Posted On: January 30, 2009

ABA: Judges' Journal Winter 2009 Issue

A Quarterly of the Judicial Division of the American Bar Association
Winter 2009. Volume 48 No. 1

Each issue of this journal contains featured articles and standing columns all of which relate in some way to a broad theme selected for that particular issue. The theme selected for this particular issue Winter 2009 is "The Art of Judging in the 21st Century". As Judge Sophia H. Hall observes in the Forword, "Judges of the twenty-first century must be ready to learn everything , in the words of H.G. Wells, 'Adapt or perish, now as ever, is Nature's inexorable imperative' ".

The Feature articles in this issue are:

In the Pursuit of Justice: Reflections on Changes in the Judicial Role after Three Decades as a State Court Judge BY Judge Sophia H. Hall
"In my thirty years on the bench I have learned that we must examine ourselves for bias so that we can act to head off charges of unfairness. We just be collaborative, bringing in those with specialized expertise to help make courts more effective. In doing so, we do justice"

An Interview With Chief Judge Judith S. Kaye BY Justice Patricia Timmons-Goodman
"With this issue, The Judges' Journal introduces a new, regularly occuring feature: an interview with an outstanding member of the judiciary. We are honored to inaugerate our new feature by interviewing New York State's chief judge, who, after twenty-five years, is bringing her illustrious judicial career to a close."

Practical Tips for New Judges Making the Transition to the Bench BY Judge Douglas S. Lavine.
"...You are presented with a rare opportunity to serve your community. However, it will take time to adjust to your new status. You will be held to higher, more exacting standards. You will find your own path--but here are some practical suggestions to help you along the way."

NeuroScience and the Law: Cutting-Edge Issues for 21st Century Judges as Gatekeepers BY Judge Stephanie Domitrovich and Dr. Mara L. Merlino.
"Newroscience promises to unlock the contents of the three-pound organ we call the brain. Has that promise been julfilled? Judges must increasingly be empowered to seek expert advice and training to help them understand the science in the 'laboratories' of their courtrooms."

Fairness and Public Confidence in Sentencing: A Novel Approach BY Stephen A. Gerst.

A Jury Reform Plot Project: The Michigan Experience BY Judge William J. Caprathe.
"A trial judge who volunteered to participate in a jury reform pilot project describes the project's most innovative measures, explains how they support meaningful juror participation, and concludes that such reform efforts can help preserve the right to a jury trial."

A Black Robe and Healing Words: Constants in a Changing World BY Sallie Thieme Sanford.

Posted On: January 30, 2009

Testing of Search Engines for Grant Project

I received the following e-mail from Scott Frey on January 29 and am posting it here for those who are interested. If you are interested please contact Scott directly as noted below:

I've received a grant from the Wolters Kluwer Law & Business Grant Program to develop a search engine for law-related public domain electronic books (http://www.aallnet.org/news/newsdisplay.asp?nid=146). As part of the project, I'm seeking law librarians and other legal researchers to provide feedback on the search engines' interfaces and results.

I envision that the initial test in April 2009 would take about 30 minutes, followed by tests of similar length in May, August, September, and potentially October. (I figure that 30 minutes would be sufficient for good testing and feedback, without impinging unduly on people's busy schedules.) I might call or email some testers for clarification or elaboration of their feedback.

If you're interested in being a tester, please contact me at sfrey@wsulaw.edu. If you doubt you'll be available during one or more of the testing times, that's okay -- even one test could be useful. This isn't a firm commitment; some testers will have to cancel, while others might sign up at the last minute or after testing has started.

Posted On: January 30, 2009

CLLB Information Security Newsletter

January 2009 Volume 2 # 1

Challenge or Secret Questions

From the Desk of David Badertscher

What are Challenge or Secret Questions?

Knowledge-based authentication or the use of “Challenge or Secret Questions” helps computer users access their accounts when they forget their password. The questions are often designed as simple, easy-to-remember “prompts” that only the authorized user should be able to answer. They are in effect a backup to your password.

While some systems allow users to create their own challenge or secret questions, most systems have pre-populated questions such as “What is your mother’s maiden name? What is the name of your first pet or car? What is your favorite color?” While these systems are a great convenience for the end user (they are not likely to forget the responses) and are efficient from the administrator’s perspective (low overhead), they are very weak from a security perspective.

What are the security concerns with using Challenge or Secret Questions?

There is a limited pool of secret questions that most Knowledge-Based Authentication systems use and many of the questions have a limited amount of potential responses, such as “What is your favorite color?” If someone researches you and discovers the answers for your questions, they could gain unauthorized access to your account.

The ability for someone to guess the response to a user’s secret question has greatly increased due to the large volume of information available on the Internet. This was demonstrated during the recent presidential campaign, when one of the candidate’s email accounts was hacked into. The attacker was able to do so by conducting a minimal amount of research about the candidate using information found on the Internet to answer the secret questions and get the password for the email account.

Users need to be aware that there is a tremendous amount of information available about them, not only through Internet search engines, but also social networking profiles and other sources.

What can be done to make Challenge or Secret Questions more secure?

As with the design of a regular password, the responses to secret questions should be something that is hard to guess, but easy to remember. Users are encouraged to not provide the technically correct response to the question. Similar to developing a strong password, the response to a secret question is in effect a password and thus should have the same protections. The use of a combination of upper and lower case letters, special characters and numbers is recommended. There are many ways to obfuscate your response. The key is to develop a methodology that is easy for you to remember but difficult for someone else, even someone you know, to guess. Some examples are:

1. Begin and/or end each response with a number, capitalize a letter a special character. For example, the response to your mother’s maiden name of “Smith” would be “44SmitH!” OR Insert a number and special character in the middle of the word. In this example the response to your mother’s maiden name of “Smith” would be “Smi44!th.”

2. Provide answers that do not correspond to the question, thus making it difficult for an attacker to correctly guess. For example, a user may use the name of a city as the response for “mother’s maiden name.”

3. Use the question itself to create an easy-to-remember passphrase. By combining the main part of the question with one of your favorite catchwords, you can create a passphrase they can remember. If the question is asking for your favorite sports team, you can combine “Sports Team” from the question and combine it with a phrase from your favorite show, such as “CSI.” Their answer is, “Sports Team CSI.”

4. Follow best practices for strong passwords when developing your responses, such as making it at least 8 characters long and using numbers, upper and lower case letters, and special characters. The answers can be different on different websites, even if the same secret question is used. Thus a hacker won’t potentially have access to other accounts if one is compromised.

5. As with passwords, do not share the responses to your Challenge or Secret Questions, or your methodology for developing them, with anyone.

It is also advised to periodically search your name in an Internet search engine so you are aware of what information about you is freely accessible on the Internet.

For additional information on Challenge or Secret Questions, please visit:

US CERT www.us-cert.gov/cas/tips/ST04-002.html

US CERT www.us-cert.gov/cas/tips/ST05-012.html

OWASP www.owasp.org/index.php/Using_Secret_Questions


For more monthly cyber security newsletter tips visit:
www.msisac.org/awareness/news/

The information provided in the Monthly Security Tips Newsletters is intended to increase the security awareness of an organization’s end users and to help them behave in a more secure manner within their work environment. While some of the tips may relate to maintaining a home computer, the increased awareness is intended to help improve the organization’s overall cyber security posture. Organizations have permission--and in fact are encouraged--to brand and redistribute this newsletter in whole for educational, non-commercial purposes.

Posted On: January 30, 2009

ABA Publication: Criminal Mental Health and Disability Law Evidence and Testimony

New: (February 2009) Criminal Mental Health and Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Criminal Justice Professionals

This Comprehensive Reference Manual examines both criminal mental health and disability discrimination law from the points of view of lawyers, judges and other professionals within the criminal justice system. The manual builds on established resources within the ABA, including the Mental & Physical Disability Law Reporter, Mental Disability Law, Evidence and Testimony and Disability Discrimination Law, Evidence and Testimony. It synthesizes the best and most recent information at the ABA on mental health and discrimination law that specifically pertains to criminal justice matters. It also references the ABA's Criminal Justice Mental Health Standards. Regular: $110; $93.50 discounted. 458 pages.

For additional information, click here.

Posted On: January 30, 2009

Billable Hours Giving Ground at Law Firms

New York Times article by Jonathan Glater, published January 30, 2009.

"Lawyers are having trouble defending the most basic yardstick of the legal profession - the billable hour..."

See article at:
http://www.nytimes.com/2009/01/30/business/30hours.html?partner=permalink&exprod=permalink

Posted On: January 29, 2009

Brief Summary of American Library Association Midwinter MARBI Meetings

George Prager, Head of Cataloging at New York University Law School Library has sent his summary of the ALA Midwinter MARBI meetings to members of the American Association of Law Libraries Technical Services Special Interest Group. With his permission I am also posting it here along with his opening comments:

COMMENTS:

I have added a brief summary of each proposal and discussion paper presented at the American Library Association Midwinter MARBI Meetings, whhich took place January 24-25, 2009. A more detailed analysis of the papers will be available in my 2008/2009 Annual report, which will appear on the TSIS Website shortly before the AALL 2009 Annual Meeting, and later in TSLL.

Several proposals and discussion papers relate to RDA. These include: Proposals No. 2009-01/1, 2009-01/2, and 2009-01/3, and Discussion papers 2009-DP01/1 and 2009-DP-01/2. Also noteworthy is DP No. 2009-DP02, Definition of field 588 for metadata control note in the MARC 21 Bibliographic Format.

SUMMARIES

Proposal No. 2009-01/1: New data elements in the MARC 21 Authority Format
http://www.loc.gov/marc/marbi/2009/2009-01-1.html

New data elements will be needed in the MARC 21 Authority format to accommodate Resource Description and Access (RDA). All the new fields have been approved for addition to the format. These include fields: 046 (Special coded dates), 621 (Associated place), 622 (Address), 623 (Field of activity), 624 (Affiliation), 625 (Occupation), 626 (Gender), 627 (Family information), and 628 (Associated language). The proposal has been amended to replace $d "Dates" in the 62x fields with $o (Start date) and $p (End date), to provide more controlled searching. Also, at the meeting it was decided to add 2 more subfields to most of the new 62X fields: subfield $u for URI, and another subfield (value as yet undetermined), for source of the information.
-------------

Proposal No. 2009-01/2: New content designation for RDA elements: Content type, Media Type, Carrier Type in the MARC 21 Formats http://www.loc.gov/marc/marbi/2009/2009-01-2.html
Three new fields have been approved: Field 336 (Content type), 337 (Media type), and 338 (Carrier type). These fields are intended to replace the General material designation (GMD), defined in AACR2, and used in Bibliographic field 245. "Content type" will be used in the MARC 21 Authority and Bibliographic formats; "Media typer" and "Carrier type" will be used only in the Bibliographic format. Also, new values for "Carrier type" were proposed and have been approved for addition to the Bibliographic 007 field; no new values were deemed necessary for Content or Media type.
----------------

Proposal No. 2009-01/3: Identifying work, expression and manifestation records in the MARC 21 Bibliographic and Authority Formats http://www.loc.gov/marc/marbi/2009/2009-01-3.html

Field "883": "Entity type" was proposed to identify FRBR type 1 entitles: Work, expression, manifestation, and item. This proposal was rejected by the MARBI Committee. A major problem is that clean mapping of FRBR levels is difficult in our current bibliographic records, most of which contain manifestation information (such as publication information) and work information (such as subject headings), and sometimes expression level information as well (such as many uniform titles).
-----------------

Proposal No. 2009-02: Definition of new codes for legal deposits in 008/07 (Method of Acquisition) in the MARC 21 Holdings Format http://www.loc.gov/marc/marbi/2009/2009-02.html
The Biblioteca Nacional de Espana has proposed new codes for legal deposit. Status: Approved as amended: Code "d" will be renamed as "Deposit (Unspecified)", and the definition will be revised. Code "l" (the letter) will be added for "Legal deposit"; Proposed Code "v" for "Depository program" will be deleted.
-----------------

Proposal No. 2009-03: Definition of field 080 in the MARC 21 Authority Format http://www.loc.gov/marc/marbi/2009/2009-03.html

The Authority Format has separate fields for many other classsification scheme numbers, all of which are also valid in the Bibliographic Format. The Biblioteca Nacional de Espana has proposed the addition of field 080, for a Universal Decimal Classification number, to be used for name, series, and subject records. This field already is used in the Bibliographic Format. Status: Approved.
-----------------

Proposal No. 2009-04: Addition of Codes for Map Projections in 008/22-23
(Maps) in the MARC 21 Bibliographic Format http://www.loc.gov/marc/marbi/2009/2009-04.html

Status: The National Library of the Czech Republic has proposed two new codes for map projections. Status: Approved.

