Posted On: February 27, 2009

Selected Documents Regarding President Obama's 2010 Fiscal Year Budget Submission

Yesterday President Barack Obama presented his proposed budget for fiscal year 2010. The $3.6 trillion budget as presented represents a significant change in nearly 30 years of governing philosophy. The following are links to the 134 page budget booklet and selected accompanying documents:

President Obama's Proposed Budget for Fiscal Year 2010

Tables of Budget Line Items to Accompany President Obama's FY 2020 Budget

Key Features of President Obama's Fiscal Year 2010 Budget

Republican Caucus Fact Sheet: President Obama's FY 2020 Budget


Posted On: February 27, 2009

ABA Journal Weekly Newsletter

Top Ten Stories of the Week ending February 27, 2009:

Law Practice Management
Attorney Layoff Alternative: Temporary 10% Pay Cut at Much Shelist
Feb 23, 2009, 04:42 pm CST

Law Practice Management
February Free Fall: Major Firms Lay Off Another 2,000-Plus Attorneys and Staff
Feb 26, 2009, 11:55 am CST

Government Law
ACLU Backs Florida Bait Shop Ticketed for Displaying US Constitution
Feb 24, 2009, 03:31 pm CST

Law Practice Management
'Survivor's Guilt': What to Say When a Colleague Is Laid Off
Feb 23, 2009, 02:54 pm CST

Financial Crisis
Law Firm Consultant: 'I've Never Seen It This Bad'
Feb 24, 2009, 12:15 pm CST

Law Schools
Law Applications Surge at Some Schools, But National Increase Is Less Than 1%
Feb 24, 2009, 02:33 pm CST

Legal Ethics
Fish & Richardson Accused of Dropping Then Suing Client, Quickly
Feb 25, 2009, 09:55 am CST

Women in the Law
At 14 Law Firms, Partner Promotions in 2008 Didn't Include Women
Feb 25, 2009, 10:30 am CST

Layoffs
Pillsbury Offers 'Voluntary Departure Plan' to Lawyers
Feb 24, 2009, 11:25 am CST

Criminal Justice
Swayed By Lawyer's Book, Jurors Ask Judge for New Trial in '93 Case
Feb 23, 2009, 10:42 am CST

Posted On: February 25, 2009

2008 Annual Report: Committee on Libraries and Education Technology, New York State Assembly

The following is from the Introduction to the 2008 Annual Report: Committee on Libraries and Education Technology, New York State Assembly.* A link to the entire Report follows.

I. COMMITTEE JURISDICTION
The Libraries and Education Technology Committee was created in 1997 under the
leadership of Assembly Speaker Sheldon Silver. The Committee has jurisdiction over legislation
introduced concerning the many issues affecting public, academic, school and private libraries.

The Committee develops and reviews legislation affecting the administration and funding of libraries and library systems across New York State. As today's explosion in information technology has placed new demands on libraries, we are mindful of our responsibility to ensure that New York's libraries will be able to meet the challenges of the information age. The work done by the Committee assists libraries to sustain the infrastructure and staff resources necessary to allow all New Yorkers access to technological advances available through New York's vast library community.

Libraries are integral to the educational and cultural development of all New Yorkers. Through a wealth of electronic and print media, New York's libraries provide individuals and communities with exposure to information that broadens their intellectual, social and cultural experiences. New York State has over 7,000 libraries that serve our citizens in many capacities. Many of these libraries are among the largest and the best in the country. Of the forty largest libraries in the United States, six are located in New York, more than in any other State. New York's largest library, the New York Public Library, contains over ten million volumes and is among the top research institutions in the world. Among New York's most cherished resources, our lbraries provide support for all those in search of information, knowledge, enlightenment or inspiration, whether they are students, teachers, researchers, academicians, authors, readers, job seekers, entrepreneurs or consumers.

As libraries are called upon to play an expanding role in educating New Yorkers, it is
imperative that our libraries receive the attention and support they require to answer the call as we move forward in the 21st century.

Click here to see the entire Annual Report.
____________________________________
*Many thanks to Errol Adams, Senior Law Librarian, New York City Civil Court, for bringing this publication to our attention.

Posted On: February 25, 2009

Adult Drug Court Research to Practice Initiative: FY 2009 Competition Grant Announcement

"The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance, in partnership with the National Institute of Justice, is pleased to announce it is seeking applications for funding under the Adult Drug Court Research to Practice Initiative. This program furthers the Department’s efforts to assist communities to develop effective drug court strategies for nonviolent substance-abusing offenders.":

Here is a link to the Announcement:

http://www.ojp.usdoj.gov/BJA/grant/09DrugCourtResearchSol.pdf

Posted On: February 25, 2009

New, Powerful, State-Of-The-Art Learning Technology Coming to the American Association of Law Libraries

The American Association of Law Libraries (AALL) is proud to announce it is adopting a new, powerful, state-of-the-art learning technology, which will provide a new learning gateway to all AALL members.

The new Ed2Go @AALLNET site will provide members with:

Online access to the AALL Annual Meeting program recordings, as well as archived Webinars, audio recordings, and video recordings

Continuing educational program handouts distributed electronically, adding convenience in an environmentally-friendly way

Advanced search capabilities, which will allow you to focus on your key areas of interest with maximum flexibility to find the materials where and when you need them

Online profiles so you can keep track of the continuing education programs in which you participate and determine areas where you need more education

Stay tuned to the AALL E-Newsletter for more news about when the Ed2Go @AALLNET site will be available

Posted On: February 25, 2009

Special Libraries Association Board of Directors Candidates for 2010 Announced

Special Libraries Association (SLA) has announced the slate of candidates for the 2010 Board of Directors. Two of the board candidates are members of the Legal Division Their names appear in bold type in list below:

2010 Board of Directors Candidates Announced

Alexandria, Virginia, February 18, 2009 - SLA has nominated eight candidates to run for election to the 2010 SLA Board of Directors. The candidates were identified by the SLA Nominating Committee, which annually solicits names of potential candidates from the membership, and is responsible for putting together a slate of candidates that has exceptional talent, is professionally diverse, and provides regionally balanced representation.
Members will have several opportunities to hear from and get to know candidates at the SLA 2009 Annual Conference & INFO-EXPO in Washington, D.C. The election will be held electronically in mid-September 2009. The elected candidates will take office on January 1, 2010.

The candidates running for election to the 2010 SLA Board of Directors are:

For President-elect

Agnes Mattis, Skadden, Arps, Slate, Meagher & Flom LLP, New York City
Cindy Romaine, Romainiacs Intelligence Research, Portland, Ore.

For Treasurer

Karen Kreizman Reczek, Bureau Veritas, Buffalo, N.Y.
Dan Trefethen, The Boeing Company, Seattle, WA

For Chapter Cabinet Chair-elect

Elizabeth Blankson-Hemans, Dialog, London, U.K.
Debal C. Kar, The Energy and Resources Institute, New Delhi, India

For Division Cabinet Chair-elect

Mary Ellen Bates, Bates Information Services, Longmont, Colo.
Stacey Greenwell, University of Kentucky, Lexington, Ky.

For more information about SLA's governance practices and leadership, please visit the Board of Directors section of our Web site at

http://www.sla.org/content/SLA/governance/bodsection/index.cfm.

About SLA

The Special Libraries Association (SLA) is a nonprofit global organization for innovative information professionals and their strategic partners. SLA serves more than 11,000 members in 75 countries in the information profession, including corporate, academic, and government information specialists. SLA promotes and strengthens its members through learning, advocacy, and networking initiatives. For more information, visit us on the Web at www.sla.org.

Posted On: February 24, 2009

CLLB Information Security Newsletter

February 2009 Volume 2 Number 2.

CLLB Information Security Newsletter

Monthly Cyber Security Tips
NEWSLETTER

February 2009
Volume 2, Issue 2

Cyber Security Trends for 2009

From the Desk of David Badertscher

The volume and complexity of cyber threats continue to increase. More of our activities—whether at home, school or work—involve computers and the Internet—in fact, in the not-too-distant future, your household appliances may be computerized and controlled remotely from your PDAs; simultaneously, the knowledge required to launch a successful attack continues to decrease. As we develop more defenses, the cyber criminals and hackers come up with new ways to attack our computers. These factors create an environment in which vigilance on a daily basis is required to help mitigate the risks. Threats such as identity theft, worms and viruses, loss of sensitive information and other malicious activity are part of an ever-evolving cyber security threat landscape.


Some of the key challenges we are facing in 2009 focus on application security. Application security is a crucial layer in a multi-tiered cyber security strategy. Building security in at the beginning of development is an important factor in minimizing potential vulnerabilities. We’ve seen the results when vulnerabilities in web applications are exploited, leading to SQL injection attacks, cross-site scripting and other malicious activity.


Cyber criminals take advantage of commercial web sites that have poor security to add code to the web site without the knowledge of the web hosting company. That code may silently re-direct the user’s computer to another site which will download malware to the user’s computer, without the user’s knowledge; the attackers may also add a script to the site that will automatically execute on the user’s computer.


Another alarming trend continues to be the evolution of cyber crime, which has morphed from fairly innocuous web-site hacking and “graffiti” attacks to organized crime syndicates seeking profit. Cybercrime is now big business. Attackers now want your credit card and other financial information as well as your social security number. According to a recent study by McAfee, the global cost of cyber crime due to identity theft and data breaches is an estimated $1 trillion dollars. Many data thefts are orchestrated by organized crime, both in the U.S. and abroad.


The economic recession is another factor that may impact cyber security challenges. The risks due to insider threats are another major concern, and are expected to increase due to the economic downturn. Additionally, phishing scams and other social engineering attacks will increase, as attackers try to take advantage of bank closings, claims for “easy credit” or other online scams. Phishing attempts are no longer easily detected based on misspelled words in the email scam, or claims of large sums of money left to you in some foreign location, for example. The phishing scams are becoming more targeted and more “realistic” in appearance.


Holidays and major news events are still popular vehicles for compromising computers. Valentine’s Day is this month and email messages are already circulating that will infect a user’s computer when the message is clicked. Once the computer is infected, the malware will attempt to capture the user’s personal information and transmit it to the cyber criminals.


What can be done to make to protect my computer and my personal information?


Good security is implemented through a multi-layer approach. Users can minimize risk by following the recommendations below:

· Install and maintain a firewall.

· Use anti-virus and anti-spyware software and set them to auto-update.

· Keep operating system and other software up-to-date by enabling the auto-update feature.

