Should Rap Lyrics Be Admissible Evidence?
Link Posted on
It seems hard to justify the use of lyrics like this as anything other than a cynical attempt to influence the jury with what is likely unfair character assassination. Any “gangster rap” artist is going to have lyrics in their songs that read like the manifesto of a criminal. That, however, does not make that person a criminal. Music is art, after all, and nobody goes around suggesting that Gwar actually wants to eat your children, that Martin Scorsese is part of the mob, or that John Carmack murders uber-demons in his spare time. Gangster rap has grown up and been commercialized so that it’s as authentic as Kraft American Singles cheese and mostly as palatable. Some gangster rappers are as “gangster” as the teenage surburbanite children who listen to it so faithfully. In the case of Skinner, the other evidence used against him was testimony by witnesses that told more stories than Stephen King. Still, he was convicted by the jury, though that conviction was later overturned.
Fake It ‘Til You Make It’ Huh???
Interesting take on the Young Upstart vs. the Seasoned Professional. While us Young Upstarts really know nothing, the truth is that law school and early experiences teach you to Fake It Till You Make It, and we are all guilty. I agree with the author completely. In reality we all start(ed) from the bottom and can learn quite a bit from each another.
We often feel that the legal community is split into two factions: the Young Upstarts vs. the Seasoned Professionals. The Young Upstart wants nothing more than to dive in and practice law and to learn and do everything, right now, today. He looks at the Seasoned Professional in sheer terror and hopes that no one notices that he doesn’t exactly know what he is doing.The Seasoned Professional looks at the Young Upstart and thinks, “Dear God! They’ll let anyone take the bar exam! His mere presence in the courtroom is malpractice!”
The fact is, we ALL fake it ’til we make it. We ALL start from the same place. Today’s Young Upstart is tomorrow’s Seasoned Professional. The Seasoned Professional got that way by making mistakes and learning by doing as a Young Upstart. We all start with a metaphorical dirt lot and shovel and build our proverbial houses from the foundation up.
See, Are We Faking It ‘Til We Make It?’ for the complete article. Very interesting read.
Who really owns an LLC’s blog entries?
Link Posted on Updated on
Though the question presents itself under very unfortunate circumstances, the issue is worth pondering.
Dear Rich: I am part of an LLC that owns a blog. One of our officers was the active blog contributor. She died last year. Some of the other officers would like to publish her blog posts, but we are unsure who owns the copyright – the LLC or her heirs?
Are you Team One Space or Two?
Are there one or two spaces after a period?
Five Questions Asked and Answered for Legal Technology News
Just before Thanksgiving, Ari Kaplan Advisors conducted a flash telephone survey of 26 predominantly administrative professionals from Fortune 500 (or Global 500) companies with knowledge of, and responsibility for, their organization’s electronic discovery protocols and litigation practices. Half of the respondents were either the director of legal operations or the director of electronic discovery. They shared their views on the key trends that are likely to shape e-discovery in 2014, which should be noted before you review product offerings at LegalTech New York from Feb. 4 to 6 at the Hilton New York, 1335 Avenue of Americas, New York, N.Y.
1. Do you anticipate the volume of litigation to change significantly in 2014 and 2015 versus 2013?
Answer: Litigation volumes will increase.
Read more: Five Questions Asked and Answered for LegalTech New York
A Civil Justice System With No Trials
Link Posted on Updated on
This article was first published in the Texas Bar Journal‘s December 2013 issue. — Ed.
The steady erosion of the American trial is our dirty little secret. A majority of the American public might be surprised to learn that there is indisputable statistical evidence that the number of jury and non-jury trials in our country is, and has been, sharply declining, both in absolute and relative terms.1 For example, in 2010, only 2,154 jury trials were commenced in federal district courts, which means, on average, Article III judges tried fewer than four civil jury trials that year. While jury trials in federal court obviously have declined, the decline in bench trials has been steadier and steeper.2 Even though the number of lawyers continues to increase, the number of trials is still decreasing.3
Nor is the decline in the number of cases tried due to a reduction in case filings. To the contrary, both civil case filings and dispositions actually have increased five-fold in the federal courts during the same time that the number of trials—both the rate of trials as well as the absolute number—has diminished substantially.4
What do these trends portend for the future? They mean that, despite its historical importance and value, we are slowly but surely losing one of our most precious institutions—a trial by jury or even any trial at all. James Madison, the drafter of the Seventh Amendment, would be puzzled by how we allowed this to happen, given his view that “[t]rial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.”7
When a Witness Has Selective Memory
Link Posted on
Some witnesses have a crystal clear memory about events unfavorable to your client, but express sweeping memory loss on other contemporaneous events. Here’s how to attack such selective memory.
The following line of questioning can be used in both criminal and civil cases. Even if it doesn’t get concessions from the witness, it will remind the jury of the frequent untrustworthiness of memory.
10 Tips for Lawyers Writing in a Time Crunch
Link Posted on Updated on
Back in law school, you would have had at least two weeks to complete a writing assignment. With those two weeks, you would have had ample time to research, analyze, outline, draft, revise, edit, and polish. You would have devoted significant attention to large-scale, mid-scale, and small-scale revisions. You might even have been able to put the writing aside for a day to edit with fresh eyes. Sadly, those days are gone.
When lawyers have the time, of course they write well. The demands of the legal profession, however, can make even the best writer feel like a Top Chef contestant completing a Quickfire challenge, in which accomplished chefs must create, cook, and plate a recipe in under 30 minutes. Given the time constraint, the dishes are often incomplete or inedible. Similarly, when experienced lawyers are rushed, their writing might also be imperfect or hard to digest. Facing crunch time can make the most talented question their abilities and can leave both culinary and legal clientele with a negative or inaccurate impression.
There are, however, ways to control the havoc that time pressure can wreak. Just as some Top Chef contestants can successfully complete the same tasks in 30 minutes as they can when working under less-pressured conditions, so can lawyers—whether they have months, weeks, or hours to finish a writing project.
Blind Men And An Elephant
Link Posted on
An easy and lazy habit that you can have as a lawyer is only seeing things from the perspective of a lawyer. Lawyers are trained to deconstruct problems and look for weakness, to approach situations with a critical perspective. But that does not mean that it is the only perspective that you need to have. One of the most voiced complaints from clients is that their lawyer doesn’t understand their view or their perspective on a case or matter.
This is likely due to a breakdown of communication between the lawyer and the client, and more than likely it is the lawyer’s fault. As a lawyer, it is very easy to fall into entrenched patterns and lines of thought — so easy that it is often difficult to step back from your role as a lawyer, and look at a case or a problem as a layperson or client. Harvard professor Theodore Levitt most aptly summed up this problem with his famous observation: “People don’t want to buy a quarter-inch drill. They want a quarter-inch hole!”
Source – Blind Men and an Elephant
- ← Previous
- Next →