-----------------
Proposal No. 2009-05: Adding subfield $u for Uniform Resource Identifier to field 510 (Citation/References note) of the MARC 21 Bibliographic Format http://www.loc.gov/marc/marbi/2009/2009-05.html

Status: Approved. A recommendation will be added that the URI follow immediately after the citation. Although this proposal originated from the Bibliographic Standards Committee, ALA/ACRL Rare Books and Manuscripts Section, the usage will not be restricted to rare books and mansucripts, so examples will be added for citations to other types of material.

---------------
Discussion Paper No. 2009-DP01/1: Encoding URIs for controlled values in MARC records http://www.loc.gov/marc/marbi/2009/2009-dp01-1.html

Currently, LC's Network Development and MARC Standards Office is working on a registry for controlled lists (such as the MARC Code List for Languages), and establishing URIs both for the list itself and for each value on the list. This paper proposes subfield "l" (the number "1"), for coding URIs in place of or in addition to using terms from a controlled vocabulary. This DP will be brought back as a proposal.
-----------------

Discussion Paper No. 2009-DP01/2: Relationship Designators for RDA Appendix J and K http://www.loc.gov/marc/marbi/2009/2009-dp01-2.html

Appendix J lists possible relationships between the Group 1 FRBR entities: Works, expressions, manifestations, and items. Appendix K lists the possible relationships between the Group 2 FRBR entities: Persons, families, and corporate bodies. This Discussion paper recommends that subfields $e, $4, and $u be added for use in linking entry fields of the bibliographic format. It also recommends that subfields $4 and $e be added to 5XX fields in the authority format wherever they are not yet authorized. This paper will be brought back as a proposal.
----------------

Discussion Paper No. 2009-DP02: Definition of field 588 for metadata control note in the MARC 21 Bibliographic Format http://www.loc.gov/marc/marbi/2009/2009-dp02.html

At the MARBI meeting, it was suggested that this field be modelled upon a similar field in UNIMARC, field 830, named "General Cataloguer's Note". It was also suggested that the field be renamed, narrowed in scope, and made more structured, with possibly a value added to allow suppression of the field upon a case by case basis. First indicators are being proposed for "blank": " Free text"; "0" Source of title; "1" "Description based on", and "2" "Latest issue consulted". Using these indicators for common messages of this type will minimize keying, lessen spelling errors, and provide useful information in a language neutral manner. Further feedback wil be sought from the MARC list. This paper will be brought back as a proposal.
-------------------

Discussion Paper No. 2009-DP03: Changing field 257 (Country of producing entity for archival films) of the MARC 21 Bibliographic Format to include non-archival materials http://www.loc.gov/marc/marbi/2009/2009-dp03.html

LC's current policy is that geographic subdivisions are not allowed after film genre headings (Field 655), unless the source of the term is coded in $2 as "local". As an alternative, Field 257 has been proposed, in order to bring out what country or countries a film has been produced in. This DP will be brought back as a proposal.

:

Posted On: January 29, 2009

Seeking a Consultant to Assess a Law School Library's Collection and to Develop an Acquisition Strategy

Charlotte School of Law would like to assess its library collection and subsequently develop an acquisition strategy. At this initial stage, we’re seeking qualified consultants who can respond to a more detailed RFP after signing a confidentiality agreement.

Objective

Our objective is to assess the library collection and to develop a collection enhancement strategy that will be used to guide future acquisitions. More specifically, we would like to:

Assist in reviewing and revising as appropriate collection development and information resource policies.

Develop a Collection Enhancement Policy that identifies goals and methodologies for acquisition and access methods that leverage finances.

Develop a written collection strategy plan to include project timelines.

Review existing collection development policies: strengths & growth areas, gaps & overlaps (in core and focus collections), and create strategies to meet change

Draft a set of guidelines and processes for purchase standards.

Analysis of current collection metrics (beyond ABA requirements) and revise as necessary to help support the continuous improvement needs of faculty and students.

Using appropriate benchmarks, make recommendations for annual spending levels to meet requirements of students and faculty


If you would like to find out more, please contact Julia Burns who is assisting us in this effort. She can be reached by email at JuliaBurns@bellsouth.net or by phone at 904.534.6141. Thank you.

Posted On: January 29, 2009

U.S. Supreme Court Update 1-28-09

A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust

VAN DE KAMP, JOHN, ET AL. v. GOLDSTEIN, THOMAS L. (No. 07-854.)

AP reporting: The Court threw out a lawsuit by a Los Angeles man wrongfully convicted of murder and gave district attorneys a broad shield against being sued even if their management mistakes send an innocent person to prison.

Thomas L. Goldstein, a former Marine convicted in a 1979 shooting in Long Beach, spent 24 years in prison largely on the word of a heroin addict who had worked as a jailhouse informant for police and prosecutors. Edward F. Fink lied on the witness stand when he denied receiving a benefit for testifying for police, a judge found.

Goldstein was freed in 2004, and he sued former Los Angeles County Dist. Atty. John K. Van de Kamp and top deputy Curt Livesay, contending they allowed prosecutors to regularly use jailhouse informants and did not take steps to make sure they were telling the truth.

In Goldstein's case, the trial prosecutor did not know Fink was lying because other prosecutors in the sprawling district attorney's office did not share information.

The Supreme Court mostly set aside the facts of Goldstein's case and focused on the potential harm of allowing top prosecutors to be sued. District attorneys who are managing teams of prosecutors should not face the fear they might be sued years later by resentful suspects, the justices said.

In the past, the court said trial prosecutors were entitled to absolute immunity for their courtroom work. In Monday's ruling in Van de Kamp vs. Goldstein, the high court extended that shield to cover district attorneys and other chief prosecutors for any actions that involve prosecutions and trials.

Last year, the U.S. 9th Circuit Court of Appeals in San Francisco said top prosecutors could be sued for "administrative" failures. The decision rejected Van de Kamp's claim of immunity and cleared Goldstein's lawsuit to proceed.The Supreme Court rejected the distinction between administrative and management tasks and said management of trial-related information was a prosecution function.

"We conclude that a prosecutor's absolute immunity extends to all these claims" about tracking jailhouse informants because they are "directly connected with the conduct of a trial," Justice Stephen G. Breyer said.

The court also threw out a lawsuit against police in Utah who, based on the word of an informant, burst into a house without a warrant. The justices did not decide whether the search was illegal but concluded that police were immune from being sued.

ARIZONA v. JOHNSON (07-1122)

AP Reporting: The Supreme Court ruled Monday that police officers have leeway to frisk a passenger in a car stopped for a traffic violation even if nothing indicates the passenger has committed a crime or is about to do so. The court on Monday unanimously overruled an Arizona appeals court that threw out evidence found during such an encounter.

The case involved a 2002 pat-down search of an Eloy, Ariz., man by an Oro Valley police officer, who found a gun and marijuana. The justices accepted Arizona's argument that traffic stops are inherently dangerous for police and that pat-downs are permissible when an officer has a reasonable suspicion that the passenger may be armed and dangerous. The pat-down is allowed if the police "harbor reasonable suspicion that a person subjected to the frisk is armed, and therefore dangerous to the safety of the police and public," Justice Ruth Bader Ginsburg said.

NELSON V. UNITED STATES (08-5657)

Per Curiam opinion shortened.

Lawrence Nelson was convicted of one count of conspiracy to distribute and to possess with intent to distribute more than 50 grams of cocaine base. The District Court calculated Nelson’s sentencing range under the United States Sentencing Guidelines, and imposed a sentence of 360 months in prison (the bottom of the range).

The United States Court of Appeals for the Fourth Circuit affirmed Nelson’s conviction and sentence. United States v. Nelson, 237Fed. Appx. 819 (2007)

Nelson filed a petition for a writ of certiorari. We granted the petition, vacated the judgment, and remanded the case to the Fourth Circuit for further consideration in light of Rita v. United States, 551 U. S. 338 (2007) .

On remand and without further briefing, the Fourth Circuit again affirmed the sentence. 276Fed. Appx. 331 (2008) (per curiam). The court acknowledged that under Rita, while courts of appeals “may apply a presumption of reasonableness to a district court sentence that reflects a proper application of the Sentencing Guidelines,” 551 U. S., at 347, “the sentencing court does not enjoy the benefit of a legal presumption that the Guidelines sentence should apply,” id., at 351. Instead, the sentencing court must first calculate the Guidelines range, and then consider what sentence is appropriate for the individual defendant in light of the statutory sentencing factors, 18 U. S. C. §3553(a), explaining any variance from the former with reference to the latter.

Nelson has again filed a petition for a writ of certiorari, reasserting, inter alia, essentially the same argument he made before us the first time: that the District Court’s statements clearly indicate that it impermissibly applied a presumption of reasonableness to his Guidelines range. The United States admits that the Fourth Circuit erred in rejecting that argument following our remand; we agree.

In this case, the Court of Appeals quoted the above language from Rita but affirmed the sentence anyway after finding that the District Judge did not treat the Guidelines as mandatory. That is true, but beside the point. The Guidelines are not only not mandatory on sentencing courts; they are also not to be presumed reasonable. We think it plain from the comments of the sentencing judge that he did apply a presumption of reasonableness to Nelson’s Guidelines range. Under our recent precedents, that constitutes error.


CASES ARE AVAILABLE AT: http://www.law.cornell.edu/supct/index.html

Posted On: January 29, 2009

New York: Significant Change in the Rules of Professional Conduct

James R. Sahlem, Principal Law Librarian at the New York Supreme Court Library at Bullafo, notes in his publication, NYCRR/Sections Affected , a significant change in the Rules of Professional Conduct (22 NYCRR 1200), NYR 1-28-09 at p 99.

Posted On: January 29, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - LEXIS

Update from the Lexis Alert Service,

January 29, 2009

1. People v. Rodriguez, 5115, 810/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 434; 2009 N.Y. App. Div. LEXIS 426, January 27, 2009, Decided, January 27, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (James A. Yates, ...

2. People v. Rose, 5106, 290/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 425; 2009 N.Y. App. Div. LEXIS 419, January 27, 2009, Decided, January 27, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Lewis Bart Stone, ...

3. People v. Burnside, 5114, 4183/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 433; 2009 N.Y. App. Div. LEXIS 429, January 27, 2009, Decided, January 27, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Gerald Harris, J.), ...

4. People v. Newton, 5117, 6555/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 436; 2009 N.Y. App. Div. LEXIS 432, January 27, 2009, Decided, January 27, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (William A. Wetzel, ...

5. People v. Johnson, 5120, 5120A, 983/06, 4048/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 439; 2009 N.Y. App. Div. LEXIS 422, January 27, 2009, Decided, January 27, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bruce Allen, J.), ...

6. People v. Zabala, 5119, 5156/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 438; 2009 N.Y. App. Div. LEXIS 417, January 27, 2009, Decided, January 27, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Richard D. Carruthers, ...

Posted On: January 28, 2009

Some Recent Documents from the Obama White House

Below are links to some of the recent documents, January 21, 22 and 26, 2009 :
Executive Order: Presidential Records, Released by White House on 1-21-09

Memorandum: Freedom of Information Act ( FOIA ) Released by White House on 1-21-09

Memorandum: Transparency and Open Government, Released by White House on 1-21-09

Executive Order: Ensuring Lawful Interrogations, Released by White House 1-22-09

Executive Order: Review and Disposition of Individuals Detained at Grantanamo Bay and Closure of Detention Facilities, Released by White House 1-22-09

Subpoena to Jormer White House Adviser Karl Rove from House Judiciary Chairman John conyers, Submitted 1-26-09


Posted On: January 28, 2009

Connecticut: Judge Uses Vulgar Language As She is Charged

"Judge Uses Vulgar Language As She is Charged", an article by Edmund H. Mahoney and Jon Lender, published in the January 27, 2009 Hartford Courant, reports that a Connecticut Superior Court judge is accused of arguing with a police officer and calling him a "Negro trooper". The folllowing links to both the article and a "booking video":

http://www.courant.com/news/politics/hc-cofield0127.artjan27,0,2287060.story

Posted On: January 28, 2009

What To Do With An Oil Painting Found in Judge Brieant's Chambers?

In a January 28, 2009 New York Times article, "Hang Him Up? The Bad Judge and His Image", Benjamin Weiser describes a debate that has arisen in a New York Courthouse over whether the portrait of a disgraced judge should continue to be displayed or thrown in a closet.

