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Search results for «NV torts»
The expanding role of technology in the law firm business model
The premise of this article by COO and legal technologist Kenneth Jones is that individual capabilities and excellence (either legal or technical) standing alone are not enough to ensure long-term, sustainable success. No superstar technologist or lawyer is equipped to do it all, as there are too many specialties and functional roles which need to be filled. Rather, a better approach is to construct team-based, cross-functional units that offer greater operational efficiency while building in layers of redundancy that reduce the potential for surprises, errors, or disruption. This comprehensive and actionable guide validates deploying the cross-functional team approach across the enterprise.
Pete Recommends – Weekly highlights on cyber security issues, July 3, 2022
Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness. Four highlights from this week: Vendors prep for new cyber rules of the road; USPS: It’s Up to Mailers to Comply With State Laws on Abortion Pills; Facial Recognition Technology: Federal Agencies’ Use and Related Privacy Protections; and Google Asks for Permission to Flood Inboxes With Campaign Spam.
Detainers, Detention and Deportation: From Presence to Personhood
Ken Strutin’s latest guide on criminal law is an expansive, extensively documented, expert work that provides researchers, scholars, lawyers, judges, advocates for criminal justice, librarians, students, and Americans, a timely and essential guide to seminal issues that are currently the subject of widespread debate – in Congress, in states and local communities across the country – and litigation – in America’s courts, the court of public opinion, and on social media. Strutin takes up the immense challenge of these volatile subjects with his first statement: “There is no such thing as an “illegal” person. For the virtues of citizenship are not exclusive to law books, but found in the dignity of individuals. Ancient peoples who made the first journeys to new lands quickly discovered that humanity is a flower that can bloom anywhere. Since then, lines on maps have served to separate people from personhood. He continues – “Immigration laws and policies have the power to conflate race, ethnicity and national origin with lawbreaking, economic rivalry, and terrorism. A targeted noncitizen occupies an indissoluble bubble of isolation and obloquy that separates them from the moral force of state laws, the integrity of its officials, and the decency of its citizens. For them America is an inside out prison comprised of sensitive locations, sanctuary cities, and degrading confinement. If the immigration system bears a resemblance to criminal justice, it is because they share a forge upon which people are hammered out.” Through the outstanding scholarship Strutin offers here, it is my hope that readers will engage with these issues that are intrinsically connected to Democracy and respect for human rights.
Stagnation And The Legal Industry (Part 2) What Real Transformative Change Could Look Like
In his article Ken Grady describes one possible future for the legal services that embodies radical transformation. He bases this new paradigm on Elon Musk’s premise: the only things unchangeable are the laws of nature. In the case of your law practice this means that regulations, custom, habits, and processes and procedures are all the focus of actionable change. Grady suggests specific ways that the innovative use of current technology and how you approach your work and client services can effectively and positively impact the not too distant future of your profession.
Bail in Justice: Innocence, Indigence and Incarceration
Ken Strutin’s exemplary research once again advances our understanding of critical issues pertaining to our justice system in the United States. According to Strutin: ‘the number of innocent people in post-conviction confinement is counted in the thousands, the pre-trial population of the unconvicted is in the millions. Every accused has constitutional rights to liberty, dignity and innocence, and yet, confinement often arrives before conviction. Money bail has the unfortunate effect of monetizing personal liberty and alchemizing human beings into negotiable instruments. This is the slippery slope of criminal justice, the erosion of liberty and due process. So it is that excessive bail bars the way to fully realize constitutional rights and increases the risk of wrongful conviction. Present efforts to improve pretrial release and detention practices have inspired some legislative and policy changes as well as bail funds and advocacy programs. This guide and annotated bibliography covers noteworthy legislation, court decisions, reports and guides, news articles and other sources concerning bail reforms and practices.”
The Confusion Of Legal Education
Ken Grady identifies significant disruptive reasons why undergraduate students are veering away from choosing law school for other graduate education, and offers effective, innovative responses which should be put into action with alacrity.
Mecha Justice: When Machines Think Like Lawyers
Most workplaces, whether public, private, academic – within the government, legal, education, news, or advocacy sectors – are increasingly focused on how to define, implement and position the use of ‘Big Data,’ data analytics, artificial intelligence (AI), and even robotics, into respective organizational missions that are under increasing pressure to innovate faster. Ken Strutin’s comprehensive, insightful and expertly documented article is a critical read to assist all of us in the legal environment, regardless of our role, in understanding key cases, issues, science, technology and applications, and potential as well as actual outcomes. As Strutin writes, the term “Mecha” envisions a futuristic artificial intelligence wrapped in human likeness and seamlessly woven into the activities of society. It represents a time when the aggrandizement of our species will depend on technology that looks and thinks like us. Today, the prototype of attorney mechas are emerging from advances in computer reasoning and big data. The demands of increasingly complex legal transactions, sophisticated consumers, and the momentum of technology are putting pressures on the practice of law that only computer assistance can relieve. This compilation of notable news articles, scientific studies and legal scholarship highlights the progress of rights, responsibilities and roles of legal professionals and thinking machines.
