Volume 2, Number 2

May 2017: NAGTRI Journal

All the articles in a handy portable format.

Status Update on Authenticating Social Media Evidence: The Three Primary Approaches Applied Nationally

John T. Lee, Senior Assistant Attorney General and Kevin E. McReynolds, Assistant Attorney General, Colorado Attorney General's Office
This article presents a detailed overview of the current and conflicting state of the law regarding authentication standards for admitting social networking records.

Recent Powers and Duties Decisions

Emily Myers, NAAG Powers and Duties Chief Counsel and NAGTRI Program Counsel
This article reports on the latest decisions across the country affecting the powers and duties of state attorneys general.

Ethics Corner | The Interaction between Rule 3.8(d) and the Constitutional Requirements of Brady and Giglio

Judy McKee, NAGTRI Deputy Director
This is an ongoing column exploring various ethical topics relevant to attorneys general and other government attorneys. Look for the Ethics Corner in each issue of the quarterly NAGTRI Journal.

Read My Lips: No New Fees | Recognizing and Recovering "Tax" Claims in Bankruptcy Cases

Karen Cordry, NAAG Bankruptcy Chief Counsel and Mark D. Silverschotz, Co-Chair, Anderson Kill's Bankruptcy & Restructuring Practice Group
While the U.S. Supreme Court and various circuit courts have tried to provide guidance on how best to determine whether a particular obligation owed to a government entity is a "tax," "fee," "penalty," or a simple contract debt, clarity on the subject remains lacking. This article aims to offer more clarity and ensure governments that find themselves in bankruptcy cases can avoid state losses.

"First, Do No Harm": Criminal Prosecutions of Doctors for Distributing Controlled Substances Outside of Legitimate Medical Need

Judy McKee, NAGTRI Deputy Director
NAGTRI revisited a 2007 study on physicians who had been prosecuted for prescribing controlled substances. The goal of this project was to determine if there had been any shift in the numbers of prosecutions, patient addictions, or states issuing opioid prescription guidelines since the 2007 study in an effort to curb the opioid abuse epidemic across the country.

Motion to Admit Exhibit #1 Granted: NAGTRI's Evidentiary Foundations Manual

A resource for trial lawyers, this manual will equip litigators with a better understanding of the process of laying a proper and sufficient evidentiary foundation for a wide variety of forms of evidence and types of testimony.

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