To read the story click on the link below to the article:

http://www.nytimes.com/2009/01/28/nyregion/28portrait.html?partner=permalink&exprod=permalink


Posted On: January 27, 2009

ABA Criminal Justice Complementary CLE: New Paradigm of Juvenile Justice

The ABA Criminal Justice Section Juvenile Justice Committee and The Standing Committee on Legal Aid and Indigent Defendants and The Council on Racial & Ethnic Justice
Present;

The New Paradigm of Juvenile Justice

Complementary CLE

Harvard Law Professor Charles Ogletree, a top advisor to President Elect Barack Obama, is known for his masterful handling of freewheeling panel discussions that generate tremendous audience involvement and honest creative discussion. He will lead the panel and participants in the design of strategies for the new administration and Congress to reform juvenile justice.

The discussion will be followed by a close look at due process in modern times. Panelist will provide an update on Roper v. Simmons and Goss v. Lopez, revisit Gideon v. Wainright and examine New York’s new trafficking law that makes all juvenile prostitution cases presumptively status offender cases. Please join us for this dynamic program.

Panelists
James Bell, Director of the Haywood Burns Institute
The Honorable Jay Blitzman, Middlesex Juvenile Court Judge
Harvard Law Professor Phil Heymann, former deputy Attorney General during the Clinton Administration
Robert Schwartz, Executive Director of Juvenile Law Center
Jane E. Tewksbury, Commissioner of the Department of Youth Services Boston, Mass.
Linda Uttal, Acting Chief of Cook County Public Defender Juvenile Division

When: 3:00-6:00 p.m.
Friday, February 13, 2008
Reception to follow

Where: Boston Marriott Copley Place
110 Huntington Place
Boston, MA 02116

This program is part of the ABA Criminal Justice Section’s 2009 Midyear Meeting. More information on the meeting can be found at: www.abanet.org/crimjust/calendar/2009midyear.doc

Posted On: January 27, 2009

New York Times: A Tool to Verify Digital Records, Even as Technology Shifts

The above titled January 27, 2009 article by John Markoff, published in the New York Times is relevant because it discusses digitization, preservation and authentication of records (and by extension information) in terms of continuously preserving these qualities in an authentic state as the underlying technology constantly changes or "shifts" over time, thus taking into account and emphasizing the importance of both the initial authentication of information in accordance with accepted polices and practices and the urgency of maintaining that authenticity over time. In terms of this discussion the question for law librarians and others throughout the legal profession working with digital legal information is how to best provide assurance that primary and other legal information officially authenticated at a given time can be safely perceived as remaining reliably authentic over a much longer period of time in the midst of these constant shifts? Since John Markoff's article may help us at least clarify these issues I wanted to share it with you.

David Badertscher

Here are some excerpts:

"On Tuesday a group of researchers at the University of Washington are releasing the initial component of a public system to provide authentication for an archive of video interviews with the prosecutors and other members of the International Criminal Tribunal for the Rwandan genocide. The group will also release the first portion of the Rwandan archive.

This system is intended to be available for future use in digitally preserving and authenticating first-hand accounts of war crimes, atrocities and genocide.

Such tools are of vital importance because it has become possible to alter digital text, video and audio in ways that are virtually undetectable to the unaided human eye and ear.

The researchers said history was filled with incidents of doctoring, deleting or denying written records. Now, they say, the authenticity of digital documents like videos, transcripts of personal accounts and court records can be indisputably proved for the first time."[Highlights entered by me--not the author DGB]
..........

"Both because of the rapid pace of innovation and the tendency of computers to wear out in months or years, the likelihood that digital files will be readable over long periods of time is far less certain even than the survival of paper documents. Computer processors are quickly replaced by incompatible models, software programs are developed with new data formats, and digital storage media, whether digital tape, magnetic disk or solid state memory chips, are all too ephemeral.

Several technologists are already grappling with the evanescent nature of digital records."

[Much of the remaining article discusses the nature and implications of "grappling with the evanescent nature of digital records"]

To see the entire article, go to:

http://www.nytimes.com/2009/01/27/science/27arch.html?partner=permalink&exprod=permalink

Those interested in more detailed information regarding issues related to the authentication of online legal resources will want to see the Amieican Association of Law Libraries report: State-By-State Report on Authentication of Online Legal Resources at http://www.aallnet.org/aallwash/authen_rprt/AuthenFinalReport.pdf . The American Association of Law Libraries is continuing its efforts to facilitate acceptable atthentication of online legal resources largely through its Electronic Legal Information Access and Citation (ELIACC). Although I am currently a member of this Committee, all opinions expressed above are strictly my own and should not be attributed to either AALL or ELIACC.


Posted On: January 27, 2009

Results from Marshall Breeding's 2008 Library Automation Survey

In case you missed it, the results from the 2008 version of Marshall Breeding's Library Automation Survey are available at http://www.librarytechnology.org/perceptions2008.pl. This Survey is international in scope. There were 1,450 responses.

Posted On: January 27, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - Lexis

Update from the Lexis Alert Service,

January 21 & 26, 2009

1. People v. Lofton, 4649, 2903/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9261; 56 A.D.3d 371; 2008 N.Y. App. Div. LEXIS 8795, November 25, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Rena K. Uviller, ...

2. People v. Wall, 4640, 4641, 7162/03, 4442/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9189; 56 A.D.3d 361; 867 N.Y.S.2d 443; 2008 N.Y. App. Div. LEXIS 8676, November 20, 2008, Decided, November 20, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Micki A. Scherer, ...

3. People v. Washington, 4506, 4506A, 6988/06, 4754/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8428; 56 A.D.3d 277; 866 N.Y.S.2d 569; 2008 N.Y. App. Div. LEXIS 8264, November 6, 2008, Decided, November 6, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgments, Supreme Court, New York County (Renee A. White,

4. People v. Reyes, 5100, 911N/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 315; 2009 N.Y. App. Div. LEXIS 277, January 22, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Laura A. Ward, ...

5. People v. Rivers, 1636, 3191/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 298; 2009 N.Y. App. Div. LEXIS 272, January 22, 2009, Decided, January 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (James A. Yates, ...

6 People v. Placek, 5093, 2302/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 310; 2009 N.Y. App. Div. LEXIS 308, January 22, 2009, Decided, January 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Marcy L. Kahn, ...

7. People v. Springs, 5098, 6417/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 314; 2009 N.Y. App. Div. LEXIS 297, January 22, 2009, Decided, January 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Micki A. Scherer, ...

8. People v. Hadiouche, 5090, 4973/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 309; 2009 N.Y. App. Div. LEXIS 268, January 22, 2009, Decided, January 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles J. Tejada, ...

9. People v. Fuller, 5086, 1518/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 306; 2009 N.Y. App. Div. LEXIS 305, January 22, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Ellen M. Coin, ...

10. People v. Brown, 5095, 5757/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 312; 2009 N.Y. App. Div. LEXIS 264, January 22, 2009, Decided, January 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bruce Allen, J.), ...

Posted On: January 27, 2009

Findlaw Case Summaries: U.S. Supreme Court

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

January 26, 2009

CIVIL PROCEDURE, CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
Van de Kamp v. Goldstein, No. 07-854
In the context of 42 U.S.C. section 1983 civil rights suits, a prosecutor's absolute immunity extends to claims that the prosecution failed to disclose impeachment material due to failure to: 1) properly train prosecutors; 2) properly supervise prosecutors; or 3) establish an information system containing potential impeachment material about informants..

CIVIL PROCEDURE, CIVIL RIGHTS, LABOR & EMPLOYMENT LAW
Crawford v. Metro. Gov't of Nashville, No. 06-1595
The protection of Title VII of the Civil Rights Act of 1964, which forbids retaliation by employers against employees who report workplace race or gender discrimination, extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer's internal investigation.

CRIMINAL LAW & PROCEDURE, EVIDENCE
Arizona v. Johnson, No. 07-1122
In a case involving the authority of police officers to "stop and frisk" a passenger in a motor vehicle after a traffic stop, the Court rules that: 1) the first condition of Terry v. Ohio, i.e. a lawful investigatory stop, is met whenever it is lawful for police to detain an automobile and its occupants pending inquiry into a vehicular violation; 2) police need not have, in addition, cause to believe any occupant of the vehicle is involved in criminal activity; and 3) to justify a pat-down of the driver or a passenger during a traffic stop, however, just as in the case of a pedestrian reasonably suspected of criminal activity, the police must harbor reasonable suspicion that the person subjected to the frisk is armed and dangerous.

CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
Nelson v. US, No. 08-5657
The Court re-emphasizes that its cases do not allow a sentencing court (as opposed to an appellate court) to presume that a sentence within the applicable Sentencing Guidelines range is reasonable. Here, the sentencing court clearly applied a presumption of reasonableness to petitioner's Guidelines range, and the circuit court erred in affirming the sentence.

ERISA, FAMILY LAW, LABOR & EMPLOYMENT LAW
Kennedy v. Plan Admin. for DuPont Savings & Inv. Plan, No. 07-636
In an ERISA case involving the Act's limitation on assignment or alienation of benefits, and a divorced spouse's purported waiver of her entitlement to benefits, the Supreme Court rules in favor of ERISA plan administrator that had paid out benefits to former wife-designated beneficiary because: 1) although a waiver of the type at issue, i.e. a federal common law waiver embodied in a divorce decree that was not a qualified domestic relations order, is not rendered invalid by the text of the anti-alienation provision; nevertheless, 2) plan administrator properly disregarded the waiver due to its conflict with the beneficiary designation made by former husband in accordance with plan documents.

Posted On: January 27, 2009

Findlaw Featured Document: US v Joseph L Bruno (New York)

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Former NY Senate Majority Leader Indicted on Federal Corruption Charges
US V. JOSEPH L. BRUNO
(U.S. Dist. Ct., N.D.N.Y., Jan. 23, 2009) - Republican Joseph Bruno, the former New York Senate Majority Leader, was indicted by a federal grand jury on criminal charges accusing him of public corruption by accepting nearly $3.2 million over more than a decade from labor unions.

Posted On: January 27, 2009

Findlaw Case Law Summaries: Constitutional Law

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

January 19 - January 23, 2009

U.S. Supreme Court, January 21, 2009
Locke v. Karass, No. 07-610
In a case involving circumstances where a local union charges nonmembers a service fee that (among other things) reflects an affiliation fee that the local union pays to its national union organization, a portion of which the national union uses to pay for litigation expenses incurred in large part on behalf of other local units, the Supreme Court rules that the Constitution permits including such an element in the local's charge to nonmembers as long as: 1) the subject matter of the extra-local litigation is of a kind that would be chargeable if the litigation were local; and 2) the litigation charge is reciprocal in nature.

U.S. Supreme Court, January 21, 2009
Pearson v. Callahan, No. 07-751
In a 42 U.S.C. section 1983 action against state law enforcement officers who conducted a warrantless search of plaintiff's house incident to his arrest for the sale of methamphetamine to an undercover informant (whom plaintiff had voluntarily admitted to the premises), a court of appeals ruling reversing a ruling that defendants were entitled to qualified immunity is reversed where: 1) the procedure the Supreme Court mandated in Saucier v. Katz, 533 U.S. 194 (2001), should not be regarded as an inflexible requirement; and 2) petitioners were entitled to qualified immunity on the ground that it was not clearly established at the time of the search that their conduct was unconstitutional. ..

U.S. 1st Circuit Court of Appeals, January 22, 2009
Abraham v. Woods Hole Oceanographic Inst., No. 08-1655
In an employment discrimination action brought by former employee, a researcher on the biological aspect of zebrafish, who was terminated after he stated he did not believe in the theory of evolution, denial of plaintiff's motion for leave to file an amended complaint, as well as a decision not to apply equitable tolling principles in granting defendant's motion for judgment on the pleadings, are affirmed where: 1) the request to amend was futile; and 2) the doctrine of equitable tolling could not apply as plaintiff failed to exercise diligence in meeting any of the filing deadlines for his employment discrimination claim

Continue reading " Findlaw Case Law Summaries: Constitutional Law " »

Posted On: January 27, 2009

Findlaw Case Summaries: Criminal Law and Procedure

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

January 19 - January 23, 2009

U.S. Supreme Court, January 21, 2009
Waddington v. Sarausad, No. 07-772
In a case arising from a fatal drive-by shooting of a group of students standing in front of a Seattle high school, grant of a petition for habeas relief from defendant's conviction for being an accomplice to second-degree murder, attempted murder, and assault is reversed where: 1) Washington courts reasonably concluded that the trial court's instruction to the jury regarding accomplice liability was not ambiguous; and 2) even were it ambiguous, the circuit court still erred in finding the instruction so ambiguous as to cause a federal constitutional violation.

