Posted On: March 31, 2009

Information and Communication Technologies Development Index

The new Information and Communications Index of the International Telecommunications Union (ITU) compares developments in information and communication technologies (ICT) in 154 countries over a five year period from 2002 to 2007.

The Index combines 11 indicators into a single measure that can be
used as a benchmarking tool globally, regionally and at the country
level. These are related to ICT access, use and skills, such as
households with a computer the number of Internet users; and literacy
levels.

The Index identifies the most advanced countries in ICT as from
Northern Europe, with the exception of the Republic of Korea. Sweden
tops the new Index, followed by Korea, Denmark, the Netherlands,
Iceland, and Norway. They are followed by other, mainly high-income
countries from Europe, Asia, and North America. Western and Northern
Europe and North America are the regions with the highest IDI scores,
and most countries from these regions are among the top twenty ICT
economies. Poor countries, in particular the least developed
countries, remain at the lower end of the index with limited access to
ICT infrastructure, including fixed and mobile telephony, Internet and
broadband.

Globally speaking, most progress has been made on ICT access, which
includes fixed and mobile telephony, Internet bandwidth, and
households with computers and Internet. In terms of ICT use, which
includes the number of Internet users, fixed and mobile broadband,
progress has been much slower. In particular broadband, a more recent
technology, still has to take off in many countries.

For further details of the full report, see the ITU press release on
their website:

http://www.itu.int/newsroom/press_releases/2009/07.html

Posted On: March 31, 2009

Report: Gun Violence and Illegal Firearms Trafficking on the U.S.- Mexican Border

A Report of the Violence Policy Center* authored by Senior Policy Analyst Tom Diaz

Introduction

Mexico is under siege, its democratic governance is at risk. This report examines the role of the
U.S. civilian gun market in the drug-related violence in Mexico that is creeping northward into
the United States.

Part One provides an overview of the conflict and its links with the United States. These links
include the “drug war,” the U.S. civilian firearms market, and transnational street gangs involved
in drug and firearms trafficking.

Part Two outlines in more detail the role of the U.S. civilian gun market in fueling the war in
Mexico. It focuses on weak regulation and the deliberate introduction of military-style firearms
that today define the civilian market.

Part Three suggests ways to control the firearms traffic. It emphasizes “upstream” measures to
inhibit the movement of firearms from legal commerce into illegal trade, as opposed to only law
enforcement efforts, which are aimed “downstream” and focus on apprehending and prosecuting
smugglers after the damage is done. Some steps can be taken immediately by strong presidential
leadership without the need for new legislation. Others require legislation or rule-making
procedures.
______________________
* The Violence Policy Center located in Washington D.C.is a national, non-profit educational organization that coordinates research and public education on violance in America and provides information and analysis to policymakers, journalists, advocates and the general public.

Posted On: March 30, 2009

New York State Lawmakers Reach Historic Agreement to Reform Rockefeller Drug Law

New York Governor David Paterson, Assembly Speaker Sheldon Silver, and Senate Majority Leader Malcolm Smith announced an agreement of Friday March 27 that would effectively end the harshest provisions of the New York Rockefeller Laws The Agreement ends mandatory jail for first-time and non-felony offenders. It also gives judges total authority to send non-violent addicts to treatment instead of jail.

The new drug reform agreement is included in New York budget bill A156 as Part AAA beginning on page 113. To see Part AAA in Microsoft Word format click on the link below to the information provided by William Halsted of the New York Legislative Retrieval System.

New York Rockefeller Laws Reform 2009 - Part AAA of A.156

Posted On: March 27, 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.

March 26, 2009

CRIMINAL LAW & PROCEDURE

People v. Bauman, No. 38

The dismissal of an indictment for depraved indifference assault is affirmed, where one count of the indictment charged eleven acts over an eight-month period and thus violated N.Y. Crim. Proc. Law 200.30(1)'s requirement that each count of an indictment charge only one offense


CIVIL PROCEDURE, ERISA

Kendall v. Employee Retirement Plan of Avon Prods., No. 07-4203
In an ERISA class action, district court's grant of plaintiff's motion to dismiss is affirmed where plaintiff lacks the constitutional standing to assert that the plan administrator breached a fiduciary duty or that the plan violates ERISA, as she can cannot show any individualized harm from a direct injury or an injury-in-fact.


EDUCATION LAW, TAX LAW

US v. Memorial Sloan-Kettering Cancer Ctr., No. 07-0926
In an action involving the FICA tax exemption for students, district court judgment is vacated where the district courts erred in ruling as a matter of law that medical residents are categorically ineligible for the FICA tax exemption for students, as the question of whether a medical resident qualifies for the student exclusion is a separate factual inquiry that must be reviewed on remand. The district court ruling that the monies paid by defendant to medical residents are not scholarships is affirmed.

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Posted On: March 27, 2009

Findlaw Case Sumaries: 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.

March 24-26, 2009

CRIMINAL LAW & PROCEDURE, SENTENCING

US v. Samas , No. 05-5213

Conviction and sentence for possession with intent to distribute and distribution of cocaine and cocaine base is affirmed where: 1) plaintiff's argument that the mandatory sentencing scheme in 14 U.S.C. sec. 841(b) violates the Equal Protection Clause fails, as the Supreme Court's decision in Kimbrough does not suggest that the powder to crack cocaine disparity in sec. 841(b)is unconstitutional; 2) the parsimony clause in 18 U.S.C. sec. 3553(a) does not conflict with the mandatory sentencing provisions in sec. 841(b); and 3) any error in sentencing did not affect plaintiff's substantial rights


CIVIL PROCEDURE, ERISA

Kendall v. Employee Retirement Plan of Avon Prods., No. 07-4203

In an ERISA class action, district court's grant of plaintiff's motion to dismiss is affirmed where plaintiff lacks the constitutional standing to assert that the plan administrator breached a fiduciary duty or that the plan violates ERISA, as she can cannot show any individualized harm from a direct injury or an injury-in-fact.

EDUCATION LAW, TAX LAW

US v. Memorial Sloan-Kettering Cancer Ctr., No. 07-0926

In an action involving the FICA tax exemption for students, district court judgment is vacated where the district courts erred in ruling as a matter of law that medical residents are categorically ineligible for the FICA tax exemption for students, as the question of whether a medical resident qualifies for the student exclusion is a separate factual inquiry that must be reviewed on remand. The district court ruling that the monies paid by defendant to medical residents are not scholarships is affirmed.

BANKRUPTCY LAW, PER CURIAM

Pleasant v. TLC Liquidation Trust, No. 07-4641

In a bankruptcy action, district court's judgment in favor of defendant is reversed and remanded where plaintiff's claim against defendant was not entered without a contest as defendants initially filed an objection to it. Defendant's motion to reconsider is thus subject to the one-year time limit under Rule 9024 of the Federal Rules of Bankruptcy Procedure and is untimely.


Posted On: March 27, 2009

Findlaw Case Summaries: U.S. Supreme Court

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

March 24-25, 2009

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

Knowles v. Mirzayance, No. 07-1315

The District Court's grant of Petitioner's habeas petition is reversed, where, whether the state court's denial of his ineffective assistance claim is reviewed under 28 U.S.C. section 2254(d)(1)'s standard or de novo, Petitioner failed to establish that his counsel's performance was ineffective


CRIMINAL LAW & PROCEDURE, SENTENCING

Puckett v. US, No. 07-9712

The plain-error test of Fed. R. Crim. P. 52(b), which instructs parties how to preserve claims of error, applies to a forfeited claim that the government failed to meet its obligations under a plea agreement, and applies in the usual fashion. Sentence for bank robbery is therefore affirmed.

.

Posted On: March 27, 2009

ABA Journal Newsletter

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

Law Practice Management
Why WolfBlock Didn't Merge to Survive
Mar 24, 2009, 05:58 pm CDT

Law Firms
March Began With Mayhem, But Blistering Layoffs Pace is Slowing
Mar 26, 2009, 01:34 pm CDT

But not yet stopping:

125 Laid Off at Dechert; 60 Cut at Edwards Angell

Clifford Firm Lays Off 24 NYC Associates, Defers Start Date for 2009 Incoming Class

And Now the 'Good News': Quinn Emanuel Cuts 'a Handful of People'

1st Layoffs Ever at Dunlap & Seeger; Minn. Firm Cuts 2 Lawyers, 3 Staff

Lawyer Layoff Surge is Hitting In-House Counsel Hard, Too

Law Firms
Partner Pay Cuts are New Signpost in Dismal Law Firm Economic Landscape
Mar 24, 2009, 02:49 pm CDT

In-House Counsel
Top Google Lawyer Earned More Than You in 2008
Mar 26, 2009, 01:26 pm CDT

Trials & Litigation
Fla. Judge Vaults Bench, Helps Subdue Suspect, Makes TMZ
Mar 25, 2009, 12:11 pm CDT

Careers
Law Grads Waiting for Jobs Worry About Insurance, Job Competition
Mar 24, 2009, 08:59 am CDT

Legal Ethics
Ex-Client Seeks $10M Legal Fees Clawback Over Ill-Fated Patent Litigation
Mar 24, 2009, 01:36 pm CDT

Law in Popular Culture
Webster Makes It Official: Definition of Marriage Has Changed
Mar 23, 2009, 09:35 pm CDT

Legal Reform
Now is the Time for 'Life Without Lawyers,' Says Covington & Burling Partner
Mar 24, 2009, 01:16 pm CDT

Law Firms
Bizarre Cadwalader Memo Blasts 'Messed Up' Tax System and Manny Ramirez Pay
Mar 26, 2009, 07:44 am CDT

Posted On: March 26, 2009

Law Enforcement Case Study: Search and Seizure in Cyberspace

Case Discussed: U.S. v. Wellman, 2009 WL 37184 (S..D W. Va. 2009)

From: Quinlan Law Enforcement E-News*, March 26, 2009.

Search and Seizure in Cyberspace:
Fourth Amendment issues abound in P2P child porn case

The emergent nature of the Internet has caused the Fourth Amendment rights against unreasonable searches and seizures to be reviewed against the new technology. John Wellman was indicted on charges of possessing electronic images of child pornography. A special task force that had been designed to scan peer-to-peer networks for images of child pornography was able to identify a number of computers that they believed contained such images. The identifying information included the IP addresses of the computers, the time the files were transferred, the hash file associated with the image, and the physical location of the computers. Local law enforcement received this information and found by examining driving records that the computer was located at Wellman's home. They also discovered that Wellman's email address was [...deleted...] and that he was an unregistered sex offender.

Using this information, as well as the information provided to them by the task force, local authorities applied for a warrant to search Wellman's home. A judge granted that warrant, and a search revealed a large amount of child pornography, both on hard drive and DVD discs. Wellman later moved to suppress that evidence, largely based on his belief that investigators did not have the required probable cause to back up the issuance of the search warrant. His arguments, however, failed to impress the court. A federal judge ruled that the investigation revealed more than enough probable cause to support the issuance of the warrant.

A Pause For Thought

Question: Does a judge need to actually see a pornographic image in order to issue a search warrant?

Answer: When determining that there is probable cause that a file contains child pornography, a judge issuing a search warrant need not personally view the file. As one court has stated:
"We have never held that a magistrate must personally view allegedly obscene films prior to issuing a warrant authorizing their seizure. On the contrary, we think that a reasonably specific affidavit describing the content of a film generally provides an adequate basis for the magistrate to determine whether there is probable cause...."

Therefore, Wellman lost his argument on this point.

Question: How did the good faith exception to the exclusionary rule factor in to this case?

Answer: Although the Fourth Amendment contains no provision expressly precluding the use of evidence obtained in violation of its commands, the Supreme Court adopted the exclusionary rule to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures. Generally, the exclusionary rule provides that evidence obtained in violation of the Fourth Amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure, and it reaches not only primary evidence obtained as a direct result of an illegal search or seizure but also evidence later discovered and found to be derivative of an illegality, or fruit of the poisonous tree. The Supreme Court has provided a good faith exception, holding that "suppression of evidence obtained pursuant to a warrant should be ordered only on a case by case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule." Using this standard, the court in Wellman's case determined that the judge who issued the warrant had a reasonable basis to do so. Therefore, even if an error had occurred, the evidence should not have to be excluded.
________________________________
*Click here to subscribe to the Quinlan Law Enforcement E-News or other newsletters.

Posted On: March 26, 2009

New ABA Publication: Criminal Mental Health and Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Criminal Justice Professionals

Criminal Mental Health and Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Criminal Justice Professionals

Exaamines in detail the legal relationships that link criminal justice, mental health, and disability discrimination law.

Co-sponsored by ABA Commission on Mental and Physical Disability Law and the ABA Criminal Justice Section
_____________________________

"This unique Reference Manual… [explains] what the law requires for defendants and inmates with disabilities, what legal remedies are available to correct injustices, and how our legal system can better protect their rights.”

H. Thomas Wells, Jr., ABA President
Anthony A. Joseph, Chair, ABA Criminal Justice Section
Alex J. Hurder, Chair, ABA Commission on Mental and Physical Disability Law

Posted On: March 26, 2009

CLLB Information Security Newsletter

March 2009 Volume 2 Number 3.

Social Networking Sites: How To Stay Safe

From the Desk of David G. Badertscher

The popularity of social networking sites--such as MySpace, Facebook, Twitter and others--has exploded in recent years, with usage in the United States increasing 93% since 2006, according to Netpop Research. The sites are popular not only with teenagers, but with adults as well: the number of adult Internet users having a social networking profile has more than quadrupled in the past four years, according the Pew Internet & American Life Project.

While there are many positive aspects of using social networking sites, it is also important to understand the potential security risks and know what precautions to take to protect yourself and your information.

What are social networking sites?

Social networking sites are online communities of Internet users who want to communicate with other users about areas of mutual interest, whether from a personal, business or academic perspective. The specific functionality of the various sites may differ, but in general, the sites allow you to provide information about yourself and communicate with others through email, chat rooms and other forums.

What are the security concerns of social networking sites?

Social network sites are growing in popularity as attack vectors because of the volume of users and the amount of personal information that is posted. The nature of social networking sites encourages you to post personal information. Because of the perceived anonymity and false sense of security of the Internet, users may provide more information about themselves and their life online than they would to a stranger in person.

