West Reference Attorneys http://westreferenceatt.3fivelab.com Summer Associate Blog Fri, 23 Aug 2013 20:27:21 +0000 en-US 1.2 http://westreferenceatt.3fivelab.com http://westreferenceatt.3fivelab.com 1westblogmgmtwest.blog.referenceattorneys@thomsonreuters.com 7Mike C.mike.carlson@thomsonreuters.com 15Casey H.casey.hall@thomsonreuters.com 22Tom P.tom.perusse@thomsonreuters.com 23Savita H.savita.harjani@thomsonreuters.com 25Chas Neffcharles.neff@thomsonreuters.com 29Mark M.mark.maynes@thomsonreuters.com 57Vincentvincent@3five.com 61West-Reference-Attorneyswestelearning@thomsonreuters.com http://wordpress.org/?v=3.4.2 Creating a Customized Tab http://westreferenceatt.3fivelab.com/?p=786 Thu, 27 May 2010 17:54:37 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=786 Westlaw contains numerous topic/practice area specific tabs.  Despite having 111 different topical/practice area tabs, and tabs for all federal and state jurisdictions, Westlaw does not have an oil spill tab.  Reference attorneys have fielded numerous calls since the BP oil rig explosion on April 20th, 2010 about oil litigation.  Since Westlaw has not created an oil spill tab, users could create one. Westlaw enables users to create customized tabs where you can add and remove databases to create a tab specific to your own litigation needs.  Creating a tab is a simple process.  First, click add a tab in the upper right hand corner on the Westlaw screen under the sign off button and the research trail link.  Three tabs will appear in the middle of the screen, click “Create a tab”.   Once you have, Westlaw asks you to name your tab.  I’ve named mine, oil spill.   Once you’venamed the tab, it appears at the top with the rest of your Westlawtabs.  At this point, you can add databases and remove databases by clicking the edit boxes on each category.   Adding fed-filing-all to the tab would allow you to search for pleadings filed in the federal court involving British Petroleum (BP).  To do this, click the edit link in the box where you want to add it.  Then type fed-filing-all  in the box next to "add database.  Then click add.  You can now select fed-filing-all to run searches.  Running the search ti(british /2 petroleum) & da(2010) in fed-filing-all results in two documents.  You now have your very own oil spill tab.]]> 786 2010-05-27 10:54:37 2010-05-27 17:54:37 open open draft 0 0 post 0 jd_tweet_this ks_metadata Lindsay Lohan: Legally Blonde? http://westreferenceatt.3fivelab.com/?p=1498 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1498 probation violations. What you may not have heard is that Lilo, outraged by her sentence, took a stab at legal commentary and posted part of an article written by Washington & Lee Professor  Erik Luna wrote about the federal sentencing guidelines in 2002 on Twitter. Here’s what she tweeted:
“November 1 marked the 15th anniversary of the U.S. Sentencing Guidelines. But there were no celebrations, parades, or other festivities in honor of this punishment scheme created by Congress and the U.S. Sentencing Commission. Instead, the day passed like most others during the last 15 years: Scores of federal defendants sentenced under a constitutionally perverted system that saps moral judgment through its mechanical rules.”
Where Miss Lohan misses the mark is that she was sentenced by a state court for a state offense that is not subject to the federal sentencing guidelines. Also, Prof. Luna’s article is no longer applicable. In 2005 the Supreme Court made the guidelines advisory not mandatory. (see my former blog post). I initially thought that perhaps Prof. Luna's article was in our JLR database that includes legal journals and law reviews. My search brought back zero documents. I moved over to ALLNEWS just to see if perhaps the article was in a more tradional news publication. I found it in the Chicago Daily Law Bulletin. If you'd like to recreate the search to read the document the search I ran was: au(Erik /2 Luna). This pulls back five documents. The now infamous article is #4. Remember when you're doing your legal research to look in related databases--you might be surprised! ]]>
1498 2013-08-23 15:20:57 0000-00-00 00:00:00 open open draft 0 0 post 0 _edit_last _topsy_cache_timestamp jd_tweet_this
Tracking U.S. v. Arizona http://westreferenceatt.3fivelab.com/?p=1682 Tue, 27 Jul 2010 14:51:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1682 lawsuit brought by the United States against Arizona regarding Arizona’s Senate Bill 1070, you can go to the docket (2:10-CV-01413) by clicking here: UNITED STATES OF AMERICA V. ARIZONA, STATE OF, ET AL. After accessing the docket, click “Track this Docket” at the top of the screen.  Name your alert and select your delivery settings to receive email alerts for  new filings in this docket. Many of the entries have links to  PDF images so you can read the actual documents that have been filed. ]]> 1682 2010-07-27 09:51:46 2010-07-27 14:51:46 open open draft 0 0 post 0 jd_tweet_this _topsy_cache_timestamp Test http://westreferenceatt.3fivelab.com/?p=2913 Sun, 31 Oct 2010 11:44:27 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2913 ]]> 2913 2010-10-31 06:44:27 2010-10-31 11:44:27 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp Which Way Points East? http://westreferenceatt.3fivelab.com/?p=4985 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4985 The Hindu, one of India’s highest circulating newspapers, which describes  the conflict and its accompanying peace process under the designation “West Asia.” Though eminently accurate on a geographic score, I couldn’t recall ever before encountering the term “West Asia” used in the place of the more western-centric terms “Middle east,” “Mid-east,” or “Near east.”  This led me to wonder whether “West Asia” is a parochial curiosity of the Indian press, or whether the term enjoys a wider currency and has simply eluded my notice. Searching the leading news sources from India reveals that the term “West Asia” is frequently employed along side or in the place of its western equivalents.
"WEST ASIA!" /3 conflict peace /P ISRAEL! PALESTIN! (571 Docs) TIMESINDIA,STATESMAN,INDIATDY,HINDU
"MIDDLE EAST!" MID-EAST "NEAR EAST!" /3 CONFLICT PEACE /P ISRAEL! PALESTIN! %te("WEST ASIAN!") (223 Docs) TIMESINDIA,STATESMAN,INDIATDY,HINDU
"WEST ASIA!" /3 CONFLICT PEACE /P ISRAEL! PALESTIN! %te("middle east" "mid-east" "near east") (513 Docs) TIMESINDIA,STATESMAN,INDIATDY,HINDU
  Running the same basic search in American and British sources yields no results.  The same holds true for the Israeli and Arab press.
"west asia!" /3 conflict peace /p israel! palestin! (0 Docs) TOPUKNP,NPMJ
"west asia!" /3 conflict peace /p israel! palestin! (0 Docs) HAARETZ,JERUSP,JPCL,JERLMRPT
"west asian!" /3 conflict peace /p israel! palestin! (0 Docs) ALAHRAM,ALARABIYA,AL-BAWABANWS,ALGOMHURIAH,ALSHORFAME,ALJAZEERANET,DARALHAYAT
  While these searches seem to confirm that “West Asia,” as a term, is a bit of an eastern curiosity, India’s press is not the only one to dabble in such parochialisms.  The designation “Judea and Samaria,” for example, is commonly employed in the Israeli and American press as a stand in for the “West Bank.”  By contrast, the Arab press employs the term almost exclusively to quote or critique Israeli policy.   In the Indian press, the term appears almost not at all.  
te(judea /5 samaria) (2728 Docs) NPMJ
te(judea /5 samaria) (5027 Docs) HAARETZ,JERUSP,JPCL,JERLMRPT
te(judea /5 samaria) (42 Docs) ALAHRAM,ALARABIYA,AL-BAWABANWS,ALGOMHURIAH,ALSHORFAME,ALJAZEERANET,DARALHAYAT
te(judea /2 samaria) (15 Docs) TIMESINDIA,STATESMAN,INDIATDY,HINDU
These searches offer the simple reminder that language can tell us as much about the author as the topic being discussed.]]>
4985 2013-08-23 15:23:40 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last
I Always Feel Like Somebody's Watching Me http://westreferenceatt.3fivelab.com/?p=5044 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5044 5044 2013-08-23 15:23:40 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed Youth Wasted on the Young http://westreferenceatt.3fivelab.com/?p=5071 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5071 5071 2013-08-23 15:23:38 0000-00-00 00:00:00 open open draft 0 0 post 0 _edit_last _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed http://westreferenceatt.3fivelab.com/?p=5082 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5082 5082 2013-08-23 15:23:39 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last Issues dotting the legal landscape related to Social Media and Social Networking* – Part I http://westreferenceatt.3fivelab.com/?p=5158 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5158
  • Privacy and Personal Information: Suits by subscribers or users of the social networking sites against such social media companies for misappropriation of personal information is certainly one area that is generating a lot of legal buzz. It impacts us all. Even if I don’t voluntarily put my personal information online, how do I stop a niece from posting my picture on Facebook. At some level, one has to accept that the concept of privacy has changed and must submit to some of the newly defined, looser definitions of privacy. For a general search on the subject I tried a plain language search in WestlawNext in All State and All Federal Category: misappropriation of personal information and invasion of privacy on social networking websites such as facebook myspace. There are legal issues arising not only based on how social media companies are utilizing the personal information that has been voluntarily put up on their websites, but there is litigation related to such sites  affirmatively accessing other personal information on the users’ computer or mobile device. A suit filed this year accuses Facebook of monitoring a user’s internet activity even after the user logs off Facebook. In WestlawNext, see, Julian CARROLL, On behalf of himself and all others similarly situated, ...e Corporation, Defendant., N.D.Cal. January 24, 2012, 2012 WL 251630.
  •  
    • Litigation issues: Service and Discovery issues: Litigants on either side of the case are utilizing data, information, photographs, videos posted on social networking websites as part of discovery and cases are being won and lost based on parties’ willing participation on social networking sites with unintended but serious consequences.  It might be wise to think before one clicks the buttons for “like”, “post”, “follow” etc. because all this data will probably exist in perpetuity and one never knows what might come back to haunt one. “As Facebook and Google track every click you make, the data increasingly are the subject of subpoenas …” See, Pretrial Involving Facebook, MySpace, LinkedIn, Twitter, and Other Social Networking Tools, 121 Am. Jur. Proof of Facts 3d 1 (Originally published in 2011). This article is quite comprehensive with great information on the subject of pre-trial issues related to social networking. Some other articles of interest on the subject: See, § 92:33. Emerging trends in social media sites and other electronic information, 8 Bus. & Com. Litig. Fed. Cts. § 92:33 (3d ed.) and § 106:32. Discovery of privacy social media information, 10 Bus. & Com. Litig. Fed. Cts. § 106:32 (3d ed.) Social networking sites are even starting to give legal service a whole new dimension. Although, by no means an established method for service of process, here is an interesting article where the author discusses a case in which an Australian Court authorized the service of a default judgment via Facebook. See, Schultz, Comment, SUPERPOKED AND SERVED: SERVICE OF PROCESS VIA SOCIAL NETWORKING SITES, URMDLR43 U. Rich. L. Rev. 1497 (2009).
     
