Posted On: April 30, 2009

Library of Congress Report: Information Technology Strategic Planning

Library of Congress Report: Information Technology Strategic Planning: A Well Developed Framework is Essential to Support the Library's Current and Future Information Technology (IT) Needs
The Library of Congress Office of the Inspector General.

Library-Wide

Report No. 2008-PA-105

March 2009.

"The intent of this review was to access the effectiveness of information technology (IT) strategic planning at the Library of Congress (LC), , to evaluate whether the Office of Strategic Initiatives (OSI) Strategic Plan supports and implements the Library's Strategic Plan as it pertains to the IT infrastructure, the Library Office of the Inspector General (OIG) contracted with A-TECH Systems, Inc."

Findings discussed in the Report includes observations under the following categories in the order mentioned:

1. Strategic Plan Process.

2. IT Investment Process.

3. Organizational Structure.

4. Customer Service.

There are many observations of general value in this Report. As someone who is both interested and concerned about the strategic planning process , the following observations on page 8 caught my attention:

"We do not agree with the decision of the Library's leadership to make strategic planning a management-only activity. We suggest that the Library allow line employees to actively participate in the strategic planning process. The Library Strategic Plan should be part of line employees as well as management training programs. Execution of strategic planning objectives whould be tied to line employees performance plans...."

Posted On: April 30, 2009

Brennan Center Report Grades Obama Administration on its Transparency Efforts

The Brennan Center at NYU Law School just released a report grading the Obama Administration on its transparency efforts.* There is a report card and a longer report at this link.
http://www.brennancenter.org/content/resource/report_card_table
_____________________________
* The above information is from an e-mail sent by Barbara Brandon of the University of Miami School of Law Library on April 30, 2008. We thank Barbara for both compiling and sharing this material.

Posted On: April 30, 2009

University of Maryland Law School Movie Wins National ABA Award

"The Response", a movie based on an actual transcript of a military tribunal hearing at Guantanamo Bay, has been selected by the American Bar Association (ABA) as the 2009 ABA Silver Gavel Award winner for "drama and literature". It was made in collaboration with the University of Maryland School of Law and funded through its "Linking Law & Arts Program," with support from the France-Merrick Foundation and Venable LLP.

Full Article: http://www.oea.umaryland.edu/communications/news/?ViewStatus=FullArticle&articleDetail=6275

Posted On: April 29, 2009

OMB Watch: Summaries of the First 100 Days of the Obama Administration

OMBWatch has posted four useful documents summarizing the Obama Administration's record at 100 days.*

The first link is an assessment of improvements on the right to know front. The second link is to a brief YouTube summary on the topic from Washington NGOs.
http://www.ombwatch.org/files/obamaat100daysrtk.pdf
http://www.youtube.com/watch?v=Bp6AXSVBTR8&fmt=18

The second assessment is on regulatory reform. There also is a brief YouTube summary.
http://www.ombwatch.org/files/obamaat100daysregreform.pdf
http://www.youtube.com/watch?v=91o76bledFw&fmt=18
_____________________________
* The above information is from an e-mail sent by Barbara Brandon of the University of Miami School of Law Library on April 29, 2008. We thank Barbara for both compiling and sharing this material.

Posted On: April 29, 2009

CONE v. BELL (No. 07-1114) U.S. Supreme Court Update

United States Supreme Court Decision: April 28, 2009

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

SYNOPSIS.

At trial the State discredited Mr. Cone's defense that he killed two people while suffering from acute psychosis caused by drug addiction, he was then convicted and sentenced to death. The Tennessee Supreme Court affirmed on direct appeal and the state courts denied post-conviction relief.

Later, in a second petition for post-conviction relief, Cone raised the claim that the State had violated Brady v. Maryland, 373 U. S. 83 , by suppressing witness statements and police reports that would have corroborated his insanity defense and bolstered his case in mitigation of the death penalty. The post-conviction court denied him a hearing on the ground that the Brady claim had been previously determined, either on direct appeal or in earlier collateral proceedings. The State Court of Criminal Appeals affirmed.

Mr. Cone then filed a petition for a writ of habeas corpus in Federal District Court. That Court denied relief, holding the Brady claim procedurally barred because the state courts' disposition rested on adequate and independent state grounds:

The Sixth Circuit agreed with the state court’s conclusion, but considered itself barred from reaching the claim's merits because the state courts had ruled the claim previously determined or waived under state law.

The state courts' rejection of Cone's Brady claim does not rest on a ground that bars federal review. The state court’s post-conviction denial of the Brady claim on the ground it had been previously determined in state court rested on a false premise: Cone had not presented the claim in earlier proceedings and, consequently, the state courts had not passed on it.

The Sixth Circuit's rejection of the claim as procedurally defaulted because it had been twice presented to the Tennessee courts was thus erroneous. Also unpersuasive is the State's alternative argument that federal review is barred because the Brady claim was properly dismissed by the state post-conviction courts as waived

The lower federal courts failed to adequately consider whether the withheld documents were material to Cone's sentence. Both the quantity and quality of the suppressed evidence lend support to Cone's trial position that he habitually used excessive amounts of drugs, that his addiction affected his behavior during the murders, and that the State's contrary arguments were false and misleading.

Nevertheless, even when viewed in the light most favorable to Cone, the evidence does not sustain his insanity defense. Because the likelihood that the suppressed evidence would have affected the jury's verdict on the insanity issue is remote, the Sixth Circuit did not err by denying habeas relief on the ground that such evidence was immaterial to the jury's guilt finding.

The same cannot be said of that court's summary treatment of Cone's claim that the suppressed evidence would have influenced the jury's sentencing recommendation. Because the suppressed evidence might have been material to the jury's assessment of the proper punishment, a full review of that evidence and its effect on the sentencing verdict is warranted.

vacated and remanded.

Stevens, J., delivered the opinion of the Court, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Roberts, C. J., filed an opinion concurring in the judgment. Alito, J., filed an opinion concurring in part and dissenting in part. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined.

Available at: http://www.law.cornell.edu/supct/html/07-1114.ZS.html

Posted On: April 29, 2009

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

Update from the Lexis Alert Service,

April 29, 2009.

1. People v. Jackson, 195, 3988/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2450; 874 N.Y.S.2d 908; 2009 N.Y. App. Div. LEXIS 2503, March 31, 2009, Decided, March 31, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bonnie G. Wittner, ...

2. People v. Orta, 138, 2762/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2239; 874 N.Y.S.2d 856; 2009 N.Y. App. Div. LEXIS 2416, March 24, 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, ...

3. People v. Anonymous, 61, 1831/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1855; 874 N.Y.S.2d 856; 2009 N.Y. App. Div. LEXIS 1850, March 17, 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 (Anthony Ferrara, J.), ...

4. People v. Goodson, 87, 2590/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1870; 874 N.Y.S.2d 856; 2009 N.Y. App. Div. LEXIS 1860, March 17, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles H. Solomon, ...

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

Posted On: April 28, 2009

Key Facts and Commentary About Swine Influenza (Swine Flu)

As you undoubtedly have heard, a new strain of influenza called Swine Flu or Swine Influenza apparently started about a month ago in Mexico. It has now spread, first to at least a few states in the United States and now may be spreading world wide.

Art Bernardino who provides consulting services in pandamic planning suggests seven things people can do to lessen infection and protect themselves and others:

1. Wash hands frequently using soap and water or waterless hand sanitizers

2. Cover your cough and sneezes use proper cough etiquette by coughing into the crook of your elbow

3. Minimize contact with others. Crowded places and large gatherings of people should be avoided.

4. Maintain a distance of at least 6 feet between persons wherever practical

5. If you have to be in close contact (less than 6 feet) with people, consider wearing a N95 (NIOSH approved) respirator

6. Keep the flu out of the workplace! Don't go to work or allow people to come to work if they are possibly sick with the flu

7. Avoid touching the eyes, nose and mouthThe best source for current information on the Swine Flu and recommended responses are at the following two websites:

To help provide added perspective regarding this Swine Flu issue I am posting links to a Q & A explanation of Swine Flu, an unedited transcript to a CDC sponsored conference call regarding the issue, and a link to a CDC website devoted to the issue of Swine Flu::

Q&A: Key Facts About Swine Flu

Unedited Transcript: CDC Conference Call Regarding Swine Flu, April 27, 2009

New CDC Website Devoted to the Issues of Swine Flu

Posted On: April 28, 2009

Senator Arlen Specter of Pennsylvania Announces Switch to Democratic Party

Senator Arlen Specter of Pennsylvania, a Republican since 1966, said on Tuesday April 28 that he will switch to the Decmocratic Party and will run as a Democrat in 2010, thus presenting Democrats with a possible 60th vote and the power to break Senate filibusters.

Here is a link to Senator Specter's statement made earlier today 4-28-09


Posted On: April 24, 2009

ABA Journal Weekly Newsletter

Top Ten Stories of the Week ending April 24, 2009:

Law Schools
It's Official: Yale Law School Tops US News Rankings
Apr 23, 2009, 06:46 am CDT

Careers
Once Courted by BigLaw, Lawyers Find Government Job Search Is Demoralizing
Apr 20, 2009, 07:11 am CDT

Legal Ethics
Chicago Grad & BigLaw Alum Admits Altered Grades; 3-Year Suspension Sought
Apr 22, 2009, 03:51 pm CDT

Careers
What If Law Is Not for You?
Apr 22, 2009, 10:25 am CDT

Attorney Fees
Is Unlicensed Associate Worth $450 Hourly? Fee Cited in Latham Dispute
Apr 22, 2009, 08:18 am CDT

Law Firms
Law Firms Seen as Potential Cash Cows in Bankruptcy Cases
Apr 22, 2009, 09:26 am CDT

U.S. Supreme Court
Jenner Associate Wins Supreme Court Pro Bono Victory in Immigration Case
Apr 22, 2009, 10:29 am CDT

American Bar Association
ABA Poll: Two-Thirds of Americans Support Federal Legal Aid for Poor
Apr 20, 2009, 09:14 am CDT

Law Firms
Kirkland Lays Off Perhaps 57 Staff, But No Attorneys
Apr 20, 2009, 06:32 pm CDT

Trials and Litigation
What Susan Boyle Can Teach Trial Lawyers
Apr 23, 2009, 08:53 am CDT

Posted On: April 24, 2009

In Challenge to Integrated Library System Industry, OCLC Extends WorldCat By Launcing New Library System

BY Philip Y. Blue, Senior Law Librarian
New York Supreme Court Criminal Term Library

In a move that could reshape the library automation landscape, OCLC has expanded WorldCat Locals existing cataloging and discovery tools with new circulation, delivery, and acquisitions features. This new project, which OCLC calls "the first Web-scale, cooperative library management service," will ultimately bring into WorldCat Local the full complement of functions traditionally performed by a locally installed integrated library system (ILS).

Libraries that subscribe to FirstSearch WorldCat will get, for no additional charge, the WorldCat Local quick start service: a locally branded catalog interface and simple search box that presents localized search results for print and electronic content along with the ability to search the entire WorldCat database and other resources via the Web. Further automation support would come next year.

See Marshall Breeding's article on LibraryJournal.com, "In Challenge to ILS Industry, OCLC Extends WorldCat Local to Launch New Library System"

Posted On: April 22, 2009

Legal Memoranda and Commentary On Issues Related to Interrogation and Torture

In response to litigation brought by the American Civil Liberties Union (ACLU), the Obama administration authorized the Justice Department to release four secret legal memoranda used by the Bush administration to justify torture. The memoranda were releasd on April 16, 2009. President Obama also issued a statement, emphasizing that "this is a time of reflection, not retribution".

Ali Soufan, a former FBI agent who was involved in the interrogations being discussed and who questioned Abu Zubaydah in 2002 has written an important Op Ed article, "My Tortured Decision", which is published in the April 23, 2009 New York Times. In his article Mr. Soufan says trhat Abu Zubaydah provided important intelligence under traditional methods. He writes: "...I questioned him [Zubaydah] from March to June 2002, before the harsh techniques were introduced late in August. Under traditional interrogation methods, he provided us with important actionable intelligence". Mr. Soufan also writes that he believes that it was the "right decision" to release the memos because "we need the truth to come out" and that releaseing these memos "enables us to begin the tricky business of finally bringing these terrorists to justice".

Since the events being discussed transpired during the administration of George W. Bush, we thought it might be interesting and instructive to also provide a link to: Reigning in the Imperial Presidency, Lessons and Recommendations Relating to the Presidency of George W. Bush.; a report prepared by the majority staff of the U.S. House Judiciary Committee.

