September 2017 Archives



A Florida law firm's failure to appeal an order assessing attorney fees doesn't constitute excusable neglect when its email system apparently perceived the order to be spam and erased it, a Florida appeals court has ruled.


The Aug. 10 decision by Florida's First District Court of Appeal is being touted as a cautionary tale for lawyers, Law.com (sub. req.) reports.


Read more...




The Law Schools With The Highest Student Loan Default Rates | Above the Law

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According to the most recent data reported to U.S. News, recent graduates of public law schools have an average debt of $90,217, recent graduates of private law schools have an average debt of $130,349, and the average class of 2016 graduate has an average debt of $112,389. 
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As reported by the ABA Journal, these are the law schools with the highest student loan default rates for Fiscal Year 2014...





Resources | Comic Book Legal Defense Fund

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Part of the Banned Books Week Coalition, the Comic Book Legal Defense Fund (CBLDF), founded in 1986 by underground comic artist Denis Kitchen, is "a non-profit organization dedicated to the protection of the First Amendment rights of the comics medium and its community of retailers, creators, publishers, librarians, and readers." Under the Resources tab, the CBLDF offers a wealth of information relating to comics and graphic novels, which remains one of the most frequently challenged book genres. These resources include a detailed History of Comics Censorship, a series of six essays that traces this history back to the 1930s. This series includes a discussion of Dr. Frederic Wertham's famous anti-comic book Seduction of the Innocent: the Influence of Comic Books on Today's Youth, which led to Wertham's involvement in a 1954 Senate Judiciary Committee's Subcommittee to Investigate Juvenile Delinquency. Another highlight of the resource collection is the Library and Educator Tools, which includes discussion guides, materials for book clubs, and resources for incorporating specific graphic novels into the classroom.

SOCIAL STUDIES


Copyright © 2017 Internet Scout Research Group - http://scout.wisc.edu

Toronto Police Asking iPhone Users Not To Test iOS 11's 911 Feature--Ubergizmo.com

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By 

With iOS 11, Apple has introduced a bunch of new features to the iPhone and iPad devices. One of those features is to allow users to make a quick call to emergency services where if you press the lock button five times in a row, you will be greeted by a screen that lets you power the device off or to call emergency services.

The Legal Profession in Transition--NYSBA Journal--Sept., 2017

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By Stephen P. Gallagher :


In September 2004, Leonard E. Sienko, Jr. and I teamed up to write our first article for the NYSBA Journal. The title of that article was Yesterday's Strategies Rarely Answer Tomorrow's Problems. In October 2015, we got together again to write a follow-up article, For Sole Practitioners, The Future Is Not What It Used to Be. We thought this might be a good time to once again share our thoughts regarding today's challenges. I generally focus on the trends, while Lenny tempers my theories with practical, real-world tales. He has been in the trenches as a solo practitioner in Hancock, N.Y., for 39 years. 

Read our latest article...


How To Seek Information on Loved Ones in Puerto Rico After Hurricane Maria

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By Arturo Garcia--September 22, 2107

Some of the phone numbers shared widely on social media no longer appear to be working or have been replaced by email addresses.






How to manually offload and reinstall apps in iOS 11 | Cult of Mac

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iOS 11 can automatically delete apps when space gets tight on your iPhone or iPad. It's called offloading, and only the app itself gets removed.

All the app's data is saved. That way, if you reinstall the app in the future, it will be like you never deleted it. Wouldn't it be great if you could choose to offload apps yourself, instead of deleting them? Well, good news, because you can totally do that. Here's how....

Donald Trump's lawyers fail at basic lawyering: Privacy - Salon.com/NYTIMES

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--Salon.com

President Donald Trump may be focusing on how to wriggle out of the Russia scandal that threatens to envelop his administration, but in order to do that, his legal team will first need to get their proverbial house in order.

Exhibit A: The fact that Trump lawyers Ty Cobb and John Dowd were overheard by New York Times reporter Kenneth Vogel dishing over their frustrations with the administration's legal strategy.


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By PETER BAKER and KENNETH P. VOGEL--NYTIMES


The friction escalated in recent days after Mr. Cobb was overheard by a reporter for The New York Times discussing the dispute during a lunchtime conversation at a popular Washington steakhouse. Mr. Cobb was heard talking about a White House lawyer he deemed "a McGahn spy" and saying Mr. McGahn had "a couple documents locked in a safe" that he seemed to suggest he wanted access to. He also mentioned a colleague whom he blamed for "some of these earlier leaks," and who he said "tried to push Jared out," meaning Jared Kushner, the president's son-in-law and senior adviser, who has been a previous source of dispute for the legal team.

HUD Disaster Relief Options for FHA Homeowners

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Was your home or your ability to make your mortgage payments harmed by an event that the President declared a disaster? You may qualify for relief to help you keep your home. Much of the mortgage industry and The United States Department of Housing and Urban Development are committed to assisting borrowers whose lives and livelihoods are thrown into turmoil by a disaster.