    • Jurors and Social Media: In U.S. v. Fumo, 655 F.3d 288 (C.A.3 (Pa.), 2011), the Third Circuit citing another case stated, ““The theory of our system,” wrote Justice Holmes, “is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of private talk or public print.” Patterson v. Colorado, 205 U.S. 454, 462, 27 S.Ct. 556, 51 L.Ed. 879 (1907). Justice Holmes, of course, never encountered a juror who “tweets” during the trial.” I remember the story about Steve Martin tweeting while on jury duty awaiting selection. This particular instance was hilarious but certainly not funny given that juror misconduct costs our judicial system in terms of time, money, effort and justice. In re the Steve Martin article, here are some of the comments from a Los Angeles Times article, “Tweeting over the last couple of days, the stand-up comedian, movie star, musician and author has regaled his 380,000-plus followers on Twitter with observations inspired by the legal process unfolding before him. Using his Twitter name @SteveMartinToGo, the prospective juror at 12:10 p.m. Monday tweeted: "REPORT FROM JURY DUTY: defendant looks like a murderer. GUILTY.  Waiting for opening remarks." A follower named @luvjack713 warned: "If you're really on jury duty you could get into trouble tweeting from it AND announcing he's guilty!!! Careful  Steve!" He quickly responded: "(I'm kidding) Shhhh....." And then he kept at it: "REPORT FROM JURY DUTY: guy I thought was up for murder turns out to be defense attorney. I bet he murdered someone anyway.””  Steve Martin jokes about jury duty, 2010 WLNR 25276826. I came across another interesting article published in the Omaha World Herald entitled: Only in The World-Herald: Some jurors guilty of not-so-smartphone behavior; 2012 WLNR 2218751. This article discusses the various scenarios in which jurors have gotten into trouble for use of social media and networking while on jury duty. In WestlawNext if you try a search such as  tweeting and friending as a juror, the search brings up a lot of great information on the subject in multiple content categories.
    There are multiple other interesting legal issues related to social media such as intellectual property rights, cybersquatting and typosquatting, antitrust, SPAM related issues, criminal law, employment law, tort issues and the list goes on and on. More on these issues in my next blog:  Issues dotting the legal landscape related to Social Media and Social Networking – Part II *Most links in the article will take the reader to WestlawNext. If you need to find the article in Westlaw.com, in most instances, copying and pasting the citation into Westlaw.com should work.]]>
    5158 2013-08-23 15:20:57 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _wp_jd_clig _jd_twitter _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp
    http://westreferenceatt.3fivelab.com/?p=5165 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5165 NPR story , Why Didn't Passengers Panic?,  relating how cultural norms supplant panic mode in emergencies that take their horrible sweet time to play themselves out: Yes, we're self-interested, Savage says. But we're also part of a society. Given time, societal conventions can trump our natural self-interest. A hundred years ago, women and children always went first. Men were stoic. On the Titanic, there was enough time for these norms to assert themselves.    ]]> 5165 2013-08-23 15:23:39 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_twitter _wp_jd_wp _wp_jd_bitly _jd_tweet_this _wp_jd_clig _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last Victim Impact Statements http://westreferenceatt.3fivelab.com/?p=5186 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5186 5186 2013-08-23 15:23:38 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last Facebook Has Gone Public – Zuckerburg Still in Control http://westreferenceatt.3fivelab.com/?p=5299 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5299 CN(facebook) & FLNUM(333-179287) & AD(aft 04/30/2012).  The intrigue of Facebook, makes even a securities filing an extremely interesting read. The Prospectus provides details of the offering and Page 12 of the Prospectus lists the “Risk Factors” for investing in Class A common stock of Facebook. I find it so interesting that one of the risk factors listed is, “Our CEO has control over key decision making as a result of his control of a majority of our voting stock.” After the IPO Mark Zuckerburg controls approximately 55.9% of the voting power of the Facebook’s outstanding capital stock. This makes Facebook a “controlled company” under the corporate governance rules for NASDAQ-listed companies. Page 80 of the Prospectus includes a letter from Mark Zuckerburg that gives insight into his business philosophy and may be one of the more relevant factors for anyone contemplating investing in the company.
    “Facebook was not originally created to be a company. It was built to accomplish a social mission -- to make the world more open and connected.    We think it's important that everyone who invests in Facebook understands what this mission means to us, how we make decisions and why we do the things we do. I will try to outline our approach in this letter.    At Facebook, we're inspired by technologies that have revolutionized how people spread and consume information. We often talk about inventions like the printing  press and the television -- by simply making communication more efficient, they  led to a complete transformation of many important parts of society. They gave more people a voice. They encouraged progress. They changed the way society was organized. They brought us closer together.    Today, our society has reached another tipping point. We live at a moment when the majority of people in the world have access to the internet or mobile phones -- the raw tools necessary to start sharing what they're thinking, feeling and doing with whomever they want. Facebook aspires to build the services that give people the power to share and help them once again transform many of our core institutions and industries.    There is a huge need and a huge opportunity to get everyone in the world connected, to give everyone a voice and to help transform society for the future. The scale of the technology and infrastructure that must be built is unprecedented, and we believe this is the most important problem we can focus on.    We hope to strengthen how people relate to each other.  Even if our mission sounds big, it starts small -- with the relationship between two people.    Personal relationships are the fundamental unit of our society. Relationships are how we discover new ideas, understand our world and ultimately derive long-term happiness.    At Facebook, we build tools to help people connect with the people they want and share what they want, and by doing this we are extending people's capacity to build and maintain relationships.  People sharing more -- even if just with their close friends or families -- creates a more open culture and leads to a better understanding of the lives and perspectives of others. We believe that this creates a greater number of stronger relationships between people, and that it helps people get exposed to a greater number of diverse perspectives.    By helping people form these connections, we hope to rewire the way people spread and consume information. We think the world's information infrastructure should resemble the social graph -- a network built from the bottom up or peer-to-peer, rather than the monolithic, top-down structure that has existed to date. We also believe that giving people control over what they share is a  fundamental principle of this rewiring.    We have already helped more than 900 million people map out more than 100 billion connections so far, and our goal is to help this rewiring accelerate.    We hope to improve how people connect to businesses and the economy.    We think a more open and connected world will help create a stronger economy with more authentic businesses that build better products and services.    As people share more, they have access to more opinions from the people they trust about the products and services they use. This makes it easier to discover the best products and improve the quality and efficiency of their lives.”
    With the IPO fresh on everyone’s minds, there are supporters and there are those who believe Facebook is overpriced. As Mr. Zuckerburg holds the controlling shares, the world continues to watch this young man’s performance. Will Facebook continue to make it?]]>
    5299 2013-08-23 15:23:19 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title
    ‘Til Death Do you Part…Literally…for Some Same Sex Couples http://westreferenceatt.3fivelab.com/?p=5744 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5744 Port v. Cowan, 2012 WL 1758629 (2012) The Circuit Court held that since Maryland only recognizes marriages between a man and a woman, they could not dissolve same-sex marriages that were invalid in the state. The Court of Appeals held that since Maryland liberally recognizes foreign marriages and there is no clear mandate in the statutes that would prohibit granting same-sex divorces, Maryland should grant such divorces. To learn more about this issue, I tried a search in All State law in WestlawNext for same-sex gay (not +3 man /3 woman) /p divorce dissol! /p valid! recogniz! /s marriage /s state. When I looked through the cases, I found that some states like Connecticut and Georgia deny divorces to same-sex couples and others, such as Wyoming and New York (before it was legal, will grant dissolution to same-sex marriages.Texas seems to be split on the issue: a court in Austin TX (State v. Naylor, 330 S.W.3d 434 (Tex.App.-Austin 2011)) did grant a divorce for a same-sex couple but a court in Dallas would not (In re Marriage of J.B. and H.B., 326 S.W.3d 654 (Tex.App.-Dallas 2010)). States also have statutes that relate to their recognition of a same-sex marriage solemnized in another state. See, for example, Michigan’s statute (M.C.L.A. 551.1). Also, several law review articles and journals have addressed the issue: Oppenheimer, No Exit: The Problem of Same-Sex Divorce, 90 N.C. L. Rev. 73 (Dec. 2011); Ramais, ‘Til Death Do You Part…and This Time We Mean It: Denial of Access to Divorce for Same-Sex Couples, 2010 U. Ill. L. Rev. 1013 (2010), Byrn, Same-sex Divorce in a DOMA State, 50 Fam. Ct. Rev. 214 (April 2012). No doubt courts will continue to decide cases for same-sex divorce and legislatures will be passing additional legislation to address same-sex divorce. Setting WestClip Alerts in ALLSTATES and ST-BILLTXT for same-sex gay (not +3 man /3 woman) /p divorce dissol! marriage union will keep you up to date on this divisive and quickly changing issue.]]> 5744 2013-08-23 15:23:15 0000-00-00 00:00:00 open open draft 0 0 post 0 _edit_last The Trick to Beat the Heat http://westreferenceatt.3fivelab.com/?p=5861 Fri, 20 Jul 2012 20:33:53 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5861 2012 WL 2577210.  I never knew exactly what this meant, but a quick WestlawNext search for “Federal Disaster” turned up 14 A.L.R. Fed 2d 173, which gives some nice background on disaster relief legislation. All that research may come in handy in the near future, as calls have been increasing for the president to declare an emergency in relation to the current nation-wide heat wave.  As most readers will know, it’s been one of the hottest summers on record, with significant swaths of the country experiencing serious drought. The heat has been around for what feels like months, but this is an apt time to look at the (potential) legal consequences of it, for two reasons.  First, the extreme heat will likely be over by the end of the week*, and second, we recently passed the 110 year anniversary of the Air Conditioner.  7/17/12 Economist.com 00:00:00 (article titled “it’s the humidity”). The modern Air Conditioner, designed by Mr. Willis Carrier, debuted on July 17, 1902, as a powerful dehumidification device for a printer.   If this summer is any indication, his invention will have a long future ahead of it.   Research References The federal disaster declaration I referenced above was just the first one to show up for a search for federal /2 disaster in PRES-OBAMA, a database collecting certain official documents and press releases pertaining to the President. For news on disaster relief requests, I searched for ("heat wave" drought & "federal disaster") & DA(aft 01-19-2012) in ALLNEWS. After giving us A/C, Mr. Carrier appears to have spent much of the rest of his life devising new and different devices for environmental control.  To see his work, I tried the following search in US-PATPRE76: inv(willis /2 carrier). *If we say it enough, it might happen.  Do you have a better idea?]]> 5861 2012-07-20 15:33:53 2012-07-20 20:33:53 open open the-trick-to-beat-the-heat draft 0 0 post 0 _slidedeck_slide_title _edit_last Corporate Criminal Liability – BP to Plead Guilty http://westreferenceatt.3fivelab.com/?p=6675 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6675 DN(2:12CR00292). BP has agreed to plead guilty to the criminal charges and has agreed to pay $4.5 Billion in criminal fines which includes $525 Million to the SEC. The BP criminal charges raise fascinating legal issues – corporate criminal liability. A corporation has its own legal status and is separate from the people working for it. But the corporation has no mind and is incapable of having the requisite mens rea, the intent do wrong for many crimes that require such an intent.  A corporation does not have a body and cannot be put in jail. Then what does it mean to hold a corporation criminally responsible? In the early days, it was thought that corporations could not be prosecuted for crimes because no mind, no body. But the recent past has altered this thinking a great deal, particularly in the wake of cases such as Enron, Arthur Andersen to name but a couple - and now BP. Many state and federal statutes subject corporations to criminal liability. Courts have also judicially sanctioned holding corporations criminally responsible for acts of employees and agents. If you are interested in further exploring this topic, please see research references below. Research References related to BP criminal charges: USA v. BP Exploration And Production, Inc., DN(2:12CR00292)(1) Content: Louisiana Federal District Court Dockets - Eastern District Docket Alert: Set up a Docket Alert to be notified of new developments in this case DA(AFTER 11/14/2012) & pr,ca,ti(B.P.) & SETTL! & CRIM!(271) Content: News Research References related to Corporate Criminal Liability: corporate criminal liability (6,176) Content: Cases Jurisdiction: All State & Federal to(101) /p corporat! /7 criminal! /7 liab! responsib!(292) Content: Cases Jurisdiction: All State & Federal corporat! /10 criminal! /10 liab! responsib!(716) Content: Statutes & Court Rules Jurisdiction: All State & Federal pr,ca,ti(corporat! /5 criminal! /5 liab! responsib!)(510) Content: Secondary Sources Jurisdiction: All State & Federal]]> 6675 2013-08-23 15:20:57 0000-00-00 00:00:00 open open draft 0 0 post 0 _edit_last _topsy_cache_timestamp Does A Transsexual Have A Constitutional Right To A Sex Change Operation While Incarcerated? http://westreferenceatt.3fivelab.com/?p=6691 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6691 Kosilek v. Spencer, 2012 WL 5240014. Judge Wolf has allowed a motion to stay pending appeal. The facts of this case are interesting and raise intriguing legal issues. In a complaint filed in December 2000, alleging that the Massachusetts Department of Corrections and some other defendants had engaged in illegal denial of medical and mental health services and refusal to treat Kosilek’s medical condition in violation of First, Fourth, Fifth, Eighth and Fourteenth Amendments. Kosilek was born Robert Kosilek and now is known as Michelle Kosilek.  Kosilek alleged that she suffers from a medical condition known as transsexualism, a severe form of Gender Identity Disorder. Kosilek is anatomically a male but has always identified psychologically as female. Kosilek claimed that the universal prescribed treatment involves psychotherapy, hormone therapy and surgical correction of the offending genitalia which she has been denied by the Massachusetts Department of Corrections. Kosilek raises many interesting questions. Has transsexualism been recognized as a serious medical condition? Does a transsexual inmate have a right to therapy or treatment or sex change operation while incarcerated? Should biological males suffering from transsexualism be incarcerated in a woman’s prison? Should taxpayers foot the bill for such sex-change operations? See the Research References below. Research References to the Kosilek Case: Kosilek v. Spencer, 2012 WL 5240014, D.Mass. October 24, 2012 Search: ti(kosilek) (9) Content: Massachusetts Federal District Court Cases Jurisdiction: DCTMA Kosilek v. Department of Corrections Docket advanced: DN(1:00CV12455) (1) Content: Massachusetts Federal District Court Dockets General Research References Related to Transsexualism: Search: Is transsexualism a serious medical condition (92) Content: Cases Jurisdiction: All State & Federal Search: does a transsexual have a constitutional right to any therapy or treatment while incarcerated (53) Content: Cases Jurisdiction: All State & Federal does a transsexual have a constitutional right to sex change operation while incarcerated (56) Content: Cases Jurisdiction: All State & Federal trans-sex! trans-gender /p incarcerat! prison! jail! imprison! (386) Content: Cases Jurisdiction: All State & Federal adv: 310k204 (24) Content: Cases Jurisdiction: All State & Federal Topic number 310 is for Prisons and key number 204 under that is for Transsexuals; sex-change operations Should biological males suffering from transsexualism be incarcerated in a men's prison (68) Content: Cases Jurisdiction: All State & Federal Should biological males suffering from transsexualism be incarcerated in a woman’s prison (69) Content: Cases Jurisdiction: All State & Federal Search: tax! /p trans-sexual trans-gender g.i.d. gender-identity /p prision! incarcerat! jail! imprison! (10) Content: Secondary Sources Jurisdiction: All State & Federal]]> 6691 2013-08-23 15:20:57 0000-00-00 00:00:00 open open draft 0 0 post 0 _edit_last _topsy_cache_timestamp _slidedeck_slide_title Citing Authority http://westreferenceatt.3fivelab.com/?p=6952 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6952 tells the story of a classy response from two Skadden partners recently "bench-slapped" for failing to cite governing authority in a brief:
    A federal judge in Chicago issued an order to show cause, requiring the Skadden lawyers to explain why they should not be sanctioned for failing to cite a highly relevant (arguably dispositive) Seventh Circuit case when briefing a motion to dismiss.
    The relevant KeyNumber for sanctions for failure to cite authority is  170Ak2787.  Nation -wide there are 50 cases with that KeyNumber.  ATL also notes Chicago judges tend to be more, in ATL's words, "crotchety."  And, interestingly, the majority of decisions come from the 7th Circuit and from district courts within the 7th circuit.  It's not fair, of course, to put that on the judges....or the weather. Search on WestlawNext in All State and Federal Jurisdictions:

    adv: 170Ak2787

           ]]>
    6952 2013-08-23 15:20:57 0000-00-00 00:00:00 open open draft 0 0 post 0 _edit_last _slidedeck_slide_title
    Online Privacy http://westreferenceatt.3fivelab.com/?p=6971 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6971 6971 2013-08-23 15:20:57 0000-00-00 00:00:00 open open draft 0 0 post 0 _edit_last Florida Medical Malpractice Act: pre-suit requirement that defendant be a “health care provider” http://westreferenceatt.3fivelab.com/?p=7278 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7278 F.S.A. s. 766.104, 766.106, 766.203. There is very little case law that sheds light into what a “health care provider” is in the context of this act. However, the District Court of Appeal of Florida has recently given some guidance on this point in Pierrot vs. Osceola Mental Health, 106 So.3d 491 (Fla. 2013). In Pierrot, the issue was whether or not the defendant, a mental health facility, is a “health care provider” under the act. The court explained that the Florida Medical Malpractice at does not specifically define what a “health care provider” in the sections of 766.104, 766.106 and 766.203. Pierrot at 494 To solve the problem the Pierrot court looked to Weinstock vs. Groth, 629 So.2d 835 (Fla. 1993).  The Weinstock court was faced with a the same task of determining whether or not an entity was a “health care provider”.  The Pierrot court explained:
     in Weinstock, our supreme court resolved this omission by looking at the whole of chapter 766's definitions to determine whether the defendant was a health care provider.  Pierrot at 494.
    Following Weinstock, the Pierrot court decided to look at all of chapter 766 for a definition of “health care provider” and to apply this definition to sections 766.104, 766.106 and 766.203.  In looking more broadly at the entire chapter, the court decided to apply the definition found in section 766.202(4), which specifically defines “health care provider”. The Pierrot court then used the definition of “health care provider” in section 766.202(4) to ultimately conclude after analysis, that the defendant in its case did not meet the definition. While the defendant did not meet the definition, the court at least gave some guidance for future courts. Note that this case has been appealed to the Florida Supreme Court.  ]]>
    7278 2013-08-23 15:20:57 0000-00-00 00:00:00 open open draft 0 0 post 0 _edit_last _slidedeck_slide_title
    http://westreferenceatt.3fivelab.com/?p=7348 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7348 Wellogix Inc. v. Accenture LLP, No. 11-20816, 2013 WL 2096356 (5th Cir. May 15, 2013)

    Wetslaw Journal Article: 2013 WL 2225375

      misappropriation of trade secret]]>
    7348 2013-08-23 15:20:58 0000-00-00 00:00:00 open open draft 0 0 post 0 _edit_last
    Court in Wi-Lan Patent Suit issues Markman Order http://westreferenceatt.3fivelab.com/?p=2614 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2614 here.  The order is still being loaded to Westlaw.   The court’s decision is a “Markman” order, a type of order in patent cases in which the court construes terms for the parties. In this case, the terms “base station” and “consumer premises equipment” were among the terms being construed. We have had more than a few calls regarding these orders from individuals who did not realize that West has added new databases specifically for Markman orders, as well as documents filed by the parties associated with Markman orders.  The database identifiers are MARKMAN-ORDERS or MARKMAN-ALL for the database that combines filings and orders.  Coverage begins with the year 2000.]]> 2614 2013-08-23 15:24:27 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last Court considers anti-gay protests at funerals http://westreferenceatt.3fivelab.com/?p=2713 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2713 ]]> 2713 2013-08-23 15:24:27 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_twitter _wp_jd_bitly _wp_jd_clig _jd_tweet_this _wp_jd_yourls _wp_jd_wp _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last Using Topical Databases http://westreferenceatt.3fivelab.com/?p=2994 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2994 reading various stories recently on the most recent issue involving the death penalty, namely the shortage of one of the drugs used during the lethal injection process. There are topical databases for a number of document types, such as cases, statutes, secondary sources, and even court documents such as briefs and motions.  To use the death penalty example, there are various topical databases one could use, including caselaw (e.g., Federal Death Penalty Cases (FDP-CS) and Multistate Death Penalty Cases (MDP-CS)), statutes (e.g., Federal Death Penalty Statutes (FDP-USCA) and Multistate Death Penalty Statutes (MDP-ST)), and secondary sources (Death Penalty Texts and Periodicals (DP-TP)). Of course, there are topical databases on a wealth of other areas of law as well, such as bankruptcy, insurance, intellectual property, tax, and securities, to name a few.  See the Topical Materials by Area of Practicesection of the Westlaw Directory for an exhaustive list.  For those of you using WestlawNext, use the Topics tab to access materials broken down by area of law.]]> 2994 2013-08-23 15:24:26 0000-00-00 00:00:00 open open draft 0 0 post 0 _topsy_cache_timestamp _edit_last _slidedeck_slide_title http://westreferenceatt.3fivelab.com/?p=3198 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3198 Saudis urging the U.S. to attack Iran.  Another Royal scandalHillary Clinton ordering her diplomats to spy… The Wikileaks saga continues with the latest “dumping” of over 250,000 diplomatic cables.  The fallout – and its impact on the individuals caught up in these missives – will be immeasurable.  The fallout for one individual though is fairly certain: Private First Class Bradley Manning.  Pfc. Manning is the U.S. military member allegedly responsible for illegally downloading these and other classified files (onto a CD-rom disguised as a Lady Gaga album) and making them available to Wikileaks.org.  Pfc. Manning. 23, is currently detained and awaiting court martial for his role in these leaks.  He stands charged with “transferring classified data” and “delivering national defense information to an unauthorized source.”  He faces 52 years in jail if found guilty.  If you’re curious about military law, you can access the Uniform Code of Military Justice on Westlaw searching in FMIL-USCA for pr("uniform code of military justice").  A natural language search of “leaking information” in Shanor and Hogue's National Security and Military Law in a Nutshell retrieves 17 articles.  A broader plain language search through all secondary sources on WestlawNext for the phrase “leaking classified military information” results in 125 documents – including articles entitled Prosecuting the Press:  Criminal Liability for the Act of Publishing and The Classified Information Protection Act:  Killing the Messenger of Killing the Message?  According to the New York Times, Manning once wrote, “I wouldn’t mind going to prison for the rest of my life, or being executed so much if it wasn’t for the possibility of having pictures of me plastered all over the world press.”  Given these words, perhaps it is safe to assume he understood the life-altering implications of his alleged actions.]]> 3198 2013-08-23 15:24:25 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last Amica not Amicus http://westreferenceatt.3fivelab.com/?p=3210 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3210 notes that the feminine for amicus is amica.]]> 3210 2013-08-23 15:24:25 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last http://westreferenceatt.3fivelab.com/?p=3289 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3289 832 PLI/Lit 97  This paper gives us a Judge’s view of the amendment. Four major changes were made to Federal Rule of Civil Procedure, Rule 26, all relating to experts.  You will find below a summary of the changes to Rule 26. 
    1. The first change relates to what must be disclosed in an expert report.  The relevant terms have been modified from “data and other information” to “facts or data”.
     
