Posted On: July 29, 2009

Cyber Bytes from Quinlan

Source: Quinlan Law Enforcement E-News Alert, July 16, 2009.

Warrant to seize computer records

In a case involving a narcotics arrest, the court held that a warrant allowing for the seizure of "computerized records" authorized the investigators serving the warrant to seize the defendant's computers. The defendant argued that because the warrant did not specifically list "computers" as an item to be seized, the seizure of the computers was outside the scope of the warrant. The court reasoned that anyone with a minimum of computer knowledge would understand that seizing "computer records" would necessitate seizing the actual computers those records were contained within. The court did, however, note that seized computers should not be kept by the government indefinitely after the seizure.
Citation: U.S. v. Reynolds, 2009 WL 1588413 (E.D. Tenn. 2009)

____________________________
Wire fraud

A court affirmed a conviction for wire fraud and held that the application of a mass-marketing sentencing enhancement was appropriate, as the defendant used the Internet to conduct large-scale advertising to attract bidders to his fraudulent online auctions. The defendant used two Internet auction Web sites to defraud successful bidders on items he had listed for sale. He would list an item for auction, accept the highest bid, cash the check sent to him by the winning bidder, and ship a product far inferior to the one advertised on the Web site. The defendant argued that he should not have been given the sentence enhancement, since there can be only one winner in an auction, and therefore, it was not mass marketing. The court disagreed, noting that his fraud had the potential to draw in a great number of people, and therefore the sentence enhancement was appropriate.
Citation: U.S. v. Heckel, 2009 WL 1739909 (7th Cir. 2009)

____________________________
Border search of laptop

In a case involving the search of a laptop at an international airport, a court denied the defendant's motion to suppress the evidence, as the search met the requirements of the Foreign Intelligence Surveillance Act. The defendant boarded a flight from Singapore to the United States. Upon his arrival to the United States, law enforcement agents conducted a search pursuant to the Foreign Intelligence Surveillance Act on the defendant's carry-on luggage, which included his laptop computer and other electronic media. Law enforcement agents created a mirrored hard drive of the defendant's laptop computer for subsequent analysis. The other contents of the defendant's carry-on luggage, which included hand-written notes, articles, and brochures regarding missile technology, were also examined. The court found that the government agents had acted under probable cause and had submitted the necessary documents in order to perform the search.
Citation: U.S. v. Gowadia, 2009 WL 1649709 (D. Haw. 2009)

____________________________
Unauthorized use of a computer

In a case involving accessing a computer without authorization, a court upheld the convictions of two men, one of whom was a deputy sheriff. The deputy used his position as a law enforcement official to access the NCIC computer database to unlawfully obtain information for the defendant. The defendant then used this information to extort, threaten, and commit, or procure others to commit, acts of violence. The actions taken by the deputy were completed under the direction, and for the benefit, of the defendant. Therefore, the court upheld the conviction.
Citation: Collins v. U.S., 2009 WL 1850199 (M.D. Fla. 2009)

____________________________
Computer search

In a habeus corpus pleading, the defendant argued that his office computer, which contained evidence that implicated him in his wife's murder, should not have been searched since the affidavit accompanying the warrant application contained no information suggesting that he communicated with his mistress using e-mail. The court found that the affidavit was sufficient, since it contained enough information about the defendant's affair and behaviors to allow an inference that he used the computer to communicate with his mistress.
Citation: Guthrie v. Weber, 2009 SD 42, 2009 WL 1628500 (S.D. 2009)

Posted On: July 29, 2009

New York Commission on Judicial Nominations - Proposed Revisions to Rules - July 2009

In response to criticism it received for submitting and all-male list with only one black of seven candidates to New York Governor David A. Paterson last December to fill a New York Court of Appeals opening created by the retirement of then Chief Judge Judith S. Kaye, the New York Commission on Judicial Nominations has released for public comment a number of proposed rule changes, Proposed Revisions to the Rules of the Commission on Judicial Nominations: Title 22 N.Y.C.R.R. Section 7100. The proposed revisions announced in a Press Release by the Commission on July 20; a 45 day comment period on the rules is expected to begin next week.:

Press Release Announce Proposed Rule Revisions

Download fileles of the New York Commission on Judical Nominations

Posted On: July 27, 2009

Findlaw Case Summaries: Criminal Law

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

July 20-24. 2009.

U.S. 1st Circuit Court of Appeals, July 22, 2009
US v. Allen, No. 08-1451
Conviction for being a felon in possession of a firearm is affirmed where: 1) the district court did not abuse its discretion in failing to conduct an evidentiary hearing before denying defendant's motion to suppress as defendant failed to raise a genuine issue of material fact regarding the plain view analysis or the existence of probable cause; 2) the court did not abuse of discretion by finding without an evidentiary hearing that his statements to the police were voluntary, as there was an affidavit and a signed Miranda acknowledgment, and defendant's assertions were unsupported by any references to specific statements he sought to suppress; and 3) the court did not abuse its discretion in denying defendant's motion for reconsideration as defendant's affidavit in support of his motion did not respond to the government's plain view assertions or specify the alleged Miranda violations. Read more...

U.S. 1st Circuit Court of Appeals, July 23, 2009
US v. Rodriguez-Barrios, No. 07-1854
Conviction for committing a carjacking resulting in death is affirmed where: 1) the court properly denied defendant's motion for acquittal as the evidence was sufficient for a reasonable jury to conclude that defendant had the intent to kill or seriously harm the victim when he took control of her car; 2) the court did not err in excluding tape recordings of the victim as the recordings did not contradict the victim's hearsay allegations of abuse; 3) the court did not abuse its discretion in refusing to allow defendant to present expert witness testimony regarding the reliability of eyewitness identification; 4) the court did not abuse its discretion denying defendant's motion for a mistrial as the brief mention of the possibility of a polygraph examination did not warrant a mistrial; and 5) the court erroneously admitted certain statements made by the victim's friend and mother, but the error was harmless. Read more..! .