U.S. Supreme Court, January 21, 2009
Pearson v. Callahan, No. 07-751
In a 42 U.S.C. section 1983 action against state law enforcement officers who conducted a warrantless search of plaintiff's house incident to his arrest for the sale of methamphetamine to an undercover informant (whom plaintiff had voluntarily admitted to the premises), a court of appeals ruling reversing a ruling that defendants were entitled to qualified immunity is reversed where: 1) the procedure the Supreme Court mandated in Saucier v. Katz, 533 U.S. 194 (2001), should not be regarded as an inflexible requirement; and 2) petitioners were entitled to qualified immunity on the ground that it was not clearly established at the time of the search that their conduct was unconstitutional.

U.S. Supreme Court, January 21, 2009
Spears v. US, No. 08–5721
In proceedings arising from the government's appeal of a sentence for conspiracy to distribute cocaine base and powder cocaine, a circuit court's ruling reversing a mandatory minimum sentence is reversed where district courts are entitled to reject and vary categorically from the crack-cocaine Sentencing Guidelines based on a policy disagreement with those Guidelines

Continue reading " Findlaw Case Summaries: Criminal Law and Procedure " »

Posted On: January 27, 2009

AALL: Technical Services Law Library Newsletter

The September 2008 issue of the Technical Services Law Library Newsletter (TSLL) Volume 4 Nol 1 is now published.and can be viewed at http://www.aallnet.org/sis/tssis/tsll/34-01/34-01.pdf

Posted On: January 27, 2009

Recent ABA Publication Announcements

Posted January 27, 2009.

MacCarthy on Cross-Examination
Terence F. MacCarthy

Learn how to look good on cross, even when the witness is not cooperating. Terence MacCarthy is synonymous with effective cross-examination. For 40 years he has been the head of the Federal Defender's Office in Chicago, and is among the top CLE instructors in the nation for his lectures on cross-examination technique.

Filled with illustrative cross-examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book--looking good, telling a story, and using short statements--you can take control of your cross-examinations and achieve the results you want. To improve and to change your thoughts on cross-examination, order your copy of MacCarthy on Cross-Examination today!

"MacCarthy's system of cross will revolutionize trial lawyering and far surpass other efforts in refining cross-examination technique because it provides the philosophy behind as well as the system to implement his "Look Good" cross-examination technique. I only hope that my opposing counsel do not read (this book) and adopt Terry's methods too." John P. Buckley, Ungaretti & Harris

©2007
6x9
236 pages, Paper
Product Code:
1610163
__________________________________________________

Administrative Law of the European Union Six Volume Set
George A. Bermann, Charles H. Koch, Jr. and James T. O'Reilly, Editors

Administrative Law of the European Union is a practical resource on regulatory law intended for use by private practitioners, government lawyers, and academic lawyers in the United States. The book covers the foundational documents of the EU that originated with the European Coal and Steel Community (1951) and progressed to the Treaty of Lisbon (2007). Five aspects of EU government and law are covered in individually bound volumes:

Oversight
Transparency and Data Protection
Judicial Review
Rulemaking
Adjudication
Additional coverage of administrative processes for selected industries is included in the discussions of rulemaking and adjudication. A separately bound introduction will accompany the five volumes, to total six volumes for the complete set. Books can also be purchased individually as needed.

©2008
6 x 9 - Paperback
Six volume set, Paperback in box
Product Code:
5010057P
_________________________________________________

Garner on Language and Writing
By Bryan A. Garner
Foreword by Justice Ruth Bader Ginsburg

Bryan Garner has collected over a hundred of his finest essays on writing, language, and style in this substantial anthology. The book includes sections on legal language and lexicography, how to write successfully as a professional, and concludes with chapters on what he calls "bizarreries" --entertaining descriptions of puns, curiosities, vocabulary use, and other hilarious writing escapades. Finally, Garner includes several tributes to great stylists, and concludes with recommendations for making oneself a great writer, grammarian, and stylist.

Bryan A. Garner is the best-selling author of more than a dozen books. Chief among them are A Dictionary of Modern American Usage, Legal Writing in Plain English, The Winning Brief, The Elements of Legal Style, and many others.

©2008 - Hardcover, 6 x 9 876 pages

Product Code:
1610057
_________________________________________________

A PRACTICAL GUIDE TO SOFTWARE LICENSING FOR LICENSEES AND LICENSORS: Model Forms and Annotations Included in Print and CD-ROM, Third Edition

By H. Ward Classen

This new third edition is revised and updated with three new chapters and numerous forms. A Practical Guide to Software Licensing for Licensees and Licensors examines the fundamental issues that both licensors and licensees confront in the negotiation of a software license and, where appropriate, looks at relevant ancillary issues such as software development as well as maintenance and support. It primarily focuses on non-mass market agreements, since most retail or mass market off-the-shelf software is governed by non-negotiable shrinkwrap and clickwrap licenses. Nonetheless, the principles of software licensing are the same for both shrink-wrapped, click wrapped, and custom-developed software. The book is accompanied by and cross-referenced to an annotated software license. A companion CD-ROM is also included for customization of the software license and related forms.

Written in practical, easily understandable language, this book is cross referenced to a model agreement. It is written from the perspective of both the licensor and the licensee and includes model forms with alternative clauses to fit many perspectives. The CD-ROM is a great companion filled with easy-to-use forms.

NEW in this edition are chapters on:
* Licensing Issues Arising from Alternative Delivery Models
* When and Where Problems Arise
* Representing the Global Entity
* Plus - 10 new forms for a total of 45 forms, plus 2 exhibits

2008
7 X 10, 950 Pages, Paperback
Product Code: 5070607


Posted On: January 23, 2009

U.S. Supreme Court Update: Criminal Cases and News

January 23, 2009
From the American Bar Association Criminal Justice Section
"> www.abanet.org/crimjust">

Spears v. US, No. 08–5721

The government appealed a sentence for conspiracy to distribute cocaine base and powder cocaine in which the District Court reduced the sentencing range for crack cocaine from the 100 to 1 ratio to a 20 to one ratio based on the U. S. Sentencing Commission guidelines and the Smith and Perry cases. The District Court imposed a sentence based on a 20 to 1 ratio which was its interpretation of the mandatory minimum sentence in the case. The Eighth Circuit Court of Appeals reversed the district Court’s interpretation of the minimum sentence in the case and imposed a tougher sentence based on the 100 to 1 ratio. The Supreme Court remanded for rehearing by the Eighth Circuit which again imposed the tougher sentence. On rehearing the Supreme Court reversed stating, “we now clarify that district courts are entitled to reject and vary categorically from the crack cocaine Guidelines based on a policy disagreement with those Guidelines.”

www.supremecourtus.gov/opinions/08pdf/08-5721.pdf

Pearson v. Callahan, No. 07-751

In a 42 U.S.C. section 1983 action against state law enforcement officers who conducted a warrantless search of plaintiff's house incident to his arrest for the sale of methamphetamine to an undercover informant (whom plaintiff had voluntarily allowed into the premises), a court of appeals ruling reversing a ruling that defendants were entitled to qualified immunity is reversed where: 1) the procedure the Supreme Court mandated in Saucier v. Katz, 533 U.S. 194 (2001), should not be regarded as an inflexible requirement; and 2) petitioners were entitled to qualified immunity on the ground that it was not clearly established at the time of the search that their conduct was unconstitutional.

www.supremecourtus.gov/opinions/08pdf/07-751.pdf

Waddington v. Sarausad, No. 07-772

In a case arising from a fatal drive-by shooting of a group of students standing in front of a Seattle high school, grant of a petition for habeas relief from defendant's conviction for being an accomplice to second-degree murder, attempted murder, and assault is reversed where: 1) Washington courts reasonably concluded that the trial court's instruction to the jury regarding accomplice liability was not ambiguous; and 2) even were it ambiguous, the circuit court still erred in finding the instruction so ambiguous as to cause a federal constitutional violation.

www.supremecourtus.gov/opinions/08pdf/07-772.pdf

">www.lasvegassun.com/news/beltway/supreme-court/">

www.latimes.com/news/nationworld/nation/la-na-supreme-court-porno22-2009jan22,0,5267091.story

Posted On: January 23, 2009

U.S. Presidential Memoranda: Freedom of Information Act (FOIA) and Open Government*

January 21, 2009,

President Obama also released the following Memoranda on January 21: "the Memorandum on the Freedom of Information Act, which re-establishes a presumption of openness under FOIA and orders the Office of Management and Budget to 'update guidance to the agencies to increase and improve information dissemination to the public,' and the Memorandum on Transparency and Open Government, which lays out several ways in which the new Administration will 'work together to ensure the public trust and establish a system of transparency, public participation, and collaboration.' " Both address issues of longtime inerest and concern to the American Association of Law Libraries

THE WHITE HOUSE


Office of the Press Secretary ­

For Immediate Release
January 21, 2009

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Freedom of Information Act

A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, "sunlight is said to be the best of disinfectants." In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.

I direct the Attorney General to issue new guidelines governing the FOIA to the heads of executive departments and agencies, reaffirming the commitment to accountability and transparency, and to publish such guidelines in the Federal Register. In doing so, the Attorney General should review FOIA reports produced by the agencies under Executive Order 13392 of December 14, 2005. I also direct the Director of the Office of Management and Budget to update guidance to the agencies to increase and improve information dissemination to the public, including through the use of new technologies, and to publish such guidance in the Federal Register.

more

(OVER)

2

This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA


# # #


THE WHITE HOUSE


Office of the Press Secretary

For Immediate Release

January 21, 2009

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Transparency and Open Government

My Administration is committed to creating an unprecedented level of openness in Government. We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government.

Government should be transparent. Transparency promotes accountability and provides information for citizens about what their Government is doing. Information maintained by the Federal Government is a national asset. My Administration will take appropriate action, consistent with law and policy, to disclose information rapidly in forms that the public can readily find and use. Executive departments and agencies should harness new technologies to put information about their operations and decisions online and readily available to the public. Executive departments and agencies should also solicit public feedback to identify information of greatest use to the public.

Government should be participatory. Public engagement enhances the Government's effectiveness and improves the quality of its decisions. Knowledge is widely dispersed in society, and public officials benefit from having access to that dispersed knowledge. Executive departments and agencies should offer Americans increased opportunities to participate in policymaking and to provide their Government with the benefits of their collective expertise and information. Executive departments and agencies should also solicit public input on how we can increase and improve opportunities for public participation in Government.

Government should be collaborative. Collaboration actively engages Americans in the work of their Government. Executive departments and agencies should use innovative tools, methods, and systems to cooperate among themselves, across all levels of

more

(OVER)

2

Government, and with nonprofit organizations, businesses, and individuals in the private sector. Executive departments and agencies should solicit public feedback to assess and improve their level of collaboration and to identify new opportunities for cooperation.

I direct the Chief Technology Officer, in coordination with the Director of the Office of Management and Budget (OMB) and the Administrator of General Services, to coordinate the development by appropriate executive departments and agencies, within 120 days, of recommendations for an Open Government Directive, to be issued by the Director of OMB, that instructs executive departments and agencies to take specific actions implementing the principles set forth in this memorandum. The independent agencies should comply with the Open Government Directive.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

This memorandum shall be published in the Federal Register.

BARACK OBAMA

_____________________________________
*Thanks to Emily Feldman, Advocacy Communications Assistant, American Association of Law Libraries for bring this to our attention.

Posted On: January 22, 2009

New York Appellate Criminal Cases Origiinating from the New York Supreme Court NY County - Lexis

Update from the Lexis Alert Service,

January 19.21, 2009:

1. People v. Starnes, 5042, 5249/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 125; 2009 N.Y. App. Div. LEXIS 119, January 15, 2009, Decided, January 15, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

2. People v. West, 5035, 5036, 4622/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 119; 2009 N.Y. App. Div. LEXIS 125, January 15, 2009, Decided, January 15, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles H. Solomon,

3. People v. Lofton, 4649, 2903/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9261; 56 A.D.3d 371; 2008 N.Y. App. Div. LEXIS 8795, November 25, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Rena K. Uviller, ...

4. People v. Wall, 4640, 4641, 7162/03, 4442/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9189; 56 A.D.3d 361; 867 N.Y.S.2d 443; 2008 N.Y. App. Div. LEXIS 8676, November 20, 2008, Decided, November 20, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Micki A. Scherer, ...