Posted On: April 21, 2009

ABA Journal Weekly Newsletter

Top Ten Stories of the Week ending April 17, 2009:

In-House Counsel
Some Law Firm Clients Ban 1st-Years, Says Morgan Lewis Chair
Apr 13, 2009, 05:49 pm CDT

Law Practice Management
BigLaw 'Has Changed Forever,' Says Womble Carlyle, Cutting Pay 10 Percent
Apr 14, 2009, 06:06 pm CDT

Careers
Why Thinking Like a Lawyer Is Bad for Your Career
Apr 15, 2009, 12:42 pm CDT

Law Practice Management
Jenner & Block Raids Kirkland to Open in Calif., Is Growing in All Offices
Apr 13, 2009, 04:05 pm CDT

Law in Peepular Culture
Top 3 'Peeps in Law' Entries
Apr 13, 2009, 12:01 pm CDT

Law Firms
1 in 5 Firms Face Unfunded Pension Threat
Apr 16, 2009, 01:46 pm CDT

Law Firms
Two Smaller Chicago Firms Find Prosperous Marriage During Downturn
Apr 15, 2009, 01:19 pm CDT

Associates
Associate Plans a Year of Travel, Thanks to Skadden's No-Strings-Attached Offer
Apr 13, 2009, 05:59 am CDT

Careers
High-Functioning Alcoholic Lawyers May Defy Stereotypes
Apr 14, 2009, 08:07 am CDT

Work/Life Balance
In Online Forum, Lawyer Tells of Sacrificing Personal Life for Work
Apr 14, 2009, 07:32 am CDT

Posted On: April 21, 2009

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

Update from the Lexis Alert Service,


1. People v. Hinton, 304, 2530/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2836; 2009 N.Y. App. Div. LEXIS 2782, April 14, 2009, Decided, April 14, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (William A. Wetzel, ...

2. People v. Sarubbi, 321, 1735/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2851; 2009 N.Y. App. Div. LEXIS 2786, April 14, 2009, Decided, April 14, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Lewis Bart Stone, ...

3. People v. Torres, 316, 723/06, 317, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2847; 2009 N.Y. App. Div. LEXIS 2790, April 14, 2009, Decided, April 14, 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 ...
... Defendant-Appellant. The People of the State ...
Judgments, Supreme Court, New York County (Maxwell Wiley, J.), ...

4. People v. Hassell, 308, 2736/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2840; 2009 N.Y. App. Div. LEXIS 2796, April 14, 2009, Decided, April 14, 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.), ...

5. People v. Moore, 323, 3726/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2853; 2009 N.Y. App. Div. LEXIS 2814, April 14, 2009, Decided, April 14, 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 (Maxwell Wiley, J.), ...

6. People v. Weems, 290, 5600/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2823; 2009 N.Y. App. Div. LEXIS 2809, April 14, 2009, Decided, April 14, 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. ...

7. People v. Mackay, 294, 1942/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2827; 2009 N.Y. App. Div. LEXIS 2797, April 14, 2009, Decided, April 14, 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.), ...

8. People v. Garcia, 295, 1050/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2828; 2009 N.Y. App. Div. LEXIS 2816, April 14, 2009, Decided, April 14, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bonnie G. Wittner, ...

9. People v. Brannon, 70, 4775/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1861; 875 N.Y.S.2d 62; 2009 N.Y. App. Div. LEXIS 1863, March 17, 2009, Decided, March 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Arlene R. Silverman, ...

Posted On: April 21, 2009

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

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

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Borden , No. 08-1625
Sentence for drug crimes is affirmed where the district court did not abuse its discretion in denying defendant a sentence reduction where: 1) defendant's sentence was appropriate based upon his extensive criminal history and the need to protect society; and 2) the court did not erroneously rely upon its earlier decision not to resentence defendant as a the basis for the present denial.

CIVIL PROCEDURE, PER CURIAM, SECURITIES LAW
Esquire Trade & Fin., Inc. v. CBQ, Inc., No. 07-1701
In an action for breaches of debenture-related agreements and for securities fraud, district court's grant of summary judgment for defendant on grounds that plaintiff's claims were barred by res judicata is vacated and remanded where the order dismissing the earlier action between plaintiff and a third party does not operate as a res judicata bar to the claims raised in the present action as the required privity between the third party and defendant is not present. Read more...

CONSTITUTIONAL LAW, GOVERNMENT LAW, INJURY AND TORT LAW, INTERNATIONAL LAW, MILITARY LAW
Matar v. Dichter, No. 07-2579
In an action brought by survivors of Israeli bombing in Gaza, seeking damages for war crimes and violations of international law, district court's dismissal of plaintiff's claims for lack of jurisdiction on grounds that defendant is immune from suit under the Foreign Sovereign Immunities Act is affirmed where, although questions exist as to whether the Act applies to former officials like defendant or not, common law principles that predate and survive the enactment of the Act still apply and recognize the immunity of former foreign officials for acts performed in their official capacity.

GOVERNMENT BENEFITS, INSURANCE LAW
Poupoure v. Astrue , No. 08-0659
In a dispute involving disability insurance benefits under the Social Security Act, district court judgment affirming the denial of plaintiff's claim is affirmed where: 1) substantial evidence supports the ALJ's determination that plaintiff is not entitled to disability benefits because he retained the ability to perform light work and there is work in the national economy that he can do; 2) the ALJ did not err in finding that the testimony of one of plaintiff's treating physicians was not entitled to significant weight; and 3) substantial evidence supports the finding that plaintiff's subjective complaints of pain were insufficient to establish disability

IMMIGRATION LAW
Johnson v. Holder , No. 07-4629
Petition to review of Board of Immigration Appeal's denial of motion to reopen deportation proceedings is denied where the law of the case doctrine requires that the present court's ruling in an earlier action involving plaintiff must be followed, and thus plaintiff's argument that she need not make an individualized showing of reliance is rejected.

ETHICS & PROFESSIONAL RESPONSIBILITY, SANCTIONS
Wolters Kluwer Fin. Serv., Inc. v. Scivantage, No. 07-2491
In an action involving sanctions imposed on a law firm and its partners, district court's judgment is affirmed in part and reversed in part where: 1) sanction against the firm for the voluntary dismissal and the use of deposition transcripts was unjustified absent other specific evidence of the law firm's bad faith; 2) sanction against law firm partner Reiner was in error absent other specific evidence of his intentional misconduct and because his sanctioned actions were procedurally adequate; and 3) court did not abuse its discretion in its sanctions against law firm partner Peters

Posted On: April 21, 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.

ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, MILITARY LAW
Shinseki v. Sanders, No. 07-1209
In an application for veterans' disability benefits, the Court of Appeals for the Federal Circuit's holding that the Department of Veterans Affairs erred in denying benefits is reversed, where the Federal Circuit's "harmless-error" framework conflicts with 38 U.S.C. section 7261(b)(2)'s requirement that the Veterans Court take "due account of the rule of prejudicial error."

CIVIL PROCEDURE, DISPUTE RESOLUTION & ARBITRATION, GOVERNMENT LAW, INJURY AND TORT LAW, INTERNATIONAL LAW, JUDGMENT ENFORCEMENT
Ministry of Def. v. Elahi, No. 07-615
In an action seeking to attach a judgment obtained by Iran, the District Court's order permitting the attachment is reversed, where Plaintiff could not attach the judgment because he waived his right to do so, as the U.S. paid Plaintiff as partial compensation for his judgment against Iran under the Victims of Trafficking and Violence Protection Act

CRIMINAL LAW & PROCEDURE, EVIDENCE
Arizona v. Gant, No. 07-542
The Arizona Supreme Court's reversal of Defendant's drug conviction is affirmed, where police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that an arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest.

Posted On: April 21, 2009

Findlaw Case Summaries: Criminal Law and Procedure

April 13 - April 17, 2009

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

U.S. 1st Circuit Court of Appeals, April 17, 2009
US v. Vasco , No. 07-1520
Conviction and sentence for using interstate commerce facilities in the commission of murder-for-hire is affirmed where: 1) the district court did not err in declining to issue an entrapment instruction as defendant failed to produce the requisite evidence of government inducement; 2) there sufficient evidence to support a conviction on use of interstate commerce facilities in the commission of murder-for-hire based on defendant's conditional intent to murder his daughter; and 3) the court did not commit sentencing error.

U.S. 1st Circuit Court of Appeals, April 17, 2009
US v. Mangual-Santiago , No. 07-1912
Conviction for drug crimes is affirmed where: 1) the district court did not err in denying defendant's motion to dismiss as defendant failed to prove there was a variance between the conspiracy charged and the evidence at trial; 2) the court did not err in admitting evidence over his objections; 3) the court did not err in denying defendant's request for a continuance as defendant failed to show the denial caused him prejudice; and 4) defendant is not entitled to reversal based on the delay between his arrest and his appearance before a federal magistrate, as he did not show prejudice of any kind that was caused by the delay.

U.S. 2nd Circuit Court of Appeals, April 17, 2009
US v. Borden , No. 08-1625
Sentence for drug crimes is affirmed where the district court did not abuse its discretion in denying defendant a sentence reduction where: 1) defendant's sentence was appropriate based upon his extensive criminal history and the need to protect society; and 2) the court did not erroneously rely upon its earlier decision not to resentence defendant as a the basis for the present denial.

U.S. 3rd Circuit Court of Appeals, April 16, 2009
US v. Olhovsky, No. 07-1642
Sentence for possession of child pornography is reversed and remanded for resentencing where: 1) defendant's sentence was substantively unreasonable; and 2) the sentencing court erred as a matter of law in refusing to allow his treating psychologist to testify at the sentencing hearing.

U.S. 3rd Circuit Court of Appeals, April 16, 2009
US v. Shabazz, No. 08-2145
Conviction and sentence for violations of the Hobbs Act and firearms possession is affirmed where: 1) the district court erred in initially denying the jury's request to read back testimony, but the error was cured when the court reversed itself and gave the jury the option of reading the testimony; 2) even if the the district court erred in admitting a statement defendant made to a detective, defendant would still not be entitled to a new trial as admission of the testimony was harmless; 3) testimony of defendant's co-conspirator was admissible as ordinary fact testimony; and 4) defendant's sentence was properly based on the suggested Guidelines range of 360 months to life imprisonment.

U.S. 3rd Circuit Court of Appeals, April 17, 2009
US v. Tomko , No. 05-4997
Sentence for tax evasion is confirmed where: 1) the the district court did not commit procedural error at sentencing, as the record shows the district court did not fail to meaningfully consider the 18 U.S.C. sec. 3553(a) factor of general deterrence; and 2) the court did not abuse its discretion in sentencing defendant, as the court conducted a thorough analysis of the sec. 3553(a) factors and gave logical reasons for the variance from the sentencing guidelines range.

U.S. 4th Circuit Court of Appeals, April 15, 2009
Powell v. Kelly, No. 08-3
In a capital habeas proceeding, the denial of Petitioner's habeas petition is affirmed, where: 1) Petitioner's second trial was not a violation of the Double Jeopardy Clause because the state charged a different gradation offense under Virginia Law in the second indictment; and 2) Petitioner's counsel was not ineffective due to counsel's failure to present certain mitigation evidence, as Petitioner showed no prejudice.

U.S. 5th Circuit Court of Appeals, April 13, 2009
US v. Fields, No. 07-10384
The denial of Defendant's motion to vacate his drug sentence based on ineffective assistance of counsel is affirmed, where Defendant's counsel was not ineffective for failing to raise an Apprendi objection that the Court of Appeals had previously rejected.

U.S. 5th Circuit Court of Appeals, April 14, 2009
Rosales v. Quarterman, No. 09-70013
In a capital murder case, the denial of Defendant's motions for a stay of execution and appointment of counsel for clemency purposes is affirmed, where: 1) there was no habeas petition pending, and therefore the District Court had no jurisdiction to enjoin the execution; and 2) there was no showing of additional evidence that could be presented in clemency proceedings. .

U.S. 5th Circuit Court of Appeals, April 15, 2009
US v. Ruston, No. 07-10433
In a prosecution for threatening a federal official, the District Court's order denying Defendant's request to hold a hearing on his competency to proceed pro se is reversed, where Defendant's erratic behavior demonstrated that such a hearing was necessary.

U.S. 5th Circuit Court of Appeals, April 15, 2009
US v. Theagene, No. 08-50160
Defendant's bribery conviction is reversed, where the District Court erred by denying Defendant's request for an entrapment instruction because the evidence showed that he had a lack of predisposition to bribe the official at issue and the government induced him to do so.

U.S. 6th Circuit Court of Appeals, April 14, 2009
Wiles v. Bagley, No. 05-3719
In a capital habeas proceeding, the denial of Petitioner's habeas petition is affirmed, where the state supreme court did not unreasonably apply federal law in holding that Petitioner's counsel was not ineffective during the penalty phase of the trial, as the evidence counsel allegedly failed to uncover would have been cumulative.

U.S. 6th Circuit Court of Appeals, April 16, 2009
US v. White, No. 07-2404
Defendant's drug conviction is affirmed, where Defendant lacked notice of the government's intent to introduce "tools of the trade" expert testimony, but that evidence did not prejudice him. Sentence is reversed, where the District Court overestimated the drug quantity attributable to Defendant.