U.S. 1st Circuit Court of Appeals, July 23, 2009
US v. Wallace, No. 07-1884
Sentence for armed robbery and other crimes is affirmed where: 1) the district court properly applied the mandate rule and refused to consider defendant's objection to sentencing enhancement for obstruction of justice based on his perjury as defendant failed to challenge the enhancement in his first appeal and it became the law of the case; 2) the court properly applied the mandate rule to defendant's objection to the stolen weapons enhancement; 3) defendant's claim that his use of a dangerous weapon during the robbery was an improper basis for an upward departure and his claim that court's decision to depart upwardly based on defendant's disruption of government functions are both barred by the law of the case doctrine; 4) the court did not err in imposing a two-level increase for extreme psychological injury; 5) the court did not abuse its discretion in imposing an upward departure to his sentencing level based on his criminal history; and 6) defendant's sentence was reaso! nable

Continue reading " Findlaw Case Summaries: Criminal Law " »

Posted On: July 27, 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.

July 20-24. 2009.

U.S. 5th Circuit Court of Appeals, July 21, 2009
Oscar Renda Contracting Inc. v. Lubbock, No. 08-10481
In a 42 U.S.C. section 1983 action claiming that defendant city violated the First Amendment by denying plaintiff a construction contract, summary judgment for defendant is affirmed where not all construction contract disputes involving government entities or agents are matters of public concern.

U.S. 5th Circuit Court of Appeals, July 21, 2009
US v. Whaley, No. 08-10951
Defendant's conviction for failure to register in accordance with the Sex Offender Registration and Notification Act (SORNA) is affirmed where SORNA does not exceed Congress's powers under the Commerce Clause because it forbids sex offenders from using the channels of interstate commerce to evade their registration requirements.

U.S. 6th Circuit Court of Appeals, July 22, 2009
Waeschle v. Dragovic, No. 08-2228
In a 42 U.S.C. section 1983 action against a county Medical Examiner for depriving plaintiff of her right to dispose of her deceased mother's brain (removed in an autopsy and later incinerated as medical waste), denial of defendant's motion for summary judgment based on qualified immunity is reversed where plaintiff had no clearly established property right in the brain because it was removed and retained for study in furtherance of a lawful criminal investigation

Continue reading " Findlaw Case Summaries: Constitutional Law " »

Posted On: July 24, 2009

New Jersey: Documents Related to Two Track Investigation of Political Corruption and Money Laundering

As announced yesterday July 23, 2009, U.S. federal agents swept accross New Jersey and New York, charging 44 people (including mayors, rabbis and one alleged trafficker in human kidneys) of being involved in public corruption and international money laundering practices..

The following are links to some documents related to that two track investigation. For additional news and related information go to the U.S. Department of Justice website at: http://www.usdoj.gov/usao/nj/press/index.html

Statement: Two Track Investigation of Political Corruption and International Money Laundering

Fact Sheet containing names, ages, and other information regarding individuals arrested and charged in two-tier corruption and money laundering invistigation

Criminal Complaints in the Two Tier Investigation of Political Corruption and International Money Laundering


Posted On: July 24, 2009

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

Update from the Lexis Alert Service,

July 24, 2009

1. People v. Bright, 1010, 5732/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5607; 881 N.Y.S.2d 291; 2009 N.Y. App. Div. LEXIS 5436, July 2, 2009, Decided, July 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 (Eduardo Padro, J.), ...

2. People v. Thomas, 985, 5090/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5636; 881 N.Y.S.2d 291; 2009 N.Y. App. Div. LEXIS 5417, July 2, 2009, Decided, July 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 of resentence, Supreme Court, New York County, (Carol Berkman, J.), ...

3. People v. Coronel, 975, 9516/98, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5629; 881 N.Y.S.2d 293; 2009 N.Y. App. Div. LEXIS 5414, July 2, 2009, Decided, July 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 (Michael R. Ambrecht, ...

4. People v. Deoleo, 979, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5632; 881 N.Y.S.2d 292; 2009 N.Y. App. Div. LEXIS 5468, July 2, 2009, Decided, July 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 (Laura Ward, J.), ...

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

Posted On: July 24, 2009

ABA Journal Weekly Newsletter

Ten top stories.

For week ending July 24, 2009.

Law Practice Management
E-Mail Leaks About Layoffs Prompt Law Firms to Set New PR Course
Jul 20, 2009, 11:06 am CDT

Law Practice Management
DLA Piper Partner Moves to Smaller Firm Over Clients' Cost Concerns
Jul 20, 2009, 03:51 pm CDT

Law Firms
Triple Bad News for Law Students: Three Firms Ax Summer Associate Programs
Jul 20, 2009, 01:28 pm CDT

Law Practice Innovation
ABA Journal Launches 'Legal Rebels' Project
Jul 21, 2009, 09:59 am CDT

Administrative Law
ABA to Sue if FTC Won't Exempt Lawyers from ID Theft Rules
Jul 22, 2009, 05:10 pm CDT

Work-Life Balance
Educator Wonders If He'd Be Happier as His Twin, a High-Paid Lawyer
Jul 21, 2009, 11:58 am CDT

Diversity
Why More than 75% of Minority Female Lawyers Leave Law Firms Within 5 Years
Jul 22, 2009, 09:41 am CDT

Legal Ethics
Lawyer Gets Reversal of Contempt Finding for 'Sarcastic, Unprofessional Looks'
Jul 20, 2009, 10:36 am CDT

Criminal Justice
FBI Sweep in N.J. Includes Arrests of Rabbis and Three Mayors
Jul 23, 2009, 08:12 am CDT

Law Firms
Suit by Fired Lateral Partner Says Edwards Angell Should Have Lowered Expectations
Jul 22, 2009, 09:02 am CDT

Posted On: July 24, 2009

CLLB Information Security Newsletter - Cybercrime

Volume 2 Number 7 July 2009.

From the Desk of David Badertscher

Monthly Cyber Security Tips

Cybercrime

What is Cybercrime?

