The European Union (EU) has classified Internet “cookies” and other systems that monitor online activities of individuals to be within the scope of the EU’s Data Protection Act, to the extent that those systems process personally identifiable information.  This means that cookies capturing information which can be associated with specific people must be managed in a [...]

Last month, I read an article from the ABA Journal about how those who score the highest on the LSAT are becoming increasingly unlikely to actually apply to or attend law school. Maybe that’s because the high scorers decided to teach LSAT prep courses instead. For example, Robin Singh, the founder and owner of LSAT prep company TestMasters, claims [...]

30 Appeal and Error 30V Presentation and Reservation in Lower Court of Grounds of Review 30V(B) Objections and Motions, and Rulings Thereon 30k181 k. Necessity of Objections in General. Preservation requires that a party make a specific objection to provide the trial court an opportunity to correct any error it may have made, and does not enable counsel to comb [...]

(Editor’s Note: Technology changes so quickly nowadays that it’s sometimes hard to keep up. To help with this, Westlaw Insider will be looking at recent developments and updates in social media law and cyberlaw throughout the month of May.) For the first week’s post on a Facebook “Like” not being expressive, click here . For the second week’s post on [...]

81 Colleges and Universities 81k9 k. Students. Not withstanding the right of a law school to refuse a contumacious student his degree, he is entitled to a certificate of attendance and that he passed a satisfactory examination. People ex rel. O’Sullivan v. New York Law Sch., 22 N.Y.S. 663 (Gen. Term 1893) [...]

It’s said you can find anything in New York City.  Chances are a truck brought it.  Commercial vehicles, their drivers and the companies that rely on them are an important part of the fabric of the New York metropolitan area.  Legal and regulatory issues abound for these pillars of commerce.  That’s why, in my solo practice, [...]

 McLoughlin v. Shopnick (Nev. Dist. Ct.) Hematologist Not Liable for Patient’s Stroke after Blood Coagulant Use   2011 WL 6062931 Verdict Summary   2006 WL 6854662  Plaintiff’s Complaint Note: The links above are intended for Westlaw users. You will be asked to sign on to Westlaw before being taken directly to the document. Publish Your Cases [...]

89 Compromise and Settlement 89I In General 89k1 Nature and Requisites 89k2 k. In General. Parties to a settlement benefit by immediately resolving the litigation and receiving some measure of vindication for their positions while foregoing the opportunity to achieve an unmitigated victory; thus, the parties to a settlement will not be heard to complain that the relief afforded is [...]

A fierce battle is underway for control of the booming electronic book market.  Amazon, Apple, and the traditional book publishers are struggling to establish pricing and revenue-sharing structures that advance their competitive interests. The U.S. Department of Justice recently charged Apple and five of the largest book publishers with antitrust law violations, alleging that the group [...]

The West Key Number System® organizes the universe of caselaw into topics (e.g., Contracts, Criminal Law, Patents, etc). Each of those topics is then further organized and subdivided into individual points of law called Key Numbers.     For example, in the Contracts topic, there is a subdevelopment (I) called Requisites and Validity . Within that subdevelopment there is a [...]

110XXXI Counsel 110XXXI(F) Arguments and Statements by Counsel 110k2145 Appeals to Sympathy or Prejudice 110k2147 k. Abusive Language. Appeal to jurors’ emotions may arise directly, or indirectly from prosecutor’s use of personal and degrading epithets to describe defendant, and defendant’s right to fair trial may be abridged by repeated or flagrant use of such invective. State v. Chasse, 721 A.2d 1212 [...]

What if the Federal Government decided that it wanted to create a national identification system? And, as a part of that system, the government compelled state and local departments of motor vehicles (DMVs) to adhere to strict new guidelines on what data it collects from individuals for use on driver’s licenses? What if that system also [...]

92 Constitutional Law 92XVIII Freedom of Speech, Expression, and Press 92XVIII(L) Challenging or Resisting Government 92k1864 k. Anti-Government Protests and Demonstrations. Beating a drum in context of clearly identified antiwar demonstration is expressive conduct protected by the First Amendment. United States v. Doe, 968 F.2d 86 (D.C. Cir. 1992) [...]

Today, open source software is widely used, and it is easy to forget that there was a time, not so very long ago, when the open source concept was viewed to be radical and a serious threat to the commercial computer software industry , which was based on a closed, proprietary licensing model. The commercial software industry developed [...]

Today’s job market has not been kind to lawyers (but you probably didn’t need me to tell you that). As difficult as it currently is to find a job as an attorney, imagine trying to find a job with a formal reprimand on your official law school transcript with a letter accompanying it explaining the reprimand [...]

197 Habeas Corpus 197III Jurisdiction, Proceedings, and Relief 197III(C) Proceedings 197III(C)3 Hearing 197k752 Conduct of Hearing 197k752.1 k. In General. In federal habeas corpus proceeding involving legality of detention of state prisoner, state’s objection to federal judge asking questions and searching the record, rejected on ground that at least since the days of Socrates asking questions has been recognized as method of [...]

(Editor’s Note: Technology changes so quickly nowadays that it’s sometimes hard to keep up. To help with this, Westlaw Insider will be looking at recent developments and updates in social media law and cyberlaw throughout the month of May.) For the first week’s post on a Facebook “Like” not being expressive,  click here . The Internet has created a vast [...]

Happy Mother’s Day!  I’m glad to share a collection of great working-mom insights that are written by attorneys. Liberating Working Moms blog includes a reminder from contributor Law Momma:  The Art of Saying “No” identifies the right times, and the right ways, to point out the boundaries for yourself, family and colleagues. A rare gem:  the working-mother community What to Expect [...]

349 Searches and Seizures 349I In General 349k60 Motor Vehicles 349k60.1 k. In General. Vehicle is an “effect” as that term is used in Fourth Amendment, which provides that “he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” United States v. Jones, 132 S. Ct. 945 [...]