U.S. 6th Circuit Court of Appeals, April 16, 2009
US v. Jones, No. 07-5994
In a prosecution for firearm possession by a felon, the District Court's order suppressing evidence is reversed, where the District Court, in assessing whether the officers who arrested Defendant had reasonable suspicion, erred by failing to take into account all information observed by the officers until Defendant yielded to unambiguous police authority. .

U.S. 7th Circuit Court of Appeals, April 17, 2009
US v. Smith , No. 08-1477
Sentence for distribution of child pornography is affirmed where: 1) the district court did not abuse its discretion in refusing to grant defendant a continuance for another chance to present expert testimony; 2) the district court correctly applied 18 U.S.C. sec. 3553 (a) when sentencing defendant, and did not fail to adequately address the factors set forth in the statute; and 3) there is no evidence that the district court's tangential statements about early release during the second sentencing hearing played any role in the court's determination of Smith’s sentence at a later entencing hearing.

U.S. 8th Circuit Court of Appeals, April 13, 2009
US v. Rodebaugh, No. 08-1546
Conviction and sentence on weapons and narcotics charges is affirmed where: 1) admission of expert testimony did not substantially impact the jury and was not a basis for reversal; 2) evidence was sufficient to support the jury's verdict; 3) district court did not violate defendant's Fifth and Sixth Amendment rights as it may determine drug quantity by a preponderance of the evidence; and 4) court's calculation for defendant's criminal history category was properly calculated.

U.S. 8th Circuit Court of Appeals, April 13, 2009
US v. Leach , No. 08-2086
Sentence for knowingly using a facility of interstate commerce to attempt to entice a minor into engaging in illegal sexual conduct is affirmed where: 1) government did not breach the plea agreement by asking for a sentence greater than the low end of the guidelines range as the government did not make a definite oral promise to ask for a low-end sentence; and 2) defendant was not released of his obligation under the plea agreement not to advocate for a sentence below the guidelines range.

U.S. 8th Circuit Court of Appeals, April 13, 2009
Taylor v. Roper , No. 08-2593
Denial of petition for habeas relief is affirmed where the district court did not err in denying relief as the state courts correctly identified and applied the relevant Supreme Court precedents governing the Sixth Amendment's Speedy Trial Clause.

U.S. 8th Circuit Court of Appeals, April 14, 2009
US v. Ruvalcava-Perez, No. 08-2582
Sentence for drug possession and illegal reentry after deportation is affirmed where: 1) the district court did not abuse its discretion in departing upward from the advisory guideline range based on its finding that defendant's criminal history category substantially underrepresented the seriousness of his criminal history and risk of recidivism; and 2) the sentence was not unreasonable.

U.S. 8th Circuit Court of Appeals, April 15, 2009
US v. Williams , No. 07-2716
Conviction and sentence for drug crimes and firearms possession is affirmed where: 1) defendant's claim of ineffective assistance of counsel fails as district court properly held that counsel's failure to call three possible defense witnesses was not unreasonable, and properly concluded that despite the tension between counsel and defendant he was still represented in an able and professional manner; and 2) district court adequately considered defendant's arguments for a variance and adequately stated its reasons for the sentence imposed.

U.S. 8th Circuit Court of Appeals, April 15, 2009
Yanez v. State of Minnesota , No. 08-2034
Denial of petition for a writ of habeas corpus is affirmed where: 1) the state court did not unreasonably apply clearly established Supreme Court precedent in ruling that admission of victim's out-of-court testimonial statements did not violate plaintiff's Sixth Amendment rights; and 2) the victim's inability to remember details of her prior statements did not render admission of the statements constitutionally defective.

U.S. 8th Circuit Court of Appeals, April 15, 2009
US v. Garcia , No. 08-2170
Conviction for drug crimes is remanded where the district court erred in failing to conduct in camera review of the pre-sentence reports of cooperating government witnesses, and on remand the district court should only vacate defendant's convictions if it concludes that the reports contain Brady/Giglio information that satisfies the materiality requirement. Judgment of the district court is affirmed where claims of instructional error were properly rejected and the evidence was sufficient to support defendant's convictions.

U.S. 8th Circuit Court of Appeals, April 16, 2009
US v. Pereyra-Gabino, No. 08-2869
Conviction and sentence for concealing or shielding from detection illegal alien is reversed and remanded where the jury instructions were erroneous as they did not require the jury to find that each individual the defendant shielded from detection was in the U.S. illegally and that defendant knew or was in reckless disregard of the fact but instead permitted the jury to mix and match the individuals identified to the essential elements of the crime charged.

U.S. 8th Circuit Court of Appeals, April 17, 2009
US v. Farrell, No. 08-1559
Conviction for peonage and related crimes is affirmed where: 1) the evidence was sufficient to support defendant's conviction for peonage and conspiracy to commit peonage, as the government proved beyond a reasonable doubt that defendants' threats of physical abuse and arrest compelled the workers to serve defendants in order to satisfy their debts; 2) evidence was sufficient to support defendants' conviction for document servitude as defendants confiscated and retained the workers' passports in furtherance of the peonage offenses; and 3) portions of the government's expert testimony on the issue of domestic-worker exploitation invaded the province of the jury, but the error was harmless and did not affect substantial rights.

U.S. 9th Circuit Court of Appeals, April 13, 2009
US v. Felix, No. 07-50173
Defendant's drug sentence is affirmed, where: 1) a properly authenticated computer printout relating to Defendant's prior state conviction could be relied upon in sentencing; and 2) the District Court properly required Defendant to prove that his prior conviction was expunged.

U.S. 9th Circuit Court of Appeals, April 14, 2009
Ramirez-Altamirano v. Holder, No. 06-71445
The denial of Petitioner's application for cancellation of removal is reversed, where the BIA erred by finding that Petitioner's prior state drug conviction, which had been set aside, rendered him ineligible for cancellation of removal.

U.S. 9th Circuit Court of Appeals, April 14, 2009
Marella v. Terhune, No. 07-55006
In a 42 U.S.C. section 1983 action arising out of an attack on a prisoner, the dismissal of the complaint for failure to exhaust administrative remedies is reversed, where the District Court did not notify Plaintiff that he was required to present evidence that he exhausted his remedies in response to Defendants' summary judgment motion.

U.S. 9th Circuit Court of Appeals, April 17, 2009
Delgado v. Holder, No. 03-74442
Petitioner's petition for review of the BIA's order of removal is granted in part, where Petitioner's DUI offenses did not qualify as "particularly serious crimes," but denied in part, where substantial evidence supported the BIA's determination that Petitioner would not be tortured if returned to El Salvador.

U.S. 9th Circuit Court of Appeals, April 17, 2009
US v. Brown, No. 08-30040
Defendant's firearm possession conviction is affirmed, where the District Court correctly denied Defendant's motion to suppress the firearm at trial, because Defendant's associate consented to the challenged search, and seeking Defendant's consent would have needlessly limited the capacity of the police to respond to ostensibly legitimate opportunities.

U.S. 10th Circuit Court of Appeals, April 14, 2009
US v. Egbert, No. 07-4180
Defendants' convictions and sentences for conspiracy to interfere with civil rights arising out of racially-motivated attacks are affirmed in part, where there was sufficient evidence that Defendants' conspiracy contemplated multiple assaults, but reversed in part, where there was insufficient evidence that one assault caused "serious bodily injury" under U.S.S.G. section 1B1.1.

U.S. 10th Circuit Court of Appeals, April 14, 2009
US v. Serafin, No. 07-8086
Defendant's firearm possession conviction is reversed, where possession of an unregistered short-barreled rifle does not constitute a "crime of violence" under 18 U.S.C. section 924(c)(1), as mere possession did not create a substantial risk of harm.

U.S. 10th Circuit Court of Appeals, April 14, 2009
US v. Morris, No. 07-8099
Defendant's firearm sentence is affirmed, where the District Court properly applied U.S.S.G. section 2K2.1 in enhancing Defendant's sentence for possessing a firearm during "another felony offense," because the burglary during which Defendant possessed the firearm fell into that category.

U.S. 10th Circuit Court of Appeals, April 17, 2009
US v. Pech-Aboytes, No. 08-4124
Defendant's drug sentence is affirmed, where the District Court did not err by declining to apply the safety-valve provision of U.S.S.G. section 5C1.2, because the nunc pro tunc order Defendant obtained from a state court that meant that he did not commit his offense while on probation did not render him eligible for safety-valve relief.

U.S. 11th Circuit Court of Appeals, April 13, 2009
Kimbrough v. Sec'y., Dept. of Corr., No. 08-11421
In a capital habeas proceeding, the denial of Petitioner's petition is affirmed, where the state supreme court's determination that it was a reasonable trial tactic for Petitioner's counsel not to present mental health mitigation testimony did not unreasonably apply clearly established federal law.

U.S. 11th Circuit Court of Appeals, April 13, 2009
US v. Webb, No. 08-13405
Defendant's drug sentence is affirmed, where Defendant was not eligible for a sentence reduction under 18 U.S.C. section 3582(c)(2) because Amendment 706 to the Sentencing Guidelines did not lower his Guidelines range.

U.S. 11th Circuit Court of Appeals, April 16, 2009
In re Davis, No. 08-16009
In a capital habeas matter, Petitioner's application for leave to file a second habeas petition is denied, where: 1) Petitioner's application did not show that the exculpatory evidence he sought to present could not have been discovered earlier; and 2) Petitioner failed to explain why he had not exhausted his state remedies prior to filing his first petition.

U.S. 11th Circuit Court of Appeals, April 17, 2009
US v. Beckles, No. 07-15062
Defendant's firearm conviction and sentence are affirmed, where: 1) Defendant knowingly and intelligently waived his Miranda rights; and 2) Defendant failed to object to statements in the pre-sentence report stating that the firearm he possessed was a sawed-off shotgun. .

U.S. D.C. Circuit Court of Appeals, April 14, 2009
US v. Guillen, No. 07-3077
Sentence for wire fraud is affirmed, where Defendant's agreement to waive her right to appeal if the sentence was within the applicable Guidelines range was enforceable, because that waiver was knowing and intelligent.

U.S. D.C. Circuit Court of Appeals, April 17, 2009
US v. Thompson, No. 08-5203
In an appeal from a discovery order requiring the production of documents provided by Defendant's former employer to the government, the order is vacated, where the District Court's order must encompass only those documents material to Defendant's defense in his criminal trial.

California Appellate Districts, April 13, 2009
People v. Lewis, No. A120636
Conviction for drug crimes is affirmed where the trial court did not err in upholding the Evidence Code sec. 1040 government information privilege without making any adverse order or finding under sec. 1042, as the identity of the location which the officer testified about was not material. .

California Appellate Districts, April 16, 2009
People v. Felix, No. B204858
Conviction for attempted premeditated murder and assault with a firearm is affirmed where: 1) the evidence was not sufficient to support his conviction for attempted premeditated murder as it showed he possessed the necessary mental state of a specific intent to kill; 2) the evidence was sufficient to support the conviction for assault with a firearm and the jury's implied finding that defendant knew it was highly likely that there were occupants in the house at the time he fired the gunshots; and 3) the trial court properly declined to stay the sentence on a count of shooting at an inhabited dwelling as it was governed by the multiple victim exception to Penal Code section 654. The case is remanded to amend the judgment to show that defendant's sentence on count 3 is stayed pursuant to Penal Code section 654.

Posted On: April 21, 2009

Findlaw Case Summaries: Constitutional Law

April 13 - April 17, 2009

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

U.S. 2nd Circuit Court of Appeals, April 16, 2009
Matar v. Dichter, No. 07-2579
In an action broungt by survivors of Israeli bombing in Gaza, seeking damages for war crimes and violations of international law, district court's dismissal of plaintiff's claims for lack of jurisdiction on grounds that defendant is immune from suit under the Foreign Sovereign Immunities Act is affirmed where, although questions exist as to whether the Act applies to former officials like defendant or not, common law principles that predate and survive the enactment of the Act still apply and recognize the immunity of former foreign officials for acts performed in their official capacity.

U.S. 6th Circuit Court of Appeals, April 16, 2009
Doe v. Briley, No. 07-6300
In an appeal from the District Court's order vacating a consent decree prohibiting the dissemination of certain arrest records, the order is affirmed, where the Due Process Clause does not protect citizens' interest in their reputation, and thus the basis for the consent decree was erroneous. .

U.S. 10th Circuit Court of Appeals, April 17, 2009
Kansas Judicial Review v. Stout, No. 06-3290
In a First Amendment challenge to Kansas state judicial ethics canons, a preliminary injunction entered in favor of Plaintiffs is vacated, where the Kansas Supreme Court changed the canons while the appeal was pending and thus rendered the action moot.

California Appellate Districts, April 16, 2009
World Fin. Group, Inc. v. HBW Ins. & Fin. Serv., Inc., No. B210884
In an action involving trade secrets and confidential information, trial court's denial of defendant's Anti-SLAPP motion to strike the complaint filed against them by plaintiff is affirmed where defendants failed to meet their burden of proof to show plaintiff's complaint was based on defendant's protected activity arising out of acts done in furtherance of their free speech rights.