The term “cybercrime” is usually referred to as any criminal offense committed against or with the use of a computer or computer network. The US Department of Justice (DOJ) interchangeably uses the terms “cybercrime,” “computer crime,” and “network crime” to refer to acts such as computer intrusions, denial of service attacks, viruses and worms.

1 A cybercrime incident can lead to loss of business and consumer confidence, financial loss, productivity loss, and even loss of intellectual property. For something to be considered a crime, however, requires a law to denote it as such, and the laws have, to this point, lagged behind technology. Existing laws relating to cybercrime oftentimes do not apply to specific acts being investigated and those laws vary from state to state. Some cybercrime may be more easily prosecuted if it is simply viewed as a more commonly recognized crime, e.g. vandalism instead of web defacement. To refer to a criminal act as “cybercrime” or “computer crime” tends to place the focus more on the technology, rather than on the crime itself. For these reasons, Anthony Reyes, author of the book Cyber Crime Investigations, argues against using the term “cybercrime,” and instead prefers to call these acts as “crimes with a computer component.” 2 Regardless of the means used to commit a crime or the target of a crime, whether it is a computer, a business, or someone’s data, it is still a crime.

What are the Trends in Cybercrime?

In the 1990s, cybercrime was mainly motivated by notoriety or revenge and predominately defined by the willful destruction of online property or intentional disruption of a business. The current era of cybercrime is dominated by criminals who want to use your computer for illegal activities, to steal data for profit, and organized crime is heavily involved.3 Attackers exploit vulnerabilities in computer software in order to develop “crimeware,” such as viruses, Trojans, and keyloggers, in order for other criminals to carry out their nefarious acts. These “crimeware” creators also utilize the software-as-a-service business model to provide crimeware-as-a-service. Some of their crimeware servers not only act as command and control servers (machines designed to provide instructions to the crimeware), but also as “data suppliers” or repositories for private stolen information that is harvested by the crimeware.

Personal information is a valuable commodity for criminals. Traditional security tools are becoming increasingly more limited in their ability to mitigate these highly complicated cybercrime attacks.4 Another trend is that the governments of various countries are suspected of being involved in cybercrimes for political reasons. As governments become more dependent upon technology, those assets will be attacked for various reasons. The cybercrime landscape, as it may be called, has definitely changed, but the criminal motivations are still the same – money, power and revenge.

What Can I Do?

Fighting cybercrime is problematic for several reasons. Many actions, such as writing crimeware, are currently not defined as illegal and, even if they constitute a crime, can be difficult to prosecute. Location and jurisdiction may also be a problem. For instance, a criminal may reside in one country and use a crimeware server in another country to attack a victim who resides in a third country.5 Cybercrime can also be perpetrated without a person’s knowledge, unlike other types of crimes that may be more noticeable. To adequately defend against cybercrime, you need against cybercrime, you need to follow the traditional best practices for protecting your network or desktop.

If you become a victim of cybercrime, you should report the incident to the appropriate law enforcement authorities. Depending on the scope of the crime, the appropriate agency may be local, state, federal, or even international.

The US DOJ maintains a list of federal agencies to which computer related crimes may be reported at the following address: http://www.usdoj.gov/criminal/cybercrime/reporting.htm. In addition, you may report cybercrimes to the Internet Crime Complaint Center (IC3), a partnership among the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C) and the Bureau of Justice Assistance (BJA). The IC3 provides a convenient reporting mechanism for both citizens and government agencies that alerts authorities of suspected criminal or civil violations and may be contacted via the following address: http://www.ic3.gov.

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

The information provided in this Newsletter is intended to increase your security awareness and help you conduct activities in a more secure manner within your work and home environments. While some of the tips may relate to maintaining a home computer, the increased awareness is intended to help improve overall cyber security posture.
_________________________________

1 “Prosecuting Computer Crimes”, February 2007, http://www.usdoj.gov/criminal/cybercrime/ccmanual/00ccma.html.

2 Reyes, Anthony, Cyber Crime Investigations: Bridging the Gaps Between Security Professionals, Law Enforcement, and Prosecutors, Syngress Publishing, Inc. 2007.

3 “A Brief History of Data Theft”, The ISSA Journal, June 2008.

4 “The Cybercrime 2.0 Evolution”, The ISSA Journal, June 2008.

5 Organized Cybercrime”, The ISSA Journal, October 2008.

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 AND REFERENCES:

Jackson, William. Tweeters Beware: All Is Not Secure on the Cyber Front. Government Computer News July 20, 2009.
" Twitter microblogging service gets a lot of publicity, but recently that publicity has been increasingly bad as the company has become the victim of a series of hacks."
http://gcn.com/articles/2009/07/20/cybereye-twitter-social-network-security-warning.aspx?s=security_230709

Bain, Ben. Agencies Riddled With Security Holes, GAO Says. Federal Computer Week July 17, 2009.
"A continued lack of sufficient information security controls at major federal agencies puts sensitive data at risk, the Government Accountability Office said today."
http://fcw.com/articles/2009/07/17/web-gao-fisma-info-security.aspx?s=security_230709


Posted On: July 23, 2009

In Appreciation of Library Catalogers and Cataloging Standards

David Badertscher*

For almost forty years I have been in charge of law libraries. During that time I have acquired great appreciation and respect for the value and work of library catalogers. This posting is a small token of that respect and gratitude.

Have you ever wondered how all the information in library online catalogs, or OPACS is collected and organized in a way that makes it accessible and useful to us when we need it? As it turns out, the process of collecting–and especially organizing–this information and making it accessible to us is quite rigorous, involving complex, exacting standards and rules.

To perhaps oversimplify, cataloguing involves listing, analyzing, describing, classifying, identifying points of access such as subject headings or titles (access points) to the information being cataloged, and making any necessary preparation for user access from both within a library or through remote access from various locations, of knowledge based structured content (bibliographic content) associated with a library or group of libraries, all under the direction of specially trained professional catalogers. To ensure consistency and overall coordination of these processes both within and among libraries, it has been essential to establish well coordinated and agreed upon standards and conventions which catalogers working from diverse locations and organizations can rely upon to provide maximum benefit to us the end users.

