Lawyer cribs from Wikipedia

OOOF! In US v. Sypher, from the Federal District Court, W. Dist., KY., Judge Charles R. Simpson, III, chides the lawyer for the defendant, in footnote 4, at page 6: The court notes here that defense counsel appears to have cobbled much of his statement of the law governing ineffective assistance of counsel claims by cutting and pasting, without citation, from the Wikipedia web site. (snip) The court reminds counsel that such cutting and pasting, without attribution, is plagiarism. The court also brings to counsel’s attention Rule 8.4 of the Kentucky Rules of Professional Conduct, which states that it is professional misconduct for an attorney...

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A Coup for Lexis

Lexis has announced that as of May 1, it will be the "exclusive third party online distributor of ALM's broad collection of industry-leading legal content worldwide." What this actually means is that Westlaw will no longer offer access to The National Law Journal, The American Lawyer, New York Law Journal, New Jersey Law Journal, and a host of other publications. All of these titles will be available on Lexis, where they will help to level the playing field between the big two legal database vendors. As a teacher of legal research, this news is heartening. Students sometimes ask why they have to learn Lexis (students at my school tend to favor Westlaw, perhaps because we use TWEN), and access to the ALM publications will be a strong incentive. palm sunday rci record store day fulltilt...

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Online Research Exposes Legal Researchers & Clients to Ethical Issues!

Our colleague, Anne Klinefelter, has written a stunner of a new article at 16 Virginia Journal of Law & Technology 1 (16 VJoLT 1), Spring, 2011, WHEN TO RESEARCH IS TO REVEAL: THE GROWING THREAT TO ATTORNEY AND CLIENT CONFIDENTIALITY FROM ONLINE TRACKING. The title explains a lot about her ideas, but here is a bit more detail. Her thesis is that online legal research providers often track, either for their own use, for corporate parents, or for advertisers or other third parties, the actions of the researcher. This includes the really expensive commercial services, like Lexis or Westlaw, as well as the lower-rent services that I immediately...

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Dick Does Duke

Duke Law School does not go out of its way to publicize the fact that the only United States President ever to resign, Richard M. Nixon, is an alumnus of the Class of 1937. Last week, however, a musical about Nixon, Tricky Dick, was put on by Duke Law School professors, staff, and students. The play was also written by Duke Law School students. The New York Times reports that the musical was first performed last year, but without "acknowledgement" from the school. "This year, the play received a $5,000 donation from the Allen & Overy law firm." Proceeds from the production went to the Duke Public Interest Law Foundation, according to...

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In Praise of Robert Morgenthau

Robert Morgenthau, the legendary former District Attorney for New York County, is the subject of a compelling profile written by Rand Richards Cooper, a fellow Amherst alumnus, in the Winter 2011 issue of the Amherst College alumni magazine. Morgenthau led the District Attorney's office for thirty-four years, retiring in 2009 at the age of ninety. During his tenure, it became one of the most highly regarded prosecutorial offices in the United States, a famous training ground for attorneys, some of whom went on to have distinguished careers in law, politics, and on the bench--Supreme Court Justice Sonia Sotomayor; New York Governor Andrew Cuomo;...

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The Sorry State of Academic Publishing

The article, "Libraries, Publishers, and a Plea for Shotgun Weddings," by Bryn Geffert, the librarian at Amherst College, really struck a chord with me. Geffert decries the sorry state of academic publishing which is exemplified by a book he was recently asked to review. At first glance, the work appeared promising. The publisher's Web site pledges research based on "recently opened archives," "surprising" revelations, and a "comprehensive overview" of important and neglected topics.The list of contributors includes important figures in the field. The editor, a reputable scholar, teaches at a good university.The publisher is a well-known commercial...

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