    1.  The second change is the addition of a provision regarding witnesses who are not required to provide an expert written report.  The change requires these witnesses to provide a summary disclosure of facts and opinions.
     
    1.  The third change specifically provides work product protection to drafts of expert reports and disclosure. 
     
    1. The fourth change provides work product protection to attorney-expert communication, regardless of the form, with a few exceptions.  What follows is a more thorough discussion of each of the above changes.
      Rule 26(a)(2)(B) The first major change is found in Rule 26(a)(2)(B)(ii) and amends what must be included in an expert report.  The change eliminates from the phrase “data or other information” the terms “or other information” and adds the word “facts.”  Therefore, now the expert report must contain “facts or data considered by the witness in forming [their opinions].” The elimination of the terms “or other information” is quite significant.  The Courts had interpreted this language as allowing discovery of draft expert reports and communications between attorney and expert.  This led to increased litigation costs as attorneys had to hire multiple experts – one expert to testify and multiple other experts to consult on theories of the case.  The new phrase “facts or data” is intended to eliminate discovery into mental impressions of the attorney disclosed to the expert as well as theories of the case.  I anticipate litigation challenging and seeking clarification of the phrase “facts or data.” Rule 26(a)(2)(C)   This sub-section is entirely new and is intended to provide summary disclosure by those witnesses who may testify as a fact witness as well as provide expert testimony under Federal Rules of Evidence 702, 703 and 705, but are not required to submit an expert report under 26(a)(2)(B).  The most well known example of this is a treating physician.  This summary disclosure shall contain “a summary of the facts and opinions on which the witness shall testify” as well as “subject matter on which the witness is expected to present evidence.” I expect litigation regarding this new section until the Courts set the parameters of this required disclosure.  The only guidance given in the Committee Notes is that this disclosure shall be considerably less extensive than a Rule 26(a)(2)(B) report.  The Courts should also not require great detail as these witnesses have not been retained by counsel. Rule 26(b)(4)(B)   This sub-section was added to provide the work product protection of 26(b)(3)(A) & (B) for drafts of any expert reports or disclosures.  Protection applies “regardless of the form in which the draft is recorded.”  Rule 26(b)(4)(C)   This sub-section is added to provide the work product protection of 26(b)(3)(A) & (B) to attorney expert communication, again “regardless of the form”  with the following exceptions for facts, assumptions and pay - specifically: -          Attorney provided facts or data considered by an expert; -          Attorney provided assumptions relied upon by an expert; -          Communications related to compensation. The exception of facts provided by the attorney and the assumptions relied upon by the expert is limited to identifying the facts, not their relevance to the case.  For example, attorney-expert communications regarding a hypothetical would not be discoverable because they are not facts considered nor assumptions relied upon by the expert. Remember, a party seeking discovery beyond this limitation is permitted in limited circumstances to request a Court order under Rule 26(b)(3)(A). But they must show substantial need for said discovery and establish that they cannot obtain the equivalent without undue hardship.  This is a difficult burden.]]>
    3289 2013-08-23 15:24:24 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last
    The Federal Circuit Ruled that MoneyGram doesn’t have to Send Money Fast to Western Union http://westreferenceatt.3fivelab.com/?p=3300 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3300 2010 WL 4942124.   The Federal Circuit held Western Union’s patents invalid as a matter of law for obviousness.  A prior art system owned by Orlandi Valuta called Red Phone used technology which didn’t require customers to fill out forms to transfer money.  Western Union later acquired Orlandi Valuta, and its claimed patents were to address the shortcomings of the Valuta system.  However, the court held that because of the prior art system Red Phone, Western Union’s “asserted claims would have been obvious as a matter of law.” Westlaw has many sources of information to help with your prior art searching.  You can search other patents which may be related to your invention in the US Granted, Applications and Assignments (US-PAT-ALL) database.  Additionally, Westlaw has international patents including patents from Japan (JP-PAT-ALL), Korea (KR-PAT-ALL), Asia Pacific (ASIAPAC-ALL), China (CN-PAT-ALL), United Kingdom (UK-PAT-ALL), Germany (DE-PAT-ALL), France (FR-PAT-ALL), and European patents (EURO-PAT-ALL). For example, try the following search in US-PAT-ALL: ti,clm,ab(money /3 transfer! /5 system technolog!) (323 Docs) Searching in a news database like ALLNEWSPLUS will also be helpful for prior art searching (see the search below). transfer! /3 money /5 system method! technolog! /25 patent! (185 Docs)]]> 3300 2013-08-23 15:24:06 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title http://westreferenceatt.3fivelab.com/?p=3350 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3350 sizable wrongful death verdict was recently obtained against the Lorillard Tobacco Company, manufacturer of such brands of cigarettes as Newport and Kent.  Representatives of the estate of Marie Evans, who died of lung cancer in 2002, filed the suit in the Massachusetts Superior Court in 2004.  The verdict summary, available on Westlaw at 2010 WL 5145125, breaks down the damages awarded:  $21,000,000.00 to plaintiff from defendant Lorillard Tobacco for decedent's loss of services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice $50,000,000.00 to plaintiff from defendant Lorillard Tobacco for decedent's conscious pain and suffering $81,000,000.00 to plaintiff from defendant Lorillard Tobacco for punitive damages The verdict summary also links to court documents from the case, including the complaint, which includes a rather startling allegation:  “Starting in or about 1957 and continuing for several years thereafter, Marie Evans attended Newport cigarette giveaway events conducted by Lorillard in her neighborhood in or near the Orchard Park housing project in Roxbury, Massachusetts. Ms. Evans was a young child when Lorillard agents and/or representatives handed her free sample packs of Newport cigarettes. Over the next several years, Ms. Evans attended many Newport cigarette giveaway events in these locations. On most of these occasions, Ms. Evans was given samples of Newport cigarettes by Lorillard agents and/or representatives. At no time during any of these giveaway events did any Lorillard agent and/or representative refuse to give Marie Evans samples of Newport cigarettes because of her age.”
       
    In an unsurprising development, Lorillard released a statement following the verdict stating its intention to appeal.]]>
    3350 2013-08-23 15:24:05 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_tweet_this _jd_twitter
    http://westreferenceatt.3fivelab.com/?p=3351 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3351 sizable wrongful death verdict was recently obtained against the Lorillard Tobacco Company, manufacturer of such brands of cigarettes as Newport and Kent.  Representatives of the estate of Marie Evans, who died of lung cancer in 2002, filed the suit in the Massachusetts Superior Court in 2004. The verdict summary, available on Westlaw at 2010 WL 5145125, breaks down the damages awarded: $21,000,000.00 to plaintiff from defendant Lorillard Tobacco for decedent's loss of services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice $50,000,000.00 to plaintiff from defendant Lorillard Tobacco for decedent's conscious pain and suffering $81,000,000.00 to plaintiff from defendant Lorillard Tobacco for punitive damages The verdict summary also links to court documents from the case, including the complaint, which includes a rather startling allegation: “Starting in or about 1957 and continuing for several years thereafter, Marie Evans attended Newport cigarette giveaway events conducted by Lorillard in her neighborhood in or near the Orchard Park housing project in Roxbury, Massachusetts. Ms. Evans was a young child when Lorillard agents and/or representatives handed her free sample packs of Newport cigarettes. Over the next several years, Ms. Evans attended many Newport cigarette giveaway events in these locations. On most of these occasions, Ms. Evans was given samples of Newport cigarettes by Lorillard agents and/or representatives. At no time during any of these giveaway events did any Lorillard agent and/or representative refuse to give Marie Evans samples of Newport cigarettes because of her age.”
       
    In an unsurprising development, Lorillard released a statement following the verdict stating its intention to appeal.]]>
    3351 2013-08-23 15:24:05 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed
    Large Verdict in Massachusetts Tobacco Case http://westreferenceatt.3fivelab.com/?p=3352 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3352 sizable wrongful death verdict was recently obtained against the Lorillard Tobacco Company, manufacturer of such brands of cigarettes as Newport and Kent.  Representatives of the estate of Marie Evans, who died of lung cancer in 2002, filed the suit in the Massachusetts Superior Court in 2004. The verdict summary, available on Westlaw at 2010 WL 5145125, breaks down the damages awarded:
    • $21,000,000.00 to plaintiff for decedent's loss of services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice
    • $50,000,000.00 to plaintiff for decedent's conscious pain and suffering
    • $81,000,000.00 to plaintiff for punitive damages
    The verdict summary also links to court documents from the case, including the complaint, which includes a rather startling allegation:
    Starting in or about 1957 and continuing for several years thereafter, Marie Evans attended Newport cigarette giveaway events conducted by Lorillard in her neighborhood in or near the Orchard Park housing project in Roxbury, Massachusetts. Ms. Evans was a young child when Lorillard agents and/or representatives handed her free sample packs of Newport cigarettes. Over the next several years, Ms. Evans attended many Newport cigarette giveaway events in these locations. On most of these occasions, Ms. Evans was given samples of Newport cigarettes by Lorillard agents and/or representatives. At no time during any of these giveaway events did any Lorillard agent and/or representative refuse to give Marie Evans samples of Newport cigarettes because of her age.
    According to the verdict summary, Ms. Evans would have been just nine years old in 1957.  In an unsurprising development, Lorillard released a statement following the verdict stating its intention to appeal.]]>
    3352 2013-08-23 15:24:05 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _topsy_cache_timestamp _slidedeck_slide_title
    Sorting Out Sec 115 http://westreferenceatt.3fivelab.com/?p=3368 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3368 his hfa checks his .07 .]]> 3368 2013-08-23 15:24:05 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last http://westreferenceatt.3fivelab.com/?p=3432 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3432 3432 2013-08-23 15:24:05 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last Hope Against Hope http://westreferenceatt.3fivelab.com/?p=3509 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3509 Election 2012 is gearing up), one dispute from that heady season remains to be fully settled:  Shepard Fairey v. The Associated Press. Shepard Fairey, the artist and entrepreneur who used an AP image as his inspiration (or basis) for the now iconic “HOPE” poster, has wettled with the A.P.   Wired.com reports:

    The out-of-court settlement ends the closely watched, 2-year-old lawsuit without resolving the underlying legal issue: whether Fairey had a fair use right under copyright law to produce the graphic based on an AP photo snapped of then Sen. Barack Obama at the National Press Club in 2006.

    In a January 10th order, Judge Alvin Hellerstein dismissed The A.P.’s claim against Fairey.  The judge cited a “suggestion of settlement” as reason for the dismissal.  The one-page order is the January 11th entry at 1:09-CV-01123.  I found the docket sheet by searching in DOCK-NY-ALL for cases involving Shepard Fairey.  The lone result was indeed the docket for this matter.  (Since not every District Court’s order will be included in a case law database, searching the docket sheets for order entries can be an alternative route to accessing the underlying document.) Despite the “suggestion of settlement”, the legal fight will continue.  The judge’s order did not dismiss The A.P.’s copyright infringement claims against Obey Clothing (Fairey’s company).  A March trial date is now scheduled in hopes of finally settling this part of the fight. The “Hope Poster” however, has met a happier ending.  In 2009 it was moved to its new and enviable home: the permanent collection of the National Portrait Gallery. Pittsburgh]]>
    3509 2013-08-23 15:24:04 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title
    Texas Death Penalty Update http://westreferenceatt.3fivelab.com/?p=3514 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3514 previous post on this blog noted a case challenging the constitutionality of the Texas death penalty.  A quick summary: as part of the capital murder case against John Edward Green, Jr., Texas judge Kevin Fine scheduled and began a pre-trial hearing on the constitutionality of the Texas death penalty in December, during which the State stood mute rather than present evidence.  The hearing proceeded for two days, only to be stayed by the Texas Court of Criminal Appeals at the State’s request.  The Court ordered the parties to submit briefs on whether the hearing should be allowed to continue.  The briefs and other documents from the case are available here. Last week, the Court of Criminal Appeals ruled on the matter and ended the hearing.  The opinion, available on Westlaw at 2011 WL 93011, basically held that, because the defendant had not yet been convicted and sentenced to death, his challenge to the death penalty was premature.  The Court concluded:
    Because there is no basis under Texas law to conduct a pretrial evidentiary hearing to determine the “as applied” constitutionality of a state penal or criminal procedural statute, we conclude that the trial judge does not have legal authority to conduct any such pretrial evidentiary hearing and make any such pretrial declaratory judgment. He is acting beyond the scope of his lawful authority. Therefore, the State has demonstrated a clear right to relief. We conditionally grant mandamus and prohibition relief and, if he does not do so himself, will order the trial judge to dismiss Mr. Green's “Amended Motion to Declare Article 37.071, § 2 of the Texas Code of Criminal Procedure Unconstitutional As Applied” as requesting an unauthorized declaratory judgment.
    ]]>
    3514 2013-08-23 15:24:04 0000-00-00 00:00:00 open open draft 0 0 post 0 _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _topsy_cache_timestamp _slidedeck_slide_title
    http://westreferenceatt.3fivelab.com/?p=3521 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3521  

    PatStat

    OG

    Query (run 1/19/2011)

    Re-exam! and da(2011)

    Results 81 results. Delivers documents by Patent number 61 results. Delivers documents by page gazette number Currency: The gazette is published on Tuesdays. January 11th January 18th       In KeyCite Yes Not yet.       Alert Strategies Keycite:  Setting up a keycite alert on your patent Westclip             ]]>
    3521 2013-08-23 15:24:04 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp
    Finding General Counsel http://westreferenceatt.3fivelab.com/?p=3643 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3643 Digital Edge interview with Carole Levitt and Mark Rosch, authors of Google for Lawyers.  I loved this simple tip:

    Use the advanced search tool to search by file type.  As it turns out, this is an excellent way to find key players within an organization.

