Guest Post: Confidence in Intervals and Diffidence in the Courts

This guest post comes to the STLR Blog from CLS Lecturer-in-Law Nathan A. Schachtman. He blogs regularly at http://schachtmanlaw.com/blog/. This post was originally published at that site and is available here. Next year, the Supreme Court’s Daubert decision will turn 20.  The decision, in interpreting Federal Rule of Evidence 702, dramatically changed the landscape of expert witness testimony.  Still, there are many who would turn the clock back to disabling the gatekeeping function.  In past posts, I Continue Reading →

Spotlight On Technology And Public Interest Law

USING TECHNOLOGY TO VISUALIZE CHANGE As part of its project curriculum, Columbia Law School’s Lawyering in the Digital Age Clinic engages in an ongoing collaboration with NYC’s Project FAIR to innovate and implement greater access to legal help and resources for the low-income and underrepresented members of the New York City community. Project FAIR Project FAIR (Fair Hearing Assistance, Information & Referral) comprises a consortium of attorneys, paralegals, public benefits experts, legal advocates and law Continue Reading →

Your Smartphone; A Prosecutor’s Best Witness

Introduction Witnesses in the United States may choose to exercise their right to “plead the Fifth,” or refuse to answer a question because the response could provide self incriminating evidence of an illegal act. But how strong is this right if a prosecutor is already aware of where a witness was, what they saw, what they heard, and in some ways even what they were thinking at any given time on any given day? I Continue Reading →

Game Changes: Sony’s New Terms of Service

Last Thursday, Sony quietly added a binding arbitration and class action waiver section to its Playstation Network terms of service agreement.  The result: users now agree to proceed individually in any dispute against Sony, foreclosing the option to participate in new class action suits.  The terms also give Sony the option to handle any dispute through arbitration, the results of which are binding and final.  These changes come in the wake of several class action Continue Reading →

STLR Link Roundup – December 4, 2009

The latest on the STLR radar: Patent Docs reviews Senator Patrick Leahy’s proposals for patent reform. Third Circuit gives “Spam filter ate my filing notice” excuse a second chance, from the Technology & Marketing Blog. EFF sues to find out how the government spies on us using social networks; Indiana University students makes a Freedom of Information request to find out much the big telcos charge the government to spy on their networks, says Wired. Continue Reading →

Durham Statement on Open Access

A group of law librarians recently published the Durham Statement on Open Access, calling on law journals to “mak[e] the legal scholarship they publish available in stable, open, digital formats in place of print.” The rationale, which is well worth reading, includes issues both timely (the economy) and timeless (the environment and access to education). STLR has been ahead of the curve on this front, choosing since our inception to publish only online and in Continue Reading →

How Legal Fees Might Stop the RIAA’s Campaign Against File Sharing

It’s no secret that the Recording Industry Association of America (RIAA) has responded to the growth of online file sharing with a wave of copyright infringement litigation. Often, the individuals targeted by the RIAA fear the overwhelming costs of defending themselves in court, and many have agreed to pay large settlements. A current federal case in Oregon, however, may dramatically alter the legal landscape by forcing the RIAA to pay attorneys’ fees for those who Continue Reading →