Posted On: June 25, 2009

Book Review: A Right to Discriminate?: How the Case of Boys Scouts of America v.James Dale Warped the Law of Free Association

TITLE: A Right to Discriminate?
SUBTITLE: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association
AUTHOR: Andrew Koppelman with Tobias Barrington Wolff
PUBLICATION DATE: July 2009
PUBLISHER: Yale University Press
PAGE COUNT: 192 pp.
ISBN: 978-0-300-12127-8
PROBABLE PRICE: $38.00

Koppelman (law & poly sci/Northwestern) has teamed up with Wolff (law/U. Penn.) to analyze the effect of a seminal 2000 discrimination case on Constitutional law. Plaintiff Dale was expelled from the Boy Scouts of America due to sexual orientation. Suing under New Jersey's antidiscrimination law, the authors track the reasoned logic of the lower court: Dale's membership in the Boy Scouts did not violate the organization's freedom of expression because his objective was merely associative and did not infringe on the intentions of other members. The U. S. Supreme Court reversed with an opinion that Koppelmann and Wolff conclude would effectively overturn any antidiscrimination law. An overly-broad interpretation of the First Amendment, they argue, means that an association need only engage in expression in order to be protected. The Dale case is thus ripe for reversal by future justices who fear that its expansive scope might permit any expressive association to resist any form of regulation that it claims would interfere with its message. Recommended for academic, public, and law libraries.

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


Posted On: June 23, 2009

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

Update from the Lexis Alert Service,

June 23, 2009:.

1. People v. Perez, 843, 5734/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4972; 2009 N.Y. App. Div. LEXIS 4899, June 18, 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 Solomon, J.), ...

2. People v. Pereyra, 850, 579/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4975; 2009 N.Y. App. Div. LEXIS 4891, June 18, 2009, Decided, June 18, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

3. People v. Fields, 852, 4782/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4977; 2009 N.Y. App. Div. LEXIS 4894, June 18, 2009, Decided, June 18, 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.

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

Posted On: June 23, 2009

Q&A: How Many Law School Faculty Members Have Kindles

Lyonette Louis-Jacques of the D'Angelo Law Library at the University of Chicago has conducted a quick, informal, but very interesting survey asking law school librarians how many of their faculty members use Kindles. As often happens with such surveys, the results or responses reveal more than was originally intended, thus creating interest among readers well beyond the range of the original audience. For this reason I have contacted Lyonette and requested her permission, which she has granted, to republish her questions and responses on this blawg for the benefit of our readers. David Badertscher

LYONETTE'S QUESTIONS:

I asked on Twitter, teknoids and the CSSIS-L lists. I got 21
responses. 6 responders indicated they own Kindles.

9 libraries reported no faculty with Kindles.

11 libraries reported a few faculty with Kindles. From some
of the numbers, I'm guessing closer to 1-2 than 3-4 faculty
with Kindles.

1 library reported 5 faculty with Kindles.

That's it. So, the results of this very informal survey show
that Kindle use hasn't really taken off in law schools yet.

Some comments from responders:

"Faculty have little or no interest in the Kindle" (but that
was countered by "a good amount of interest")

"I'm guessing very few students have Kindles"
"I haven't seen that many students using the Kindle"
"Students don't engage in recreational reading"

"Our dean got one because our parent university gave one to
all the deans to introduce the concept [of the Kindle]"

"I use [the Kindle] strictly for personal fun"

"We don't use [the Kindle] in class"

"I like holding the novel in my hands"

"[The Kindle] would be great for a lawyer on a cross-country
trip...load law review articles, cases, memos, etc."

And the responder with 5 faculty with Kindles said:

"We bought 5 Kindles and 5 Sony Readers for the library and
loaded them with a variety of books. The Kindles are pretty
popular, mostly with faculty, but increasingly with students.
The Sonys not so much...We ordered another 5 Kindles..."

P.S. I spoke to some faculty about the Kindle and their
comments include:

footnotes hard to get to

problems with graphics, formulas, equations

"inconsistent pagination"

major legal publishers need to make their books available on
the Kindle

the "mediated book" - reading books via the screen is the future

potential for advertising in Kindle ebooks

And finally, from the Twitter stream - faculty self-publishing
ecasebooks via the Kindle.
_________________________________

I've been thinking. . . . .

I have a Kindle and love it but I don't use the Kindle for anything remotely related to academia.

I have a Facebook page and love it. A lot of law students, law faculty, and law librarians are my facebook friends but our library's facebook page didn't really create any excitement so it does not get the level of attention I give my personal page.

I love these tools but I don't feel the need to apply them to my work. This might be a failing on my part, it might demonstrate which age cohort I belong to, it might demonstrate a healthy work-life separation, or maybe a little bit of all of the above.

...and Lyonette's response to this comment:

That's fine. It's okay to have fun with technology - use it
just for fun. I'm guessing the few faculty in law schools
that own Kindles probably use them mainly for recreational and
not educational purposes.

I'm a bit on a mission to see how emerging technologies can be
used in library and law school settings, so I always have that
lens.

I somehow have never tried to connect my TV, video, DVD, and
Wii to work-related purposes though...:-) Oh, except for
suggesting movies that I've seen or want to see for our law
library's DVD collection...:-)

Some technologies never take off. We'll see about the Kindle
or e-book readers generally in terms of law library and law
school applications.

I use my Facebook page for work- and play-related purposes. I
got on Facebook to see if there are law library applications,
and then found the fun apps...:-)
_________________________________

My own comment from the courts:

I have not yet noticed judges using Kindles but we have at least one court officer who is an avid Kindle "reader".

Posted On: June 23, 2009

Book Review: Licensing Digital Content: A Practical Guide for Librarians

Title: Licensing Digital Content: A Practical Guide for Librarians

Author: Lesley Ellen Harris

Publisher: American Library Association

Edition: Second

Publication Date: 2009

ISBN: 978-0-8389-0992-8

Pages: 161

Price: $57.00

The author’s stated goal in writing this brief volume is to provide a primer and guide regarding digital licensing issues for librarians and other consumers of digital content. Ms. Harris is also the author of the first edition of this volume. She is a graduate of York University’s Osgoode Hall Law School in Canada. She is an attorney with a background in intellectual property and served as a researcher at the Canadian Copyright Institute. Additionally, Ms. Harris has been a consultant for approximately twenty years in which time she has taught a variety of courses through her company and associations. Moreover, the author maintains the blog Copyright Questions & Answers (www.copyrightanswers.blogspot.com/).

The bulk of this brief book deals with the mechanics of licensing agreements. A license agreement is a written contract between a user and a content owner. It delineates the terms and conditions of use. The author provides summaries of key and boilerplate clauses in licensing agreements with analysis and tips to improve effective drafting of agreements. This material provides very useful material to assist in drafting digital licensing agreements for both the novice and the intermediate professional. Additional material deals with an approach to the negotiation process to facilitate the creation of the licensing agreement.

While this book is published by the American Library Association, the scope of its content is not intended purely for an American audience. Since digital content and Internet access have world wide breadth, the book is intended to be useful to a broader audience of readers. These include librarians working in variously sized and diverse organizations as well as individuals employed in companies that supply digital content. The book is well worth reading for those interested in an introduction to digital licensing drafting and issues involved with this process. It is a worthy addition to the collections of general and specialized libraries.

Reviewed by Theodore Pollack, Senior Law Librarian, New York County Public Access Law Library

Posted On: June 22, 2009

CLLB Information Security Newsletter

Volume 2 Number 6 June 2009.

From the Desk of David Badertscher

All This Functionality in One Device!

Mobile communication devices (includes Blackberrys, iPhones, smart phones in general) have become indispensable tools for today's highly mobile society. Small and relatively inexpensive, these multifunction devices can be used not only for voice calls but also text messages, email, Internet access along with stand alone applications similar to those performed on a desktop computer. A significant amount of personal, private and/or sensitive information may accumulate or be accessed via these devices. Additionally, some of these devices may allow you to access your home computer or your corporate network.

What Risks Do They Present?

While the devices offer many benefits and conveniences, they also pose risks to you and/or your organization’s security. As these devices continue to take on the characteristics of personal computers, they also inherit the same potential risks. Some of the primary risks include the following:

The portability of the device leads to a higher likelihood of loss of the device. Millions of mobile communication devices are lost each year.

