Monday, September 30, 2013
Competitive Branding and Website Development for Lawyers
Jeff Lantz is the founder and CEO of Esquire Interactive. His company is an attorney-run marketing firm that specializes in website development, Internet marketing, and branding for law firms and attorneys. Lantz was a practicing attorney for more than 12 years before he delved into Internet marketing. He has authored two books: The Essential Attorney Handbook for Internet Marketing, Search Engine Optimization, and Website Development Management, referred to as “The bible for building law firm websites,” by host Alexander, and Internet Branding for Lawyers: Building the Client-Centered Website published by the ABA Law Practice Management Section.
Tune in to hear from the author of Internet Branding for Lawyers on the basics of branding, website development, and marketing for attorneys.
You Don’t Find Kohl’s Exciting?
Truth be told, The Juice isn’t a Kohl’s guy either. But some people get really excited about shopping there …
A man from Oconomowoc, accused of fondling himself in a department store, was charged Monday with one count of Lewd and Lascivious Behavior.
According to the criminal complaint, Daniel Wagner, 38, was seen masturbating in a Kohl’s Department store on St. Paul Ave. in April.
Wagner was also charged with Disorderly Conduct. If convicted, he faces up to a year in prison.
(The above is from a report by Wisconsin station TMJ4 at todaystmj4.com.)
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/STm7nmKCWDE/post_780.html
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Michigan Treasury Department rules same-sex spouses must file separate tax returns
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2013's Trade Show Tech Trends
Bay and Ambrogi discuss the legal tech trends they’ve seen at Legal Tech NY and the ABA Tech Show, such as the rise of practice management software in the cloud, what working in the cloud means for client data security, economization through technology, and more.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2013/04/2013s-trade-show-tech-trends-2/
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Kids’ Chance: Helping Children of Injured Workers
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The Firm Leader – Mastering Difficult Conversations
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Is Your Food Safe?
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/is-your-food-safe/
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A Look Ahead: Hiring and Compensation Trends for 2013
Source: http://www.roberthalflegal.com/podcasts
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Sunday, September 29, 2013
Scary Tech: Lessons from ABA TECHSHOW 2013
Ben Schorr has been a technical consultant for businesses for two decades. Microsoft named him Most Valuable Professional (MVP) for both their Outlook product group and their OneNote product group. He was recently named by the Pacific Technology Foundation as one of the Top 50 Technology Leaders in Hawaii, where he is CEO of Roland Schorr, an IT management and support company.
This episode will help you understand how to connect to the Internet securely when you are out of the office, to create secure passwords for your devices, to keep your security patches up-to-date, to backup and do test restores of your data, and more.
Source: http://legaltalknetwork.com/podcasts/digital-detectives/2013/04/scary-tech/
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College Newspaper Alcohol Ad Ban Deemed Unconstitutional
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202620789397&rss=rss_nlj
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Maritime Injuries and Structured Settlements
NSA Reportedly Uses Data To Chart Americans' Social Ties
The National Security Agency's effort to find connections between suspects has led the agency to collate reams of phone and e-mail data with information from sources that include GPS data and Facebook, according to The New York Times. The newspaper cites documents provided by former NSA contract worker Edward Snowden.
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DOMA down, but why?
The 1st Circuit today held that the Defense of Marriage Act's denial of federal benefits to married same-sex couples is unconstitutional. Massachusetts v. US Department of Health and Human Services (1st Cir 05/31/2012).
The federal Defense of Marriage Act (DOMA) Section 3 prevents same-sex married couples from filing joint tax returns, prevent a surviving spouse from collecting Social Security survivor benefits, and prevents federal employees from sharing medical benefits with same-sex spouses.
The trial court held that DOMA Section 3 is unconstitutional; the 1st Circuit affirmed.
The court's decision surveys equal protection and federalism issues and concludes that "governing precedents under both heads combine - not to create some new category of 'heightened scrutiny,' ..., but rather to require a closer than usual review based in part on discrepant impact among married couples and in part on the importance of state interests in regulating marriage."
