Moritz Legal Information Blog

Robert Bork, famous for his contentious Supreme Court nomination and his originalist view of judging, died yesterday from complications of heart disease. Wall Street Journal Law Blog New York Times Now that exams are drawing to a close, perhaps you'd like to learn more about Robert Bork?  The Moritz Law Library has many books by and about him, including: The Antitrust Paradox: A Policy at War with Itself , by Robert Bork Coercing Virtue: The Worldwide Rule of Judges , by Robert Bork Slouching Towards Gomorrah: Modern Liberalism and American Decline , by Robert Bork A Time to Speak: Selected Writings and Arguments , by Robert Bork Advice and Consent: Clarence Thomas, Robert Bork, and the Intriguing History of the Supreme Court's Nomination Battles , by Paul Simon Battle for Justice: How the Bork Nomination Shook America , by Ethan Bronner Matters of Principle: America's Rejection of the Bork Nomination , by Mark Gitenstein Originalism in American Law a

WestlawNext and the ABA Journal bring us some useful tips on maintaining attorney-client privilege, work product protections, and law firm intellectual property: Best Practices for Sharing Legal Research The tips are sound whether you use Google Docs, Dropbox, or some other cloud computing (i.e., internet-based) file sharing program. This story explains a bit more about the ethical issues that could arise when attorneys use the cloud. For the OSBA take on things, pick up this CLE handout on the subject: Digital Lawyering: How to Make Use of Technology to Improve Your Law Practice

How does one go about fact-checking Lincoln ? Put another way, if you land a job aiding film makers in their pursuit of historical accuracy, where do you turn? Well, you can start with a plethora of secondary sources. Then, cull those sources for information about specific events and dates so that you can pull primary sources (e.g., transcripts of speeches, Congressional hearings and reports). For the latter, check out Congressional and Presidential collections on HeinOnline and ProQuest Congressional . If you're not finding what you're looking for online, keep two things in mind: (1) the database you're searching may not have the coverage dates you need (e.g., you might be looking for something from 1864, but the database only includes items as old as 1900); and (2) just come in to the library (or call or email !) for good ol' antiquated paper. We're happy to help.

A favorite podcast of mine recently explored the question " Why isn’t the U.S. on the metric system? " After a lengthy discussion of the history of the metric system (with frequent references to Napoleon and Thomas Jefferson), the hosts brought up the key reason we have uniform systems of measurement: commerce. If you're buying or trading X amount of something, you want to be certain you truly know what you are getting. A " ton " of carrots may be a short ton to one person (2,000 pounds) or a long ton (2,240 pounds) to another. So why should attorneys care about the variety of measurements out there? If you are responsible for drafting a contract, it may not be just the legal terms you're concerned with. Sure, limitations of liability, indemnifications, and warranties are the trifecta of legal issues in a contract, but mistake of fact is certainly a legal issue you should consider, particularly if your client is contracting with someone in another count

A Washington paper reports on a mistrial due to a juror's legal research in an emotionally fraught criminal case. The  Everett Herald reports A Snohomish County deputy prosecutor couldn't bring himself to force a 6-year-old girl to take the witness stand again to testify against her father -- the man accused of raping and molesting her. The case was strong against the Bothell man. Eleven jurors had believed he was guilty before a mistrial was declared. One juror had played by his own rules, ignoring repeated commands by the judge to only consider evidence presented at trial. After the first day of testimony, the juror launched his own investigation.                                                                    *   *   * In the past, judges warned jurors to avoid stories in newspapers and radio and television broadcasts. Now, judges often have lengthy colloquies about what other sources of information jurors also should avoid, including Facebook, Twitter, blogs a

Speaking of exotic pets, here's perhaps the best line about a case you'll read all day: "Descendants of Ernest Hemingway’s six-toed cat Snowball that live at his museum home are subject to federal regulation because they substantially affect interstate commerce, a federal appeals court has ruled." Polydactylism is a genetic condition that results in the cats having more toes than is typical. According to the Hemingway Museum, the cats "that have 4 and 5 toes can still mother or father six-toed kittens. Most cats have extra toes on their front feet and sometimes on their back feet as well." Christian Science Monitor Thanks to Sarah Glassmeyer  for the horrible pun.

We have written in the past about the new Ohio exotic animal law , which followed the October 2011 tragedy in which a Zanesville man released dozens of dangerous animals before committing suicide. Last month, four owners filed a lawsuit challenging the new law.  The first hearing was held yesterday, and U.S. District Judge George Smith has ruled that the Humane Society may join the state in defending the law. Cleveland Plain Dealer Dayton Daily News Zanesville Times Recorder