When Bluetooth and/or wireless (not cellular) communications are enabled, these devices are subject to the risk of eavesdropping and “highjacking”.

“Malware” available, that if installed on your device, can allow a perpetrator remote access to your device to listen and record all of your calls, send text messages to the perpetrator whenever you make or receive a call, read all of your messages, make calls on your behalf from your phone, access all of the information on your phone, trace your location and enable the speaker functionally on the phone to listen in on conversations even when the phone is not in use.

Sites purporting to offer “free games or ring tones” are major vectors for distributing malware.
While the reports of worms and viruses impacting these devices are relatively low, this is expected to increase in the future.

Despite the risks outlined above, many users do not understand how vulnerable their mobile device is or how to deploy important security settings and controls.

What Can I Do to Secure My Mobile Communication Device?

The following outlines steps you can take to protect your mobile communication device. Some of the steps are dependant upon the functionality of your device.


Use a password to access your device. If the device is used for work purposes, you should follow the password policy issued by your organization.

If the Bluetooth functionality is not used, check to be sure this setting is disabled. Some devices have Bluetooth-enabled by default. If the Bluetooth functionality is used, be sure to change the default password for connecting to a Bluetooth enabled device.

Do not open attachments from untrusted sources. Similar to the risk when using your desktop, you risk being exposed to malware when opening unexpected attachments.

Do not follow links to untrusted sources, especially from unsolicited email or text messages. Again, as with your desktop, you risk being infected with malware.

If your device is lost, report it immediately to your carrier or organization. Some devices allow the data to be erased remotely.

Review the security setting on your device to ensure appropriate protection. Be sure to encrypt data transmissions whenever possible.


Enable storage encryption. This will help protect the data stored on your device in the event it is lost or stolen, assuming you have it password protected!

Beware of downloading any software to your device. If the device is used for work, follow your organization’s policy on downloading software.

Before disposing of the device be sure to wipe all data from it and/or or follow your organization’s policy for disposing of computer equipment.


For more information on securing mobile communication devices, please visit:

National Cyber Alert System - Cyber Security Tip ST06-007, Defending Cell Phones and PDAs Against Attack
http://www.us-cert.gov/cas/tips/ST06-007.html

NIST Special Publication 800-124, Guidelines on Cell Phone and PDA Security
http://csrc.nist.gov/publications/nistpubs/800-124/SP800-124.pdf

FTC Consumer Alert – The 411 on Disposing of Your Old Cell Phone http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt044.shtm

WTHR News story on “Tapping Your Cell Phone” http://www.wthr.com/Global/story.asp?s=9346833 McAfee – The Web’s Most Dangerous Search Terms
http://us.mcafee.com/en-us/local/docs/most_dangerous_searchterm_us.pdf


*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/

OTHER NEWS:

DON'T FALL FOR JURY DUTY SCAM.
The phone rings, you pick it up, and the caller identifies himself as an officer of the court. He says you failed to report for jury duty and that a warrant is out for your arrest.

You say you never received a notice. To clear it up, the caller says he'll need some information for "verification purposes"- your birth date, social security number, maybe even a credit card number.

This is when you should hang up the phone. It's a scam!

Jury scams have been around for years, but have seen a resurgence in recent months.

Communities in more than a dozen states have issued public warnings about cold calls from people claiming to be court officials seeking personal information. As a rule, court officers never ask for confidential information over the phone; they generally correspond with prospective jurors via mail.

The scam's bold simplicity may be what makes it so effective. Facing the unexpected threat of arrest, victims are caught off guard and may be quick to part with some information to defuse the situation.

In recent months, communities in Florida, New York, Minnesota, Illinois, Colorado, Oregon, California, Virginia, Oklahoma, Arizona and New Hampshire reported scams or posted warnings or press releases on their local websites.

The jury scam is a simple variation of the identity-theft ploys that have proliferated in recent years as personal information and good credit have become thieves' preferred prey, particularly on the Internet.

Scammers might tap your information to make a purchase on your credit card, but could just as easily sell your information to the highest bidder on the Internet's black market.

Protecting yourself is the key: Never give out personal information when you receive an unsolicited phone call.


Posted On: June 22, 2009

A Literary Legend Fights for a Local Library

By JENNIFER STEINHAUER
Published: New York Times June 20, 2009
The new passion of the science fiction writer Ray Bradbury is raising money for California’s libraries. See article at:
http://www.nytimes.com/2009/06/20/us/20ventura.html

Posted On: June 22, 2009

SLA Legal Division Program: 60 Sites in 60 Minutes

This year's "60 Sites in 60 Minutes" program was standing room only! We had over 300 people attend. If you missed the session, or were there but want to see the presenters' notes, you can go to the Power Point presentation with all the details. http://drop.io/60sites

Thanks again to Gayle Lynn-Nelson and John DiGilio for putting this program together.

E-Mail from Martha L. Foote, M.L.I.S. Chair, SLA Legal Division.

Posted On: June 22, 2009

Wyoming Legislature Passes Information Transparency in Government Act

In its 2009 session, the Wyoming Legislature passed the Transparency in Government Act making information as to how state funds are spent readily accessible to the public. The Act requires the creation of a public finance website by January 1, 2010. The website will provide free access to financial reports, financial audits, budgets or other financial documents that are used to allocate, appropriate, spend and account for government funds. The Act also directs that an archive of all information posted will be maintained.

From e-mail by Kathy Carlson, Wyoming State Law Librarian.

Posted On: June 22, 2009

ABA Criminal Justice Section 2009 Annual Meeting Highlights

Below are Highlights of the ABA Criminal Justice Section 2009 Annual Meeting program schedule for Chicago, July 30 – August 2. Presentations include a wide range of programs of interest to children’s attorneys to white collar practitioners.

Highlights include:

Presidential Showcase Programs

Hot Topics and Recent Developments in Public Corruption Investigations & Government Ethics

Investigations in a Time of Financial Meltdown: What is the New Normal?

Complimentary programs

Beyond Best Interest: Roles and Responsibilities of the Children’s

Life Sentences: Inside and Outside the Justice System

Awards Reception honoring Susan Gaertner, Norm Maleng Minister of Justice Award recipient; Janet Levine, Charles English Award recipient; and Winston Peters, Livingston Hall Juvenile Justice Award recipient


Criminal Justice Section is headquartered at the Swissotel, and most of its function will be held there, unless otherwise noted.


Criminal Justice Hotel: Swissotel
323 E. Wacker Drive, Chicago, IL


Presidential CLE Center: Hyatt Regency
151 E. Wacker Drive, Chicago, IL


John Marshall Law School
315 S. Plymouth Court, Chicago, IL

Comprehensive Sponsor:

Posted On: June 22, 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.

June 15-19, 2009.

U.S. Supreme Court, June 15, 2009
Polar Tankers, Inc. v. Valdez, No. 08–310
In a Tonnage Clause challenge to an Alaska ordinance imposing a personal property tax on large oil tankers, judgment for Defendant is reversed, where the ordinance was unconstitutional because it was designed to impose "a charge for the privilege of entering, trading in, or lying in a port.”"

U.S. 1st Circuit Court of Appeals, June 18, 2009
LaSalle-Concepcion v. Toledo-Davila, No. 08-2048
In a 42 U.S.C. section 1983 action claiming wrongful discharge based on Plaintiff police officers' injuries suffered on duty, the dismissal of the complaint is affirmed, where Plaintiffs had no constitutionally protected property interest in reinstatement to their positions. .

U.S. Fed. Circuit Court of Appeals, June 16, 2009
Schooner Harbor Ventures, Inc. v. US, No. 2008-5084
In a Takings Clause action claiming that the U.S. deprived Plaintiff of the beneficial use of its property, summary judgment for Defendant is reversed where Plaintiff identified a cognizable property interest, namely fee title to land that could not be developed without regulatory compliance.

Supreme Court of California, June 18, 2009
San Leandro Teachers Ass'n. v. Governing Bd., No. S156961
In a First Amendment challenge to a public school district policy prohibiting political communication via school mailboxes, the denial of the writ of mandate sought by Plaintiff is affirmed where the mailboxes were a nonpublic forum, and the regulation was content-neutral.

Posted On: June 22, 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.

June 15-19, 2009.

