Posted On: October 28, 2009

Taking Action To Help Free Online Access to CRS Reports

This posting is prompted out of concern for the need to provide open, online access to public documents including CRS reports, two e-mails received during the past two weeks, and two recent requests for recent CRS report referenced in a previous post to this blog.

First the e-mails. About a week ago I received a widely distributed e-mail from Emily Feldman, Advocacy Communications Assistant for the American Association of Law Libraries (AALL) framing the issues related free online access to CRS Reports and emphasizing the urgency of taking action now to help get this accomplished. Emily can be contacted at either 202-942-4233 or efeldman@aall.org This was followed up today by an e-mail from a law librarian Susan Nevelow Mart responding to Emily's e-mail and reinforcing Emily's call for action. Here are the two e-mails

From Emily Feldman:

Last week, AALL held a free online advocacy training session, Join AALL’s Advocacy Team: How to Deliver Our Message, with Director of Government Relations Mary Alice Baish, Advocacy Communications Assistant Emily Feldman, and “Advocacy Guru” Stephanie Vance. Many of you on this listserv participated, and we thank you for making this Webinar a success! Webinar resources are now available in AALL’s Advocacy Toolkit and the recorded Webinar will soon be available on AALL2go.

Whether or not you were able to participate in the Webinar, we need your help to keep the momentum going on one of the key topics we covered: free online access to Congressional Research Service (CRS) reports. In the Senate, we need you to put pressure on Sen. Schumer (D-NY), Chairman of the Rules and Administration Committee, to bring S. Res. 118 before the committee immediately. In the House, we need your help in getting additional co-sponsors for H.R. 3762.

We have issued an Action Alert that makes it easy for you to write to your senators and House representatives. The Alert includes our specific asks, sample emails, and links to the Webmail forms of your members of Congress so that you can start writing an email with just a click of your mouse. Please help us ensure access to these valuable, tax-payer funded reports by writing to your members of Congress today!

Thanks,

Emily Feldman
Advocacy Communications Assistant

American Association of Law Libraries
_________________________________________

Susan Nevelow Mart's followup:of 10/28/2009:

About a week ago, Emily Feldman posted an action alert about CRS reports, with a link: http://www.aallnet.org/aallwash/aa10162009.pdf. If you care at all about getting public access to CRS reports, take a look at this link. It not only tells you what is going on in Congress with CRS reports, it lists the sponsors of the legislation, and what to say to them. The alert lists the committee members, and what to say to them. And if your senators and representatives are not sponsors and not on the relevant committees, there’s a message for every other legislator. And it’s all linked. In other words, the alert makes it so easy, if this is an issue you’d like to be heard on, there is no excuse. Please take a look, and just cut and paste and click send your legislators an email.

As for me, I have long been concerned both as a librarian and a concened citizen about the accessibility of public documents including CRS Reports. That concern has been reinforced by the inability of readers to gain access, online or otherwise, to a CRS Report I discussed in a recent posting on this blog,, CRS Report-Juvenile Justice: Life Without Parole., September 14, 2009. Although the Report is summarized at some length, I was unable to post a link to it because no link was yet available. Almost immediately I started receiving inquiries from readers as to how they could obtain a copy of the entire Report. They too were unable to obtain a complete copy. This example points up the need for online access to very recent CRS reports as well as those that have been around awhile.

David Badertscher


Posted On: October 27, 2009

ABA Journal Newsletter for Week Ending October 23, 2009

Ten Top Stories of the Week

Law Practice Management
Check E-Mail Hourly, Quinn Partner Says, Unless in Court, in Tunnel or Asleep
Oct 19, 2009, 11:24 am CDT

Contract Attorneys
Lawyer’s Lament: Pressure to Review 80 Docs an Hour, for $23 an Hour
Oct 21, 2009, 08:52 am CDT

Careers
Placement Office Scrambles at Law School Where 65% of Grads Had No Jobs
Oct 22, 2009, 08:30 am CDT

Legal Innovation
This Week on LegalRebels.com:
Charles Nesson: Post-It-All Prof
Andrew Grech: Taking Stock
Tim Stanley: Big Giver
Mike Roster: The Cost of Value
Law Practice Management
Law Firm to Pay $1.5M to Settle Claims That Ex-Associate Dropped Cases
Oct 19, 2009, 05:22 pm CDT

Trials & Litigation
Suit Alleges Madoff Culture of Drugs and ‘Sexual Deviance’Oct 21, 2009, 06:46 am CDT

Evidence
Dad’s Dumpster Dive Led to $1.8M Win in Phone Records ‘Pretexting’ Case
Oct 19, 2009, 07:26 pm CDT

Careers
The New Untouchables: Lawyers Who Can Imagine a Better Way
Oct 21, 2009, 08:21 am CDT

Attorney Fees
Williams & Connolly Sues Client for $2M, Claims Plan to Harass and Settle
Oct 20, 2009, 07:09 am CDT

Internet Law
Two Yale Law Grads Settle Suit Against Once-Anonymous Online Critics
Oct 22, 2009, 07:23 am CDT

Posted On: October 22, 2009

ABA Criminal Justice Newsletter - Fall 2009

The American Bar Association (ABA), Criminal Justice Section has just published its Fall 2009 Newsletter, Volume 18 Issue 1 Fall 2009. This issue covers a variety of topics including: Practice Tips - Sexting: Balancing the Law and Bad Choices, Three Questions with Charles Hynes, Section Member News, New Books, News from the Field, and Ethics. Also included is a reminder that the ABA Criminal Justice Section Fall Meeting will be held in Washington DC November 5-8, 2009.

Posted On: October 21, 2009

Windows 7: Tips and Best Practices for Simplified Migration

White Paper by Nelson Reust and Danielle Reust

The authors write: " Migration to Windows 7 is a future reality for most. With XP approaching its end of life, and many organizations choosing to skip Vista as an interim step, the new Windows 7 release holds the promise of new features and benefits that include added security, improved manageability and enhanced ease of use. Regardless of the starting point, a migration to Windows 7 is a path that holds as many questions and challenges as it does potential rewards. Planning now can ensure a smooth transition in 2010."

Click here to see the complete paper.

Not everyone is entirely happy with Windows 7. See review below:

Windows 7 review: 'New' OS is just Vista with small changes

Microsoft's Windows 7 has been touted as a new, better-running operating system. But despite the addition of a few handy features, the GCN Lab finds that it looks just like the Vista OS, has a lot of the same annoying quirks as Vista and delivers no difference in performance from Vista.