Posted On: April 21, 2009

New York Legislation: Update to Legislation Regarding Rockefeller Drug Law Reform

On March 30, 2009 we posted information on this blawg about the historic agreement reached by New York lawmakers regarding reform of the Rockefeller drug law. Since that time there has been significant activity related to his effort including the signing of Chapter 56 of 2009 by the Governor on April 7, 2009. Although Chapter 56 is considered as primarily related to budget matters it contains significant material related to the Rockefeller Law reform initiatives.

For your information this posting includes links to those parts of the aforementioned legislation which appear to be relevant to the Rockefeller Drug Law reform issue. The links are to items I have posted on the New York Supreme Court Criminal Term Library Blog:

http://www.bloglines.com/blog/PLL?id=12751 for Part AAA of Chapter 56 of 2009.

http://www.bloglines.com/blog/PLL?id=12749 for Part SS of Chapter 56 of 2009

http://www.bloglines.com/blog/PLL?id=12750 for Part ZZ of Chapter 56 of 2009

I am also including with her permission a Finding Aid compiled by Ellen R. Fuller, Reference Librarian at the New York State Supreme Court Library at Syracuse. Ellen's compilation provides a useful overview for examining the key issues of Chapter 56 including those Parts which address issues related to reform of the Rockefeller Drug Laws. Ellen's Finding Aid is an unofficial document which should not be relied upon for legal advice.

Finding Aid for Chapter 56 L. 2009 Changes, compiled by Ellen R. Fuller


Posted On: April 13, 2009

Q&A: Serial Volumes Received with Accompanying Flash Drives: How Should Libraries Respond?

At least one publisher appears to be experimenting with issuing flash drives to accompany at least some of the serial volumes they publish. How, or should, libraries process flash drives received in this matter and incorporate them into their collections. Below is a question posed via e-mail by someone actually receiving such materials and some responses and recommendations:*

QUESTION:

"Recently our library received an ABA serial, the 23rd Annual National Institute on White Collar Crime, with an accompanying flash drive. We have not received flash drives with print material before, and since this is sure to be a trend, I wanted to find out how others are handling this situation. The flash drive contains the contents of the entire volume, plus some unique material not replicated in the serial volume. Since we’d prefer to keep the information on the flash drive and the book together, one potential idea was to burn the flash drive contents to a CD-ROM and insert the disc in the back of the book."

SOME RESPONSES:

"We are copying the contents to CD. A flash drive's contents can easily
be erased. It also doesn't shelve well."
______________________________________

"We agree that we’ll be seeing more of these. So we purchased some small plastic cases from Gaylord and will put this drive and others that come on Reserve. Like the old floppy drives, they’re not secure from viruses and the potential for the data to be erased or corrupted remains. User beware. But they’ll be available if someone wants them."
______________________________________

"Some flash drives have locking mechanisms, which may help with ersing data, but I know that is not a complete solution. It sounds like some checkin procedure where the flash drive is checked for data corruption needs to be in place?"
______________________________________

"I wonder if there is a way we could use our collective consternation to stop this from becoming a trend. I don’t understand why they are putting this on a flash drive to begin with instead of a CD-ROM. If it is considered a convenience, it isn’t and actually adds to the cost of the book because of time and material. "
______________________________________

"If I could speculate on this, my guess is that the ABA was not thinking about libraries or the potential that libraries would want to keep the flash drive. Instead, they were probably thinking about the attorney who would probably want to have a copy for his or her laptop, in which case the flash drive is probably a better choice (easier to carry around, give to someone else, lose, etc.)"
______________________________________

"I agree that is exactly what ABA is thinking. If they want to make the flash drive available (for personal users), I think they should also offer a CD-ROM version (for libraries). They may just not be aware of how incovenient this is for libraries.

Is this an area where AALL CRIV could get involved to share our concerns?"

______________________________________

"Regarding the ABA serial "White Collar Crime" that was issued with an accompanying flash drive; I just received word from ...DELETED..., ABA Library Relations, that it was okay to copy the flash drive to a cd-rom. This is the route our library will be taking to handle the material issued on the flash drive."
______________________________________

"Somehow I don't think the ABA publications folks care very much if librarians find the flash drives a problem. The vast majority of their customers will probably find the flash drives useful. We're planning to just toss ours and not mess with copying files to a CDROM."
______________________________________
*In deference to privacy and confidentiality concerns expressed by some readers, all references to personal names in the above responses have been deleted. This however does not detract in any way from our appreciation of the professionalism and generosity of spirit exhibited by those participating in this discussion.

Posted On: April 13, 2009

Electronic Court Records Conference: Seattle, Washington

The King County Superior Court Clerk’s Office 2nd Annual Electronic Court Records Program Conference will be held August 4-6,2009 in Seattle, WA. This is a free program.

DESCRIPTION:

King County Superior Court Clerk’s Office proudly presents

ESTABLISHING YOUR OWN
ELECTRONIC COURT RECORDS PROGRAM
CONFERENCE

August 4 - 6, 2009
Seattle, Washington

The benefits of moving from paper court records to electronic court files are hard to over estimate. Paper files are available only during regular business hours and retrieving them requires a trip to the clerk’s office. Only one party can view a file or document at a time. Paper files can be lost, altered, stolen, and destroyed; file storage is expensive and space consuming. If you are dissatisfied with the limitations of paper and serious about implementing an electronic court records solution – this free conference is for you.

The 2nd annual ECR Conference will include intimate and rigorous sessions on all the pieces necessary to implement a successful electronic court records project, such as:
• Developing a master plan;
• Negotiating and contracting successfully;
• Calculating the cost/benefit analysis and return on the investment;
• Managing the business process changes and how to plan for them;
• Partnering with stakeholders to ensure your success; and
• Communicating the vision and your plan.

The King County Clerk’s Office is a 2007 Innovations in Government Award winner for their Electronic Court Records Program. The Harvard University’s Ash Institute Innovations Award Program, within the Kennedy School of Government, identifies and promotes best practices and exemplary initiatives that can be replicated in other settings, providing public officials and senior executives with models for innovation at all levels and policy areas of American government.

Conference attendees are entitled to have an expert, or team of experts, come to visit their site to talk directly with and answer questions specific to the implementation site. This may be a judge, a technologist, a budget planner, operations manager, or any other expertise that would be valuable to have on-site for a period of time.

If you are a policy maker and your Court or Clerk’s Office has made the choice to develop an electronic court records program, please indicate your interest in being invited to this space limited, intense 3-day conference by sending an email to: ECR.Conference@kingcounty.gov

This free conference is made possible by a grant from the Innovations in American Government Award Program from the Ash Institute for Democratic Governance and Innovations at the John F. Kennedy School of Government, Harvard University. Financial assistance for travel expenses may be available for qualifying attendees.


Posted On: April 13, 2009

William S. Hein Publications: Special Pricing for National Library Week


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Posted On: April 13, 2009

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

Update from the Lexis Alert Service,

April 13, 2009.

1. People v. Gagot, 277, 6919/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2724; 2009 N.Y. App. Div. LEXIS 2591, April 9, 2009, Decided, April 9, 2009, Filed, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edwin Torres, J.), ...

2. People v. Myers, 286, 5376/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2732; 2009 N.Y. App. Div. LEXIS 2603, April 9, 2009, Decided, April 9, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (William A. Wetzel, ...

3. People v. Toscano, 280, 122/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2727; 2009 N.Y. App. Div. LEXIS 2604, April 9, 2009, Decided, April 9, 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 (Laura Ward, J.), ...

4. People v. Batista, 163, 5636/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2292; 874 N.Y.S.2d 808; 2009 N.Y. App. Div. LEXIS 2229, March 26, 2009, Decided, March 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 (Bonnie G. Wittner, ...

5. People v. Cantey, 120, 2132/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2228; 874 N.Y.S.2d 805; 2009 N.Y. App. Div. LEXIS 2259, March 24, 2009, Decided, March 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Lewis Bart Stone, ...

6. People v. Webb, 64, 5893/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1858; 874 N.Y.S.2d 472; 2009 N.Y. App. Div. LEXIS 1856, March 17, 2009, Decided, March 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles H. Solomon, ...

7. People v. Cardona, 59, 5480/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1853; 874 N.Y.S.2d 474; 2009 N.Y. App. Div. LEXIS 1848, March 17, 2009, Decided, March 17, 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.), ...

8. People v. Reed, 4304, 6646/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1828; 874 N.Y.S.2d 470; 2009 N.Y. App. Div. LEXIS 1801, 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 (Edward J. McLaughlin, ...

9. People v. Johnson, 49, 6623/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1843; 874 N.Y.S.2d 471; 2009 N.Y. App. Div. LEXIS 1793, 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 (Gregory Carro, J.), ...

10. People v. Amitrano, 19, 23/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1710; 874 N.Y.S.2d 456; 2009 N.Y. App. Div. LEXIS 1751, March 10, 2009, Decided, March 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Roger S. Hayes, ...

11. People v. Sanchez, 5091, 4240/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1690; 874 N.Y.S.2d 461; 2009 N.Y. App. Div. LEXIS 1750, March 10, 2009, Decided, March 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Arlene D. Goldberg, ...

12. People v. Taylor, 5238, 4598/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1692; 874 N.Y.S.2d 462; 2009 N.Y. App. Div. LEXIS 1718, March 10, 2009, Decided, March 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (William A. Wetzel, ...

13. People v. Cornado, 7, 3991/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1700; 874 N.Y.S.2d 463; 2009 N.Y. App. Div. LEXIS 1749, March 10, 2009, Decided, March 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

14. People v. Robinson, 23, 23A, 23B, 3948/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1714; 874 N.Y.S.2d 451; 2009 N.Y. App. Div. LEXIS 1747, March 10, 2009, Decided, March 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (James A. Yates, ...

15. People v. Calder, 4820, 502/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1689; 874 N.Y.S.2d 460; 2009 N.Y. App. Div. LEXIS 1729, March 10, 2009, Decided, March 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Richard D. Carruthers, ...

16. People v. Diggs, 17, 4678/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1709; 874 N.Y.S.2d 457; 2009 N.Y. App. Div. LEXIS 1727, March 10, 2009, Decided, March 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Ronald A. Zweibel, ...

17. People v. West, 5441, 5871/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1592; 874 N.Y.S.2d 444; 2009 N.Y. App. Div. LEXIS 1536, March 5, 2009, Decided, March 5, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Arlene Goldberg, J.), ...


Posted On: April 13, 2009

Findlaw Case Summaries

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

April 6-10, 2009:

U.S. Supreme Court, April 06, 2009
Corley v. US, No. 07-10441
Defendant's bank robbery conviction is vacated, where the District Court erred by denying Defendant's motion to suppress his confession under McNabb v. US, 318 U.S. 332 (1943), and Mallory v. US, 354 U.S. 449 (1957), based on the government's delay in bringing him before a judge, where 18 U.S.C. section 3501 modified McNabb-Mallory but did not supplant it. ...

U.S. 1st Circuit Court of Appeals, April 09, 2009
US v. González-Castillo , No. 07-2134
Sentence for unlawfully entering the U.S. after being previously deported is reversed and remanded where a clear and obvious error occurred when the court based defendant's sentence on unsupported factual assertions, such that the error affected the defendant's substantial rights and impaired the fairness of defendant's sentence. .

U.S. 2nd Circuit Court of Appeals, April 06, 2009
US v. Hertular, No. 07-1453
Conviction for drug and drug-related crimes is affirmed in part, reversed in part, and vacated and remanded where: 1) the evidence was insufficient to support defendant's conviction for forcibly impeding or intimidating a federal officer under 18 U.S.C. sec. 111(a)(1) as the agents were not being threatened with immediate harm; 2) defendant's sufficiency challenge to his obstruction of justice conviction was patently without merit; 3) there was no plain error in the district court's jury instructions regarding the specific intent element of the obstruction of justice charge; and 4) although defendant's sentence is vacated in light of the reversal of his sec. 111 conviction, there is still no merit to defendant's procedural challenges to his sentence.

Continue reading " Findlaw Case Summaries " »

Posted On: April 13, 2009

Findlaw Case Summaries: Constitutional Law

U.S. 5th Circuit Court of Appeals, April 08, 2009
Davis v. Tarrant Cty., No. 07-11223
In a 42 U.S.C. section 1983 action seeking admission to a state system of appointing attorneys in felony cases, the dismissal of the complaint is affirmed, where Plaintiff lacked standing because he failed to show that his application would have been denied had he reapplied for the position after changes in the system. .

U.S. 7th Circuit Court of Appeals, April 06, 2009
US v. Benson , No. 08-1312
District court action enjoining defendant from selling materials based on his premise that customers could stop paying federal income taxes and avoid or defeat prosecution by relying on the materials is affirmed where: 1) defendant violated 26 U.S.C. sec. 6700 by selling an illegal method by which to avoid paying taxes, and knew that his statements regarding the illegal plan were false or fraudulent; and 2) the injunction was properly issued and did not violate the First Amendment. Denial of government's request to require defendant to divulge a list of his customers is reversed where: 1) defendant would not be harmed by identifying his customers and it would serve the public interest for the government to receive the full list; and 2) an order divulging the client list does not infringe on the First Amendment rights of defendant's customers.