U.S. Supreme Court, June 15, 2009
Nijhawan v. Holder, No. 08–495
Petitioner's removal from the U.S. based on his commission of an "aggravated felony" is affirmed, where the $10,000 threshold in 8 U.S.C. section 1101(a)(43)(M)(i) refers to the particular circumstances in which an offender committed a fraud or deceit crime on a particular occasion, rather than to an element of the fraud or deceit crime.

U.S. Supreme Court, June 18, 2009
District Atty.'s Offc. v. Osborne, No. 08–6
In a 42 U.S.C. section 1983 action seeking the evidence used to convict Defendant of sexual assault for the purposes of DNA testing, summary judgment for Plaintiff is reversed where, assuming Plaintiff's claims could be pursued using Section 1983, he had no constitutional right to obtain post-conviction access to the State's evidence for DNA testing.

U.S. Supreme Court, June 18, 2009
Yeager v. US, No. 08–67
In an appeal from the District Court's order denying Defendant's motion to dismiss his wire fraud indictment on Double Jeopardy grounds, the order is reversed where an apparent inconsistency between a jury's verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals' preclusive force under the Double Jeopardy Clause.

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

Posted On: June 22, 2009

ABA Journal Weekly Newsletter

10 Top Stories June 19, 2009.

Layoffs
BigLaw Voice Mail to Young Attorneys: 'It's Not Good News, But Give Us a Call'
Jun 15, 2009, 01:58 pm CDT

Real Estate & Property Law
Chicago Title Suit Warns Lawyers About Relying on Title Reports
Jun 16, 2009, 12:07 pm CDT

Careers
Ex-Associate, Now a Journalist, Tells of Cravath 'Sweat Shop'
Jun 15, 2009, 01:21 pm CDT

Careers
Dad Becomes Associate in His Daughter's Law Firm
Jun 17, 2009, 07:14 am CDT

Associates
Largest Firms Are Deferring Deferrals, For Now
Jun 18, 2009, 06:00 am CDT

Lawyer Fees
Saul Ewing Puts Fixed-Fee Options in Writing--On the Web
Jun 18, 2009, 05:34 am CDT

Law Firms
High-End Divorce Lawyer Says Her Firm Is Jammed with Clients
Jun 16, 2009, 07:48 am CDT

Constitutional Law
Will Second Amendment Be Incorporated Through Citizenship Clause?
Jun 17, 2009, 06:49 am CDT

Judiciary
Judge Orders Spectator Jailed for Shouting 'Love You'
Jun 16, 2009, 10:51 am CDT

Religious Law
Courtroom Judge Has Power to Ban Muslim Veil, Top Michigan Court Decides
Jun 17, 2009, 02:04 pm CDT

Posted On: June 18, 2009

Lawyers In Your Living Room! On Television

Michael Asimow, Editor

A new publication from the American Bar Association

"Playing a hard-driven, unscrupulous defense attorney-turned-prosecutor in Shark was a real eye-opener for me as an actor and, more importantly, as a citizen."

-- James Woods
From the Foreword, Lawyers in Your Living Room

From Perry Mason and The Defenders in the 1960s to L.A. Law in the 80s, The Practice and Ally McBeal in the 90s, to Boston Legal, Shark and Law & Order today, the television industry has generated an endless stream of dramatic series involving law and lawyers. The way lawyers are perceived has depended on how they are portrayed on television series and in the media. A new guide, Lawyers in Your Living Room! Law on Television examines television series from the past and present, domestic and foreign, that are devoted to the law.

Written in an entertaining and relatable style, you'll enjoy the forewords by Sam Waterston (Law & Order) and James Woods (Shark), who share their experiences playing "real-life" lawyers and how their roles have shaped the way lawyers are perceived by the general public. Lawyers in Your Living Room! begins with an introduction and history of law on television. It then discusses the process of writing for television -- from courtroom to writer's room and how lawyers have played an important role in furnishing technical advice for TV. The book also discusses the media effects from television shows and legal ethics on TV.

Included are chapters on daytime television judge shows, including Judge Judy, and non-legal shows with important lawyer characters like The Simpsons, Seinfeld, or West Wing. The most popular television series, past and present, are also discussed, as well as popular shows abroad. All fans of legal television -- a group that includes almost everybody -- will enjoy this discussion of how TV shapes the views of lawyers and the law.

Product Details:
Price: $24.95

© June 2009
6 x 9 - Paperback
432 pages, paperback
ABA Product Code:
5010062


Posted On: June 18, 2009

Cyber Bytes from Quinlan Law Enforcement

Identity theft
"In a case involving identity theft, the court found that a search warrant for computer data was valid even though its actual wording was overbroad, since the officers executing the search acted in good faith that the warrant was valid. The defendant was a United States postal worker who intercepted certain credit card information from individuals on her route. After an investigation, postal inspectors applied for a warrant to search both the defendant's home and computers. The warrant was drafted in such a way that it was overbroad in its reference to the computerized data. However, the court found that because the officers believed the warrant to be valid and limited their search in a reasonable manner, the search was not unconstitutional."
Citation: U.S. v. Otero, 2009 WL 1119657 (10th Cir. 2009)


Hard drive mirror image
"In a case in which a prosecutor has complied with its duty to provide discovery by delivering a transcript of evidence from the hard drive of a police computer, the defendant argued that he had the right to obtain a mirror image of the computer hard drive without making a prima facie showing that the information in the transcript was false, incomplete, adulterated, or spoliated. The court concluded that without making such a showing, the defendant had no right to obtain a copy of the hard drive. The defendant was accused of inappropriate sexual conduct with a minor. The state presented evidence that included transcriptions of chat logs obtained from the defendant's computer. When the defendant requested a mirror image of the hard drive, the state refused. The court concluded that the transcripts were sufficient evidence and that the defendant's mere speculation that the original hard drive would vindicate him was insufficient to compel the state to produce a mirror image."
Citation: State v. Rivas, 2009-Ohio-1354, 2009 WL 875216 (Ohio 2009)


Computer Fraud and Abuse Act
"In a copyright infringement action based on the archiving of student papers on the defendant's website, judgment for the defendant was upheld, where the archiving was transformative because its purpose was to prevent plagiarism by comparative use but judgment for the plaintiff on the defendant's counterclaims were reversed, because damages under the Computer Fraud and Abuse Act can include the costs of repairing a violation of that act."
Citation: A.V. ex rel. Vanderhye v. iParadigms, LLC, 2009 WL 1015145 (4th Cir. 2009)

Posted On: June 18, 2009

ABA: Focus on Criminal Law and Criminal Justice

A recent listing from ABA Publisging of books which focus on Criminal Law and Criminal Justice.


Do No Wrong: Ethics for Prosecutors and Defenders

By Peter A. Joy and Kevin C. McMunigal
Criminal law practice is a minefield of legal ethics issues for both the prosecution and defense. There are a myriad of ethical questions requiring not only an understanding of the relevant ethics rules, but also applicable constitutional and statutory law as well as rules of criminal procedure and evidence. This book puts these and other ethical questions on the "radar screens" of criminal practitioners and to provide both prosecution and defense with the analysis and authorities necessary to understand the issues and underlying policies.

Topics: Criminal Law, Ethics & Professional Responsibility, Ethics Opinions, General Practice


The Criminal Lawyer's Job: A Survival Guide

By Amber L. St. Clair
You don't want to take a criminal case unless you have this book! It is an excellent resource to guide you along the journey of representing an individual who is alleged to have committed a crime. This book was written from the trenches, by a practitioner with over 100 trials under her belt and received "not guilty" verdicts in cases involving murder, rape, sex crimes, drugs and DUI, among others. This guide will give you valuable "how to" advice for taking the initial client meeting to picking a jury and trying the case. It is not intended to be a summary of the law, but rather a cheat sheet. It is a guide that most senior criminal defense attorneys likely wish they had when they tried their first few cases.

Topics: Criminal Law, General Practice


The Privilege of Silence: Fifth Amendment Protections Against Self-Incrimination

By Steven M. Salky
This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator who may encounter it infrequently, as well as the criminal lawyer who seeks to advance his or her client's interests through the use of the Fifth Amendment. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.

