(Editor’s note: February is Black History Month, and the struggle for civil rights is a big part of that history.  Throughout the month of February, we’ll be looking at contemporary civil rights disputes, especially legal ones.) For the first week’s post on Texas’s redistricting lawsuit,  click here . For the second week’s post on Shelby County, Alabama’s constitutional challenge to [...]

220 Internal Revenue 220XIV Taxes on Specific Articles and Transactions 220XIV(B) Manufacturers’ and Producers’ Excise Taxes 220k4335 k. Sporting Goods. Cheese was not subject to manufacturer’s excise tax imposed on “artificial lures, baits, and flies,” merely because manufacturer, after discovering that fishermen were buying cheese not to eat, but to use as bait, relabeled cheese as fish bait. Nelson Ricks Creamery [...]

WestlawNext provides legal insight of myriad types among its comprehensive content, so last week I took the suggestion of a customer who Tweeted, “If I was 10, I’d spend hours ‘Nexting’ all sorts of interesting legal terms.” (read the results of my Nexting inquiry into President Lincoln ).  Here are some interesting results that the WestSearch engine returned [...]

USAA Cas. Ins. Co. v. JGC Painting Corp. (Minn.Dist.Ct.) House fire sparks $1M award   2011 WL 6175736 Verdict Summary   2010 WL 7967265 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 [...]

248 Malicious Mischief 248k6 Evidence 248k9 k. Weight and Sufficiency. Evidence in record showing that defendants intended to blow off head and arm of Statue of Liberty, and that they imported 30 sticks of dynamite for that purpose, would clearly support an inference by jury that they contemplated damage in excess of $100. United States v. Bowe, 360 F.2d 1 [...]

We’re starting 2012 with six of our customers’ favorite tips from 2011. Here’s this week’s “top tip” … Folder sharing has evolved to the next level! First, WestlawNext ® increased your productivity and efficiency by helping you share your research within your organization. Now, you can share folders outside your organization and tap into the collective knowledge [...]

110 Criminal Law 110XVII Evidence 110XVII(A) Judicial Notice 110k304 Judicial Notice 110k304(2) k. Historical Facts and Matters of Common Knowledge or Belief. It is matter of common knowledge that moth balls are frequently used to counteract aroma given off by marihuana. Romero v. United States, 318 F.2d 530 (5th Cir. 1963) Suggested by Andrew Collinson, Attorney; Trenam Kemker; St. Petersburg, FL [...]

An amusing customer Tweet has stuck with me:  “If I was 10, I’d spend hours ‘Nexting’ all sorts of interesting legal terms.” With Presidents’ Day coming up, I thought I’d try “Nexting” our two presidential birthday honorees.  With the most comprehensive collection of case law and other legal sources at my fingertips, and the WestSearch engine in gear, here are [...]

Every ten years, when new census population data is released, each state is required to redraw its U.S. Congressional districts so that they are approximately equal in population. As has been discussed earlier this month, this process causes quite a headache in many circumstances, particularly in regard to “covered jurisdictions” (primarily Southern states) under Section 5 of the Voting [...]

405 Water Law 405XV Navigable Waters 405XV(A) In General 405k2516 Navigability in General 405k2520 k. Test of Navigability in General. “Navigable rivers” are “rivers” which are in fact capable of being navigated. State v. W. Tennessee Land Co., 730 A.2d 759 (Md. Ct. Spec. App. 1999) Suggested by Stephanie Myers, Paralegal Student; Capital Law School; Columbus, OH [...]

September 30-October 3, 2012 Orlando World Center Marriott Orlando, FL It seems like the 2011 ACC Annual Meeting in Denver was just yesterday. I can still remember the weather, one day it was 80 degrees and the next we were battling a snow storm trying to fly home.  All of which was captured in a blog post, Top Ten [...]

What are the practical limits of secrecy in the digital age? Some of those limits are starkly illustrated by a recent initiative undertaken by the American Civil Liberties Union. The ACLU submitted a Freedom of Information Act request to the United States Department of State which was designed to test the boundaries of federal government claims [...]

With the 2012 election season starting, we’ll likely be bombarded with political ads. In fact, with the 2012 Republican presidential primaries being one of the more competitive in recent history, many of you have probably already had your fill of political ads, especially if you live in a state with one of the earlier primaries. A good [...]

307A Pretrial Procedure 307AII Depositions and Discovery 307AII(C) Discovery Depositions 307AII(C)2 Proceedings 307Ak131 Protective Orders Before Examination 307Ak134 k. Payment of Expenses. Defense counsel’s reference to plaintiff’s counsel as “babe” during deposition in tort action constituted gender bias warranting protective order and award of attorney fees as discovery sanction. Mullaney v. Aude, 730 A.2d 759 (Md. Ct. Spec. App. 1999) Suggested by Krys Burgess, [...]

When I studied painting, I practiced all manner of skill-sharpening exercises: drawing with my recessive hand, writing backwards with my dominant hand, and completing a piece beginning-to-end with one line (without lifting the pen from the page).  Results were acceptable.  But it’s just awkward. So it must be for transactional attorneys who find themselves using software, [...]

(Editor’s note: February is Black History Month, and the struggle for civil rights is a big part of that history.  Throughout the month of February, we’ll be looking at contemporary civil rights disputes, especially legal ones.) For the first week’s post on Texas’s redistricting lawsuit,  click here . For the second week’s post on Shelby County, Alabama’s constitutional challenge to [...]

Andrew J. McClurg holds the Herbert Herff Chair of Excellence in Law at the University of Memphis. He recently answered some questions about his latest book, The Companion Text to Law School: Understanding and Surviving Life With a Law Student . What prompted you to write The Companion Text ? I wrote the book to prepare parents, partners and other loved ones [...]

106 Courts 106VII Concurrent and Conflicting Jurisdiction 106VII(C) Courts of Different States or Countries 106k511 k. Comity Between Courts of Different States. The doctrine of comity does not stand boldly in the armor of unyielding obedience but is rather arrayed in the vestments of persuasion. Rouse v. Texas Capital Bank, N.A., 2011 WL 5975235 (Tex. App. Nov. 30, 2011) Suggested by Valerie [...]