5. People v. Washington, 4506, 4506A, 6988/06, 4754/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8428; 56 A.D.3d 277; 866 N.Y.S.2d 569; 2008 N.Y. App. Div. LEXIS 8264, November 6, 2008, Decided, November 6, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgments, Supreme Court, New York County (Renee A. White, ...

Posted On: January 15, 2009

Upgraded Library Web Resource Announcement

State of New York Supreme Court Criminal Term Library (New York County)

Inspired by the recent New York Unified Court System Report Green Justice: An environmental Action Plan for the New York State Court System*, the New York Supreme Court Law Library, Criminal Term (New York County) is pleased to announce a major upgrade to the section of our website dealing with search engines. Our objective is to best serve your information needs through enhanced access to reference and research sources. Consequently, we have have provided a wide variety of general Internet search engines as well as search engines that specifically target legal information sites. Moreover, we have included in our resource page meta search engines which combine the search results and different technologies of multiple companies (e.g. Google and MSN). We hope that these resources are another means for you to conveniently and best retrieve information from the Internet. Our new search engine page is located at: http://www.nycourts.gov/library/nyc_criminal/search_engines.shtml .

You may wish to reacquaint yourselves with out library homepage which is located at: http://www.nycourts.gov/library/nyc_criminal/ .

If you have any questions regarding the above materials or other library services, please feel free to contact me at dbaderts@courts.state.ny.us or (646) 386- 3890.

David Badertscher
Principal Law Librarian
_______________________________
*The New York State Unified Court System report: Green Justice: An environmental Action Plan for the New York State Court System, is available at http://www.nycourts.gov/whatsnew/pdf/NYCourts-GreenJustice11.2008.pdf

Posted On: January 15, 2009

ABA: US Supreme Court Update

Supreme Court Update: A Service from the ABA Criminal Justice Section www.abanet.org/crimjust

CHAMBERS V. UNITED SATES
The Court ruled in Chambers v. United Sates (No. 06-11206) that a failure to report for prison does not count as a violent crime under a federal law intended to keep repeat criminals in prison longer.

A unanimous court on Tuesday threw out a mandatory 15-year prison term given to Deondery Chambers, who pleaded guilty to being a felon in possession of a gun. Chambers had three prior convictions, which prosecutors argued and lower courts agreed brought him under the federal Armed Career Criminal Act.

But one of Chambers' convictions was for his "failure to report" for weekend jail stays. The government contended that not showing up for the weekend confinement was akin to an escape and should be treated as a violent crime.

Justice Stephen Breyer rejected that argument in his opinion for the court. Breyer said a report that examined failures to report to prison found no evidence that defendants were more likely to resist arrest and potentially injure law enforcement officers or others.

In a separate opinion, Justice Samuel Alito said the court is called on too often to interpret the career criminal law and suggested that Congress come up with a list of specific crimes that should trigger application of the law.

JIMINEZ V. QUARTERMAN
In a second criminal case, the court unanimously ruled for a Texas prison inmate seeking federal review of his 43-year prison term. The court interpreted a dead line determining when a judgment is final for purposes of section 28 U.S.C. 2244 (d)(1)(A). The USSC held that a federal appeals court in New Orleans was wrong to find that Carlos Jiminez had missed a deadline for filing his paperwork in federal court. Justice Clarence Thomas delivered the opinion, holding that where a state court grants a criminal defendant the right to file an out-of-time direct appeal during state collateral review, but before the defendant has first sought federal habeas relief, his judgment is not "final" for purposes of section .2244 (d)(1)(A) until the conclusion of the out-of-time direct appeal, or the expiration of the time for seeking certiorari review of the appeal.

The Chambers v. U.S., 06-11206, and Jiminez v. Quarterman, 07-6984 cases are available at http://www.supremecourtus.gov/opinions/08slipopinion.html.


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Posted On: January 15, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - Lexis

Update from the Lexis Alert Service,

January 12 ,15, 2009

1. People v. Kelley, 4996, 6077/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 49; 2009 N.Y. App. Div. LEXIS 67, January 8, 2009, Decided, January 8, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Roger S. Hayes, ...

2. People v. Sanchez, 3675, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8027; 57 A.D.3d 1; 866 N.Y.S.2d 78; 2008 N.Y. App. Div. LEXIS 7857, October 23, 2008, Decided, October 23, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appeals from a judgment of the Supreme Court, New York County (Roger S. Hayes, ...
... claims. Accordingly, the judgment of the Supreme Court, New York County (Roger S. Hayes, ...
... Squib inserted here: Judgment, Supreme Court, New York County (Roger S. Hayes, ...

3. People v. Wilman, 5028, 545/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 109; 2009 N.Y. App. Div. LEXIS 106, January 13, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Laura A. Ward, ...

4. People v. Parra, 5030, 5093/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 111; 2009 N.Y. App. Div. LEXIS 110, January 13, 2009, Decided, January 13, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Michael J. Obus, ...

5. People v. Joyce, 5023, 6702/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 106; 2009 N.Y. App. Div. LEXIS 105, January 13, 2009, Decided, January 13, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Gregory Carro, J.), ...

6. People v. Berring, 5026, 976/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 108; 2009 N.Y. App. Div. LEXIS 107, January 13, 2009, Decided, January 13, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Michael J. Obus, ...

7. People v. Frazier, 3951/04, 4858/04, 5665/04, 5014, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 99; 2009 N.Y. App. Div. LEXIS 91, January 13, 2009, Decided, January 13, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Rena K. Uviller, ...

8. People v. Oree, 5020, 2844/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 103; 2009 N.Y. App. Div. LEXIS 92, January 13, 2009, Decided, January 13, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (William A. Wetzel, ...

Posted On: January 14, 2009

New York: Jonathan Lippman Has Been Nominated by Governor David Paterson to Serve As the Chief Judge of the New York State Court of Appeals

Governor David Paterson has nominated Jonathan Lippman, currently presiding justice in the Appellate Division First Department of the State Supreme Court, to fill the chief judge's post that was vacarted when Judith Kaye retired. See Press Release announcing the nomination.

Posted On: January 14, 2009

Seeking Funding Ideas for Court*

QUESTION:

We as a court are in the process of looking under every rock for potential funding sources. To that end we are interested in getting ideas and tips about short- or long-term legislation and
policies around the nation that have provided directed funding to court programs or projects. Specifically, temporary filing fee assessments, temporary fine enhancements, fees for ongoing technology improvements, etc... We intend to use these as ammunition for similar funding should that possibility exist or become necessary during our legislative process. The sky is the limit here and we are looking for ideas so any thought would be helpful.

RESPONSE

The text of the Texas Court Security fund from the Code of Criminal Procedure is in the text attached below. This is one of several legislatively mandated funds that are strictly dedicated for court use and collected directly from court fines as fees. They pile up after a while. There is also a technology fund and several juvenile case funds also under article 102 of the Texas CCP which you can get to on this link: http://www.statutes.legis.state.tx.us/ Just go the Texas Statutes drop down menu on the left and look for article 102 under the Code of Criminal Procedure.

I hope this is helpful.

Art. 102.017. COURT COSTS; COURTHOUSE SECURITY FUND; MUNICIPAL COURT BUILDING SECURITY FUND; JUSTICE COURT BUILDING SECURITY FUND. (a) A defendant convicted of a felony offense in a district court shall pay a $5 security fee as a cost of court.

b) A defendant convicted of a misdemeanor offense in a county court, county court at law, or district court shall pay a $3 security fee as a cost of court. A defendant convicted of a misdemeanor offense in a justice court shall pay a $4 security fee as a cost of court. The governing body of a municipality by ordinance may create a municipal court building security fund and may require a defendant convicted of a misdemeanor offense in a municipal court to pay a $3 security fee as a cost of court.

(c) In this article, a person is considered convicted if:

(1) a sentence is imposed on the person;

(2) the person receives community supervision, including deferred adjudication; or

(3) the court defers final disposition of the person's case.

(d) Except as provided by Subsection (d-1), the clerks of the respective courts shall collect the costs and pay them to the county or municipal treasurer, as appropriate, or to any other official who discharges the duties commonly delegated to the county or municipal treasurer, as appropriate, for deposit in a fund to be known as the courthouse security fund or a fund to be known as the municipal court building security fund, as appropriate. A fund designated by this subsection may be used only to finance security personnel for a district, county, justice, or municipal court, as appropriate, or to finance items when used for the purpose of providing security services for buildings housing a district, county, justice, or municipal court, as appropriate, including:

(1) the purchase or repair of X-ray machines and conveying systems;

(2) handheld metal detectors;

(3) walkthrough metal detectors;

(4) identification cards and systems;

(5) electronic locking and surveillance equipment;

(6) bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services;

(7) signage;

(8) confiscated weapon inventory and tracking systems;

(9) locks, chains, alarms, or similar security devices;

(10) the purchase or repair of bullet-proof glass; and

(11) continuing education on security issues for court personnel and security personnel.

(e) The courthouse security fund and the justice court building security fund shall be administered by or under the direction of the commissioners court. The municipal court building fund shall be administered by or under the direction of the governing body of the municipality.

(f) A local administrative judge shall provide to the Office of Court Administration of the Texas Judicial System a written report regarding any security incident involving court security that occurs in or around a building housing a court for which the judge serves as local administrative judge not later than the third business day after the date the incident occurred.
_________________________________________
*In order to preserve confidentiality and privacy all names and references to specific locations have been deleted from this posting.

Posted On: January 14, 2009

Proposed Democratic Senate Committee Assignments for 111th Congress

On December 22, 2008 we posted a list of House committee assignments preferred by many freshman in the 111th congress.

Although we have heard nothing more about House commitee assignments, we have heard from the Senate. Senate Majority Harry Reid has announced a partial list of the committee assignments he anticipates members of the Democratic Caucus will hold during the 111th Congress. As required by Senate rules, Senator Reid will meet with the Republican Leader to finalize the make-up of each Committee. For additional information including the anticipated committee assignment click on the link below

Partial List of Democratic Senate Committee Assignments Proposed for the 111th Congress

Posted On: January 14, 2009

HeinOnline: New Content Added in 2008

Last year was a busy year for our HeinOnline team at William S. Hein & Co., Inc. If you missed anything, here is a quick recap of everything they accomplished in 2008...

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8 New Library Modules

In the order which they were released: (Click link to view brochure for each new library)

Harvard Research in International Law

Kluwer Law International Journal Library

Subject Compilations of State Laws

United Nations Law Collection

National Moot Court Competition

National Conference of Commissioners on Uniform States Laws (NCCUSL)

Israel Law Reports

United States Code

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New Content added to Existing Collections

World Trials Library: 1,000 new titles: Continued adding titles from Cornell University's collection and also started including titles from the University of Missouri-Columbia Lawson collection and titles from the Jenkins Law Library.
Legal Classics Library: 100 new titles: Notable titles include: Reading Upon the Statute of Uses & B.F. Stevens' Facsimiles of Manuscripts in European Archives Relating to America, 1773-1783: With Descriptions, Editorial Notes, Collations, References and Translations

Law Journal Library: 100 new titles: Notable titles include: Taxes: The Tax Magazine, Advocates' Quarterly, Criminal Law Quarterly, Estates, Trusts, and Pensions Journal, Annual Report of the American Bar Association, Journal of Space Law, Franchise Law Journal, and Les Cahiers de Droit

Congressional Record - Complete Coverage: In June we announced the completion of the entire back file of the Congressional Record and the Daily Edition from 1994-2008, making us the first and only online database to contain the complete Congressional Record Bound Volumes.
Sessions Laws Coverage Expanded: Coverage for both New York and California now go back to inception. Every other state's session laws have been taken back to 1995, and more back files will be added in 2009!
Code of Federal Regulations - 12 years added: The gap is almost complete. In 2008 we added the back file content for CFR 1987-1991 and 1999-2005. The remaining 8 years will be complete by June 2009.

Manual of Patent Examining Procedure (MPEP) - Now includes coverage back to inception.

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Enhancements

Hein's ScholarCheck

MyHein Personal Bookmarking Tool

Searchable PDFs

Country/State/Subject coding applied to all titles in the Law Journal Library

Mobile Interface developed to support electronic mobile devices


Posted On: January 9, 2009

Illinois Governor Rod Blagojevich: Proposed Report of the Special Investigation Committee

See the Proposed Report of the Special Investigation Committee of the Illinois House of Representatives regarding the possible impeachment of Governor Rod R. Blagojevich.

Posted On: January 9, 2009

Summary of Recent Decisions Regarding Investigatory Stops

From: Quinlan Law Enforcement eNews Alert, January 8, 2009.

