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The Astounding Growth of Big Tech and the Lack of Enforcement of Intellectual Property, Antitrust, and Contract Laws
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Violent Videos: Criminal Defense in a Digital Age
Get PDFDigital video evidence has exploded into criminal practice with far-reaching consequences for criminal defendants, their attorneys, and the criminal legal system as a whole. Defense attorneys now receive police body-worn camera footage, surveillance video footage, and cell phone video footage in discovery in even the most routine criminal cases. This Article explores the impact on defense attorneys of reviewing this avalanche of digital evidence. The author posits that the outsized role of digital evidence in criminal cases is taking a toll on defense attorneys in general—and public defenders in particular—resulting in increased burnout and secondary trauma.
This Article includes results from a recent survey by the author that indicate that public defenders are increasingly exposed to disturbing digital content—videos capturing violence by clients, police, and others. The survey further suggests that these images are impactful, increasing the emotional workload of defense attorneys and exacerbating burnout. Videos with violent or emotional content can also strain the attorney–client relationship by collapsing the distance between attorney, client, and crime. Implicit racial bias can also color what we see when viewing violent videos. These trends raise new concerns about defense attorneys’ abilities to advocate zealously for their clients and meet constitutional standards, particularly for public defenders whose caseloads require more frequent interaction with digital video evidence and whose day-to-day practices have been reshaped dramatically by its presence. Finally, this Article suggests strategies to address the added toll of digital content on defense attorneys to ensure that defendants receive effective representation in the digital age
Pre-Employment Personality Tests, Algorithmic Bias, and the Americans With Disabilities Act
No full textRecent Developments in Federal Income Taxation: The Year 2020
No full textThis Article summarizes and provides context to understand the most important developments in federal income taxation for the year 2020. The items discussed primarily consist of the following: (1) significant amendments to the Internal Revenue Code; (2) important judicial decisions; and (3) noteworthy administrative rulings and regulations promulgated by the Treasury Department and the Service. This Article primarily focuses on subjects of broad general interest--tax accounting rules, determination of gross income, allowable deductions, treatment of capital gains and losses, corporate and partnership taxation, exempt organizations, and procedure and penalties. This Article generally does not address items relating to federal estate and gift taxation, income taxation of trusts and estates, qualified pension and profit-sharing plans, international taxation, or specialized industries such as banking, insurance, and financial services
Grady Redevelopment LLC, et al., v. The Housing Authority of the City of Atlanta, Georgia Order on Plaintiffs\u27 and AH\u27s Cross-Motions
Get PDFThomas Collentine, Jr., et al., Order Granting In Part and Denying in Part Merrill Lynch\u27s Evidentiary Application for Attorney\u27s Fees
Get PDFWills, Trusts, Guardianships, and Fiduciary Administration (2020-2021 Developments)
No full textThis Article discusses significant cases decided by the Georgia Court of Appeals during the period of June 1, 2020, through May 31, 2021, pertaining to Georgia fiduciary law, guardianship, and estate planning. This Article also describes the highlights of legislation contained in a comprehensive bill that revised and clarified the laws relating to wills, trusts, and the administration of estates and that became effective January 1, 2021
Model Rule of Professional Conduct 1.14 and Clients With Diminished Capacity
No full textAn appointment has been made for Elaine Parham to discuss with you some matters relating to her personal estate planning and the family business of which she is the founder. The appointment was made by her son, Lewis. You assisted Elaine in her estate planning two years ago but have not seen her since then. When Elaine arrives at your office, she is accompanied by Lewis and she insists that he join in your meeting. Elaine is nicely dressed but appears to be somewhat frail physically. She also appears to be very agitated, a condition that you had not noticed when you originally met with her. Elaine frequently looks to Lewis to help her remember details and explain the reasons why she has contacted you. You do not recall that she was this forgetful when you initially worked with her. You know from your past interactions that Ellen and her husband founded a company several years ago, Parham Oil Company, Inc., that sells fuel oil and propane for home-heating units. After her husband\u27s death, Ellen became the sole owner of the business and, over time, has gifted shares of stock to her three children, including Lewis. She currently retains 40% of the stock and each child owns 20% of the stock. Ellen tells you that she wants to transfer a portion of her stock to a trust to care for her two prize Persian cats, Lola and Brigitte. Lewis, of course, will be the trustee. Ellen also tells you that, due to current physical ailments, she does not plan to attend the upcoming shareholder meeting and she would like you to prepare a proxy to allow Lewis to vote her shares