Topics: Criminal Law


Crime, Incorporated: Legal and Financial Implications of Corporate Misconduct

By Miriam F. Weismann
Today, whether prosecuting or defending, the approach to understanding organizational crime has become more difficult because of the increased multi-organizational character of corporate crime. Crime, Incorporated: Legal and Financial Implications of Corporate Misconduct, provides a complete re-examination of how traditional legal rules and their application given how corporate crime has changed in the last decade.

Topics: Criminal Law, Evidence, Litigation


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

By John W. Parry J.D.
Criminal Mental Health and Disability Law, Evidence and Testimony examines two interrelated aspects of criminal law - mental health and disability discrimination -- from the points of view of lawyers, judges and other professionals within the criminal justice system. The manual builds on established resources within the ABA, including the Mental & Physical Disability Law Reporter, Mental Disability Law, Evidence and Testimony and Disability Discrimination Law, Evidence and Testimony. It synthesizes the best and most recent information at the ABA on mental health and discrimination law that specifically pertains to criminal justice matters. It also references the ABA's Criminal Justice Mental Health Standards.

Topics: Criminal Law, Disability Law, Litigation

For more information go to:
www.ababooks.org

Posted On: June 15, 2009

Survey: Recent Changes in Bindery Policies and Procedures in Academic Libraries

Courtney Selby, the Collection Development/Instructional Services Librarian at the Mabee Legal information Center, University of Tulsa has summarized the results of her recent survey:

Last week I sent out a 4 question survey about recent changes in bindery policies and procedures in academic libraries. I received 16 replies (thanks so much!) and wanted to summarize them here. There were a few key similarities that I did want to point out. It looks like budgetary considerations are the primary motivators in most respondents’ review of bindery policies. Some folks did note that space considerations factored into their decisions, and those librarians often indicated that they also chose to discard unbound volumes after 2 to 3 years. Most respondents indicated that they had ceased binding journal titles available in HeinOnline, though most also continued to bind journals and bar materials from their home states. All respondents that mentioned CLE’s noted that they will continue to bind them.

· (budget reasons) stopped all binding except for exceptional cases, such as important books or books that are falling apart

· (budget reasons) stopped binding all journals available via HeinOnline except for top 20 schools and home school publications-- ceased binding patent bar publications

· (budget reasons) continue binding only publications from within the state, including academic, government and bar (CLE’s)

· No changes yet, but considering changes for budgetary reasons--will continue binding law journals and gov. docs, but will discontinue binding monograph paperbacks

· (budget reasons) stopped all binding except for state law journals, paperback materials that get heavy use, and other items on an as-needed basis

· (space considerations and the shift of patron use from paper to electronic resources--also some budget reasons) binding only one copy of any periodic material—including main library copies—if main library binds, law doesn’t. discontinued binding monographs and paperback annual volumes. Still consider bindery for any paperback material not purchased for current awareness alone.

· (space considerations) stopped binding all law journals available on HeinOnline. Once volumes are added to HeinOnline, print is discarded. exceptions include home university publications and all other in-state school journals. still bind CLE’s and other heavily used items, plus journals not on Heinonline. current interest items are not bound and anything older than the current volume is discarded.

· (efficiency considerations) journals on HeinOnline are not bound. Paper copies of journals are kept until they appear in HeinOnline, then they are discarded. Binding of other materials is done on a case-by case basis based on use and value of materials. Items in transfer binders are bound if library still has current subscription to the title.

· (budget reasons) stopped binding almost all academic journals. Unbound issues are kept for 2 years and then discarded. Older issues (those already bound) are currently being discarded as well. Major journals in areas where there is intensive curriculum focus are still bound. No newsletters or other current events sources are bound.

· (budget reasons) Binding only in-state publications, both academic and bar (CLE’s). The only government publication currently bound is the Federal Register. Heavy-use items or worn items are bound on an as-needed basis.

· No real changes made, still binding periodicals, newsletters, state materials, damaged items, etc.

· (budget reasons) Many cancellations contributed to reduced binding costs, the rest of the bindery decisions are based on frequency of use of material. Binding of newsletters has ceased.

· (space considerations) stopped binding all journals available on HeinOnline except primary law reviews for top 50 law schools. Print issues are kept until they appear in HeinOnline, then they are discarded. Gov. documents bound include Federal Register, Congressional Record and Serial Set.

· (budget reasons) Still bind home university law journals and anything difficult to shelve or preserve without binding. Other items (high priority, damaged) are bound on a case by case basis. Also changed status of unbound law reviews so that individual issues can now circulate like monographs.

· No changes yet, but considering stopping bindery of law journals in the near future. The only items currently sent to bindery are law journals—no government documents or other items are bound.

· (no stated reason) stopped binding U.S. law journals available via HeinOnline. Unbound issues will be kept for 3 years.

Posted On: June 15, 2009

New Publication: CEC Senteniel

Volume 1 Number 1 Spring 2009.

A publication of the Center for Elders and the Courts, National Center for State Courts.

"On behalf of the National Center for State Courts, welcome to the first edition of the CEC Sentinel. We live in challenging times. Simple demographic facts will soon impact every corner of America: There will be more older Americans than at any other time in history, living longer lives..."

Posted On: June 15, 2009

Columbia Science and Technology Law Review Goes Open Access

The following is an announcement from Luis Villa, the outgoing Editor-in-Chief of the Columbia Science and Technology Law Review (STLR). Beginning with Volume X STLR will become a "formal open access journal and comply with the recent Durham Statement on open access" and will become the first Columbia journal to publish through the Columbia University Library's archival quality Academic Commons publication system:

ANNOUNCEMENT AND LETTER:

Most of you know me from past ventures; for those who don't, my
apologies for reaching out to you in this manner, but it is a one-time
event that I hope you'll find it worth your attention.

My name is Luis Villa, and I'm the outgoing Editor-in-Chief of the
Columbia Science and Technology Law Review (STLR). I'm writing to you
because of your past interests in open access scholarship and the law.
I am excited to announce that beginning with this volume, STLR will
become a formal open access journal and comply with the recent Durham
Statement on open access. As part of that process, our articles will
be published under a Creative Commons NC-ND license, and we'll become
the first Columbia journal to publish through the Columbia Library's
archival-quality Academic Commons publication system.

While small, our journal has always had consistently high quality
(third in citations per article amongst science and technology law
journals, according to the Washington and Lee ratings). We hope that
this move will further improve the visibility, availability, and
permanence of our scholarship, for the benefit of both the journal and
of our authors. We also hope it will allow us to be a trend-setter for
other Columbia journals, as we all inevitably move into the brave new
economics of publicly available scholarship. I was excited to hear
today that one other Columbia journal has already approached the
library about following in our footsteps, and as you're all aware this
is part of a larger trend across all law schools (exemplified by the
Durham Statement.)

While we realize that in the grand scheme of things this is not huge
news, we think that as part of the larger, recent trend towards open
access this is to some extent newsworthy. If you'd like to write about
this in your own blogs or other work, you can read our formal
announcement and link to it at
http://www.stlr.org/volumes/volume-x-2008-2009/letter-from-the-eic/

Besides the Open Access announcement, we also think we have some high
quality scholarship in this volume, particularly interesting pieces on
the mailbox rule in an internet age and a game-based simulation of the
economics of patents. The volume itself is available at
http://stlr.org/volumes/volume-x-2008-2009/ or directly from the
Columbia Library at the (slightly more cumbersome ;)
http://academiccommons.columbia.edu:8080/ac/handle/10022/AC:P:29796

Finally, if you're interested in publishing with us in the future, you
can reach out to the EIC directly at stlr@stlr.org, or through BePress
ExpressO.

Thanks for your time and attention; please feel free to reach out to
me if you have any questions or thoughts.

Luis

Full text of letter from EIC follows:


Hello, and welcome to Volume X of the Columbia Science and Technology
Law Review.

Starting with this volume, we've made two significant changes to how
we publish, and I wanted to write this note to explain those changes
and why we did them.

First, we've decided to meet the standards set out by the Open Access
Law Program and formally seek to become an Open Access Law Journal. To
that end, we've refined our author agreement (already very liberal) to
explicitly ensure that authors retain their copyrights, and we are
making our agreement public on our website. At the same time, we are
also embracing open publication, formally putting our articles under a
Creative Commons Non-Commercial No-Derivatives license, and allowing
our authors to distribute themselves under even more liberal licenses
if they so choose.