· Be cautious about all communications; think before you click. If an email appears to be a phishing communication, do not respond. Delete it.

· Do not open email or related attachments from untrusted sources.

· If you receive an email appearing to be from a legitimate business, requesting the submission of personal information, it is most likely a scam. Legitimate businesses do not send emails requesting personal information.

For additional information on protecting yourself from the latest cyber threats, please visit:

Phishing: How to Avoid Getting Hooked! www.msisac.org/awareness/news/2008-10.cfm
Web Browser Attacks www.msisac.org/awareness/news/2008-10.cfm

Online Shopping www.msisac.org/awareness/news/2007-12.cfm
Top Ten Cyber Security Tips www.msisac.org/awareness/news/2006-10.cfm

Brought to you by:

www.msisac.org

More News from the February 24, 2009 issue of SC Magazine:

Visa confirms another payment processor breach
Dan Kaplan February 23, 2009
Visa has confirmed that yet another payment processor has been hit by hackers.

Microsoft says password stealers pose biggest threat
Angela Moscaritolo February 20, 2009
The top two threat families on Microsoft's detection and removal list this month are online game password stealers. These threats are now predominantly occurring in the United States -- a shift from last June when they mostly were detected in China.

Senate report calls for new U.S. cybersecurity effort
Chuck Miller February 20, 2009
A new report released this week by the U.S. Senate's Homeland Security and Governmental Affairs Committee calls for a concerted national effort to overcome cybersecurity threats to the United States.


New Symbian mobile malware in the wild
Angela Moscaritolo February 20, 2009
A new worm is spreading in the wild, targeting mobile devices running Nokia's Symbian OS.

Government travel site hacked, remains shuttered
Greg Masters February 19, 2009
A government travel website used by a dozen federal agencies has been hacked and remains shuttered.

New Sality variant contains moneymaking twist
Angela Moscaritolo February 19, 2009
The newest variant of the Sality virus combines a little bit of old and a little bit of new to infect users.

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.



Posted On: February 24, 2009

Findlaw Case Summaries: Criminal Law

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

February 16 - February 20, 2009

U.S. 1st Circuit Court of Appeals, February 19, 2009
Yeboah-Sefah v. Ficco, No. 07-2585
Denial of habeus corpus relief by district court is affirmed where the state court reasonably concluded: 1) plaintiff's Sixth Amendment right to counsel was not violated because he made a knowing and intelligent waiver of counsel's conflict of interest; 2) plaintiff cannot satisfy standards set forth in Strickland and adequately prove constitutionally ineffective assistance of counsel; and 3) plaintiff right to due process was not violated as he was determined to be competent a week before the trial and no evidence was brought to light indicating the competency determination needed to be revisited.

U.S. 2nd Circuit Court of Appeals, February 17, 2009
Sledge v. Kooi, No. 07-1547
In a suit brought pro se by plaintiff alleging defendant violated his Eighth Amendment rights while incarcerated, grant of defendant's motion for summary judgment is affirmed. When facing pro se litigants who are repeat filers, absent a strong showing that the pro se litigant has acquired adequate experience more generally, a district court should limit the withdrawal of pro se litigant's special status to specific contexts in which the litigant's experiences indicates that he may fairly be deemed knowledgeable and experienced.

Continue reading " Findlaw Case Summaries: Criminal Law " »

Posted On: February 24, 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.

February 16 - February 20, 2009


U.S. 2nd Circuit Court of Appeals, February 17, 2009
Sledge v. Kooi, No. 07-1547
In a suit brought pro se by plaintiff alleging defendant violated his Eighth Amendment rights while incarcerated, grant of defendant's motion for summary judgment is affirmed. When facing pro se litigants who are repeat filers, absent a strong showing that the pro se litigant has acquired adequate experience more generally, a district court should limit the withdrawal of pro se litigant's special status to specific contexts in which the litigant's experiences indicates that he may fairly be deemed knowledgeable and experienced. .

U.S. 2nd Circuit Court of Appeals, February 17, 2009
New York State Restaurant Ass'n v. New York City Bd. of Health , No. 08-1892
In an action challenging the constitutionality of a law requiring restaurants to post caloric information on menus, the District Court's denial of plaintiff's motions for preliminary injunction, declaratory relief, and summary judgment, and grant of defendant's motion for summary judgment, are affirmed where New York Health Code 81.50: 1) is not expressly preempted by the Nutrition Labeling and Education Act of 1990; and 2) does not infringe on plaintiff's member restaurants' First Amendment rights. ..

U.S. 3rd Circuit Court of Appeals, February 20, 2009
Ponta-Garcia v. Att'y Gen. of the US, No. 07-2551
Petition for review of reinstatement of removal order is granted and the reinstatement determination is vacated and remanded where plaintiff contested the bases for the reinstatement order and offered support for his claims. ICE must then consider the evidence and attempt to verify the claim. The regulation governing the reinstatement of orders of removal is upheld as a valid construction of 8 U.S.C. section 1231(a)(5) and is not found to violate due process.

Continue reading " Findlaw Case Summaries: Constitutional Law " »

Posted On: February 24, 2009

U.S. Federal Trade Commission Rescinds Enforcement Policy Regarding Advertising of Books

On February 20, 2009 the U.S. Federal Trade Commission announced that it is rescinding the book advertising policy sometimes known as the "mirror image doctrine". Below is an excerpt from that announcement with links the complete FTC Announcement, the forthcoming notice in the Federal Register, an an article in the National Law Journal discussing this action:

"The Commission has approved the publication of a notice in the Federal Register rescinding the agency’s enforcement policy for advertising of books, also known as the Mirror Image Doctrine (MID). As detailed in the notice, which will be published soon and is available now on the FTC’s Web site and as a link to this press release, the agency is rescinding its stated policy that it will not ordinarily challenge advertising claims that promote the sale of books and other publications when the advertising purports only to express the opinion of the author, or to quote, i.e., 'mirror,' the contents of the book or publication...."

As noted above the National Law Journal has also published a Web-only article, FTC Rescinds Decades-old Enforcement Policy on Book Advertising, " by Marcia Coyle. (February 24, 2009)

Posted On: February 23, 2009

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

Update from the Lexis Alert Service,

February 23, 2009

1. People v. Jackson, 5272, 2369/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1289; 2009 N.Y. App. Div. LEXIS 1218, February 19, 2009, Decided, February 19, 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 (Robert H. Straus, ...

2. People v. Smith, 5262, 5263, 4629/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1281; 2009 N.Y. App. Div. LEXIS 1193, February 19, 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 (Charles J. Tejada, ...

3. People v. Ramos, 5276, 2962/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1292; 2009 N.Y. App. Div. LEXIS 1225, February 19, 2009, Decided, February 19, 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 (Ronald A. Zweibel, ...

4. People v. Grace, 5289, 2507/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1300; 2009 N.Y. App. Div. LEXIS 1217, February 19, 2009, Decided, February 19, 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, ...

5. People v. Taveras, 5266, 7631/84, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1284; 2009 N.Y. App. Div. LEXIS 1259, February 19, 2009, Decided, February 19, 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 of resentence, Supreme Court, New York County (William A. Wetzel, ...

6. People v. Burch, 5270, 4249/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1287; 2009 N.Y. App. Div. LEXIS 1212, February 19, 2009, Decided, February 19, 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, ...

7. People v. Proctor, 5279, 2204/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1294; 2009 N.Y. App. Div. LEXIS 1267, February 19, 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, ...

8. People v. Mims, 5294, 14959/90, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1303; 2009 N.Y. App. Div. LEXIS 1271, February 19, 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.), ...

9. People v. Bermudez, 5288, 6506/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1299; 2009 N.Y. App. Div. LEXIS 1273, February 19, 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 (Michael A. Corriero, ...

10. People v. Gabriel, 5267, 6714/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1285; 2009 N.Y. App. Div. LEXIS 1270, February 19, 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, ...

11. People v. McLaren, 5299, 1868/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1308; 2009 N.Y. App. Div. LEXIS 1272, February 19, 2009, Decided, February 19, 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, ...

12. People v. Reid, 5297, 232/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1306; 2009 N.Y. App. Div. LEXIS 1269, February 19, 2009, Decided, February 19, 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, ...

13. People v. Gordon, 5274, 1832/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1290; 2009 N.Y. App. Div. LEXIS 1220, February 19, 2009, Decided, February 19, 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 ...

Posted On: February 23, 2009

Book Review: The Supreme Court and the American Elite, 1789 - 2008

TITLE: The Supreme Court and the American Elite, 1789-2008
AUTHOR: Lucas A. Powe, Jr.
PUBLICATION DATE: April 2009
PUBLISHER: Harvard University Press
PAGE COUNT: 432 pp.
ISBN: 978-0-674-03267-5
PRICE: $29.95

A leading historian of the Supreme Court, Professor Powe clerked for Supreme Court Justice William O. Douglas before joining the University of Texas Law School faculty. In his latest work, the author decries what he calls the "Imperial Court," overly concerned with solidifying its primacy through a series of pretentious opinions designed to establish limits on congressional power. Detailing a litany of cases in which the Rehnquist Court overturned positive, progressive, and proactive legislation designed to protect and improve society, the Supreme Court turned to a rigid interpretaion of the Commerce Clause in an overreaching attempt to stifle Congressional attempts to exercise its regulatory authority ostensibly granted by the Constitution. Powe links the Supreme Court's late-Century mindset change with its attack upon reformist legislation designed to expand and extend rights and privileges to the needy and neglected, coinciding with the ascendancy of a Republican majority in Congress that began with the 1994 elections and continued until the recent mid-term election of 2006. Surfing a wave of electoral sentiment, the author notes, is a bad move for a Court cognizant of its historical legacy, and it may someday regret its decisions to invalidate the Violence Against Women Act, strike down the Gun Free School Zones Act, and abrogate damage remedy provisions under both the Age Discrimination and Americans with Disabilities Acts. 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: February 23, 2009

Q&A: Transcription Off Site of Court Recordings*

QUESTION:

Does anyone have any complaints about the accuracy of court transcripts prepared off-site by transcribers who were not in the court at the time of the recording?

Also, what kind of a certification and qualifications do you require for your court reporters in your area?

Our government is looking to start using digital recording monitored by a court monitor and transcription pools to replace court reporters.

What I am wondering is have you had issues with not having a certified court reporter type the transcript since you have changed over to the typing pool or off-site typist?