The information you post online could be used by those with malicious intent to conduct social engineering scams and attempt to steal your identity or access your financial data. In addition, the sites are increasingly sources of worms, viruses and other malicious code. You may be prompted to click on a video on someone’s page, which could bring you to a malicious website, for example. If you are accessing a site that has malicious code your machine could become infected. For examples of some common social networking scams, visit the Council of Better Business Bureaus.

It’s also important to realize that information you post can be viewed by a broad audience, and could have lasting implications. College admissions officers and school administrators, for example, do visit these sites and in some cases, admissions have been denied to applicants, or disciplinary actions have been taken because of information or photos posted online. Employers also review these sites for information about potential job applicants.

What can you do to protect yourself?

Make sure your computer is protected before visiting sites – make sure you have a firewall and anti-virus software on your computer and that it is up-to-date. Keep your operating system up-to-date as well.

Do not assume you are in a trusted environment – just because you are on someone’s page you know, it is still prudent to use caution when navigating pages and clicking on links or photos, because links, images or other content contained on the pages may include malicious code.

Be cautious in how much personal information you provide - remember that the more information you post, the easier it may be for an attacker to use that information to steal your identity or access your data.

Use common sense when communicating with users you DO know – confirm electronic requests for loans or donations from your social networking friends and associates. The communications could be from someone who has stolen the credentials of the person you know with the intent of scamming as many people as possible.

Use common sense when communicating with users you DON’T know – be cautious about whom you allow to contact you or how much and what type of information you share with strangers online.

Understand what information is collected and shared – pay attention to the policies and terms of the sites; they may be sharing your email address or other details with other companies.
Make sure you know what sites your child is visiting - be involved in your child’s activities and know with whom he/she is communicating and what information is being posted by them, or about them by others.

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

ADDITIONAL NEWS:

New York City Cyber Security Summit
May 4, 2009

"The City of New York is committed to providing a secure information technology environment and to the protection of private information collected from the public. People are part of that solution, and as a City employee, your understanding and commitment to good security practices go a long way to bolster a secure computing environment. Therefore, I invite you to participate in the second annual NYC Cybersecurity Summit, where we can explore ways to secure information used by the City as we provide municipal services."

- Dan Srebnick, Associate Commissioner, IT Security & Chief Information Security Officer, Department of Information Technology and Telecommunications (DoITT), City of New York
________________________________

Choosing the Right Hardware and Software for Data Protection Solution
Compliments of Infoworld and HP.

"The latest white paper from the Mesabi Group explores the challenge facing many businesses in deciding what combination of software-hardware best meets their needs for data protection, storage, and business needs. There are a number of good options available and, as data protection grows more complicated each day, businesses should review their data protection from the ground up."

To see the white paper click on the link below:

Commentary: Choosing the Right Hardware and Software for Data Protection Solutions


Posted On: March 25, 2009

Curt E. Conklin Is Recipient of Renee D. Chapman Memorial Award

The TS-SIS Awards Committee is pleased to announce that the recipient of the Renee D. Chapman Memorial Award for Outstanding Contributions in Technical Services Law Librarianship for 2009 is Curt E. Conklin.

Curt is the Associate Director for Technical Services at the Brigham Young University Howard W. Hunter Law Library in Provo, Utah. He has worked there for 37 years in a variety of positions all within technical services. He has also been a member of AALL for 35 years. Some of his many contributions in the field of technical services include:

· One of the founding members of TS-SIS

· 11 program presentations at AALL conferences and at the University of New South Wales, Australia.

· 9 publications including two books titled “”Library of Congress Subject Headings: KF Cross Reverence”, and “Foreign Law Classification Schedule: Class K, Countries of the World”, 2nd ed. along with numerous articles.

· Served on numerous committees including the AALL Cataloging and Classification Committee, Chair of the TS-SIS Committee on Cataloging and Classification, Chair of the TS-SIS Ad-Hoc Committee to Study the State of the Cataloging of Loose-leaf Services, chair of the TS-SIS Preservation Committee.

Posted On: March 25, 2009

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

Update from the Lexis Alert Service,

March 25, 2009.

1. People v. Rivers, 1636, 3191/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 298; 58 A.D.3d 529; 870 N.Y.S.2d 790; 2009 N.Y. App. Div. LEXIS 272, January 22, 2009, Decided, January 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (James A. Yates, ...

2. People v. Placek, 5093, 2302/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 310; 58 A.D.3d 538; 870 N.Y.S.2d 788; 2009 N.Y. App. Div. LEXIS 308, January 22, 2009, Decided, January 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Marcy L. Kahn, ...

3. People v. Hadiouche, 5090, 4973/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 309; 58 A.D.3d 538; 870 N.Y.S.2d 788; 2009 N.Y. App. Div. LEXIS 268, January 22, 2009, Decided, January 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles J. Tejada, ...

4. People v. Brown, 5095, 5757/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 312; 58 A.D.3d 540; 871 N.Y.S.2d 133; 2009 N.Y. App. Div. LEXIS 264, January 22, 2009, Decided, January 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bruce Allen, J.), ...

5. People v. Springs, 5098, 6417/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 314; 58 A.D.3d 541; 871 N.Y.S.2d 136; 2009 N.Y. App. Div. LEXIS 297, January 22, 2009, Decided, January 22, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Micki A. Scherer, ...

6. People v. Fuller, 5086, 1518/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 306; 58 A.D.3d 537; 872 N.Y.S.2d 687; 2009 N.Y. App. Div. LEXIS 305, January 22, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Ellen M. Coin, ...

7. People v. William, 5078, 4647/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 260; 58 A.D.3d 528; 872 N.Y.S.2d 687; 2009 N.Y. App. Div. LEXIS 247, January 20, 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, ...

8. People v. Goldstein, 4976, 527/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8; 58 A.D.3d 405; 872 N.Y.S.2d 687; 2009 N.Y. App. Div. LEXIS 6, January 6, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Carol Berkman, J.), ...

Posted On: March 25, 2009

Comparative Criminal Procedure: A Select Bibliography

BY LYONETTE LOUIS-JACQUES
Foreign Law Librarian and Lecturer in Law at the University of Chicago D'Angelo Law Library
Published by GlobaLex June/July 2007

From the Introduction:

"This bibliography lists selected English-language resources on comparative criminal procedure. It focuses on journal articles, book chapters, and treatises covering comparative criminal procedure generally, criminal procedure in multiple jurisdictions, and specialized research topics in comparative criminal procedure such as: arrest, pre-trial detention, interrogation, right to counsel, legal assistance for indigent defendants, discovery, plea bargaining, trial by jury, the privilege against self-incrimination, inquisitorial versus accusatorial systems, role of prosecutors, judges and defense attorneys, cross-examination, exclusionary rules, sentencing, death penalty, criminal appeals, and double jeopardy. "

A very useful bibliography which continues to address the concerns of both scholars and practioners who need to consult a wide array of sources to accomplish their objectives

Posted On: March 24, 2009

Documents Introducing the Obama Administration Public-Private Partnership Investment Program

On Monday March 23, 2009 the Obama administration presented the details of the Public-Private Invetment Program as a major initiative to help stimulate the U.S. economy. Below are links to four documents which were prepared to help introduce this program.

Press Briefing by Treasury Secretary Timothy Geithner on Plans to Assist the Credit Markets

White Paper: Public-Private Investment Program

Frequently Asked Questions: Legacy Loan Programs - Prepared by the U.S. Department of the Treasury

Fact Sheet Regarding Details of the Public Private Partnership Investment Program, Prepared by the U.S. Department of the Treasury


Posted On: March 24, 2009

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

Update from the Lexis Alert Service,

March 24, 2009.

1. People v. Mynin, 5138, 4387/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 455; 58 A.D.3d 581; 872 N.Y.S.2d 50; 2009 N.Y. App. Div. LEXIS 460, January 29, 2009, Decided, January 29, 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, ...

2. People v. Cabassa, 5141, 11646/91, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 457; 58 A.D.3d 583; 872 N.Y.S.2d 687; 2009 N.Y. App. Div. LEXIS 473, January 29, 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 of resentence, Supreme Court, New York County (John Cataldo, J.), ...

3. People v. Gutierrez, 5125, 5600/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 449; 58 A.D.3d 577; 872 N.Y.S.2d 687; 2009 N.Y. App. Div. LEXIS 453, January 29, 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 (Leslie Cocker Snyder, ...

4. People v. Burnside, 5114, 4183/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 433; 58 A.D.3d 551; 870 N.Y.S.2d 911; 2009 N.Y. App. Div. LEXIS 429, January 27, 2009, Decided, January 27, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Gerald Harris, J.), ..

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

Posted On: March 24, 2009

The Jury Expert:The Art and Science of Litigation Advocacy

March, 2009 Volume 21 Issue 2

LEAD ARTICLES:

Strategies for Combating Anti-Gay Sentiment in the Courtroom
by Sean Overland

"This article describes the extent and nature of anti-gay sentiment, how it differs from racial bias, and how attorneys and jury consultants concerned about homophobia can combat anti-gay bias in the courtroom."

The Graphics Guy: Turning Timelines into Plotlines
by Jason Barnes

"Take your humble timeline. Re-conceive and re-execute and turn your timeline into a plotline. Plotlines weave each event into a single and logical flow of information. Plotlines are not just 'who, what and when' but also 'why and how, cause and effect, motive, means and opportunity'. Strengthen your storytelling. Move from timelines to plotlines."

Grime and Punishment: How Disgust Influences Moral, Social and Legal judgments
by Yoel Inbar, David Pizarro

"Emotions can alter judgments. While we are familiar with how emotions like anger or sadness may modify how we react or how we see others, little attention has been focused on disgust. This article defines disgust, explains how it influences judgments and why legal scholars, judges and attorneys should pay attention to disgust. Strategies for addressing disgust are included and three experienced ASTC-member trial consultants offer their reactions".

Keeping Secrets: Protecting Privilege in Pretrial Research
by Kacy Miller

"How can we ensure that confidential information stays confidential? In this timely article, Kacy Miller walks us through multiple steps to take to ensure the confidentiality of pretrial research in the midst of a changing world filled with Twittering jurors and phones with internet access."

Injured Body, Injured Mind: Dealing with Damages for Psychological Harm
by Brian H. Bornstein, Samantha L. Schwartz

"While a principal function of the civil justice system is to make whole any person injured by another's careless or intentional actions, insofar as that is possible--not all injuries are created equal. This article reviews examples of disparate treatment for physical and psychological injuries and offers recommendations for how psychological injuries can be presented so as to be taken seriously by jurors considering damage awards."

Expert Witness Preparation: What Does the Literature Tell Us?
by Tess M.S. Neal

"A review of the literature on expert witnesses. What does the literature tell us about how to prepare expert witnesses to be effective, confident, believable, knowledgeable and credible on the stand? Recommendations for best practices are made".

ASTC 28th Annual Conference: Raising the Bar, Experiencing New Heights
by Cynthia R. Cohen

An overview of highlights for ASTC's annual conference. June 4-7, 2009 in Atlanta, Georgia.

See articles in HTML format at:

http://www.astcweb.org/public/publication/index.cfm/March/2009/21/2/23

Posted On: March 24, 2009

An Appeal to A Jury of Your Twittering Peers

Written by: Ira Winkler March 24, 2009. For the Internet Revolution Blog:

"The 'CSI Effect' is what people call juror expectations of forensic evidence that unequivocally proves the defendant guilty. Unfortunately, there is now a "Twitter Effect," where defense attorneys hope for mistrials because jurors just can't control themselves and have to tweet what’s going on inside courtrooms or deliberation areas...." See entire posting at:

http://www.internetevolution.com/author.asp?section_id=515&doc_id=173990&


Posted On: March 24, 2009

AALL: State Court and County Law Libraries (SCALL) Newsletter

The winter issue of SCCLL News has been published at:

http://www.aallnet.org/sis/sccll/pdfs/news/2009winter.pdf

Posted On: March 23, 2009

2009 Montana Court Order on Universal Citation

Many thanks to Kathy Carlson*, Wyoming State Library, for sending the following about the recent Montana court order on universal citation:

"I need to watch for the publication of Wyoming Rule changes in the Pacific advance sheets, today I noticed a rule change in Montana regarding the universal citation was issued on January 22nd. I went to the Montana Supreme Court website and found a copy of the order under the tab Orders if anyone is interested. The new order simplifies the pinpoint citation process [no longer a need to repeat the paragraph numbers in parallel cites"

http://fnweb1.isd.doa.state.mt.us/idmws/docContent.dll?Library=CISDOCSVR01^doaisd510&ID=003807381
__________________________________
*Kathy is a current member of the Electronic Legal Information Access and Citation Committee (ELIACC) of the American Association of Law Libraries.

Posted On: March 23, 2009

West's Pracrtice Innovations Has Gone Electronic

From: Lori Hedstrom, Marketing Manager, Librarian Relations, West a Thomson Reuters Business:

Starting with the January 2009 issue (volume 10, number 1), Practice Innovations was converted to an electronic format. In part, this was done in accord with Thomson Reuters’ “going green” initiative; however, we also want to take full advantage of the technology offered in an electronic newsletter. Besides the obvious benefits of receiving information electronically—being able to review, sort, and save articles of interest—we also plan to enrich Practice Innovations by adding links to related information. If an article cites a law firm’s Web page, we can provide a link to the page; if an author refers to relevant information available on the Web, we can link you directly to that information.

Sign up here http://west.thomson.com/store/promotions/newsletterssignin.aspx to receive Practice Innovations, or any of our other electronic newsletters, directly to your e-mail box.

Posted On: March 23, 2009

Law Library Association of Maryland News

March 2009 Issue

The Law Library Association of Maryland (LLAM) is a chapter of the American Association of Law Libraries (AALL):

The March 2009 issue of LLAM News is available for viewing at:

http://www.aallnet.org/chapter/llam/publications/llamnewsletter/Llamnews200903.pdf

No password required. Please be patient if the document takes a little while to open.
Sara Witman
Editor, LLAM News

Posted On: March 23, 2009

AALL: Technical Services Law Libraries Newsletter

March 2009 Volume 34 Number 3.