For cataloging standards to remain relevant, they must take into account various factors including the preservation of the integrity and accessibility of the collection being cataloged, the mission of the organization housing or hosting the collection, needs and concerns of end users, and changes in information needs and cultural values over time. Depending on circumstances, such changes may necessitate either comparatively minor revisions or major revisions in order for these standards to remain relevant as the basis for effective cataloging. Judging from what I have read while preparing this posting it appears that catalogers have always been and continue to be very diligent and effective in this regard.

For many years the rules of cataloging have been primarily governed by a group of standards and rules called Anglo American Cataloguing Rules (AACR) and later AACR2 which is still being used as this is being written. Both AACR and AACR2 were designed to accommodate either hard copy (print or card catalogs) or earlier versions of computer-based or online catalogs. By the beginning of the 21st century it was widely recognized that either a major revision in AACR2 or a new standard that goes beyond existing cataloging codes was needed to provide adequate guidelines for cataloging digital resources, responding to the challenges of the world wide web, and to provide a greater emphasis on helping an increasingly diverse group of users to find, identify, select and obtain the information they need. After much discussion, consultation, and deliberation it was decided to go with a new standard called Resource Description and Access or RDA, which is scheduled to replace AACR2 later this year, 2009.

Why is this being discussed on a public blawg? Because we need to realize that although much of their work is behind the scenes and invisible to most of us, catalogers continue to play an important, critical role in enabling us to find the information essential to our going about our daily lives both at work and at home. Although search services are often useful, even vital, they are no substitute online catalogs when searching for bibliographic materials housed in libraries, groups of libraries or similar organizations. Cataloging standards can also form the basis for other forms of web searching. A prominent information consultant told me some years ago that he liked to hire catalogers for applications development in database and web searching because he found their training and expertise to be so helpful and effective.

To summarize, from all appearances cataloguers and cataloging continue to be highly relevant to our increasingly interactive and interconnected society with its growing information needs. But they need our recognition and appreciation for their many contributions. I hope this posting helps in that regard . Since this is a general discussion, I have left out many details of possible interest. To help fill in the blanks I have asked Joni Lynn Cassidy, President of Cassidy Cataloging Services to write her own article for this blawg. I am happy to report that she has accepted and we can all look forward to her forthcoming article.
_______________________________
*David Badertscher is the Principal Law Librarian at the New York Supreme Court Criminal Term Library, First Judicial District in New York, NY. Although not strictly a cataloger, he is interested in technical services issues and is a member of the AALL TS-SIS.

For those who are interested in pursuing this topic further, you can click on the link below to see some of the sources consulted in preparation for this posting.:

Continue reading " In Appreciation of Library Catalogers and Cataloging Standards " »

Posted On: July 21, 2009

Defining and Measuring Judicial Activism: An Empirical Study of Judges on the United States Court of Appeals

Corey Rayburn Yung who teaches criminal law and procedure at the John Marshall Law School has posted a draft paper (Defining and Measuring Judicial Activism: An Empirical Study of Judges on the United States Court of Appeals) on SSRN. Professor Yung's scholarship is primarily focused on sex crimes and judicial decision-making. Here is an Abstract of the paper:

July 15, 2009

Abstract: Defining and Measuring Judicial Activism: An Empirical Study of Judges on the United States Court of Appeals

Corey Rayburn Yung
The John Marshall Law School

Existing empirical scholarship about judicial activism has almost exclusively focused on 1) the United States Supreme Court; and 2) actions by the judiciary which invalidate legislative, executive, and state actions. This article contends that such limitations give an extremely narrow, and potentially flawed, vision of activism and judicial decisionmaking. The Supreme Court is a less than ideal institution to study because the ever-shrinking docket of the Court creates small population sizes, the writ of certiorari process creates significant selection effects, the lack of restraints on Justices makes it difficult to identify a “correct” baseline to measure against, and the areas of law reviewed by the Court are quite limited. Studying the United States Courts of Appeals gives a fuller picture of activism, restraint, and decisionmaking among federal court judges. For the federal appellate courts, focusing on inter-branch and inter-governmental actions offers little insight because cases involving such issues constitute a very small percentage of the overall docket. Instead, this article considers the activity that is the primary duty of such courts: reviewing the judgments of federal district courts.

Activism, at its core, is about judges elevating their judgment above other constitutionally significant actors when a formal model of the law would predict otherwise. By analyzing how individual judges respect both deferential and non-deferential standards of review of district court judgments, this study captures a judge’s privileging of his or her judgment above others. Using a newly created dataset which includes 2008 cases which applied a standard of review from the eleven numbered circuits and the D.C. Circuit, the study is able to assess the activism of individual federal appellate judges. The article finds that there is no statistically significant correlation between activism of judges and the political party of the appointing President, the particular President who appointed the judge, and whether the majority of the Senate and the President were of the same party at the time of appointment. However, the study does find that individual Courts of Appeals vary substantially in their levels of judicial activism.

This draft analyzes data from nine Circuits including 6,626 cases and 19,869 judicial votes.

Keywords: judicial activism, empirical, courts of appeals, federal appellate courts, judicial restraint

Posted On: July 17, 2009

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

Update from the Lexis Alert Service,

July 16, 2009:

1. People v. Ross, 678, 4397/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4164; 62 A.D.3d 619; 2009 N.Y. App. Div. LEXIS 4042, May 28, 2009, Decided, May 28, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (A. Kirke Bartley, ...

2. People v. Boateng, 668, 380/06, 668A, 2434/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4157; 62 A.D.3d 614; 2009 N.Y. App. Div. LEXIS 4052, May 28, 2009, Decided, May 28, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgments, Supreme Court, New York County (Maxwell Wiley, J.), ...