RESPONSE:

In South Dakota, we do not use off-site transcribers. All transcripts are prepared by official (court employed) court reporters, in-state freelance reporters who were in court and reported on the proceeding, or, in the case of electronically recorded proceedings, court recorders (court employed). We have had no complaints about accuracy. Our rule regarding use of electronically recorded proceedings is attached and also allows these proceedings to be transcribed by an official court reporter. In practice, we encourage these proceedings to be transcribed by a reporter.

RESPONSE:

[Deleted] the U.S. federal courts use audio recording for a lot of judges (and steno reporters for lots, too!), and of course many transcripts are produced from these recordings. Typically, the transcripts are produced by outside vendors that apply to each local court to perform that service (there is no national registry). As an example, my court's two judges both use audio recording for all hearings and trials, and we have a page on our local website listing the transcription firms (and other information). Go to http://www.nmcourt.fed.us/usbc/transcripts to see this information. If a firm/person wants to be added to our list, we check references with other courts as our primary means to assess qualifications.

Now, regarding the accuracy of the transcripts, I have never had even one complaint here. I believe the work done by the transcriptionists is excellent, even though they weren't in the courtroom at the time. If we ever had an accuracy problem, we would strike the offending firm from our list.
_____________________________
* All names and other forms of specific identification have been edited out to protect the privacy and confidentiality of participants.


Posted On: February 23, 2009

Q&A: Electronic Signatures*

QUESTION:

Does any one use electronic signatures for documents? We conduct video arraignments with detention facilities around our county and this would be most helpful and much more efficient. Any information you can provide will be appreciated.

RESPONSE:

There is a difference between electronic and digital. We use a live electronic, if that is what you are looking for and are gearing up to include digital on some forms.

We have used live electronic in our video bond call for eight years on Orders to Remand, among others forms. We also use an electronic signature for Orders of Protection, electronically certify them and email them directly to the Sheriff. What kind of information do you want?
___________________________________
*All names and other forms of specific identification have been edited out to protect the privacy and confidentialtiy of participants.

Posted On: February 23, 2009

Q&A: Communication With Hispanic Deaf Mute Defendant*


QUESTION:

"...We have a defendant charged with child molestation. The child is the defendant's niece. The defendant is in his 20s, is deaf and mute and family speaks Spanish. The family has created a home sign language to communicate with the defendant. The court has excluded the brother (father of the child molested) as someone to communicate between the court and the defendant due to the obvious conflict. A sister was questioned in court as to her ability to communicate and it was determined that the home sign language was extremely basic information and she did not have the ability to communicate the court process to the defendant nor did she understand the court process. Today we had an certified American Sign Language interpreter who also is a Spanish interpreter. He was able to communicate very basic words i.e. mother, father, Mexico, hospital but did not believe he could communicate well enough with the defendant to explain the court process or the allegations to him.

Have any of you encountered this situation, and if so, how did you handle it?"

RESPONSE:

Try www.rid.org. Certified Deaf Interpreters (CDIs) have expertise in this area.

If he could read English or Spanish, I would suggest using a realtime court reporter or Communication Access Realtime Translation (CART) provider. http://cart.ncraonline.org/Directory/default.htm.
_________________________________
*All names and other forms of specific identification have been edited out to protect the privacy and confidentiality of participants.



Posted On: February 23, 2009

Placement: U.S. Foreign Service Information Resource Officer

U.S. Department of State:

http://joblist.ala.org/modules/jobseeker/controller.cfm?rssjobid=12725

Foreign Service Information Resource Officer

U.S. Department of State, Washington, District of Columbia As a Foreign Service Information Resource Officer, your progressive and advanced experience in library or information center programs or services and knowledge of current information technologies could lead to a challenging, rewarding career with the U.S. Department of State. As you elevate your career and learn new skills, you'll provide leadership and support to 182 Information Resource Centers at U.S. embassies and consulates throughout the world, and you'll work with American Corner partnerships based in host country universities and libraries. We are looking for seasoned professional librarians well-versed in new technologies who like to travel, train and present.

In this time of sweeping change, you can make a meaningful contribution to the world while experiencing the career of a lifetime. When you rethink your place in the world and consider a career with the U.S. Department of State, you'll discover that each day brings new opportunities that will challenge your creativity and knowledge as you respond with efficient, on-target solutions in fast-paced and metimes mission-critical situations in locations around the globe.

Please visit

http://www.jobster.com/outreach/careers/The-US-Department-of-State/


*CAREERS REPRESENTING AMERICA*

U.S. citizenship is required. An equal opportunity employer.

Posted On: February 20, 2009

U.S. Government Printing Office Releases Federal Digital System (FDsys)

James Duggan, President of the American Association of Law Libraries (AALL) includes the following announcement in the February 2009 issue of his newsletter, From the Desk of James E. Duggan.:

"Earlier this month, the Government Printing Office (GPO) announced the release of the Federal Digital System (FDsys), GPO’s new digital system that provides access to government information from all three branches of government. At this first launch, FDsys contains more than 154,000 documents and many convenient features, including the ability to download metadata. While currently in public beta testing, FDsys is scheduled to replace the antiquated GPO Access in mid-2009.

During the past year, AALL and our members have provided support and feedback to GPO in the development of the new system. In May 2008, Mary Alice Baish testified before the House Committee on Appropriations’ Subcommittee on the Legislative Branch in support of GPO’s $21.2 million request for FDsys, which was a significant portion of their Fiscal Year 2009 Appropriations Request. In addition, many AALL members offered their comments in small focus groups with the FDsys team at the AALL Annual Meeting in Portland and more recently at GPO’s headquarters in Washington, D.C. We are pleased that the FDsys developers implemented many of our suggestions, including numerous improvements to the actual design of the Web site and the option of searching by citation.

While FDsys is in public beta testing, we encourage you to explore the site, test the search capabilities, and think about improvements you would like to see. Please send your comments to the FDsys team at pmo@gpo.gov."

Posted On: February 20, 2009

Chain of Custody: Authenticating Digital Evidence

The transition of evidence from paper to digital imposes new challenges to ensuring a proper "chain of custody'" in the authentication of digital evidence.

The legal group of Merrill Corporation has recently compiled a report which addresses this and related issues:

Report: AUTHENTICATING DIGITAL EVIDENCE: IDENTIFY AND AVOID THE WEAK LINKS IN YOUR CHAIN OF CUSTODY.

From the Introduction:

Introduction
Chain of custody is a familiar concept in criminal law, but until recent years it was foreign
to civil litigators. In the criminal law arena, police would seize evidence, seal it in a plastic
bag, label it and sign it into a locked evidence room. If the evidence was taken out for any
purpose (for example, for laboratory examination or testing) the withdrawal and its return
would be noted on the custody log. Any subsequent removal of the evidence from the
locked room would be unlikely until it was presented as evidence at trial.

Historically, evidentiary chain of custody was rarely an issue in civil litigation. The advent
of the digital age has made it a major issue because the actual nature of evidence in civil
litigation has undergone a radical transformation from tangible paper to electronic data.
In the electronic discovery publication, Arkfeld on Electronic Discovery and Evidence1, the
author notes the following regarding the importance of chain of custody:

The purpose of testimony concerning chain of custody is to prove that evidence has not
been altered or changed from the time it was collected through production in court.
Gallego v. United States of America, 276 F.2d 914 (9th Cir. 1960) (citing United States v.
S.B. Panicky & Co., 136 F.2d 413, 415 (2d Cir. 1943)). Chain of custody testimony would
include documentation on how the data was gathered, transported, analyzed and preserved
for production. This information is important to assist in the authentication of electronic data since it can be easily altered if proper precautions are not taken.

It is also much more complicated to handle electronic data as evidence than it is to sign in
tangible narcotics confiscated at the time of arrest and sign them out again at the time of
trial. That is because electronic discovery (e-discovery) is a multi-stage process and custody is
an issue at every one of those stages....

Please click on the link below to see the entire Report:

Authenticating Digital Evidence: Identify and Avoid The Weak Links in Your Chain of Custody

Posted On: February 20, 2009

ABA Journal Weekly Newsletter

Top Ten Stories of the Week ending February 20, 2009:

Law Practice Management
Last Week's Layoffs Saved Law Firms an Estimated $100M
Feb 17, 2009, 06:52 am CST

Law Firms
A&O to Ax Up to 250 Lawyers and 200 Staff, Freeze Pay and Ask Partners for Capital
Feb 19, 2009, 11:54 am CST

Layoffs
Laid-Off Lawyer Competes with Other Attorneys for Paralegal Jobs
Feb 17, 2009, 09:22 am CST

Midyear Meeting 2009
76% of Young Lawyers Glad They're Attorneys, Study Finds
Feb 14, 2009, 04:04 pm CST

Top ABA Midyear Meeting Headlines:

ABA House OKs Lateral Lawyer Ethics Rule Change
ABA Pushes for 1,000-Lawyer Legal Corps
Prof. Tribe Hints He's Available for DC Gig
Cuban-American Lawyer in Line to Head ABA
Economy & Politics Threaten State Courts, ABA House Told

Legal Ethics
Burned-Out Lawyer Plans to Opt Out, One Among Many on 'Dark Side' of Law
Feb 17, 2009, 03:05 pm CST

Bar Associations
Perfectionism, 'Psychic Battering' Among Reasons for Lawyer Depression
Feb 18, 2009, 09:40 am CST

Legal Ethics
Sarbanes-Oxley Governed Lawyer's 'Noisy Withdrawal' in Stanford Case
Feb 19, 2009, 08:41 am CST

ABA
How Pop Culture Defines Abe Lincoln
Feb 19, 2009, 12:16 pm CST

Legal Malpractice
Clients, Law Firms Get 'Savage' As Legal Malpractice Claims Increase
Feb 17, 2009, 02:33 pm CST

White-Collar Crime
Fla. Lawyer in $83M Real Estate Fraud: I Didn't Think It Was Criminal
Feb 18, 2009, 02:09 pm CST

Posted On: February 19, 2009

Digital Books and the Impact on Libraries: An Overview of the Summer 2008 Issue of Library Trends

BY STEVEN ESSIG*

Library Trends Volume 57, issue 1 focuses on “Digital Books and the Impact on Libraries”. Issue Editor Peter Brantley, Executive Director for the Digital Library Federation (DLF), introduces the discussion by summarizing several cataclysmic developments in the library and publishing worlds that are forever changing the production, delivery and acquisition of books and other print materials: namely, the increasing centrality of Google and the resulting uncertainties over the disruption of the traditional relationships between authors publishers and libraries and the disruptive effects of ubiquitous internet technology on people’s everyday lives. Brantley asks whether there are alternatives to Google-shaped agreements for librarians and publishers and what economies would be necessary to sustain these alternative agreements.