    [company name] "general counsel" filetype:xls

    or

    [company name] "general counsel" filetype:ppt

    Finding in-house counsel can be very difficult unless an organization's legal woes are in the news.   Here are resources used by commonly by Reference Attorneys: OTHER VALUABLE RESOURCES

    PROFILER-WLD (WL Database): Obvious choice but often overlooked - the profiler database is a good starting point. Simply run a search by company name to retrieve a list of attorney names:

    Business Citator Reports (WL Report): We've also had considerable success using Business Citator Reports from Westlaw Business.  Check the Officer and Director menu for desired company:

    Chief counsel is often referenced along with a wealth of other information.

    Law.com: Law.com's Corporate Counsel site has a free search engine for key information on In-House Law Departments at Top 500 Companies.  Results include basic company details (address, CEO, revenue), Top Legal Officer information, and "Go-To" Law firms by practice area.

    News:  In allnews, rallnewsplus, bwire, or allnewsplus databases, try general chief in-house +2 lawyer attorneycounsel /5 [company name]

    ]]>
    3643 2013-08-23 15:24:02 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title
    http://westreferenceatt.3fivelab.com/?p=3741 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3741 3741 2013-08-23 15:24:03 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last COURT WIRE PROVIDES SAME DAY NOTIFICATION OF NEW LAWSUITS http://westreferenceatt.3fivelab.com/?p=3768 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3768 WestlawNext users can find Court Wire by clicking on the “Tools” tab. ]]> 3768 2013-08-23 15:24:02 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_post_meta_fixed _wp_jd_target _jd_wp_twitter _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _edit_last _slidedeck_slide_title Tracking Copyright 'Trolls' http://westreferenceatt.3fivelab.com/?p=3823 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3823 3823 2013-08-23 15:24:02 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last Internet Exceptionalism http://westreferenceatt.3fivelab.com/?p=4391 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4391 outlined Internet Exceptionalism - essentially, the regulataory panic that ensues in response to the perceived special nature of the Internet.  A prime example of this (and here, I refer you to our blog's disclaimer) is Missouri's Senate Bill 54.]]> 4391 2013-08-23 15:23:44 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp Cases referencing GPS or Facebook may be scarce http://westreferenceatt.3fivelab.com/?p=1157 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1157 ATTACH! AFFIX FASTEN ANCHOR PLACE PUT /P G.P.S. GLOBAL-POSITIONING-SYSTEM /S VEHCILE AUTO VAN AUTOMOBILE CAR S.U.V. TRUCK % to(criminal) ti(state people)

    I also found an interesting case of whether or not the police needed a warrant to use GPS, United States v. Garcia, 474 F.3d 994, 998 (7th Cir.), cert. denied, 552 U.S. 883, 128 S.Ct. 291, 169 L.Ed.2d 140 (2007) (when police have reasonable suspicion that a particular vehicle is transporting drugs, a warrant is not required when, while the vehicle is parked in a public place, they install a non-invasive GPS tracking device on it for a reasonable period of time.   Still, my search in the ALLCASES database for g.p.s. /s police /s warrant retrieves only 22 documents.]]>
    1157 2013-08-23 15:24:41 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this
    More on the “Holy See” suit: the Supreme Court Makes its Move http://westreferenceatt.3fivelab.com/?p=1352 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1352 Holy See v. Doe case for a bit now.  If you’re not among them, you can get up to speed here and here.  Essentially, victims of abuse by members of the Catholic clergy are seeking to hold the Vatican (aka the “Holy See”) itself liable under an exception to the Foreign Sovereign Immunities Act.  I last reported that the Supreme Court was reviewing the petition for certiorari; well, they have spoken.  Sort of.  The petition has been denied.  But if you’re an abuse victim, that’s good, because the Holy See was seeking reversal of the Ninth Circuit’s opinion, which held (partly) that the Foreign Sovereign Immunities Act did not shield the Vatican from suit.  The Ninth Circuit remanded the case, so now the really interesting part should come. ]]> 1352 2013-08-23 15:24:40 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _topsy_cache_timestamp ResultsPlus http://westreferenceatt.3fivelab.com/?p=1465 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1465 1465 2013-08-23 15:24:40 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _edit_last Searching For Trial Court Documents http://westreferenceatt.3fivelab.com/?p=1527 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1527
  • Click “court docs” at the top of the screen
  • Click “more” under “pleadings, motions & memoranda” on the left side of the screen. This will take you to the full list of trial court filings on Westlaw.
  • Click the “State Trial Filings” folder
  • Click the “State Court Filings” folder
  • Click “Wisconsin Civil Trial Court Filings.” You should now be at a screen with a template.
  • From the “choose a template” option, select “search motions.” You will now have multiple additional options at the bottom of the template for specific types of motions.
  • In the third column, select “motion for summary judgment” and click “search westlaw.” You should retrieve over 2,000 results.
  • To narrow the search, you may want to put in additional search terms to find motions for summary judgment that involve specific subject matter. For example, if you were looking for motions for summary judgment involving Wisconsin’s Recreational Immunity statute (WI ST 895.52), you should (in addition to checking the box for motions for summary judgment) add the following search to the search box: “recreational immunity” 895.52. This narrows the search down to 25. If you don’t see an option to “check” under the different motion types, the document you need may still be available. The best way to search is to use the document type field restriction in terms & connectors. The document type field is the title the author gives the document (e.g. Defendants Brief in Support of Motion for Summary Judgment). Let’s say you are looking for a Bill of Costs in federal court. You would want to try the following search: Database: FED-FILING-ALL Query: (dt("bill of costs") ) Number of Results: 1927 //
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    1527 2013-08-23 15:24:39 0000-00-00 00:00:00 open open draft 0 0 post 0 _edit_last jd_tweet_this
    Schlagging Through Popular Media for Legal News http://westreferenceatt.3fivelab.com/?p=1563 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1563 ELENA /2 KAGAN & da(aft 1/1/2010)  returned 6985 documents.  Many of these documents are from non-legal news sources such as the Washington Post or the Chicago Sun Times.  Smaller market papers like the Minneapolis Star Tribune are also pulled back and many of the articles are non-legal commentary. If you are asked to research legally related news sources, fear not, Westlaw’s database Legal Newspapers, LEGALNP, contains relevant sources.  The same search   ELENA /2 KAGaN & DA(AFT 1/1/2010)    in LEGALNP garnered a mere 232 documents.  They come from such sources as The National Law Journal and the Chicago Daily Law Bulletin.  You still might find an opinion piece, but it won’t be from the OpEd page. ]]> 1563 2013-08-23 15:24:39 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _topsy_cache_timestamp Arbitrators http://westreferenceatt.3fivelab.com/?p=1680 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1680 PROFILER-ARB  not only contains profiles of arbitrators, but it provides links to any awards available on Westlaw.  Additionally, an arbitrator’s profile will contain links to any arbitration directories referencing that individual.  This data base can be located by typing profiler-arb into the search for a data base box, or within the “Find a Person” section within Site Map.]]> 1680 2013-08-23 15:24:38 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _topsy_cache_timestamp I have a case name but no citation... http://westreferenceatt.3fivelab.com/?p=1686 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1686 ]]> 1686 2013-08-23 15:24:39 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this Researching Judges and Opposing Counsel http://westreferenceatt.3fivelab.com/?p=1690 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1690 ]]> 1690 2013-08-23 15:24:39 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _edit_last Pattern Interrogatories http://westreferenceatt.3fivelab.com/?p=1702 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1702 ]]> 1702 2013-08-23 15:24:39 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _edit_last Westlaw and WikiLeaks http://westreferenceatt.3fivelab.com/?p=1704 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1704 classified documents relating to the war in Afghanistan sent me, as many news stories do, to Westlaw.  I went looking primarily for any past litigation involving WikiLeaks.org, the site that posted the documents.  I went first to WestlawNext, and the steps I took illustrate the simplicity of beginning research on WestlawNext.  I didn’t have to spend time thinking about what database(s) to search.  I simply signed on, chose “All State and Federal” as my jurisdiction, and ran a one-word search: wikileaks.  This search, as does any search of this type in WestlawNext, scanned multiple document types such as cases, court filings, briefs, jury verdicts, and secondary sources.  I did get a few cases, including one, Bank Julius Baer & Co. Ltd v. Wikileaks, 535 F.Supp.2d 980, which arose out of the site’s posting of allegedly confidential bank information. In addition, if you want to take a look at the multitude of news stories surrounding this topic that have appeared in the last few days, WestlawNext can do that too.  From the home page, click “News,” then run the same search mentioned above.  Once the results appear, sort the list by date to view the most-recent articles first. The same information is available via Westlaw.com, of course.  A search in the All Federal & State Cases (ALLCASES) database for wikileaks returned 6 documents, one of which was the case (Bank Julius Baer & Co. Ltd v. Wikileaks) mentioned above.  A search for wikileaks in the ALLNEWS database yields many more results (over 1,900 and counting). 
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    1704 2013-08-23 15:24:39 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _topsy_cache_timestamp
    Marijuana Marks http://westreferenceatt.3fivelab.com/?p=1730 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1730 st, as described by the Wall Street Journal, the United States Patent and Trademark Office created a new category for trademarks.  One could be forgiven for assuming the creation of the "Processed plant matter for medicinal purposes, namely medical marijuana” category was a joke from the date on which it was created.  Apparently it was not a joke, just ill conceived. Although the Trademark Office has accepted applications for marijuana and marijuana-related product marks in the past, according to the Wall Street Journal article, they have never granted such a trademark.  The addition of this new category was thus a bit strange. The Trademark Office in early July reversed their decision and removed this category, you can still see it in the Trademark coverage on Westlaw. The database, FED-TM on Westlaw, has US Federal registrations and applications. According to the Journal article, "the patent-office change set off a land rush by pot dealers in the 14 states where laws permit medical-marijuana sales."

    A query for:

    cannab!  mari*uana  &  fida(aft 04/01/2010)

    in FED-TM will get the 106 results that were filed with the USPTO after April 1st of this year.

    In addition to filing dates, you can search the following date fields in FED-TM:
    REDA DATE-REGIST Date upon which the mark was listed as registered by the USPTO
    FDA DATE-FU Date the mark was first used (international class)
    FUDA DATE-FUU Date the mark was first used (U.S. class)
    STDA DATE-STATUS USPTO status date
    IFDA DATE-INF Date interference action was filed
    PBDA DATE-PUB Date the mark was published in the Official Gazette
    RWDA DATE-RENEW Date the mark was granted a renewal by the USPTO
    EXDA DATE-EXP Date the mark expired (past)
    ABDA DATE-ABD Date application status listed as abandoned by the USPTO
    OFDA DATE-OPF Date opposition action was filed
    CODA DATE-CANO Cancellation date
    ]]>
    1730 2013-08-23 15:24:38 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _edit_last _topsy_cache_timestamp
    Options for Searching Using Key Numbers http://westreferenceatt.3fivelab.com/?p=1777 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1777 search NY-CS for 389K1 & car truck vehicle automobile, and you should retrieve 8 results, where a search in the Custom Digest using those same search terms comes back with no documents. Another time it might be preferred to run a search in the database rather than the Custom Digest is when you want to search a more “customized” jurisdiction. For example, if you wanted to search only New York and New Jersey state cases on the elements of conversion, you could type NY-CS, NJ-CS in the “search for a database” box to do a search in both states at the same time for 389K1, but in the Custom Digest, you could only do one state at a time.]]> 1777 2013-08-23 15:24:38 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this Divorce Topic Reclassified http://westreferenceatt.3fivelab.com/?p=1812 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1812 1812 2013-08-23 15:24:38 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _topsy_cache_timestamp Making the most of your Jury Verdict search http://westreferenceatt.3fivelab.com/?p=1879 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1879 Search - ((18-wheeler tractor-trailer truck s.u.v. sport-utility-vehicle pick-up /10 accident) /p (BACKBONE SPINE VERTEBRA spinal /3 injur! IMPAIRMENT CONTUSION FRACTURE TRAUMA LACERATION) ) (118 Docs) With this one: Search - ((18-wheeler tractor-trailer truck s.u.v. sport-utility-vehicle pick-up /s accident) & (BACKBONE SPINE VERTEBRA spinal /5 injur! IMPAIRMENT CONTUSION FRACTURE TRAUMA LACERATION) ) (1485 Docs) Remember to use synonyms to expand your search terms and your relevant verdicts will blossom. ]]> 1879 2013-08-23 15:24:38 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this International Law on Westlaw http://westreferenceatt.3fivelab.com/?p=1912 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1912 pr,ti(copyright & germany) Number of Results: 151 ]]> 1912 2013-08-23 15:24:38 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this Anti-Bullying Statutes http://westreferenceatt.3fivelab.com/?p=2089 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2089 anti-bullying summit in Washington.   To view state anti-bullying statutes, you could try the following search: Database: STAT-ALL Query: PR,CA,TI(SCHOOL STUDENT PUPIL EDUCATION! & BULLY! ANTI-BULLY! HARASS! INDIMIDAT!) % PR,CA,TI(DISCIMINAT! "SEXUAL HARASS!") Number of Results:120 To view complaints that have been filed on this topic, you could try this search: Database: FILING-ALL Query: (bully! & school student pupil education!) & ((DT(COMPLAINT PETITION) % DT( BRIEF MOTION MEMORAN! REPLY RESPONSE ANSWER COUNTER-CLAIM COUNTER-PETITION CROSS-CLAIM COUNTER-COMPLAINT COUNTER-SUIT))) Number of Results: 568]]> 2089 2013-08-23 15:24:29 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _edit_last Salmonella contaminated eggs resulting in more than just illness? http://westreferenceatt.3fivelab.com/?p=2192 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2192 Database:    FILING-ALL

    Search:        PR(COMPLAINT) & "SALMONELLA POISONING"

    ]]>
    2192 2013-08-23 15:24:28 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _topsy_cache_timestamp _slidedeck_slide_title
    http://westreferenceatt.3fivelab.com/?p=2301 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2301 2301 2013-08-23 15:24:28 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _edit_last More Blagojevich http://westreferenceatt.3fivelab.com/?p=2302 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2302 this post.  All charges have been dismissed against his brother, Robert Blagojevich, who was a co-defendant in the first trial.   The government has not done the same for Rod Blagojevich, however. The government vowed that Blagovevich will be re-tried.  That trial will likely take place no earlier than January of 2011.  Blagojevich may be represented by a different defense team, as two of his attorneys have indicated they will not represent him in the retrial. To keep abreast of this continuously developing and evolving story, I would suggest setting up a WestClip in a database such as Major Newspapers (NPMJ).  A simple WestClip search such as TI(Blagojevich) will return any story that mentions Blagojevich in its headline.  NPMJ contains many of the most widely-circulated newspapers  in the United States.  It's a good way to retrieve a sampling of news from sources around the country without getting the large volume of results produced by an ALLNEWS search. ]]> 2302 2013-08-23 15:24:28 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _topsy_cache_timestamp Google http://westreferenceatt.3fivelab.com/?p=2460 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2460 2460 2013-08-23 15:24:28 0000-00-00 00:00:00 open open draft 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last WHAT COURT WILL OWN THIS MESS? http://westreferenceatt.3fivelab.com/?p=743 Tue, 25 May 2010 16:00:04 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=743 The Deepwater Horizon pipeline is said to be located about 40-50 miles southeast of the Mississippi Delta according to recent news reports.  Some report place the source of the spill as Louisiana but no one really knows for sure the exact location and boundaries of the exposed pipeline.  Clearly the location of the pipeline at the reported distances is located outside of even the “contiguous zone” as defined by The United Nations Convention on the Law of the Sea (24 nautical miles from the shore).  The location of the pipeline is within the “Exclusive Economic Zone” of the United States which extends out to 200 miles but is it technically within the boundaries of the United States for jurisdictional purposes. As an oil pipeline, the source of the oil leak would be covered under the Hazardous Liquids Pipeline Safety Act of 1979, 49 U.S.C. 60101et seq. (HLPSA) giving the courts of the United States jurisdiction over the spill, but which circuit is the proper venue?  It appears that the mathematical offshore boundary locations determined the Minerals Management Service (MMS) of the United State Department of the Interior will factor into this equation of boundary interpretation.  It is the responsibility of the MMS to manage the Federal Government’s offshore leasing program under 43 U.S.C. Section 1344.  Through Secretarial Order No. 3071 dated May 10, 1982, as amended, MMS is also charged with the administration of the offshore submerged lands of the Outer Continental Shelf of the United States. In looking at the geographic boundary determinations for the United States Courts of Appeals and district courts, the possible court locations appear to be either the Southern District of Mississippi and the Fifth Circuit Court of Appeals or the Southern District of Alabama and the Eleventh Circuit Court of Appeals.  While forum-shopping is not looked at kindly by the courts, the difficulty of pinpointing the exact geographic location of the pipeline break will have both plaintiff and defense counsels arguing and over-analyzing the data from MMS to place the geographic spill location within the boundary of the court and circuit that will most favorably back its position in the case.  Believe me, the sparks on this case weren’t doused when the fire on the Deepwater Horizon platform was put out.]]> 743 2010-05-25 11:00:04 2010-05-25 16:00:04 open open pending 0 0 post 0 jd_tweet_this ks_metadata _topsy_cache_timestamp Case Law Interpreting the Uniform Commercial Code http://westreferenceatt.3fivelab.com/?p=744 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=744 A previous blog post addressed locating both the uniform version of the U.C.C. and state-specific equivalents. Another common question is how to locate case law (or secondary sources) interpreting particular provisions of the Uniform Commercial Code. Every state has adopted at least portions of the Uniform Commercial Code, and state statutes are often the same or very similar to the text of the Uniform version. Therefore it is often useful when interpreting a provision from one state to do a broader search to see how the same or similar provisions have been construed elsewhere.  A potential problem with this method is knowing what search terms to use. For example, let’s say that you are looking at a statute from New York such as NY UCC § 9-301. This statute is called the Law Governing Perfection and Priority of Security Interests. If you were only searching in New York cases, you would want to use 9-301 as a search term.  Although many other states may also number their equivalent statute the same way (such as Maryland: MD COML s 9-301), there also could be variation in the format. (e.g. California: CA COML § 9301;  Florida: FL ST § 679.3011; Arizona: AZ ST s 47-9301; Maine: ME ST T. 11 s 9-1301; and Ohio: OH ST s 1309.301). Therefore, one way to search would be to add some of the text from the headings for the relevant section as an alternative to the citation. Here is an example of a search designed to retrieve cases discussing the application of local law under 9-301 of the Uniform Commercial Code: CHECK THE SEARCH SUGGESTION - Greg