If you can't pay your mortgage because of the disaster, your lender may be able to help you. If you are at risk of losing your home because of the disaster, your lender may stop or delay initiation of foreclosure for 90 days. Lenders may also waive late fees for borrowers who may become delinquent on their loans as a result of the disaster.

If you have a conventional mortgage, you are strongly encouraged to contact your lender for further information, and to see if you are eligible for relief.

If you have an FHA-insured mortgage, please continue reading to find out what options may be available to you.






Apple has updated iTunes on macOS to eliminate ringtones, iTunes U, and perhaps most surprising of all, iOS apps. According to Apple's support page:
Apps for iPhone, iPad, and iPod touch are now exclusively available in the new App Store for iOS.

Chemerinsky brief argues Trump's pardon of Arpaio is void--ABA Journal

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BY DEBRA CASSENS WEISS


A proposed amicus brief filed Monday argues that President Donald Trump's pardon of Sheriff Joe Arpaio is void because it violates the Constitution. The brief (PDF) was submitted to a federal judge in Phoenix who is considering whether the pardon, issued before Arpaio had a chance to appeal his contempt conviction, requires her to vacate the conviction, Law.com (sub. req.) reports.





Boston, Massachusetts--The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) sued (full text of complaint)  the Department of Homeland Security (DHS) today on behalf of 11 travelers whose smartphones and laptops were searched without warrants at the U.S. border.

The plaintiffs in the case are 10 U.S. citizens and one lawful permanent resident who hail from seven states and come from a variety of backgrounds. The lawsuit challenges the government's fast-growing practice of searching travelers' electronic devices without a warrant. It seeks to establish that the government must have a warrant based on probable cause to suspect a violation of immigration or customs laws before conducting such searches.

Read more of press release....

BY DEBRA CASSENS WEISS

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Judge Richard Posner had intended to stay on the federal appellate bench until he reached 80, an age he believed to be the upper limit for federal judges.


But on Friday, at the age of 78, he abruptly announced his retirement from the Chicago-based 7th U.S. Circuit Court of Appeals, effective the next day. The reason is due to "difficulty" with his colleagues over the court's treatment of people who represent themselves, he told the Chicago Daily Law Bulletin in an email.

"I was not getting along with the other judges because I was (and am) very concerned about how the court treats pro se litigants, who I believe deserve a better shake," Posner said. The issue will be addressed in an upcoming book that will explain his views and those of his colleagues "in considerable detail," Posner said.

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macOS HighSierra: Get your Mac prepared

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The new macOS High Sierra is coming and there are a few things you should know: The first, what are the installation requirements? And the second, how can you prepare your Mac for macOS High Sierra?
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, New York Law Journal

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Full Text of Decision:   Myers v. Schneiderman

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"Our Legislature has a rational basis for criminalizing assisted suicide, and plaintiffs have no constitutional right to the relief they seek herein," the Court of Appeals, affirming the ruling by the Appellate Division, First Department (NYLJ, May 4, 2016) and acting Manhattan Supreme Court Justice Joan Kenney (NYLJ, Oct. 21, 2015).

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Lawyer Referral Fees: Worth Paying?--Lawyerist.com

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By Allison Shields


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Referrals from other attorneys are a huge source of business for many law practices. But should those referrals prompt the payment of referral fees? Is it OK to insist another lawyer pay a referral fee in exchange for sending a client to them?
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    It's only a matter of time before the iPhone 8 hits the shelves.

    The upcoming version is rumored to come with a $999 price tag, Business Insider's Edoardo Maggio reported.

    If you're planning to trade in your old phone, it's worth considering an underutilized way to buy your next one: Apple's iPhone Upgrade Program.

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    Read more...


    Under 'Observation,' Some Hospital Patients Face Big Bills - The New York Times

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    On July 31, a federal judge in Connecticut certified a class in a class-action lawsuit: all Medicare recipients who've been hospitalized and received observation services as outpatients since January 1, 2009.

    That means hundreds of thousands of people...will be eligible to join the suit against the Centers for Medicare and Medicaid Services, with a trial expected next year. If the plaintiffs prevail, they'll be able to appeal their observation-outpatient stays.

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    Why does the classification matter? Outpatients can face higher payments for drugs and coinsurance, but the big-ticket item is nursing home care.

    After a hospital discharge, Medicare pays the full cost of skilled nursing for the first 20 days, and most costs up to 100 days -- but only for patients who've spent three consecutive days as inpatients. Without three inpatient days, patients are on their own.

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    Read more...

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    Investigators working with Mueller and Schneiderman have shared evidence, according to Politico, which based its story on information from anonymous sources. The Washington Post also confirmed the report.

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