Among the articles that follow this introduction, particularly interesting discussions include that of Jason Epstein’s “The End of the Gutenberg Era” (pages 8-16). Epstein, formerly the editorial director of Random House and founder of Anchor Books, foresees a continued place for most current versions of the physical book (though purely reference materials such as encyclopedias will go totally online) but emphasizes a change in the manner of its distribution. Increased digitization will cut back elements of the previous supply chain reducing costs of the physical inventory, packaging etc. and replacing this costly and elaborate setup with a “practically limitless digital inventory”, making it possible to “email an entire book with all necessary metadata as easily as a letter” (15). Epstein then discusses his involvement with “On Demand Books”, a company marketing an “Espresso Book Machine” which prints books on demand from online digital files. He foresees this print-on-demand technology being setup as a sort of “ATM for books” where readers could order a title at their computers (much as they currently do at Amazon.com) and then collect the item at a nearby machine, perhaps located at a Kinko’s, Starbucks or local library or bookstore. For this setup to become widespread, there would need to be cooperation with publishers and other content providers; Epstein sees it as in the latter’s interest in cutting back on the current costly distribution infrastructure as well as in the chance to “exploit new technologies and markets” (16).

Other articles in this issue include Michael Jensen’s discussion of “Cultural Tenacity within Libraries and Publishers” (24-29). Picking up on Epstein’s point on the outmodedness of the older model of physical centralization, Jensen, director of strategic web communications for the Office of Communications of the National Academies and National Academies Press, sees a need for both librarians and publishers to fundamentally rethink their existing “cultures” and to pay more “attention to the personal - the customer, the citizen, the individual.” Concretely, that might involve - among other things - that publishers and librarians collaborate more closely with each other and with readers on things such as social tagging and possibly even create something like a “Scholarlicious” system for academic books.

Laura Dawson, an independent consultant to publishers and other service providers in the book industry, in “The Role of Self-Publishing in Libraries” (43-51) argues for the need for librarians to take self-publishing more seriously, while Sara Lloyd, head of digital publishing for Pan MacMillan, presents “A Book Publisher’s Manifesto for the Twenty-first Century: How Traditional Publishers Can Position Themselves in the Changing Media Flows of a Networked Era” (30-42). Reiterating several of Epstein and Jensen’s earlier points, Lloyd sees a new role for publishers in emphasizing content over distribution. Books are no longer a “definable product within covers” (32) and readers should be envisioned as “prosumers”, i.e. both producers AND consumers. The book is not simply a “unit or a product” to be read online nor is digitization simply a matter of digitizing “existing print texts” (32). Rather, publishers should seek to provide tools for reader interaction and communication. “Search” is now more important than simple “download” (37).

Other articles in this issue contain more technical discussions of digitization processes but also offer many useful insights for professional librarians. As a journal, Library Trends is always worth reading for its provocative analyses of current issues (and occasional controversies) in the areas of information acquisition and management.
___________________________________________
*We are fortunate that Steven Essig has agreed to write the above article. Steven is our Professional Librarian Intern for Reference and Research. He received his Masters of Library Science degree from St. Johns University in 2007 and his MA, Master of Arts Program in the Social Sciences from The University of Chicago in 1996.

Posted On: February 18, 2009

Number of U.S. Law Enforcement Officers Killed Falls Sharply in 2008

From: Resource Desk, Quinlan's Law Enforcement Enews Alert, February 17, 2008.

Last year was one of the safest years for U.S. law enforcement in decades. The number of officers killed in the line of duty fell sharply in 2008 when compared with 2007, and officers killed by gunfire reached a 50-year low.

Based on analysis of preliminary data, the National Law Enforcement Officers Memorial Fund (NLEOMF) and Concerns of Police Survivors (C.O.P.S.) found that 140 officers died in the line of duty last year. That is 23 percent lower than the 2007 figure of 181, and represents one of the lowest years for officer fatalities since the mid-1960s.

The reduction includes a steep, 40 percent drop in the number of officers who were shot and killed, from 68 in 2007 to 41 in 2008. The last time firearms-related fatalities were that low was 1956, when there were 35 such deaths. The 2008 figure is 74 percent lower than the total for 1973, when a near-record high 156 law enforcement officers were shot and killed.

"2007 was a wake-up call for law enforcement in our country, and law enforcement executives, officers, associations and trainers clearly heeded the call, with a renewed emphasis on officer safety training, equipment and procedures," NLEOMF Chairman and CEO Craig W. Floyd said in a statement. "The reduction in firearms-related deaths is especially stunning, given the tremendous firepower possessed by so many criminals today. The fact that law enforcement has been able to drive down the crime rate, and do so with increased efficiency and safety, is a testament to the hard work and professionalism of our officers," Floyd added.

In 2008, for the 11th year in a row, more law enforcement officers, 71, died in traffic-related incidents than from gunfire or any other single cause of death. Mirroring the nationwide drop in traffic fatalities among the general public last year, the number of officers killed in traffic incidents was down 14 percent from 2007, when a record high 83 officers died on the roadways.

Among other causes of death, 17 officers succumbed to job-related physical illnesses, three died in aircraft accidents, two were fatally stabbed, two died in bomb-related incidents, and one each was beaten to death, drowned, accidentally electrocuted, and died in a train accident.

Texas, for the second year in a row, had the most law enforcement officer fatalities, although the state's 2008 total of 14 was down from 22 in 2007. California had 12 officer fatalities, followed by Florida and Pennsylvania, with eight each. Thirty-five states, Puerto Rico, and the U.S. Virgin Islands lost officers in 2008. Eight officers serving with federal law enforcement agencies also died last year, down from 17 in 2007.

Floyd cited a number of reasons for the sharp decline in officer fatalities last year:

better training and equipment, plus a realization among officers that "every assignment is potentially life-threatening, no matter how routine or benign it might seem;"

increased use of less-lethal weaponry, including TASER stun guns, which allow officers to apprehend resisting violent offenders with less chance of assault or injury;

more officers wearing bullet-resistant vests-over the past 20 years, vests have saved more than 3,000 law enforcement lives;

a downturn in violent crime-the Department of Justice reported that violent crime is at its lowest level since 1973;

a tougher criminal justice system, with a record 2.3 million offenders in correctional facilities nationwide.

The report, "Law Enforcement Officer Deaths, Preliminary 2008 Report," is available at
http://www.nleomf.org/.

Source: National Law Enforcement Officers Memorial Fund

**For more articles like these, please see Quinlan's Law Enforcement Employment Bulletin.

Posted On: February 18, 2009

Findlaw Case Summaries: New York Court of Appeals

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

February 11,17, 2009.

CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Williams, No. 22mem09
The order of the Appellate Division is affirmed where there is no legal reason to upset the court's exercise of its discretion in allowing the prosecution to use prior convictions to impeach a defendant's testimony.

CRIMINAL LAW & PROCEDURE, INTERNATIONAL LAW
People v. Romeo, No. 7opn09
Reversal of a conviction for manslaughter is affirmed where the People's lengthy post-indictment delay occasioned by delaying their prosecution in favor of a Canadian prosecution violated defendant's constitutional right to a speedy trial.

CRIMINAL LAW & PROCEDURE, SENTENCING
People v. Taveras, No. 2opn09
Sentence for a criminal sexual act in the third degree and falsifying business records in the first degree is affirmed where the actus reus underlying the crime of criminal sexual act in the third degree does not constitute a "material element" of falsifying business records in the first degree, thus the Appellate Division correctly held that the sentencing court's imposition of consecutive sentences for these crimes was not in error.

CRIMINAL LAW & PROCEDURE
People v. Rouse, No. 8mem09
Order of the Appellate Division is reversed and the indictment dismissed where the People did not satisfy their statutory readiness obligation. .

INSURANCE LAW
In the Matter of the Ancillary Receivership of Reliance Ins. Co., No. ssm2ent09
In an insurance dispute, order of the Appellate Division is affirmed where the Appellate Division did not err in concluding that the insurance company could not rely on an August 1993 letter as the basis to avoid coverage under the claims-made policy.

Continue reading " Findlaw Case Summaries: New York Court of Appeals " »

Posted On: February 18, 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.

February 11, 13, 17, 2009.

CRIMINAL LAW & PROCEDURE, ETHICS & PROFESSIONAL RESPONSIBILITY, SENTENCING
U.S. v. Gutierrez, No. 083581
Conviction for possession of counterfeit checks and bank fraud and sentence of 24 months on each count, to run concurrently, is affirmed over claims of error that: 1) defendant's sentence was procedurally unreasonable because the District Court did not provide defense counsel a meaningful opportunity to speak before imposing a sentence, in violation of Rule 32 of the Federal Rules of Criminal Procedure; and 2) a sentence of twenty-four months' imprisonment was procedurally unreasonable because the District Court did not adequately consider the sentencing factors in 18 U.S.C. section 3353(a), provide sufficient reasons for imposing a sentence of twenty-four months' imprisonment, or address defendant's specific arguments for a non-Guidelines sentence

ADMINISTRATIVE LAW, FAMILY LAW, GOVERNMENT LAW, HEALTH LAW
State of New York v. U.S. Dep't of Health and Human Servs., No. 073858
In challenge to defendant's determination that the state's failure to comply with the "judicial determination of reasonable efforts" requirements in 45 C.F.R. section 1356.21(b)(2) rendered it ineligible for federal reimbursement of foster care maintenance payments, dismissal of plaintiff's action is affirmed where: 1) state's contention that section 1356.21(b)(2) conflicted with the statute it implemented, 42 U.S.C. section 672(a)(1), was incorrect; 2) section 1356.21(b)(2) required a judicial determination of state compliance with the reasonable child placement efforts set forth in 42 U.S.C. section 671(a)(15) as amended by the 1997 Adoption and Safe Families Act; 3) the plain language of section 672(a)(1) signaled Congress's intent to incorporate all "reasonable efforts" discussed in section 671(a)(15) into section 672(a)(1); and 4) state's complaint was properly dismissed pursuant for failure to state a claim. Read more...