The March 2009 TSLL issue is published and now available for your viewing. Check out the current news.

See http://www.aallnet.org/sis/tssis/tsll/34-03/34-03.pdf

My thanks to Courtney Selby, Robert Bratton, and Karen Douglas who have stepped up and volunteered to write TSLL columns beginning in June. So, we'll have a full slate of columns coming in the next issue! I'm always looking for interesting articles as well, just as you will find in this March issue, with contributions from Susan Karpuk and Hollie White. Also, my thanks to all of the regular columnists whose contributions make TSLL possible.

Happy St. Patrick's Day,
Virginia Bryant
TSLL Editor-in-Chief

Posted On: March 23, 2009

News from the Metropolitan New York Library Council

March-April 2009 Issue:

The Metropolitan New York Library Council (METRO) is the largest of New York State's nine reference and research systems, multi-type library organizations often known as "3R Cooperatives" METRO serves a region that includes the five boroughs of New York City and Westchester County.

METRO has a broad and expanding array of member libraries, including law libraries, METRO provides services to its members and assists them to work together and meet the reaearch and informational needs of the people in the region; it is committed to resource sharing, library professional development, and has one of the largest and most effective library advocacy programs in the region.

Of particular note in the METRO March - April 2009 Newsletter is the article devoted to an update of the New York budget process. To see this and other articles in the Newsletter click on the link below:

http://www.metro.org/enews/2009/mar-apr09/enews_mar-apr09.htm

Posted On: March 23, 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.

March 16 - 20, 2009:

U.S. 1st Circuit Court of Appeals, March 19, 2009
Levesque v. Doocy , No. 08-1814
In a defamation action against the Fox News Network, district court's grant of defendant's motion for summary judgment is affirmed where plaintiff did not prove with convincing clarity that the defendants acted with actual malice or a reckless disregard for the truth when it reported on the challenged statements.

U.S. 5th Circuit Court of Appeals, March 16, 2009
Croft v. Perry, No. 08-10092
In an Establishment Clause challenge to a Texas law providing for a mandatory moment of silence in public schools, summary judgment for Defendant is affirmed, where the legislative history of the statute suggested that its purpose was to foster patriotism, and not to advance Protestant Christianity. .

U.S. 6th Circuit Court of Appeals, March 16, 2009
Pagan v. Glendale, No. 08-3679
In a First Amendment challenge to Defendant-Village's restriction on commercial speech, summary judgment for Plaintiff is affirmed where the Court of Appeals had reached the merits of Defendant-Village's motion for summary judgment in a prior opinion, and thus the District Court's entry of final judgment for Plaintiff was proper.

U.S. 6th Circuit Court of Appeals, March 19, 2009
Am. Booksellers Found. for Free Expression v. Strickland, No. 07-4375
In a First Amendment challenge to an Ohio obscenity statute, the Court of Appeals certified the following questions to the Ohio Supreme Court: 1) Is the Attorney General correct in construing O.R.C. section 2907.31(D) to limit the scope of section 2907.31(A), as applied to electronic communications, to personally directed devices such as instant messaging, person-to-person e-mails, and private chat rooms?; and 2) Is the Attorney General correct in construing section 2907.31(D) to exempt from liability material posted on generally accessible websites and in public chat rooms?..

U.S. 9th Circuit Court of Appeals, March 18, 2009
Colwell v. Dept. of Health & Hum. Servs., No. 05-55450
The dismissal of Plaintiffs' challenge to a Department of Health and Human Services Policy Guidance is affirmed, where Plaintiffs' suit was unripe because the Policy Guidance was ambiguous as to whether it was mandatory or a general statement of policy, and further regulations would likely clarify this issue.

California Appellate Districts, March 17, 2009
Am. Civil Rights Found. v. Berkeley Unified Sch. Dist. , No. A121137
Trial court's judgment in favor of defendant is affirmed where a school board policy aiming to achieve social diversity by using neighborhood demographics in assigning students to schools is not discriminatory as it does not show partiality, prejudice, or preference to any student on the basis of race. Educators who include a general recognition of the demographics of neighborhoods in student assignments without classifying a student by race do not discriminate against or grant preferential treatment to an individual or group on the basis of race

Posted On: March 23, 2009

Findlaw Case Summaries: Criminal Law and Porcedure

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

March 16 - 20, 2009:

U.S. 1st Circuit Court of Appeals, March 17, 2009
US v. Vargas, No. 08-1377
Sentence for drug offenses is affirmed where: 1) the district court did not err in declining to apply a two-level decrease in offense level under the sentencing guidelines for being a minor participant in the criminal activity; and 2) the sentencing court did not err and sufficiently addressed the factors enumerated in 18 U.S.C. sec 3553(a) as it provided a sufficient explanation for refusing to deviate from the guidelines sentencing range.

U.S. 1st Circuit Court of Appeals, March 19, 2009
US v. Carron Santiago , No. 07-1575
Conviction and sentence for drug conspiracy is affirmed where: 1) there was sufficient evidence to support the jury's finding on the amount of drugs and that the drugs were part of the conspiracy; 2) it was not an abuse of discretion to admit the testimony of an undercover agent; and 3) there was no indication that the district court might alter its sentence and thus no need for a sentencing remand in light of Kimbrough. .

U.S. 1st Circuit Court of Appeals, March 19, 2009
US v. Ahrendt, No. 06-1254
Conviction for drug crimes is affirmed where it was clear error for the district court to decline to order a reevaluation of defendant's competency, as there was no reasonable cause to believe that he was mentally incompetent to stand trial. Sentence is remanded for resentencing in light of Amendment 709 to the United States Sentencing Guideline

U.S. 1st Circuit Court of Appeals, March 19, 2009
US v. Carron Santiago , No. 07-1718
Conviction and sentence for drug conspiracy is affirmed where: 1) there was sufficient evidence to support the jury's finding on the amount of drugs and that the drugs were part of the conspiracy; 2) it was not an abuse of discretion to admit the testimony of an undercover agent; and 3) there was no indication that the district court might alter its sentence and thus no need for a sentencing remand in light of Kimbrough.

U.S. 2nd Circuit Court of Appeals, March 17, 2009
US v. Simmons, No. 07-5127
Conviction for firearms possession is affirmed where: 1) district court properly denied defendant's motion to suppress the firearms as officers were responding to an anonymous 911 call reporting an ongoing emergency and had reasonable suspicion to stop and to search defendant; and 2) excusal of a juror pursuant to Rule 23(b)(3) was not an abuse of discretion. District court's sentence was improperly in excess of the ten-year statutory maximum and is remanded for resentencing.

U.S. 2nd Circuit Court of Appeals, March 18, 2009
US v. Moralies , No. 07-4202
Sentence for drug crimes is remanded where the government potentially misled defendant as to the minimum penalty he would face after a jury's conviction. The district court should determine whether the government caused misunderstanding of the minimum sentence adversely affected defendant's decision to proceed to trial and resentence if it would have imposed a lower sentence absent the mandatory minimum.

U.S. 5th Circuit Court of Appeals, March 19, 2009
US v. Tirado-Tirado, No. 07-50670
Defendant's conviction for inducing another to unlawfully enter the U.S. is vacated, where the government introduced a videotaped deposition of a witness at trial, and Defendant was deprived of his Sixth Amendment right to cross-examine the witness because there was an insufficient showing that the witness was unavailable.

U.S. 5th Circuit Court of Appeals, March 19, 2009
US v. Munoz-Ortenza, No. 07-51344
Defendant's sentence for illegal reentry into the U.S. is vacated, where Cal. Pen. Code section 288a(b)(1), under which Defendant was previously convicted for oral copulation of a minor, prohibited conduct that would not be criminalized under the generic meaning of sexual abuse of a minor, and thus was not a "crime of violence."

U.S. 6th Circuit Court of Appeals, March 16, 2009
Awkal v. Mitchell, No. 01-4278
Petitioner's habeas petition in a capital matter is granted, where Petitioner's counsel provided ineffective assistance at the guilt phase of Petitioner's trial by calling an expert witness who testified that Petitioner was sane at the time of the murders, an opinion that contradicted Petitioner's only defense.

U.S. 6th Circuit Court of Appeals, March 16, 2009
US v. Baker, No. 07-2220
Defendant's drug conspiracy sentence is affirmed in part, where there was sufficient evidence to show that Defendant was an organizer or leader of the conspiracy, but reversed in part, where there was insufficient evidence to permit the District Court to define Defendant's prior reckless endangerment conviction as a "crime of violence."

U.S. 6th Circuit Court of Appeals, March 18, 2009
US v. Keith, No. 07-5202
The denial of Defendant's motion to suppress evidence in his drug and firearm possession trial is reversed, where the manner in which Defendant moved from one side of a liquor store to the other and glanced at police cars did not give the arresting officers reasonable suspicion of criminal activity.

U.S. 6th Circuit Court of Appeals, March 18, 2009
US v. Ford, No. 08-5091
Defendant's bank robbery sentence is vacated, where the District Court improperly sentenced Defendant as a career offender under U.S.S.G. section 4B1.1(a) because his previous conviction for a "walkaway" escape was not a "crime of violence" under the Sentencing Guidelines.

U.S. 7th Circuit Court of Appeals, March 17, 2009
US v. Groves , No. 07-2227
Conviction and sentence for firearms possession is affirmed where: 1) officers had ample reasonable suspicion beyond the anonymous tip to justify the investigative stop; and 2) defendant's above-guidelines sentence was not unreasonable based on the factors supporting the sentence and the absence of any in mitigation. .

U.S. 7th Circuit Court of Appeals, March 18, 2009
US v. Shah, No. 07-1306
Conviction for multiple counts of fraud is affirmed in part and reversed in part where the evidence does not support defendant's conviction under 18 U.S.C. sec. 2314. Defendant must be resentenced because of the partial acquittal, under the advisory-guideline scheme created by the Booker decision subsequent to his original sentence.

U.S. 7th Circuit Court of Appeals, March 19, 2009
The Cancer Found. Inc. v. Cerberus Capital Management, LP, No. 08-1981
In an action brought under the Racketeer Influenced and Corrupt Organization Act, district court's dismissal of the racketeering suit as untimely is affirmed where the four year statute of limitations for a civil RICO cause of action began to run when the plaintiffs discovered in 1997 that they had been injured by the defendants.

U.S. 7th Circuit Court of Appeals, March 19, 2009
US v. McMath, No. 08-2316
Conviction for firearms possession is remanded for further findings where: 1) the district court erred in denying defendant's Batson challenge without making findings regarding the credibility of the proffered race-neutral justification for striking a juror; and 2) prosecutor's statements did not constitute plan error requiring a reversal, as they did not affect the fairness of the trial. Sentence is reversed and remanded where the district court based the sentence on an erroneous factual finding.

U.S. 8th Circuit Court of Appeals, March 16, 2009
US v. Boaz, No. 07-3918
Conviction for firearms possession is affirmed where: 1) district court did not err in determining defendant's prior Arkansas felony conviction qualified as a predicate offense under 18 U.S.C. sec. 922(g)(1); and 2) preponderance of the evidence was the correct standard for determining that defendant had three predicate violent felonies for purposes of 18 U.S.C. sec. 924(e). Sentence is vacated and remanded where: 1) defendant's prior Arizona conviction for conspiring to commit auto theft does not constitute a predicate violent felony; and 2) further proceedings are necessary as to whether defendant's prior Arizona conviction for exhibiting a deadly weapon qualified as a predicate violent felony.

U.S. 8th Circuit Court of Appeals, March 17, 2009
US v. Clinkscale, No. 08-1163
Sentence for firearms possession is remanded for resentencing where this court decided in U.S. v. Williams that a conviction for motor vehicle theft is not a violent felony, making defendant's mandatory minimum sentence for three prior violent felony convictions in error. On remand, the district court may consider a prior conviction for making a terroristic threat under Minn. law, as it is a violent felony within the meaning of 18 U.S.C. Sec. 924(e).

U.S. 8th Circuit Court of Appeals, March 17, 2009
US v. King, No. 08-1968
Sentence for wire fraud and money laundering is affirmed where: 1) defendant did not have a Sixth Amendment right to counsel during a presentence report investigation as it was not a critical stage of the prosecution; and 2) district court did not err in imposing a sentencing enhancement for obstruction of justice or in denying defendant's request for an acceptance of-responsibility reduction.

U.S. 8th Circuit Court of Appeals, March 20, 2009
US v. Brown , No. 08-1378
Conviction for drug crimes is affirmed where: 1) Batson challenge is rejected as there is no clear error in the finding that the prosecutor struck two jurors for race neutral reasons; 2) conviction for use and discharge of a firearm was not constructively amended by introduction of evidence concerning a shoot-out on another date; 3) there was no error in admitting certain out-of-court statements; and 4) the rest of defendant's motions for properly denied. One count of the conviction is reversed where an error in jury instructions concerning possession of a firearm in furtherance of a drug trafficking crime seriously affected the fairness of defendant's trial.

U.S. 8th Circuit Court of Appeals, March 20, 2009
US v. McDougal , No. 08-2524
In an action involving contempt proceedings related to the Whitewater investigation, district court's order is affirmed where the court did not abuse its discretion in refusing to unseal documents related to defendant's civil contempt hearings which might disclose matters that occurred before the grand jury, as defendant failed to meet the standards in Rule 6(e) for disclosure of the materials, and there is no common law right to unseal the materials.

U.S. 8th Circuit Court of Appeals, March 20, 2009
US v. Jones, No. 08-2537
Conviction and sentence for drug crimes is affirmed where: 1) evidence was sufficient to support conviction for conspiracy to distribute 50 or more grams of crack; and 2) defendant's prior drug conviction qualified as a felony drug conviction for sentencing purposes.

U.S. 9th Circuit Court of Appeals, March 18, 2009
US v. Driggers, No. 07-30190
Defendant's conviction for using interstate commerce facilities to commit murder for hire is affirmed, where the District Court's erroneous jury instruction did not prejudice Defendant, because the evidence at trial was overwhelming that Defendant solicited a third party to murder Defendant's ex-wife.