Encounter between officer and defendant in parking lot of convenience store was consensual

"An encounter between a police officer and a defendant, as the defendant was walking to his car at a convenience store, in which the officer asked the defendant if he had anything was illegal, was consensual thus did not violate the defendant's Fourth Amendment rights. A police car had parked 12 feet behind the defendant's car. The four officers on the scene were uniformed and the officer did not advise the defendant that he was free to leave. However, the encounter occurred in view of other patrons, and the officer did not touch the defendant until after he stated that he had a gun. Furthermore, only one of the officers approached the defendant, and the officer did not use an antagonistic tone."
Citation: U.S. v. Thompson, 546 F.3d 1223 (10th Cir. 2008)


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Traffic stop of car with no license plates and no temporary permit in rear window was reasonable under Fourth Amendment

"An officer acted reasonably in conducting an investigatory stop of a car with no license plates and no temporary operating permit in the rear window, even if there was a temporary permit displayed in the front window. The officer was not required to perform the potentially dangerous maneuver of driving alongside and in front of the car to inspect the other windows, in order to have reasonable suspicion sufficient for a stop. In reaching this conclusion, the Supreme Court distinguished cases in which officers saw temporary permits on defendants' vehicles before they conducted stops, and thus lacked reasonable suspicion of a licensing violation."
Citation: In re Raymond C., 45 Cal. 4th 303, 86 Cal. Rptr. 3d 110, 196 P.3d 810 (2008)


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Officer's stop of truck with temporary permit but no license plates was not reasonable

"An officer does not develop the reasonable suspicion necessary to support an investigatory stop of a vehicle merely by noting that the vehicle displays a temporary operating permit in lieu of license plates, and being aware that temporary operating permits are often forged or otherwise invalid. In this case, the officer gave no indication at the suppression hearing that the vehicle he stopped was an older model that presumably would have been issued plates in the past. But even if such evidence had been presented, it would not have supported the stop, since the temporary permit could have been issued because the plates were lost or damaged."
Citation: People v. Hernandez, 45 Cal. 4th 295, 86 Cal. Rptr. 3d 105, 196 P.3d 806 (2008)


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Vehicle stop was not within community caretaking exception requirement to warrant

"Following authority in several other states, the Court of Appeal decided that the community caretaking exception to the warrant requirement could justify vehicle stops under some circumstances. The issue was one of first impression in the state. However, the stop of the vehicle in which the defendant was a passenger was not sufficiently reasonable to come within the exception. Although the defendant had walked unsteadily to the vehicle and was sweating, he could obtain assistance from the driver if any was necessary, and it would have been speculative to conclude that the defendant was suffering from a drug overdose."
Citation: People v. Madrid, 168 Cal. App. 4th 1050, 85 Cal. Rptr. 3d 900 (1st Dist. 2008)


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Defendant's conduct in resisting arrest and attempting to flee dissipated taint from his unlawful seizure, such that exclusionary rule did not apply

"A defendant's conduct in resisting arrest and attempting to flee following his illegal detention, based on an officer's mistake of law in believing that the defendant's conduct in walking in the middle of the road in a business district was unlawful, dissipated the taint from the unlawful seizure. Thus the exclusionary rule did not apply and the officers' observations of resistance were not subject to suppression in a prosecution for resisting an executive officer."
Citation: People v. Cox, 168 Cal. App. 4th 702, 85 Cal. Rptr. 3d 716 (3d Dist. 2008), review filed, (Dec. 23, 2008)


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Detention of defendant for nine minutes after passenger's arrest, while police waited for drug sniffing dog, did not violate the Fourth Amendment

"The detention of defendant and the driver of vehicle for nine minutes after a second passenger's arrest, while police officers waited for a drug sniffing dog to arrive at the scene, did not violate the defendant's Fourth Amendment rights. The initial traffic stop turned into a Terry investigative stop after the second passenger was arrested on an outstanding warrant based on a drug charge."
Citation: Henderson v. State, 2008 WL 5007215 (Md. Ct. Spec. App. 2008)


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Untruthful response must involve investigation of federal "law or regulation" to violate federal regulation

"A national park ranger who made a Terry stop in a federal enclave for purpose of assisting city police in their investigation of a gasoline drive-off theft was not investigating a violation of a federal "law or regulation," and thus the untruthful answer given by defendant in response to ranger's question of whether he was the driver who had left a filling station without paying did not violate a federal regulation prohibiting the provision of false information "to an authorized person investigating an accident or violation of law or regulation." The issue was one of first impression."
Citation: U.S. v. Cheek, 2008 WL 4943132 (D. Ariz. 2008)

Posted On: January 9, 2009

Book Review: The Sodomy Cases

TITLE: The Sodomy Cases
SUBTITLE: Bowers v. Hardwick and Lawrence v. Texas
AUTHOR: David A. J. Richards
PUBLICATION DATE: February 17, 2009
PUBLISHER: University Press of Kansas
PAGE COUNT: 232 pp.
ISBN: 978-0-7006-1636-7 (Cloth)
978-0-7006-1637-4 (Paper)
PRICE: $35.00 (Cloth); $16.95 (Paper)

NYU law professor Richards is a widely published and respected author of academic/crossover books dealing with the law and social issues, such as gay rights and feminism. He focuses on two key Supreme Court cases: the 1986 decision in Bowers v. Hardwick upholding Georgia's anti-sodomy laws and the 2003 decision in Lawrence v. Texas striking down Texas' anti-sodomy laws and overturning Bowers. He shows how Bowers arose during a period of ongoing interpretative debates over the right to privacy and examines both opinions in light of the Court's affirmation in Roe v. Wade (1973) of the reproductive rights of an unmarried individual. He then shows that Lawrence must be understood in the context of later privacy rights cases, notably Casey, which overtly reaffirmed Roe, and Romer, which prohibited the selective proscription of antidiscrimination laws, both thereby requiring that Bowers be reconsidered and overturned. Along the way, the author articulates a theory of what he terms the human right of intimate life manifest in the Constitution and its history of judicial interpretation. He traces important currents of political thought which underlay this concept and shaped its trajectory, from Revolutiony ideology, through the Constitutional Convention and its ratification debates, the Civil War amendments and beyond, pointing to slavery's abrogation of marriage and family rights and to state attempts to proscribe contraception as events which ultimately led the Supreme Court to take seriously gender as a classification arguably as important as race. Recommended for academic, public, and law libraries.

Philip Y. Blue, New York State Supreme Court Criminal Branch Law Library, First Judicial District, New York, New York

Posted On: January 9, 2009

ABA Journal Weekly Newsletter

Top Ten Stories of the Week
January 9, 2009.

Layoffs
Clifford Chance Plans to Ax Up to 80 Associates, Asks Partners to Ante Up
Jan 8, 2009, 07:18 am CST

Attorney Fees
Judge Finds Dewey's $100K-a-Day Fee Application is Excessive
Jan 6, 2009, 09:15 am CST

ABA Journal
Some People Love the Blawg 100 a Little Too Much
Jan 7, 2009, 02:53 pm CST

Legal Marketing
Biggest-Advertising Lawyer Spent $20M in 2007
Jan 7, 2009, 08:20 am CST

Careers
Paralegals Outrank Lawyers on Best Jobs List
Jan 8, 2009, 10:01 am CST

Law Practice Management
Top Cravath Partner: Kill Billable Hour
Jan 6, 2009, 06:50 pm CST

Executive Branch
Obama Battles DC Lawyers Over His BlackBerry
Jan 8, 2009, 05:57 am CST

Legal Ethics
Lawyer Won $2.4M for Client, But Should Get No Attorney Fee, 2nd Circuit Says
Jan 7, 2009, 03:03 pm CST

Law Students
Survey Captures 3L Ennui
Jan 7, 2009, 11:20 am CST

Contracts
Calif. Law Student's Class Action Wins $33M Tuition Refund
Jan 6, 2009, 05:53 pm CST

Posted On: January 9, 2009

Wisconsin State Law Library Newsletter

January 2009

Happy New Year!

The January 2009 issue of WSLL @ Your Service has been published at http://wsll.state.wi.us/newsletter/0901.html In this issue:

* What's New: Upcoming classes; WSLL now offers Wi-Fi; Program highlights services/resources for attorneys
* Your Library Resolutions for 2009: A few ways WSLL can help you out this year
* This Just In... - New print materials in the Wisconsin collection
* Tech Tip in Brief: Google's Magazine archive; Don't forget the (rechargeable) batteries
* Odds 'n' Endings: A few more New Year's resolutions, and New Year's Day in history

Posted On: January 9, 2009

American Libraries Direct

The e-newsletter of the American Library Association - January 7, 2009

Selected highlights*

Judge overrules Philadelphia branch closings
A Philadelphia judge has ordered Mayor Michael Nutter to halt his planned closing of 11 branches of the Free Library of Philadelphia. Court of Common Pleas Judge Idee C. Fox (right) issued the ruling December 30 in response to an emergency motion filed by three city council members who argued that the closures would violate a 1988 city ordinance requiring the mayor to obtain council approval before shutting any city-owned facility....
American Libraries Online, Jan. 5

Protect patrons’ privacy
ALA Editions has released a new title, Privacy and Confidentiality Issues: A Guide for Libraries and their Lawyers, by Theresa Chmara. In this clear and concise guide, set up in an FAQ format, First Amendment attorney and litigation expert Chmara shares her decades of experience in easy-to-understand, jargon-free language. Interspersed within the questions and answers, actual court case studies lend a sense of urgency to the explanations....

Date change for Los Angeles Lawyers for Libraries
ALA will present a Lawyers for Libraries training institute February 27 in Los Angeles. The previously announced date was February 20. The Lawyers for Libraries Institute is primarily intended to equip attorneys with tools they need to effectively defend the First Amendment in libraries....

Internet use grows at meetings
Until recently, travelers attending conferences had simple internet needs. They would check email messages and look up information on the Web or connect to the home office. Now, meetings are likely to include streaming video and online interaction. Back in their rooms, travelers are downloading movies and logging onto peer-to-peer networks. Event organizers and hotels and conference centers are struggling to keep up and prevent internet gridlock....
New York Times, Dec. 29


Continue reading " American Libraries Direct " »

Posted On: January 9, 2009

Library School News: Graduate School of Library and Information Science at Dominican University Granted Reaccreditation

On June 29, 2008, the American Library Association Committee on Accreditation voted to release the program from its conditional status and grant reaccreditation for the full seven years to the program leading to a Master’s of Library and Information Science (MLIS) degree at Dominican University. The accreditation status of the program explicitly includes all sites offering courses that are part of the program listed above.

A Celebration of Reaccreditation was held in Parmer Hall Atrium on September 12, 2008 from 5 p.m. to 7 p.m., with faculty, staff, students, advisory board and Alumni Council Members, and friends of the program, along with President Donna Carroll made remarks and helped celebrate.

Also:

On Thursday, November 6th, the Executive Committee of the Dominican University Board of Trustees approved the university’s proposal to award a PhD in library and information science. With this approval in hand, Dominican University will now submit paperwork to the appropriate accreditation agencies, seeking degree authorization by the end of next semester.

This offering has been considered in recent years in response to the fact that the field of library science is growing in complexity, and since metropolitan Chicago has one of the largest populations of librarians in the country. A market feasibility study commissioned in 2007 confirmed the demand for the PhD, so with the hard work of our faculty committee consisting of Karen Brown, Bill Crowley, Mary Pat Fallon, Christine Hagar, Debra Mitts-Smith, Kanti Srikantaiah, Michael Stephens and the committee chair, Steven Herb, it is closer to becoming a reality.

Posted On: January 9, 2009

The Role of Libraries in Economic Hard Times

We received the following e-mail today from Jennifer S. Murray of the Maricopa County Superior Court Library in Arizona and would like to share it with you:

For those who might be interested, I wanted to share this link to today’s Diane Rehm Show audio file on the role of libraries in economic hard times:
http://wamu.org/programs/dr/09/01/07.php#24509

Posted On: January 9, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - Lexis

Update from the Lexis Alert Service,

January 8, 2009

1. People v. Molloy, 4975, 2789/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7; 2009 N.Y. App. Div. LEXIS 14, January 6, 2009, Decided, January 6, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, ...

2. People v. Lubbe, 4963, 7131/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 35; 2009 N.Y. App. Div. LEXIS 17, January 6, 2009, Decided, January 6, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Arlene R. Silverman, ...

3. People v. Anonymous, 4959 7146/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 31; 2009 N.Y. App. Div. LEXIS 32, January 6, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Rena K. Uviller, ...

4. People v. Goldstein, 4976, 527/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8; 2009 N.Y. App. Div. LEXIS 6, January 6, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Carol Berkman, J.), ...