ATTORNEY'S FEES, SECURITIES LAW
Trust for the Certificate Holders of the Merrill Lynch Mortgage Investors v. Love Funding Corp., No. 071050
In a case arising out of the sale of commercial mortgage-backed securities in an approximate amount of $100 billion, the court certified the following questions: 1) Is it sufficient as a matter of law to find that a party accepted a challenged assignment with the "primary" intent proscribed by New York Judiciary Law section 489(1), or must there be a finding of "sole" intent?; 2) As a matter of law, does a party commit champerty when it "buys a lawsuit" that it could not otherwise have pursued if its purpose is thereby to collect damages for losses on a debt instrument in which it holds a pre-existing proprietary interest?; 3) (a) As a matter of law, does a party commit champerty when, as the holder of a defaulted debt obligation, it acquires the right to pursue a lawsuit against a third party in order to collect more damages through that litigation than it had demanded in settlement from the assignor? (b) Is the answer to question 3(a) affected by the fact that the challenged assignment enabled the assignee to exercise the assignor's indemnification rights for reasonable costs and attorneys' fees?

CIVIL PROCEDURE, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
Sledge v. Kooi, No. 07-1547
In a suit brought pro se by plaintiff alleging defendant violated his Eighth Amendment rights while incarcerated, grant of defendant's motion for summary judgment is affirmed. When facing pro se litigants who are repeat filers, absent a strong showing that the pro se litigant has acquired adequate experience more generally, a district court should limit the withdrawal of pro se litigant's special status to specific contexts in which the litigant's experiences indicates that he may fairly be deemed knowledgeable and experienced.

CONSTITUTIONAL LAW, CONSUMER PROTECTION LAW, FOOD & BEVERAGES, HEALTH LAW
New York State Restaurant Ass'n v. New York City Bd. of Health , No. 08-1892
In an action challenging the constitutionality of a law requiring restaurants to post caloric information on menus, the District Court's denial of plaintiff's motions for preliminary injunction, declaratory relief, and summary judgment, and grant of defendant's motion for summary judgment, are affirmed where New York Health Code 81.50: 1) is not expressly preempted by the Nutrition Labeling and Education Act of 1990; and 2) does not infringe on plaintiff's member restaurants' First Amendment rights.

Posted On: February 18, 2009

Conference: Forensic Science for the 21st Century: The National Academy of Science Report and Beyond

To be held on April 3-4, 2009 in Tempe, Arizona.

The Sandra Day O'Connor College of Law at Arizona State University will host an international conference, Forensic Science for the 21st Century: The National Academy of Sciences Report and Beyond," on April 3-4 in Tempe, Ariz. The focal point of the conference, for which CLE will be available, is the long-awaited National Academy of Sciences' report on the future of forensic science, which will be released at 1 p.m. EST on Wednesday, Feb. 18, at a press briefing and via Webcast at www.national-academies.org Early registration for the conference, which offers a $250 discount off the at-the-door rate, closes on Friday, Feb. 27. The conference will include nearly three dozen renowned experts in the field, including both co-chairmen of the NAS forensic science committee, and many others. This conference is a must-attend for any practitioner who produces, uses or evaluates forensic science evidence, including prosecutors, public defenders, private attorneys, judges, forensic scientists, criminalists and others. Details: lst.law.asu.edu/FS09/index.html

Posted On: February 18, 2009

Findlaw Case Summaries: Constitutional Law

U.S. 4th Circuit Court of Appeals, February 09, 2009
Cloaninger v. McDevitt , No. 072054
In a claim against defendant-deputy sheriffs alleging violation of plaintiff's search and seizure rights under the Fourth and Fourteenth Amendments and his due process and equal protection rights, grant of summary judgment in favor of defendants is affirmed where: 1) there was no genuine dispute of fact material to defendants' qualified immunity suit under 42 U.S.C. section 1983; and 2) plaintiff's state law claims had abated, were abandoned, or failed as a matter of law.

U.S. 4th Circuit Court of Appeals, February 12, 2009
Waller v. City of Danville, Virginia, No. 072099
In a claim under Title II of the Americans with Disabilities Act (ADA) alleging defendant-city violated the Fourth and Fourteenth Amendments to the U.S. Constitution by unlawfully arresting decedent using excessive force and failing to properly train officers in dealing with the disabled, grant of summary judgment in favor of defendants is affirmed where any duty of reasonable accommodation that existed under the ADA was satisfied under the circumstances.

U.S. 5th Circuit Court of Appeals, February 09, 2009
Equal Employment Opportunity Comm'n v. Bd. of Regents for the Univ. of Louisiana Sys., No. 08-30327
In a suit alleging violations of the Age Discrimination in Employment Act, denial of defendant's motion to dismiss on Eleventh Amendment grounds is affirmed where the Eleventh Amendment does not shield a state from suit brought by a federal government agency to enforce a federal law, and the federal agency may seek make-whole relief on behalf of a private individual.

Continue reading " Findlaw Case Summaries: Constitutional Law " »

Posted On: February 18, 2009

Findlaw Case Summaries: Criminal Law

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

February 09 - February 13, 2009

U.S. 1st Circuit Court of Appeals, February 09, 2009
US v. Rivera-Rivera, No. 05-2495, 05-2498
Defendants' convictions and sentences stemming from the armed robbery of a lottery ticket business in Puerto Rico are affirmed over claims that: 1) a key witness's in-court identification was tainted by unnecessarily suggestive pretrial encounters; 2) the government failed to meet its burden of proving that the robbery affected interstate commerce; and 3) there were multiple errors during sentencing, including that the district court improperly imposed a 25-year mandatory minimum based on facts not found by the jury beyond a reasonable doubt.

U.S. 1st Circuit Court of Appeals, February 11, 2009
US v. Combs, No. 06-2258
A conviction for being a felon in possession of a firearm and ammunition is affirmed over claims that: 1) the trial court improperly declined to give his proposed jury instruction regarding witness intimidation; and 2) the government failed to offer sufficient evidence that the firearm and ammunition had traveled in interstate commerce.

U.S. 1st Circuit Court of Appeals, February 13, 2009
US v. Campusano, No. 07-1931, 07-2442
Defendants' sentences for drug offenses are affirmed over claims that: 1) for purposes of a drug quantity determination, defendants never intended to buy one hundred kilos and they lacked the financial capacity to do so; and 2) the district court erred in imposing a two-level sentence enhancement for obstruction of justice based on their testimony at trial.


Continue reading " Findlaw Case Summaries: Criminal Law " »

Posted On: February 18, 2009

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

Update from the Lexis Alert Service,

February 13,18, 2009

1. People v. Anonymous, 5224, 5721/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1005; 2009 N.Y. App. Div. LEXIS 1001, February 10, 2009, Decided, February 10, 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, ...

2. People v. James, 5229, 6659/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1009; 2009 N.Y. App. Div. LEXIS 998, February 10, 2009, Decided, February 10, 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. Davis, 5232, 5233, 2736/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1011; 2009 N.Y. App. Div. LEXIS 996, February 10, 2009, Decided, February 10, 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 ...
Amended; Judgment, Supreme Court, New York County (William A. Wetzel, ...

4. People v. White, 5194, 5680/06, 5116/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 986; 2009 N.Y. App. Div. LEXIS 1025, February 10, 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 (Charles H. Solomon, ...

5. People v. McCroskey, 5200, 5911/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 991; 2009 N.Y. App. Div. LEXIS 1026, February 10, 2009, Decided, February 10, 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, ...

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

Posted On: February 17, 2009

2009 Special Libraries Association Conference Preview

Martha L. Foote M.S.L.I.S, Chair of the SLA Legal Division has sent the following announcement which we are glad to post here for the benefit of some who might not otherwise see it:

The preliminary program for the 2009 SLA conference is now available on the web site at http://www.sla.org/pdfs/sla2009/09PCP_web.pdf. This year's conference has very strong programming, much of it coming from our own division. Please take a few minutes to review the content and make arrangements to attend SLA 2009.

Posted On: February 17, 2009

New Online Journal: Legal Information and Technology eJournal

Georgia K. Briscoe* of the University of Colorado School of Law Library has sent the following announcement which we are please to post here for the benefit of all law librarians and perhaps some others as well. Here is her announcement:

In case you haven't heard, there is a new online SSRN journal which academic technical services librarians will find useful. LEGAL INFORMATION & TECHNOLOGY eJOURNAL is edited by Randy Diamond and Lee Peoples. I am pleased to be a member of the editorial board representing technical services issues. The archive already includes over 150 papers and is growing daily. This ejournal provides another avenue for TS librarians to publish.

Subscribers to SSRN will soon start receiving email issues announcing works in progress and recent publications. SSRN will issue a formal announcement soon, but the editors are pleased to provide a pre-launch viewing. Detailed information from Randy and Lee follows. I hope you will check out this new opportunity for professional growth and development.

Best regards, Georgia

View Papers:
http://www.ssrn.com/link/Legal-Information-Technology.html

Subscribe:
http://hq.ssrn.com/jourInvite.cfm?link=Legal-Information-Technology
(If you do not already have an SSRN account, you may subscribe to the ejournal through your law school’s Legal Scholarship Network Site License: http://www.ssrn.com/SiteLic_orgSubscribers.cfm?netid=201

Journal Description:
http://www.ssrn.com/update/lsn/lsn_legal-info-tech.html

We thank the journal's founding sponsor MALLCO, the Mid-America Law Consortium for their generous support. Without MALLCO’s backing, this would not have gotten off the ground so quickly. We also thank the advisory board for their encouragement and thoughtful ideas about direction and focus. And we thank Janet Sinder from LLJ, Mike Chiorazzi from LRSQ, Mark Engsberg from IJLI, and Mary Hotchkiss from Perspectives for their efforts to maximize availability of their journals' content on the new eJournal. One of our goals for the eJournal is to generate more articles for the professional literature.

We are excited about the journal on several fronts. We aim to make it the premier eJournal in the field by featuring the works of law librarians and other academics. Obtaining feedback on works in progress, developing the profession’s scholarly agenda, and presenting our work to a wider audience are just a few examples of the journal’s potential. We hope it will inspire more of us to write, to share our work more readily within the profession, and to extend our knowledge to the broader legal academy and other disciplines interested in our field and expertise. The journal welcomes all significant contributions to legal information scholarship and to the practice of law librarianship http://www.ssrn.com/update/lsn/lsn_legal-info-tech.html

We are in the process of inviting LLJ, LRSQ, IJLI, and Perspectives authors to post their works back to 2005 and welcome all other publications from that time frame fitting within the journal’s subject matter. If you already have an SSRN account please upload your paper and classify it under the Legal Scholarship Network > LSN Subject Matter eJournals > Legal Information & Technology eJournal.