Thus the court gave less deference to, and "closer scrutiny of government action touching upon minority group interests and of federal action in areas of traditional state concern."
The court concluded that denial of federal benefits to same-sex married couples "has not been adequately supported by any permissible federal interest."
The court stayed its mandate, thus extending the trial court's stay, in anticipation of the losing parties seeking certiorari in the US Supreme Court.
My view:
This is a decision, purportedly based on the US Constitution, that essentially avoids making an explicit connection to the text of the Constitution.
The idea is that states regulate marriage, the federal government may have something to say in this regard, but the reasons behind the federal government's actions didn't have enough oomph. No, there's no 10th amendment violation, and no violation of the Spending Clause. And no, there's no "strict scrutiny" going on. And no "new category of 'heightened scrutiny.'" But wait, let's give the legislation "closer scrutiny."
I'm no fan of DOMA, but it's not really clear to me what this court is doing.
[By the way, similar DOMA issues are pending in the 9th Circuit.]
Source: http://www.lawmemo.com/blog/2012/05/doma_down_but_w.html
Evaluating and Negotiating Workers’ Compensation Claims
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Sekisui Am. Corp v. Hart: Federal Rule Makers, Take Note
• Adam Losey is the president and editor-in-chief of IT-Lex, a non-profit organization dedicated to educational, literary, and scientific advancement in the field of technology law. He has taught e-discovery as part of Columbia's Information and Digital Resource Management Master's Program. Losey is a member of the New York, Florida, and District of Columbia bars.
• Catherine Losey is currently a litigation attorney for Akerman law firm. She has a diverse practice in state and federal court that includes litigating commercial disputes, labor and employment matters, family and probate matters, and ERISA cases. In October she will join Littler Mendelson’s e-discovery practice group.
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Controlling Costs Related to a Settlement
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Saturday, September 28, 2013
The Legal Toolkit is Back
Source: http://legaltalknetwork.com/podcasts/2013/03/the-legal-toolkit-is-back/
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Hot Coffee and our Civil Justice System
Source: http://legaltalknetwork.com/podcasts/ringler-radio/2012/09/hot-coffee-and-our-civil-justice-system/
Transgender Family Law in the Courts
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/transgender-family-law-in-the-courts/
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Lawyer2Lawyer 7th Anniversary
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/lawyer2lawyer-7th-anniversary/
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Calif. AG's Concession of Error Leaves a Sting
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Calif. AG's Concession of Error Leaves a Sting
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DOMA down, but why?
The 1st Circuit today held that the Defense of Marriage Act's denial of federal benefits to married same-sex couples is unconstitutional. Massachusetts v. US Department of Health and Human Services (1st Cir 05/31/2012).
The federal Defense of Marriage Act (DOMA) Section 3 prevents same-sex married couples from filing joint tax returns, prevent a surviving spouse from collecting Social Security survivor benefits, and prevents federal employees from sharing medical benefits with same-sex spouses.
The trial court held that DOMA Section 3 is unconstitutional; the 1st Circuit affirmed.
The court's decision surveys equal protection and federalism issues and concludes that "governing precedents under both heads combine - not to create some new category of 'heightened scrutiny,' ..., but rather to require a closer than usual review based in part on discrepant impact among married couples and in part on the importance of state interests in regulating marriage."
Thus the court gave less deference to, and "closer scrutiny of government action touching upon minority group interests and of federal action in areas of traditional state concern."
The court concluded that denial of federal benefits to same-sex married couples "has not been adequately supported by any permissible federal interest."
The court stayed its mandate, thus extending the trial court's stay, in anticipation of the losing parties seeking certiorari in the US Supreme Court.
My view:
This is a decision, purportedly based on the US Constitution, that essentially avoids making an explicit connection to the text of the Constitution.