Second, in order to meet the standards set forward by the Durham
Statement on Open Access to Legal Scholarship, we're moving our
backend from our own server to professionally maintained,
archival-quality services run by the Columbia Library. We were already
publishing in the relatively open PDF format. As a result of these two
choices, we can now be fully confident that our digital scholarship
has the same permanence and long-term shelf life as a paper journal-
a big step forward for digital scholarship in general.

For readers of our journal, these two small changes should not have
much impact. Expect the same high quality content, delivered more
reliably, and with clearer terms explaining your ability to use and
share our scholarship with others. In addition, as a result of our
partnership with the Columbia Libraries, in coming volumes you'll see
new functionality on our website, like subscriptions via email.

For authors, both current and future, we expect that these changes
will improve our already high citation rankings. It will also clarify
your rights and make sure that your writing benefits you, first and
foremost. Authors interested in these benefits, should, of course,
feel free to contact us about publication!

It has been a pleasure and an honor to serve with a terrific, patient
staff this year; we hope you enjoy and learn from the results, as we
have.

Sincerely,

Luis Villa

Editor-in-Chief, STLR Volume X


Posted On: June 15, 2009

ABA 2009 Silver Gavel Awards Presentation

An American Bar Association Free Public Program.

The ABA Division for Public Education has asked that the following invitation and registration link be posted:

2009 ABA Silver Gavel Awards Presentation

Presenter
H. Thomas Wells Jr.
ABA President

Featured Speaker
Jeffrey Toobin
Staff writer for The New Yorker magazine
Senior analyst for CNN Worldwide

Event Details:
Wednesday, July 1
5:00 - 6:30 P.M.
National Press Club, Ballroom, 13th Floor
529 14th Street, NW
Washington, DC
(Business attire recommended)

Register at http://www.abanet.org/publiced/gavel/presentation09.shtml. Refreshments will be served.

2009 Honorees Scheduled to Attend Include:

Silver Gavels
- Author Steven Wax and Editor Corinna Barsan, Kafka Comes to America: Fighting for Justice in the War on Terror, A Public Defender's Inside Account, Other Press (Books)

- Columnist Regina Brett, "Open Discovery Columns," The Plain Dealer, Cleveland (Commentary)

- Producer/Director Susanne Mason, Writ Writer, (Documentaries)

- Writer/Producer/Actor Sig Libowitz, Director Adam Rodgers, Cinematographer Richard Chisolm, Editor Steve Bell, Executive Producers Karen Rothenberg and Geoff Garinther, The Response,

Look at the Moon Productions, University of Maryland School of Law, and Venable LLP, (Drama and Literature)

- Staff Writer Karen de Sa and Investigations Editor Fredric Tulsky, "Broken Families, Broken Courts," San Jose Mercury News (Newspapers)

Honorable Mentions
- Author James Whitman, The Origins of Reasonable Doubt: Theological Roots of the Criminal Trial, Yale University Press (Books)

- Co-Producer Olivia Bueno, American Purgatory: Political Asylum in the Age of Terrorism (Radio)

For complete information on the winning entries, go to
http://www.abanet.org/publiced/gavel/win09.shtml.

Silver Gavel Awards

The American Bar Association has presented Silver Gavel Awards since 1958 to recognize products in media and the arts published or presented during the preceding year that are exemplary in fostering the American public's understanding of law and the legal system. Eligible categories include books, newspapers, magazines, commentary, documentaries, drama and literature, radio, television programs, and websites. The Silver Gavel Award is the ABA's highest honor in recognition of this purpose and no more than one Silver Gavel is presented in each category. In addition, Honorable Mention citations may also be presented.

We gratefully acknowledge the generous support of Vinson & Elkins for the Silver Gavel Awards program.

Posted On: June 11, 2009

Uncertainty in Law Circles Over New U.S. Supreme Court Ruling for Judges

Uncertainty in Law Circles Over New Court Ruling for Judges
By JOHN SCHWARTZ
Published: June 10, 2009 by the New York Times

"Lawyers across the country said that a Supreme Court ruling on conflicts of interest among elected judges could prompt a deluge of requests for judges to recuse themselves from cases.,,,"

In the U.S. Supreme Court case, Caperton v. A. T. Massey Coal Company, (No. 08-22) decided on June 8, 2009a coal executive had spent $3 million to help elect a justice of the West Virginia Supreme Court. The justice then voted twice to throw out a $50 million judgment against the executives company.

See decision at: http://supct.law.cornell.edu/supct/html/08-22.ZS.html

Posted On: June 11, 2009

Findlaw Case Summaries: New York Court of Appeals


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June 11, 2009.

COMMERCIAL LAW, CONSUMER PROTECTION LAW, GOVERNMENT LAW, HEALTH LAW
New York v. Smokes-Spirits.com, Inc., No. 92
The Court of Appeals answered the following certified questions from the United States Court of Appeals for the Second Circuit in the negative: 1) Does New York City have standing to assert its claims under General Business Law section 349?; and 2) may the City assert a common law public nuisance claim that is predicated on N.Y. Public Health Law section 1399-ll? Read more...

CONSTITUTIONAL LAW, FAMILY LAW, GOVERNMENT LAW, JUVENILE LAW
Anonymous v. Rochester, No. 81
In an action claiming that the juvenile nighttime curfew adopted by the City of Rochester is unconstitutional, the dismissal of the complaint is reversed, where the curfew violated the substantive due process rights of minors to enjoy freedom of movement and of parents to control the upbringing of their children.

CONSTRUCTION, INJURY AND TORT LAW
Cunha v. New York, No. 91
In a personal injury action based on injuries sustained by Plaintiff while working at a roadway excavation, judgment for Plaintiff is reversed where, because New York City was only vicariously liable for violating the provisions of the Labor Law at issue, it was entitled to full common-law indemnification from its codefendant, the party actually responsible for the incident.

CRIMINAL LAW & PROCEDURE
People v. Decker, No. 102
Defendant's murder conviction is affirmed where: 1) although there had been a 15-year delay in re-indicting Defendant after the charges were initially dropped, the delay was justified by the witnesses' fear of testifying against Defendant; and 2) Defendant was not prejudiced by the delay.

CRIMINAL LAW & PROCEDURE, SENTENCING
People v. Mingo, No. 94
Defendant's rape sentence is vacated where, with the proper foundation, internal documents generated by the District Attorney's office may support a risk level adjudication, but the trial court failed to require such a foundation, and thus the sentencing enhancement applied by the trial court was in error. ..

INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE
Petrone v. Fernandez, No. 100
In an action claiming that a dog at Defendant apartment complex owner's property injured Plaintiff, summary judgment for Defendant is affirmed, where Defendant did not own the dog and had no reason to know of the dog's vicious propensities.


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

Posted On: June 11, 2009

New York City Bar Report on the Bronx Supreme and Criminal Courts

The Association of the Bar of the City of New York (New York City Bar) has just published its Report on the Merger of the Bronx Supreme and Criminal Courts. Commenting on the Report in his June 11, 2009 New York Law Journal article, "City Bar Report Cites 'Serious Problems' With Bronx Merger", Daniel Wise writes: "The merger of Criminal and Supreme courts in the Bronx has created 'serious problems' if additional judicial resources are not made available, a report by the New York City Bar Concluded." In the Report it is recommended that "strong and immediate attempts" need to be taken to handle a growing backlog of felony cases.

The New York City Bar report was prepared by the Committee on Criminal Courts and the Committee on Criminal Justice Operations, both committees of the Association of the Bar of the City of New York and released on June 10, 2009. Below is an excerpt from the Opening Statement and a link to the complete report:

Opening Statement Excerpt:
In early 2004, Chief Judge Judith S. Kaye announced that the Supreme and Criminal Courts in Bronx County would be merged to create a new Criminal Division to handle all misdemeanor and felony cases.1 This judicial experiment was implemented in November, 2004. Prior to this, in New York Citys criminal justice system all post-indictment felony cases were prosecuted exclusively in the Supreme Court, and all misdemeanor cases were prosecuted exclusively in the Criminal Court of the City of New York. The stated purpose of Merger was: to promote the administration of justice in the criminal courts in Bronx County by authorizing deployment of the judges of those courts in a manner that assures that all present and future caseload demands in such county will be met as expeditiously as possible.