If you do not have an SSRN account it is very easy to set one up and upload your paper for free at: http://www.ssrn.com
We have also attempted to identify papers previously posted to SSRN for inclusion. In the short time frame we have been working, we will surely have missed some. If your paper is already on SSRN and we have not contacted you, please let us know and we can have it reclassified under the Legal Information & Technology eJournal.

We hope you enjoy the eJournal and welcome your feedback and suggestions.


Lee Peoples
Randy Diamond
Editors, Legal Information & Technology eJournal.
_____________________________________
*As mentioned, Georgia Briscoe is a member of the Editorial Board representing technical services issues.

Posted On: February 17, 2009

Copyright, New Media Law and E-Commerce News

Volume 13, Number 2 of this Newsletter is being reproduced in full on this posting with the permission of its Editor and Publisher, Lesley Ellen Harris. I am grateful to her for granting us this permission.

FROM THE OFFICES OF LESLEY ELLEN HARRIS
Copyright, New Media Law & E-Commerce News
__________________________________________________________________
__________________________________________________________________

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 Obamas 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/.
__________________________________________________________________
__________________________________________________________________

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

__________________________________________________________________
__________________________________________________________________

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.
__________________________________________________________________
__________________________________________________________________

3. OF INTEREST:

ADVICE FOR OBAMAS NEW CHIEF TECHNOLOGY OFFICER An independent group has
created a Web site to garner public input on what the top priorities of
Obamas 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/.

__________________________________________________________________
__________________________________________________________________

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 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.

__________________________________________________________________
__________________________________________________________________

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.

Posted On: February 17, 2009

Workshop on Legal Informatics and Legal Information Technology

We recently received the following information regarding a legal information and legal informatics workshop being held in Poznan, Poland on April 28, 2009, thanks to Robert Richards of Philadelphia, PA.:

Call for Papers: Workshop on Legal Informatics and Legal Information Technology, Poznan, Poland, April 28, 2009.

Submission details are at http://bis.kie.ae.poznan.pl/12th_bis/wscfp.php?ws=lit2009 .
Submission deadline: Feb. 22, 2009

Here is a description:

The Legal Informatics and Legal Information Technology workshop held as part of the 12th International Conference on Business Information Systems. The BIS Conference is held annually and is a leading world conference in the area of Business Information Systems. Submissions are rigorously refereed. Accepted papers are published in the Springer's Lecture Notes in Business Information Processing Series. After a long hiatus, the domain of Law and Information Technology is finally receiving much attention, not only from researchers, but also from practitioners. Hence there is a need for forums that discuss new research and innovative applications in Law and Information Technology.

The workshop is receptive to all papers dealing with any topic in the interdisciplinary domain of Law and Information Technology.

Topics

• Automated semantic indexing, information extraction and categorization of legal documents
• Computational models for legal reasoning
• Information Technology and Dispute Resolution
• Information Technology and Crime Prevention
• Knowledge Discovery and Data Mining in Law
• Knowledge management in the legal domain
• Legal argumentation
• Legal discourse modeling and legal reasoning
• Legal electronic agents
• Legal Expert Systems
• Legal ontologies and their creation and use
• Legal reasoning and its computer representation
• Natural language processing in law
• Online Dispute Resolution
• Question answering retrieval in law and governmental services
• Risk management in law
• Semantic Web technologies for law and e-government
• Specialized knowledge representation and logics for law
• Text mining and knowledge extraction in law

We realize that the deadline for submitting papers is drawing near, but thought perhaps there are some who have already prepared papers for other purposes that they would like to submit. Besides, the program looks interesting and timely.


Posted On: February 13, 2009

ABA Journal Weekly Newsletter

Top Ten Stories of the Week ending February 13, 2009:

Law Firms
Bloody Thursday: 6 Major Law Firms Ax Attorneys; More Layoffs at Others?
Feb 12, 2009, 01:54 pm CST

More Partner Bloodletting Predicted for 2009
Associate Laid Off Twice in Four Months Looks at the Bright Side
Hogan & Hartson Offers Sweet Buyout Deal to Senior Staff: 20-30 Weeks
WolfBlock Cuts Associate Salaries by 10%, Promises More Bonus Money
Lawyers at UK Firm Reduce Work Hours to Save Jobs

Law Firms
Oops. Confidential Settlement Revealed in Quinn Emanuel Brochure
Feb 10, 2009, 07:03 am CST

ABA Midyear Meeting 2009
ABA House to Air Live on the Web
Feb 11, 2009, 11:22 am CST

Law Practice Management
Despite Economy, Some Open New Law Firms--and Thrive
Feb 9, 2009, 03:41 pm CST

Civil Procedure
Judge Says Firm Must Explain 'Fraudulent' Removals or Pony Up $25K
Feb 10, 2009, 02:57 pm CST

Criminal Justice
Pa. Attorney Fatally Shot in Office Parking Lot
Feb 11, 2009, 12:26 pm CST

Attorney Fees
How Big Firms May Bill in 2011: Lower Fees and Associate Time
Feb 10, 2009, 09:49 am CST

Legal Ethics
Irked Judge Asks 3 Lawyers to Explain Alleged Secret Fee-Sharing Agreement
Feb 10, 2009, 05:47 pm CST

Legal Marketing
Law Firm Touts '60 Minute Divorce' (Poll)
Feb 11, 2009, 09:05 am CST

Law Practice Management
Locked-Out Lord & Whip Partner Pursues 'Nuclear Option'
Feb 11, 2009, 07:05 pm CST

Posted On: February 13, 2009

ABA: Request for Employee Benefit Q&As for Government Agencies

The following is from a letter we received this morning from Phyllis C. Borzi, Chair of the American Bar Association Joint ommittee on Employee Benefits. It is being posted for the benefit of those who would have an interest in responding:

Dear Employee Benefits Practitioner:

Every year, the Joint Committee on Employee Benefits (JCEB) presents questions from the members of the employee benefits committees of the six Sections of the ABA participating in the JCEB to various federal agencies in Washington, D.C. The agency meetings are held immediately before the May meeting of the Tax Section. This year the JCEB will be meeting with the IRS, DOL, SEC, PBGC, EEOC, HHS and CMS. This is your opportunity to ask technical questions of the staffs of the various agencies. The results of these meetings will be summarized in a written report which will be published on the JCEB website www.abanet.org/jceb/.

In order to provide the agencies with sufficient notice to answer the questions, the questions must be submitted to designated individuals by March 5, 2009. Each question to the IRS and DOL must contain your proposed answer and an analysis demonstrating why you think the answer is correct. Questions for the IRS and DOL which do not contain an analysis and proposed answer will not be submitted. Including the proposed answer and analysis is also recommended for the other agencies. For all agencies, questions previously submitted should not be resubmitted this year unless there has been an intervening event and no questions should be submitted that involve pending controversies before the agency or a controversy in litigation. For all agencies, please include a reference and citation to any case decision or on-going litigation that involves the question that has been posed.

Please address your questions and proposed answers to the following individuals:

TORT TRIAL &
INSURANCE PRACTICE
H. Douglas Hinson
Atlanta, GA
Jonathan Rose
Washington, DC
Teresa S. Renaker
Oakland, CA

STAFF
Christine A. Brunswick
Karen Case
Mary Karounos
Nancy Matthews
Washington, DC

CMS - Mark Stember
Kilpatrick Stockton
Suite 900
607 14th Street, NW
Washington, DC 20005-2018
MStember@KilpatrickStockton.com

DOL - Chantel Sheaks
Principal, Government Affairs
Buck Consultants, An ACS Company
1800 M Street, NW, Suite 800
Washington, DC 20036
Chantel.Sheaks@buckconsultants.com

EEOC - Thomas R. Standley
Marathon Oil Company
539 South Main Street, Rm 814-M
Findlay, OH 45840
trstandley@marathonoil.com

HHS - Kaye L. Pestaina
Vice President
National Health Compliance
SEGAL
1920 N Street, NW, 4th Floor
Washington, DC 20036
kpestaina@segalco.com

IRS - Anne Meyer
Snell and Wilmer
One Arizona Center
Phoenix, AZ 85004
ameyer@swlaw.com

PBGC - Harold J. Ashner
Keightley & Ashner LLP
700 12th Street, NW, Suite 700
Washington, DC 20005
haroldashner@keightleyashner.com

PBGC - Robert A. Miller
Calfee, Halter & Griswold LLP
800 Superior Avenue, Suite 1400
Cleveland, OH 44114
rmiller@calfee.com

PBGC - Stu A. Sirkin
Executive Director, National Tax
Performance and Reward
Ernst & Young, LLP
1101 New York Avenue, NW
Washington, DC 20005
Stu.Sirkin@EY.com

SEC - Mark Borges
Compensia Inc.
770 Tamalpais Drive, Suite 207
Corte Madera, CA 94925
mborges@compensia.com

The Agency Q & As have always been one of our most popular ABA activities. The success of this endeavor is directly dependent upon the number and quality of the questions which you provide. Thus, your questions are extremely important to the success of these meetings. The JCEB thanks you, in advance, for your active participation in this event.


Posted On: February 11, 2009

In Celebration of Abraham Lincoln

DAVID BADERTSCHER

Tomorrow is Lincoln's birthday; it is also the 200th anniversary of his birth, all of which calls for a special celebration of the life, works, and thought of such an inspiring individual. Our current President has said that he has found the thoughts and deeds of Abraham Lincoln to be a source of great inspiration. I too have been inspired by Lincoln's words, his principles, his focus on justice, his focus on equality, and his strong belief in our nation and our constitutional democracy; but as a law librarian working in a court setting I will focus primarily on books about Lincoln and leave the other topics to historians and others.

Before leaving this section however, I want to commend the American Bar Association (ABA) for its efforts to help make this a banner year for the Lincoln Bicentennial. They have been working with many other organizations, including the American Association of Law Libraries (AALL), to incorporate a celebration of the legacy of Lincoln in various events nationwide throughout the year. In addition they have prepared a comprehensive planning guide, "A Legacy of Liberty: Celebrating Lincoln's Bicentennial", which is being distributed widely. The ABA has also devoted a significant part of the February 2009 issue of its journal, The ABA Journal to features about Abraham Lincoln including his practice of law and discussions of what that practice has in common with that of lawyers today.