U.S. 7th Circuit Court of Appeals, April 09, 2009
City of Joliet v. New West, L.P. , No. 08-3032
In an action involving eminent domain proceedings, district court judgment is affirmed where neither the National Housing Act nor the Multifamily Assisted Housing Reform and Affordability Act preempts state and local condemnation laws.

Continue reading " Findlaw Case Summaries: Constitutional Law " »

Posted On: April 10, 2009

Study: People With Untreated Mental Illness May Pose A Greater Threat to the Future of Libraries Than the Internet

Mark Estes, Editorial Director of AALL Spectrum, has forwarded the following Press Release about an important study published in the March/April 2009 issue of American Libraries, the journal of the American Library Association. The study suggests that people with untreated severe mantal illness may pose a greater risk to America's public libraries than the internet.*

PRESS RELEASE

FOR IMMEDIATE RELEASE CONTACT:
April 8. 2009 Paul DelPonte 703 294 6003,
delpontep@treatmentadvocacycenter.org

People with Mental Illnesses May Pose a Greater Threat to the Future of Libraries than the Internet,
Study Finds

People with untreated severe mental illnesses may pose a greater risk to the future of America's public libraries than does the invention of the Internet, according to a new survey released in the March/April edition of American Libraries, the journal of the American Library Association.

The survey of 1,300 public libraries finds that 9 out of 10 library staff members said that patrons with a mental illness have disturbed or affected the use of the library by other people, with an almost equal number (85 percent) saying they have had to call the police as a result.

"Our nation's libraries are turning into daytime shelters for people with severe mental illness who need to be in treatment," said lead study author E. Fuller Torrey, M.D., founder of the nonprofit Treatment Advocacy Center and Executive Director of the Stanley Medical Research Institute. "The fact that libraries remain a safe haven from violence and life on the streets for people with mental illness is a sad commentary. Doing so devalues human life and the importance of libraries in our communities."

The problems facing libraries are part of the larger issue of the lack of available treatment for people with severe mental illness, especially for those who are discharged from mental hospitals without any follow up care. The result is an increase of people with mental illnesses who are homeless and turn to libraries and other public facilities because they just need somewhere to go.

"The libraries did not ask to become day programs for people with mental illness," Torrey said, "but they are trying hard to accommodate these patrons. However, this should not be the job of libraries; it should be the job of mental health centers."

Other findings include:

* 28 percent say they have witnessed someone with a psychiatric disorder assault a staff member;
* 58 percent report more library patrons who appear to have serious psychiatric disorders now than when they first started working in the library;
* 61 percent say library patrons with psychiatric disorders utilize a disproportionate amount of staff time; and,
* 66 percent say they have needed to change library rules because of patrons with mental illnesses.

The librarians surveyed reported very serious problems in dealing with patrons with mental illness, including, "two librarians murdered by a mentally-ill patron in the early '90s," according the study. Others reported being punched, having chairs thrown, and stalking.

The librarians were frank in their comments about dealing with people with mental illness. Included were such statements as:

"Many, many library customers don't come downtown to our central library because they're afraid of these customers...They perceived the library to be a dangerous place and another homeless shelter and it has really lessened our stature in the community and is disheartening to our staff."

"Other patrons are often frightened by strange behavior...They tend to hold onto their children more tightly and leave more quickly than they might have planned."

"A number of patrons have told us they will not be back because of unpleasant encounters they feel are unsafe."

The survey was based on responses from 124 librarians geographically representative of the U.S. The study was published in the April issue of American Libraries, the journal of the American Library Association. In addition to Dr. Torrey, Rosanna Esposito, the interim executive director of the Treatment Advocacy Center, and Jeffery Geller, M.D. of the University of Massachusetts Medical School, authored the study.

The Treatment Advocacy Center (www.treatmentadvocacycenter.org) is a national nonprofit organization dedicated to eliminating barriers to the timely and effective treatment of severe mental illnesses. The Treatment Advocacy Center promotes laws, policies, and practices for the delivery of psychiatric care and supports the development of innovative treatments for and research into the causes of severe and persistent psychiatric illnesses, such as schizophrenia and bipolar disorder.
______________________________________
*Those interested in this subject may also want to see the American Library Association Tip Sheet 7, Library Accessibility-What You Need to Know: Library Patrons With Mental Illness.

Posted On: April 10, 2009

ALA Direct Newsletter

April 8, 2009.

ALA Direct is the eNewsletter of the American Library Association.

HIGHLIGHTS:

Included in this issue is a link which our Senior Law Librarian and ALA member Philip Blue recommends for job seekers:
http://joblist.ala.org/index.cfm

ALA Connect debuts
"ALA is now providing its members a common virtual space to engage in ALA business and network with other members around issues and interests relevant to the profession. In the first phase of ALA Connect, every ALA group will have the ability to utilize posts, online docs, a group calendar, surveys, polls, chat rooms, and discussion forums. Members can log in using their regular ALA website username and password. Their records are automatically synchronized with the ALA membership database, so affiliations with committees, divisions, events, round tables, and sections are displayed. Project Manager Jenny Levine offers an overview of the site and writes: 'I feel a little like Doctor Frankenstein—it’s aliiiiiive—but so far the patient is doing quite well.' "

A letter to President Obama
"On March 18, ALA President Jim Rettig submitted a letter to President Obama (PDF file) to address the issues ALA members chose to share with the administration during a January 24 Town Hall Meeting during the Midwinter Meeting in Denver: 'Libraries are perfectly positioned to disseminate information relevant to the issues and challenges that face us as a nation, the same key issues which your administration is seeking to address.'."..

Downturn puts new stresses on libraries
"As the national economic crisis deepens and social services become casualties of budget cuts, libraries have come to fill a void for more people, particularly job-seekers and those who have fallen on hard times. Libraries across the country are seeing double-digit increases in patronage, often from 10% to 30% over previous years. Many librarians say they feel ill-equipped for the newfound demands of the job, the result of working with anxious and often depressed patrons who say they have nowhere else to go....
New York Times, Apr. 1"

Google’s plan for orphan works
"Millions of orphan books may get a new legal guardian. Google has been scanning the pages of those books and others as part of its plan to bring a digital library and bookstore, unprecedented in scope, to computer screens across the United States. But a growing chorus, including ALA, is expressing concern that a far-reaching settlement of a suit brought against Google by publishers and authors is about to grant the company too much power over orphan works...."
New York Times, Apr. 3–4

Continue reading " ALA Direct Newsletter " »

Posted On: April 10, 2009

CLLB Information Security Newsletter

http://www.msisac.org/April 2009 Volume 2 Number 4.

From the Desk of David Badertscher

The use of credit cards to pay for goods and services is a common practice around the world. It enables business to be transacted in a convenient and cost effective manner. However, more than 100 million personally-identifiable, customer records have been breached in the US over the past two years[1]. Many of these breaches involved credit card information. Continued use of credits cards requires confidence by consumers that their transaction and credit card information are secure. The following provides information as to how the credit card industry has responded to security issues and steps you can take to protect your information.

Who regulates the security of credit card transactions?

The Payment Card Industry (PCI) Security Standards Council developed standards and policies that must be met by all vendors which accept credit card transactions. The Council’s members include American Express, Discover Financial Services, JCB International, MasterCard Worldwide and Visa International. The Council created an industry-wide, global framework that details how companies handle credit card data – specifically, banks, merchants and payment processors. The result was the Payment Card Industry (PCI) Data Security Standard (DSS)[2], a set of best practice requirements for protecting credit card data throughout the information lifecycle.

The PCI compliance security standards outline technical and operational requirements created to help organizations prevent credit card fraud, hacking and various other security vulnerabilities and threats.

The PCI DSS requirements are applicable if a credit card number is stored, processed, or transmitted. The major credit card companies require compliance with PCI DSS rules via contracts with merchants and their vendors that accept and process credit cards. Banks, merchants and payment processors must approach PCI DSS compliance as an ongoing effort. Compliance must be validated annually, and companies must be prepared to address new aspects of the standard as it evolves based on emerging technologies and threats.

How is my credit card information protected?

The PCI standards detail what protective measures are required regarding the string and transmission of credit card information. For electronic Point of Sale (POS) transactions, the information is encrypted and transmitted directly to the credit card processor. For an online transaction, the merchant is required to have a secure server and an encrypted connection to the customer. Access to credit card information is restricted based on a business need-to-know. The standards include guidelines for developing and maintaining secure systems and applications. Recent focus includes heightened security requirements for wireless networks due to the jump in the use of wireless POS terminals.

What if a merchant does not follow the standards?

If a member, merchant, or service provider does not comply with the security requirements or fails to rectify a security issue, they may face fines up to $500,000 per incident or restrictions imposed by the credit card companies, including denying their ability to accept or process credit card transactions.

What can I do to secure my credit card information?

You can help secure your credit card information by adhering to the following guidelines:

Don't respond to email or pop-up messages. If you get an email or pop-up message while you're browsing, don't reply or click on the link in the message or any attachments, especially if personal or financial information is requested. Legitimate organizations don't ask for this information in these ways.

Guard the security of your transaction. When purchasing online, look for the "lock" icon on the browser's status bar and be sure "https" or "s-http" appears in the website's address bar. The "s" stands for "secure."

Use temporary account authorizations when available. Some credit card companies offer virtual or temporary credit card authorization numbers. This kind of service gives you use of a secure and unique account number for each online transaction. These numbers are often issued for a short period of time and cannot be used after that period. Contact your credit card company to see if they offer this service.

Limit your online shopping to merchants you know and trust. If you have questions about a merchant, verify it with the Better Business Bureau or the Federal Trade Commission..

The above comments are based on information tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to http://www.msisac.org/



Posted On: April 10, 2009

ABA Journal Weekly Newsletter

Top Ten Stories of the Week ending April 3, 2009:

Law Practice Management
DuPont Shifts From BigLaw Model, Hires More Smaller Firms
Apr 6, 2009, 07:51 pm CDT

Law Firms
Legal Blogger David Lat Sees Reason for Panic
Apr 8, 2009, 08:39 am CDT

Law Practice Management
Times So Tough, Atty Had to Lay Off Wife; Others See Business Boom
Apr 7, 2009, 06:54 pm CDT

Careers
5 Questions to Ask Before Hiring a Career Coach
Apr 7, 2009, 01:07 pm CDT

Layoffs
After Losing Job, Lawyer Keeps Commuting--to Starbucks
Apr 7, 2009, 08:05 am CDT

Law Practice Management
Is Law Firm Paradigm Shift Ahead? Bring It On, Says Dechert Leader
Apr 6, 2009, 08:02 am CDT

Financial Crisis
Thompson Hine's Pay Cut Comes With Hourly Incentive to Recoup Lost $
Apr 9, 2009, 05:30 am CDT

Law Schools
Univ. of Alabama Accepts its Honors Undergrads Sans LSAT
Apr 8, 2009, 11:44 am CDT

Legal Ethics
Federal Judge Sanctions US $600K for Secretly Taping Defense Lawyer
Apr 9, 2009, 12:24 pm CDT

Law Firms
Law Firm Employee Asks Amy About Unsanitary Lawyers
Apr 6, 2009, 09:02 am CDT


Posted On: April 10, 2009

New York Legislature: Chapter Law List as of April 10, 2009

Information for this list was obtained from the New York State Legislative Retrieval System (LRS):

2009 CHAPTER LIST AS OF April 10, 2009 - Listed by Chapter Law Number, Highest number listed at top.

NOTE: Provisions regarding Rockefeller drug reform are included as Part AAA of Chapter 56A.

CHAPTER No. Bill No. Title

59 A159B Budget -- Enacts into law major components of legislation which are necessary to implement the Transportation, Economic Development & Environmental Conservation Budget for the 2009-2010 state fiscal year

58 A158B Budget -- Enacts into law major components of legislation necessary to implement the health and mental hygiene budget for the 2009-2010 state fiscal plan

57 A157B Budget -- Enacts into law major components of legislation which are necessary to implement the Education, Labor & Family Assistance Budget for the 2009-2010 state fiscal yea
r
56 A156B Budget -- Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2009 - 2010 state fiscal year

55 A155C Budget -- TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL CONSERVATION BUDGET

54 A154C Budget -- HEALTH AND MENTAL HYGIENE BUDGET

53 A153C Budget -- EDUCATION,LABOR AND FAMILY ASSISTANCE BUDGET

52 A152 Budget -- DEBT SERVICE FUND-GENERAL DEBT SERVICE FUND

51 A151A Budget -- LEGISLATURE AND JUDICIARY BUDGET

50 A150C Budget -- PUBLIC PROTECTION AND GENERAL GOVERNMENT BUDGET

10 S3700 RULES -- Makes appropriations for the support of government

9 S3641 JOHNSON C -- Authorizes the state comptroller to distribute certain funds from the indigent legal services fund to certain counties

7 A6740 Morelle (MS) -- Relates to a special enrollment period

6 A4750A Pretlow -- Repeals provisions of law relating to retention rates for facilities authorized to accept wagers on out-of-state tracks

5 A161A Budget -- Deficiency budget; makes appropriations for the support of government

4 A4392 Weinstein -- Delays from March 1, 2009 until September 1, 2009, the effective date of amendments to the provisions of law providing for powers of attorney

3 A4919 Budget -- Deficiency budget; makes appropriations for the support of government

2 S249A BUDGET -- Enacts various provisions of law necessary to implement savings adjustments to the state financial plan

1 A163A Budget -- Makes amendments to certain appropriations made by chapters 50, 53, 54 and 55 of the laws of 2008 relating to support of state government

Posted On: April 10, 2009

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

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

April 8-9, 2009.