U.S. 9th Circuit Court of Appeals, March 18, 2009
US v. Flores, No. 08-30076
Defendant's drug conspiracy sentence is affirmed, where the government properly refused to seek a downward departure for substantial assistance because refusing to make the motion was within the government's broad discretion under the plea agreement at issue.

U.S. 10th Circuit Court of Appeals, March 16, 2009
US v. Gonzalez, No. 06-8082
Defendant's firearm possession sentence is affirmed, where Defendant's prior state burglary conviction was a "burglary" for purposes of the Armed Career Criminal Act, because it did not involve the alleged burglary of a vehicle.

U.S. 10th Circuit Court of Appeals, March 18, 2009
US v. Baldridge, No. 07-5121
Defendant's conviction for filing false claims for payment with a county is affirmed, where 1) Defendant failed to alert the District Court that he believed the prosecutor's questioning constituted misconduct and 2) there was sufficient evidence to support the conspiracy charges. .

U.S. 10th Circuit Court of Appeals, March 18, 2009
US v. Williams, No. 08-3159
Defendant's bank robbery sentence is affirmed, where the District Court properly found that Defendant's prior state conviction for battery of a police officer was a "crime of violence" under U.S.S.G. section 4B1.2, because that offense involves purposeful, aggressive and violent conduct and creates a serious risk of physical injury.

U.S. 11th Circuit Court of Appeals, March 19, 2009
Hannon v. Sec'y., Dep't. of Corrs., No. 07-15991
The denial of Petitioner's habeas petition in a capital case is affirmed, where the state court did not unreasonably apply federal precedent in holding that Petitioner was not denied effective assistance of counsel during the penalty phase of his trial, as presenting mitigation evidence would have undermined Petitioner's alibi.

U.S. 11th Circuit Court of Appeals, March 20, 2009
US v. Clarke, No. 08-10038
Defendant's tax fraud conviction is affirmed, where: 1) there was no showing that African-Americans were excluded from the jury pool; 2) there was sufficient evidence that the underreporting was willful; and 3) the "tax loss" under U.S.S.G. section 2T1.1(c)(1) is the loss the defendant intends to create.

Supreme Court of California, March 16, 2009
People v. Villa , No. S151561
Court of Appeal's denial of petition for habeus corpus is affirmed where defendant is ineligible for habeas corpus relief as he is no longer in actual or constructive California custody as a result of his 1989 conviction, but is instead in federal custody in another state.

California Appellate Districts, March 16, 2009
People v. Grimes , No. C058369
Sentence for assault and battery is affirmed where a clerical mistake resulting in a delayed appeal was promptly acknowledged and did not prejudice the defendant in any way. .

California Appellate Districts, March 16, 2009
In re Rozzo , No. D049704
Petition for writ of habeas corpus following Governor's reversal of a grant of parole is denied where: 1) there was some evidence to support the Governor's decision finding defendant unsuitable for parole; 2) defendant failed to establish that the Governor did not provide proper individualized consideration of his case, in violation of his right to due process; 3) defendant failed to demonstrate the Governor applies an anti-parole policy to persons convicted of murder that violates his constitutional right to due process; and 4) the composition of the Parole Board did not violate defendant's right to due process. .

California Appellate Districts, March 16, 2009
People v. Maldonado , No. H031506
Conviction for drug crimes is affirmed where: 1) the trial court did not lose jurisdiction by deeming previously filed complaint an information; 2) no evidence of insufficient assistance of counsel has been shown; and 3) no prosecutorial misconduct occurred.

California Appellate Districts, March 19, 2009
People v. Earle , No. H031525
Conviction for assault is reversed where the trial court abused its discretion by denying the motion for separate trials and permitting the prosecution to place the strongly incriminating evidence of the misdemeanor charge of indecent exposure before the same jury deciding the much more difficult felony assault charge, which resulted in such gross unfairness as to deprive defendant of a fair trial and due process of law. .


Posted On: March 20, 2009

From the Library Journal Academic Newswire


March 19, 2009

In this Issue:

Intentional Upheaval: ACRL Report Says Libraries Must Turn Crisis into Opportunity

Unresolved: ACRL, “Debate” Over MLS Finds No Resolution

At ACRL, One Librarian Looks to the Very, Very, Distant Future

Sony, Google Strike Public Domain Deal; Oregon State, BCR Team Up to Offer Public Domain
Monographs; Harvard in Deal with AquaBrowser; Serials Solution Announces New Beta Partners for Summons

Register of Copyrights Not Asked By Congress to Weigh In Google Book Search?

Bestsellers in Fine Arts

Posted On: March 20, 2009

New FOIA Guidelines Issued In Memorandum By U.S. Attorney General Holder

In his memorandum of March 19, 2009 to heads of executive departments and agencies, Attorney General Holder rescinds former U.S. Attorney General John Ashcroft's October 12, 2001 memorandum which states that records could be witheld by the Department of Justice "unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records" Topics included in the Attorney General Holder memorandum include: A presumption of openess; FOIA is the Responsibility of Everyone, and the importance of agencies working productively and properly.

To quote from a statement on the U.S. Department of Justice website:

"By restoring the presumption of disclosure that is at the heart of the Freedom of Information Act, we are making a critical change that will restore the public’s ability to access information in a timely manner,” said Attorney General Holder. 'The American people have the right to information about their government’s activities, and these new guidelines will ensure they are able to obtain that information under principles of openness and transparency.' "

Posted On: March 20, 2009

ABA Journal Weekly Newsletter

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

Law Practice Management
Layoff 'Herd Mentality' Ignores Greater Savings of Pay Cuts, Prof Says
Mar 17, 2009, 08:19 am CDT

Pro Bono
Situations Wanted: Laid-Off Lawyers Seek Volunteer Work--and Get Rejected
Mar 16, 2009, 08:42 am CDT

Law Practice Management
Some Law Firms End Lockstep Pay for Associates, as Economy Plummets
Mar 16, 2009, 12:28 pm CDT

Juries
Law Prof's Article on His Jury Experience Leads to Overturned Verdict
Mar 19, 2009, 10:52 am CDT

Law Students
All the Dismal News for Law Students Now In One Place
Mar 16, 2009, 10:21 am CDT

Legal Ethics
Posner Dresses Down Prosecutor in Salad Dressing Dispute
Mar 17, 2009, 10:52 am CDT

Law Practice Management
Katten Lays Off 69, Announces Pay Cut for Associates Low on Billables
Mar 19, 2009, 02:54 pm CDT

Layoffs
Atlanta Firm Cuts 6 Incoming Associates; Nixes Summer Program to Save Jobs
Mar 17, 2009, 02:23 pm CDT

Layoffs
Laid-Off Lawyer Tells Radio Station His Similarly Situated Friends Are Partying
Mar 19, 2009, 08:19 am CDT

Labor & Employment
Law Firm Layoffs (and Alternatives) Create Litigation Risk
Mar 13, 2009, 09:00 pm CDT

Posted On: March 19, 2009

Q&A: To What Extent and Under What Conditions Are Congressional Research Reports Official Documents? *

Q\UESTION::

In a recent e-mail, someone from Canada asked asked how she could obtain an "official copy" of a Congressional Research Service report, "one from Congress," not one from the website of an organization such as the Federation of American Scientists. The responses which follow are very interesting; they address a variety of related issues including the following: Are Congressional Research Service (CRS) reports that contain added designations such as watermarks, trademarks, or copyright notices official and are they in the public domain? Does the U.S. Government have any special rights to use copyrighted materials? and can CRS reports always be freely disseminated as government documents?

RESPONSES:

Official editions of the CRS reports can be ordered from Penny Hill
Press, www.pennyhill.com :
__________________________________________

The reports from www.pennyhill.com are often trademarked or watermarked with gallerypress.

This one at http://fpc.state.gov/documents/organization/44110.pdf is the same thing Congress see.
___________________________________________

It's my understanding that most - but not all - U.S.A. federal government publications - including this one - are in the public domain. Consequently, this report can be reproduced - or in this instance - reposted on non-federal government websites. If you need a copy of this report that originates from an U.S.A. federal government website, you can use any of these links:

http://www.italy.usembassy.gov/pdf/other/RL32806.pdf

http://fpc.state.gov/documents/organization/44110.pdf

http://www.counterterrorismtraining.gov/pubs/05.html

__________________________________________

yes,

See the CENDI* Frequently Asked Questions About Copyright.

5.1.1 Does the U.S. Government have any special rights to use copyrighted material?

http://www.cendi.gov/publications/04-8copyright.html#511

Also see the CENDI White Paper: "Don't Keep the Public Guessing - Best Practices in Notices of Terms and Conditions of Use For Government Website Content"

http://www.cendi.gov/publications/04-4website_policy.html "It is a commonly held belief that information published or sponsored by the U.S. Government or available from a U.S. government source, such as a government website, is in the public domain. However, a key finding in a 1999 Government Printing Office report is that "fifteen percent of the products surveyed are not in the public domain, for all or part of the product" (see, "Report on the Assessment of Electronic Government Information Products". A look at authors and owners of government information suggests that the percentage may be greater and is likely increasing with government's growing reliance on the private sector to conduct the business of government."

NOTE: CENDI is an interagency working group of senior scientific and technical managers from 13 U.S. federal agencies. Its mission is to help improve productivity of federal science and technology programs through effective scientific, technical, and related information support sysems. From: CENDI website.

__________________________________________

I posted this on law-lib a few weeks ago on a discussion of crs reports:

"CRS reports themselves do not have copyright restriction because they are government documents and can be freely disseminated"

And the CRS won't admit it even though there is such a policy at http://www.cendi.gov/publications/04-8copyright.html#511...

The article about the CRS reports in the Washington Post at http://www.washingtonpost.com/wp-dyn/content/article/2005/06/27/AR2005062701509.html mentioned that copyright infringement. ...CRS has consistently said it is not designed to serve any sort of public information function. In past years, it has said that could create a number of ýlegal and practical problems, contending, for example, that interest groups ýand lobbyists would inundate its office with complaints and comments in hopes ýof influencing what CRS analysts wrote. It has also expressed fears that it could be held liable for what it said in the reports or be sued for copyright infringement..."

also

See from http://www.fas.org/sgp/news/secrecy/2005/06/062805.html#2
"CRS HAS NO PUBLIC MISSION"

Why aren't non-confidential Congressional Research Service reports automatically made available to the public? At first glance, the policy appears to reflect institutional arrogance or reflexive secrecy on the part of CRS and the Congress. But there is more to it than that, congressional officials say. CRS repeatedly stresses that it works for Congress, and only for Congress. "CRS assists every Member and committee," said Director Daniel P.Mulhollan in May 23 testimony before the House Appropriations Committee. "All of our work is confidential and focuses solely, directly, and specifically on the needs of the congressional community. CRS has no public mission." By insisting on this point, CRS is distinguishing itself from the larger and higher-profile Government Accountability Office. More subtly, CRS is repudiating any comparison with the Office of Technology Assessment (OTA), which was dismantled by Congressional Republicans in 1995, an event that is seared in the consciousness of CRS officials. What CRS is saying is that it has no institutional agenda of its own aside from support to members of Congress, and that, unlike OTA, it takes no position on disputed policy matters.

CRS believes that its uniqueness as a congressional support agency, which constitutes its central claim to continued funding, would only be diluted by direct interactions with public consumers. "Over time, CRS products might come to be written with a large public audience in mind and could no longer be focused solely on congressional needs," CRS Director Mulhollan said in a written statement yesterday. And the current congressional leadership apparently agrees. "CRS has received clear indication from its oversight committees that no change in the current policy is authorized," Director Mulhollan wrote yesterday. "It is important to recognize that while the restriction on public access to CRS products is frequently characterized as CRS 'resistance,' the reality is that the policy is a congressional one," he noted. In any case, "As CRS obtains no copyright in its products, little can be done to discourage the trend toward further public availability of CRS products brought about without the permission of a Member or committee." A 1999 CRS memorandum outlined several reasons why it believed direct public access to CRS products would have unfavorable legal and institutional consequences. See "Congressional Policy Concerning the Distribution of CRS Written Products," March 9, 1999: http://www.fas.org/sgp/crs/policy.html

_______________________________________

* In deference to privacy and confidentiality concerns expressed by some readers, all references to personal names in the above responses have been deleted. That however does not detract in any way from our appreciation and gratitude to all who participated in the above discussion for their professionalism, dedication, and generosity of spirit.

Posted On: March 17, 2009

West Announces Changes to the Topic and Key Number System

On March 1, West released significant changes to the Key Number System. Attorney editors have completed the reclassification of over 300,000 headnotes. The improvements include the following:

· Two new digest topics: The topic PRIVILEGED COMMUNICATIONS AND CONFIDENTIALITY encompasses privilege issues arising in discovery and at trial and contains expanded classifications covering attorney-client privilege, physician-patient privilege, and executive privilege. The topic PROTECTION OF ENDANGERED PERSONS covers such areas as restraining orders and other protection from domestic violence, harassment, and stalking; guardian ad litem appointments; agency investigations and liabilities; and criminal and civil liability.

· Complete revision of four topics: The topics CONVICTS AND PRISONS are completely revised, with many lines afforded to concepts increasingly important in modern cases, e.g., boot camps. The topic DISORDERLY CONDUCT is greatly expanded to include breach of the peace (a similar offense recognized in most state jurisdictions). In the PRODUCTS LIABILITY topic, many points of law are classified once under the product type and again under the legal concept or procedure.

· Other areas of the Key Number System have been given minor improvements particularly in the topics COUNTIES, INFANTS, NEGLIGENCE, and PROCESS.

Posted On: March 17, 2009

New ABA Publication: Model Jury Instructions in Criminal Antitrust Cases


"This practical book provides guidance regarding jury instructions in criminal antitrust cases for juries sitting in judgment in antitrust trials of all types. The instructions in the book are presented in concise and readily understandable language and organized in the same order in which a court presiding over a criminal antitrust jury trial would likely give them. Thus, this book includes both general and antitrust specific instructions, instructions that are appropriate just prior to the admission of the evidence, and those for the close of the case. The book also includes explanatory commentary and references to supporting case law and model jury instructions in a variety of circuits."

"Start-to-finish advice on model jury instructions in the complex area of criminal antitrust law!"