Now back to the books. The list below is divided into two sections. The first section consists of a few books about Lincoln recommended by William Safire in his New York Times Book Review article,"Lincoln Monuments". (February 8, 2009). The second list is of books devoted to Lincoln the lawyer. This list is based on books retreved through what we call bibliographic searching for materials about Lincoln as a lawyer. The listings will be brief and some abbreviated:

RECOMMENDED BOOKS (GENERAL)

McPherson, James M. ABRAHAM LINCOLN. (Oxford University).

White, Ronald C. Jr. A. LINCOLN: A Biography. Random House.

Burlingame, Michael. ABRAHAM LINCOLN: A Life. (Johns Hopkins University), 2 vols. 2000 pages.

Holzer, Harold and Joshua Wolf Shenk Eds. IN LINCOLN'S HAND: His Original Manuscripts With Commentary by Distinguished Americans, Bantam.

Holzer, Harold. THE LINCOLN ANTHOLOGY: Great writers on His Life and Legacy From 1860 to Now. (Library of America).

LINCOLN THE LAWYER: (These are listed in Books in Print format).

Lincoln the Lawyer

Author: Dirck, Brian Publisher: University of Illinois Press ISBN or UPC: 0-252-07614-1 (Active Record)
Format: Trade Paper Date: Dec 2008 Price: $19.95 Market: United States
Availability: Readily Available
ISBN 13: 978-0-252-07614-5


Lincoln, Lee, Grant, and Other Biographical Addresses

Author: Speer, Emory Publisher: Read Books ISBN or UPC: 1-4086-8446-2 (Active Record)
Format: Trade Paper Date: Jul 2008 Price: $29.45 Market: United States
Availability: Available for Order
ISBN 13: 978-1-4086-8446-7


The Papers of Abraham Lincoln: Legal Documents and Cases, Set

Author: Lincoln, Abraham et al. Publisher: University Press of Virginia ISBN or UPC: 0-8139-2606-8 (Active Record)
Format: Trade Cloth Date: Nov 2007 Price: $300.00 Market: United States
Availability: Readily Available
LC Class #: KF213.L53S76 2007 Dewey#: 973.7092 B ISBN 13: 978-0-8139-2606-3


Lincoln the Lawyer

Author: Dirck, Brian R. Publisher: University of Illinois Press ISBN or UPC: 0-252-03181-4 (Active Record)
Format: Trade Cloth Date: Mar 2007 Price: $29.95 Market: United States
Availability: Available for Order
LC Class #: E457.2.D575 2007 Dewey#: 973.7092 B ISBN 13: 978-0-252-03181-6


An Honest Calling: The Law Practice of Abraham Lincoln

Author: Steiner, Mark E. Publisher: Northern Illinois University Press ISBN or UPC: 0-87580-358-X (Active Record)
Format: Trade Cloth Date: Aug 2006 Price: $42.00 Market: United States
Availability: Available for Order
LC Class #: E457.2.S8 2006 Dewey#: 340.092 B ISBN 13: 978-0-87580-358-6


Courage and Country: James Shields

Author: Callan, J. Sean Publisher: Authorhouse ISBN or UPC: 1-4107-8895-4 (On Demand)
Format: Trade Paper Date: Jan 2004 Price: $24.95 Market: United States
Availability: Available for Order
LC Class #: E403.1.S5C35 2004 Dewey#: 973/.049162/0092 B ISBN 13: 978-1-4107-8895-5


Lincoln, the Constitutional Lawyer [1932]

Author: Zane, John Maxcy Publisher: Lawbook Exchange, Limited, The ISBN or UPC: 1-58477-257-3 (Active Record)
Format: Trade Cloth Date: Mar 2003 Price: $80.00 Market: United States
Availability: Available for Order
LC Class #: KF368.L52Z36 2002 Dewey#: 973.7/092 B ISBN 13: 978-1-58477-257-6


Life on the Circuit with Lincoln: With Sketches of Generals Grant, Sherman and McClellan, Judge Davis, Leonard Swett and Other Contemporaries, 1892

Author: Whitney, Henry Clay Publisher: Lawbook Exchange, Limited, The ISBN or UPC: 1-58477-115-1 (Active Record)
Format: Trade Cloth Date: Jan 2001 Price: $110.00 Market: United States
Availability: Available for Order
LC Class #: KF368.L52W48 2001 Dewey#: 973.7/092 B ISBN 13: 978-1-58477-115-9


Lincoln for the Defense: The Only Known Transcript of an Abraham Lincoln Criminal Jury Trial

Author: Plaetzer, Ross F. Publisher: High House Press, Incorporated ISBN or UPC: 0-9641176-0-6 (Active Record)
Format: Trade Paper Date: Sep 1994 Price: $15.95 Market: United States
ISBN 13: 978-0-9641176-0-0


Lincoln the Lawyer

Author: Hill, Frederick Trevor Publisher: William S. Hein & Company, Incorporated ISBN or UPC: 0-8377-0711-0 (Active Record)
Format: Trade Cloth Date: 1986 Price: $45.00 Market: United States
LC Class #: KF368.L52H55 1986 Dewey#: 349.73/092/4 B ISBN 13: 978-0-8377-0711-2


Lawyers Before the Warren Court: Civil Liberties and Civil Rights, 1957-66

Author: Casper, Jonathan D. Publisher: University of Illinois Press ISBN or UPC: 0-252-00244-X (Out of Print)
Format: Trade Cloth Date: Jun 1972 Price: $24.95 Market: United States
Availability: Hard to Find
LC Class #: KF298.C27 Dewey#: 342/.73/0850269 ISBN 13: 978-0-252-00244-1


Abraham Lincoln, the Lawyer-Statesman

Author: Richards, John Thomas Publisher: Library Reprints, Inc. ISBN or UPC: 0-7222-8804-2 (Active Record)
Format: Trade Cloth Date: Not Supplied Price: $98.00 Market: United States
ISBN 13: 978-0-7222-8804-7

SEE IMPORTANT ADDITIONAL INFORMATION BELOW:

Continue reading " In Celebration of Abraham Lincoln " »

Posted On: February 11, 2009

Hundreds of TV Stations Still Plan to Make the Switch to Digital on February 17

The following is posted as a service to those readers who still need to convert to digital television:

An article by Peter Whorisky and Kim Hart published in the February 11, 2009 Washington Post, "500 TV Stations Still Plan to Make Digital Switch Next Week,"explains "...the onset of the digital transition comes despite Congress's best intention to delay it." Although Congress has postponed the February deadline, nearly 500 full power television stations across the nation are preparing to move ahead to make the conversion and drop traditional over-the-air broadcasts on February 17, the original deadline date, as authorized in the DTV postponement legislation.

A Chart listing all TV stations (including those that will be converting early - highlighted in red) is included as an added feature accompanying the web version of this article To see the list click on the link below:

Full List of TV Stations Converting to Digital: Those planning to convert early are highlighted in red


Posted On: February 10, 2009

Good Breakdown of Comparative Funding Levels Between the House and Senate Versions of the Stimulus Legislation

I was going to post something about the comparative funding levels between the House and Senate versions of the stimulus legislation, but have just learned that ProPublica has already done so on their blog. Congratulations to ProPublica for a really good posting.

Here is the link. http://www.propublica.org/special/the-stimulus-bills-house-vs.-senate

Posted On: February 10, 2009

ALA: American Libraries Direct Newsletters

The following are links to issues of American Libraries Direct, the e-newsletter of the American Library Association from December 23, 2008 through February 4, 2009, including a special issue devoted to the "tough economy". Each link will take you to a particular newsletter issue as noted below:

http://link.ixs1.net/s/ve?eli=m292611&si=u98437424&cfc=3html December 23, 2008

http://link.ixs1.net/s/ve?eli=m292611&si=u98437424&cfc=3html December 24, 2008

http://link.ixs1.net/s/ve?eli=w298903&si=u98437424&cfc=3html January 8, 2008

http://link.ixs1.net/s/ve?eli=j302067&si=u98437424&cfc=3html January 14, 2008

http://link.ixs1.net/s/ve?eli=s304578&si=u98437424&cfc=3html January 20, 2009 (Special Tough Economy Issue).

http://link.ixs1.net/s/ve?eli=g305031&si=u98437424&cfc=3html January 21, 2008.

http://link.ixs1.net/s/ve?eli=o307940&si=u98437424&cfc=3html January 28, 2009.

http://link.ixs1.net/s/ve?eli=k310870&si=u98437424&cfc=3html February 4, 2009.


Posted On: February 9, 2009

New Web Based Pathfinder for Creating Metadata for Digital Legal Materials

Rob Richards an in independent law librarian and legal information consultant based in Philadelphia has pub together a Website listing resources useful in creating metadata for digital legal materials . According to Mr. Richards, "the site is intended for use by researchers studying legal information systems and by librarians building digital libraries of legal materials..." As he explains: "...I wasn't able to find a pathfinder for people new to the study of legal information systems..., so I wrote my own, and then put it on a Website in hopes that it might be helpful to others. Suggestions and comments are welcome." He can be contacted at richards1000@comcast.net

Here are the links to his site:

http://home.comcast.net/~richards1000/LegalInformationSystemsBibliography.htm#METADATA, and links to legal scholarly respositories, http://home.comcast.net/~richards1000/LegalInformationSystemsBibliography.htm#INSTITUTIONALREPOSITORIES (listing only stand-alone repositories of legal materials),

This web based pathfinder should be a useful resource for all interested in working within the framework of legal information systems to create metadata for digital legal materials, regardless of whether they are experienced or inexperienced.

Posted On: February 9, 2009

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

Update from the Lexis Alert Service,

February 5-9, 2009

1. People v. Hernandez, 5162, 1921/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 590; 2009 N.Y. App. Div. LEXIS 568, February 3, 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 (Charles H. Solomon, ...

2. People v. Coste, M3189 & 7277/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 578; 2009 N.Y. App. Div. LEXIS 586, February 3, 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 ...
Appeal from a judgment, Supreme Court, New York County (Budd G. Goodman, ...

3. People v. McBride, 4605, 1682/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 576; 2009 N.Y. App. Div. LEXIS 574, February 3, 2009, Decided, February 3, 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 (Bonnie G. Wittner, ...

4. People v. Rolle, 5164, 3264/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 591; 2009 N.Y. App. Div. LEXIS 570, February 3, 2009, Decided, February 3, 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 (Bonnie G. Wittner, ...