It was generally acknowledged prior to Merger that because of the overwhelming crush of misdemeanor cases filed annually, the Criminal Court of the City of New York was staggering under an insurmountable misdemeanor trial calendar. For example, in 2003, the last full year before Merger, out of more than 40,000 misdemeanor complaints filed in Bronx County Criminal Court, only 191 misdemeanor cases were tried. While the problem was not unique to Bronx County, the Bronx was chosen to serve as the judicial Petri dish for the purpose of determining whether Merger, if successful, should be extended to the other counties of New York City as well.

Merger has now been in effect for almost five years and it appears that while the program has reduced the backlog in misdemeanor trials it has had the unintended consequence of creating a far greater backlog in felony trials. This report will evaluate the stated goals of the Merger against an analysis of its actual results. It will address a statistical analysis of caseloads prior to and after Merger, the practical effects of implementing Merger, its future prospects, and a conclusion as to its effectiveness and potential expansion to other jurisdictions. This report is based upon statistics from the Office of Court Administration, and extensive interviews of members of the judiciary, prosecutors and criminal defense attorneys.

New York City Bar Report on the Merger of the Bronx Supreme and Criminal Courts

Posted On: June 9, 2009

ABA Criminal Justice: U.S. Supreme Court Update

Boyle v. United States  

No. 07–1309. Decided June 8, 2009. Opinion author: Alito, J.

The evidence at petitioner Boyle’s trial for violating the Racketeer Influenced and Corrupt Organizations Act (RICO) provision forbidding “any person … associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity,” 18 U. S. C. §1962(c), was sufficient to prove that Boyle and others committed a series of bank thefts in several States; that the participants included a core group, along with others recruited from time to time; and that the core group was loosely and informally organized, lacking a leader, hierarchy, or any long-term master plan.

Relying largely on United States v. Turkette, 452 U. S. 576 , the District Court instructed the jury that to establish a RICO association-in-fact “enterprise,” the Government must prove (1) an ongoing organization with a framework, formal or informal, for carrying out its objectives, and (2) that association members functioned as a continuing unit to achieve a common purpose. Boyle was convicted, and the Second Circuit affirmed.

The Supreme Court held that an association-in-fact enterprise under RICO must have a “structure,” but the pertinent jury instruction need not be framed in the precise language Boyle proposes, i.e., as having “an ascertainable structure beyond that inherent in the pattern of racketeering activity in which it engages.” Turkette explained that “enterprise” reaches “a group of persons associated together for a common purpose of engaging in a course of conduct,” 452 U. S., at 583, and “is proved by evidence of an ongoing organization, formal or informal, and by evidence that the various associates function as a continuing unit.”

The Court reasoned that an enterprise must have a “structure” that, under RICO’s terms, has at least three features: a purpose, relationships among the associates, and longevity sufficient to permit the associates to pursue the enterprise’s purpose. Because a jury must find the existence of elements of a crime beyond a reasonable doubt, requiring a jury to find the existence of a structure that is ascertainable would be redundant and potentially misleading.

The instructions below were correct and adequate. By explicitly telling jurors they could not convict on the RICO charges unless they found that the Government had proved the existence of an enterprise, the instructions made it clear that this was a separate element from the pattern of racketeering activity. The instructions properly conveyed Turkette’s point that proof of a pattern of racketeering activity may be sufficient in a particular case to permit an inference of the enterprise’s existence. 283 Fed. Appx. 825, affirmed.

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

The full opinion is available at http://www.law.cornell.edu/supct/html/07-1309.ZS.html

American Bar Association Criminal Justice Section
740 15th Street, NW, Washington, DC, 20005
Phone: (202) 662-1500, Fax: (202) 662-1501
Email: crimjustice@abanet.org Web: www.abanet.org/crimjust

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Posted On: June 9, 2009

Incorporating Competitive Intelligence Into Your Information Services

Special Libraries Association (SLA) Legal Division :

Incorporating CI into Your Services: Real Life Examples from Legal Info Pros
Wednesday, 17 June 2009 8:30AM - 10:00AM
Location: Walter E Washington Convention Center, 143C Washington DC.

Competitive intelligence is a hot topic in legal information services. Thinking about adding CI services into your overall information services portfolio? Come hear from info pros who have “walked the walk.” The presenters will discuss how they decided to move into CI, how they sold it to their executives, and the successes and pitfalls they experienced.

Panelist(s):
Tim McAllister, Research Specialist, Kirkland & Ellis LLP
Greg Lambert, Library & Records Manager, King & Spalding
J.O. Wallace, Global Research Librarian, Latham & Watkins, LLP

Posted On: June 9, 2009

Findlaw Case Summary: Gollomp v. Spitzer 07-0847

Second Circuit U.S. Court of Appeals

CONSTITUTIONAL LAW, GOVERNMENT LAW, SANCTIONS
Gollomp v. Spitzer, No. 07-0847
District court judgment dismissing plaintiff's second amended complaint against various state entities and imposing sanctions on his attorneys is affirmed where: 1) the New York State Unified Court System is an arm of the state, and thus the lawsuit against it is barred as it is entitled to Eleventh Amendment sovereign immunity; and 2) the court did not abuse its discretion in imposing sanctions as plaintiff's counsel acted in bad faith, plaintiff's claims were frivolous and there was nothing improper in recovering reasonable attorney's fees from plaintiff’s counsel as a form of sanctions

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Posted On: June 9, 2009

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

Update from the Lexis Alert Service,

June 8, 2009:.

1. People v. Stepteau, 712, 5394/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4351; 2009 N.Y. App. Div. LEXIS 4138, June 4, 2009, Decided, June 4, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

2. People v. Manuel, 709, 1319/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4293; 2009 N.Y. App. Div. LEXIS 4104, June 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 ...
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, ...

3. People v. Carter, 693, 4510/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4284; 2009 N.Y. App. Div. LEXIS 4114, June 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 ...
Judgment, Supreme Court, New York County (Arlene R. Silverman, ...

4. People v. Santos, 688, 6472/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4279; 2009 N.Y. App. Div. LEXIS 4122, June 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 ...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

5. People v. Coleman, 691, 4029/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4282; 2009 N.Y. App. Div. LEXIS 4106, June 2, 2009, Decided, June 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 (John Cataldo, J. ...

6. People v. Odom, 585, 3211/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4272; 2009 N.Y. App. Div. LEXIS 4107, June 2, 2009, Decided, June 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 (Gregory Carro, J.), ...

7. People v. Bumbray, 686, 4051/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4277; 2009 N.Y. App. Div. LEXIS 4123, June 2, 2009, Decided, June 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 (Daniel P. FitzGerald, ...

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

Posted On: June 5, 2009

Information Regarding Hon. Sonia Sotomayor Has Been Updated

The background information regarding U.S. Supreme Court nominee Sonia Sotomayor at our earlier posting has been updated to include her completed questionnaire which was delivered to the Committee of the Judiciary of the U.S. Senate on Thursday June 4, 2009. For those who have not seen it, that posting which is at:

http://www.criminallawlibraryblog.com/2009/05/judge_sonia_sotomayor_backgrou.html

Posted On: June 5, 2009

Library of Congress Officials Accused by Senator of Interference

According to Ed O'Keefe in a June 5, 2009 Washington Post article, "Library Officials Accused of Interference", Senator Charles E. Grassley has written a sharply worded letter to the Librarian of Congress , James H. Billington, stating "...Your office attempts to influence and/or control [the Office of Inspector General] appear to be in direct contravention of the principles underlying the creation of the Inspector General". The article explains that the question is whether top officials at the Library of Congress interfered with investigations conducted by its "independent watchdogs" such as the Office of the Inspector General and whether they have admonished investigators for the tone and focus of their investigations.

For additional information on this topic see our April 30, 2009 posting on this blog which provides additional information and a link to the Marhc 2009 report of the Office of the Inspector General regarding information technology planning at the Library of Congress: Information Technology Strategic Planning: A Well Developed Framework is Essential to Support the Library's Current and Future Infortation Technology (IT) Needs , Report Number 2008-PA-105 March 2008.

Posted On: June 5, 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.

June 4, 2009.