COMMUNICATIONS LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
Global Network Communications, Inc. v. City of New York, No. 07-5184
In an action involving the denial of an application for a public pay telephone franchise, district court's grant of summary judgment for defendant is affirmed where: 1) defendant's refusal to grant plaintiff a franchise to operate on public rights-of-way on the basis of its past history of fraud is within the scope of the safe harbor exception of Telecommunications Act sec. 253; 2) the court did not err in dismissing plaintiff's state and federal law preemption claims; and 3) the court did not err in dismissing plaintiff's federal constitutional claims.

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Martinucci, No. 08-0104
Sentence for production of child pornography is affirmed where: 1) there is no merit to defendant's claim that the court erred in considering hearsay information in determining the appropriate sentence; and 2) the court did not exceed its sentencing discretion in departing upward under U.S.S.G. sec. 5K2.8 and imposing a term of imprisonment of 300 months, considering the seriousness of the offense and the great harm inflicted on the victim as well as the defendant's recidivism and lack of remorse.


CRIMINAL LAW & PROCEDURE, SENTENCING, TAX LAW
US v. Josephberg, No. 07-3958
Conviction for tax offenses and health care fraud is affirmed where: 1) the government presented sufficient evidence to support defendant's conviction for income tax evasion and health care fraud; 2) defendant's conviction for willful failure to file timely income tax returns and willful failure to pay tax did not violate the Fifth Amendment privilege against self incrimination as the pendency of a government investigation does not give a taxpayer a Fifth Amendment option to fail to file a tax return; 3) defendant did not provide sufficient evidence to support his allegations of prosecutorial misconduct; 4) the court did not err in refusing to give jury instruction defendant requested; and 5) the court did not err in sentencing calculations.

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Robles, No. 07-1013
Conviction and sentence for conspiracy to commit Hobbs Act robbery is affirmed where: 1) the district court did not err in calculating defendant's Sentencing Guidelines range as it properly considered the robberies as objects of the conspiracy even though the robberies were not identified as objects of the conspiracy in the conspiracy count of the indictment; and 2) the court properly enhanced defendant's sentence based on its finding that the robberies were objects of the overall conspiracy of which defendant was convicted, despite being acquitted of the robbery charge itself.

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. McCourty , No. 07-3862
Conviction and sentence for drug crimes is affirmed and remanded where: 1) no constructive amendment resulted when the district court broke the single offense into two parts to be addressed by the jury as neither the trial evidence nor the jury charge altered the superseding indictment; 2) there is no double jeopardy violation in the government's pursuance of a retrial of the one count of the indictment left undecided by the jury as there was neither a complete acquittal on the count nor an acquittal relating to a key factual element of the crime described in the count; and 3) the court did not abuse its discretion in denying defendant's motion for a new trial. Case is remanded for the limited purpose of allowing the district court to re-sentence in light of the Supreme Court's decision in Kimbrough. .

DISPUTE RESOLUTION & ARBITRATION
ReliaStar Life Ins. Co. of N.Y. v. EMC Nat'l Life Co., No. 07-0828
In a dispute involving an arbitration award, district court's judgment is reversed and remanded where the inclusion in an arbitration agreement of a statement that each will bear the expenses of its own arbitrator and attorneys does not deprive the arbitration panel of the authority to award such expenses as a sanction against a party whom the panel determines failed to arbitrate in good faith.

Posted On: April 10, 2009

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

Update from the Lexis Alert Service,

April 9, 2009.

1. People v. Dunkley, 243, 4713/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2659; 2009 N.Y. App. Div. LEXIS 2557, April 7, 2009, Decided, April 7, 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 (John Cataldo, J.), ...

2. People v. Parker, 260, 6326/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2671; 2009 N.Y. App. Div. LEXIS 2565, April 7, 2009, Decided, April 7, 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, ...

3. New York v. Harris, 264, 4857/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2675; 2009 N.Y. App. Div. LEXIS 2566, April 7, 2009, Decided, April 7, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Rena K. Uviller, ...

4. People v. Sabouni, 266, 5166/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2677; 2009 N.Y. App. Div. LEXIS 2560, April 7, 2009, Decided, April 7, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Arlene R. Silverman, ...

5. People v. Aviles, 242, 3613/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2658; 2009 N.Y. App. Div. LEXIS 2576, April 7, 2009, Decided, April 7, 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, ...

6. People v. Jones, 240, 4758N/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2657; 2009 N.Y. App. Div. LEXIS 2573, April 7, 2009, Decided, April 7, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Roger S. Hayes, ...

7. People v. Robinson, 262, 2655/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2673; 2009 N.Y. App. Div. LEXIS 2569, April 7, 2009, Decided, April 7, 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 (Maxwell Wiley, J.), ...

8. People v. Frierson, 268, 209/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2679; 2009 N.Y. App. Div. LEXIS 2587, April 7, 2009, Decided, April 7, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Richard D. Carruthers, ...

9. People v. Hayes, 253, 4363/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2665; 2009 N.Y. App. Div. LEXIS 2582, April 7, 2009, Decided, April 7, 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, ...

10. People v. Vega, 238, 908/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2656; 2009 N.Y. App. Div. LEXIS 2571, April 7, 2009, Decided, April 7, 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.), ...

11. People v. Albright, 4699, 4061/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1397; 874 N.Y.S.2d 65; 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, ...

12. People v. Martinez, 5374, 2875/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1420; 874 N.Y.S.2d 80; 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, ...

13. People v. Galarza, 5384, 2120/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1427; 874 N.Y.S.2d 83; 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.), ...

14. People v. Lott, 5313, 1490/05, 5314, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1332; 874 N.Y.S.2d 37; 2009 N.Y. App. Div. LEXIS 1310, February 24, 2009, Decided, February 24, 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, ...

Posted On: April 8, 2009

Janet Reno to Receive the Justice Award from the American Judicature Society

Hon. Janet Reno, former U.S. Attorney General, will receive the Justice Award, the American Judicature Society's highest honor at a ceremony in Washington, D.C. on Friday, April 17, 2009. For more information click on the link below:

Media Release announcing Justice Award for Hon. Janet Reno

Posted On: April 8, 2009

Copyright News: From the Office of Lesley Ellen Harris

BY Leslie Ellen Harris

Copyright, New Media Law & E-Commerce News

This Newsletter is being reproduced for noon-commercial purposes on this blawg with the permission of Leslie Ellen Harris.
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Volume 13, No. 3, April 7, 2009

ISSN 1489-954X

Contents:

1. Studies, Legislation and Conventions UK Discusses a Digital Rights Agency

2. Legal Cases:

Blockshopper Linking Case Settles
Aggregators May Freely Reproduce California Public Records
Conviction Under Anti-Camcording Law in Canada
Large CD and DVD Pirate Charge

3. Of Interest:

A Quick and Easy Way to Surrender Copyright
Open Source Commercial Textbooks

4. Seminars and Publications:

World Copyright Summit
Online Copyright Courses
Book: Licensing Digital Content: A Practical Guide for Librarians
Copyright Blogs

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

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

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1. STUDIES, LEGISLATION AND CONVENTIONS:


UK DISCUSSES A DIGITAL RIGHTS AGENCY – In a recently released discussion paper called Copyright in a digital world: What role for a Digital Rights Agency, the UK government sets the stage for a digital rights agency. The paper clearly states that it is not the role of the government to mandate how rights are traded or used, but rather to examine how it can facilitate a market space for simpler and easier negotiations to take place, and to encourage rights holders to create business and distribution models that meet the needs of consumers. The paper is posed to start the discussion about how a rights agency might work and comments are requested from stakeholders and public discussions forums will be held. See: http://www.ipo.gov.uk/digitalbritain.pdf.

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2. LEGAL CASES:

BLOCKSHOPPER LINKING CASE SETTLES - A recent settlement in the U.S. case of Blockshopper v. Jones Day leaves us without a precedent on the legality of deep linking. In this case, Blookshopper linked to the Web profile of a prominent real estate lawyer in a posting that highlighted his purchase of a condominium. After the law firm Jones Day initiated a legal suit, the parties reached a settlement agreement that prohibits Blockshopper from using embedded links (links that hide the URL so possibly creating confusion as to the source of the page). Blockshopper is allowed to use deep links to Jones Day Web pages, but it must use a URL that displays the source Web site. See the settlement agreement at: http://blog.cleveland.com/business/2009/02/Agreement.PDF.


AGGREGATORS MAY FREELY REPRODUCE CALIFORNIA PUBLIC RECORDS - On February 5th, 2009, the California Court of Appeals for the Sixth Appellate District released its decision in California first Amendment Coalition v. County of Santa Clara. In this case, the County of Santa Clara tried to enforce copyright in public records and to impose licensing restrictions (resulting in license fees) on commercial vendors. California first Amendment Coalition (“CFAC”) sued the county to release the public records. The Court rejected the argument that municipalities could claim copyright in public records or impose license fees. The Court dismissed adverse decisions from other jurisdictions. Now, a copyright claim in a California public record must have an express and specific grant of authority by the legislature. This means that aggregators may freely include California public records in their databases and license them to others. This is unless there is an appeal and reversal by the California Supreme Court or an enactment of legislation. See: http://www.courtinfo.ca.gov/opinions/documents/H031658.PDF.

CONVICTION UNDER ANTI-CAMCORDING LAW IN CANADA – Luis Rene Hache was sentenced to 24 months probation and 120 hours of community service for illegally reproducing the film “Dan in Real Life” in a movie theatre in Montreal, Canada.

LARGE CD AND DVD PIRATE CHARGE – Rajdeep Singh Ramgotra is now facing 52 charge under the Canadian Copyright Act in relation to 200,000 CDs and DVDs the RCMP seized from Winnipeg-based Audiomaxxx.com.

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3. OF INTEREST:

A QUICK AND EASY WAY TO SURRENDER COPYRIGHT – Creative Commons has launched CC0 (read: CC Zero), a universal waiver available to anyone who wants to permanently surrended copyright and database rights they own in a work. This would result in the work being freely available similar to the situation when copyright duration expires. See: http://creativecommons.org/publicdomain/zero/1.0/legalcode.


OPEN SOURCE COMMERCIAL TEXTBOOKS – New York-based Flat World Knowledge, Inc. is now offering free Web-hosted textbooks. The company provides students with options to buy print-on-demand softcover textbooks, audio textbooks, and self-print individual chapters, thereby earning revenue to pay its authors. Faculty are able to customize their textbooks and students who access their books in a digital format are able to do so for free. See: www.flatworldknowledge.com.

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4. SEMINARS AND PUBLICATIONS:


WORLD COPYRIGHT SUMMIT – Copyrightlaws.com is a media partner for the upcoming World Copyright Summit in Washington DC, June 9 & 10, 2009. This is an international forum that brings together those directly involved in creative industries to openly debate the future of copyright and the distribution of creative works in the digital era. It is organized by CISAC, the International Confederation of Societies of Authors and Composers. Building on the success of the inaugural Copyright Summit held in Brussels, the 2009 event will bring together influential creators, creative industry leaders, rights societies, content services providers, broadcasters, telecom operators, technology and legal experts, political figures and law-makers from around the world to exchange their views. For further information, visit: www.copyrightsummit.com or email: Mubenah.khan@copyrightsummit.com.


ONLINE COPYRIGHT COURSES– Copyrightlaws.com is offering the following online courses from April 20 to May 22, 2009:

· Copyright Education: Demystifying Copyright in your Enterprise.

· Digital Content Management

· Copyright Law for Canadian Librarians (this is the first offering of this course)

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


Copyrightlaws.com jointly with the Special Library Association/Click University is offering a 3 week interactive online course on Copyright Issues for Special Librarians, beginning April 21, 2009. A course on the practical aspects of international copyright issues for librarians begins May 18, 2009. Participants in these courses receive CEU credits and are eligible for the Click University Certificate in Copyright Management. These course are open to SLA members and to the public. See: www.clickuniversity.com.


BOOK: LICENSING DIGITAL CONTENT: A PRACTICAL GUIDE FOR LIBRARIANS - Written by Lesley Ellen Harris, the 2nd edition of this book published by ALA Editions is now available for ordering through ALA Editions at: www.alaeditions.org. Also, see: www.licensingdigitalcontent.blogspot.com.


