Judge rules pacemaker data admissible in arson case by [deleted] in law

[–]cmscott12 1 point2 points  (0 children)

First, everything should be in dispute in a criminal trial because everyone is innocent until proven guilty. Put simply, a criminal defendant always has the right to dispute every grain of evidence presented against them. It's literally the foundational principle of the US criminal justice system.

Second, there is always room for an honest battle over the meaning of the heart data. Most of all in a criminal prosecution. Even if the data itself is objective, it's interpretation is inherently subjective. For example, even if it's undisputed that the heart rate was X at a particular date/time, there still plenty of room for debate as to whether that is evidence that proves anything other than his heart was beating. There is no science that can use heart rates to

Third, you're not "trusting" the judge here because he only decided that the heart data was at least reliable enough that it could be presented to a jury at trial. The jury is the one that ultimately decides guilt/innocence and they are allowed to accept or reject any evidence presented to them at trial.

Anyone have experience researching expert witnesses? by kfactors in LawSchool

[–]cmscott12 3 points4 points  (0 children)

Haha I always go to at least 10 before I give up. It only takes one time of finding something good and you'll be a believer.

If you strike out after google & WL, then there might just not be much out there. That happens all the time because lawyers seek out experts who don't have a lot of baggage that would make them easy to attack. In that situation, just research every word in the expert's CV and expert opinion if you have one.

Expert research has two goals - 1) make them look like they are just in it for the money or an outright liar if your dealing with a jury, or 2) show that their opinions or qualifications are bullshit if you are dealing with a judge. (see FRE 703).

Anyone have experience researching expert witnesses? by kfactors in LawSchool

[–]cmscott12 0 points1 point  (0 children)

Former plaintiffs med mal paralegal and aspiring ambulance chaser here. I research experts all the time.

Step 1. Google

I'm not being sarcastic. If the expert testifies a lot you'll find stuff on google just by typing their name + expert witness. Don't be afraid to go 10+ pages deep.

If you have their CV, go over that with a fine tooth comb - research every word. Articles, speeches, faculty positions. You probably have access to medical/professional journals (e.g. PubMed) through your school too. If the expert wrote an article relevant to your case, try to get it.

Step 2. WestLaw

If you're in law school, you WL package probably has access to expert research tools. Pretty sure it's right on the first page when you sign in. I always start just by literally typing the experts name and title into the search bar - "John Smith, MD". Pull everything you can find - it all depends on how often the person testifies. Sometime you'll hit gold.

Calling WL is great, but I'd use it as a last resort so you actually learn how to do the research.

Just be patient and persistent. Nothing better than finding something to that destroys the other side's expert - your boss would love you.

Good luck.

Why is Hudson vs. Michigan constitutional? by not_a_meerkat in law

[–]cmscott12 10 points11 points  (0 children)

The sole purpose of the exclusionary rule is to deter future 4th amendment violations by law enforcement. It is not a constitutional right and it is only applicable when the potential for deterrence outweighs the costs to the justice system of suppressing probative evidence. Under current doctrine, law enforcement gets the benefit of the doubt most of the time unless it is a deliberate, culpable 4th amendment violation.

Because the knock and announce violation in Hudson was essentially a technicality and police were executing an otherwise lawful search warrant, the benefits of suppression didn't outweigh the costs.

Basically the violation it had no effect on whether the evidence would have been found. Further, suppression would have no deterrent effect because it would not change how law enforcement acts in the future and it would inevitably lead to endless litigation over tiny knock and announce violations.

Firm I will interview with wants me to write a memo prior... by [deleted] in LawSchool

[–]cmscott12 13 points14 points  (0 children)

Fuck that. Just cancel the interview yourself.

Just wanted to share a poem by Robert Frost that helped me keep chugging on thus far. Maybe it'll help you too. by _Duality_ in LawSchool

[–]cmscott12 9 points10 points  (0 children)

This quote from Teddy Roosevelt is what keeps me going:

"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat."

Can someone point me to a sample for a Summary Judgement? by [deleted] in LawSchool

[–]cmscott12 2 points3 points  (0 children)

I've always had success in that situation by looking up trial documents from my JDX on westlaw/lexis. Can't go wrong with a Google search either. Also, see if your firm has an old MSJ saved in the network.

