Category «United States Law»

Vermonts Legislature is Considering Support for Blockchain Technology and Smart Contracts

Bitcoin is a significant disruptive technology with a growing impact on the financial sector and legal sectors, around the world. Alan Rothman expertly educates us on new legislation from Vermont that is intended to move the state towards using blockchain technology for “records, smart contracts and other applications”. One of the key distinctions Rothman highlights is that Vermont is not in any manner approving or adopting Bitcoin, but rather, the state is diversifying and adapting the underlying blockchain technology that supports it.

Read more

Subjects: Business Research, Intellectual Property, Internet Trends, Legal Education, Legal Technology, Legislative, Technology Trends

Wearable tech data as evidence in the courtroom

Nicole Black discusses how data downloaded from wearable technology has entered into the discovery phase of personal injury cases. A wealth of data can be collected about the direct activities of individuals who are using wearable devices while exercising, as well as conducting routine and regular activities such as walking. The implications of this concept may have considerable implications on par with those pertaining to the use of social media.

Read more

Subjects: Courts & Technology, E-Discovery, Mobile Technology, Social Media

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.

Read more

Subjects: Animals and the Law, Ethics, Human Rights, Legal Ethics, Legal Research

Cut and Paste Opinions: A Turing Test for Judicial Decision-Making

Ken Strutin argues that cut-and-paste is a laudable method for reducing transcription errors in copying citations and quotations. However, he identifies that a problem arises when it is used to lift verbatim sections of a party’s arguments into a case decision. Stipulations and proposed orders from counsel for both parties might be enviable and practicable, but judgment and fact-finding are solely in the province of the court. This has been a long standing issue that has spanned technologies from shears and paste-pot to typewriters and computers, and which might culminate in a Turing Test for case law.

Read more

Subjects: Case Management, Court Resources, Courts & Technology, KM, Legal Profession

Shaken Baby Syndrome: A Differential Diagnosis of Justice

Ken Strutin’s article is a comprehensive examination of how the concept of Shaken Baby Syndrome (SBS) has become a battleground where medical evidence and legal presumptions clash, testing the limits of judicial wisdom. Strutin presents a collection of recent and select court decisions, law reviews and news articles that explore the ongoing scientific and legal arguments about the definition and exclusivity of shaken baby syndrome evidence.

Read more

Subjects: Criminal Law, Legal Research

No Paperwhite read-aloud for you! FCC again lets Amazon and friends diss people with disabilities

David Rothman continues his reporting on the status of Text to Speech applications that have yet to be added to E-Ink readers due to the FCC’s extension of vendor exemptions from complying with a key benefit for the disabled that is part of the Twenty-First Century Communications and Video Accessibility Act of 2010.

Read more

Subjects: E-Books, Gadgets, Government Resources, Internet Trends, Legislative, Utilities (Software)

Cameras in the Streets: Focus on Justice

2014 has been a watershed for the national and international role of citizen photo journalists who have impacted in myriad ways events which have in turn sparked debate, protests, and legal action – increasing the scrutiny of activity conducted by groups including law enforcement. Ken Strutin’s timely, informative and significant article collects noteworthy news, litigation, and legal analyses concerning civilians and journalists photo-documenting the activities of law enforcement as well as police use of cameras to record their work.

Read more

Subjects: Criminal Law, Free Speech, Internet Trends, Privacy, Social Media

Criminal, privacy implications of drones

Nicole Black discusses a recent NJ case that raises significant questions about the future of privacy and the use of drones for surveillance purposes by both private individuals and governmental entities. Cases such as this one involving the discharge of a weapon to destroy a privately owned drone used to surveil a neighbor’s property will impact interpretations of privacy laws in New Jersey, New York and around the country as well.

Read more

Subjects: Courts & Technology

Clients and Suicide: The Lawyer’s Dilemma

Ken Strutin’s article discusses an increasingly visible issue, suicide, here in the specific context of criminal law. He reviews how the stress of prosecution or litigation, whether it means risking a prison term, unemployment, bankruptcy, eviction, broken family relations, isolation, or other serious consequences can create or exacerbate a vulnerable and dangerous state of mind in a client. Client suicidal thoughts, attempts or actions expose the intimacies of human autonomy and test the limits of the attorney-client relationship. They cross a range of legal, moral and medical contexts: professional responsibility, client confidentiality, effective assistance of counsel, legal malpractice, criminal liability, and end of life issues. So it is that attorneys confronted with signs of suicidal intentions in their clients need to be conscious of their legal and ethical responsibilities. Strutin’s article is a significant guide for researchers, as it collects notable materials on this complex and sensitive topic, including ethics opinions, law reviews, bibliographies and other resources.

Read more

Subjects: Criminal Law
➤