Locating Foreign Civil Codes
Lyonette Louis-Jacques expertly guides us with this pathfinder on the research required to comprehensively address the frequently asked foreign and comparative law research question – how do I to find a country’s civil code?. A researcher might not know they need a civil code, but they often do. A civil code is the key to accessing all types of private law for many civil law jurisdictions. Modeled after the Code Napoléon or Code civil des Français (1804), a civil code usually contains laws relating to personal status, contracts, torts, “delict”, “obligations”, real and personal property, inheritance and succession, marriage, divorce, family, parent and child, private international law (conflict of laws/choice of law).
Pain Science and the Administration of Justice
Ken Strutin’s article is a survey of legal scholarship and medical research concerning the study of pain and its significance for the administration of civil and criminal justice. The complexity of pain’s impact on each individual’s life is increasingly relevant in the context of the administration of civil and criminal justice. Strutin’s subject matter expertise in issues of law and justice is further articulated in this this article as he undertakes a timely review of an increasingly relevant issue that impacts the lives of defendants and complainants alike.
Solitary Confinement: Out of Sight, Out of Mind
Ken Strutin’s article surveys notable legal developments, new scholarship, and recent scientific research concerning the administration and effects of solitary confinement. Strutin describes solitary confinement as punishment’s punishment. He states that solitary is where the mind is worn out by pacing the same floor, viewing the same walls, tuning in to the same sounds without relief. He documents how extreme isolation has devastating psychological and physical consequences, collectively described as “SHU syndrome.” Strutin delivers illumination to the heart of legal challenges and legislative reforms now supported by an expanding body of research into the harmfulness of prolonged human isolation.
Animal Rights on the Road to Personhood
Ken Strutin’s paper addresses a seminal issue that has been an integral part of the personal and collective ethic of diverse peoples around the world. As Strutin states, when life is classified biologically, it is also defined legally. Thus is formed the tension between the natural and juridical worlds. Whether animal rights can ever fall within the ambit of personhood will depend as much on the findings of cognitive science as on the evolution of legal remedies. Indeed, the foundations for nonhuman personhood are being laid in a growing body of litigation and scholarship at the borderlands of science and civil justice.
Researching Australian Law
Nicholas Pengelley and Sue Milne have revised, updated and expanded their guide which covers a comprehensive range of sources on topics that include: Parliaments and Laws; Finding Australian Legislation; Courts and Judgments; Finding Australian Cases; Treaties; Journal Literature; Legal Encyclopedias; Law Reform; Government Information; Dictionaries; Directories; Legal Research Guides; Publishers; Current Awareness; Discussion Lists; and Major Texts.
Ghost in the Machine: Managing the Information Afterlife
Ken Strutin addresses how the scope of digital estates is growing by leaps and bounds. Parents are registering domain names for their unborn children and social media sites are creating cyber cemeteries where friends and family can visit the last online impression of the dearly departed. The majority of transactions in modern society are created and deposited in digital environments operated by third parties on remote sites. Yet, the rights of users and their inheritors to that content are not clearly spelled out in statutes or court decisions. Ken’s guide gathers current research about digital content ownership and disposition rights at the points where the life cycle has been interrupted or concluded.
Researching Australian Law
Nicholas Pengelley and Sue Milne present a completely updated guide to researching law in Australia. The Commonwealth of Australia is a common law jurisdiction; a federation within the British Commonwealth, with Queen Elizabeth II as its head of state. The Queen is represented in Australia by a Governor-General at the national level, and in each of the six states by a Governor. The Australian Constitution, embodying the doctrine of separation of powers, prescribes the authority of the executive, legislative and judicial arms of government. It was enacted British Act of Parliament in 1901 and the then separate colonies were united as states of one country. As well as the six states there are three self-governing territories (one of them, the Australian Capital Territory, is the site of the federal seat of government, Canberra) and a number of external territories – islands in the Indian and Pacific Oceans, and the Australian Antarctic Territory.
Researching Australian Law
This comprehensive guide by Nicholas Pengelley and Sue Milne includes primary and secondary research resources in the following areas: Parliaments and Laws, Finding Australian Legislation, Finding Australian Cases, Treaties, Journal Literature, Legal Encyclopedias, Law Reform, Government Information, Dictionaries, Directories, Legal Research Guides, Publishers, Current Awareness, Discussion Lists, Information Brokerage and Major Texts.
The Government Domain: Political Fact-Checking Websites
Peggy Garvin’s well-timed article identifies and evaluates key websites that monitor the accuracy of statements and representations made by political candidates and their respective campaigns.
The Art of Written Persuasion: The Problem with the Case Method and the Case for the Problem Method
In this second article in the series, Troy Simpson suggests that the ‘case method’ of teaching law may help to explain why lawyers write badly. He then outlines some of the advantages of the ‘problem method’ of teaching law.
Reference from Coast to Coast: Summer Musings
Jan Bissett and Margi Heinen provide a timely and valuable refresher on a range of well-sourced, reliable, topical websites, guides, print and program materials useful for summer associate legal research training.