BANKING LAW, SECURITIES LAW
Koehler v. Bank of Bermuda Ltd., No. 82
The Court of Appeals answered a certified question from the U.S. Court of Appeals for the Second Circuit as follows: A court sitting in New York may order a bank over which it has personal jurisdiction to deliver stock certificates owned by a judgment debtor (or cash equal to their value) to a judgment creditor, pursuant to CPLR article 52, when those stock certificates are located outside New York.

FAMILY LAW, INJURY AND TORT LAW, PROBATE, TRUSTS & ESTATES
Sargiss v. Magarelli, No. 93
In an action against the estate of Plaintiff's ex-husband claiming that the decedent misrepresented his assets in a prior divorce proceeding, the dismissal of the complaint is reversed, where the statute of limitations was tolled prior to Plaintiff's discovery of the alleged fraud.

GOVERNMENT BENEFITS, GOVERNMENT LAW
Callahan v. Carey, No. 68
In a motion seeking access to city homeless shelter eviction notices pursuant to a consent decree requiring Plaintiffs to be granted "access to any records relevant to enforcement and monitoring of the decree," judgment for Defendants is reversed, where the notices were conceivably relevant to the monitoring of the decree. Read more...

INJURY AND TORT LAW, SECURITIES LAW
Eurycleia Ptnrs., LP v. Seward & Kissel, LLP, No. 88
In a fraud action against counsel for a failed hedge fund for failure to disclose certain information, dismissal of the complaint is affirmed, where neither Plaintiffs' allegations nor the circumstances gave rise to a reasonable inference that Defendant participated in a scheme to defraud or knew about the falsity of the contested statements. Read more...

INSURANCE LAW, TRANSPORTATION
Allstate Ins. Co. v. Rivera, No. 89
In an action seeking arbitration regarding insurance proceeds under supplementary uninsured motorists' coverage (SUM), judgment staying the arbitration is affirmed where insureds can never use a SUM endorsement to obtain a greater recovery for themselves than is provided under the policy to third parties injured by the insureds


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Posted On: June 5, 2009

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

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June 3-4, 2009.

CIVIL PROCEDURE, EDUCATION LAW, INJURY AND TORT LAW
O'Connor v. Pierson , No. 07-1758
In an action brought by a public school teacher against a school, alleging various state and federal tort claims, district court's of defendant's motion for summary judgment on grounds that plaintiff's claim is barred by res judicata is affirmed where: 1) the state court decision against plaintiff on his intentional infliction claim was decided on the merits and bars his pursuit of the substantive due process claims in federal district court; 2) the parties in the state and federal actions are in privity for purposes of res judicata; and 3) plaintiff had a fair and adequate opportunity to litigate his claims, even if they may have eventually been separated from one another.

INJURY AND TORT LAW, SECURITIES LAW
Holmes v. Grubman , No. 06-5246
In a fraudulent misrepresentation action involving securities, district court judgment is affirmed in part where: 1) the court properly denied plaintiff's motion to amend, as the record is devoid of evidence supporting plaintiffs' contention that good cause existed for the district court to modify its scheduling order; and 2) the court properly dismissed plaintiff's claim brought under Georgia’s "blue sky" law, as plaintiffs did not cite a specific provision of the statute or refer to particular false or misleading statement that allegedly violated the statute and thus failed to provide defendant with fair notice of their claim and the grounds upon which it rested. The remaining three issues on appeal are certified to the Supreme Court of Georgia, as the state's highest court has not directly addressed the issues and the present court is unable to predict with certainty how the court would rule on them in the instant case.

ATTORNEY'S FEES, GOVERNMENT LAW, PER CURIAM
Pietrangelo v. US Army , No. 07-3124
District court judgment denying a pro se lawyer's motion for attorneys' fees under the Freedom of Information Act is affirmed where lawyers who represent themselves in FOIA litigation are not eligible for attorneys' fees under the Act's fee-shifting provision, 5 U.S.C. section 552(a)(4)(E). R

GOVERNMENT BENEFITS
Encarnacion v. Astrue , No. 07-3550
In an action involving children's eligibility for Supplemental Security Income Benefits, district court's grant of summary judgment for defendant is affirmed where the Commissioner of Social Security's interpretation of the Social Security Act Act and the disputed policy implementing the Act's provisions for determining children's eligibility for Supplemental Security Income Benefits is entitled to deference under Skidmore. The Commissioner is thus not required to engage in cross-domain combination of less-than-marked limitations, and the regulations adequately take into account the combined effect of a child’s impairments.

Posted On: June 5, 2009

ABA Journal Weekly Newsletter

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

Law Practice Management
MoFo's NYC Office Tells Troops: Be Here By 9:30 a.m., Jumping Jacks Optional
Jun 2, 2009, 02:53 pm CDT

Law Schools
Sweeping Accreditation Review May Prompt 'Sea Change' in Law School Evals
Jun 3, 2009, 09:57 am CDT

Law Practice Management
'No Layoffs' at WilmerHale, But Firm Asks Some Lawyers to Find New Jobs
Jun 2, 2009, 07:29 pm CDT

Law Firms
Eight Mayer Brown Associates Take $100K-Plus Pay Cut to Work In-house
Jun 2, 2009, 07:17 am CDT

Law Schools
Law Dean's E-Mail Shows Distaste for Clout-Heavy Admissions Decisions
Jun 1, 2009, 08:48 am CDT

Judiciary
'All Business' GM Bankruptcy Judge Snaps at Joking Lawyer
Jun 2, 2009, 08:09 am CDT

Legal Ethics
Judge Reprimanded for Friending Lawyer and Googling Litigant
Jun 1, 2009, 07:20 am CDT

Law Practice Management
Curtis Mallet-Prevost Memo to Troops: No Chest Hair or Club Wear
Jun 1, 2009, 10:50 am CDT

U.S. Supreme Court
'Dude, That's Weird': Chance Meeting with Justice Becomes Graduation Coup
Jun 3, 2009, 10:19 am CDT

Work/Life Balance
New Sedgwick Policy: 4-Week Vacation Allowed, If Hours Target & Deadlines are Met
Jun 4, 2009, 02:28 pm CDT

Posted On: June 3, 2009

Q&A: Trends in Funding of Court and County Law Libraries*

QUESTION:

Recently, Connecticut and New Jersey have sought to remove funding completely for their county and court law libraries through budget bills and separate legislative actions. Has anyone experienced this threat from their state legislature recently?

SOME RESPONSES:

In our state we have been given notice of a 10% cut in budget for next year. However, the cut is across the board and affects all state agencies so we have not been singled out.
_________________________

All county law libraries in Minnesota are experiencing revenue decreases indirectly. Most county law libraries in MN (the State law library and law libraries in Hennepin and Ramsey counties are exceptions) receive income through court fees and fines. There is some jockeying between the state and counties for these fines. The current MN legislature has passed into law a reallocation of these fines in a way that we believe will reduce our income. Each law library board of trustees may need to reinstate these fees county by county to insure proper funding of the law libraries. It's too early to know the impact of the law at this point.
__________________________

Marion County Law Library (Indianapolis) has already lost 1 of 2 staff members last fall, reduced public service hours to just 6 a day, all federal and some practice materials have been canceled this spring. The library is going to be downsized even more or completely restructured by this fall (if nothing else, closing is an option that is being discussed too). All city-county agencies must present a budget with 5% cuts compared to 2008. The law library is not regulated by a state or local legislature/ordinance, it is a division of the Court Administration and funded from the Courts’ General Fund. There is a Family Court Project Room at the County Clerk’s Office opened last year (funded by a grant) that is supposed to help pro se family law cases but, so far, it has created more work for the library not less by referring all those pro se to the library. There is no state legislature concerning public law libraries throughout the state and, not surprisingly, there are just a few of us to begin with.
__________________________

Although the income we receive through filing fees has increased do to more lawsuits being filed, the County is in dire straights. The County which pays for our leased facilities informed me in April that they could no longer pay for the lease on our branch and that there was a shortfall with the main law library's lease as well.

They instructed us to shut the branch down in 2 months! My board did not want to do that and approved a one time allocation of funds to pay the lease amount ourselves so that we can properly close the branch in June 2010.
___________________________

In addition to the above responses the following is a link to a recent comment by the Chief Administrative Judge of Connecticut regarding the current budget proposal for the Connecticut Judical Branch. Although libraries are not mentioned specifically these comments do speak to issues being confronted regarding state funding.