The idea is that states regulate marriage, the federal government may have something to say in this regard, but the reasons behind the federal government's actions didn't have enough oomph. No, there's no 10th amendment violation, and no violation of the Spending Clause. And no, there's no "strict scrutiny" going on. And no "new category of 'heightened scrutiny.'" But wait, let's give the legislation "closer scrutiny."
I'm no fan of DOMA, but it's not really clear to me what this court is doing.
[By the way, similar DOMA issues are pending in the 9th Circuit.]
Source: http://www.lawmemo.com/blog/2012/05/doma_down_but_w.html
Lawyer2Lawyer: A Retrospective
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/10/lawyer2lawyer-a-retrospective/
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Friday, September 27, 2013
Obligations to Clients in Settlement Negotiations
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Nacchio: ‘It’s Life on Mars’
Source: http://blogs.wsj.com/law/2013/09/27/nacchio-its-life-on-mars/?mod=WSJBlog
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Paralegals Are Key in Witness Preparation
On this edition of The Paralegal Voice host Vicki Voisin talks with James about her career in witness preparation and the importance of paralegals in her work. James stresses that paralegals are the key to getting to know witnesses, the first step to making them feel comfortable with their role in the case. She also provides tips for witness preparation such as practicing on camera, the importance of appearance and wardrobe, and more.
There is also a surprise interview at the end of the show where listeners can get to know Jericka Lyon, fellow paralegal and winner of a trip to Los Angeles and tickets to the Dancing With the Stars Finale through the Legal Talk Network giveaway!
Special thanks to our sponsor, National Association of Legal Assistants (NALA).
Controlling Costs Related to a Settlement
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No district court jurisdiction for federal employee challenging adverse employment action (6-3)
The US Supreme Court held this morning that the Civil Service Reform Act (CSRA) precludes district court jurisdiction over Elgin's claim that his removal from federal service was based on an unconstitutional statute. The procedural route prescribed by the CSRA is by appeal to the Merit Systems Protection Board (MSPB) and, if dissatisfied with the result, appeal to the Federal Circuit, whose decisions in turn are reviewable by the Supreme Court.
Elgin v. Dept of Treasury (US Supreme Ct 06/11/2012)
A federal statute bars employment in the executive branch of male citizens who failed to register for the draft. Elgin, who had been discharged from his job, first challenged the decision before the MSPB - arguing that the statutory bar was unconstitutional - but an ALJ dismissed his case on the ground that the MSPB lacked authority to review the constitutionality of a federal statute. Rather than appealing from that decision, Elgin sued in federal district court.
The US Supreme Court held that the district court lacked jurisdiction because it is "fairly discernable" from the CSRA's text, structure, and purpose that Congress precluded district court jurisdiction over Elgin's claims. Based on CSRA's text and structure, there is no exception for constitutional challenges to federal statutes. If the MSPB lacks power to hear such claims, they can be meaningfully addressed by the Federal Circuit.
The DISSENT argued that Elgin's "constitutional claims are a far cry from the type of claim that Congress intended to channel through the [MSPB]."
Source: http://www.lawmemo.com/blog/2012/06/no_district_cou.html
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AGs Press for E-Cig Regs; Hughes Confirmed; ‘Invisible Man’ Ban
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2013 Legal-Tech Surveys Say . . .
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/09/2013-legal-tech-surveys-say
BU School of Law’s Semester-in-Practice Program
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Thursday, September 26, 2013
IRS Dispute With Tax Preparers Is Horse of a Different Color
Building a bike, made in America
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/TgeaeCZ63m0/
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2013's Trade Show Tech Trends
Bay and Ambrogi discuss the legal tech trends they’ve seen at Legal Tech NY and the ABA Tech Show, such as the rise of practice management software in the cloud, what working in the cloud means for client data security, economization through technology, and more.