Posted On: October 21, 2009

Vote for Your Favorite National Book Award Candidate

Want to vote for your favorite National Book Award winner? For the first time ever, the National Book Foundation is polling the reading public. Think of it as a “people’s choice” award. First, the foundation asked 140 top writers to narrow the field to just six titles.

The six contenders are: Invisible Man, Ralph Ellison; The Stories of John Cheever; Collected Stories of William Faulkner, Complete Stories of Flannery O’Connor; The Collected Stories of Eudora Welty; and Gravity’s Rainbow, Thomas Pynchon.

Voting begins today and ends at midnight Oct. 21. Go to www.nationalbook.org to vote.

Urgent Information: We just received this information today, October 21!

Posted On: October 21, 2009

Results of National Center for State Courts e-Filing Survey

Rick Snow of the National Center for State Courts (NCSC) has just announced that results of the NCSC e-filing survey conducted earlier this year are available at . Also, a brief summary of the findings is available on our Court Technology Bulletin at <http://www.ncsconline.org/d_tech/ctb2/view_cs_cont.asp?NCSC_CMS_CONTENT_ID=2531>.

He writes: "We hope you find the results useful. If you have further questions regarding the survey, or would like to respond to the survey for your court or state, please contact Jim McMillan (jmcmillan@ncsc.org) or Rick Snow (rsnow@ncsc.org)."

Posted On: October 21, 2009

CLLB Information Security Newsletter

Volume 2 Number 10 October 2009.

Top Ten Cyber Security Tips

From the Desk of David Badertscher

October is Cyber Security Awareness Month – Our Shared Responsibility
In recognition of the 2009 National Cyber Security Awareness Month, this edition of the newsletter is designed to provide you with the TOP 10 Cyber Security Tips that you can - and should - use to protect your computer system.

Think Before You Click
Always think before you click on links or images in an email, instant message, or on web sites. Be cautious when you receive an attachment from unknown sources. Even if you know and trust the sender of the email, instant message, web site, or a friend's social networking page, it is still prudent to use caution when navigating pages and clicking on links or images.

Use Hard to Guess Passwords
Developing good password practices will help keep your personal information and identity more secure. Passwords should have at least eight characters and include uppercase and lowercase letters, numerals and symbols.

Avoid Phishing Scams
Phishing is a form of identity theft in which the intent is to steal your personal data, such as credit card numbers, passwords, account data, or other information. Do not reply to emails that ask you to “verify your information” or to “confirm your user-id and password.”

Shop Safely Online
When shopping online always know with whom you're dealing. When submitting your purchase information, look for the "lock" icon on the browser's status bar to be sure your information is secure during transmission. Always remember to pay by credit card and keep a paper trail.

Protect Your Identity
When visiting web sites, it's important to know what information is being collected, by whom and how it will be used. Web sites track visitors as they navigate through cyberspace, therefore, data may be collected about you as a result of many of your online activities. Please keep in mind most legitimate web sites include a privacy statement. The privacy statement is usually located at the bottom of the home page and details the type of personally identifiable information the site collects about its visitors, how the information is used - including with whom it may be shared - and how users can control the information that is gathered.

Dispose of Information Properly
Before discarding your computer or portable storage devices, you need to be sure that the data contained on the device has been erased or "wiped." Read/writable media (including your hard drive) should be "wiped" using Department of Defense (DOD) compliant software.

Protect Your Children Online
Discuss and set guidelines and rules for computer use with your child. Post these rules by the computer as a reminder. Familiarize yourself with your child's online activities and maintain a dialogue with your child about what applications they are using. Consider using parental control tools that are provided by some Internet Service Providers and available for purchase as separate software packages.

Protect Your Portable Devices
It is important to make sure you secure your portable devices to protect both the device and the information contained on the device. Always establish a password on all devices. If your device has Bluetooth functionality and it’s 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. Encrypt data and data transmissions whenever possible.

Secure Your Wireless Network
Wireless networks are not as secure as the traditional "wired" networks, but you can minimize the risk on your wireless network by enabling encryption, changing the default password, changing the Service Set Identifier (SSID) name (which is the name of your network) as well as turning off SSID broadcasting and using the MAC filtering feature, which allows you to designate and restrict which computers can connect to your wireless network.

Back-Up Important Files
Back-up your important files minimally on a weekly basis. Don’t risk losing your important documents, images or files!

For more information on the Top 10 Cyber Security Tips,
please visit the MS-ISAC Monthly Cyber Security Newsletter Tips:
www.msisac.org/awareness/news/

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/
_______________________________________

More News:

Incident of the week: Russian company proves that WiFi/wireless networks no longer secure
Foley Hoag LLP ElcomSoft Co. Ltd., a Moscow-based "password recovery" company, has announced that its software can make an encrypted wireless network accessible using only a PC and the innovative computing power of consumer graphics cards from Nvidia.

SEC enforcement action for lax information security after data breach involving independent registered representatives

Sidley Austin LLP

The Securities and Exchange Commission (SEC) has issued another indication that they are serious about information security.

Does the FTC action against Sears cast doubt on the benefit of website privacy policies?

Navy CIO has plans for interlocking security, Web 2.0 tools, and open-source apps

Department of the Navy CIO Robert Carey is pushing to improve security across the department while promoting the use of Web 2.0 tools and open-source software.

IRS wins some, loses a few in fight against identity theft and data loss

The IRS recorded more than 51,000 cases of taxpayer identity theft in 2008 and paid out $15 million in fraudulent refunds, and a GAO report finds that internal information security weaknesses constitute some of the most significant challenges faced by the agency.

Navy CIO has plans for interlocking security, Web 2.0 tools, and open-source apps

Department of the Navy CIO Robert Carey is pushing to improve security across the department while promoting the use of Web 2.0 tools and open-source software.

Posted On: October 20, 2009

New York Criminal Appellate Cases Originating from the New York Suprteme Court New York County

October 20, 2009

Lexis ID and Password Required for online access:








1. People v Tavera, 1178, 2417/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7337; 2009 N.Y. App. Div. LEXIS 7193, October 15, 2009, Decided, October 15, 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 (Charles Solomon, J.),  ...








2. People v. Cochran, 1203, 3466/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7354; 2009 N.Y. App. Div. LEXIS 7217, October 15, 2009, Decided, October 15, 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. Ramirez, 1183, 7190/90, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7341; 2009 N.Y. App. Div. LEXIS 7198, October 15, 2009, Decided, October 15, 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 (Leslie Crocker Synder,  ...








4. People v. Miranda, 1179, 3595/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7338; 2009 N.Y. App. Div. LEXIS 7197, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  ...
Judgment, Supreme Court, New York County (Arlene R. Silverman,  ...