3. People v. Glover, 109, 876/04, 110, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4168; 62 A.D.3d 626; 2009 N.Y. App. Div. LEXIS 4053, May 28, 2009, Decided, May 28, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Micki A. Scherer, ...

4. People v. Frederick, 663, 6348/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4155; 62 A.D.3d 612; 2009 N.Y. App. Div. LEXIS 4041, May 28, 2009, Decided, May 28, 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, ...

5. People v. Manrique, 674, 1575/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4162; 62 A.D.3d 617; 880 N.Y.S.2d 51; 2009 N.Y. App. Div. LEXIS 4050, May 28, 2009, Decided, May 28, 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, ...

6. People v. Hogans, 654, 1437/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4118; 62 A.D.3d 595; 878 N.Y.S.2d 890; 2009 N.Y. App. Div. LEXIS 3988, May 26, 2009, Decided, May 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 (Lewis Bart Stone, ...

7. People v. Nevarez, 630, 630A, 3633/06, 6046/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4104; 62 A.D.3d 585; 878 N.Y.S.2d 888; 2009 N.Y. App. Div. LEXIS 3992, May 26, 2009, Decided, May 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 ...
Judgments, Supreme Court, New York County (Edward J. McLaughlin, ...
.

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

Posted On: July 17, 2009

ABA Journal Weekly Newsletter

Ten top stories.

July 17, 2009.

Work-Life Balance
Jack Welch: Women Take Time Off for Kids at Their Peril
Jul 16, 2009, 07:54 am CDT

Law Schools
Harvard Law to Job-Hunting Students: Don't Panic
Jul 16, 2009, 07:30 am CDT

Law Students
Incoming 1L Writes Columnist About Fear of Never Having Fun Again
Jul 15, 2009, 08:39 am CDT

Supreme Court Nominations
Top 10 Quotes From the Sotomayor Hearings
Jul 16, 2009, 04:31 pm CDT

Plus, our day-by-day hearings coverage:

Day 1, Confirmation Hearings: Sotomayor's Philosophy? 'Fidelity to the Law'
Day 2, Confirmation Hearings: Do You 'Have a Temperament Problem?' Sen. Graham Asks
Day 3, Confirmation Hearings: 2nd Amend. Fundamental? 'Have Not Made Up My Mind'
Day 4, Confirmation Hearings: Witnesses Get Their Say on Sotomayor
Legal Ethics
Lawyer Could Face Jail for Voir Dire Question
Jul 14, 2009, 09:54 am CDT

Constitutional Law
Taking Pass on Wis. Bar Exam Could Be Unconstitutional, 7th Circuit Says
Jul 13, 2009, 03:56 pm CDT

Criminal Justice
Lawyer Freed After Spending 14 Years in Jail on Contempt Charge
Jul 13, 2009, 09:45 am CDT

Layoffs
Why Midlevel Associates May Prosper, Despite Likelihood of More Layoffs
Jul 14, 2009, 06:45 am CDT

Law Practice Management
Morgan Lewis Axes 2010 Summer Program, Plans to Eliminate Lockstep
Jul 14, 2009, 03:56 pm CDT

Careers
NJ Attorney General Seeks Unemployed Lawyers Willing to Work for Free
Jul 15, 2009, 10:45 am CDT

Posted On: July 16, 2009

Google: Is Free An Antitrust Issue?

Can the offering of goods and services such as Google searches free of charge be considered in violation of antitrust? Many librarians have expressed an interest in this issue. They are concerned about what any resolution of this question wll have on their continuing efforts to provide knowledge based goods and services (including new and enhanced products) in an increasingly financially constrained environment to patrons with ever increasing expectations. They want to be informed about what the producers and providers they depend on, such as Google, are thinking about this issue? Hence this postingl

In a July 10 posting on the Google Policy Blog Dana Wagner responds to comments by Chris Anderson, editor of Wired Magazine and author of the book Free in a piece Chris wrote for CNN and possibly to additional comments by Chris during his presentation at the Google D.C. office earlier in the week. In his D.C. presentation Chris explained how new business models and approaches to advertising will change the focus of global commerce.

What really seems to have caught Dana Wagner's attention however is the following excerpt from Chris's CNN piece:

"But companies still have to make money, so there are limits to how much they can provide free. Not a problem for Google. Its core advertising business is so powerful, dominant and profitable that it can subsidize almost everything else the company does, using Free to get customers in new markets. Is that fair, when so many of its competitors don't have a similar golden goose at the core of their operations?"

Mr. Wagner's basic answer to the question posed is that providing goods and services for free isn't anticompetitive' it is actually good for competition.

For additional information and commentary see Thomas Claburn's July 13 posting, Google Says 'Free' Isn't An Antitrust Issue on Grook on Google.

Posted On: July 15, 2009

U.S. Supreme Court Decision Requires Forensic Analysts to Testify in Court

David Badertscher

Legal experts and prosecutors are quite concerned about possible results of the June 25, 2009 U.S. Supreme Court decision Melendez-Diaz v. Massachusetts 07-591. In this decision the Court has ruled that forensic analysts conducting tests must be in court to testify about their test results and that lab sheets that identify a substance as a narcotic, or breath test printouts describing a suspect's blood-alcohol level are no longer to be considered as sufficient evidence. A person is now required to be in court to talk about the test results. The basic question the Supreme Court addressed in this opinion was: "Is a state forensic analyst's laboratory report prepared for use in a criminal prosecution "testimonial" evidence subject to the demands of the Sixth Amendment's Confrontation Clause as set forth in Crawford v. Washington?"* In its ruling the Supreme Court answered, yes.
_________________________
*The above quote was taken from discussion of this opinion in the U.S. Supreme Court Oyez website at. http://www.oyez.org/cases/2000-2009/2008/2008_07_591 . This site also includes links to the text of the opinion as well at to the Syllabus, dissent, concurrance, and argument. For additional information see discussion in a July 15, 2009 Washington Post article by Tom Jackman, and follow the link on the U.S. Supreme Court website.