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2013/04/2013s-trade-show-tech-trends-2/
Pricing Practices for Attorneys
Toby Brown is a former director of the Utah State Bar and currently the Director of Strategic Pricing & Analytics for Akin Gump, a top 50 AmLaw law firm.
Toby is at the forefront of developing alternative fees — helping his firm set prices — so that the client and law firm are mutually benefited and act as "partners." Toby has a great combination of executive level skills in the areas of technology, law and economics.
30 minutes 7 seconds
6.89 MB
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/BOzIksouS70/
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Back to School Spotlight on Law Students
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2013 Legal-Tech Surveys Say . . .
Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2013/09/2013-legal-tech-surveys-say
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Lincoln's religion
Abraham Lincoln, born in February, said: "When I do good, I feel good; when I do bad, I feel bad. And that is my religion." How simple and eloquent.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/-otkRtiwTII/
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Wednesday, September 25, 2013
Justice Department on Libor Investigations: 'We're Not Done'
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It's not rocket science
Some law firms are late to the starting gate. Some firms continue to hang on to the "old ways" of running their practice. There are only a few alternative paths: Hang on with the old and wait for the world to catch up, or change as the world changes, making the tough decisions on a current basis.
In recent days, there have been several articles about large law firms cutting equity partners and staff in order to bring their financial affairs into focus. The reality is that they have found that the "eat what you kill" mentality works only so long before dissension and dissatisfaction sets in amongst the rank and file. Becoming more collaborative, cross selling the expertise of the firm and its individual members can create greater firm revenue. And paraphrasing former Pres. Kennedy, as the ocean rises, so do all the ships in the ocean.
In addition, the firms must identify their strengths and play to them. There are very few organizations that can be "all things to all people." With limited resources available, it is important to husband those resources and expend them in a focused manner for greatest benefit to the firm and its clients. Knowing who you are and what you want to be is essential to one's success.
The catalyst to change is often money. With a cushion from past successes, there is little motive to change. When a cushion narrows or evaporates entirely, and when collections become an issue because clients with their own financial problems fail to pay your legal billings, motivation to review your operations and make appropriate changes rises to the surface.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/ng9Vr5Wocmw/
Back to School Spotlight on Law Students
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The BP Oil Spill Case and Large Volume E-Discovery
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DOMA down, but why?
The 1st Circuit today held that the Defense of Marriage Act's denial of federal benefits to married same-sex couples is unconstitutional. Massachusetts v. US Department of Health and Human Services (1st Cir 05/31/2012).
The federal Defense of Marriage Act (DOMA) Section 3 prevents same-sex married couples from filing joint tax returns, prevent a surviving spouse from collecting Social Security survivor benefits, and prevents federal employees from sharing medical benefits with same-sex spouses.
The trial court held that DOMA Section 3 is unconstitutional; the 1st Circuit affirmed.
The court's decision surveys equal protection and federalism issues and concludes that "governing precedents under both heads combine - not to create some new category of 'heightened scrutiny,' ..., but rather to require a closer than usual review based in part on discrepant impact among married couples and in part on the importance of state interests in regulating marriage."
Thus the court gave less deference to, and "closer scrutiny of government action touching upon minority group interests and of federal action in areas of traditional state concern."
The court concluded that denial of federal benefits to same-sex married couples "has not been adequately supported by any permissible federal interest."
The court stayed its mandate, thus extending the trial court's stay, in anticipation of the losing parties seeking certiorari in the US Supreme Court.
My view:
This is a decision, purportedly based on the US Constitution, that essentially avoids making an explicit connection to the text of the Constitution.
The idea is that states regulate marriage, the federal government may have something to say in this regard, but the reasons behind the federal government's actions didn't have enough oomph. No, there's no 10th amendment violation, and no violation of the Spending Clause. And no, there's no "strict scrutiny" going on. And no "new category of 'heightened scrutiny.'" But wait, let's give the legislation "closer scrutiny."
I'm no fan of DOMA, but it's not really clear to me what this court is doing.