5. People v Ligon, 1191, 2047/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7345; 2009 N.Y. App. Div. LEXIS 7195, October 15, 2009, Decided, October 15, 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.

CORE TERMS: false name, lv denied, warning, incriminating response, personation, suppression, disclosure, lawfully

The People of the State  ...
Judgment, Supreme Court, New York County (Lewis Bart Stone,  ...








6. People v Black, 1181, 2585/06, 1182, 3121/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7340; 2009 N.Y. App. Div. LEXIS 7212, October 15, 2009, Decided, October 15, 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.

CORE TERMS: robbery, interest of justice, lv denied, identification, sentences, weapon, lineup, aggregate term, unlawfully, jury trial ...

The People of the State  ...
... Defendant-Appellant. The People of the State  ...
Judgments, Supreme Court, New York County (Edward J. McLaughlin,  ...








7. People v Feliz, 1171, 5564/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7330; 2009 N.Y. App. Div. LEXIS 7209, October 15, 2009, Decided, October 15, 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.

CORE TERMS: indictment, felony, life imprisonment, punishable, drug laws, criminal sale, controlled substance, life sentences, statutory provisions

The People of the State  ...
Judgment, Supreme Court, New York County (Laura A. Ward,  ...








8. People v. Bryant, 1200, 6821/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7352; 2009 N.Y. App. Div. LEXIS 7218, October 15, 2009, Decided, October 15, 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,  ...








9. People v Smith, 1185, 6273/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7342; 2009 N.Y. App. Div. LEXIS 7210, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  ...
Judgment, Supreme Court, New York County (Maxwell Wiley, J.  ...








10. People v. Teichman, 1206, 5288/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7355; 2009 N.Y. App. Div. LEXIS 7219, October 15, 2009, Decided, October 15, 2009, Entered,  THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION.,  THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State  ...
Judgment, Supreme Court, New York County (William A. Wetzel,  ...








11. People v. Martinez, 1208, 6627/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7357; 2009 N.Y. App. Div. LEXIS 7222, October 15, 2009, Decided, October 15, 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 (Michael Ambrecht, J.  ...








12. People v Bamisile, 1175, 4633/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7334; 2009 N.Y. App. Div. LEXIS 7211, October 15, 2009, Decided, October 15, 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.

CORE TERMS: buttocks, arrestee's, rectum, cheeks, pants, bag

The People of the State  ...
Judgment, Supreme Court, New York County (Rena K. Uviller,  ...


                   

Posted On: October 19, 2009

New York Criminal Law News

October 19, 2009.

Source: LexisNexis

Subscription required for online access:






1. The Daily Record of Rochester (Rochester, NY), October 19, 2009 Monday, COMMENTARY, 687 words, Commentary: Law schools failing their clientele, Nicole Black
... aspirations to start his own criminal defense practice, but  ...
... professional and husband of a criminal defense attorney SMungmung: "The  ...






2. The Daily Record of Rochester (Rochester, NY), October 19, 2009 Monday, NEWS, 1066 words, Neighborhood Focus: Rochester's 14621 area, Colleen M. Farrell
... low-income residents and criminal activity, he said. Vacant  ...






3. The Daily Record of Rochester (Rochester, NY), October 19, 2009 Monday, NEWS, 714 words, Rivera receives maximum in shooting of Rochester Police Officer Anthony DiPonzio, Elizabeth Stull
... juvenile offender law, Penal Law §70.05, as an  ...
... sentencing. The boy was charged with criminal possession of marijuana in the  ...
... VIOLENT CRIME (89%); CRIMINAL LAW (89%); JUVENILE  ...
... LEGISLATIVE BODIES (89%); CRIMINAL OFFENSES (89%); MURDER ( ...






4. The Journal News (Westchester County, New York), October 19, 2009 Monday, NEWS; Pg. NaN, 440 words, Ex-New City couple face fraud charges, Akiko Matsuda
LARCENY & THEFT (90%); INVESTIGATIONS (90%);  ...
... 77%); INDICTMENTS (77%); CRIMINAL OFFENSES (77%); GRAND  ...






5. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section A; Column 0; Editorial Desk; EDITORIAL; Pg. 26, 370 words, Oh, That Account
... investigation into UBS has led to criminal investigations of scores of taxpayers.  ...






6. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section B; Column 0; Business/Financial Desk; LINK BY LINK; Pg. 3, 920 words, Twitter and a Newspaper Untie a Gag Order, By NOAM COHEN
... halls of deliberation -- whether a criminal jury's chambers or an  ...






7. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section A; Column 0; Foreign Desk; Pg. 6, 344 words, Party Rift Grows Wider In Zimbabwe, By CELIA W. DUGGER, JOHANNESBURG
... constitution, used its control of the criminal justice system to selectively  ...






8. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section A; Column 0; Editorial Desk; EDITORIAL; Pg. 26, 1156 words, Fed Up With Albany
... 89%); ETHICS (89%); CRIMINAL OFFENSES (88%); INVESTIGATIONS ( ...
... PUBLIC FINANCE (73%); CRIMINAL CONVICTIONS (73%); LARCENY & THEFT (68%); ARRESTS (68%);  ...






9. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section A; Column 0; Foreign Desk; Pg. 4, 996 words, Love of Designer Clothes Adds Flair to Police Corruption Trial in South Africa, By BARRY BEARAK, JOHANNESBURG
... bits of sensitive information that the criminal found useful. The case could be  ...
... ACCESSORIES STORES (77%); CRIMINAL CONVICTIONS (75%); INTERNATIONAL  ...
INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL) ( ...






10. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section C; Column 0; The Arts/Cultural Desk; THEATER REVIEW 'THE EMPEROR JONES'; Pg. 1, 1260 words, Absolutely Corrupt, By BEN BRANTLEY
... not only of his own criminal past but also of a  ...






11. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section B; Column 0; Business/Financial Desk; Pg. 1, 1086 words, Arrest of Hedge Fund Chief Unsettles the Industry, By MICHAEL J. de la MERCED and ZACHERY KOUWE; Ashlee Vance contributed reporting.
... 52, crossed the line into criminal activity.
... status has been suspended. A criminal complaint filed in  ...






12. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section A; Column 0; Metropolitan Desk; Pg. 20, 1252 words, Indicting DNA Profiles Now Critical in Old Rape Cases, By AL BAKER; Alain Delaqueriere contributed reporting.
... Michael R. Bloomberg's criminal justice coordinator. ''They shouldn't be  ...
... like serial car theft. Many states, including  ...
... robbery or serial car theft. A $500,000  ...
... disappear. The National Association of Criminal Defense Lawyers, in  ...
... DNA from all convicted criminals as well as from all arrestees, as is  ...
... DNA TESTING (90%); CRIMINAL CONVICTIONS (90%); EVIDENCE ( ...
... 89%); FORENSICS (89%); CRIMINAL OFFENSES (89%); ROBBERY ( ...
... LAW SCHOOLS (78%); CRIMINAL LAW (77%); ASSAULT &  ...
... SENTENCING (77%); LARCENY & THEFT (76%); INVESTIGATIONS (74%);  ...
... SENTENCING (72%); VEHICLE THEFT (72%); US STATE  ...






13. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section A; Column 0; Foreign Desk; Pg. 4, 929 words, Twin Bombings Kill 5 Commanders of Revolutionary Guards Corps in Iran, By MICHAEL SLACKMAN; Mona El-Naggar contributed reporting from Riyadh, and Nazila Fathi from Toronto., RIYADH, Saudi Arabia
... promised ''that those who committed such criminal and inhuman acts will  ...






14. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section A; Column 0; National Desk; AMERICAN ALBUM; Pg. 1, 1047 words, Once Convicts' Last Hope, Now an Advocate for Students, By JOHN SCHWARTZ, ATLANTA
... CAPITAL PUNISHMENT (89%); CRIMINAL CONVICTIONS (89%); LAWYERS ( ...






15. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section A; Column 0; National Desk; Pg. 12, 1131 words, Calling Story of Boy and Balloon a Hoax, a Sheriff Will Seek Felony Charges, By BRIAN STELTER; Joseph Berger and Sheelagh McNeill contributed reporting.
... 89%); CHILDREN (89%); CRIMINAL OFFENSES (89%); TELEVISION  ...






16. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section C; Column 0; The Arts/Cultural Desk; ARTS, BRIEFLY; Pg. 2, 92 words, Stage Manager Arrested, By ERIK PIEPENBURG; Compiled by RACHEL LEE HARRIS
ACTORS & ACTRESSES (90%); CRIMINAL OFFENSES (85%); BAIL ( ...






17. The New York Times, October 19, 2009 Monday,  Late Edition - Final, Section A; Column 0; Foreign Desk; Pg. 1, 1217 words, Diverse Sources Pour Cash Into Taliban's War Chest, By ERIC SCHMITT; Carlotta Gall contributed reporting from Kabul, Afghanistan., WASHINGTON
... financing for the Taliban is criminal activity, including kidnappings and  ...






18. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A15, 55 words, CORRECTIONS
GUILTY PLEAS (90%); CRIMINAL ASSAULT & BATTERY (90%);  ...






19. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A02, 525 words, Killer's family out of neighborhood; Son convicted in 1989 slaying of Kelly Ann Tinyes; Parents had stayed in house where body was found, BY MATTHEW CHAYES AND REID J. EPSTEIN
... 91%); HOMICIDE (90%); CRIMINAL CONVICTIONS (89%); FAMILY ( ...






20. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A03, 650 words, Made-for-TV hoax; Sheriff: Balloon ploy was designed to get reality show; Boy's parents expected to face felony charges; Probe looking to see if media outlets was involved, BY DAN ELLIOTT. The Associated Press
... 90%); SHERIFFS (89%); CRIMINAL OFFENSES (89%); TELEVISION  ...






21. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A34, 144 words, NEW YORK CITY: Witnesses sought in attack on Brooklyn man, SOPHIA CHANG AND ANDREW STRICKLER
POLICE FORCES (90%); CRIMINAL OFFENSES (87%); ARRESTS (73%); CRIMINAL CONVICTIONS (71%)






22. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A09, 974 words, Rape claim's fallout; False accusations, as in Hofstra case, take a toll; Experts say accused, accusers pay the price, BY ANN GIVENS
... Ndonye would not face criminal charges as long as she gets  ...
... former president of the Nassau Criminal Courts Bar Association,  ...
... Criticism of Rice's decision The Criminal Courts Bar Association has  ...
... youthful offender status had she been criminally charged with the misdemeanor crime of  ...
... men warranted a criminal charge. Watson said she would have  ...
... DOMESTIC VIOLENCE (71%); CRIMINAL OFFENSES (69%); COMMUNITY  ...






23. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A16, 408 words, SPIN CYCLE: State legislators not in rush to help guv, Dan Janison
... 78%); POLITICS (78%); CRIMINAL CONVICTIONS (78%); CRIMINAL OFFENSES (78%); MEDICAID ( ...






24. Newsday (New York), October 19, 2009 Monday,  ALL EDITIONS, NEWS; Pg. A17, 164 words, Man charged in fatal hit-run, BY MATTHEW CHAYES
... POLICE FORCES (77%); CRIMINAL OFFENSES (72%)






25. Poughkeepsie Journal (New York), October 19, 2009 Monday, NEWS; Pg. 1, 794 words, Mom haunted by fatal '79 hit-and-run, Rasheed Oluwa
... 1 [vehicle one] and the criminal liability that would determine the character of the  ...
... John Jay College of Criminal Justice in New  ...

Posted On: October 14, 2009

Sergey Brin Op-Ed Article: A Library to Last Forever

On October 9, 2009 an Op-Ed article, A LIBRARY TO LAST FOREVER, by Sergey Brin, Co-Founder and President, Technology of Google Inc. was published in the New York Times.in which he discusses Google's rationale for their book project. For the informaation I am including in this post the two final paragraphs of his article, a link to the article itself, and some randomly selected comments in response to his article. Accoring to Mr. Brin: "Google’s books project is a win-win for authors, publishers and Google, but the real winners are readers, who will have access to an expanded world of books" Others are not so sure.

FINAL TWO PARAGRAPHS:

"In the Insurance Year Book 1880-1881, which I found on Google Books, Cornelius Walford chronicles the destruction of dozens of libraries and millions of books, in the hope that such a record will “impress the necessity of something being done” to preserve them. The famous library at Alexandria burned three times, in 48 B.C., A.D. 273 and A.D. 640, as did the Library of Congress, where a fire in 1851 destroyed two-thirds of the collection.

I hope such destruction never happens again, but history would suggest otherwise. More important, even if our cultural heritage stays intact in the world’s foremost libraries, it is effectively lost if no one can access it easily. Many companies, libraries and organizations will play a role in saving and making available the works of the 20th century. Together, authors, publishers and Google are taking just one step toward this goal, but it’s an important step. Let’s not miss this opportunity."