Posted On: July 14, 2009

The Importance of Forensics in the Fields of Criminal Law and Justice: An Introduction

BY KAT SANDERS*

It’s easier to solve crime today than it was 50 years ago, because of the advances that have been made in the field of science, or to be more specific, forensic science. In fact, new and innovative crime solving techniques are being introduced by the day to help law enforcement officers solve cases that are baffling at first. If we took a long and hard look at the role that forensics play in the fields of criminal law and justice, we would see how important it is in solving crime because:

It helps establish the nature of the crime: There are some crimes that are accidents and others that are by design. Looking at the evidence through a forensic microscope allows cops and others in the law enforcement area to determine if the crime was a murder, suicide or other form of accidental death. In the case of a murder, forensic evidence tells them if the crime was accidental or carried out in cold blood. Forensic science is also used to investigate and solve burglaries, drug offenses, arsons and automobile accidents.

It helps remove personal prejudices: Forensic science forces law enforcement officers to look only at the evidence and not follow cases on their instincts or feelings. It thus provides a quantifiable way to solve crime, one that can be used to provide cold, hard evidence that is more acceptable in courts and to juries in convicting the guilty or acquitting the innocent.


It brings to light evidence that is not visible to the naked eye: Forensic science uses a number of techniques to help discover evidence that is not immediately visible. So even in cases where there seems to be no evidence at all, a minute fingernail or a strand of hair can help nail the criminal. The methods and techniques used are detailed and accurate, and if done carefully and correctly, can help recreate the crime in laboratory settings and solve the crime.

And last and most important of all, it helps solve the crime: Using details such as the time of death and other physical evidence, forensic science can prove conclusively if a person is guilty of the crime or innocent as they claim. If used wisely and correctly, forensic science can help convict the guilty and acquit the innocent, both of which are equally important when someone is being prosecuted for a crime. Forensic science is thus a great comfort to those who have been affected by the crime and a valuable tool for the criminal law and justice departments in fighting crime and bringing it to book.
------------------------------------------------

*This article is written by Kat Sanders, who regularly blogs on the topic of forensic science technician schools at her blog Forensic Scientist Blog. She welcomes your comments and questions at her email address: katsanders25@gmail.com.

For those of you who would like more information on forensic science, we invite you to see L Fabry's compilation of the top 50 forensic science blogs, sites, and resources posted on the Forensic Scientist Blog.


Posted On: July 14, 2009

Unclassified Report on the President's Surveillance Program

The Unclassified Report of the President's Surveillance Program released on July 10, 2009 is a review of the National Security Agency Warrantless Search Program, created during the presidency of George W. Bush some time after September 11, 2001. The unclassified report was prepared by the inspectors general of five government bodies involved in the original program. Among its many observations it raises questions about both whether the extensive secrecy of the original warrantless surveillance program limited its effectiveness and the legal basis of the original program..

The following is an excerpt from the Introduction to the Unclassified Report followed by a link to the entire Report:

From the Introduction:

In the weeks following the terrorist attacks of September 11, 2001, the President authorized the National Security Agency (NSA) to conduct a classified program to detect and prevent further attacks in the United States. As part of the NSA's classified program, several different intelligence activities were authorized in Presidential Authorizations, and the details of these activities changed over time. The program was reauthorized by the President approximately every 45 days, with certain modifications. Collectively, the activities carried out under these Authorizations are referred to as the "President's Surveillance Program" or "PSP."

One of the activities authorized as part of the PSP was the interception of the content of communications into and out of the United States where there was a reasonable basis to conclude that one party to the communication was a member of al-Qa'ida or related terrorist organizations. This aspect of the PSP was publicly acknowledged and described by the President, the Attorney General, and other Administration officials beginning in December 2005 following a series of articles published in The New York Times. The Attorney General subsequently publicly acknowledged the fact that other intelligence activities were also authorized under the same Presidential Authorization, but the details of those activities remain classified.

The President and other Administration officials labeled the publicly disclosed interception of the content of certain international communications by the NSA as the "Terrorist Surveillance Program."

UNCLASSIFIED REPORT ON THE PRESIDENT'S SURVEILLANCE PROGRAM July 10, 2009.

Posted On: July 14, 2009

New Publications and Updated Editions from West Thomson - Criminal Law and Procedure

Search run on West Thomson Website on July 14, 2009.

NEW PUBLICATIONS:

Crown Court Index, 2009, 29th

NEW This work provides an index of common penalties and formalities in cases tried on indictment...
Release Date: 6/29/2009


Witness Preparation and Examination for DUI Proceedings: Leading Lawyers on Developing Questioning Strategies, Gathering...

NEW This Aspatore product provides the best practices for gathering witness testimony and...
Release Date: 6/25/2009 $100.00


Archbold International Criminal Courts Practice, Procedure and Evidence, 3d

NEW This is a comprehensive, nuts-and-bolts manual to handle matters before the International...
Release Date: 8/1/2009


For more information click here.

RECENTLY UPDATED EDITIONS:

Pennsylvania Rules of Court, State & Federal, 2009 Revised ed.

NEW This set contains Pennsylvania state and federal civil, criminal, appellate procedure,...
Last Updated: 7/24/2009 $97.00


The Georgia DUI Trial Practice Manual, 2009 ed.

NEW Gain strategic advice, trial guidance, and discovery techniques for DUI matters, including a...
Last Updated: 6/12/2009 $173.00


Search and Seizure Checklists, 2009 ed.

NEW Quick-reference guide provides instant access to the latest developments in the field of...
Last Updated: 6/12/2009 $539.00


Daniel's Georgia Handbook on Criminal Evidence, 2009 ed.

NEW Gives you a practical guide to the law of evidence in Georgia in criminal cases.
Last Updated: 6/19/2009 $245.00

Continue reading " New Publications and Updated Editions from West Thomson - Criminal Law and Procedure " »

Posted On: July 14, 2009

ABA Journal Weekly Newsletter

Ten top stories.

July 10, 2009.