[By the way, similar DOMA issues are pending in the 9th Circuit.]
Source: http://www.lawmemo.com/blog/2012/05/doma_down_but_w.html
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Secure Your Legal Data in the Cloud
Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/07/secure-your-legal-data-in-the-cloud/
A Really Strange Way To Sneak Into A Country
Let's say you really want to emigrate to Canada. How far would you go? These folks took it to another level. You won't believe the disguises they used. To see for yourself, and read more, click here.
Source: http://rss.justia.com/~r/LegalJuiceCom/~3/uNzCJ-SrWgs/a_really_strange_way_to_sneak_1.html
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Decision Tree Tools for Litigators
Hear our subject matter experts discuss how to:
Maximize the efficiency of the dispute management process and the involvement of outside counsel
Better quantify, predict, and control litigation exposures and cost
More effectively communicate case risk and strategy to senior management
Source: http://legaltalknetwork.com/podcasts/tech-experts/2013/05/decision-tree-tools-for-litigators
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Tuesday, September 24, 2013
Highlights from the 2013 Georgetown E-Discovery Training
O’Connor is a senior consultant for Gallivan, Gallivan & O'Melia, creators of the Digital WarRoom e-discovery software. He is co-author of the book E-Discovery for Small Cases: Managing Digital Evidence and ESI. The book was noted by PRWeb as the first book to “mainstream” e-discovery for all cases. He is a frequent author and speaker on legal technology and dedicates his work to making advances in the field.
If you couldn’t make it, here’s your chance to learn about the conference: who was there, what they learned, and the plans for next year.
Thanks to our sponsor, Digital WarRoom.
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It Happened to NASDAQ - What If It Happened to You?
On Thursday, August 22, the NASDAQ, one of the largest financial exchanges in the world, failed. It had no backup, and was down for more than three hours. The financial impact had to be in the billions of dollars.
Even as big as NASDAQ is, even though they have a pivotal role in the global economy, they failed to have a plan for disaster recovery. How and why they recovered is still, at this writing, a mystery. The fact that they did recover is remarkable. Even more remarkable is the fact that it has happened to them before. According to an article in The New York Times, the exchange has been shut down twice before when squirrels chewed through power lines, and as recently as 2011 hackers breached its computer system.
If it happened to NASDAQ, it can happen to your law firm. As I’ve written many times before, “disaster” for a law firm is not a question of if, but rather of when. The only unknowns are what the type of disaster, when it will occur and how bad it will be. NASDAQ was out of commission for three hours. A burst water pipe, a fire, a natural disaster, a computer meltdown could put a law firm out of commission for three weeks, or three months.
NASDAQ had no backup. How about your firm? The issue isn’t just backing up data files, although that is important. Do you have disaster recovery backups like these?
· An internal emergency communication system for lawyers, staff, clients, vendors, and the court, incorporating recorded hotline messages and out of area contact points.
· A plan for temporary office space that will accommodate furnishings, computers and phones.
· A referral arrangement with another firm that will allow you to carry on key practice matters by requesting a continuance or rescheduling a deposition.
· A solid relationship with your banker so you can get an emergency loan.
· An employee assistance fund to help tide staff over in the event there are no ready funds to pay them.
If you don’t, start planning to put them in place now. If disaster happened to NASDAQ, it can happen to you.
Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/NeP7AOit2ik/
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Zimmerman: No Appeal From The Court of Public Opinion (Update)
Almost no criminal lawyer, prosecution or defense, saw a second degree murder conviction coming. Education and experience condemns us to view evidence and law with detached logic, so there is no emotionalism, no reliance on "common sense," to fudge the proof.
While juries regularly reach verdicts that bear little relation to the facts, evidence and applicable law, mostly because it's a deeply flawed system, that didn't happen here. The best discussion of what happened that has been produced thus far comes from the Unwashed Advocate, Eric Mayer, who succinctly lays it out.