THE ARTICLE:

SOME COMMENTS FROM READERS:

"...If this is such a 'great opportunity' that "cannot be missed" as Mr. Brin says, then let's have the Library of Congress oversee and manage and hold rights to the orphaned content, returning all income to that public trust. And let's find out how devoted Google is to this public project by asking it to donate the content it has already digitally 'appropriated.' "

"The ridiculously self-serving comments about libraries need to be dispelled: libraries are not "disappearing day by day", and you don't have to fly anywhere searching blindly for out-of-print books: you can either look for them yourself on the internet on Worldcat, the public version of the world's largest library database, or you can ask your local librarian to find your titles and have them brought to you through their interlibrary loan system. None of this is news to anyone, and someone who intends to become the world's monopoly provider of out-of-print digital books already knows that his statements here are deliberately exaggerated and misleading.

Being an avid Google user, I for one find the google books an extremely useful addition to it's many other functions. I also fail to see what the problem is. Google is doing something that will benefit everyone. "

"As an author I have used Google books extensively, even finding things about rural Ohio in the Harvard Library collection. ...However, the only sure way something can be read is to keep it in text form on a piece of paper. Many digital applications have come and gone - or even a format such as tape recording. Digital is convenient, but much important scientific data has been lost because it could not be read from the recording format."

Libraries still do exist to effectively organize and provide access to information in a variety of forms. Google might want to investigate beyond its own campus before presuming to offer a solution to a problem that is arguably self-serving in the guise of altruism."

"...If what Google has done is such a great idea, and so nobly motivated, then surely Segey Brin won't object if Google's code and data are used and redistributed, at profit, by others, without consultation or prior arrangement. ".

"... There remain clear goals for librarians to collect, describe and provide access and these goals will continue whether the librarian works for a public library, private library or digital library."


Posted On: October 9, 2009

American Bar Association Justice Center Director and Chief Counsel Hired

The ABA Justice Center is pleased to announce the hiring of Peter M. Koelling as the ABA Justice Center Director and Chief Counsel. Please click here for more detailed information.

Posted On: October 9, 2009

ABA Journal Weekly Newslettetter

Top Ten Stories for Week Ending October 9, 2009.

Law Practice Management
Some BigLaw Leaders Still Ponder: How Low Can Associate Salaries Go?
Oct 6, 2009, 12:07 pm CDT

Law Firms
Nixon Peabody Hiring Partner: Student Recruitment Model Is 'Antiquated'
Oct 5, 2009, 10:58 am CDT

Celebrities
Tom Cruise Makes Surprise Visit to Harvard Entertainment Law Class
Oct 6, 2009, 03:15 pm CDT

Law Firms
Hogan & Hartson and Lovells in Merger Talks
Oct 8, 2009, 10:43 am CDT

Legal Innovation
On LegalRebels.com This Week:

Erica Moeser: A Bar for All
Ralph Baxter: The Re-Engineer
Jeffrey Carr: Business Unusual
Free Legal Rebels Webinar: Why Twitter Matters to Lawyers

U.S. Supreme Court
Sotomayor Speaks 'Early and Often' in Oral Arguments
Oct 6, 2009, 07:04 am CDT

Careers
Ex-NBA Playing Lawyer Is 'Gun Shy' of Big Firms After Short Dreier Stint
Oct 7, 2009, 11:48 am CDT

Careers
Why Law Firm Interviewers Are Asking 'Tell Me About a Time' Questions
Oct 7, 2009, 09:47 am CDT

Careers
Lawyer Loses Unemployment Cash Because of $1.30 in Daily Blog Income
Oct 8, 2009, 07:11 am CDT

U.S. Supreme Court
A 'Visibly Angry' Justice Scalia Ponders 'Some Conglomerate of a Cross'
Oct 8, 2009, 08:41 am CDT

Posted On: October 7, 2009

History of the New York County Supreme Court Libraries

Histories of libraries are important because they help to both validate the existence of libraries and authenticate their records of service over time. This is why we are so grateful to our colleague Julie Gick for writing and granting us permission to post her meticulously researched article, HISTORY OF THE NEW YORK COUNTY SUPREME COURT LIBRARIES, on this blog. It includes information about both the Civil Term and the Criminal Term libraries of the New York County Supreme Court and certainly meets the criteria mentioned above regarding the importance of library histories. We encourage you to read this very informative and entertaining article

David Badertscher.

Note: This article has been updated to include additional information provided by the author on October 27, 2008

History of the New York County Supreme Court Libraries

BY Julie Gick*

Beginnings
The New York County Supreme Court Law Library’s enabling statute was Chapter 722, Laws of 1865, effective May 12, 1865, although Griswold gives a starting date of 1852. (1)
The library was first known as the New York Law Library, and justices of the Supreme Court of the First Judicial District were its trustees.

The statute required trustees of the State Library to place in the new library any duplicate books in their possession which they deemed proper and the Clerk of the Court of Appeals was required to send one copy of the printed cases and points in all Court of Appeal cases. Any person who willfully injured any of the books, furniture or property of the new library was guilty of a misdemeanor. The sum of $5000 was appropriated for the use of the library. In 1879 the librarian’s salary was $1,500. The New York Times expressed concern about the court’s expenditures. (2)

Buildings

32chambers1.JPG

The law library was first located at 32 Chambers Street. This building is variously known as the Court of General Sessions, Marine Court and City Court. (3) The architect may have been John McComb,Jr. who designed the new City Hall and other buildings in the area.

52chambers.jpg

Architects John Kellum and Leipold Eidlitz designed the Tweed Courthouse, 52 Chambers Street at an estimated cost of $11-12 million. Also known as the Old New York County Courthouse, the library relocated to this new facility when it was completed in 1881. Over the years the library served as a lounge room, reference room, and sometimes as a courtroom. Although a handsome edifice the courthouse suffered from inadequate space and unsanitary conditions. The deaths of several justices and many clerks and court officers had been attributed to a malodorous and pestilential atmosphere pervading certain courtrooms. (4)

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After the appellate branch was created effective January 1, 1896, the books and the Supreme Court librarian were assigned to the new court’s temporary quarters on the third floor at 111 Fifth Avenue corner of 18th Street. The Supreme Court Library was replaced by books from other courts, and an assistant librarian was hired to maintain its collection. In 1900 the Appellate Division 1st Department moved to its present quarters at 27 Madison Avenue. James B. Lord was the architect. He completed the building under budget for approximately $630,000. He died of a lingering illness said to be directly caused by a court proceeding. (5)

43chambers.jpg

In 1907 the Emigrant Industrial Savings Bank, located at 49 Chambers Street, purchased the adjoining property at 43 - 47 Chambers Street. An architect named Raymond F. Almirall was hired to design a new building for the entire expanded lot. This was completed in 1912. At seventeen stories it was one of the tallest of the early skyscrapers in the downtown area. On March 15, 1912 the justices of the Supreme Court decided to move their offices and the library to this building. The library was located on the 12th floor. It was 25 x 100 feet and contained 5110 feet of shelving. (6)