Editor's Note: Check back at ABAJournal.com starting Monday for live coverage of the Sonia Sotomayor confirmation hearings. The Journal's U.S. Supreme Court expert Richard Brust will post highlights from the Senate committee Q&A.

Law Schools
Are Law Schools Like GM? Why Profs Should Mull End of 'Salad Days'
Jul 7, 2009, 08:50 am CDT

Women in the Law
Too Many Women Lawyers are Like Oz's Dorothy, Partner Says
Jul 8, 2009, 09:10 am CDT

Labor & Employment Law
LinkedIn Reviews Can Come Back to Haunt Employers, Lawyers Say
Jul 7, 2009, 03:27 pm CDT

Layoffs
Are Law Firms Beginning a Summer Doldrums for Layoffs?
Jul 7, 2009, 07:11 am CDT

Supreme Court Nominations
Coming Soon to ABAJournal.com: Sotomayor Hearings
Jul 9, 2009, 11:40 am CDT

Law Firms
US News Law Firm Rankings: Coming in 2010
Jul 7, 2009, 01:26 pm CDT

Judiciary
Conservative 4th Circuit Chief Judge Retires Due to Illness
Jul 9, 2009, 07:34 am CDT

Layoffs
DLA Piper Lays Off 21 Associates, 100 Staffers
Jul 8, 2009, 01:13 pm CDT

Law Schools
Law Profs on Clout-Influenced Admissions: Everybody Does It
Jul 6, 2009, 08:12 am CDT

Personal Lives
D.C. Lawyer Gets New Kidney in Historic Domino Transplant
Jul 9, 2009, 09:41 am CDT

Posted On: July 14, 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.

July 6-10, 2009.

U.S. 1st Circuit Court of Appeals, July 08, 2009
US v. Meadows, No. 08-1122
Conviction for firearms possession is affirmed where: 1) the district court properly denied defendant's motion to suppress as the officers acted within the permissible scope of an investigatory stop when they handcuffed defendant and removed him from his sister's home; 2) the court did not err in its handling of defendant's status as a felon during trial as defendant was not unfairly prejudiced by any information about his criminal history that came before the jury; 3) the government did not err in the challenged statements it made during its closing summation; and 4) the government did not err in its instructions to the jury.

U.S. 1st Circuit Court of Appeals, July 08, 2009
US v. Bryant , No. 08-1160
Conviction and sentence for drug crimes is affirmed in part and reversed in part where: 1) the district court erred in not requiring the government to show that the presentence report's description of the prior New York conviction was based on a sufficiently reliable source to establish the accuracy of that description, and thus the government could not have met its burden of establishing the existence of the prior conviction for sentencing enhancement purposes; 2) the court did not err in finding that a certified copy of the record from the Suffolk Superior Court was sufficiently reliable to support the fact of defendant's Suffolk Superior Court conviction for sentencing enhancement purposes; 3) both of the defendant's prior convictions, if proven, qualify as a predicate offenses under U.S.S.G. sec. 4B1.2; and 4) the court did not err in considering the two transactions as part of the same course of conduct for purposes of sentencing.

U.S. 2nd Circuit Court of Appeals, July 06, 2009
Pilgrim v. Luther, No. 07-1950
In a prisoner civil rights action, district court's grant of summary judgment for defendant is affirmed where: 1) plaintiff's First Amendment retaliation claim fails as a matter of law as entreaties to activity such as petitions protesting prison conditions are not entitled to First Amendment protection where other less disruptive means of airing grievances are available; and 2) plaintiff's claims that defendant violated his due process rights are without merit as any error on the part of the corrections officer assigned to assisting plaintiff was harmless in light of defendant's owns failures.

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

Posted On: July 14, 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.

July 6-10. 2009.

U.S. 1st Circuit Court of Appeals, July 08, 2009
McCullen v. Coakley , No. 08-2310
In an action challenging a statute creating a fixed buffer zone around reproductive health care facilities, district court judgment rejecting the facial challenge and refuseing to enjoin enforcement of the new law is affirmed where: 1) there is nothing in the text or the legislative history of the statute that deprives that statute of content-neutral status, and thus an intermediate scrutiny analysis applies; 2) the statute is a valid time-place-manner regulation that advances a significant governmental interest without burdening substantially more speech than necessary and leaves open adequate alternative channels of communication; 3) plaintiffs' overbreadth argument is without merit as the increased degree of the expansion of the buffer zone in the statute is reasonable, and thus the expansion is not a matter of constitutional significance; and 4) plaintiffs' vagueness argument fails as plaintiffs want to engage in the anti-abortion protests that are proscribed in the atto! rney general's challenged guidance letter, and a party to whose conduct a statute clearly applies may not successfully challenge it for vagueness.

U.S. 2nd Circuit Court of Appeals, July 06, 2009
Pilgrim v. Luther, No. 07-1950
In a prisoner civil rights action, district court's grant of summary judgment for defendant is affirmed where: 1) plaintiff's First Amendment retaliation claim fails as a matter of law as entreaties to activity such as petitions protesting prison conditions are not entitled to First Amendment protection where other less disruptive means of airing grievances are available; and 2) plaintiff's claims that defendant violated his due process rights are without merit as any error on the part of the corrections officer assigned to assisting plaintiff was harmless in light of defendant's owns failures.

U.S. 5th Circuit Court of Appeals, July 10, 2009
Little v. KPMG LLP, No. 08-50100
In an action claiming that Plaintiff accounting firms lost business to Defendant when Defendant's partner practiced without a Texas accounting license, the dismissal of the action is affirmed, where the alleged injury to Plaintiff was too speculative


Continue reading " Findlaw Case Summaries: Constitutional Law " »

Posted On: July 14, 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.

July 8-13, 2009

ADMIRALTY, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, DEBT COLLECTION
Transfield ER Cape Ltd. v. Industrial Carriers Inc., No. 09-1733
In a dispute involving a maritime attachment and garnishment against a corporate alter ego, district court order vacating the attachment is affirmed where, if a corporation is registered with the New York Department of State and therefore found within the district for the purposes of Rule B of the Supplemental Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions, that corporation's alter egos are also found within the district and the property of those alter egos is not subject to maritime attachment.