5. People v. Wallace, 4948, 1922/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 23; 2009 N.Y. App. Div. LEXIS 35, January 6, 2009, Decided, January 6, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (A. Kirke Bartley, ...

6. People v. Olmeda, 4970, 1869/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2; 2009 N.Y. App. Div. LEXIS 29, January 6, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (James A. Yates, ...

7. People v. Reddick, 4618, 2880/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9169; 56 A.D.3d 344; 868 N.Y.S.2d 28; 2008 N.Y. App. Div. LEXIS 8658, November 20, 2008, Decided, November 20, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Carol Berkman, J. ...

Continue reading " New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - Lexis " »

Posted On: January 9, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - Lexis

Update from the Lexis Alert Service,

January 7, 2009

1. People v. Howell, 4652, 6053N/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9264; 56 A.D.3d 373; 867 N.Y.S.2d 331; 2008 N.Y. App. Div. LEXIS 8809, November 25, 2008, Decided, November 25, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edwin Torres, J.), ...

2. People v. Lynah, 4656, 1417/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9268; 56 A.D.3d 375; 2008 N.Y. App. Div. LEXIS 8791, November 25, 2008, Decided, November 25, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Gregory Carro, J.), ...

3. People v. Vasquez, 4660, 1990/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9272; 56 A.D.3d 378; 2008 N.Y. App. Div. LEXIS 8804, November 25, 2008, Decided, November 25, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Carol Berkman, J. ...

4. People v. Kurell B., 4661, 4662, 2873/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9273; 56 A.D.3d 379; 2008 N.Y. App. Div. LEXIS 8801, November 25, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Gregory Carro, J.), ...

5. People v. Ross, 4664, 1285/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9275; 56 A.D.3d 380; 2008 N.Y. App. Div. LEXIS 8816, November 25, 2008, Decided, November 25, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Michael J. Obus, ...

6. People v. Green, 4588, 5885/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9278; 56 A.D.3d 390; 2008 N.Y. App. Div. LEXIS 8808, November 25, 2008, Decided, November 25, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Richard D. Carruthers, ...

7. People v. Cardoza, 4677, 5504/97, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9285; 56 A.D.3d 396; 2008 N.Y. App. Div. LEXIS 8803, November 25, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bonnie G. Wittner, ...

Continue reading " New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - Lexis " »

Posted On: January 9, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - Lexis

Update from the Lexis Alert Service,

January 1, 2009

1. People v. Vallevaleix, 4921, 511/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10203; 2008 N.Y. App. Div. LEXIS 9955, December 30, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Marcy L. Kahn, ...

2. People v. Hodge, 4939, 1743/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10218; 2008 N.Y. App. Div. LEXIS 9939, December 30, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Robert Stolz, J.), ...

3. People v. Richardson, 4919, 6344/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10201; 2008 N.Y. App. Div. LEXIS 9936, December 30, 2008, Decided, December 30, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bonnie G. Wittner, ...

4. People v. Holloway, 4910, 4748/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10193; 2008 N.Y. App. Div. LEXIS 9935, December 30, 2008, Decided, December 30, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Michael R. Ambrecht, ...

Posted On: January 9, 2009

Findlaw Case Summaries: Second Circuit U.S. Court of Appeals

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

January 5-8, 2009:

ADMINISTRATIVE LAW, GOVERNMENT LAW, MEDIA LAW, MILITARY LAW

Associated Press v. US Dep't of Def., No. 06-5352

In a Freedom of Information Act (FOIA) action brought by the Associated Press against the Department of Defense, judgment mainly for AP ordering the DOD's disclosure of, inter alia, Guantanamo detainee identifying information contained in records of DOD's investigations of detainee abuse at Guantanamo is reversed where: 1) detainees and their family members have a measurable privacy interest in the nondisclosure of their identifying information in such records; 2) the AP failed to show how the public interest would be further served by disclosure of their identities; and 3) thus, the identifying information is exempt from disclosure under the FOIA privacy exemptions.

ATTORNEY'S FEES, PROFESSIONAL MALPRACTICE

Chen v. Chen Qualified Settlement Fund, No. 06-1302, 06-3810

In a case arising from a medical malpractice action which had been settled, denial of attorney's application for attorneys' fees is affirmed where: 1) the district court did not abuse its discretion in denying the application based on a finding that attorney engaged in misconduct with respect to the fees and expenses in the case and that he failed to represent his client adequately with respect to the post-settlement proceedings in the district court; and 2) the record did not support his claim of bias

CRIMINAL LAW & PROCEDURE, EVIDENCE, SECURITIES LAW, WHITE COLLAR CRIME

US v. Kelley, No. 06-5536

A conviction for securities fraud and wire fraud is affirmed where: 1) although the use of bogus account statements to lull defrauded investors is not in and of itself sufficient to establish a securities law violation, the use of such statements is relevant as evidence to prove, inter alia, a defendant's intent to defraud and the extent of the scheme employed; and 2) thus, there was no error in admitting such evidence in this case.

ATTORNEY'S FEES, BANKRUPTCY LAW, CIVIL PROCEDURE, COMMERCIAL LAW, CORPORATION & ENTERPRISE LAW

In Re: Smart World Techs., LLC, No. 08-1721

In the bankruptcy context, pre-approval of a fee agreement under 11 U.S.C. section 328(a) depends on the totality of the circumstances, including whether the professional's application, or the court's order, referenced section 328(a), and whether the court evaluated the propriety of the fee arrangement before granting final, and not merely preliminary, approval. In the circumstances of this case, the circuit court rules that: 1) the bankruptcy court's Retention Order was a pre-approval within the meaning of 11 U.S.C. section 328(a); and 2) no subsequent developments warranted modifying the terms of appellee-firm's retention. ..

CIVIL PROCEDURE, COMMERCIAL LAW, CONTRACTS, INTERNATIONAL LAW

CP Solutions PTE, Ltd. v. Gen. Elec. Co., No. 07-3444

In a commercial contract dispute, dismissal of plaintiff's complaint for lack of subject matter jurisdiction is reversed and remanded where: 1) contrary to the district court's ruling, one of the defendants was not an indispensable party; and 2) thus, that defendant could be dropped as a party so as to preserve diversity jurisdiction.

CRIMINAL LAW & PROCEDURE, SENTENCING

US v. Uddin, No. 07-3121

A sentence for food stamp fraud and theft of public property is affirmed where, despite the absence of data as to the exact amount of loss, the district court's loss calculation was a reasonable estimate of the loss caused by the defendant, and its forfeiture calculation was not plainly erroneous.


Continue reading " Findlaw Case Summaries: Second Circuit U.S. Court of Appeals " »

Posted On: January 7, 2009

Minutes of the U.S. Federal Reserve Open Market Committee Dec. 15-16, 2008

A meeting of the Federal Open Market Committee was held in the offices of the Board of Governors of the Federal Reserve System in Washington, D.C., on Monday, December 15, 2008 at 2:00 p.m. and continued on Tuesday, December 16, 2008 at 9:00 a.m.

To see the Minutes, click on the link below:

Minutes of the Federal Open Market Committee for December 15-16, 2008, Released by the Board of Governors of the Federal Reserve System


Posted On: January 6, 2009

Lesley Ellen Harris - Copyright New Media Law and E-Commerce News

The Copyright, New Media Law and E-Commerce News is prepared by copyright lawyer Lesley Ellen Harris with the help of Beth Davies. Issues are posted here in their entirety for strictly noncomercial use in accordance with guidelines stipulated by Ms. Harris.:

Vol. 13, No. 1, January 5, 2009

ISSN 1489-954X

Contents:

1. Studies, Legislation and Conventions (nothing to report)

2. Legal Cases:

Music Industry Set to Abandon Mass Piracy Lawsuits

Harry Potter Lexicon Decision Analyzed

Judge Rules Facts Are Not Copyright-Protected

Hasbro Drops Lawsuit Against Makers of Scrabulous

Canadian Copyright Board Increases Tax on Blank Compact Disks

3. Of Interest:

Advice for Obama’s New Chief Technology Officer

Popeye the Sailor Man Now Copyright-Free in E.U.

Stanford Intellectual Property Litigation Clearinghouse

4. Seminars and Publications:

Certificate in Copyright Management for Librarians

Online Copyright Courses

Book: Licensing Digital Content: A Practical Guide for Librarians

__________________________________________________________________

__________________________________________________________________

Copyright, New Media & E-Commerce News is distributed for free by the office of Lesley Ellen Harris. Information contained herein should not be relied upon or considered as legal advice. Copyright 2009 Lesley Ellen Harris. This e-letter may be forwarded, downloaded or reproduced in whole in any print or electronic format for non-commercial purposes provided that you cc: lehletter@copyrightlaws.com.

This e-letter, from 1996 to the present, is archived with Library & Archives Canada at: http://epe.lac-bac.gc.ca/100/201/300/copyright/.

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1. STUDIES, LEGISLATION AND CONVENTIONS: (nothing to report)

__________________________________________________________________

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2 LEGAL CASES:

Music industry set to abandon mass piracy lawsuits – The Recording Industry Association of America (“RIAA”) has announced that it will no longer pursue legal action against Internet Service Providers (ISPs) for illegal downloads of music by their subscribers. Instead, the RIAA will rely on co-operation with ISPs, using approaches such as sending an email to the provider when it finds an ISP subscriber is making copyright-protected music available online without the permission of the copyright holder. In Fall 2008, the RIAA stopped filing its mass lawsuits against individuals.

HARRY POTTER LEXICON DECISION ANALYZED – The Association of Research Libraries (“ARL”) and the American Library Association (“ALA”) recently released an analysis of “fair use” in the recent Harry Potter case (see LEH-Letter Vol. 12 No. 6). The article, by Jonathan Band, entitled “How Fair Use Prevailed in the Harry Potter Case”, is at:

http://www.arl.org/bm~doc/harrypotterrev2.pdf.

JUDGE RULES FACTS ARE NOT COPYRIGHT-PROTECTED – A U.S. Judge has confirmed that facts in a documentary are not copyright-protected. Two documentary filmmakers, who made a movie called Ashes to Glory: The Tragedy and Triumph of Marshall Football, about the 1970 plane crash that killed the Marshall University football team, tried to sue Warner Brothers, who made a movie called We Are Marshall about the same subject. The judge in Novak v. Warner Bros. Pictures, held that the documentary filmmakers could only claim for breach of copyright if the two works were “substantially similar.”

HASBRO DROPS LAWSUIT AGAINST MAKERS OF SCRABULOUS – In December 2008, Hasbro dropped its lawsuit against the makers of the Facebook version of its Scrabble board game. Hasbro had sued R.J. Softwares, owned by two brothers from India who had developed the unauthorized online version of the game. R.J. Softwares said that it agreed not to use the term “Scrabulous” and had made changes to its game after the lawsuit had been filed.

CANADIAN copyright board increases tax on blank Compact disks – The Canadian Copyright Board announced that it will increase the tax on blank compact disks, from 21 cents to 29 cents. The levy for audiocassettes will remain at 24 cents. Although the decision applies as of January 1, 2008, the Board has decided not to collect retroactive levies.

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__________________________________________________________________

3 OF INTEREST:

ADVICE FOR OBAMA’S NEW CHIEF TECHNOLOGY OFFICER – An independent group has created a Web site to garner public input on what the top priorities of Obama’s new Chief Technology Officer should be. Web site visitors can vote on their top priorities, which at the moment include repealing the Digital Millennium Copyright Act (“DMCA”), and ensuring that the Internet is widely accessible and network neutral. The Web site is at http://ideas.obamacto.org/.

POPEYE THE SAILOR MAN NOW COPYRIGHT-FREE IN EU- Popeye the Sailor Man is now copyright-free in the European Union (“EU”). The work is in the public domain because it has been 70 years since the death of Elzie Segar, the Illinois artist who created Popeye.

STANFORD INTELLECTUAL PROPERTY LITIGATION CLEARINGHOUSE –Stanford Law School recently launched the Stanford Intellectual Property Litigation Clearinghouse (“IPLC”), an online database of information about intellectual property disputes in the U.S. The first release, the Patent Litigation module, includes more than 23,000 cases from 2000 onwards.

To view the database (free, registration required), go to: http://lexmachina.stanford.edu/.

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4. SEMINARS AND PUBLICATIONS:

CERTIFICATE IN COPYRIGHT MANAGEMENT FOR LIBRARIANS – This program, consisting of 5 online courses and 2 in-person courses, created in partnership between Copyrightlaws.com and SLA Click University, begins in January 2009. Participants have two years to complete the 7 courses required for the Certificate, or may take any course à la carte. The first course, Introduction to Copyright Management Principles & Issues, begins on January 6, 2009. For more information, go to: http://www.clickuniversity.org.