Commentary
___________________________

*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: June 3, 2009

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

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June 1-2, 2009.

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Timewell, No. 07-4587
Sentence for drug crimes and making false statements to federal agents is vacated and remanded where the district court erred in neglecting to answer the question posed by the Crosby remand of defendant's original sentence of whether the court would have imposed a materially different sentence under the post-Booker sentencing regime based on the circumstances at the time of the original sentence, and this error was not harmless

ADMINISTRATIVE LAW, IMMIGRATION LAW
Guzman v. Holder , No. 08-2544
Petition for review of Board of Immigration Appeals' cancellation of removal and finding of removeability is granted where the Board violated 8 C.F.R. sec 1003.1(d)(3)(iv) by engaging in impermissible factfinding as it relied on facts that were contested by the parties and expressly not found by the Immigration Judge.

Posted On: June 3, 2009

Findlaw Case Summaries: U.S. Supreme Court

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June 1, 2009.

CIVIL PROCEDURE, INJURY AND TORT LAW, PER CURIAM, TRANSPORTATION
CSX Transp., Inc. v. Hensley, No. 08-1034
In an action brought under the Federal Employers' Liability Act, based on Plaintiff's fear of developing cancer due to asbestos exposure, judgment for Plaintiff is reversed where the trial court denied an instruction that Plaintiff must have a "genuine and serious fear" to recover damages, because that instruction was required by the Court's prior decision in Ayers v. Norfolk & Western R. Co., 538 U.S. 135 (2003). Read more...

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Bobby v. Bies, No. 08-598
In a capital habeas matter, the Court of Appeals' order prohibiting the state court from holding a post-conviction hearing on whether Defendant was mentally retarded is reversed where the Double Jeopardy Clause did not bar the state court from conducting a full hearing on Defendant's mental capacity after trial.

Posted On: June 1, 2009

The Career Clinic: Eight Simple Rules for Finding Work You Love

by Maureen Anderson

OCLC NetLibrary eBook of the Month
June 2009
AMACOM Books, 2008
Product ID: 251065

Since the Baby Boom generation, we have been raised with a sense that self-fulfillment is one of our inalienable rights—yet most of us probably do not love our work. As the longtime host of a radio show devoted to helping people find careers they love, Maureen Anderson has often invited listeners in to hear firsthand accounts of people who not only relish their work, but live without regret.

The Career Clinic: Eight Simple Rules for Finding Work You Love by Maureen Anderson (AMACOM 2008) collects intimate and revealing first-hand accounts of people who have made the leap from the 9-to-5 doldrums into jobs that leave them feeling happy, satisfied, and filled with the sense of contentment that comes from knowing they're doing what they were put on this earth to do.

Designed to increase awareness of online resources and highlight the value of your eBook collection, the June eBook of the Month is provided through the generous support of AMACOM Books.


Posted On: June 1, 2009

Cybersecurity: Reviews and Iniatives of the Obama Administration

Web based criminal justice issues cannot be addressed in a rational manner without also the establishment and ongoing maintenance of a trusted and resilient information and communications infrastructure. Realizing the paramount importance of these objectives the Obama administration has been engaging in a mumber related activities including President Obama's recent call for the creation of a cybersecurity coordinator who will orchestrate and integrate federal cybersecurity policies and agendas, and the release by the White House of a Report: Cyberspace Policy Review: Assuring a Trusted and Resilient Information Infrasturcture

These measures could not be more timely. The increasing rate that information on the web is being compromised in many ways including identity theft, willful distortion of information,and illegal wiretapping to name a few. Other organizations such as the American Association of Law Libraries (AALL) have long been concerned with issues related to the continuing integrity or authenticity of information on the web and are actively engaged in developing recommendations and helping others understand the importance of achieving and maintaining information authenticity of the web but additional help and support is needed. It is therefore most encouraging to see indications that the Obama administration is interested in taking an active role in addressing these and related issues.

The following are links to documents and articles discussing recent cybersecurity initiatives of the Obama administration.

DOCUMENTS:

Fact Sheet Prepared byWhite House: Cyberspace Policy Review: Assuring a Trusted and Resilient Information and Communications Infrastructure

Report Released by White House: Cyberspace Policy Review, Assuring a Trusted and Resilient Information and Communications Infrastructure

ARTICLES:

Cybersecurity Review Finds U.S. Networks 'Not Secure'
The report dovetails with President Obama's call for the creation of a cybersecurity coordinator who will orchestrate and integrate federal cybersecurity policies and agendas. InformationWeek Daily Newsletter June 1, 2009.

Reaction toObama speech and 60-day report is widely positive Several senior lawmakers on Friday applauded President Barack Obama’s plans to improve cybersecurity. Federal Computer Week Daily June 1, 2009 Includes highlights of some inital reactions by members of congress.

Obama Announces White House Cybersecurity Position InformationWeek Daily Newsletter June 1

Obama Action Plan Calls for Cybersecurity Coordinator
By William Jackson
May 29, 2009
Federa; Computer Week June 1, 2009.
New White House post will anchor a suite of initiatives declaring that, “the status quo no longer is acceptable, we can and must do better,” President Barack Obama today announced creation of the position of a cybersecurity coordinator who will direct national cybersecurity policy from the White House. Federal Computer Week June 1, 2009


Posted On: June 1, 2009

Findlaw Case Summaries: Constitutional Law

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May 25-29, 2009.

U.S. 2nd Circuit Court of Appeals, May 27, 2009
Pyke v. Cuomo, No. 07-0334
District court's grant of summary judgment to defendants on plaintiffs' claim that defendants' response to a period of violent unrest on an Indian reservation violated their equal protection rights is affirmed where: 1) plaintiffs failed to show that defendants' actions constituted an express racial classification; and 2) plaintiffs failed to provide sufficient evidence of racially discriminatory intent and impact.

U.S. 2nd Circuit Court of Appeals, May 29, 2009
Bridgeport & Port Jefferson Steamboat Co. v. Bridgeport Port Auth., No. 08-3886
District court judgment declaring a fee imposed on ferry passengers unconstitutional and enjoining collection of the fee until revised is affirmed where: 1) the existing fee violated the Commerce Clause as defendant failed to show that using a portion of the passenger fees to pay for services was based on a fair approximation of the ferry passengers' use; and 2) the fee violated the Tonnage Clause as it was used for the impermissible purpose of raising general revenues and for projects which did not benefit the ferry passengers.

U.S. 6th Circuit Court of Appeals, May 28, 2009
Am. Atheists, Inc. v. Detroit, No. 07-2398
In an Establishment Clause challenge to a city's building refurbishment program in which religious organizations were allowed to participate, judgment for Plaintiff is reversed, where the program allocated generally available benefits on a neutral basis and without a hidden agenda, and thus did not have the effect of advancing religion.


Continue reading " Findlaw Case Summaries: Constitutional Law " »

Posted On: June 1, 2009

Findlaw Case Summaries: Criminal Law and Procedure

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May 25-29, 2009.

U.S. Supreme Court, May 26, 2009
Haywood v. Drown, No. 07-10374
In a 42 U.S.C. section 1983 action by a prisoner, judgment for Defendant-Officers is reversed where Correction Law section 24, as applied to Section 1983 claims, violates the Supremacy Clause, because New York's policy of shielding correctional officers from liability for conduct performed in the scope of their employment is contrary to Congress's judgment that all persons who violate federal rights while acting under color of state law shall be held liable for damages.

U.S. Supreme Court, May 26, 2009
Montejo v. Louisiana, No. 07-1529
Capital murder conviction is vacated, where Michigan v. Jackson, 475 U.S. 625 (1986), is overruled, because requiring an "initial invocation" of the right to counsel in order to trigger the Jackson presumption might work in states that require an indigent defendant formally to request counsel before an appointment is made, but not in more than half the states that appoint counsel without request from the defendant. .

U.S. Supreme Court, May 26, 2009
Abuelhawa v. US, No. 08-192
Drug distribution conviction is reversed and the case remanded, where Defendant's drug purchases from a third party over the phone constituted misdemeanors, because using a telephone to make a misdemeanor drug purchase does not "facilitate" felony drug distribution in violation of 18 U.S.C. section 843(b).

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