    Jurisdiction: ALLCASES

    Search: "LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS" 9-301 /P "local law"

    Number of Results: 31

    ]]>
    744 2013-08-23 15:24:59 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this ks_metadata
    Student Loan Reforms in 2010 http://westreferenceatt.3fivelab.com/?p=835 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=835 In 2010 courts and the Federal Government have wrestled with student loan reform, and The New York Times ran an article on May 28, 2010 likening the status of some student loans to that of subprime mortgages ensnared in the recent financial crisis.  Such comparisons underscore the substantive legal treatment the legislature, judiciary, and executive branches have given student loans in 2010.   A search in ALLNEWS on Westlaw shows the relevant articles, and a search in CONG-BILLTXT produces the bill in question.  Finally, a search in ALLCASES produces cases dealing with the dischargeability of student loan debt in bankruptcy.]]> 835 2013-08-23 15:24:59 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _topsy_cache_timestamp Locating in KeyCite Citing References http://westreferenceatt.3fivelab.com/?p=865 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=865 Reference attorneys field numerous calls about the best way to find everything that cites to a particular citation.  The KeyCite Citing References are a comprehensive list of everything that cites to a particular document and they are fully searchable.  Once you view the citing references, click the grey button at the bottom that says “Limit KeyCite Display”.  From here you can limit your document type to specific things like cases or secondary sources.  You can also click locate and run a terms and connectors search in the citing references.  One caveat, locate will not work for more than 2000 results, so you need to limit by document type and jurisdiction and maybe even time to make sure you have less than 2000 results.]]> 865 2013-08-23 15:24:59 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this Docket Alert for Toyota Litigation http://westreferenceatt.3fivelab.com/?p=932 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=932 Reference Attorneys continue to field calls regarding the Toyota litigation.  Docket alerts allow the Westlaw user to monitor specific courts for litigation filed against a specific party. Users set up a docket alert under the alert center.  First click create in the line with the docket alerts.  Then select your court and insert your party name.  Click save, and you will receive emails listing how many dockets apply.  In one day, 14 cases were filed in federal courts against Toyota.  Docket alerts can also be set up to monitor a specific docket for new filings, but more on that another time.]]> 932 2013-08-23 15:24:59 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _edit_last Searching Administrative Codes http://westreferenceatt.3fivelab.com/?p=974 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=974 I get a lot of calls about searching administrative codes or regulations. As you know, legislatures enact statutes and sometimes grant authority to administrative agencies to create regulations to enforce those statutes.  For example, the United States Congress declared a policy of providing, within Constitutional limits, fair housing, and made it unlawful to discriminate in the sale or rental of a dwelling because of race, color, religion, sex, familial status, or national origin. 42 U.S.C.A. 3601, 3604(b).  But the legislature left it up to the Department of Housing and Urban Development to create complaint and investigation procedures, which they have done in Chapter 24 of the Code of Federal Regulations. Similar processes take place at a state level as well. So how do you find regulations? Well, on the federal level, regulations are located in the Code of Federal Regulations, database identifier CFR.  For individual states, use XX-ADC, substituting the state’s two letter postal abbreviation for the XX (ADC stands for Administrative Code).  You can search these databases using natural language, terms and connectors, or by browsing the table of contents.]]> 974 2013-08-23 15:24:59 0000-00-00 00:00:00 open open draft 0 0 post 0 jd_tweet_this _edit_last Supreme Court Affirms Clear and Convincing Standard of Proof in Microsoft v. i4i http://westreferenceatt.3fivelab.com/?p=4002 Thu, 16 Jun 2011 18:12:41 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4002 2011 WL 2224428. Section 282 of the Patent Act of 1952 states “a patent shall be presumed valid” and “the burden of establishing invalidity . . . shall rest on the party asserting” it.  The Federal Circuit for nearly 30 years has required accused infringers when asserting patent invalidity as a defense, to overcome this presumption in §282 by proving invalidity by a clear and convincing standard.  The Supreme Court affirms this standard of proof reasoning that when Congress uses a common law term, it can be assumed it would attach a common law meaning.  Thus, when Congress uses the phrase a patent is “presumed valid,” they “used a term with a settled meaning in the common law.”  Id. at 6, 2011 WL 2224428.  The court cites its 1934 decision as authoritative on the point that “there is a presumption of validity, a presumption not to be overthrown except by clear and cogent evidence.”  Radio Corporation of America v. Radio Engineering Laboratories, 55 S.Ct. 928, 929.  The Court also rejected Microsoft’s argument that the preponderance standard should be applied where there is evidence given to the jury that was not before the PTO during the examination.  Justice Sotomayor reasoned that Congress established a burden of proof when it stated the presumed validity of the patent, and if Congress intended for any departure based on any different facts, it would have done so expressly.  To find a list of the briefs or the oral argument for Microsoft v. i4i on Westlaw.com, go to 2011 WL 2224428 and click on Briefs and Other Related Documents and/or Oral Argument Transcripts.  To find the same content on WestlawNext, simply click on the tab for filings once you are viewing the case.  The petition for certiorari is also available on Westlaw.com and WestlawNext with the citation 2010 WL 3413088.  One brief has already cited to the Supreme Court’s case (Kappos v. Hyatt, 2011 WL 2326711).  To set up an alert to track anything citing Microsoft v. i4i, simply click on Monitor with KeyCite Alert once you are on the case in Westlaw.com or click on the bell symbol in the upper-right corner on WestlawNext once you are viewing the case.]]> 4002 2011-06-16 13:12:41 2011-06-16 18:12:41 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last Drought and Agricultural Contracts http://westreferenceatt.3fivelab.com/?p=6261 Wed, 17 Oct 2012 19:22:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6261 went on its August recess before passing a farm bill.  The 2012 Farm Bill can be found on Westlaw at S. REP. 112-203 (S. 3240). MPR reported in July that we are experiencing the worst drought since 1956. There have been numerous reports about the drought’s effects on Midwest crop yields.  Farmers are even turning towards social media like youTube and Twitter to publicize the toll this year’s drought is taking on their land.  Severe drought as we are experiencing can and will have an impact on food prices. The World Bank reported recently that global food prices climbed 10% in July.  See 2012 WLNR 18552035. The U.S. Drought Monitor Map provides an effective visual as to the extent of drought conditions in the U.S. today. The drought will certainly cut into revenues but, for those growers who entered into future delivery contracts, crop failure means serious difficulty in meeting performance obligations.  According to a recent Purdue University News Service article, in a "future delivery contract" or "forward crop contract"...
    producers promise to deliver a specified amount of grain to buyers well before their crops are harvested. In turn, farmers are guaranteed a set price for their grain, even if grain prices fall below that set price before their deliveries are made.
    So, how does an event like this affect contracts for agricultural products? Things like impracticability or impossibility of performance come to mind. What sort of language is used in contracts to account for drought or other events affecting crop yields? I ran the following search in WestlawNext, using All State and Federal as my jurisdiction:

    +DROUGHT FOOD CROP PRICE CONTRACT

    I went to the Secondary Source results first. The initial results included:

    “Validity, construction, and effect of contract between grower of vegetable or fruit crops, and purchasing processor, packer, or canner” 87 A.L.R.2d 732 (Originally published in 1963)

    “Incorrect Quantity – Seller’s excuses for nondelivery.” 14 Williston on Contracts § 40:8 (4th ed.)

    “Claims of excuse – Crop failure” 2 Hawkland UCC Series § 2-615:10

    The Hawkland UCC Series article provided some nice insight:
    “If the seller agrees to sell a specific crop to be grown on identified land, a crop failure will excuse performance under the doctrine of impossibility set forth in Section 2-613. If the contract merely calls for a crop and does not require it to be grown on specified acreage, the doctrine of impossibility is not applicable if the seller is unable to perform due to his own crop failure, because in that case he can acquire the crop from someone else.1 In such a case, however, it is possible for the doctrine of failure of presupposed conditions to operate, upon proof that a noncrop failure on the seller's land was a basic assumption on which the contract was made, and that the failure of the crop rendered performance impracticable.”
    Subsequent articles cover topics of impracticability, destruction of subject matter or means of performance, foreseeability of contingency, and excuse of cost increase, among others. FORMS So what about sample forms? Can we find forms or checklists that might show us how contingencies like this might be accounted for in actual contract language? This initial search brought back one document in the “Forms” category – a drafting checklist for contracting the sale of crops.

    4AP2 Nichols Cyc. Legal Forms § 80:61 – Drafting Checklist – Contract for sale of crops

    The checklist mentions Force Majeure (“An event or effect that can be neither anticipated nor controlled” – definition from Black’s Law Dictionary (9th ed. 2009), and references a provision providing that the grower not be liable for losses from drought, or other natural events outside of his or her control. I went back to the Home screen on WestlawNext, and clicked directly into Forms this time. I ran the following search directly in Forms:

    +DROUGHT +CROP

    We get 51 results with that search in Forms. I see several sample form contracts available:

    “Contract for Sale of Apple Crop” 26 Mass. Prac., UCC Forms Annotated § 2-107 Form 6 (3d ed.)

    “Contract for sale of growing crop” 1 Vernon's Tex. Code Forms Anno., UCC Forms § 2.107 FORM 2 (4th ed.)

    “Particular provisions in sale contract – Delivery” 4AP2 Nichols Cyc. Legal Forms § 80:151

    Each of these contain language addressing the instance of drought or other natural event, like frost, disease, etc that may affect the ability of the seller to perform, and allow termination of the agreement, and preclude or limit the liability of the seller.]]>
    6261 2012-10-17 14:22:56 2012-10-17 19:22:56 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title _topsy_cache_timestamp
    Parental rights for rapists? http://westreferenceatt.3fivelab.com/?p=6409 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6409 man convicted of statutory rape has now instituted a legal action seeking visitation rights with the child that was born as a result of the rape. As a condition of his sentence, which put him on probation for 16 years instead of sending him to prison, the putative father had to agree to recognize his parentage of the child and submit to family court orders, including for child support. The mother of the child is, understandably, fighting back. In doing some preliminary research, I was surprised to find out that this isn't really all that uncommon. I started with this as a search in All State and Federal materials on WestlawNext:

    adv: paternity & rape! /p visitation “parenting time”

    The first case that caught my eye was Bobbitt ex rel. Bobbit v. Eizenga, 715 S.E.2d 613, which seems surprisingly similar to the case in Massachusetts. In Bobbitt, a man was convicted of attempted statutory rape, which resulted in the birth of a child. The putative father petitioned for visitation rights, but was denied because of his conviction and sex offender status. On appeal, the Court of Appeals of North Carolina reversed, finding that no law prevented him from seeking visitation. Interestingly, under North Carolina law, if a man is convicted of first- or second-degree rape, which rape resulted in the conception of a child, he cannot claim rights to custody or visitation of that child. N.C. Gen.Stat. § 50–13.1(a). The Bobbitt court ruled that, because a conviction of attempted statutory rape is not a conviction of first- or second-degree rape, this statute does not apply to bar his petition. Similarly, the court held that the North Carolina Sex Offender Program has "no provisions preventing a parent from having contact with their child. In fact, at least one of the statutes contemplates a sex offender having contact with their child. Specifically, N.C. Gen.Stat. § 14–208.18 (2009) allows a registered sex offender who is a parent or guardian of a minor to be present on certain premises with the minor for the purposes specified in the statute." So I started looking for similar laws in Massachusetts and found this:
    No court shall make an order providing visitation rights to a parent who has been convicted of murder in the first degree of the other parent of the child who is the subject of the order, unless such child is of suitable age to signify his assent and assents to such order; provided, further, that until such order is issued, no person shall visit, with the child present, a parent who has been convicted of murder in the first degree of the other parent of the child without the consent of the child's custodian or legal guardian.

    M.G.L.A. 208 § 28.

