One of the benefits of working at a law school is getting access to WestLaw and Lexis databases. These Goliaths of the database world aim to own and index everything legal. They do this in a number of ways but one in particular has always galled me. Through various models they support publishing reporters and other forums for publishing decisions in state and federal cases. In turn they get to keep the information behind firewalls that keep non-paying customers out and make many important legal documents unavailable to lay persons and those with a casual interest in studying the law who are not members of the esteemed profession.

Nevada for example publishes advance decisions on it's website but only for 90-days and they are not documents of record. The site notes "this information is prepared as an informational service only and should not be relied upon as an official record of action. For official records, please refer to the printed version of the appropriate official publication which may be obtained from the Clerk of the Supreme Court of Nevada." Amazingly the site doesn't even link to the page for ordering Nevada Reports which is the official record cryptically mentioned on the advance decisions page.

Throughout my decades of being a student of public education I have been taught that ignorance of the law is not a defense. It seems even some attorneys don't get it. Though I am not a legal scholar or expert in any way the logic of Russo & Hale's motion in a case against a former client is simply baffling. Perhaps the firm should change it's name to Bottom & Quince. Though it is hard to imagine even Shakespeare's most comical players playing this skit.

This drubbing of a customer makes me think of an experience we had a few days ago. We went to a nice, expensive restaurant for dinner. It was not as good as it had been about a year ago when we were last there but it was still good and fun. The trouble started for us when we ordered desert, the chocolate course. We each asked for coffee and placed the order. And we waited. And waited. And continued to wait. Finally a manager shows up, slings the chocolate on the table, drops off the fruit plates and says "is there anything else you need". We asked for the coffees we had ordered. It is then that the manager tells us that our server got a big table. At this point I'm thinking "here's a manager that doesn't get customer service".

The National Council of State Legislatures has a list of some of the new laws that become effective January 1, 2007. Several states will see increases in minimum wages, some will have new criminal penalties on the books and others will have new health care law. The list does not include states like Nevada where laws enacted in the last election are already in effect.

There are many cases where new evidence has led to overturning convictions of those on death row. Now a panel of fire investigators commissioned by the Innocence Project finds:

Faulty evidence masquerading as science sent two men to death row for arson in Texas and led to the execution of one of them. -- New York Times

The report is critical of the lack of training for arson investigators and says:

There is no crime other than homicide by arson for which a person can be sent to death row based on the unsupported opinion of someone who received all of his training “on the job.”

The report is a disturbing read at best. Throughout are examples of places where experts are testifying that they know arson when they see it. On that basis a man was executed and another lost 17 years of his life to death row.