COPYRIGHT BLOGS – Copyrightlaws.com hosts the following blogs:

www.copyrightanswers.blogspot.com - a forum for the public to ask their copyright questions and get quick and practical answers.

www.copyrightlawscom.blogspot.com - a blog about copyright and licensing compliance and education.

www.copyright49.blogspot.com - a site dedicated to the comparison of U.S. and Canadian copyright issues.

www.licensingdigitalcontent.blogspot.com - the e-companion to the print book, Licensing Digital Content: A Practical Guide for Librarians, and a place to discuss licensing issues from the content owner and consumer/librarian perspectives.

By “following” any of the above blogs, you will be kept up to date when new postings are made to them.

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

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

Posted On: April 8, 2009

New York District Attorney Morgenthau Announces 118 Count Indictment of Profileration of Illicit Missle and Nuclear Technology to Government of Iran

Manhattan District Attorney Robert M. Morgenthau announced today a 118-count
indictment of a Chinese citizen and his company for charges relating to the
misuse of Manhattan banks and the proliferation of illicit missile and nuclear
technology to the Government of Iran. The Chinese company, known as LIMMT,
is a major supplier of banned weapons material to the Iranian military.

The defendants, LI FANG WEI (a/k/a KARL LEE, a/k/a PATRIC, a/k/a SUNNY
BAI, a/k/a K. LEE a/k/a KL, a/k/a DAVID LI, a/k/a F.W. LI) and LIMMT
ECONOMIC AND TRADE COMPANY, LTD., (a/k/a LIMMT (DALIAN FTZ)
METALLURGY AND MINERALS CO., LTD., a/k/a LIMMT (DALIAN FTZ)
MINMETALS AND METALLURGY CO., LTD., a/k/a LIMMT (DALIAN FTZ)
METALLURGY AND MINERALS CO., LTD., a/k/a ANSI METALLURGY
INDUSTRY CO. LTD., a/k/a BLUE SKY INDUSTRY CORPORATION, a/k/a SC
(DALIAN) INDUSTRY & TRADE CO., LTD., a/k/a SINO METALLURGY AND
MINMETALS INDUSTRY CO., LTD., a/k/a SUMMIT INDUSTRY
CORPORATION, a/k/a LIAONING INDUSTRY & TRADE CO., LTD., a/k/a
WEALTHY OCEAN ENTERPRISES LTD.) (LIMMT) were indicted on charges of
falsifying business records and conspiracy.

Morgenthau Indictment, Li Fang Wei et.al.

Posted On: April 8, 2009

U.S. Supreme Court Update

April 8, 2009

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

Corley v. United States
No. 07-10441

In vacating and remanding a 3rd Circuit decision, the U.S. Supreme Court has found that 18 U.S.C. 3501 regarding admissibility of voluntary confessions modifies but does not supplant the bar to admissibility of voluntary confessions obtained outside of “reasonable” time limits anticipated under McNabb-Mallory. For a copy of the opinion, see

http://www.supremecourtus.gov/opinions/08pdf/07-10441.pdf.

Posted On: April 8, 2009

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

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

April 7, 2009.

CRIMINAL LAW & PROCEDURE, PER CURIAM
US v. Kopp , No. 07-2797
Conviction for intentionally inflicting on a person, because that person was a provider of reproductive health services, an injury resulting in death is affirmed where: 1) district court properly denied defendant's motion to suppress evidence as untimely, and defendant provided no valid basis for a claim for relief from the Fed. R. Crim. P. rule 12(e) waiver; 2) court did not err when it granted government's motion to introduce defendant's statements in redacted form as the redacted portions had no bearing on the jury's consideration; and 3) the court did not err in precluding defendant from asserting a justification defense and instructing the jury that it was not to consider a justification defense, as the evidence was insufficient to support that defense under any reasonable articulation. ..

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Hertular, No. 07-1453
Conviction for drug and drug-related crimes is affirmed in part, reversed in part, and vacated and remanded where: 1) the evidence was insufficient to support defendant's conviction for forcibly impeding or intimidating a federal officer under 18 U.S.C. sec. 111(a)(1) as the agents were not being threatened with immediate harm; 2) defendant's sufficiency challenge to his obstruction of justice conviction was patently without merit; 3) there was no plain error in the district court's jury instructions regarding the specific intent element of the obstruction of justice charge; and 4) although defendant's sentence is vacated in light of the reversal of his sec. 111 conviction, there is still no merit to defendant's procedural challenges to his sentence.

Posted On: April 7, 2009

Selected Forthcoming Books Related to Criminal Justice

Search limited to forthcoming hardcover books published in english:


Criminal Justice in China: A History

Author: Mühlhahn, Klaus Publisher: Harvard University Press ISBN or UPC: 0-674-03323-X (Active Record)
Format: Trade Cloth Date: Apr 2009 Price: $29.95 Market: United States
Availability: Readily Available
LC Class #: KNN1572.M84 2009 Dewey#: 364.951 ISBN 13: 978-0-674-03323-8


The New International Policing

Author: Greener, Beth Publisher: Palgrave Macmillan ISBN or UPC: 0-230-57390-8 (Active Record)
Format: Trade Cloth Date: Apr 2009 Price: $85.00 Market: United States
Availability: Readily Available
LC Class #: HV7921.G74 2009 Dewey#: 363.2 ISBN 13: 978-0-230-57390-1


In the Name of Justice: Leading Experts Reexamine the Classic Article, the Aims of the Criminal Law

Author: Lynch, Timothy Publisher: Cato Institute ISBN or UPC: 1-933995-22-X (Active Record)
Format: Trade Cloth Date: Apr 2009 Price: $19.95 Market: United States
Availability: Readily Available
LC Class #: KF9223.I58 2009 Dewey#: 345.73/05 ISBN 13: 978-1-933995-22-9


Privilege or Punish: Criminal Justice and the Challenge of Family Ties

Author: Markel, Daniel et al. Publisher: Oxford University Press, Incorporated ISBN or UPC: 0-19-538006-1 (Active Record)
Format: Trade Cloth Date: Apr 2009 Price: $75.00 Market: United States
Availability: Available for Order
LC Class #: K5001.M37 2009 Dewey#: 364 ISBN 13: 978-0-19-538006-4


Encyclopedia of Race and Crime

Author: Gabbidon, Shaun L. et al. Publisher: SAGE Publications, Incorporated ISBN or UPC: 1-4129-5085-6 (Active Record)
Format: Trade Cloth Date: Apr 2009 Price: $315.00 Market: United States
Availability: Available for Order
LC Class #: HV6789.E43 2009 Dewey#: 364.973089 ISBN 13: 978-1-4129-5085-5


Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement

Author: Nolan, J. L. Publisher: Princeton University Press ISBN or UPC: 0-691-12952-5 (Active Record)
Format: Trade Cloth Date: Apr 2009 Price: $35.00 Market: United States
Availability: Available for Order
LC Class #: K5001.N65 2009 Dewey#: 345/.05 ISBN 13: 978-0-691-12952-5


Criminal Injustice: Slaves and Free Blacks in Georgia's Criminal Justice System

Author: McNair, Glenn Publisher: University Press of Virginia ISBN or UPC: 0-8139-2793-5 (Active Record)
Format: Trade Cloth Date: Apr 2009 Price: N/A Market: United States
Availability: Available for Order
LC Class #: HV9955.G4M36 2009 Dewey#: 364.9758089/96073 ISBN 13: 978-0-8139-2793-0


Democratic Policing in a Changing World

Author: Manning, Peter Publisher: Paradigm Publishers ISBN or UPC: 1-59451-545-X (Active Record)
Format: Trade Cloth Date: Apr 2009 Price: $88.00 Market: United States
Availability: Available for Order
ISBN 13: 978-1-59451-545-3


Debates in Criminal Justice: Learning from Key Debates

Author: Ellis Publisher: Routledge ISBN or UPC: 0-415-44590-6 (Active Record)
Format: Trade Cloth Date: Sep 2008 Price: $120.00 Market: United States
Availability: Available for Order
Dewey#: 364 ISBN 13: 978-0-415-44590-0


Enforcing the Law: Police and Society

Author: Publisher: Wadsworth ISBN or UPC: 0-534-62343-3 (Active Record)
Format: Trade Cloth Date: Jun 2008 Price: $88.95 Market: United States
Availability: Available for Order
ISBN 13: 978-0-534-62343-2


Terrorism and Criminal Justice: An Introduction

Author: Onwudiwe, Ihekwoaba D. Publisher: Carolina Academic Press ISBN or UPC: 0-89089-566-X (Active Record)
Format: Cloth Text Date: 2008 Price: N/A Market: United States
ISBN 13: 978-0-89089-566-5


The Criminal Justice Club: A Career Prosecutor Takes on the Media--and More

Author: Lewis, Walt Publisher: Walbar Books ISBN or UPC: 0-9787870-0-5 (Active Record)
Format: Trade Cloth Date: 2008 Price: $28.95 Market: United States
ISBN 13: 978-0-9787870-0-4

Posted On: April 7, 2009

ABA: Books for Litigators

From the ABA General Practice, Solo and Small Firm Division.

Effective Strategies for Litigators

Convincing the Judge: Practical Advice for Litigators

by Cecil C. Kuhne III

Learn what judges like and do not like and how to deal with the judge throughout the entire litigation process. This book distills the advice of judges to practitioners appearing in their courtrooms and provides practical advice on case management, all phases of trial, and appeals. It also explains the judicial role and suggests tips for dealing with a difficult judge. Each chapter includes valuable practice tips and specific examples for enhancing your litigation skills.

Product Details: 5150320

Regular Price: $84.95/GP Solo Section Member Price: $68.95
© June 2008
6x9 - Paperback
187 pages, Paperback
_____________________________________

A Litigator's Guide to Expert Witnesses
by Cecil C. Kuhne III

Whether you are an experienced litigator or just starting your practice, you won't want to head to court or to a deposition without this book.

The admission of expert witness testimony remains one of the most contentious, critical, and interesting aspects of the modern-day litigation process. This book examines the role of the expert witness, focusing on taking depositions, expert qualifications, admissibility of testimony, attorney-client privilege, Daubert, rules of discovery and evidence, selecting and presenting experts, and direct examination of experts. It covers:

An overview of expert testimony
The legal framework
Supreme Court Decisions
Rules of discovery
Rules of evidence
Selecting experts
Presenting experts
Objecting to experts
Deposition of experts
Direct examination of experts
Cross-examination of experts

Product Details: 5150306

Regular Price: $84.95/GP Solo Section Member Price: $68.95
© Nov 2006
6 x 9 - 300 pages, Paperback


Posted On: April 7, 2009

Position Opening: O'Quinn Law Library University of Houston

Currently we have an opening at the O’Quinn Law Library: the position of Special Projects Librarian. For detailed information please visit: http://www.law.uh.edu/libraries/job%20ads/SpProjLibrn-04-09.htm.

Applicants please send a cover letter, a resume, and the names of three references to: Mon Yin Lung, Associate Director, O’Quinn Law Library, University of Houston, 12 Law Library, Houston, TX, 77204-6054 or mlung@central.uh.edu. Official review of applications begins immediately and continues until the position is filled. The University of Houston is an Equal Opportunity/Affirmative Action employer. Women, minorities, veterans, and individuals with disabilities are encouraged to apply.

Posted On: April 7, 2009

PowerPoint Security Bug Found in Microsoft Office 2003

"A new zero-day remote code execution vulnerability has come to light, this time affecting Microsoft Office PowerPoint.

The software giant has issued a security advisory about the potential exploit, which affects older Microsoft Office versions up through Office 2003. The current flagship Office 2007 product is not vulnerable."

For more details see article by Jabulani Lefall, "PowerPoint Security Bug Found in Office 2003" at:

http://gcn.com/articles/2009/04/06/powerpoint-flaw.aspx?s=gcndaily_070409

Posted On: April 6, 2009

As Mexico Battles Cartels, The Army Becomes the Law

Posting prepared by Matthew Micka

Thursday, April 2, 2009

Mexican President Felipe Calderón is now deploying nearly 50% (45,000) of his nation’s combat ready troops to wage a war against his nation’s powerful drug traffickers, who supply an estimated 90% of the cocaine entering the United States.

Retired army officers are being called-up as commanders of local police forces, which are in turn being supplied with automatic weapons and, fragmentation grenades and grenade launchers.

Local police departments had by and large been corrupted and cooped by the drug cartels. Vetting and retraining of Mexico’s 450,000 policemen is underway, and almost half of the 56,000 officers vetted so far have failed.

Daily life in affected areas goes on in a virtual war-zone of army patrols, raids and roadblocks. Public reaction ranges from relief to dismay. Both U.S. and domestic officials predict that the troops will be needed for years to come.

An unanticipated consequence of the army’s involvement, however, has been an escalation of violence, against the army, and against officials.

In the southern state of Guerrero the army ratcheted up security last year following by a two-month stretch in which nine soldiers were abducted and decapitated, and a former mayor was shot 24 times in front of 1,000 people attending the coronation of a local beauty queen.