Product Details: 5030530
Regular Price: $159.00
AT Section Member Price: $129.00 ©2009
6 x 9 - paper 184 pages


Posted On: March 17, 2009

New York Public Library: Cullman Center for Scholars and Writers

UPCOMING PROGRAMS:

Frances FitzGerald: The Religious Right and Why it Grew

Wednesday, March 18, 7:00 PM
Location: South Court Auditorium
Tickets: $15 general admission/$10 Library Donors and Seniors/FREE for students with valid ID.

For Tickets, call 212.868.4444

Frances FitzGerald: The New Evangelicals

Wednesday, March 25, 7:00 PM
Location: South Court Auditorium
Tickets: $15 general admission/$10 Library Donors and Seniors/FREE for students with valid ID.

For Tickets, call 212.868.4444

Mumbai, Terror, and Islamism

Tuesday, April 7, 7:00 PM
Location: South Court Auditorium
Tickets: $15 general admission/$10 Library Donors, Asia Society Donors, SAJA members and Seniors. FREE for students with valid ID.
For Tickets, call 212.868.4444

T.J. Stiles and Kevin Baker: The First Tycoon

Thursday, April 30, 7:00 PM
Location: South Court Auditorium
Tickets: $15 general admission/$10 Library Donors and Seniors/FREE for students with valid ID
For Tickets, call 212.868.4444

A Check-Room Romance: Ben Katchor and Mark Mulcahy

Wednesday, May 13, 7:00 PM
Location: South Court Auditorium
Please Note: This event is currently SOLD OUT. Please check back periodicaly, as more tickets may become available.

Danzy Senna and Rebecca Walker: Where Did You Sleep Last Night? A Personal History

Wednesday, May 27, 7:00 PM
Location: South Court Auditorium
Tickets: $15 general admission/$10 Library Donors and Seniors/FREE for students with valid ID.
For Tickets, click here or call 212.868.4444

Posted On: March 16, 2009

Legal Division Quarterly: The Winter/Spring 2009 Issue

The Legal Division Quarterly is the Newsletter of the Legal Division of the Special Libraries Association:

The 2009 Winter/Spring issue of the Legal Division Quarterly is now online at:
http://units.sla.org/division/dleg/Newsletter/LDQ%20Winter%20Spring%20v16n1&2.pdf

In this issue:

Get Your Intranet Engines Started
David Whelan

Editor's Notes
Liz Smith

From the Board Room
Martha Foote

Seminar Review: Sylvia James--Researching Private Equity
Anthony McGrath

Legal Bytes: Time Recording for Librarians
Devin GawneMark

SLA Legal Division Programs 2009: Shaping YOUR Future
Cindy Carlson

Legal Division's 2009 Travel Grants
Marilyn Bromley

Membership Update
Geri Heberlie

Legal Division Archives Needs You(r stuff)
Anne Abate, Ph.D.

Free Case Law Websites and the Private Law Firm Library
Tracy Z. Maleef

Water Cooler--Whiteboards Rock!
Constance Ard

International Corner--Letter From Australia
Miz Brmbota

Correction--Conference Review "Ethical Competitive Intelligence"
Katherine K. Coolidge

SLA Adds New Dues Tier for Info Pros Making Less than $18K

Copyright Certificate Program
_________________________________
Many thanks to Liz Smith, M.L.S. at Sites & Harbison PLLC, Lexington, Ky for bringing our attention to the availability of this issue.

Posted On: March 16, 2009

Two Twitter Stories

Stories about popular, exciting topics, often appear almost together , sometimes on the same day. On March 13 two stories published in the InformationWeek Daily Newsletter caught our attention and we wanted to pass them on to our readers:

In "The Intruder Story: Man At His Best", Michael Hickins writes:

"As far as I'm concerned, David Prager is a hero. I would love to meet the man with enough sangfroid (that's French for cojones) to Tweet and to even set up a Ustream of the event, all while reflecting on the relative degree of danger in which he found himself."

The second story, "Twitter's Future Looks More Social that Commercial," by Thomas Claburn is more of a discussion about the direction Twitter developments eeem to be taking and how this relates to the evolution of Facebook and other social networks. Discussing information in a recent industry report about social networks, he writes:

" 'Twitter sent nearly one in five downstream visits to Social Networks and one in five to Entertainment Web sites in February,' said Hitwise's Heather Hopkins in a blog post. 'The top Social Networks visited after Twitter were, not surprisingly, Facebook and MySpace, followed by the Twitter Search page and YouTube.'" Claburn also observes that "when Twitter grows up, its not clear what it will be."

We think Twotter fans, and even those with only a passing interest, will find these articles informatiove and perhaps enertaining. Click on the titles to reach the entire articles.

Posted On: March 16, 2009

Book Review: Trial Advocacy Planning, Analysis and Strategy

REVIEWED BY: THEODORE POLLACK*


Title: Trial Advocacy: Planning, Analysis, and Strategy

Authors: Marilyn J. Berger, John B. Mitchell, Ronald Clark

Publisher: Wolters Kluwer

Edition: Second

Pages: 596

ISBN: 978-0-7355-7144-0

Publication Date: 2008

“Trial Advocacy: Planning, Analysis, and Strategy” and its companion volume of “Trial Advocacy: Assignment and Case Files” provide a primer on the subject of basic trial skills, litigation techniques, and substantive legal material related to litigation. The authors are affiliated with the Seattle University School of Law in teaching capacities related to trial advocacy. Professor Marilyn Berger is the Director of the Comprehensive Trial Advocacy Program; John Mitchell is the director of the Seattle University School of Law Practice Clinic and has taught courses in Evidence, Criminal Law, and Criminal Procedure; Ronald Clark is Distinguished Practitioner in Residence and served as chief of the Criminal Division for the King County Prosecutor's Office and is the former Senior Training Counsel for the National College of District Attorneys.
“Trial Advocacy: Planning, Analysis, and Strategy” is a thorough and readable introduction to trial advocacy for law students or new practitioners. It covers the various pre-trial issues (e.g. case theory and development, motion practice) and trial stages with a focus on the trial (e.g. opening statement, direct examination, cross-examination, closing, jury instructions, etc.). The related volume, “Trial Advocacy: Assignments and Case Files,” comes with a dvd that contains a movie and factual scenario used for illustrating techniques and procedures as well as material for assignments that flesh out the theoretical structure and content of “Trial Advocacy: Planning, Analysis, and Strategy.” Utilized together the two volumes and multimedia material provide useful instructional material to assist in learning litigation and advocacy skills. These volumes are recommended for trial techniques, law school, and continuing legal education classes.
_________________________________
*Theodore Pollack is the Senior Law Librarian, New York County Public Access Law Library, New York, NY.

Posted On: March 16, 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.

March 9 - 13, 2009:

U.S. Supreme Court, March 09, 2009
Vermont v. Brillon, No. 08-88
The Vermont Supreme Court's reversal of Defendant's domestic violence conviction is reversed, where the Vermont Supreme Court held that delays attributable to Defendant's assigned counsel denied Defendant a speedy trial, but assigned counsel, just as retained counsel, act on behalf of their clients, and delays sought by counsel are ordinarily attributable to the defendants they represent.

U.S. 1st Circuit Court of Appeals, March 12, 2009
US v. Rivera-Maldonado , No. 07-1426
Judgment against defendant for possession of child pornography is vacated where: 1) in plain error, the magistrate judge relied on the plea agreement and erroneously told defendant that the maximum possible period of supervised release was three years, and did not inform defendant that he could be sentenced to lifetime supervised release; 2) the error affected defendant's substantial rights as he has shown a reasonable probability that he would not have entered the guilty plea if he understood that it would lead to a lifetime of supervised release; and 3) the error seriously affected the fairness, integrity, or public reputation of judicial proceedings. Case is remanded with instructions that defendant be permitted to withdraw his guilty plea.

U.S. 1st Circuit Court of Appeals, March 12, 2009
US v. Arbour, No. 07-1979
Sentence for drug and firearms offenses is affirmed where the district court did not commit clear error in holding that defendant was involved in a criminal activity that was extensive and that he qualified as a leader or organizer of the criminal activity, thereby invoking an increase in his offense level under the Sentencing Guidelines.

Continue reading " Findlaw Case Summaries: Criminal Law " »

Posted On: March 16, 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.

March 9 - 13, 2009:

U.S. 3rd Circuit Court of Appeals, March 10, 2009
Fontroy v. Beard, No. 07-2446
In an action involving the First Amendment rights of prisoners, district court's judgment is reversed where the defendant's new prison mail policy requiring attorneys and courts to affix control numbers to mail sent to inmates is reasonably related to legitimate penological interests and thus does not unconstitutionally infringe on First Amendment rights, as there is a rational connection between the mail policy and the prison's interest in prison security and safety.

U.S. 4th Circuit Court of Appeals, March 12, 2009
Moore v. Williamsburg Regional Hosp., No. 07-1966
In a wrongful termination action by a physician against a hospital, summary judgment for Defendants is affirmed, where: 1) the Health Care Quality Improvement Act immunized Defendants from Plaintiff's state-law claims; and 2) the hospital was not a state actor and thus was immune from Plaintiff's federal due process claims.

U.S. D.C. Circuit Court of Appeals, March 13, 2009
Delaware Dept. of Natural Res. & Envt'l. Ctrl. v. FERC, No. 07-1007
Petitioner state agency's petition for review of FERC's approval of an application to operate a natural gas site is dismissed, where Petitioner lacked standing to challenge the order because it was expressly conditioned on Petitioner's approval.

U.S. Fed. Circuit Court of Appeals, March 12, 2009
Rose Acre Farms, Inc. v. US, No. 07-5169
Court of Federal Claims holding that USDA regulations which restricted defendant's egg sales during a two-year period constituted a taking for which just compensation is due is reversed where: 1) plaintiff's monetary loss due to the regulations was not insignificant but did not approach the level of severe economic harm; 2) the character of the government's regulations strongly favors a non-taking; and 3) although the reasonable investment-backed expectations favor plaintiff, they are not strong enough to be dispositive. The government did not commit a compensable taking and is thus not liable to plaintiff for just compensation.

California Appellate Districts, March 09, 2009
California Sch. Bd. Assoc. v. State of California , No. C055700
In a challenge to state legislative action, trial court's grant of injunctive and declaratory relief is affirmed in part and reversed in part where: 1) the Legislature's direction to the Commission on State Mandates to redecide specific test claims decisions that were issued before the amendment of Gov. Code section 17556 (f) violated the separation of powers doctrine; and 2) Gov. Code section 17556 (f) is consistent with article XIII B, section 6 of the California Constitution, to the extent that the amended statute provides that the state need not reimburse local governments for imposing duties that are expressly included in or necessary to implement a ballot measure.


Posted On: March 16, 2009

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

Update from the Lexis Alert Service,

March 16, 2009.

1. People v. Casanova, 89/06, 54, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1850; 2009 N.Y. App. Div. LEXIS 1698, March 12, 2009, Decided, March 12, 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 ...
... appeals from a judgment of the Supreme Court, New York County (Bruce Allen, J.), ...
... People v Crimmins, 36 NY2d 230 [1975]). Accordingly, the judgment of the Supreme Court, New York County (Bruce Allen, J.), ...
... Squib inserted here: Judgment, Supreme Court, New York County (Bruce Allen, J.), ...

2. People v. Monroe, 4727, 1389/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1830; 2009 N.Y. App. Div. LEXIS 1799, March 12, 2009, Decided, March 12, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (James A. Yates, ...

3. People v. Velez, 4741, 6382/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1831; 2009 N.Y. App. Div. LEXIS 1779, March 12, 2009, Decided, March 12, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (James A. Yates, ...

4. People v. Bennett, 5258, 5259, 5260, 1247/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1834; 2009 N.Y. App. Div. LEXIS 1805, March 12, 2009, Decided, March 12, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

5. People v. La Rosa, 47, 3687/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1842; 2009 N.Y. App. Div. LEXIS 1781, March 12, 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 R. Ambrecht, ...

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

Posted On: March 13, 2009

Q&A: Spanish Vietnamese Versions of Court Websites

QUESTION*

For courts who have translated their public website into the Spanish
and/or Vietnamese languages:

Do you have a Spanish and/or Vietnamese version of your court public
website?

Do you have statistics on number of visitors by language that you can
share?

Have you conducted a cost/benefit analysis or impact report?

SOME RESPONSES:

There are several multi-lingual court websites on the Top 10 list of winners, but the most recent are:

District of Columbia Ccourts
http://www.dccourts.gov/dccourts/index.jsp
They do have a Vietnamese translation

NY Courts
http://www.courts.state.ny.us/
They do not have a Vietnamese choice

Rhode Island Courts
http://www.courts.state.ri.us/
They do not have a Vietnamese choice

Check out the whole list, including 10 years of archived winners at:

http://justiceserved.com/top10sites.cfm

Also, one note of caution ... merely plugging in Bablefish.com or some other online translation service is not sufficient for most courts as legal terms do not always translate well.
_____________________________________

To get empirical information on this issue would be great. Too often we
assume that those whom we are trying to reach are literate in their
native language, which is not always the case (for example, the third
wave of Vietnamese immigrants to the San Diego area, who came from rural
areas/refugee camps and from an entirely oral culture). And similarly,
in areas with longstanding immigrant communities (e.g., San Joaquin,
CA), it is also not uncommon for there to be a high level of
bilingualism, making the need for translated materials less critical as
a matter of choice by those folks (we printed lots of Spanish-language
survey forms, but few people used them, taking the English one instead).

The CA AOC Self Help Web site is available in both English and Spanish,
it would be interesting to know what the data say about frequency of
use.
_____________________________________

I am writing an article on my experience translating portions of the Indiana Code. The point I am making is that since the Spanish version (or any other language for that matter) of certain legal document does not have legal force like in Canada, for example, the purpose of the translated version can be different from the source document. This is called skopos theory - an oldie in translation studies but still applicable. The translation can be made in a way that serves a specific purpose, for example informing the public. [.......] makes a good point: knowing the target reader helps deterring the register of the translated version should have.