5. People v. Leiva, 5150, 5151, 1741/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 582; 2009 N.Y. App. Div. LEXIS 577, February 3, 2009, Decided, February 3, 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,

.6. People v. Wright, 5102, 6928/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 423; 2009 N.Y. App. Div. LEXIS 589, 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 (Edwin Torres, J.), ...

7. People v. Abney, [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7757; 2008 N.Y. App. Div. LEXIS 10300, October 14, 2008, Decided; March 20, 2006, Rendered, 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 ...
... 57 AD3d at 48] Accordingly, the judgment of the Supreme Court, New York County (William A. Wetzel, ...
... by Moskowitz, J. Judgment, Supreme Court, New York County, rendered March 20, ...
..

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

Posted On: February 9, 2009

Summary of Proposed U.S. Stimulus Legislation

This posting links to a summary of the highlights of proposed stimulus legislation. including the Nelson-Collins Amendment and other floor amendments as of February 6, 2009. It is not a complete listing of all programs and spending included in the proposed legislation, but it provides a good overview for those who need access to this information now.To see this document click on the link below. The Nelson-Collins Amendment as of now now (morning of 2-9-2009) appears to be the working Senate version of the proposed economic stimulus legislation.

U.S. Congress, Summary of proposed economic stimulus legislation under H.R.1 as included in Nelson-Collins Fact Sheet and Related Documents as of 2-6-09

Posted On: February 6, 2009

Preserving the American Historical Record Act (PAHR)

FROM: News from the [New York] State Archives, Region 1, No. 1-2/2009.

Preserving the American Historical Record Act (PAHR): The Act will authorize grants to support the essential evidence of American government and society held by state and local governments, historical societies, and libraries.

Status: On May 15, 2008, the Preserving the American Historical Record Act (H>R> 6056) was introduced in the 110th Congress. Original co-sponsors were Representatives Maurice Hinchey (D-NY) and Chris Cannon (R-UT). This legislation would provide authorization for the Preserving the American Historical Record program to preserve essential documents and archival records held in state and local governments and historical institutions….

The PAHR program leverages millions of additional dollars from state and local programs through a 50% cost-sharing requirement for every dollar granted. The projects funded will provide economic stimulus to states and communities by providing employment opportunities that will produce meaningful and direct benefits for local governments, students, and the general public…. As the program will be directed through existing state archives that are ready to distribute funds quickly, the effects an be almost immediate in localities and communities. (Excerpt from publication piece prepared by the Council of State Archivists (www.statearchivists.org), Society of American Archivists (www.archivists.org), and National Association of Government Archives and Records Administrators (www.nagara.org).

This legislation is very important to the continuation of our work to develop records management and archival programs to our agencies, and to give the people access to the public record. Please contact your local congressional representative (House and Senate) to support this important legislation.

Posted On: February 6, 2009

ABA Weekly Newsletter

Top Ten Stories of the Week
February 6, 2009

Law Firms
McDermott Lays Off 60 Lawyers and 89 Staff Members
Feb 3, 2009, 12:13 pm CST

Law Firms
Worried Lawyers Embrace Gordon Gekko's Wardrobe
Feb 5, 2009, 07:56 am CST

Careers
How to Answer the 'Greatest Weakness' Interview Question
Feb 3, 2009, 08:33 am CST

U.S. Supreme Court
CBS Legal Analyst Tells Scalia to Drop the 'Bully Routine'
Feb 5, 2009, 11:22 am CST

Work/Life Balance
1 Lawyer, 2 Jobs: Full-Time Baby-sitter Is Key in Family Life
Feb 2, 2009, 12:46 pm CST

Careers
Associates Trying to Retain Their Jobs Put Work-Life Concerns On Back Burner
Feb 5, 2009, 08:37 am CST

Personal Lives
Chicago Litigator Is Roller Derby's 'Ying O'Fire'
Feb 2, 2009, 12:43 pm CST

Law Firms
'Market Maker' GCs Send More Work to Midsize Firms
Feb 5, 2009, 07:26 am CST

Law Firms
Expert Sees Possible Big-Firm Shift to More Temp Lawyers, Pay Cuts
Feb 2, 2009, 06:31 am CST

U.S. Supreme Court
The Latest on Justice Ginsburg's Cancer Surgery
Feb 5, 2009, 12:08 pm CST

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Posted On: February 6, 2009

Publication: Federal Rules of Evidence 2009

Federal Rules of Evidence 2009
ISSN 566-5645
Published by Federal Evidence Review as a web based publication.

According to the publisher this publication consists of "a current version of the Federal Rules of Evidence...,originally enacted in 1975 and as amended to the present." It is "fully searchable using the Adobe Reader 'search' tool. Other publications produced by this publisher include: The Federal Rules of Evidence Advosory Committee Notes, available at http://federalevidence.com/notes. and Federall Evidence Review, a monthly electronic legal journal that highlights recent federal evidence cases and developments for subscribers. For subscription and other information go to http://federalevidence.com

Posted On: February 5, 2009

Madoff, Investors, and the Securities and Exchange Commission (SEC)

Recent news and developments regarding investors and the U.S. Securities and Exchange Commission ( SEC ) as related to the Madoff ponzi scheme:

The Securities and Exchange Commission (SEC) has posted information for Madoff investors at:
http://www.sec.gov/news/press/2008/2008-293-update.htm

See also NYT article 2-5-09: by Diana B. Henriques
"At Madoff Hearing, Lawmakers Lay Into S.E.C." at:

http://www.nytimes.com/2009/02/05/business/05madoff.html?partner=permalink&exprod=permalink
Washington Post article 2-5-09
"Lawmakers Sink Teeth into the SEC: Agency Mocked for Not Catching Madoff" by Frank Ahrens at

http://www.washingtonpost.com/wp-dyn/content/article/2009/02/04/AR2009020403399.html?wpisrc=newsletter

ADDITIONAL INFORMATION February 6, 2009:

An eclectic list which purports to name thousands of people who lost money in Mr. Madoff's alleged ponzi scheme has been released as part of his firm's bankruptcy court proceedings. It is reported to consist of a simple alphabetical listing of people who either were identified as customers in Mr. Madoff''s records or who identified themselves as customers by contacting Irving Picard, the court appointed trustee in charge of liquidating Mr. Madoff's assets, or the Securities Investor Protection Corporation. Soon after learning the list had been released, Josh Linsk a publisher transformed it into a searchable database. Mr. Linsk, not a Madoff investor himself, has said that if any person wishes to be removed from his version of the database, "we would honor that". His searchable database is at http://www.madoffsearch.com.*
___________________________________________
* Most of the above additional information was derived from material included in a Friday February 6, 2009 Wall Street Journal Article, "Madoff Clients Exposeed," by Dionne Searcey and Amir Efranti, pages A1, A10. We recommend that you read their entire article.


Posted On: February 5, 2009

The Future of Sentencing in New York State: Recommendations for Reform

A Report of the New York State Commission on Sentencing Reform, dated January 30, 2009 and released on February 3, 2009.

The Report, Future of Sentencing in New York State, calls for reforms to New York Stae drug laws; determinate sentencing, graduated and sanctions for parole violators are among the other recommendations offered.It provides the Governor, Legislature and Judiciary with several different options for historic reform.The State Commission on Sentencing Reform is a bi-partisan panel that has spent nearly two years studying New York States sentencing statutes before releasing this Report

Also see the Press Release announcing release of thr Report and New York State Executive Order Number 10 (March 5, 2007) under which the Commission was created:

http://www.criminaljustice.state.ny.us/pio/press_releases/2009-02-03_pressrelease.html

Executive Order No. 10 by former New York governor Eliot Spitzer, issued on March 5, 2007, established the New York State Commission on Sentencing Reform.

Posted On: February 3, 2009

ABA: Standards for Criminal Justice

"The "black letter" Standards for Criminal Justice are available on the Standards homepage at www.abanet.org/crimjust/standards/home.html Standards that heve been published with commentary since 1991 are also available in book format on the Web site as well as in hard copy. Listed below are the individual sets of Standards and the dates of publication."*

Collateral Sanctions and discretionary Disqualification of Convicted Persons (published 2004)

Criminal Appeals (published 1980, 1986 supp.)

Defense Function (published 1993, 4th ed. forthcoming

Discovery (published 1996)

DNA Evidence (published 2007)

Diversion and Special Courts (new; forthcoming)

Electronic Surveillance of Private Communications (published 2002)

Fair Trial and Free Press (published 1992)

Government Access to Third-Party Records (tentative title; forthcoming)

Joinder & Severance (published 1980; 1986 supp)

Legal Status of Prisoners (published 1983; 1986 supp., ed ed. forthciming)

Mental Health (published 1986; 1989)

Pleas of Guilty (published 1999)

Postconviction Remedies (published 1980, 1986 supp., 3d ed. forthcoming)

Pretrial Release (published 2007)

Prosecution Function (published 1993, 4th ed. forthcoming)

Prosecutorial Investigations ("black letter" approved; publication forthcoming

Providing Defense Services (published 1992)

Sentencing (published 1994)

Special Functions of the Trial Judge (publsihed 2000)

Speedy Trial and Timely Resolution of Criminal Cases (published 2006)

Technologically Assisted Physical Surveillance (published 1999)

Trial by Jury (pubished 1996)

Urban Police Function (published 1980)
____________________________________________
*22 Crimanal Justice 13 (Winter 2009).

Posted On: February 2, 2009

Recent Comments on Google and the Future of the Book

Sometimes it seems as though Google has become ubiquitous in the world of searching and may want to repeat its act in the world of books. While thinking about this, two articles, one forthcoming and one published Febrary 1 have come to our attention>

The forthoming article Google and the Future of Books* by Robert Darnton, Director of the Library and Carl H. Pforzheimer University Professor of Harvard has much to say on the subject and should be required reading for all who are concerned about these developments. He writes:

"How can we navigate through the information landscape that is only beginning to come into view? The question is more urgent than ever following the recent settlement between Google and the authors and publishers who were suing it for alleged breach of copyright..."

The second article Some Fear Google's Power in Digital Books by Noam Cahn was published in the February 1, 2009 New York Times. Although more of an overview that the first artice, it is still an interesting read and is also recommended. Mr. Cahn writes:

"In 2002, Google began to drink the milkshakes of the book world.

Back then, according to the companys official history, it began a secret books project. Today, that project is known as Google Book Search and, aided by a recent class-action settlement, it promises to transform the way information is collected: who controls the most books; who gets access to those books; how access will be sold and attained. There will be blood, in other words."