Mexican officials estimate that the cartels operate on a $10 billion annual budget, and employ 150,000 people. The Mexican government will spend $9.3 billion on national security this year, a 99% increase since the ascension of Calderon.

Since December 2006, over 10,100 people have been killed, including 917 policemen, soldiers, and officials. Concurrently, human rights complaints against the army have surged 576%, according to Mexico's National Human Rights Commission
.
The U.S. Drug Enforcement Administration applauds Calderón's decision to use the military an "extraordinarily courageous step." An ardent conservative and Catholic, Calderon has by now virtually staked his presidency on his war against the cartels.

José Luis Piñeyro, a Mexican military analyst, said the president and his advisers had "launched a war for which they were unprepared." And U.S. Drug Enforcement Administration Intelligence Chief Anthony P. Placido said he believes that Calderón "is way past the point of no return. . . He has to fight to save himself, his party and his country."

From Washington Post article by Steve Fainaru and William Booth, Washington Post Foreign Service

http://www.washingtonpost.com/wpdyn/content/article/2009/04/01/AR2009040104335.html?wpisrc=newsletter

Posted On: April 6, 2009

U.S. Supreme Court Update: Harbison v. Bell, Warden


Harbison v. Bell, Warden

No. 07-8521

"In reversing a 6th Circuit opinion, the U.S. Supreme Court has found that a certificate of appealability is not required to appeal a denial of federally appointed counsel, and that federally appointed counsel may represent clients in state clemency proceedings and be compensated for that representation. Following Tennessee state courts’ rejection of Petitioner’s conviction and death penalty challenges, a federal public defender had been appointed to represent him in a habeas petition. Upon denial of that petition, counsel sought to continue representing Petitioner in state clemency proceedings since Tennessee does not provide counsel for such proceedings. The District Court had denied the motion, and the 6th Circuit had affirmed."

For a copy of the slip opinion, see: http://www.supremecourtus.gov/opinions/08pdf/07-8521.pdf.

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

Posted On: April 6, 2009

Rescuecom Corp. v. Google Inc.

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

CYBERSPACE LAW, INTELLECTUAL PROPERTY, TRADEMARK

Rescuecom Corp. v. Google Inc. , No. 06-4881

In an action brought under the Lanham Act for trademark infringement, false designation of origin, and dilution, the district court's dismissal for failure to state a claim is reversed and remanded where plaintiff's allegations that Google's recommendation and sale of its mark to Google's advertisers, so as to trigger the appearance of their advertisements and links in a manner likely to cause consumer confusion when a Google user launches a search of plaintiff's trademark, defendant made a use in commerce of the plaintiff's trademark, properly alleges a claim under the Lanham Act.

Posted On: April 6, 2009

Findlaw Case Summaries: Criminal Law and Procedure

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

March 30 - April 3, 2009:

U.S. Supreme Court, March 31, 2009
Rivera v. Illinois, No. 07-9995
Provided that all jurors seated in a criminal case are qualified and unbiased, the Due Process Clause does not require automatic reversal of a conviction because of the trial court's good-faith error in denying the defendant's peremptory challenge to a juror. Defendant's murder conviction is therefore affirmed.

U.S. Supreme Court, April 01, 2009
Harbison v. Bell, No. 07-8521
In a capital habeas proceeding, the denial of federal appointed counsel's motion to expand the scope of her representation to include state clemency proceedings is reversed, where: 1) a certificate of appealability is not required to appeal an order denying a request for federally appointed counsel, because 28 U.S.C. section 2253(c)(1)(A) governs only final orders that dispose of a habeas corpus proceeding's merits; and 2) because state clemency proceedings are "available" to state petitioners who obtain representation under 28 U.S.C. section 3599(a)(2), the statute's plain language indicates that appointed counsel's authorized representation includes such proceedings.

U.S. 1st Circuit Court of Appeals, March 30, 2009
US v. Gonzalez-Ramirez , No. 07-1880
Conviction and sentence for drug crimes is affirmed where: 1) the district court did not abuse its discretion in denying defendant's motion for a competency hearing and request for a continuance; 2) the court did abuse its discretion in admitting the cocaine and packaging as evidence, or the officer's testimony related to the evidence; and 3) the evidence was sufficient to support his conviction.

U.S. 1st Circuit Court of Appeals, March 30, 2009
US v. Rivera , No. 07-2675
District court judgment is affirmed where the "did assault and beat" charging language in the criminal complaint sufficed to identify the offense as a violent felony under the Armed Career Criminal Act or a "crime of violence" under the career offender provision of the United States Sentencing Guidelines. Read more...

U.S. 1st Circuit Court of Appeals, April 01, 2009
US v. Marsh , No. 07-1698
Sentence for drug crimes is affirmed where the court was not unreasonable in applying a twelve-month upward departure from defendant's mandatory minimum sentence, as the court made an informed decision and also stated it would have reached the same result under the U.S. Sentencing Guidelines as it would have in a non-Guideline setting.

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

Posted On: April 6, 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 30 - April 3, 2009:

U.S. 2nd Circuit Court of Appeals, April 01, 2009
Garcia v. Yonkers Sch. Dist. , No. 07-3167
In an First Amendment action between students and school district, district court's grant of attorney's fees to plaintiff is reversed where plaintiffs were not prevailing parties in the matter as the court did not issue a preliminary injunction or a temporary restraining order and therefore there was no basis for according prevailing party status. ..

U.S. 4th Circuit Court of Appeals, April 02, 2009
Andrew v. Clark, No. 07-1184
In a 42 U.S.C. section 1983 action alleging that Defendants violated Plaintiff's First Amendment rights by retaliating against him for releasing an internal police memorandum, the complaint's dismissal is vacated, where there was a dispute as to whether Plaintiff released the memorandum as part of his official duties.

U.S. 1st Circuit Court of Appeals, March 30, 2009
Coors Brewing Co. v. Méndez-Torres, No. 07-2682
In an action challenging a beer tax exemption as unconstitutional under the Commerce Clause, district court's grant of defendant's motion to dismiss is reversed and remanded where: 1) the court erred in finding that the decision of the jurisdictional issue in the earlier Calderón action precluded consideration of that issue in the current suit; 2) plaintiff's action is not barred by the Butler Act limiting federal jurisdiction in Puerto Rico or by principles of comity; 3) the PR Supreme Court's decision in Brewers does not provide a basis for granting defendant's motion to dismiss; and 4) defendant failed to meet the burden of showing sufficient privity between plaintiff and plaintiff's PR beer distributor, and thus the the prior final judgment involving the distributor does not preclude the present action.


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Posted On: April 6, 2009

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

Update from the Lexis Alert Service,

April 6, 2009.

1. People v. Nunez, 212, 4936/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2535; 2009 N.Y. App. Div. LEXIS 2442, April 2, 2009, Decided, April 2, 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. Pearson, 225, 225A, 225B, 4340/06, 4464/06, 4478/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2543; 2009 N.Y. App. Div. LEXIS 2428, April 2, 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 ...
Judgments, Supreme Court, New York County (Charles Solomon, J. ...

3. People v. Smith, 217, 5584/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2538; 2009 N.Y. App. Div. LEXIS 2431, April 2, 2009, Decided, April 2, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Lewis Bart Stone, ...

4. People v. McClain, 222, 1200/06, 223, 224, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2542; 2009 N.Y. App. Div. LEXIS 2441, April 2, 2009, Decided, April 2, 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 ...
... Defendant-Appellant. The People of the State ...
Judgment, Supreme Court, New York County (Rena K. Uviller, ...

5. People v. Tucker, 176, 800/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2469; 2009 N.Y. App. Div. LEXIS 2510, March 31, 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 (Bonnie Wittner, J. ...

6. People v. Bush, 193, 5516/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2477; 2009 N.Y. App. Div. LEXIS 2504, March 31, 2009, Decided, March 31, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles H. Solomon,

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Posted On: April 3, 2009

Social Security Administration: Fugitive Felons Serving As Representative Payees

The Office of the Inspector General of the Social Security Administration (SSA) has prepared an audit report, Fugitive Felons Serving As Representative Payees. March 2009. The Report consists of a review and analysis of representative payee issues within the SSA. To conduct the review, a file of fugitive records was obtained from the SSA Office of Investigations. From that file it was determined that 14, 594 inbdividuals for whom arrest warrants had been issued and who were represenative payees for SSA benificiaries as of July 2007 From this group 275 individuals were randomly selected for detailed analysis..

To see the entire Report click on the link below:

Audit Report: Fugitive Felons Serving As Representative Payees


Posted On: April 3, 2009

All Charges Dropped Against Former Senator Ted Stevens of Alaska

The U.S. Justice Department moved on Wednesday April 1 to drop all charges in the case against former Senator Ted Stevens of Alaska. In a federal court on Wednesday Justice Department lawyers explained that in addition to earlier disclosures they discovered further evidence of misconduct that raised questions about the way the entire case was handled.

Attorney General Eric Holder Jr. issued a statement (see link below) explaining the Department of Justice position and said that he would not seek a new trial.

Statement of Attorney Gereral Eric Holder Jr. Regarding Former Alaska Senator Ted Stevens

Posted On: April 3, 2009

Documents:Illinois Former Governor Rod Blagojevich and Five Associates Indicted by Grand Jury

In a 75 page, 19 count indictment, prosecutors allege that Mr. Blagojevich and his associates sought illegal profits from the governor's authority to award money and jobs in construction, legal work, consulting and investmentments. Included in the indictment are allegations that Mr. Blagojevich and his associates "schemed to auction off the Senate seat vacated by President Barack Obama".

To provide you further clarification we refer you to the following two documents:

A one page Fact Sheet prepared by the Office of U.S. Attorney for the Northern District Patrick Fitzgerald

Indctment in the Matter of United States v. Rod Blagojevich et. al.


Posted On: April 3, 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.

ATTORNEY'S FEES, INSURANCE LAW
LMK Psych. Servs., P.C. v. State Farm Mut. Auto Ins. Co., No. 31
In an action for no-fault insurance proceeds, the attorneys' fee award in favor of Plaintiffs is reversed, where: 1) attorneys' fees in an insurance claim are to be calculated based on the aggregate of all bills for each insured; and 2) an insurer who issues a proper and timely denial is entitled to tolling with regard to interest on the claim.

CONSTRUCTION, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE
Kerusa Co. v. W10Z/515 Real Estate Ltd. Pshp., No. 36
In a fraud action stemming from construction defects, the dismissal of the complaint is affirmed where a purchaser of a condominium apartment may not bring a claim for common-law fraud against the building's sponsor when the fraud is predicated solely on alleged material omissions from the statutorily mandated offering plan amendments


INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
Ferluckaj v. Goldman, Sachs & Co., No. 45
In a tort action based on Plaintiff janitor's accident while cleaning a building leased to Defendant, the denial of Defendant's summary judgment motion is reversed, where Defendant did not hire Plaintiff's employer and exercised no control over Plaintiff's work. .

PROBATE, TRUSTS & ESTATES, SPORTS LAW
Golden Gate Yacht Club v. Societe Nautique de Geneve, No. 25
In an action seeking to exclude a challenger from the America's Cup yacht race, summary judgment for Plaintiff is affirmed where the phrase "having for its annual regatta" in the trust instrument required a yacht club to hold an annual regatta on the sea prior to issuing its challenge to participate in the race

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Posted On: April 3, 2009

ABA Journal Weekly Newsletter

Top Ten Stories of the Week ending April 3, 2009:

Law Practice Management
Law Firm Manager Writes Post Columnist About Clueless Associates
Mar 30, 2009, 08:44 am CDT

Law Practice Management
NYT: It's Time to Rethink the Legal Profession
Apr 2, 2009, 06:40 am CDT

Law Practice Management
March Mayhem Tally Tops 3,500 After End-of-Month Law Firm Layoffs
Mar 31, 2009, 09:00 pm CDT

Careers
5 Tips to Planning Your Career to Beat the Recession
Mar 31, 2009, 12:16 pm CDT

Law Firms
LA Firm Cuts Associate Pay, an Indication of Cracks in Lockstep Pay Model?
Apr 1, 2009, 05:40 am CDT

Law Professors
Law Profs, Beware: Videotaped Lectures Can Be Embarrassing YouTube Moments
Mar 31, 2009, 09:20 am CDT

Law Practice Management
April is the Cruelest Month for Lawyers Behind on Their Taxes
Apr 1, 2009, 06:43 pm CDT

Post-Conviction
Web-Savvy Law Student Helps Win Release of Battered Woman Jailed 29 Yrs
Apr 2, 2009, 08:18 am CDT

Real Estate & Property Law
Next Wave in Mortgage Crisis: Abandoned Foreclosures
Mar 30, 2009, 07:00 am CDT

Constitutional Law
Fed'l Judge in Pa. Backs ACLU, Bars DA from Charging Teens for 'Sexting'
Mar 30, 2009, 07:30 pm CDT

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