As for forms and other types of document, I think user often pick the English original because they understand English more than they speak. Quality of the translation may be another factor.
_____________________________________

We are in the process of translating our entire Virtual Self Help Law
Center website into Spanish. We have good analytics on the site, and so
will be able to provide this community with some information on website
traffic, as well as the anecdotal information from clerks, self help
attorneys, and judges about whether they are noticing any impacts at the
window, in the self help center, and in the courtroom. Most likely,
these statistics should become meaningful by fall.

The website (in English) is at: www.cc-courthelp.org

______________________________________

The Superior Court of California, Santa Clara has also translated their self-help website into Spanish and Vietnamese.

The California Courts self-help website www.sucorte.ca.gov makes a special effort to use the Spanish that we hear used in the courtrooms. It is translated by certified translators and reviewed by a fully bilingual - native Spanish-speaking California attorney with a wonderful background in providing a variety of self-help services.
______________________________________

Connecticut has a growing number of its Web pages in Spanish. The top visits for our most recent available month (November 2008) are:

Spanish Pages:

Spanish home page http://www.jud.ct.gov/espanol.htm - 1,100 visits for the month, #110 in top 200 pages

Spanish Traffic FAQs http://www.jud.ct.gov/faq/sp/ - 596 visits for the month, #186 in top 200 pages

Spanish Publication Downloads:

http://www.jud.ct.gov/Publications/Spanish/es211S.pdf - 624 downloads, #65 of top 200 downloads
(A Child Needs Emotional and Financial Support of Both Parents)

http://www.jud.ct.gov/Publications/Spanish/HM015S.pdf - 311 downloads, #123 of top 200 downloads
(A Tenant's Guide to Summary Process (Eviction))

http://www.jud.ct.gov/Publications/Spanish/HM031s.pdf - 309 downloads, #125 of top 200 downloads
(Rights and Responsibilities of Landlords and Tenants in Connecticut)

http://www.jud.ct.gov/external/kids/ColoringBook/JDP_ES_189S.pdf - 230 downloads, #169 of top 200 downloads
(Coloring Book)

______________________________________

*In deference to requests from some readers I have deleted all references to personal names in the above responses. I have however preserved references to geographical areas and to speciific web sites to add relevance to the responses.


Posted On: March 13, 2009

U.S. Supreme Court Update: Vermont v. Brillon No. 08-88

From the American Bar Association Criminal Justice Section: http://www.abanet.org/crimjust

I"n a case arising from a felony domestic assault and habitual offender charges, where the defendant had at least six different appointed attorneys between the time of his arrest and his trial, the trial court denied the defendant's motion to dismiss for want of a speedy trial. The Vermont Supreme Court, however, reversed, holding that the conviction must be vacated, and the charges dismissed, because the State did not accord a speedy trial as is required by the Sixth Amendment. The Supreme Court held that The Vermont Supreme Court erred in ranking assigned counsel essentially as state actors in the criminal justice system, stating that assigned counsel, just as retained counsel, act on behalf of their clients, and, in the absence of institutional breakdowns of the public defender system, delays sought by counsel are ordinarily attributable to the defendants they represent."

The full opinion can be accessed at http://topics.law.cornell.edu/supct/cert/08-88

Posted On: March 13, 2009

Metropolitan New York Library Council (METRO): Strategic Plan 2009-2014

The Metropolitan New York Library Council (METRO), the New York State reference and research library resource system serving New York City and its metropolitan area, has just released its Strategic Plan 2009-2014. This stragetic plan which was developed through a broad consultative and inclusive process (including input from law libraries), addresses the needs of its member libraries, the demands of a changing library/information world, and the course METRO should take. As for disclosure, I participated in the planning and development of this Stragetic Plan as a member of the METRO Professional Planning Group. In the past I have also served as a member of the Board of Directors of METRO.

In view of the importance and urgency of issues addressed I am posting the entire Strategic Plan here with the hope that it will be distributed widely among libraries, their parent organizations, and other organizations concerned about libraries and librarianship. We would also appreciate comments.

David Badertscher


Posted On: March 13, 2009

ABA Journal Weekly Newsletter

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

Layoffs
Partner Ousters Double or Triple the Pace of Two Years Ago, Consultant Says
Mar 12, 2009, 07:33 am CDT

Law Firms
731 Lawyers and Staff Laid Off Monday at Morgan Lewis, K&L Gates and White & Case
Mar 9, 2009, 02:14 pm CDT

Plus These Recession Headlines:

Layoffs at Sidley? 12-Day Tally of Axings Elsewhere Nears 2,700

Hildebrandt: Cut Associate Salaries Now

Will $144K Become the Norm for BigLaw Associate Starting Pay?

Morgan Lewis Chair is 'Very Confident & Positive About the Future'

Broaden Job Search, Maybe Go Solo, Officials Tell Worried Law Students

Real Estate & Property Law

Business Booming for Lawyers Who Help Homeowners Facing Foreclosure
Mar 9, 2009, 04:18 pm CDT

Legal Ethics
Lawyer's Impatience as a Juror Could Lead to Disbarment
Mar 10, 2009, 08:25 am CDT

Law Firms
At Virtual Law Firm, Ex-DLA Partner Expects to Work Less, Earn More
Mar 9, 2009, 06:10 am CDT

Careers
Chicago Lawyer Makes $75,000, But Worries About Bankruptcy
Mar 10, 2009, 01:44 pm CDT

In-House Counsel
Those Letters About Fee Increases Are Source of In-House Amusement
Mar 11, 2009, 09:17 am CDT

Judiciary
Mutual Fund Case Highlights Posner and Easterbrook 'Judicial Fisticuffs'
Mar 11, 2009, 11:38 am CDT

Careers
'Impressive' Cover Letter Reportedly Bombs at Bingham
Mar 11, 2009, 10:41 am CDT

Personal Lives
Texas Lawyer Gives Kidney to Courtroom Opponent
Mar 10, 2009, 07:16 am CDT


Posted On: March 12, 2009

From the Americqan Libraries Direct

American Libraries Direct is the e-newsletter of the American Library Association (ALA),

March 11, 2009.

Highlights:

Library technology unconference

Have you ever been “speed-geeking”? Struck by “lightning-talks”? Join keynoters Joan Frye Williams and John Blyberg at the first-ever LITACamp, “The Everywhere Library: Creating, Communicating, Integrating,” May 7–8, in Dublin, Ohio. Participants determine the topic and format of the sessions on-site, sign up for time slots, and pitch session ideas to all. Registration is accepted online and onsite. A special housing rate is available until April 10....


Beverly P. Lynch receives 2009 Lippincott Award

Beverly P. Lynch, professor at the UCLA Graduate School of Education and Information Studies, is this year’s recipient of the Joseph W. Lippincott Award. The award, founded in 1938, is given annually to an individual for distinguished service to the profession of librarianship. Lynch served as ALA President in 1985–1986 and has made a remarkable personal commitment to providing widespread service to libraries, educational programs, and the profession at large....


2009 Kilgour Award winner

The winner of this year’s Frederick G. Kilgour Award is William H. Mischo, head of the Grainger Engineering Library and Information Center at the University of Illinois at Urbana-Champaign. The award, jointly sponsored by LITA and OCLC, is given for research relevant to the development of information technologies. The award committee chose Mischo from a strong field of nominated leaders and praised his three-decades-long work on the design of user-centered information retrieval tools and services...


David Smith: NYPL’s librarian to the stars

David Smith has worked at the 42nd Street and Fifth Avenue branch of the New York Public Library for 30 years, starting as a clerk and eventually landing at the General Research Division. Currently he’s a supervising librarian (and librarian to the stars), a vault of information, and a teller of some fascinating stories. Recently he spoke about giving Werner Herzog an insider’s tour of the NYPL, how stacks run all under Bryant Park, and his friend Joey Goldstein (the New Yorker he most admired)....
The Gothamist, Mar. 6; New York Times, Dec. 31, 2007


Google Docs suffers privacy glitch

Jason Kincaid writes: “In a privacy error that underscores some of the biggest problems surrounding cloud-based services, Google has sent a notice to a number of users of its document and spreadsheet products stating that it may have inadvertently shared some of their documents with contacts who were never granted access to them. According to the notice, this sharing was limited to people ‘with whom you, or a collaborator with sharing rights, had previously shared a document’—a vague statement that sounds like it could add up to quite a few people.”...


Browsers are changing to accommodate powerful applications

Erica Naone writes: “We’ve come a long way from the flat documents that made up the web in its early years. As internet access has expanded and bandwidth has increased, designers and programmers have figured out ways to build sophisticated, interactive applications that run in the browser. Nowadays, these programs include web-based word processors, photo-editing software, money-management tools, and much more. The next generation of HTML promises to make web applications work even better.”...
Technology Review, Mar. 10
TechCrunch, Mar. 7


Five sites for experiencing the web in real time

Frederic Lardinois writes: “One of the most interesting trends on the internet right now is a move toward a more real-time experience. We have seen a lot of discussion lately about how Twitter is leading the charge by creating a search engine for the real-time web, for example. However, there are also a good number of other services that already expose some of the promises of the real-time web.”...
ReadWriteWeb, Mar. 6

Click here to see the entire March 11, 2009 issue in html.

Posted On: March 12, 2009

New Report from Women Legal Magazine: Professional Development Strategies for Women in the Modern Workplace

Women Legal Magazine’s new report Women in Business: Professional Development Strategies for Women in the Modern Workplace released in 2 weeks time is an unbiased look into strategies and techniques employed by successful women in today’s current workforce, the direct effects they have on their careers, and the impact they have on the organizations they work for.

Below is a brief overview of the report, and a full executive summary and table of contents is available on request.

Overview:
Diversity and more specifically gender diversity, has direct benefits in a business context. Evidence is mounting to support this statement, and it has been acknowledged by many that women bring a distinct personality and motivational strength to the business environment and to leadership roles. A study by Catalyst reports that large corporations which boast higher numbers of female directors have stronger financial performance on average than those with fewer women on the board.

The first half of Women in Business covers topics including:
- The gender divide and gender leadership styles - statistics and observations
- Approaches and strategies in bridging the gender diversity gap
- Self Branding, the need and necessity in today’s current economic climate
- Communication, assertiveness, and confidence and their impact on developing and retaining talented women
- The importance of networking and business networks for career building
- Negotiating and Politics in the workplace
- Work-Life balance programs effect on productivity, creativity, retention, and job satisfaction
- The benefits of mentoring or being mentored

The second part of this report features case studies and insight from a variety of organizations including:
- Minter Ellison Perth– Diversity in the Workplace Using Innovative Approaches
- Inspirational Women – a candid interview with 9 women each from different industries and backgrounds
- PKF Chartered Accountants and Business Advisers -Supporting Diversity in the Workplace
- Women in Business Programs – Do They Work?
- Women in Business Survey results

Contact Information:

Women Legal Magazine

t: (+1) 309 681 0960
f: (+1) 309 681 0965
e: melam@ark-group.com

To view other reports and publications from Women Legal Magazine visit us at http://www.womenlegalmagazine.com/bookshop.asp

Posted On: March 12, 2009

Publication Announcment: Business Torts: A Fifty State Guide, 2009 Edition

Business Torts: A Fifty State Guide, 2009 Edition
by Morton F. Daller, Editor-in-Chief
Aspen Publishers

List Price: $225.00 (With Free Standard Shipping on U.S. Prepaid Orders)
ISBN-13: 9780735580732 / Format: Perfect Bound

Features:

an organization and layout that is practical and straightforward content that is clear and on point

a great deal of information presented in a well though out, but brief format

There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. In addition to the very significant differences in the statutes of limitation, other significant differences include:

Some states have not recognized a cause of action for negligent interference with an economic advantage.

Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others.

One state recognizes a cause of action for "strict responsibility misrepresentation." Another state recognizes claims of "prima facie tort" for wrongs that do not fit into traditional tort categories.

And these are only a few examples of the more significant differences.

Each of the 51 state chapters includes expert analysis of the following:

Statutes of Limitation
Misappropriation of Trade Secrets
Tortious Interference with Contracts and Prospective Economic Relations
Business Defamation and Disparagement
Fraud and Negligent Misrepresentation
Libel or Trade Libel
Covenants Not to Compete
Discharge of At Will Employee
Breach of Fiduciary Duty Officers' and Directors' Liability
Consumer Fraud Statutes
Breach of Warranty
Fraudulent Transfer
The Economic Loss Doctrine
Special Courts or Procedures to Handle Business Litigation


Posted On: March 6, 2009

The Oxford Companion to International Criminal Justice

Book Review by David Badertscher*
March 6, 2009.

The Oxford Companion to International Criminal Justice
Antioio Cassese, Editor in Chief
Oxford University Press 2009

Book Review: The Oxford Companion to International Criminal Justice

Antonio Cassese, General Editor.

Oxford University Press, 2009.

When Antonio Cassese, Professor of International Law at the University of Florence, was first approached some six years ago on behalf of Oxford University Press to edit an Oxford Companion devoted to international criminal justice, he refused for a number of understandable reasons, including the realization that this task would be truly titanic, and being uncertain of the availability of adequate staff support. However, when Professor Cassese was again approached some two years later he accepted, explaining that he ...”very much liked the idea of compiling for the first time a sort of encyclopaedia covering an area [international criminal justice] that, while in full bloom, had not yet been the object of a general exposition of all its ramifications and intricacies.” By this time he was also able to assemble a very impressive, world class group of contributors that reads like a veritable who’s who of the field to collaborate on this work under Professor Cassese’s direction. The final result is a significant work which treats its subject both broadly and in depth in an accessible manner.

The Oxford Companion to International Justice (Companion), is divided into three parts. Part A consists of 21 essays including a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. Part B is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. Part C contains over 400 case summaries of key trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture and terrorism.

With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be an entry point for scholars, practioners, and others interested in current developments in international justice. It addresses the various intricacies of international criminal justice and to some extent other areas of international justice in a manner that is both scholarly and accessible. This is in itself a considerable accomplishment. It attests to the high quality of collaboration among the contributors Professor Cassese assembled. Indeed, one of the special qualities of this work is the use of language throughout that enables those who are not familiar with criminal law but who have an active interest in matters related to international justice to find it useful.