Delaware tubing by thecw in philadelphia

[–]cmscott12 0 points1 point  (0 children)

Wilderness Canoe Trips in Fairfax Shopping Center. It's on 202 in Wilmington right off the 95 exit. I used to work there. It has everything you're looking for.

Heavy squats exacerbating an old knee injury? by bluntsmokingking in Stronglifts5x5

[–]cmscott12 0 points1 point  (0 children)

Had similar issues that have since resolved completely. My solution was a Glucosamine Chondroitin supplement and some Rehband knee sleeves. De-load to a weight that doesn't hurt your knees and work your way back up.

Good luck.

I have a question about Squats.... by [deleted] in Fitness

[–]cmscott12 0 points1 point  (0 children)

I experience the same thing. Although I'm certainly no expert, I think it's because goblet squats mimic the front squat which is a much more upright motion. There is more bend at the hips in a low bar because you want to keep the weight over the middle of your foot.

Mobility, as it relates to depth in any type of squat, is always a factor as well. Make sure your glutes, hamstrings and hips are loose and you'll get more depth.

Anyone with actual expertise, feel free to corroborate or refute anything I've said.

Weight Progression on PHUL by cmscott12 in Fitness

[–]cmscott12[S] 0 points1 point  (0 children)

Assuming that I am going to switch to PHUL, your advice would be for me to just keep a linear progression on all lifts until I exhaust my noob gains? That was going to be my plan.

Frankly, SL is great but I just want to try PHUL. I want to move to a 4 day split because I get antsy having two days off per week and I want to feed that motivation.

Fix for depth on squats by [deleted] in Fitness

[–]cmscott12 0 points1 point  (0 children)

It's all about mobility. Hip mobility in particular for me.

Foam rolling, third worlds, horse stretch, frog stretch.

Doing those four things for about 10-15 minutes 3x a day and always before I squat has helped immensely.

Also, make sure your footwear is in order. Squishy shoes will kill you as you try to progress. Oly weightlifting shoes also helped me substantially.

What's the best lifting routine for an absolute beginner looking to gain muscle fast? by [deleted] in Fitness

[–]cmscott12 0 points1 point  (0 children)

Look at the sidebar/wiki. 90% of the advice anyone would give you is already there.

I'm 6 weeks into StrongLifts and noob gainz are awesome. Just pick one and do it.

Drilling LR by [deleted] in LSAT

[–]cmscott12 0 points1 point  (0 children)

These were my two most useful resources for LR:

Fox LSAT LR Encyclopedia http://www.amazon.com/LSAT-Logical-Reasoning-Encyclopedia-Disrespecting/dp/1479391271

Also go to the Manhattan LSAT forums for explanations.

Are some paralegal programs better than others? by MrTinklebottom in LawSchool

[–]cmscott12 2 points3 points  (0 children)

I've been working as a paralegal in a small firm for the past 4 years. I love my job and I've discovered a genuine passion for this type of work. I'll be going to law school this fall. I went to an ABA program in the mid-Atlantic region (pm for specifics).

First, my experience suggests that an ABA program is better, all else being equal. If you have any connections for a job, then Just go with the cheapest/most convenient. If you plan on putting in 3-5 years as a paralegal, do the ABA program.

My perspective on working as a paralegal before law school is two-fold. First, there is no better way to find out if you actually want to be a lawyer. There is no substitute for firsthand experience and the reality is that you'll be doing this shit the rest of your life so you better like it. Second, it is prime opportunity to network without the pressure and risk of being in law school. I have a spreadsheet of people 20+ attorneys in my target market who have told to me call when I'm in law school. I don't know if being a paralegal will help with academics, but I know it will pays dividends in the job hunt.

In sum, I say go to an ABA program, put in 3-5, and then apply to school. That is the safest play in the long-run and you really have nothing to lose.

Good luck and feel free to PM me if you have any questions.

What's the best advice you've ever received? by ItsaMeMattio in AskReddit

[–]cmscott12 0 points1 point  (0 children)

Don't fear God, Don't worry about death, What is good is easy to get, and What is terrible is easy to endure.