    Which is kind of creepy in its own right. My earlier search that turned up the case from North Carolina did not yield any results from Massachusetts. Rare (and newsworthy) though these cases may be, I was still surprised to see more than a couple of examples of this type of case coming up. These actions undoubtedly raise some interesting (and frankly, troubling) legal issues. The attorney for the mother's family in the Massachusetts case is attempting to get the father's sentence changed so his payments to the mother are reflected as restitution rather than child support. It will be interesting to see if that solves the problem.]]>
    6409 2013-08-23 15:20:13 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title _topsy_cache_timestamp
    Is the Ruling of Roe v. Wade at Risk? http://westreferenceatt.3fivelab.com/?p=6423 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6423 2012 WLNR 18675491; "Democrats Are Already Using Todd Akin to Launch a New ‘War on Women’ Offense Against the GOP," 2012 WLNR 17761062. As controversial as Mr. Akin’s comments were though, is a woman’s right to terminate a pregnancy really at risk? In 1973, the United States Supreme Court ruled in Roe v. Wade, (410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973) holding modified by Planned Parenthood of Se. Pennsylvania v. Casey, 505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)) that a state’s complete ban of abortion before the fetus is viable is unconstitutional.  States were still allowed to restrict abortion to instances where the mother’s life is in danger after the fetus becomes viable. Roe v. Wade has been challenged many times since it was written 39 years ago, but none have succeeded in overturning it.  Despite the court’s reluctance to completely overrule its precedent and return the issue of abortion to the states, abortion has been under attack in a number of states.  For example, in Mississippi, House Bill 1390 (2012 Miss. Laws Ch. 331 (H.B. 1390)) went into effect on July 1.  This act not only requires that abortion providers be obstetrician/gynecologists, but the doctors must also have privileges at local hospitals.  Mississippi’s only abortion clinic, Jackson Women’s Health Organization (JWHO), did not comply with this law and was in danger of having to close its doors on July 1st.  A federal judge issued a preliminary injunction which allowed JWHO to stay open.  You can find two opinions related to this case on Westlaw Classic and WestlawNext at:

    Jackson Women's Health Org. v. Currier, 3:12CV436-DPJ-FKB, 2012 WL 2510953 (S.D. Miss. July 1, 2012)

    Jackson Women's Health Org. v. Currier, 3:12CV436-DPJ-FKB, 2012 WL 2886715 (S.D. Miss. July 13, 2012)

    “Personhood” amendments, which grant legal rights to embryos, have also been under consideration by groups seeking to end abortion.  Although most personhood statutes only grant legal rights to embryos against third-parties, they are seen by many as a tool to get around Roe v. Wade without actually criminalizing abortion.  To date, no states have used personhood amendments as a means to end abortion within their borders.  In fact, such legislation has been shot down in a number of states where it was intended to have this effect.  For example, in Colorado, a petition to place a personhood amendment which would ban all abortions as well as in vitro fertilization and birth control, lacked the number of signatures needed to get it on the ballot in November.   In Mississippi and Oklahoma, the issue of getting personhood amendments on the ballots had to go all the way up to the states’ supreme courts.  Mississippi decided that the amendment should go on the ballot and the people of the state ended up voting against it.  In Oklahoma, the court ruled that the amendment was unconstitutional and did not allow it to be placed on the ballot. Those cases can be found on Westlaw Classic and WestlawNext at:

    Mississippi: Hughes v. Hosemann, 68 So.3d 1260

    Oklahoma: In re Initiative Petition No. 395, State Question No. 761, 2012 wl 1494675

    Anti-abortion activists have not been deterred by these setbacks.  This summer saw a number of petitions to get personhood amendments on the ballots all over the country and these groups are determined to continue the battle for as long as they need to.  It is almost certain that if one of these personhood amendments ever does get passed, the US Supreme Court will be forced to revisit its landmark decision once again. To read more on the subject, try the following search in news and secondary sources in WestlawNext:

    Personhood amendment and abortion

     ]]>
    6423 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title
    Release of Liability: Athletic Event Waivers http://westreferenceatt.3fivelab.com/?p=6514 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6514 http://www.businessweek.com/news/2012-08-13/triathlete-death-overshadows-new-york-area-s-first-ironman-event I wanted to do a little research on these waivers. I first tried a Boolean terms and connectors search in WestlawNext: athletic sport! marathon triathlon /25 event competit! race /25 waiver release I get well over 200 cases in all state and federal materials. My initial case law results consisted of the following: Banfield v. Louis, 589 So. 2d 441 (Fla. Dist. Ct. App. 1991) – Triathlon participant struck by vehicle on bicycle course. The court found that the waiver she signed released all sponsors, promoters, agents and the host city from liability, even if not specifically named in the waiver. Lautieri v. Bae, CIV.A. 01-4078, 2003 WL 22454645 (Mass. Super. Oct. 29, 2003) – Another triathlon participant struck by a vehicle on the bicycle course. The court found that the releases that the plaintiff signed are effective against liability for ordinary negligence, but not necessarily for gross negligence. Next, I wanted to see if we had any actual sample forms for such releases. I see that our initial search brought back 14 forms, so I clicked on that content set. I see the following forms in my result: 8AP2 Nichols Cyc. Legal Forms § 200:57 – A general sports and recreation waiver form. 8AP2 Nichols Cyc. Legal Forms § 200:55 – Application, waiver, and release by roller skating competition contestant 30 West's Legal Forms, Specialized Forms § 30:77 (3d ed.) – Accident waiver and release of liability – Athletic events Note: On WestlawNext, we have an “Easy Edit” option for forms. This allows you to download a formatted and ready-to-use version of the form quickly and easily. I noticed that my original search also captured results in Proposed and Enacted legislation. Curious about what sort of results might be coming up there, I clicked on that content set. I see legislation primarily on the topic of high school athletics. Several involving legislation allowing for age eligibility waivers for students with disabilities, and legislation addressing student athletics and head injuries or concussions. Examples: 2011 NY A.B. 10081 (NS), 2011 New York Assembly Bill No. 10081, New York Two Hundred Thirty-Fifth Legislative Session - TITLE: Provides an exception to high school athletic competition eligibility by permitting pupils with a developmental or physical disability to compete for a fifth year. 2011 KS S.B. 33 (NS), 2011 Kansas Senate Bill No. 33, Kansas Eighty-Fourth Legislature 2011 Regular Session - TITLE: School sports head injury prevention. So we have some obvious results in the “age waiver” context, and then the head injury prevention legislation references waivers that the students must sign prior to participating in school athletic events. None are necessarily in the exact context that we were originally looking for, but interesting to note anyway. This provides a nice example of how searches can pick up key terms appearing in a variety of contexts. It will happen less frequently if we have more unique terms to work with. Finally, I clicked on Secondary Sources to see what sort of articles we get with this search. We seem to be getting back to more relevant results in secondary sources. Here are some examples that were returned in the first 10 results: Robert Carroll, Analysis of Mark v. Moser: Determining Duty of Care Between Sports Co-Participants in Light of the Indiana Comparative Fault Statute, 11 DePaul-LCA J. Art & Ent. L. 425 (2001) 15 N.Y.Prac., New York Law of Torts § 12:53 – Titled: Duties and liability of place of amusement—Releases from liability Douglas Leslie, Sports Liability Waivers and Transactional Unconscionability, 14 Seton Hall J. Sports & Ent. L. 341 (2004)  ]]> 6514 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title Post-Election Thoughts - The Electoral College http://westreferenceatt.3fivelab.com/?p=6611 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6611 LH-1776 database. To pull up the Federalist Papers on Westlaw Classic, run the following search in in the LH-1776 database:

    CI(FEDERALIST)

    Result numbers #9 & #10, titled “The Union as a Safeguard Against Domestic Faction and Insurrection” is where we can find Madison’s discussion of the dangers of faction, or of an “overbearing majority.” In the Federalist Number 10, Madison discusses the advantages of a large republic over a democracy, or a small republic. How can we find out more about the Electoral College? Secondary sources would probably be a great resource. On WestlawNext, I click into “Secondary Sources” and then click on the “Advanced” search link. I want to use the Advanced template to search specifically for articles that mention the Electoral College in the title of any article. So I use the “Title” box to enter: “Electoral College” We get 63 secondary source articles with that search in WestlawNext. Our very first result is an ALR titled, “Challenges to Presidential Electoral College and Electors.” 20 A.L.R. Fed. 2d 183.  ALR is always a great resource, so I’m sure you can find an excellent study into this topic in that article. ALR typically collects cases and resources from a wide variety of jurisdictions (often all U.S. jurisdictions) to create a comprehensive overview of the issue. Other results include: PRESIDENTIAL SELECTION Jim King, Presidential Selection the Electoral College v. Direct Election, Wyo. Law., February 2011 Matthew J. Festa, The Origins and Constitutionality of State Unit Voting in the Electoral College, 54 Vand. L. Rev. 2099 (2001) Christopher Anglim, A Selective, Annotated Bibliography on the Electoral College: Its Creation, History, and Prospects for Reform, 85 Law Libr. J. 297 (1993) Many of the other articles in our result list discuss the controversies surrounding the electoral college: Ky Fullerton, Bush, Gore, and the 2000 Presidential Election: Time for the Electoral College to Go?, 80 Or. L. Rev. 717 (2001) Bush v. Gore: Does It Have A Future?, Md. B.J., MARCH/APRIL 2002 Rhonda D. Hooks, Has the Electoral College Outlived Its' Stay?, 26 T. Marshall L. Rev. 205 (2001) John B. Anderson, The Electoral College Flunks the Test in an Age of Democracy, Hum. Rts., Spring 2005 So how about articles that discussing the electoral college system as well as the idea of a direct, popular vote? Let’s try a search with those terms: "electoral college" /p direct popular /s vote Our result list includes several articles I noticed in earlier results, but also the following: David Gringer, Why the National Popular Vote Plan Is the Wrong Way to Abolish the Electoral College, 108 Colum. L. Rev. 182 (2008) Brandon H. Robb, Making the Electoral College Work Today: The Agreement Among the States to Elect the President by National Popular Vote, 54 Loy. L. Rev. 419 (2008) We get several articles discussing the recent attempt to circumvent the electoral college system without amending the Constitution through a instrument called the “National Popular Vote Plan” (NPV). The NPV would “award the electoral votes of the member states to the presidential candidate who wins the national popular vote.” Brandon H. Robb, 54 Loy. L. Rev., 420. Article II, Section 1 of the United States Constitution allows the states to choose their electors any way they desire. Opponents of the plan argue that the popular vote in many jurisdictions may violate sections of the Voting Rights Act regarding regression and dilution of the votes of minorities. David Gringer, 108 Colum. L. Rev., 183 In order to come into effect, the compact must be enacted by enough states to possess a majority of the electoral votes (270 of the 538 electoral votes). http://www.nationalpopularvote.com/pages/faqitem.php?f=11 According to the movement’s website, the compact has been enacted by states possessing 132 electoral votes. As a final exercise, I tried a quick search in all state proposed and enacted legislation for anything mentioning the National Popular Vote. It pulled back 125 results: "National Popular Vote"]]>
    6611 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title
    Porn Industry Erecting Defense Against Condom Law http://westreferenceatt.3fivelab.com/?p=6667 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6667 L.A.-based study which found that 28% of adult-film performers it treated had an STD. However, not everyone is convinced by the study. Roxanne Palmer of the IBTimes wrote that of 6,447 case of HIV reported in L.A. between 2008 and 2011, only two were adult-film workers. And those two are believed to have contracted diseases off-set. Another issue being discussed after passing the law is enforceability. Will government inspectors check porn sites, videos and shoots to observe whether actors are in compliance? It’s a question that remains unanswered (though I imagine there won’t be a shortage of applicants for such a job!). It appears L.A. County may have a law they’re unprepared to enforce. Unsurprisingly, the porn industry does not take kindly to premature legislation. For additional materials in this matter, the queries below may be run on WestlawNext: unconstitutional "not constitutional" /s "forc! expression" (4) Content: Secondary Sources Jurisdiction: All State & Federal statute law requir! /s condom /p porn! (adult erotic! /5 movie cinema film) (6) Content: Cases Jurisdiction: All States statute law requir! /s condom /p porn! (adult erotic! /5 movie cinema film) (19) Content: Secondary Sources Jurisdiction: All State & Federal]]> 6667 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title 'Tis the Season: Holiday Displays & Public Property http://westreferenceatt.3fivelab.com/?p=6671 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6671 adopt the ban, which the city describes as “content neutral.” I ran the following search in All State and Federal materials on WestlawNext:

    NATIVITY OR CHRISTMAS DISPLAY ON PUBLIC LAND

    We get 81 case results with that query, the first result being the U.S. Supreme Court case, Lynch v. Donnelly, 465 U.S. 668. In Lynch, the court found that the city’s use of a nativity display in its Christmas display did not violate the First Amendment. The court found that in the context of the Christmas and holiday season, there wasn’t enough evidence to prove that the city’s inclusion of the nativity scene was intended to advocate for a particular religious amendment. The use of the nativity was compared to the exhibition of religious paintings in museums supported by the government. But Lynch also contains a yellow flag. If we check out the KeyCite history for that case, we see 23 negative citing references. So it appears that there are at least some qualifications to the Lynch decision. We can get clues as to what might be happening in these cases to cause the yellow flag by just browsing the table. The “Most Negative” case shows that the Lynch decision was “Not Followed as Dicta,” and subsequent negative citing references indicate that some disagreement has occurred, and a number have cases have distinguished themselves from the Lynch decision. Back on the main cases result screen, we browse some of the other results: McCreary v. Stone, 739 F.2d 716 (2d Cir. 1984) – Display of crèche in public park during holiday season was not in violation of establishment clause. County of Allegheny v. Am. Civil Liberties Union Greater Pittsburgh Chapter, 492 U.S. 573 (1989) – The Supreme Court this time finds the display of a crèche to be in violation of the establishment clause. The court distinguishes this case from Lynch by noting that the crèche in County of Allegheny included words, displayed in a banner on an accompanying angel saying “Glory to God for the birth of Jesus Christ,” and noting that nothing detracts from that message, unlike in Lynch, where there were other, secular holiday items displayed along with the nativity scene. From there, I decide to take a look at our Secondary Source results. Our very first result is an ALR article that appears to be exactly on point: 107 A.L.R.5th 1 – First Amendment Challenges to Display of Religious Symbols on Public Property. Subsequent results also look relevant: 25 Causes of Action 2d 221 – Cause of Action to Prevent the Display of Religious Symbols on Public Property 26 A.L.R.6th 145 – State Constitutional Challenges to the Display of Religious Symbols on Public Property Richard A. Lacroix, County of Allegheny v. American Civil Liberties Union: How the Bench Stole Christmas, 25 New Eng. L. Rev. 523 (1990) 16A C.J.S. Constitutional Law § 781 – Public involvement in religious exercises or displays Welcome to the Holiday Season!]]>
    6671 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title
    Wiggum on Copyright? http://westreferenceatt.3fivelab.com/?p=6713 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6713 2012 WL 5511905. The dispute centers around the character's use of a particularly stylized voice.  The complaint characterizes Brockmire's voice as the "Azaria Voice" (which given the number of characters and voices created over the years by Hank Azaria, could, in my opinion, be a bit more specific).  The defendant in the case apparently claims that he actually created the "Azaria Voice," and has demanded that Azaria either cease and desist using the voice, or compensate him for it.  Azaria filed the current action seeking, inter alia, declaratory judgment that he is the creator of the voice, he can use it freely, and he owes the defendant nothing for it. So can you copyright a voice? In short:  No. To get a foothold on the question, I started with a basic search, counting on WestlawNext's relevance rankings to help me find relevant results:
    Search: copyright /s voice
    Jurisdiction: All Federal
    The second case in my search result, Butler v. Target Corp., 323 F. Supp. 2d 1052, gave me my answer pretty quickly:
    The Ninth Circuit has found that voice is not a subject matter of copyright. “A voice is not copyrightable. The sounds are not ‘fixed.’ ” Midler v. Ford Motor Co., 849 F.2d 460, 462 (no preemption where car company used “sound alikes” in television commercials); see also Waits v. Frito–Lay, Inc., 978 F.2d 1093, 1100 (no preemption where snack food manufacturer's radio commercial featured a vocal performance imitating celebrity's raspy singing voice). Cf. Downing, 265 F.3d at 1003–05 (no preemption for use of names and likenesses in a photograph); Wendt v. Host Int'l, Inc., 125 F.3d 806, 809–810 (no preemption where animatronic robots placed in airport bars were based on likeness of celebrity).
    But that doesn't end the inquiry.  Azaria's complaint specifically concedes that the voice alone cannot be copyrighted.  However, they argue that because the voice has been fixed to a particular, unique character, it has become part of that character, which can be copyrighted.
    So how does one go about copyrighting a fictional, but living, character?
    Another search helps shed some light.
    Search: copyright /10 character
    Jurisdiction:  All Federal
    Our first result is a case from the Eighth Circuit, Warner Bros. Entertainment Inc., v. X One X Produtions, 644 F.3d 584, which states:
    It is clear that when cartoons or movies are copyrighted, a component of that copyright protection extends to the characters themselves, to the extent that such characters are sufficiently distinctive. See, e.g., Gaiman v. McFarlane, 360 F.3d 644, 661 (“[A] stock character, once he was drawn and named and given speech [in a comic book series] ... became sufficiently distinctive to be copyrightable.”); Olson v. Nat'l Broad. Co., Inc., 855 F.2d 1446, 1452 (holding that “copyright protection may be afforded to characters visually depicted in a television series or in a movie” for “characters who are especially distinctive”); Metro–Goldwyn–Mayer, 900 F.Supp. at 1296 (holding that plaintiffs' copyrighted James Bond films established a copyright in the character of James Bond). The district court thoroughly and accurately applied this principle to the instant case, and the parties do not contest the district court's analysis. We agree with the district court's conclusion that Dorothy, Tin Man, Cowardly Lion, and Scarecrow from The Wizard of Oz, Scarlett O'Hara and Rhett Butler from Gone with the Wind, and Tom and Jerry each exhibit “consistent, widely identifiable traits” in the films that are sufficiently distinctive to merit character protection under the respective film copyrights. See Rice v. Fox Broad. Co., 330 F.3d 1170, 1175.
    So even if the voice isn't subject to copyright, the character as a whole might be.
    See also Patry on Copyright,
    While this case is still new so there aren't many materials available as Westlaw documents yet, I'll be keeping track of it using a Docket Track, just to see the progress in the case.  In the meantime, I'm going to have to look up this Jim Brockmire guy.
    ]]>
    6713 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title
    Law in the Social Media Age: Facebook Round-Up http://westreferenceatt.3fivelab.com/?p=6786 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6786 under fire from the SEC for a comment made on its Facebook page by CEO Reed Hastings, that “Netflix monthly viewing exceeded 1 billion hours for the first time ever in June.”  It may not seem like a controversial sort of statement to the layman.  But the crux of the question for the SEC is whether this is material information – since the stock price jumped by more than $10 per share in the two days after the post –  and whether disclosure on the company’s Facebook page, which has 200,000+ subscribers, is in violation of rules requiring that information be disclosed to investors at the same time.  Whether the SEC decides to press enforcement action in this instance, it seems likely that Facebook disclosures will result in litigation sooner or later. What people say and do on Facebook shows up in courtrooms with some regularity, and courts are sometimes at a loss of how to handle social media.  Earlier this year, we featured a blog post about whether Facebook “likes” are speech entitled to First Amendment protection, Think Before You Like, which discussed Bland v. Roberts, 857 F.Supp.2d 599.  The Eastern District of Virginia decided that “likes” are not a form of protected speech, and that case is currently on appeal to the 4th Circuit, pending oral argument. To look for other cases involving Facebook likes or status updates, but excluding cases where Facebook itself is a party, I ran the following search in All State and Federal Cases:

    facebook /p like liked status % TI(facebook)

