August '07
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For Experts, Consultants & Legal Professionals Nationwide

Welcome to our 10th edition. As we never go for the obvious, it's guaranteed to be a Libby-free zone! Don't forget to send in your articles for publication - you can do so by sending them in Word or PDF format to legal@xproexperts.com. 'X-Pro News' is compiled by lawyers and is circulated to thousands of attorneys and experts every month, so it's a great marketing opportunity for experts and it's totally free. We'd also like to hear from attorneys if you have any interesting cases you'd like to share with your fellow professionals and/or expert witnesses. But even we need a vacation so there won't be a September edition as we take a well earned break! Have a great summer and we'll see you in October.

Law

  • ACLU v NSA (U.S. 6th Circuit, July 6, 2007) A divided federal appeals court rejected a legal challenge to the NSA's warrantless monitoring of electronic communications, concluding that, "attorney-plaintiffs lack standing because they have failed to present evidence that they are personally subject to the warrantless surveillance policy..."
  • Panetti v Quarterman (U.S. Supreme Court, June 28, 2007) In a 5-4 ruling, the Supreme Court holds that a mentally ill inmate on death row should have his execution halted because lower state courts should have considered his well-proven mental incapacity when sentencing him to death.
  • Morse v Frederick (U.S. Supreme Court, June 25, 2007) Another 5-4 opinion. Supreme Court justices held that a public school principal can restrict student speech at a school event, without violating students' First Amendment rights, when that speech is reasonably viewed as promoting illegal drug use.
  • Rita v United States (U.S. 4th Circuit, June 21, 2007) A court of appeals may apply a presumption of reasonableness to a district court sentence within the United States Sentencing Guidelines.
  • Brendlin v California (CA Supreme Court, June 18, 2007) When police make a traffic stop, a passenger in the car, like the driver, is seized for Fourth Amendment purposes and thus may challenge the stop's constitutionality.
  • Al-Marri v Wright (U.S. 4th Circuit, June 11, 2007) A federal appeals court has ordered the release of a Qatari-born man who has been held as an enemy combatant since President Bush designated him as such in 2003.

  • Events
    August 5 (TN): Annual Training Conference - Tennessee Chapter of the IAAI.
    August 9-14 (CA): American Bar Association Annual Meeting - Includes over 200 CLE programs, the world's largest legal EXPO, and a unique opportunity to network with lawyers and judges from around the world.
    August 18-19 (MA): Law School For Medical Experts. SEAK course described as 'lively and interactive' emphasizing not just the law, but how knowledge of the law can make experts more effective.
    Sep/Oct 07 (CA): Mock Trial: FEWA event - 6 hour participation workshop where experts learn, develop & apply basic trial skills & advanced expert techniques.
    Oct 26 (FL): Safe Florida 2007 American Society of Safety Engineers - A comprehensive one-day safety conference and exposition focussing on the construction and hospitality industries.

    Articles

  • 'Cell Site Analysis' Regular contributor Ross Patel of Afentis Forensics tells us about the growing field of cell phone forensics.
  • Human (Ir)rationality in the Investment & Insurance Arenas Expert analyst Errold F. Moody, offers an insight into how we're all, to a degree, manipulated by various commercial interests.

  • In The News

    07/17/07 (IL): Black Still In Trouble on Acquitted Charges Conrad Black may get a significantly increased sentence because of his actions stemming from charges he was actually acquitted of, experts have said.


    07/03/07 (FL): Eyewitness ID Testimony Inherently Unreliable Says Expert. Long a staple in criminal trials, the testimony of eyewitnesses in attempting to identify the person who committed a crime can be far from accurate, an expert testified recently in a 21st Judicial District Court case.


    06/23/07 (FL): Al-Qaida Expert Takes Center Stage In Padilla Trial
    A prosecution expert witness has described the origins of the organization led by Osama bin Laden and blamed for the 2001 terror attacks.


    06/22/07 (PA): Rape Expert Debate: Part 1. PA Law To Change? Most states in the U.S already allow expert evidence to be given regarding rape victim behavior. Pennsylvania is the only state that has been holding out - until now.


    06/22/07 (UK): Rape Expert Debate: Part 2. UK Law To Change? In the UK, there has been historic resistance from the judiciary to allowing expert testimony on rape victim behavior. But now, ‘new and tougher’ rape laws are on the way in defiance of the objections of judges.


    06/21/07 (MA): HR Expert Helps Plaintiff Win In Wal-Mart Discrimination Case. In an unusual, if not unprecedented move, a plaintiff was able to call an expert witness in human resource department practices to help win her case.


    06/20/07 (CA): The Bugwoman – How Entomologists Solve Crime An interesting story on how an expert on insects helped solve a recent murder case.


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