ONLINE COPYRIGHT COURSES– Copyrightlaws.com is offering courses on a variety of copyright topics. Between January and May 2009. Basic courses are delivered via e-mail and consists of e-mail lessons with a text lecture, further resources, and a self-marking quiz. Choose from:

· Canadian Copyright Law (January 12 - February 13, 2009)

· U.S. Copyright Law (January 12 - February 13, 2009)

· Practical International Copyright Law (April 20 - May 22, 2009)

Advanced courses include all the features of the basic courses, plus an interactive course blog:

· Managing Copyright Issues (January 12 - February 13, 2009)

· Copyright Education: Demystifying Copyright in your Enterprise (February 23 - March 20, 2009)

· Digital Content Management (April 20 – May 22, 2009)

· Copyright Law for Canadian Librarians (April 20 – May 22, 2009)

Assignment courses include e-mail lessons with a text lecture, further resources, a blog discussion, and assignments in each lesson:

· Developing a Copyright Policy (February 23 - March 20, 2009)

For further information, see: http://copyrightlawscom.blogspot.com/. Registration is at: www.acteva.com/go/copyright.

BOOK: LICENSING DIGITAL CONTENT: A PRACTICAL GUIDE FOR LIBRARIANS - Written by Lesley Ellen Harris, the 2nd edition of this book published by ALA Editions will be available by June 2009. Keep updated on the revisions and publication of the 2nd edition at: www.licensingdigitalcontent.blogspot.com.

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This newsletter is prepared by Copyright Lawyer Lesley Ellen Harris. Lesley is the author of the books Canadian Copyright Law (McGraw-Hill), Digital Property: Currency of the 21st Century (McGraw-Hill), and Licensing Digital Content (ALA Editions). Lesley edits the print newsletter, The Copyright & New Media Law Newsletter. Lesley may be reached at: http://copyrightlaws.com.

__________________________________________________________________

__________________________________________________________________

This LEH-Letter issue was prepared with the help of Beth Davies.

If you are looking for further topical and practical information about copyright law, obtain a sample copy of the print newsletter, The Copyright & New Media Law Newsletter, from http://copyrightlaws.com.


Posted On: January 6, 2009

Still Broken: New York State Legislative Reform: 2008 Update

An update to the Brennan Center reports issued in 2004 and 2006

BY: Andrew Stengel, Lawrence Worden, and Laura Seago

From the Brennan Center for Justice at New York University School of Law website at
http://www.brennancenter.org/

Jan. 5, 2009 – In an update to reports released in 2004 and 2006, the Brennan Center's Still Broken: New York State Legislative Reform 2008 Update finds that the legislative process in Albany remains broken, and offers concrete recommendations for reform. "While there isn't much to cheer about looking back in either chamber, there is the promise of substantial reform from the likely new incoming Senate majority. We hope at least one chamber will reform the rules needed to remake the legislature," says Andrew Stengel, report co-author and Director of National Election Advocacy at the Brennan Center...

For links to the 2008 Update , its summary and recommendations, and information about the authors, click here

Posted On: January 6, 2009

New York Appellate Criminal Cases Originating from the NY Supreme Court New York County

Update from the Lexis Alert Service,

1. People v. Riley, 4865, 4795/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10035; 2008 N.Y. App. Div. LEXIS 9794, December 23, 2008, Decided, December 23, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

2. People v. Merzianu, 4876, 5955/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10042; 2008 N.Y. App. Div. LEXIS 9784, December 23, 2008, Decided, December 23, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Robert Stolz, J.), ...

3. People v. Williams, 4897, 2656/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10056; 2008 N.Y. App. Div. LEXIS 9780, December 23, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (James A. Yates, ...

4. People v. Deleon, 4891, 6622/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10052; 2008 N.Y. App. Div. LEXIS 9773, December 23, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Laura A. Ward, ...

5. People v. Sears, 4896, 3043/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10055; 2008 N.Y. App. Div. LEXIS 9778, December 23, 2008, Decided, December 23, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (James A. Yates, ...

6. People v. Santiago, 4894, 456/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10054; 2008 N.Y. App. Div. LEXIS 9783, December 23, 2008, Decided, December 23, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Laura A. Ward, ...

Continue reading " New York Appellate Criminal Cases Originating from the NY Supreme Court New York County " »

Posted On: January 5, 2009

Selections from New on LLRX.Com for December 2008

www.llrx.com

**Neurolaw and Criminal Justice
http://www.llrx.com/features/neurolaw.htm
"Ken Strutin's article highlights selected recent publications, news sources and other online materials concerning the applications of cognitive research to criminal law as well as basic information on the science and technology involved".

**Deep Web Research 2009
http://www.llrx.com/features/deepweb2009.htm
"Marcus P. Zillman's guide includes links to: articles, papers, forums, audios and videos, cross database articles, search services and search tools, peer to peer, file sharing, grid/matrix search engines, presentations, resources on deep web research, semantic web research, and bot research resources and sites."

**The Government Domain: Wrapping Up 2008
http://www.llrx.com/columns/govdomain40.htm
"E-gov expert Peggy Garvin provides an overview of the significant developments in the world of online government information this past year. According to Peggy, overall the year saw a push by individuals and nongovernment organizations for increased access to digital government information. Specifically, new official government and non-government websites came online, and existing sites developed more sophisticated features".

**A Guide for the Perplexed: Libraries and the Google Library Project Settlement
http://www.llrx.com/features/googleprojectsettlement.htm
"Jonathan Band's article outlines the settlement’s provisions, with special emphasis on the provisions that apply directly to libraries. The settlement is extremely complex (over 200 pages long, including attachments), so this paper of necessity simplifies many of its details"

CONTACT:
Sabrina I. Pacifici
Founder, Editor, Publisher
LLRX.com, established in 1996
www.llrx.com
spacificATearthlinkDOTnet


Posted On: January 5, 2009

United States of America v. Illinois Governor Rod Blagojevich and John Harris

Motion to Disclose Intercepted Communications to the Special Investigative Committee
of the Illinois House of Representatives

The UNITED STATES OF AMERICA, by its attorney, Patrick J. Fitzgerald,
United States Attorney for the Northern District of Illinois, respectfully submits this
Motion to Disclose Intercepted Communications to the Special Investigative Committee
of the Illinois House of Representatives, and in support of the motion,... U.S. District Court Nothern District of Illinois, Eastern Division CR 1010.

United States of America v. Rod Blagojevich and John Harris No CR 1010 12-29-2008


Posted On: January 5, 2009

Findlaw Case Summaries: Criminal Law and Procedure

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

December 29, 2008 - January 3, 2009

U.S. 1st Circuit Court of Appeals, December 31, 2008
US v. Andrade, No. 081175
In a prosecution for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. section 922(g)(1), denial of a motion to suppress the firearms and ammunition seized by police officer is affirmed where police officer's actions were reasonable under the totality of circumstances.

U.S. 2nd Circuit Court of Appeals, December 31, 2008
US v. Spinelli, No. 99-1344, 99-1394
Conviction for conspiracy to commit murder and assault with a dangerous weapon, both for the purpose of increasing and maintaining a position in a racketeering enterprise, and related offenses are affirmed. Although the prosecutor erred by vouching to the jury that the government's cooperating accomplices had never perjured themselves or falsely implicated anybody in a crime, her improper remarks did not justify disturbing the verdict.

U.S. 4th Circuit Court of Appeals, December 30, 2008
US v. Dews, No. 086458
In prosecutions for distribution and possession with intent to distribute cocaine base and money laundering, denial of defendants' motions for reductions of sentence is reversed and remanded where: 1) defendants agreed to plead guilty if the district court would sentence them to a guidelines term of imprisonment of 168 months, and the district court did so; and 2) defendants did not agree that they would not seek relief under section 3582(c)(2) in the event the Sentencing Commission retroactively amended a relevant guideline.

U.S. 5th Circuit Court of Appeals, December 29, 2008
US v. Elashyi, No. 06-10176
Convictions of illegally exporting computer equipment, money laundering, dealing in property of a designated terrorist, and related offenses are affirmed for 4 of 5 co-defendants over their various unmeritorious challenges, including insufficiency of the evidence, improper admission of hearsay evidence, and improper jury instructions. One defendant's conviction was reversed, however, on certain of the charges where the government's prosecution of him breached an unambiguous plea agreement stemming from earlier charges involving the very same facts and circumstances.

U.S. 5th Circuit Court of Appeals, December 23, 2008
US v. Percel, No. 07-20236
Convictions arising from a conspiracy to possess and distribute five kilograms or more of cocaine are affirmed. Judge did not commit plain error by omitting the word "not" when reciting the requested "no-adverse-influence" instruction, given that the written jury instructions contained the correct wording. Testimony made by two witnesses pursuant to a plea agreement was properly admitted and was sufficient for the jury to convict, where the jury was properly instructed to weigh the credibility of these witnesses with great care. (Revised opinion) .

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Posted On: January 5, 2009

Findlaw Case Summaries: Constitutional Law

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

December 29, 2008 - January 3, 2009

U.S. 9th Circuit Court of Appeals, December 30, 2008
Gonzalez v. Duncan, No. 06-56523
A sentence of 28 years to life imprisonment under California's "Three Strikes" law violates the Eighth Amendment where: 1) the offense was Petitioner's failure to update his annual sex offender registration within five working days of his birthday; and 2) he was living at his registered address throughout the relevant time period. Habeas relief is warranted because the state court's application of the gross disproportionality principle was objectively unreasonable.

U.S. D.C. Circuit Court of Appeals, December 30, 2008
Kaemmerling v. Lappin, No. 07-5065
The Prison Litigation Reform Act does not require convicted felon to exhaust administrative remedies on his Constitutional challenge to the DNA Analysis Backlog Elimination Act because the Federal Bureau of Prisons has no discretion not to collect his DNA, and hence there is no administrative process to exhaust. Dismissal is affirmed for failure to state a claim for relief, since extraction and storage of appellant's DNA does not burden his religious exercise.

California Appellate Districts, December 29, 2008
Grossmont Union High School Dist. v. California Dep't of Educ., No. C056138
In a claim against defendant-California Department of Education seeking declaration that plaintiff-high school should not have to pay for mental health services for special education students because of a reduction in state funding for such services, judgment in favor of defendant-department of education is affirmed where: 1) plaintiff-high school was not an intended beneficiary of the federal-state special education funding laws; 2) the requirement that plaintiff-high school provide services to special education students did not deprive regular students of equal protection, although regular education programs would be cut; 3) plaintiff's complaint failed to state a cause of action; and 4) because plaintiff-high school did not suggest how the complaint might be amended, leave to amend was properly denied.


Posted On: January 2, 2009

New York: Letter from Governor David Paterson to Barack Obama and Joseph Biden

Letter to President-elect Barck Obama and Vice President-elect Joseph Biden from New York Governor David Paterson

Posted On: January 2, 2009

Bernard Lawrence Madoff

Bernard Lawrence Madoff was arrested on December 11, 2008 on a ciminal complaint and has been charged with" perpetrating the largest investor fraud ever committed by an individual." Below are some excerpts and links to articles and documenrs related to this matter. As this matter unfolds we expect to both add and perhaps revise information as appropriate:

The first excerpt is from the WIKI posting Bernard Lawrence Madoff. Although some may question linking to WIKI postings for this type of material, we have looked at this entry and believe it is useful as an introduction to both Bernard Madoff and his alleged activities":

"Bernard Lawrence Madoff (IPA: /ˈmeɪdɑf/) (born April 29, 1938) is a businessman and former chairman of the NASDAQ stock market. He started the Wall Street firm Bernard L. Madoff Investment Securities LLC in 1960 and was its chairman until December 11, 2008, when he was charged with perpetrating the largest investor fraud ever committed by a single individual.[1]"" "This article documents a current event. Information may change rapidly as the event progresses."

The second excerpt is from a U.S. Department of Justice website which also includes links to some current related documents which are currently available. See:

http://www.usdoj.gov/usao/nys/madoff.html

UPDATE:
Bernard Madoff is scheduled to appear at the US. District Court, Southern District this afternoon, January 5, 2009 for a bail hearing. For more information see:

http://www.bloomberg.com/apps/news?pid=20601103&sid=afPlF6F7fqK8&refer=news

Some Related Documents:

Madoff - U.S. House Investigation Request 12-17-2008

Statement from Chairman Christopher Cox Regarding Madoff Investigation by Securities Exchange Commission (SEC)