60centre_1.jpg

The present day New York County Courthouse, 60 Centre Street, was completed in 1927 at an estimated cost of $30,000,000. It was modified into a hexagonal structure from the original plan. The architect was Guy Lowell who in 1913 won a competition for his striking circular design. A week before the scheduled opening, Mr. Lowell died suddenly in Madeira, Spain. This is the home of the Supreme Court Civil Term Law Library. (7)

100centre.jpg

The New York County Supreme Court Criminal Term Law Library is located in the Criminal Courts Building. This edifice was completed in 1938 at a cost of $14 million, and was designed by architects Wiley Corbett and Charles B. Meyers. Until the merger in 1962 the Law Library served as the library for the Court of General Sessions which had its own impressive history. The first Presiding Judge (then called a Recorder) was James Graham who served from 1683 to 1688. At the time it was discontinued and made part of the Supreme Court in 1962, the Court of General Sessions was known as the oldest continuously functioning criminal court in the United States. (8)

bronx.jpg

Prior to the creation of the 12th Judicial District Bronx Supreme Court Library was a part of the New York Supreme Court 1st JD. The courthouse was built in 1933 at a cost of $8 million and designed by Max Hausel and Joseph H. Freedlander. It is also known as the Mario Merola Building. (9)

pubacc.jpg

The New York County Courts Public Access Law Library opened February 14, 1995 and provides legal materials and information to the public. It is located at 80 Centre Street. The building, completed 1928-1930 at a cost $6 million was designed by William E. Haugaard, the state architect, under a height restriction so that it would not overshadow the nearby courthouses. (10)


Continue reading " History of the New York County Supreme Court Libraries " »

Posted On: October 6, 2009

CRS Report - Juvenile Justice: Life Without Parole

BY: Alison M. Smith, Legislative Attorney, Congressional Research Service (CRS)
September 14, 2009.

SUMMARY OF REPORT:

Some question whether the United States justice system appropriately handles juvenile offenders.

Since the late 1960s, the juvenile justice system has undergone significant modifications resulting from U.S. Supreme Court decisions, changes in federal and state law, and the growing perception that juveniles are increasingly involved in more serious and violent crimes. Consequently, at both the federal and state levels, the treatment of juvenile offenders has shifted from a mostly rehabilitative system to a more punitive one, with serious ramifications for juvenile offenders.

One of these ramifications, sentencing juvenile offenders to life imprisonment without the
possibility of parole, continues to be a source of debate at both the state and national levels. For example, H.R. 2289, the Juvenile Justice Accountability and Improvement Act of 2009, would, if enacted, establish requirements for states to meet in order to retain eligibility for grant funding. Specifically, the bill requires states to provide all juvenile offenders a chance at parole at specified intervals during incarceration. This bill strives to strike a balance between holding
juveniles accountable for their actions, while at the same time providing them with an incentive to work toward rehabilitation while in prison.

In addition to the penological, moral, and legislative issues presented by a sentence of life without parole (LWOP) for juvenile offenders, courts are beginning to address the constitutionality under the U.S. Constitution’s Eighth Amendment of sentencing juveniles to long prison terms. The Supreme Court’s Eighth Amendment jurisprudence has divided Justices for years, resulting in a series of 5-4 decisions.

The Supreme Court has held that the Eighth Amendment’s prohibition on cruel and unusual punishment prohibits not only barbaric punishments, but also sentences that are
disproportionate to the crime. In capital cases, the Court has found the death penalty
disproportionate for crimes such as rape and felony murder. In later death penalty cases, the Court shifted from a punishment-crime methodology to a punishment-offender culpability methodology.

In finding the death penalty unconstitutional for mentally retarded and juvenile offenders, the
Court considered the physical characteristics of the offender and focused the proportionality
inquiry on the offender’s reduced culpability. In Roper v. Simmons, 543 U.S. 551 (2005), the
Supreme Court recognized an established and evolving national consensus that quantifiable
behavioral and cognitive limitations diminish the moral culpability of juvenile offenders and,
consequently, impact their appropriate punishment. As such, the Court held that the death penalty is unconstitutional for juvenile offenders.

One question the Court left open is whether a minor’s reduced culpability can be a factor to mitigate additional sentencing options, or whether it applies only in capital cases. Is sentencing a juvenile offender to life without the possibility of parole sufficiently analogous to the death penalty to warrant an extension of Roper?

The Supreme Court granted certiorari in two cases that may answer some of these questions. In
Graham v. Florida, the defendant was earlier convicted of committing an armed robbery and
assault. While on probation for these offenses, he committed a home invasion and robbery while
in possession of a firearm. Upon revocation of his probation, the defendant was sentenced to
LWOP. In Sullivan v. Florida, the defendant was 13 when he received the same sentence for a
sexual assault committed during a burglary. The Court’s resolutions in these cases are likely to
have a significant impact on the treatment of juvenile offenders at both the federal and state
levels.

This report examines Eighth Amendment jurisprudence and the legal issues involved with
juvenile LWOP sentences, and will be updated as events warrant.

Posted On: October 6, 2009

Health Care Update as of the Beginning of October 2009

Through various means, both web based and print, we are monitoring as best we can discussions related to the ongoing health care discussions. Below is an edited and excerpted version of some information we received recently from GalleryWatch in Washington, DC. We would like to share it with you. This updates our earlier posting on the Criminal Law Library Blog
____________________________

You might have noticed over the past little while that the Senate Finance Committee has been marking up a bill to reform our health care system.( see links following this discussion to the October 1 version of the bill from the Finance Committee and to a list dated October 5, 2009 of technical corrections to that bill).

This week,[last of September and beginning of October 2009] the last regular committee markup session on health care reform legislation wound down in the Senate Finance Committee. A conceptual draft proposal offered by Chairman Max Baucus (D-Mont.) was amended with over 40 changes as of Thursday evening. CongressNow reported Thursday that the committee adopted an amendment offered by Sen. Maria Cantwell (D-Wash.) that creates optional state-level public insurance plans.

The committee started its session with more than 500 possible amendments and considered over 100 amendments. There were reports Tuesday on the adopted amendments from last week's sessions and the committee defeated proposals to add a public insurance option offered by Sens. Jay Rockefeller (D-W.Va.) and Charles Schumer (D-N.Y.) on Tuesday afternoon. Roll Call reported Wednesday morning that Rockefeller and Schumer are optimistic about the chance of new amendments on a public insurance option on the Senate floor.

