Going On's.....This 'n Thats.....


Fighting computers
Tough week?  Take a few moments to enjoy our guest blogger, Celia Elwell, RP and senior paralegal, who sends us interesting links and articles.  Enjoy!

Judge Throws Out RICO Claims Against Johnson & Johnson, by Shannon P. Duffy, The Legal Intelligencer
http://www.law.com/jsp/pa/PubArticlePA.jsp?id=1202504306265

Federal Judge Dismisses BP Oil Spill Fraud Lawsuit, by Maureen Cosgrove, JURIST
http://bit.ly/odVde4

Jury Awards $900 Thousand In Age Discrimination Case, by Ellen Simon, Employee’s Rights Post Blog
http://bit.ly/r7kUkO

Third Circuit Okays Collection of DNA from Criminal Suspects, by Nathan Koppel, Wall Street Journal Law Blog
http://on.wsj.com/mQC5sq

Preparing Americans for Death Lets Hospices Neglect End of Life, by Peter Waldman, Bloomberg
http://bloom.bg/qL6P6N

LegalZoom Sued by Alabama Bar Group for Unauthorized Practice, by Stephanie Rabiner, Strategist, The Findlaw Law Firm Business Blog
http://bit.ly/nBb9LF

The Grey Area of Unauthorized Legal Practice, Law Librarian Blog
http://bit.ly/oDq22g

Handle Loaded E-Discovery Tools With Care, by Sean Doherty, Law Technology News
http://bit.ly/pVg1KW

Are Student Cell Phone Records Discoverable?, by Joshua A. Engel, Law Technology News
http://bit.ly/pk7clJ

Conn. High Court Dismisses Criminal Case for Discovery Abuse, by Christian Nolan, LTN Law Technology News, Law.com
http://bit.ly/nyp7KZ

Writing to Persuade, Legal Writing Prof Blog
http://bit.ly/n3mhTR

So Your Screwed up That Research Memo to the Partner, Now What?, Legal Skills Professor Blog
http://bit.ly/oansmQ

Typography for Lawyers - the book, by Raymond Ward, the (new) legal writer
http://bit.ly/etBTsq

The Importance of Printing it Out, by Raymond Ward, the (new) legal writer)
http://bit.ly/p33PeT

In a Field of Reason, Lawyers Woo Luck Too, by Benjamin Wieser, The New York Times
http://nyti.ms/qoY5P4

10 Reasons Why Most Lawyer Blogs Are Boring, by Cordell Parvin LLC, JD Supra Blog
http://bit.ly/osOfeE

Why Facebook's Facial Recognition is Creepy, by Sarah Jacobsson Purewal, PCWorld
http://bit.ly/oT2Dhb

Spies Like You?, by Josh Hyatt, CFO Magazine
http://www.cfo.com/article.cfm/14586837

5 Tips for Selecting PPC Keywords, by Jason Tabeling, Search Engine Watch
http://bit.ly/mUz34k

Gmail’s New Features: A First Look, by Eric Mack, PC World
http://bit.ly/oaX2kP

Google Plus for Lawyers, Legal Skills Professor Blog
http://bit.ly/nO4iUl

Online CLE Session: 60 iPhone and iPad Apps in 60 Minutes for Lawyers, iPhone J.D.
http://bit.ly/qmSl8F

MoreLaw Lexapedia (includes Verdicts and Decision, Recent Case Law Updates, and other valuable links)
http://www.morelaw.com/

Plain Language (a federal government website - check out Tips and Tools)
http://www.plainlanguage.gov/

Asset Search Blog published by Fred L. Abrams, Attorney
http://www.assetsearchblog.com/

Municode (free access to most municipal codes)
http://www.municode.com/


"Still Guilty After All These Years"

Very interesting op-ed in the NY Times from author & lawyer Scott Turow, all about how advances in forensic technology may also impact statutes of limitations. He raises some intriguing questions about changes in law & the passage of time:

"THIS Friday a 33-year-old man named Juan Luna will go on trial here for the murder of seven people in a Brown’s Chicken restaurant in Palatine, Ill., on Jan. 8, 1993. The investigation of the murders, in which the victims’ bloody corpses were discovered in the restaurant freezer, languished for more than a decade until Mr. Luna’s DNA was identified in the saliva found on a chicken bone at the crime scene.

[snip]

"Greater accuracy in the truth-finding process is a laudable development. But I worry that the growing capacity of today’s forensics to reach farther and farther into the past seems likely to undermine the law’s time-ingrained notions, embodied in statutes of limitations, about how long people should be liable to criminal prosecution. As the Brown’s Chicken case illustrates, DNA analysts [PDF] can now examine scant decades-old specimens and produce results of near-certainty in identifying suspects. Nor are the innovations in forensic science limited to the testing of human DNA. Forensic botany can often establish whether plant fragments found on a victim or defendant have a unique origin. Fire-scene investigation has advanced because of new extraction techniques and instrumentation. Fingerprint identification has been revolutionized both by cryogenic processes for lifting latent prints and computer imaging that allows faster and more reliable identification of partial prints. Forensic pathology, ballistics and forensic anthropology have also moved ahead rapidly.

[snip]

"The law is a fluid thing, and there is an inherent unfairness in initiating a prosecution decades later when legal rules and community expectations have changed. If a jury — or the police and prosecutors — now strongly disapprove of conduct to which they would have once turned a blind eye, it’s natural to wonder whether the defendant would have acted the same way in today’s ethical climate.

"Statutes of limitations have also traditionally embodied a moral judgment that if a person has lived blamelessly for a significant time, he should not have the anxiety of potential prosecution hanging over him forever. Violent crimes are usually the province of young men, and it is often the case that one of the principal purposes of the criminal justice system — keeping the criminally inclined off the streets — vanishes with time."