If there is any weakness to this work it relates to the arrangement of some of the material in the book and not the quality of its content. Some readers may find that arranging so many of the tables and lists in the front of the book, before Part A, creates a type of barrier or ‘firewall’ between the Forward and Table of Contents and the substantive materials in Parts A, B, and C, thus unintentionally reducing the accessibility of the work for some users. A better approach might be to have left all of this material in the back near the index so that all of this type of information would be consolidated in one place. A second unrelated suggestion for any future edition would be to add some type of scope note at the beginning of each Part to also enhance accessibility.

It needs to be emphasized that the Oxford Companion to International Criminal Justice is more than a work designed to update scholars, practioners, and others on current developments international justice. An examination of the essays in Part A and cases in Part C indicates that materials contained therein are of sufficient scope and depth that they can be consulted as part of in depth research by all readers. It is a significant work recommended for academic and specialized libraries, large public libraries, scholars and other specialists with interest in the field, and for those general readers who need to keep up with developments in international justice.

Although the Oxford Companion to International Criminal Justice was published by Oxford University Press in the United Kingdom on January 22, 2009, it will only be available in the United States on March 23. That is because it takes about six weeks for stock to be shipped to the US warehouse of Oxford University Press and then a couple of weeks to get to further United States outlets.
___________________________________
*David Badertscher is the Principal Law Librarian at the New York Supreme Court Criminal Term, First Judicial District. New York, NY.

Posted On: March 6, 2009

Recently Published Articles on LLRX.com*

March 6, 2009.

To see the following articles recently published on LLRX go to http://www.llrx.com

**Guide to International Refugee Law Resources on the Web

This updated research guide by Elisa Mason directs readers to some of the key texts and resources available on the Web that can help shed light on, and provide a context for, many of the issues currently being deliberated in the refugee law arena. The guide covers international and regional instruments, human rights and humanitarian law, international bodies (especially the UNHCR), national legislation, case law, and periodicals.

**Criminal Law Resources: Social Networking Online and Criminal Justice

The activities of users and the information being posted on social networking sites are having wide ranging effects on the administration of justice, law enforcement investigation, prosecution and defense. Ken Strutin's guide provides a snapshot of many of the novel and varied uses of social networking evidence in the field of criminal justice.

**Knowledge Discovery Resources 2009: An Internet MiniGuide Annotated Link Compilation

Marcus P. Zillman's compilation is dedicated to the latest and most reliable resources for knowledge discovery available through the Internet. This wide ranging selection of resources provides specialized tools, applications and sources relevant to researchers from many disciplines

**See also beSpacific - www.bespacific.com - the research blog on law and technology issues, updated daily since 2002. With a searchable database of over 20,000 postings, Sabrina I. Pacifici focuses on primary documents and reliable resources on topics that include: the financial system, privacy, Congressional hearings and legislation, e-government, legal research, government documents, ID theft and cybercrime, civil liberties, libraries, and more
.
**Subscribe to the free weekday e-mail update: http://www.bespacific.com/mt/subscribe.html
__________________________
*FOR ADDITIONAL INFORMATION CONTACT:
Sabrina I. Pacifici
Founder, Editor, Publisher
LLRX.com, established in 1996
www.llrx.com
spacificATearthlinkDOTnet

Posted On: March 6, 2009

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

Update from the Lexis Alert Service,

March 6, 2009.

1. People v. Malave, 5407, 43/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1529; 2009 N.Y. App. Div. LEXIS 1503, March 3, 2009, Decided, March 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 (Edward J. McLaughlin, ...

2. People v. Caldwell, 5411, 5645/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1532; 2009 N.Y. App. Div. LEXIS 1507, March 3, 2009, Decided, March 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 (Michael J. Obus, ...

3. People v. Ramirez, 5415, 5415A, 3426/05, 364/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1535; 2009 N.Y. App. Div. LEXIS 1502, March 3, 2009, Decided, March 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 ...
Judgments, Supreme Court, New York County (Arlene R. Silverman, ...

4. People v. Rush, 5412, 6099/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1533; 2009 N.Y. App. Div. LEXIS 1501, March 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 (Maxwell Wiley, J.), ...

5. People v. Richiez, 5421, 3431/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1540; 2009 N.Y. App. Div. LEXIS 1511, March 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 (Michael R. Ambrecht, ...

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

Posted On: March 6, 2009

ABA Journal Weekly Newsletter

Top Ten Stories of the Week ending March 5, 2009:

Law Practice Management
March Mayhem: Law Firm Layoffs Top 1,400 Since Friday
Mar 4, 2009, 05:59 pm CST

Law Firm Cuts 'Getting Deeper'

After Layoffs, Some Law Firms Have 1 Staffer for Every 4 Lawyers

Law Firm Layoffs Alternative: 4-Day Week for Over 100 Attorneys and Staff

Top Layoff List Led by Orrick and Latham

Will Part of Professional Class Be Wiped Out by the Downturn?

Partners
Laid-Off Cadwalader Associate Creates Partner Rating Website
Mar 3, 2009, 08:57 am CST

Law Firms
Under 1-tier Structure, DLA's Equity Partner Count Jumps from 300 to 670
Mar 2, 2009, 03:44 pm CST

Law Students
Law Students Report Positive Reaction to No-Laptop Policy
Mar 5, 2009, 07:43 am CST

U.S. Supreme Court
O'Connor Corrects Jon Stewart in Daily Show Appearance (See the Video Clips)
Mar 4, 2009, 09:04 am CST

Law Practice Management
How Law Practice Will Become Like Off-the-Rack Suits
Mar 2, 2009, 08:50 am CST

U.S. Supreme Court
Why Supreme Court OK'd Suits Over Drug Labels, But Not Medical Devices
Mar 5, 2009, 08:14 am CST

Constitutional Law
Law Profs Shocked By DOJ Memos About Bush Presidential Powers
Mar 4, 2009, 03:52 pm CST

Law Firms
Hunton Prowls for Litigators; Akin Denies Trouble
Mar 3, 2009, 04:20 pm CST

Court Security
Calif. Courtroom Melee: Defendant Stabs Judge, Is Shot Dead By Detective
Mar 5, 2009, 12:20 am CST

Posted On: March 5, 2009

International Law Office: Second Annual European Counsel Awards 2009

Shortlist Announced:

The International Law Office (ILO) is delighted to announce the shortlist for the second annual European Counsel Awards in association with the Association of Corporate Counsel Europe (ACC Europe).

With the help of the ACC, we have conducted in-depth analysis of in-house lawyers and legal departments worldwide. Over 3,000 individual nominations from corporate counsel and law firm partners make the awards unique in clearly identifying those in-house counsel, both teams and individuals, who excel in their specific roles.

The full shortlist can be accessed here.

The winners will be announced at a gala dinner and awards ceremony to be held in London on Thursday March 26.

Posted On: March 5, 2009

CBS News Show 60 Minutes to Report on Eyewitness Identification

SPECIAL BULLETIN FROM THE AMERICAN JUDICATURE SOCIETY

60 Minutes to Report on Eyewitness Identification Reform

The CBS News show, 60 Minutes will air a two-segment report on Eyewitness Identification Reform on Sunday, March 8, 2009, at 7pm EST.

Dr. Gary L. Wells, Director of Social Sciences for the AJS Institute of Forensic Science and Public Policy, and Christine Mumma, member of the AJS Board of Directors, were both interviewed for the program. The 60 Minutes segment will focus on problems with misidentification of suspects and potential reforms, which are currently being studied by AJS (American Judicature Society) and other organizations in the national Eyewitness Identification Field Studies.

Mistaken eyewitness identification is widely considered the leading cause of wrongful convictions in the United States. Of the 232 cases over-turned by DNA evidence to date, over 75% have involved faulty eyewitness identification. To learn more about the national Eyewitness Identification Field Studies, please visit the AJS Institute of Forensic Science and Public Policy’s website at www.ajs.org/wc/index.asp

Posted On: March 5, 2009

American Judicature Society Cites Need for Justice Department "Rescue Plan"

From: News Release-March 3, 2009:

Des Moines, IA — March 3, 2009 — In an editorial in the January-February 2009 issue of its journal, Judicature, the American Judicature Society has called on the new administration to make the restoration and reinvigoration of the Department of Justice a major priority.

The editorial notes that the Department’s reputation for political impartiality and the morale of its personnel are at their lowest ebb since the Department’s nadir in the wake of the Watergate scandal. Recent events, the editorial says, have done serious damage to public confidence in the even-handed administration of justice.

Recommendations for a rescue plan include encouraging a culture of independence; enforcing strict limits on contacts between Department personnel and other executive branch officials; requiring that Department personnel report any attempts by politicians to influence decision making or obtain non-public information; nominating to leadership positions persons of unquestioned ability and, whenever possible, significant experience in the Department; demanding adherence to the principle that all prosecutive decisions be based solely on the merits; fostering an atmosphere where dissenting views are respected; and ensuring vigorous investigations into alleged misconduct to ensure a regime of transparency and accountability.

The full editorial is available at http://ajs.org/ajs/ajs_editorial-template.asp?content_id=779

Posted On: March 5, 2009

New Books: New York Supreme Court Appellate Division Fourth Department Library

The following link leads to the Spring 2009 list of new books that can be found on the new book shelf of the New York Appellate Division Fourth Department Library:

http://www.nycourts.gov/library/ad4/datas/newbklst.pdf

Posted On: March 4, 2009

Linkedin Recommendations: Five Ways to Make the Most of Them

BY:Lynch, C.G. CIO , February 19, 2009.
Excerpt:

"As potential employers or recruiters peruse your work experience on LinkedIn, recommendations from past and present colleagues can be one of the most helpful features to help communicate your value. Here's five tips for doing the most good for yourself with LinkedIn recommendations."

To see the complete article click on the link below:

LinkedIn Recommendations: Five Ways to Make The Most of Them

See also:

About Linkedin

The Linkedin Blog

Posted On: March 4, 2009

The Future of Today's Legal Scholarship: A Symposium in Honor of Bob Oakley

The Future of Today's Legal Scholarship:
A Symposium in Honor of Bob Oakley
July 25, 2009
Georgetown University Law Center
Georgetown Law Library
About The Future of Today's Scholarship: A Symposium in Honor of Bob Oakley

The time to debate the role of blogs in legal scholarship has passed. As we approach the end of the first decade of the 21st century, one of our oldest and most conservative disciplines has clearly embraced the era of electronic publishing. Blogging has indeed transformed legal scholarship. Now it's time to move the dialogue forward.

The Future of Today's Legal Scholarship is a symposium that brings together academic bloggers, law librarians, and experts in preservation to tackle the bigger, more imperative challenges that will influence legal scholarship and democratic access to legal information for generations to come.

We must determine how to prioritize, collect, archive, preserve, and ensure reliable long-term access to the burgeoning amount of legal scholarship being published through new, informal channels on the Web.

The Future of Today's Legal Scholarship aims to accomplish this objective through non-conventional means. This symposium is an active, idea-based exchange inviting the participation and contribution of attendees alongside that of expert presenters and panelists.

This unique symposium will seek answers to the questions:

1. How can quality academic scholarship reliably be discovered?
2. How can future researchers be assured of perpetual access to the information currently available in blogs?
3. How can any researcher be confident that documents posted to blogs are genuine?

The symposium will include a working group break-out session to create a uniform standard for preservation of blogs, a document to be shared by bloggers and librarians alike.

Laura E. Campbell of LC and Linda Frueh of the Internet Archive are scheduled to participate. The Law Library of Congress has initiated and led a project in that Library to capture scholarly legal blogs. They expect to make them available on the website by the end of this month.

For more information about The Future of Today's Legal Scholarship Symposium, contact:

Jennifer Locke Davitt
Head of Faculty Services
Georgetown Law Library
(202) 662-9145
jnl8@law.georgetown.edu

or

Kumar Percy Jayasuriya
Associate Librarian for Patron Services
Georgetown Law Library
(202) 662-9151
kumarj@law.georgetown.edu

Posted On: March 4, 2009

Court Law Library Online (CeLLO)

The New York Appellate Division Fourth Department Law Library has just announced in the Spring 2009 issue of their Law Library Newsletter rolling the introduction of a new online catalog. It will be rolled out during the month of March.

The move to a new system was prompted by the end of vendor development and support for the Horizon software, which has been in use by the library since 2000. The Appellate Division Law Library will launch its own system, CeLLO (Court Law Library Online), and the Supreme Court libraries around the state will launch a different system.

According to library staff, one key advantage to having their own system is that when searching the catalog, users will be able to only pull up titles owned by their library. In the current setup, users often found titles that were not owned by their library, but owned by other law libraries around the state

.


Posted On: March 3, 2009

American Association of Law Libraries Research Committee is Accepting Applications for Research Grants

The American Association of Law Libraries (AALL) Research Committee is accepting applications for research grants from the AALL Research Fund: An Endowment Established by LexisNexis®. A single grant of up to $1,425, or multiple grants totaling $1,425, may be awarded. The committee will award one or more grants to library professionals who wish to conduct research that supports the research and scholarly agenda of the profession of law librarianship. The deadline for applications is Friday, March 27, 2009.

For more information, consult the Research and Publications Committee website at http://www.aallnet.org/committee/respub/.

Posted On: March 3, 2009

Internet Poised For Significant Changes in 2009 Says Dr. Vint Cerf

The Internet in 2009 is undergoing the most significant set of changes of its entire history, ccording to one of the men who helped create it, Dr. Vint Cerf. At the official opening of the Internet Society's (ISOC) new offices in Geneva, on 26 February, Dr Cerf explained that
technical developments in the Internet's addressing system and the introduction of internationalised domain names are significant milestones.

Such statements carry weight, coming from the man who, in 1972, was one of the inventors of the Transmission Control Protocol (TCP) and the Internet Protocol (IP), two critical technologies that remain at the heart of the Internet today. In addition to his technical
achievements, Dr. Cerf was also one of the founders of ISOC, an international non-profit organisation dedicated to ensuring the open development, evolution, and use of the Internet for the benefit of people throughout the world.