Acquittal was the right verdict in this case, no matter how much you feel Zimmerman acted out of prejudice, or how terrible it is that a young man was killed.
But the court of public opinion rendered its opinion on twitter following the verdict. For those who embrace the "wisdom of crowds," consider its holding:
1. Trayvon Martin's family should appeal the verdict, up to the Supreme Court if necessary.
2. On appeal, they can make George Zimmerman testify.
3. Then, George Zimmerman will be convicted because a young man is dead.
It's not that people intentionally determined that the Constitution should be ignored. It's that the crowds have no clue. Maybe they slept through civics class. Maybe they don't remember. Maybe they don't care. But less than ten days after we celebrated the independence of this nation, the court of public opinion has decided they don't like them.
There will be no appeal because of the double jeopardy clause, which precludes it. Zimmerman did not have to testify, and will never have to testify in a criminal prosecution, because he has the right not to testify. And most sadly, the fact that a young man is dead does not compel the conclusion that someone be convicted of a crime.
So much for the adoration of crowdsourcing, or the desiderata that the public can be entrusted with the handling of the law. In the court of public opinion, assumption runs rampant, as people get their own "feel" for right and wrong, and then become so entrenched in their own bias that they refuse to consider the hard details of evidence and proof. People need no trial to tell them what happened. They hear a story and whatever gut reaction they have to it becomes their reality.
As it turns out, much of what was told about the death of Trayvon Martin is either false or mired in mystery. When left with the proposition that we will never know what "really" happened, the significance is that the prosecution then lacks evidence to prove its case. But Trayvon is dead, so it's unfair since he can't tell his side of the story? True, but that doesn't change the requirement that a defendant be proven guilty. The rule is not proof if its available, assumption if it's not. Except in the court of public opinion.
Is there nothing left to do? There is the possibility of a civil suit for wrongful death by Trayvon Martin's family, just as Nicole Brown Simpson's family sued O.J. The standard of proof is lower, "preponderance of the evidence" rather than "beyond a reasonable doubt," but the outcome will be money damages at worst, not conviction of a crime and imprisonment.
There is also the possibility of a prosecution in federal court for violating Trayvon Martin's civil right to live by shooting him, under the dreaded dual sovereignty that allows the feds a shot if the state fails to convict. That's what happened to LAPD Sgt. Stacey Koon in the Rodney King beating.
Will either of these happen? Time will tell. The former seems far more likely than the latter, but Trayvon's family may be more legally sophisticated by this point, such that they realize the difficulty that exists with providing evidence to prove their claim. It's not that they can't believe, but they can't prove.
As show trials go, this one has generated plenty of fodder for television heads to fill the empty minutes between commercials. But it has also shown that the court of public opinion can't be trusted. Americans still don't understand their own system. They don't get that the rights they want for themselves have to be given to people they despise as well. They refuse to accept that someone they feel with absolute certainty is guilty can be properly acquitted.
Did George Zimmerman have hate in his heart? Who knows. I don't. Neither do you, no matter how strongly you believe you do. But he wasn't proven to have killed Trayvon Martin because of his ill will toward a young black man, and when that happens under our system, acquittal must follow. Yet the court of public opinion refused to accept the verdict, instead pushing its million member jury deeper into ignorance.
There is one truth that neither conviction nor acquittal can change:
A young man named Trayvon died. He didn’t need to die. That is both tragic and sad.And there is another truth that twitter cannot change. For all the vast information that has become available to us by virtue of the internet, there is no wisdom of the crowds.
Update: Already this morning, television news has broadcast the twits of New York City politicians and candidates following the verdict. They have the potential to enlighten, to calm, to inform. Instead, they are pandering and inflaming the passions and ignorance of the public, playing the confirmation bias card.
Whether they too lack a working grasp of our legal system, or know better and just don't care, is unclear. Either way, a million people could end the day stupider than it began. Is it worth a vote? Don't answer.
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