    Not surprisingly, Facebook postings have also generated some case law under the 4th Amendment, when law enforcement access a Facebook page as part of an investigation or obtain evidence from Facebook posts.  According to one recent case, where Facebook privacy settings allow viewership of postings by “friends,” the Government may access them through a cooperating witness who is a “friend” without violating the Fourth Amendment. United States v. Meregildo, 2012 WL 3264501 Investigators have also used information gleaned from Facebook to support a finding of reasonable suspicion for further investigation.  In United States v. Goldenshtein, 2011 WL 1321573, the defendant had “liked” the Facebook page for a medical marijuana growing and distribution group. The court said, “While this fact standing alone does not give rise to reasonable suspicion, and although the group is legal under California law, it does show that Goldenshtein had at least some interest in or connection to marijuana growing and distribution.” In the civil context, Facebook likes were used as evidence in a recent libel/defamation case.  The defendant in Ebersole v. Kline-Perry, 2012 WL 3776489, posted  a letter to her business’s Facebook page which accused the plaintiff, a competitor, of abusing animals in her care.  The court found that the number of likes that the defendant’s page had was relevant to the issue of publication, as well as intent:
    The greater the number of “likes” on the page, the more likely it is that others visited the page and viewed whatever Defendant posted there, including the aforementioned letter. The evidence was therefore relevant as to how widely disseminated the letter was, a fact that was of consequence to the publication element of Plaintiff's libel claim. … The evidence was also, generally speaking, germane as to Defendant's intent in posting the letter-namely to reach a large audience.
    Of course, Facebook evidence hasn’t been admitted wholesale, as it is still subject to the same limitations as other evidence.  In a recent California criminal case, People v. Bignone, 2011 WL 6091756, defense counsel sought admittance of statements on the victims’ Facebook pages that they liked to curse at random passers-by and otherwise be rude (the actual opinion puts it more colorfully).  The appellate court upheld the trial judge’s decision not to admit this evidence as being more prejudicial than probative.  Or, as the trial court so nicely phrased it, “And I'm not sure that it's even relevant, other than to indicate to the jury that these people are jerks. … I want the jury focusing on whether they're telling the truth or not, not whether they're jerks.”]]>
    6786 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last
    Telemedicine: Healthcare at a Distance http://westreferenceatt.3fivelab.com/?p=7268 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7268 7268 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last Sleeping Dangerously: Drop-Side Cribs http://westreferenceatt.3fivelab.com/?p=7283 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7283 safety concerns have arisen surrounding these cribs. A number of them have been recalled due to heightened risk related to the drop side feature, including increased risk of suffocation and strangulation deaths.  The Consumer Product Safety Commission warns that drop-side cribs suffer from structural deficiencies, and an increased likelihood to “break, deform or experience other problems during normal and foreseeable use.” The CPSC ultimately decided to ban the manufacture, safe and resale of drop-side cribs because of these concerns and the alarming number of recalls of drop-side models. I ran a WestSearch query in all state and federal materials on WestlawNext

    DROP-SIDE CRIB

    By far the most results from our search are coming up in Adminsitrative Decisions & Guidance. I access those materials and decide to filter the results using the “Agency” filter on the left side of the screen. Click “Select” next to “Agency” Check the box next to “Consumer Product Safety Commission” Click “Filter” That brings us down to just the documents that came up from the CPSC. Some of those results include: FULL-SIZE BABY CRIBS 2012 WL 5195753 REQUIREMENTS FOR FULL SIZE BABY CRIBS 16 C.F.R. PART 1508, 2001 WL 34780593 IN THE MATTER OF BILT-RITE JUVENILE PRODUCTS, INC. ET AL. 1985 WL 194231 (CPSC order regardin public notice that dropside mesh-sided cribs and playpens may represent asphyxiation or suffocation hazards.) You can also search CPSC press releases, transcripts, reports, notices and regulations directly in the Consumer Product Safety Commissioin Documents collection. To find these documents, type Consumer Product Saftey in the search box and select the relevant collection.  Note that these documents are catagorized as News documents, not regulatory documents.  Here's the breadcrumb trail:

     Home > News > Journals Magazines & Newsletters > Journals, Magazines, & Newsletters: Alphabetical List > Journals, Magazines, & Newsletters: Consumer Products Safety Commission Documents

    An advanced search for drop-side crib delivers 38 documents, mostly press releases announcing recalls. ADDITIONAL RESEARCH REFERENCES Our initial search delviers 30 cases. Interesting results include:

    O'Neil v. Simplicity, Inc. 574 F.3d 501 (C.A.8 (Minn.),2009) - Consumers who had purchased recalled drop-side cribs sued manufacturer for alleged violations of Magnuson-Moss Warranty Act and for breach of implied warranty.

    Wiegel v. Stork Craft Mfg., Inc. 780 F.Supp.2d 691 (N.D.Ill.,2011) – Recalled drop-side crib owner sued store that sold the crib under the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) and for unjust enrichment.

    Geiser v. Simplicity, Inc. 2012 WL 174951(N.D.W.Va., 2012) – Child died in a recalled drop-side crib that had been retrofitted to fix the problem components. Parents sued retailer, and manufacturer (among others) for product liability, negligence, breach of warranty, and punitive damages related to the infant’s wrongful death.

    The Statutory results include a number of general crib safety provisions. Some statutory results include:

    McKinney's General Business Law § 399-i Prohibit any safe of unsafe cribs

    Colorado Revised Statutes Annotated § 13-21-105.5 Infant crib safety act--legislative declaration--definitions--safety standards--exemptions--action for damages

    Minnesota Statute § 325F.171 Crib Safety

    Secondary source results included:

    27 Minn. Prac., Products Liability Law § 5.3.50 (2012 ed.) Buyer must suffer cognizable injury

    15 No. 6 Andrews Class Action Litig. Rep. 22 Owners of Working Cribs Can’t Sue Over Defective Model O’Neil v. Simplicity Inc.

    American Law of Products Liability 3d § 94:8 Children’s furnishing and equipment – Cribs and child beds

    37 American Jurisprudence Trials 1 Crib Death Litigation

    Consumer Product Safety Information § 4:5 Beds – Cribs and cradles

    ]]>
    7283 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title
    Healthcare Mergers & Antitrust http://westreferenceatt.3fivelab.com/?p=7285 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7285 7285 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last Labeling Genetically Modified Foods (GMO) http://westreferenceatt.3fivelab.com/?p=7355 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7355 7355 2013-08-23 15:20:57 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last Secretly Serviced? http://westreferenceatt.3fivelab.com/?p=5169 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5169 5169 2013-08-23 15:23:38 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed The Debate over Raw Milk http://westreferenceatt.3fivelab.com/?p=5295 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5295 5295 2013-08-23 15:23:19 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title Hazed and Confused http://westreferenceatt.3fivelab.com/?p=5308 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5308 5308 2013-08-23 15:23:19 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed Dewey & LeBoeuf Bankruptcy http://westreferenceatt.3fivelab.com/?p=5377 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5377 Dewey /p bankrupt! & DA(AFT 05/27/2012) Results: 22 Docs The New York Times article on the filing this morning bega:
    Dewey & LeBoeuf, the law firm crippled by financial miscues and partner defections, filed for bankruptcy on Monday night, punctuating the largest law firm collapse in United States history. The filing, made in federal bankruptcy court in Manhattan, is the final chapter in a turbulent period for Dewey, which came apart after disappointing profits and prodigious debt forced it to slash partners' salaries. The partners, already owed millions from previous years, grew concerned over the firm's finances and their ability to get paid.
    5/29/12 N.Y. Times B1 2012 WLNR 11257246 The bankruptcy is currently pending in the U.S. Bankruptcy Court for the Southern District of New York.  It is docket number 1:12-BK-12321. This filing promises to be only the start of what will undoubtedly be a long process.  To keep up to date on the actions and filings in this case, you can use the Westlaw Alert Center to set up a Docket Track to be notified automatically of any filings or orders entered in the case.]]>
    5377 2013-08-23 15:23:19 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last
    Facebook IPO – The Saga continues http://westreferenceatt.3fivelab.com/?p=5381 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5381 More Cases Filed The Facebook post-IPO saga continues. A number of cases have been filed against Facebook since it went public on May 18, 2012. You can pull up the dockets for these cases by going into the Dockets content in WestlawNext and clicking on advanced search. Search for Facebook as a participant and restrict by date for filings after May 17, 2012. Thirty-0ne docket entries come up as of June 8. In Classic Westlaw, you can pull up the dockets by going into the DOCK-ALL database and doing a similar search. Action Against NASDAQ In addition to cases filed against Facebook itself, a lawsuit has also been filed against NASDAQ Stock Market LLC related to the Facebook IPO. On May 22nd, Plaintiff Goldberg filed a class action lawsuit in the United States District Court for the Southern District of New York alleging that NASDAQ failed to process Facebook trades promptly and efficiently. The Complaint further alleges that plaintiffs were damaged in a variety of ways including cancellations of buy orders that were not timely executed by NASDAQ. Trade related to the Facebook IPO was to commence at 11:05 AM on May 18th but there was a delay due to malfunction in NASDAQ’s design for processing order cancellations. See, GOLDBERG v. NASDAQ OMX GROUP, INC. ET AL, Docket number 1:12CV04054. Alerts and Tracking You can set up alerts in the dockets database to monitor new cases as they are filed against Facebook. You can also track dockets to keep informed of the developments in these cases. In Classic Westlaw, you can go into the Alert Center and then select Create for Docket Alert and follow the instructions of the set up wizard.]]> 5381 2013-08-23 15:23:18 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title FTC Tells Skechers to "Shape-up" http://westreferenceatt.3fivelab.com/?p=5385 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5385 1A Louis Altman & Malla Pollack, Callmann on Unfair Competition, Trademarks & Monopolies § 5:20 (4th ed. 2012). And whereas satisfactory clinical studies are performed according to procedures generally accepted within the scientific community, Skechers’ tests had a number of defects—e.g., altered or missing data, interested participants, no control groups—which resulted in the company’s misrepresentation of its claims support. Complaint at ¶¶ 15–16, FTC v. Skechers U.S.A., Inc., No. 1:12-cv-01214 (N.D. Ohio, filed May 16, 2012). According to the FTC’s complaint, Skechers further deceived consumers by cherry-picking the results of its studies. Id. What’s more, two of the four purportedly independent studies relied upon by Skechers were performed by Dr. Steven Gautreau, a chiropractor who is not only married to a Skechers marketing executive but was also compensated for his endorsement. Id. at ¶ 40. Such material information, constituting a major conflict of interest, was never disclosed by Skechers. Id. Notably, the recent court order is not an admission or finding of liability—it is for settlement purposes only. Stipulated Final Judgment & Order at p. 2, FTC v. Skechers U.S.A., Inc., No. 1:12-cv-01214 (N.D. Ohio, filed May 16, 2012), 2012 WL 1699432. And the $40 million settlement is neither a fine nor a penalty—it will be used strictly for consumer redress. Id. at p. 9. If you believe yourself eligible for a refund, you may apply directly with the FTC (ftc.gov/skechers) or participate in a court-administered class action lawsuit. Id. at p. 10. It certainly appears the FTC is cracking down on over-hyped advertising claims, especially those of the fitness, health food, or weight-loss variety. This month’s settlement with Skechers follows last year’s $25 million settlement with Reebok International Ltd., which also involved toning shoes. Stipulated Final Judgment & Order, FTC v. Reebok Int’l Ltd., No. 1:11-cv-02046 (N.D. Ohio, filed Sept. 29, 2011). Moreover, one of the key revisions to the FTC’s Endorsements & Testimonials Guides in 2009 concerned the use of “Results Not Typical” language, most frequently utilized by peddlers of diet pills and weight-loss systems. 74 Fed. Reg. 53124-01 (Oct. 15, 2009); 16 C.F.R. §§ 255.o–255.5 (2012). And just last week, an administrative law judge upheld an FTC complaint filed in 2010 against POM Wonderful LLC for deceptively advertising its POM products as having the ability to treat, prevent, or reduce the risk of various health afflictions. Further Research If you’d like to pull up the dockets I’ve referenced above, simply click on the Dockets content page from the WestlawNext home screen. From there, go to Federal District Court Dockets > Ohio > Northern District. Following these steps will bring you to a template, where you can type in the desired docket number. For more information on FTC policies and guidelines—and particularly, how to substantiate an advertising claim properly and the requirements for clinical studies—check out Section 22 of the FTC Treatise or Section 5 of Callmann on Unfair Competition, Trademarks & Monopolies.]]> 5385 2013-08-23 15:23:17 0000-00-00 00:00:00 open open pending 0 0 post 0 _topsy_cache_timestamp _edit_last _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title Monitoring the Cost of Administering Your 401k or other ERISA benefit plan: Whose Job Is It? http://westreferenceatt.3fivelab.com/?p=5442 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5442 Tussey v. ABB, Inc. case (2012 WL 1113291) means you might be getting some emails or information from your own employer soon about changes to your 401k.  This decision might come as a wake-up call to employers and other plan fiduciaries, reminding them to monitor the costs and fees associated with administering an ERISA plan. The Western District of Missouri recently decided Tussey v. ABB, Inc., finding the employer, ABB, and the recordkeeper, Fidelity, liable for over $30 million as a result of breaching the fiduciary duties imposed by ERISA. ERISA defines a plan fiduciary at 29 U.S.C.A. § 1002(21)(A). The court summarizes this definition nicely, quoting from Martin v. Feilen, as “those responsible for administering an ERISA plan and investing and disposing of its assets.”  965 F.2d 660, 664 (8th Cir. 1992). In Tussey, the recordkeeper (Fidelity) was originally paid specific fees, but after some time switched to being compensated through revenue-sharing, which is an indefinite amount. At times this amount was above and beyond a reasonable amount. According to the court, ABB failed to monitor the costs and negotiate rebates. Now they have to pay over $30 million in damages. Of course there are already appeals pending. Here is an easy way to find these appellate dockets:

    From the WestlawNext homepage click on Dockets, then click on U.S. Court of Appeals, then 8th Circuit.

    Now in the Participant Name box type: Tussey & ABB

    Click Search, you will get 3 results. Dockets 12-2056 and 12-2060 were both filed May 3, 2012 and have been consolidated with 12-2056 as the lead docket.