Jon McNerney, ISOC's Chief Operating Officer, paid tribute to Dr. Cerf: "As ISOC reaches out to bring the next billions of users online, we can be sure that the Internet they join will be bigger, more mobile, and more multilingual than ever before. This is very much thanks to the visionary decisions of Vint and his contemporaries to aim for open architectures, open andards, and an inclusive model of development."

Despite the technical challenges, Dr Cerf spoke of his great optimism for the future of the network and Internet applications. "We've now had 35 years of Internet development. It's been an exciting ride, but it's not over yet."

As the Internet expands, nothing is more important than getting the policy right," said Dr. Cerf. While noting that, as in other fields, abuses of the technology do happen, Dr. Cerf explained that technical measures cannot always stop the bad things, which is why governance is
so important.

"The Internet Society's role as a policy commentator and influencer is central," he said.

Posted On: March 3, 2009

Ribert Richards Updates Legal Information Systems & Legal Informatics Resources

Legal Information Systems & Legal Informatics Resources, http://home.comcast.net/~richards1000/LegalInformationSystemsBibliography.htm , has been updated with new content. This site aggregates resources of interest to those conducting research on legal information systems. Materials listed include the following:

• Articles, Preprints, Journals, Blogs, and Indexes
• Conferences and Conference Proceedings
• Dissertations & Theses
• Departments, Research Centers, Research Projects, and Organizations
• Copyright, Licensing, and Open Access
• Metadata, Knowledge Representation, and Systems Design
• Preservation
• Digital Libraries & Institutional Repositories
• CALR & Publishers
• Knowledge Management
• Court Technology
• Law Practice Technology

Comments and suggestions are welcome. Richard can be contacted at richards1000@comcast.net .

Posted On: March 3, 2009

Pre and Post Conference Gathering at Equal Justice Conference On Equal Justice and Impact on Self-Represented

RICHARD ZORZA

As you may know, the economic crisis is having a major impact upon courts, self-help programs, and indeed litigants.

A major focus of selfhelpsupport in the next year will be working to make sure that courts and their access partners continue to innovate in access to justice, even when times are tough and resources are tight.

As a launch to this focus, we will be having special pre and post conference gatherings for those working in self-help innovation at the Equal Justice Conference in Orlando this May.

The meetings are listed in the Conference Schedule, http://www.abanet.org/legalservices/ejc/agenda_2009.pdf.
There is no extra fee for attendance at these meetings.
The Pre-Conference will be Wed May 13, 1- 5 PM
The Post Conference will be 1-3 PM, Sat May 16.

The Wednesday agenda will include the sharing of problems that courts and self-help programs are experiencing and of responses, an opportunity to brainstorm solutions to specific problems, and a discussion of the Self-Represented Litigation Networks research agenda in the area (including possibly preliminary data from the survey we are launching soon). The agenda will also include some focused discussion of particular areas of stress on litigants and the courts, and creative responses, such as in the area of foreclosure, credit cards debt, and evictions.

The current plan for the Saturday agenda is to revisit some of these issues in the light of the Conference, and to discuss strategies for building broader access to justice agendas in a time of change.

THERE IS A PLACE TO REGISTER AS PART OF THE OVERALL CONFERNCE REGISTRIONS.
http://www.abanet.org/legalservices/ejc/brochure_2009.pdf

IT WOULD BE VERY HELPFUL IN PLANNING IF YOU LET ME KNOW IF YOU INTEND TO BE THERE AT THE PRE AND/OR POST CONFERENCE.

Please note, more generally, that we have already produced an article (written by Frank Broccolina and Richard Zorza) Ensuring Access to Justice in Tough Economic Times, that has been published in Judicature on the subject. http://www.selfhelpsupport.org/library/item.224854-Ensuring_Access_to_Justice_in_Tough_Economic_Times.

We have also prepared a paper aimed at judges - Saving Courtroom Time and Improving the Process in Tough Times. We encourage its broad distribution. http://www.selfhelpsupport.org/library/item.235185-Saving_Courtroom_Time_and_Improving_the_Process_in_Tough_Times.

Moreover, a directory in the website library focuses on the materials that are of use in promoting the innovations viewed as most cost effective. http://www.selfhelpsupport.org/library/folder.223114-Low_Cost_Innovations

Posted On: March 3, 2009

U.S. Department of Justice Releases Nine Office of Legal Counsel Memoranda and Opinions

Secret legal opinions issued by the Bush administration lawyers after the September 11, 2001 attacks were among the nine that were released and disclosed publicly by the U.S. Department of Justice on Monday March 2, 2009.

In a Department of Justice Press Release announcing this action, Eric Holder the current U.S. Attorney General is quoted as saying: "Americans deserve a government that operates with transparency and opennes...it is my goal to make OLC [Office of Legal Counsel] opinions available when possible while still protecting national security information and ensuring robust internal executive branch debate and decion-making."

March 2, 2009 U.S. Department of Justice Press Release.

The opinions and memoranda are available through a link included with the Press Release.

Posted On: March 2, 2009

ABA New Book Announcement - Scientific Evidence Review: Admissibility and Use of Expert Evidence in the Courtroom, Monograph 8

By Cynthia H. Cwik and Clifton T. Hutchinson

"This eighth book in the best-selling monograph series offers a complete update of Monograph No. 6 focusing entirely on state and federal court expert evidence issues, including the Daubert-Joiner-Kumho Tire trilogy. The easy-to-read format provides quick access to the governing expert evidence rules in federal and state courts throughout the United States. The monograph consists of papers from each of the federal circuits. These papers analyze and summarize the key cases in each circuit and the state courts within the circuit. The book also includes in-depth commentary on the qualifications and increased scrutiny of experts, and the jurors' perception of expert testimony. New to this edition is an invaluable list of scientific evidence resources on the web by Carol Henderson. "

Additional Details:

Regular Price: $84.95
Section of Science & Technology Law Member Price: $74.95

©2008
6 x 9 - Paperback
652 pages, Paper
Product Code:
5450054


Posted On: March 2, 2009

Featured Book: Information Technology in Librarianship: New Critical Approaches

by Gloria J. Leckie and John E. Buschman

Selected as Featured Book of the Month by Informed Librarian Online; http://www.informedlibrarian.com

STATEMENT:
In the last 15 years, the ground - both in terms of technological advance and in the sophistication of analyses of technology - has shifted. At the same time, librarianship as a field has adopted a more skeptical perspective; libraries are feeling market pressure to adopt and use new innovations; and their librarians boast a greater awareness of the socio-cultural, economic, and ethical considerations of information and communications technologies. Within such a context, a fresh and critical analysis of the foundations and applications of technology in librarianship is long overdue.

CONTENTS:
Introduction: Information Technologies and Libraries--Why Do We Need New Critical Approaches
Part One: Foundations
Chapter 1: Critical Theory of Technology: An Overview
Chapter 2: Surveillance and Technology: Contexts and Distinctions
Chapter 3: Cycles of Net Struggle, Lines of Net Flight
Chapter 4: A Quick Digital Fix? Changing Schools, Changing Literacies, Persistent Inequalities: A Critical, Contextual Analysis
Chapter 5: Theorizing the Impact of IT on Library-State Relations Part Two: Applications
Chapter 6: The Prospects for an Information Science: The Current Absence of a Critical Perspecitive
Chapter 7: Librarianship and the Labor Process: Aspects of the Rationalization, Restructuring, and Intensification of Intellectual Work
Chapter 8: "Their Little Bit of Ground Slowly Squashed into Nothing": Technology, Gender and the Vanishing Librarian
Chapter 9: Children and Information Technology
Chapter 10: Open Source Software & Libraries
Chapter 11: Technologies of Social Regulation: An Examination of Library OPACs and Web Portals
Chapter 12: Libraries, Archives and Digital Preservation: A Critical Overview
Conclusion: Just How Critical Should Librarianship Be of Technology?


Westport, CT: Libraries Unlimited, 2008. 304pp.

2008/softbound
9781591586296 $50.


Posted On: March 2, 2009

U.S. Supreme Court: United States v. Hayes (No. 07-608)

From the ABA Criminal Justice Section: http://www.abanet.org/crimjust

United States v. Hayes (No. 07-608)

"The court released an opinion regarding the prohibition on possession of a firearm by convicted felons to include persons convicted of a misdemeanor crime of domestic violence. Police officers discovered a rifle in respondent Hayes's home. Hayes was charged with possessing firearms after having been convicted of a misdemeanor crime of domestic violence. He was previously convicted for battery in 1994 against his then-wife. Hayes moved to dismiss the indictment on the ground that his past conviction did not qualify as a predicate offense because West Virginia's generic battery law did not designate a domestic relationship between aggressor and victim as an element of the offense. When the District Court denied the motion, Hayes entered a conditional guilty plea and appealed. The Fourth Circuit reversed, holding that a §922(g)(9) predicate offense must have as an element a domestic relationship between offender and victim."

"By extending the federal firearm prohibition to persons convicted of misdemeanor crimes of domestic violence, §922(g)(9)'s proponents sought to close a loophole: Existing felon-in-possession laws often failed to keep firearms out of the hands of domestic abusers, for such offenders generally were not charged with, or convicted of, felonies. Hayes argues that the measure that became §§922(g)(9) and 921(a)(33)(A), though it initially may have had a broadly remedial purpose, was revised and narrowed during the legislative process, but his argument is not corroborated by the revisions he identifies."

"Congress defined "misdemeanor crime of domestic violence" to include an offense "committed by" a person who had a specified domestic relationship with the victim, whether or not the misdemeanor statute itself designates the domestic relationship as an element of the crime."

"Justice Ginsburg delivered the opinion of the Court. Justice Roberts filed a dissenting opinion in which only Justice Scalia joined."

The full opinion can be accessed at http://www.law.cornell.edu/supct/html/07-608.ZS.html.

Posted On: March 2, 2009

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

Update from the Lexis Alert Service,

March 2, 2009.

1. People v. Becoate, 5345, 4009/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1401; 2009 N.Y. App. Div. LEXIS 1347, February 26, 2009, Decided, February 26, 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. Galarza, 5384, 2120/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1427; 2009 N.Y. App. Div. LEXIS 1362, February 26, 2009, Decided, February 26, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Gregory Carro, J.), ...

3. People v. Garcia, 5352, 3907/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1407; 2009 N.Y. App. Div. LEXIS 1397, February 26, 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 Obus, J.), ...

4. People v. Albright, 4699, 4061/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1397; 2009 N.Y. App. Div. LEXIS 1360, February 26, 2009, Decided, February 26, 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 M. Stolz, ...

5. People v. Butler, 5367, 5199/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1416; 2009 N.Y. App. Div. LEXIS 1358, February 26, 2009, Decided, February 26, 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 (Eduardo Padro, J.), ...

6. People v. Martinez, 5374, 2875/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1420; 2009 N.Y. App. Div. LEXIS 1384, February 26, 2009, Decided, February 26, 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, ...

7. People v. Vallevaleix, 4921, 511/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10203; 57 A.D.3d 412; 869 N.Y.S.2d 846; 2008 N.Y. App. Div. LEXIS 9955, December 30, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Marcy L. Kahn, ...

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Posted On: March 2, 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 21 - February 27, 2009

U.S. Supreme Court, February 24, 2009
Ysursa v. Pocatello Educ. Ass'n., No. 07-869
In a First Amendment challenge to a law prohibiting public employees from making payroll deductions for political activities, summary judgment for Defendant is affirmed, where the First Amendment does not confer a right to use government payroll mechanisms for political expression.

U.S. 1st Circuit Court of Appeals, February 25, 2009
Del Gallo v. Parent, No. 08-1511
In a case involving First Amendment rights and the right to campaign on a post office sidewalk, grant of defendant's motion for summary judgment is affirmed where: 1) the post office sidewalk is not a traditional public forum; 2) the regulation barring candidate's election campaigning on a post office sidewalk is viewpoint neutral and reasonable to prevent abuses and to preclude any appearance of partisan endorsement or preference; and 3) there is insufficient evidence of a pattern of selective enforcement before plaintiff's arrest, and the regulation has been consistently applied since then.

U.S. 1st Circuit Court of Appeals, February 27, 2009
Poirier v. Massachusetts Dept. of Corr. , No. 08-1290
In a civil rights action, district court's dismissal of plaintiff's complaint for failure to state a claim is affirmed where enforcement of a Department of Corrections rule prohibiting unauthorized personal contact with former inmates did not violate plaintiff's constitutional right to intimate association because the rule is a rational means of promoting the legitimate government interest in prison security. District court's dismissal of plaintiff's suit against the DOC on sovereign immunity grounds and claim for damages is affirmed.

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Posted On: March 2, 2009

Findlaw Case Summaries: Criminal Law

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February 21 - February 27, 2009

U.S. Supreme Court, February 24, 2009
US v. Hayes, No. 07-608
Defendant's conviction for possessing a firearm under 18 U.S.C. section 921 is affirmed, where a domestic relationship between the offender and victim need not be an element of the defendant's "misdemeanor crime of domestic violence" to trigger Section 921's possession ban. .

U.S. 1st Circuit Court of Appeals, February 24, 2009
US v. Rodriguez-Lozada , No. 06-1988
Defendant's convictions and sentences are vacated in part and otherwise affirmed where: 1) district court properly denied motion to suppress evidence for lack of standing as he had no reasonable expectation of privacy in the area searched; 2) motion for severance was properly denied as untimely; and 3) although evidence was sufficient to uphold most counts of defendant's conviction, there was insufficient evidence to uphold convictions for possession of a firearm in furtherance of drug trafficking and aiding and abetting possession. Co-defendant Rivera's sentence is affirmed where: 1) district court's drug quantity calculation for sentencing purposes was well-supported by evidence and not clearly erroneous; 2) court correctly imposed statutory sentencing enhancement for co-defendant Rivera's leadership role; and 3) the sentence was reasonable in light of his particular circumstances. .

U.S. 1st Circuit Court of Appeals, February 26, 2009
US v. Glover , No. 07-1983
Conviction and sentence for being a felon in possession of a firearm is affirmed where: 1) the prosecutor's closing statements were not improper; 2) the court did not err in classifying defendant's prior conviction for assault and battery with a dangerous weapon as a crime of violence under the sentencing guidelines; and 3) the sentence imposed was reasonable.

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