On Wednesday, the committee rejected several amendments (view first and second amendments) restricting abortion coverage offered by Sen. Orrin Hatch (R-Utah) and another amendment requiring identity verification offered by ranking member Chuck Grassley (R-Iowa). Also on Wednesday the committee adopted an amendment by Sen. Bill Nelson (D-Fla.) that allows senior citizens to deduct health expenses. CongressNow also reported Wednesday on Democratic efforts to tweak the tax treatment of high-end insurance plans.

TEXT OF AMERICA'S HEALTH FUTURE ACT OF 2009, AS AMENDED 10-02-09

TECHNICAL CORRECTIONS TO AMERICA'S HEALTH FUTURE ACT OF 2009, OCTOBER 5, 2009.

As Gallerywatch also notes: "With all the activity by the Senate Finance Committee, don’t forget about the two other health care bills out there, HR 3200 from the House and the Senate HELP Committee’s bill S 1679, named in honor of the late Senator Kennedy"

Posted On: October 6, 2009

ABA Program - Cybercrime, Data Breaches and Red Flags: The Next Wave

As we becme increasingly dependant on information transmitted and stored in digital formats, ssues related to cybercrime are rapidly becoming central to all areas of the law. This is not stated as a criticism but rather as a fact that must be addressed by whatever means possible, including programs such as the one described below::

The White House announces a Cyberspace Policy review, proclaims a national security concern and appoints a czar; the FTC is about to issue "Red Flag" ID-theft compliance plan mandates; the Computer Hacking and Intellectual Property (CHIPS) units at DOJ and various U.S. Attorney's Offices are gearing up; and "hacking" and HIPAA prosecutions are on the rise. Get the picture?

Whether you provide compliance/governance advice to corporations, counsel corporations about data breach crisis-response, or defend individuals, getting up to speed on where we are and where we are going is critical. An experienced panel of prosecutors, defense lawyers and cyber-experts will discuss these and other issues.

Moderator:
Ronald H. Levine, Esq., Partner and White Collar Practice Chair at Post & Schell, PC

Panelists:
Michael L. Levy, Esq,. United States Attorney, Eastern District of Pennsylvania
Ronald E. Plesco, Jr., President & CEO, National Cyber Forensic Training Alliance (NCFTA)
Meredith S. Auten, Esq., Partner, Morgan, Lewis & Bockius LLP
Kenneth R. Sharpe, Esq., Deputy Attorney General, New Jersey Attorney General's Office

When: 6:00-8:00 p.m. (Beverages and light fare from 6:00-7:00 p.m.)
Thursday, October 15, 2009

Where: Post and Schell, P.C.
Four Penn Center
1600 JFK Boulevard, 13th Floor
Philadelphia, PA

This program is sponsored by the ABA Criminal Justice Section White Collar Crime Committee Mid-Atlantic Region and Young Lawyers Subcommittees.

*Complimentary CLE (MCLE Credits have been applied for in Del., NJ, PA and VA)

RSVP to Robert Snoddy at snoddyr@staff.abanet.org or 202/662-1516


--------------------------------------------------------------------------------

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Posted On: October 5, 2009

Findlaw Case Summaries: Criminal Law and Procedure - September 28 - October 2, 2009

September 28 - October 2, 2009.

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

U.S. 1st Circuit Court of Appeals, October 01, 2009
US v. Torres-Oliveras, No. 07-2720
Sentence and conviction of defendant for drug-related crimes is affirmed where: 1) defendant's appeal waiver is valid, and thus, direct appeal of his conviction and sentence is not permitted under the terms of the waiver to which he assented; 2) district court did not abuse its discretion in denying defendant's pro se motion for modification of his term of imprisonment as he stipulated to possession with intent to distribute powder cocaine, and the revised guideline regarding crack cocaine possession was simply not applicable; and 3) defendant's Kimbrough claim is rejected.

U.S. 2nd Circuit Court of Appeals, September 28, 2009
Dunlap v. Burge, No. 07-0592
In a robbery prosecution, grant of petitioner's habeas petition is reversed where the district court erred in failing to accord the deference required by 28 U.S.C. section 2254(d) to the state court's evaluation of the pretrial identification procedures used by the police.

U.S. 2nd Circuit Court of Appeals, September 28, 2009
Jova v. Smith, No. 08-2816
In an action by prisoners claiming that defendant prison personnel infringed their right to practice their religion under the Religious Land Use and Institutionalized Persons Act, summary judgment for defendants is affirmed in part where the restrictions imposed on plaintiffs' practice were justified by powerful security and administrative interests, but reversed in part where defendants did not demonstrate that the religious/meatless alternative menu was the least restrictive means of furthering their compelling administrative interests.

Continue reading " Findlaw Case Summaries: Criminal Law and Procedure - September 28 - October 2, 2009 " »

Posted On: October 5, 2009

Findlaw Case Summaries - Constitutional Law September 28 - October 2, 2009

September 28 - October 2, 2009.

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

U.S. 1st Circuit Court of Appeals, September 28, 2009
Chiang v. Skeirik, No. 08-2105
District court's dismissal of plaintiff's amended complaint arising from a denial of his petition for a fiancee visa is affirmed where: 1) district court did not err in dismissing plaintiff's claim that his visa was improperly denied as he failed to state a plausible entitlement to relief; 2) district court did not err in dismissing plaintiff's Bivens claims as he failed to name any officers in their individual capacities in the first amended complaint and a Bivens claim does not lie against the United States; and 3) district court did not abuse its discretion in denying plaintiff's motion to file a second amended complaint as it would have been futile. .

U.S. 1st Circuit Court of Appeals, October 01, 2009
Remexcel Managerial Consultants, Inc. v. Arlequin, No. 08-1753
In a political discrimination case against a municipality in Puerto Rico, default judgment against defendants is affirmed where the district court did not abuse its discretion in entering the default judgment for repeated discovery violations, and the law of the case doctrine bars defendants' attempt to re-argue the adequacy of plaintiffs' complaint.

U.S. 2nd Circuit Court of Appeals, September 28, 2009
Frontera Resources Azerbaijan Corp. v. State Oil Co. of Azerbaijan, No. 07-1815
In a petition to confirm a Swedish arbitral award against the government of Azerbaijan, dismissal of the petition for lack of jurisdiction is reversed where the district court erred by holding that foreign states and their agents are entitled to rights under the Due Process Clause.


Continue reading " Findlaw Case Summaries - Constitutional Law September 28 - October 2, 2009 " »

Posted On: October 2, 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:

September 30 - October 2, 2009.

