10 Top Stories June 19, 2009.
Layoffs BigLaw Voice Mail to Young Attorneys: ‘It’s Not Good News, But Give Us a Call’
Jun 15, 2009, 01:58 pm CDT
Lawyers In Your Living Room! On Television
Michael Asimow, Editor
A new publication from the American Bar Association
“Playing a hard-driven, unscrupulous defense attorney-turned-prosecutor in Shark was a real eye-opener for me as an actor and, more importantly, as a citizen.”
Cyber Bytes from Quinlan Law Enforcement
Identity theft “In a case involving identity theft, the court found that a search warrant for computer data was valid even though its actual wording was overbroad, since the officers executing the search acted in good faith that the warrant was valid. The defendant was a United States postal worker who intercepted certain credit card information from individuals on her route. After an investigation, postal inspectors applied for a warrant to search both the defendant’s home and computers. The warrant was drafted in such a way that it was overbroad in its reference to the computerized data. However, the court found that because the officers believed the warrant to be valid and limited their search in a reasonable manner, the search was not unconstitutional.”
Citation: U.S. v. Otero, 2009 WL 1119657 (10th Cir. 2009)
Hard drive mirror image “In a case in which a prosecutor has complied with its duty to provide discovery by delivering a transcript of evidence from the hard drive of a police computer, the defendant argued that he had the right to obtain a mirror image of the computer hard drive without making a prima facie showing that the information in the transcript was false, incomplete, adulterated, or spoliated. The court concluded that without making such a showing, the defendant had no right to obtain a copy of the hard drive. The defendant was accused of inappropriate sexual conduct with a minor. The state presented evidence that included transcriptions of chat logs obtained from the defendant’s computer. When the defendant requested a mirror image of the hard drive, the state refused. The court concluded that the transcripts were sufficient evidence and that the defendant’s mere speculation that the original hard drive would vindicate him was insufficient to compel the state to produce a mirror image.”
ABA: Focus on Criminal Law and Criminal Justice
A recent listing from ABA Publisging of books which focus on Criminal Law and Criminal Justice.
Do No Wrong: Ethics for Prosecutors and Defenders
By Peter A. Joy and Kevin C. McMunigal
Survey: Recent Changes in Bindery Policies and Procedures in Academic Libraries
Courtney Selby, the Collection Development/Instructional Services Librarian at the Mabee Legal information Center, University of Tulsa has summarized the results of her recent survey:
Last week I sent out a 4 question survey about recent changes in bindery policies and procedures in academic libraries. I received 16 replies (thanks so much!) and wanted to summarize them here. There were a few key similarities that I did want to point out. It looks like budgetary considerations are the primary motivators in most respondents’ review of bindery policies. Some folks did note that space considerations factored into their decisions, and those librarians often indicated that they also chose to discard unbound volumes after 2 to 3 years. Most respondents indicated that they had ceased binding journal titles available in HeinOnline, though most also continued to bind journals and bar materials from their home states. All respondents that mentioned CLE’s noted that they will continue to bind them.
· (budget reasons) stopped all binding except for exceptional cases, such as important books or books that are falling apart
New Publication: CEC Senteniel
Volume 1 Number 1 Spring 2009.
A publication of the Center for Elders and the Courts, National Center for State Courts.
“On behalf of the National Center for State Courts, welcome to the first edition of the CEC Sentinel. We live in challenging times. Simple demographic facts will soon impact every corner of America: There will be more older Americans than at any other time in history, living longer lives…”
Columbia Science and Technology Law Review Goes Open Access
The following is an announcement from Luis Villa, the outgoing Editor-in-Chief of the Columbia Science and Technology Law Review (STLR). Beginning with Volume X STLR will become a “formal open access journal and comply with the recent Durham Statement on open access” and will become the first Columbia journal to publish through the Columbia University Library’s archival quality Academic Commons publication system:
ANNOUNCEMENT AND LETTER:
Most of you know me from past ventures; for those who don’t, my apologies for reaching out to you in this manner, but it is a one-time event that I hope you’ll find it worth your attention.
ABA 2009 Silver Gavel Awards Presentation
An American Bar Association Free Public Program.
The ABA Division for Public Education has asked that the following invitation and registration link be posted:
2009 ABA Silver Gavel Awards Presentation
Uncertainty in Law Circles Over New U.S. Supreme Court Ruling for Judges
Uncertainty in Law Circles Over New Court Ruling for Judges
By JOHN SCHWARTZ Published: June 10, 2009 by the New York Times
“Lawyers across the country said that a Supreme Court ruling on conflicts of interest among elected judges could prompt a deluge of requests for judges to recuse themselves from cases.,,,”
Findlaw Case Summaries: New York Court of Appeals. June 11, 2009.
To view the full-text of this case you must sign in to FindLaw.com. All summaries are produced by Findlaw.
June 11, 2009.
COMMERCIAL LAW, CONSUMER PROTECTION LAW, GOVERNMENT LAW, HEALTH LAW New York v. Smokes-Spirits.com, Inc., No. 92 The Court of Appeals answered the following certified questions from the United States Court of Appeals for the Second Circuit in the negative: 1) Does New York City have standing to assert its claims under General Business Law section 349?; and 2) may the City assert a common law public nuisance claim that is predicated on N.Y. Public Health Law section 1399-ll? Read more…
CONSTITUTIONAL LAW, FAMILY LAW, GOVERNMENT LAW, JUVENILE LAW Anonymous v. Rochester, No. 81 In an action claiming that the juvenile nighttime curfew adopted by the City of Rochester is unconstitutional, the dismissal of the complaint is reversed, where the curfew violated the substantive due process rights of minors to enjoy freedom of movement and of parents to control the upbringing of their children.
CONSTRUCTION, INJURY AND TORT LAW Cunha v. New York, No. 91 In a personal injury action based on injuries sustained by Plaintiff while working at a roadway excavation, judgment for Plaintiff is reversed where, because New York City was only vicariously liable for violating the provisions of the Labor Law at issue, it was entitled to full common-law indemnification from its codefendant, the party actually responsible for the incident.
CRIMINAL LAW & PROCEDURE People v. Decker, No. 102 Defendant’s murder conviction is affirmed where: 1) although there had been a 15-year delay in re-indicting Defendant after the charges were initially dropped, the delay was justified by the witnesses’ fear of testifying against Defendant; and 2) Defendant was not prejudiced by the delay.
CRIMINAL LAW & PROCEDURE, SENTENCING People v. Mingo, No. 94 Defendant’s rape sentence is vacated where, with the proper foundation, internal documents generated by the District Attorney’s office may support a risk level adjudication, but the trial court failed to require such a foundation, and thus the sentencing enhancement applied by the trial court was in error. ..
INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE Petrone v. Fernandez, No. 100 In an action claiming that a dog at Defendant apartment complex owner’s property injured Plaintiff, summary judgment for Defendant is affirmed, where Defendant did not own the dog and had no reason to know of the dog’s vicious propensities.
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