CIVIL RIGHTS, LABOR & EMPLOYMENT LAW
Harris v. Mills, No. 07-2283
In an employment discrimination action brought under the Americans with Disabilities Act and the Rehabilitation act, district court judgment granting the defendants' motion to dismiss the plaintiff's pro se amended complaint is affirmed where: 1) the district court erred in concluding that claims under Title II of the ADA and the Rehabilitation Act cannot be asserted against individuals in their official capacity; 2) plaintiff's amended complaint fails to state reasonable accommodation claims upon which relief can be granted, as both of his claims are legally insufficient; and 3) plaintiff's due process rights were not violated, as he was given notice and an opportunity to be heard before his petition for reinstatement was denied, and a New York Civil Practice Law and Rules Article 78 post-deprivation hearing.

ERISA, LABOR & EMPLOYMENT LAW, PER CURIAM
Burke v. PricewaterhouseCoopers LLP Long Term Disability Plan, No. 08-1611
In a dispute involving disability insurance benefits, district court judgment dismissing plaintiff's ERISA claim is affirmed where the court was correct to enforce the limitations period of the benefits plan in its entirety, including its prescribed start date, and to dismiss plaintiff's claim as time-barred as it was brought after the expiration of the limitations period

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Daye, No. 08-1012
Sentence for being a felon in possession of a firearm is vacated and remanded where: 1) defendant's prior state conviction for engaging in a sexual act with a minor satisfies the standard articulated in Begay and is therefore a violent felony under the residual clause of the Armed Career Criminal Act; and 2) the District Court must consider of remand whether Defendant's escape conviction constitutes a conviction for a violent felony under Chambers, and whether his two prior state convictions stem from conduct committed on different occasions for purposes of the Act.

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

Posted On: July 13, 2009

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

Update from the Lexis Alert Service,

July 2009.

1. People v. Lasalle, 1006, 3722/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5603; 2009 N.Y. App. Div. LEXIS 5422, July 2, 2009, Decided, July 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. Torres, 1003, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5616; 2009 N.Y. App. Div. LEXIS 5421, July 2, 2009, Decided, July 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 ...
... appellant from a judgment of the Supreme Court, New York County (Carol Berkman, J.), ...

3. People v. Soto, 1007, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5604; 2009 N.Y. App. Div. LEXIS 5431, July 2, 2009, Decided, July 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 ...
... appellant from a judgment of the Supreme Court, New York County (Bonnie Wittner, J.), ...

4. People v. Thomas, 985, 5090/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5636; 2009 N.Y. App. Div. LEXIS 5417, July 2, 2009, Decided, July 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 of resentence, Supreme Court, New York County, (Carol Berkman, J.), ...

5. People v. Zapata, 1000, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5614; 2009 N.Y. App. Div. LEXIS 5411, July 2, 2009, Decided, July 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 ...
... appellant from a judgment of the Supreme Court, New York County (Laura A. Ward, ...

6. People v. Coronel, 975, 9516/98, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5629; 2009 N.Y. App. Div. LEXIS 5414, July 2, 2009, Decided, July 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 (Michael R. Ambrecht, ...

7. People v. Bright, 1010, 5732/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5607; 2009 N.Y. App. Div. LEXIS 5436, July 2, 2009, Decided, July 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 (Eduardo Padro, J.), ...

8. People v. Redd, 1002, 547/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5615; 2009 N.Y. App. Div. LEXIS 5466, July 2, 2009, Decided, July 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 (Ronald A. Zweibel, ...

9. People v. Deoleo, 979, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5632; 2009 N.Y. App. Div. LEXIS 5468, July 2, 2009, Decided, July 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 (Laura Ward, J.), ...

10. People v. Ortega, 981, 51/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5633; 2009 N.Y. App. Div. LEXIS 5470, July 2, 2009, Decided, July 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 (Richard D. Carruthers, .

11. People v. Fernandez, 6694/05, 2871, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 3677; 879 N.Y.S.2d 74; 2009 N.Y. App. Div. LEXIS 3558, May 7, 2009, Decided, May 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 ...
... appeals from a judgment of the Supreme Court, New York County (Carol Berkman, J.), ...
... People v Van Norstrand, 85 NY2d at 136). Accordingly, the judgment of Supreme Court, New York County (Carol Berkman, J.), ...
... trial. All concur. Judgment, Supreme Court, New York County (Carol Berkman, J.), ...

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Posted On: July 7, 2009

Law School Journals and Open Access

On june 15, 2009 we received an interesting question by e-mail regarding law school journals and open access. Somewhat later we received another e-mail from the same person, summarizing the responses to her original query. Due to increasing interest and concern regarding information access issues, including open access to law journals we are posting both the original question and responses below. In order to preserve confidentiality we will not be mentioning names but are very grateful to the legal bibliographer who raised the original question and summarized the responses:

QUESTION:

Do any of your law school journals publish their open access contents through a repository (like DSpace, BePress, etc..), or use a system like OJS-Open Journal Systems (PKP) to publish online? Do they simply post their issues/articles as pdf's to the law school server?

RESPONSES:

-3 libraries said their journals are not open access.

-2 responded that their journals post them as pdf's to the law school server/their journal websites.

-Rob Richards said that he thinks that Utah uses OJS for their journals http://epubs.utah.edu/index.php/ulr (From the website, it looks like that is the case._ He also thought that Northwestern might use Sharepoint for the online versions of its journals, but I have not yet confirmed.

-This summer, Pace [University in New York] has a project adding the entire backfile for all three of our law reviews here at Pace to the Pace Digital Commons. They have finished the Pace International Law Review http://digitalcommons.pace.edu/intlaw/ and are currently working on Pace Law Review http://digitalcommons.pace.edu/lawrev/ . After that, they will do Pace Environmental Law Review http://digitalcommons.pace.edu/envlaw/