View FindLaw's new Case Summary Blog for the U.S. 2nd Circuit Court of Appeals

CIVIL PROCEDURE, CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE
Roberts v. Babkiewicz, No. 08-3858
In a 42 U.S.C. section 1983 action alleging malicious prosecution, dismissal of the action is reversed where it was unclear that the criminal charge against plaintiff that the state dropped was necessarily related to or arose from the same circumstances as the criminal offense to which plaintiff pleaded guilty, and thus it was unclear under Connecticut law whether the dismissal of the underlying criminal offense resulted in a "favorable termination." ..

ERISA, LABOR & EMPLOYMENT LAW
Ladouceur v. Credit Lyonnais, No. 07-4040
In an ERISA action alleging a breach of fiduciary duty based on changes to an employee benefit plan, summary judgment for defendants is affirmed where oral promises cannot vary the terms of a written ERISA plan.

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

Posted On: October 2, 2009

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

Update from the Lexis Alert Service,

October 2,2009

1. People v Ferrer, 1096, 2459/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6779; 2009 N.Y. App. Div. LEXIS 6611, October 1, 2009, Decided, October 1, 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 (Renee White, J.), ...

2. People v Garcia, 1088, 1093/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6772; 2009 N.Y. App. Div. LEXIS 6612, October 1, 2009, Decided, October 1, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Gregory Carro, J. ...

3. People v Rivera, 1093, 314/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6776; 2009 N.Y. App. Div. LEXIS 6615, October 1, 2009, Decided, October 1, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Robert Stolz, J.), ...

4. People v Leak, 1085, 6196/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6769; 2009 N.Y. App. Div. LEXIS 6616, October 1, 2009, Decided, October 1, 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, ...

5. People v Jameson, 1091, 6630/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6774; 2009 N.Y. App. Div. LEXIS 6621, October 1, 2009, Decided, October 1, 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: October 2, 2009

ABA Journal Newsletter for Week Ending October 2, 2009

Top Ten Stories for Week Ending October 2 2009.

In-House Counsel
Citigroup GC Has No Sympathy for Law Firms Seeking Premium Fees
Sep 28, 2009, 08:52 am CDT

Law Firms
Summer Associates Report Fear, Anxiety and Lots of Food
Sep 29, 2009, 10:16 am CDT

U.S. Supreme Court
Scalia Worries Gifted Litigators Should Be Doing Something More Productive
Oct 1, 2009, 08:28 am CDT

Law Practice Innovation

Legal Rebels This Week
Charles J. Hynes: Jail Breaker
Suzanne E. Turner: Global Pro Bono
Rex Gradeless: Follow the Tweeter
Q&A With Rex Gradeless on Why Social Media Matters for Lawyers
Mike Dillon: Open Blog Policy

Law Firms
Suits for Unpaid Legal Fees in Top 10 for Stupidity, Lawyer Says
Sep 30, 2009, 07:06 am CDT

Tort Law
Big Law Firms Face Legal Malpractice Suits Over Unraveling Ponzi Schemes
Sep 29, 2009, 07:33 am CDT

Legal Ethics
Bad Behavior as Airline Passenger Grounds Attorney from Law Practice
Sep 28, 2009, 05:05 pm CDT

Law Practice Management
Chadbourne Indefinitely Defers About 12 Incoming Associates, Will Pay $60K
Sep 28, 2009, 03:53 pm CDT

Careers
Former Paul Weiss Lawyer is Busy Giving Away Much of His $2.7B
Sep 30, 2009, 04:41 pm CDT

Sentencing/Post Conviction
Stanford Law Grad Gets Home Detention for Unpaid Taxes on Escort Earnings
Sep 29, 2009, 08:35 am CDT


Posted On: October 1, 2009

United States v. Justin K. Dorvee - Appellant Brief

Occasionally we are asked by lawyers preparing briefs if we would consider posting the final product on this blog. In this instance we are posting an appellant brief for the New York Sourt of Appeals Second Circuit case United States v. Justin K. Dorvee. The brief was prepared by Paul J. Angioletti, attorney for the defendant. We are grateful to Mr. Angioletti for submitting his brief for posting on this blog.

The information immediately below is taken from the introductory sections to give you a quick overview of the issues involved. It is followed by a link to the complete text of the brief, which you can upload.

BRIEF FOR DEFENDANT-APPELLANT JUSTIN K. DORVEE

PRELIMINARY STATEMENT

Defendant Justin K. Dorvee appeals from the final appealable Judgment of the
United States District Court for the Northern District of New York (Thomas J.
McAvoy, J.), entered on February 12, 2009, convicting him upon plea of guilty of the
crime of Distribution of Child Pornography [18 U.S.C. §§ 2252A (a)(2)(A), (b)(1) &
2256(8)(A)] and sentencing him principally to 240 months, with Dorvee given credit
pursuant to U.S.S.G. § 5G1.3 for six months and fourteen days for which he would not
Numbers in parentheses preceded by “A” refer to the pages 1 of Appellant’s Appendix.
numbers in parentheses preceded by “P” refer to the pages of the plea; numbers in parentheses
preceded by “S” refer to the pages of the sentencing. otherwise receive credit by the Bureau of Prisons (A 9-15).1 The sentence was to run concurrently with a New York state court sentence.

Dorvee was also sentenced to lifetime supervised release. Timely notice of appeal was filed on February 12, 2009

By order dated March 9, 2009, this Court appointed Paul J. Angioletti as
counsel for Dorvee pursuant to the Criminal Justice Act.

Dorvee is currently incarcerated pursuant to this judgment of conviction at
Otisville Federal Correctional Institution in Otisville, New York.

SUBJECT MATTER AND JURISDICTION

The district court had jurisdiction over this matter pursuant to 18 U.S.C. § 3231.
This Court has jurisdiction over this direct appeal from a conviction in the district
court pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291.

ISSUES PRESENTED
1. WHETHER THE DISTRICT COURT
MISTAKENLY BELIEVED THAT THE 240-MONTH
STATUTORY MAXIMUM SENTENCE IT IMPOSED
WAS A BELOW GUIDELINES SENTENCE?
WHETHER THE DISTRICT COURT ERRED IN
IMPOSING SEVERAL § 2G2.2 ENHANCEMENTS?

See: U.S. v. Durvee 09-0648-cr Appellant Brief

NOTE: As a bonus, I am including with this posting a link to an article recommended to me by Paul Angioleetti. Here is his comment:

"This is a link to an interesting article on 'Questions Presented' in appellate briefs"
http://www.alwd.org/JALWD/CurrentIssues/2009/Fischer_2.html