    There are also already some secondary sources available discussing this case. You can access these by pulling up the case at 2012 WL 1113291 and clicking Citing References.]]>
    5442 2013-08-23 15:23:17 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title
    Indefinite Detention http://westreferenceatt.3fivelab.com/?p=5527 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5527 2011 CONG US HR 4310), the U.S. House of Representatives reaffirmed the authority of the Armed Forces of the United States to detain indefinitely anyone suspected of being a terrorists or of aiding terrorists—including U.S. Citizens. This authority, granted under the National Defense Authorization Act for Fiscal Year 2012 (US PL 112-81), is very broad and permits seemingly anyone to be held indefinitely by the government without charges or trial. As one might imagine, the bill has proponents and detractors. Proponents argue that amending the counterterrorism policy complicates the ability to access information needed to anticipate and prevent attacks. Further, it’s argued that comparable efforts to protect Americans have been made dating back to World War II. Last, they argue that the right to challenge detention by seeking habeas relief in federal court remains available to American citizens.  (http://www.usatoday.com/news/opinion/story/2012-06-06/indefinite-detention-Mac-Thornberry/55408810/1) These arguments don’t convince everyone, though. Opponents of the bill note that the Fifth Amendment guarantees that no person can be deprived of life, liberty or property without due process of law. Additionally, they believe the right to habeas corpus relied on by proponents of the bill is effectively nullified by that fact that terrorism cases proceed very slowly or are often biased against the accused. In essence, the bill is viewed by opponents as a weapon of mass destruction that will obliterate centuries of American legal tradition.  (http://www.usatoday.com/news/opinion/editorials/story/2012-06-06/indefinite-detention-terrorism-Constitution/55409632/1) For additional information on this topic, try the following searches: constitutionality "indefinite detention" +terrorist (13) Content: Overview Jurisdiction: All Federal constitution "due process" "indefinite detention" +terrorist (48) Content: Cases Jurisdiction: All Federal constitution! legal! (lack! absen! no #without fail! /5 "due process") /200 "indefinite detention" /200 terrori! Content: Overview Jurisdiction: All Federal HLD(DETENTION DETAIN! /5 TERRORI! /5 INDEFINIT!) (452 Docs) Content:  News]]> 5527 2013-08-23 15:23:17 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title _topsy_cache_timestamp Food and Trademarks http://westreferenceatt.3fivelab.com/?p=5589 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5589 After long being a Pepper, Soda Town Moves On, 2012 WLNR 11877789 We also have the filings and docket for this case at: Docket: 4:11dv00398 in the Eastern District of Texas Filings/Briefs: 2011 WL 2649015; 2011 WL 4590192; and 2011 WL 5190495 Who knew there was so much activity behind the production of a soft drink? As it turns out, spats over food trademarks are quite common and have been going on for a very long time. One of the more pervasive issues in trademarks involving food products has to do with the geographic designation of the term. Although some terms may be geographically descriptive, they are not safe from infringement unless they acquire a secondary meaning. For example, the term “Budweiser”, the name of one of the most well-known American beers, refers to a beer brewed using a specific process. Anheuser-Busch was able to trademark the term because it had acquired a secondary meaning in the United States. You can find more on this at: 2 McCarthy on Trademarks and Unfair Competition § 14:20 (4th ed.) For those who drink a lot of wine, champagne, or “sparkling wine, the disputes over these products in the last few years are very familiar. Many might think that the increased popularity of California wines in the last 30 or 40 years has served as the only catalyst for any trademark lawsuits involving wine or champagne. This is not true. Look at G.H. Mumm Champagne v. E. Wine Corp., 142 F.2d 499 (2d Cir. 1944) to see a trademark infringement case involving champagne dating back to 1944. To get a sampling of cases involving wine trademarks before 1950, try the following search in all state and federal materials in WestlawNext: trademark /5 infring! /75 wine champagne beer "sparkling wine" Be sure to restrict your search to all dates before 1950. This search can also be broadened to see cases involving other food items. Again in WestlawNext, try the following (this time, without the date restriction) to see other interesting cases, law review articles, and court documents involving food and trademarks: trademark /5 infring! /75 food wine cheese champagne beer drink beverage]]> 5589 2013-08-23 15:23:17 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title NOTE TO SUMMERS: FINDING SECURITIES STATUTES ON WESTLAW http://westreferenceatt.3fivelab.com/?p=5638 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5638 This template is a very handy tool. On WestlawNext it can be just as easy to find the sections you need.  From the WestlawNext home page, click the Topics tab, the select Securities. When you go into Securities Statutes & Court Rules, you can do a quick search for the section number (for example, 10b), and the relevant section (15 USCA 78j) should be in the top of your results. Either of these methods should make it easier to find the section you need for your research. Happy researching!]]> 5638 2013-08-23 15:23:17 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp Justice for sex offenders: extradition versus human rights http://westreferenceatt.3fivelab.com/?p=5649 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5649 2012 WL 2191339)  The basis for this denial?  The court determined that if the accused were sent back to Minnesota and convicted of the crimes, he could potentially be subject to commitment under the Minnesota Commitment and Treatment Act (Minn. Stat. 253B.01, et seq.), and that such commitment would be a "flagrant denial" of the accused's rights under Article 5.1 of the European Convention on Human Rights, as codified at UK ST 1998 c. 42 Sch. 1 para. 1 (first result when doing a Find by Citation on Westlaw.com). Under the Minnesota program, the prosecuting attorney can petition the court to have a convicted offender nearing the end of his or her sentence civilly committed to what is known as the Minnesote Sex Offender Program (MSOP).  This program has proven controversial in the past, as only one person has been released from the program in the last decade. Search:  "Minnesota Sex Offender" /3 program Content:  Minnesota News (MNNP on WestlawClassic) The British court recognized that it was in the interests of justice that the accused stand trial, but it refused to grant extradition without an assurance that civil commitment would not be sought. It's not uncommon for the foreign courts to request assurances that prosecutors in the United States would not seek to impose inhumane punishment before granting extradition of wanted fugitives.  But I think most of us (or at least me) are more familiar with such conditions being placed on the extradition of those facing the death penalty.  Search: foreign international /p extradit! /p "death penalty" Content: TP-ALL or Secondary Sources on WestlawNext (See in particular, LOAUS § 7:24) Indeed, the case the British court relied on here, Soering v. United Kingdom, 11 E.H.R.R. 439, is just such a case. But it strikes me as this is a distinguishable situation from those involving the death penalty.  In death penalty cases, the accused faces capital punishment as the direct consequence of their conviction.  For the accused here, he faces no more than a prison term.  It is only after conviction that the offender becomes potentially subject to civil commitment, and only then if the prosecutor opts to petition to court for the commitment.  If such a petition is filed, a whole new process begins.  According to data provide to the British court, "only 13 percent of all Minnesota sex offenders released from prison between 2006 and 2009 were referred to county attorneys, who decide whether to pursue putting offenders in the program. About 3 percent of registered sex offenders in Minnesota are civilly committed[.]"  2012 WLNR 13032421  With this data in mind, the court found a "real risk" that the accused might be subject to civil commitment. This case, I think, represents a new take on the old issue of extradition in cases involving controversial sentences.  It will also likely rekindle the long-raging debate over the efficacy and desirability of such indefinite-confinement treatment programs in states like Minnesota.  It will be interesting to see how this plays out.]]> 5649 2013-08-23 15:23:17 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _edit_last _slidedeck_slide_title Inmates Suffering Carolina Blues http://westreferenceatt.3fivelab.com/?p=5687 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5687 18 USCA 922, 924) Courts are now realizing that these individuals may not have actually committed a crime. Federal public defenders are attempting to identify and notify those who may be wrongfully imprisoned. Nonetheless, there remains a question as to whether there exists a legal mechanism to have these individuals freed. This problem is centralized in North Carolina due to the complexity of reconciling United States Congress’s definition of who may not own a gun with North Carolina’s structured sentencing. (N.C.G.S.A. 15A-1340.10 to N.C.G.S.A. 15A-1340.23) Congress passed legislation stating that someone who has been convicted of a crime sufficiently serious to merit a prison sentence exceeding one year cannot own a gun.  (18 USCA 922(g)(1)) The North Carolina statutes modify maximum prison terms based upon the criminal history of the perpetrator. Historically, federal courts in North Carolina ruled that if someone could be sentenced for a year or more for a crime, then anyone convicted of that crime could not own a gun. This approach was overruled by the 4th Circuit in United States v. Simmons. (649 F. 3d 237) This ruling has opened a virtual Pandora’s Box with many scrambling to ascertain just how many persons have been incorrectly convicted. Equally confusing is determining how this situation can be resolved legally. In the specific case of Terrell MCullum, the Justice Department has stated that, at most, “he has become legally innocent of the charges against him.” They are arguing for his incarceration until completion. The Justice Department’s tone serves as an additional obstacle for the wrongfully convicted and may ultimately breed contempt for the law. And that is a gross injustice for all. For additional information on this topic, the following queries may be run on WestlawNext: ti("structured sentencing") (44) Content: North Carolina Secondary Sources Jurisdiction: North Carolina exceed! "more than" /2 year /p maximum /5 prison imprison! incarcerat! sentenc! term /p "structured sentencing" Content: Overview Jurisdiction: NC (State & Fed.)]]> 5687 2013-08-23 15:23:16 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title _topsy_cache_timestamp Taser Use on Pregnant Women--Excessive force? http://westreferenceatt.3fivelab.com/?p=5703 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5703 Cops may come to mind. But what about a visibly pregnant woman who would not get out of her car during a traffic stop?  (Article also available at 2012 WLNR 10216757.) In March the Ninth Circuit Court of Appeals in Mattos v. Agarano, sitting en banc, affirmed the lower court decision that using a Taser in stun mode three times on a pregnant woman who refused to get out of her car was, indeed, unconstitutional excessive force. 661 F.3d 433 (2011) The court found, however, that because the officers could not have determined from court precedent that their acts were unreasonable, they were entitled to qualified immunity. Mattos v. Agarano consolidated the appeals of two women, Malaika Brooks and Jayal Mattos. Brooks was the pregnant woman who was shocked with a stun gun in her car. (See Brooks v. City of Seattle, 599 F.3d 1018 (9th Cir. 2010) for the earlier appellate decision which was affirmed in Mattos.) Mattos was hit with a Taser dart which pierces the skin and delivers a full-body jolt of electricity. Her conduct that supposedly warranted a disabling electrical shock was standing between the police and her husband who was being arrested after a domestic disturbance call. The Court found that excessive force was used against Mattos as well. (See Mattos v. Agarano, 590 F.3d 1082 (9th Cir. 2010) for prior appellate decision which was reversed in part, affirmed in part.) The officers in the Brooks case filed a petition for writ of certiorari with the United States Supreme Court, appealing the part of the decision declaring their actions to be unconstitutional (2012 WL 167023). A case law search of Supreme Court decisions reveals that the Court has never issued an opinion evaluating Taser usage in excessive force claims under the Fourth Amendment.   As an example, try taser /p "excessive force" unconstitutional "fourth amendment" "civil rights" which yields 0 results in the SCT database. Simply running a search for taser "stun gun" yields 3 results, none of which are relevant to our inquiry. Brooks filed her own petition to the Supreme Court arguing that the officers’ actions were obviously unreasonable and should not have been afforded qualified immunity. (2012 WL 598075) Alas, the nation’s law enforcement will not be guided on what is excessive force. On May 29, the Supreme Court denied certiorari for all four appeals involved with the two underlying cases. (See 2012 WL 56816, 2012 WL 590163, 2012 WL 170555.) To get a better understanding of how different courts have construed what is excessive force in this area, read up on police use of tasers in secondary sources by trying the following search from the Secondary Sources page on WestlawNext: Search: taser /s "excessive force" unconstitutional "fourth amendment" "civil rights"]]> 5703 2013-08-23 15:23:16 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title YouTube and the World of Copyright Infringement http://westreferenceatt.3fivelab.com/?p=5785 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5785 th circuit’s affirmation of that decision here: Brownmark Films LLC v. Comedy Partners, 10-CV-1013-JPS, 2011 WL 6002961 (E.D. Wis. Nov. 30, 2011); Brownmark Films, LLC v. Comedy Partners, 682 F.3d 687 (7th Cir. 2012). This case calls into question how the emergence of information-sharing websites such as YouTube and others could possibly lead to copyright violations.  Of course these websites make it much easier to share pictures, videos and music with other people, but the ease of access also makes it much easier to engage in copyright infringement.  As Brownmark demonstrates though, the violator might be able to get away with it as long as his actions fall under the umbrella of fair use. The concept of fair use comes from section 107 of the Copyright Act.  In determining whether fair use applies to a case of copyright infringement, a court must look to four factors which are: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. 17 U.S.C.A. § 107 (West) The following search in All State and Federal materials on WestlawNext shows that YouTube has been very busy over the last few years in the copyright infringement arena:  advanced: you-tube & "fair use" parody A particularly interesting case, Elmo Shropshire v. Canning, 10-CV-01941-LHK, 2011 WL 90136 (N.D. Cal. Jan. 11, 2011), involved one of the performers of the song, “Granma Got Run Over by a Reindeer” as the plaintiff.  In this case, the defendant, Canning, was sued for copyright infringement when the plaintiff saw his video on YouTube.  The video featured a picture of a reindeer with a version of “Granma Got Run Over by a Reindeer” sung by the defendant playing in the background.   The plaintiff asked YouTube to remove the video as it constituted copyright infringement.  The defendant responded by saying that he had a good faith belief that his actions constituted fair use and that the video should be re-posted, which is what You-tube did.  After the video was re-posted on YouTube, the company refused to remove it, despite the plaintiff’s many complaints.  The court found the defendant’s fair use defense to be valid and dismissed the case with leave to amend. As I read through my various searches, I noticed a number of cases where YouTube was not a party, but only served as a tool through which the plaintiff was able to discover the infringing activity.  As you can also imagine, You-tube has been subject to a number of infringement suits since its inception.  Look at Viacom Int'l, Inc. v. YouTube, Inc., 676 F.3d 19 (2d Cir. 2012) along with its related filings and briefs.  In this case, the television powerhouse, Viacom, sued YouTube for allowing people to illegally upload movies and television shows onto its website.  Fair use didn’t apply there, but the Digital Millennium Copyright Act’s safe harbor provision did.   Research References: For more information look at the following materials: COPYRIGHT AND YOUTUBE: PIRATE'S PLAYGROUND OR FAIR USE FORUM?, 14 Mich. Telecomm. & Tech. L. Rev. 197 GONE WITH THE WIND DONE GONE: ‘RE-WRITING” AND FAIR USE, 115 Harv. L. Rev. 1193 § 1:72. Fair use—Generally, 1 Lindey on Entertainment, Publ. & the Arts § 1:72 (3d ed.) Search ti(you-tube) in All State and Federal Materials in WestlawNext or Allcases in Westlaw]]> 5785 2013-08-23 15:23:15 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _topsy_cache_timestamp _slidedeck_slide_title Don’t Be Cruel: Defamation and Social Media – An Emerging Issue http://westreferenceatt.3fivelab.com/?p=5858 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5858 FACEBOOK TWITTER /P DEFAM! LIBEL! I decide to first look at the Secondary Sources results from my search. There were 320 of them. I notice several articles initially that look promising. I decide to further restrict my search by date. I use the Date filter to narrow my results to the past 12 months. That brings our result list down to 140 articles. There seems to be a fair amount of chatter in secondary sources on this issue. We also got 27 cases that came back with that same search, so not surprisingly, there isn’t a whole lot out there quite yet in case decisions. And a glance at the Date filter tells us all but one of those decisions are from the past 3 years. I would suspect that number will increase pretty rapidly in the future. I decided to run a narrower search in secondary sources. I decided to look for articles that mention defamation or libel in the title or heading, and then reference Facebook or Twitter in the body of the article. TI,PR(DEFAM! LIBEL!) & FACEBOOK TWITTER That brings our number of articles down to 87. Now we’re really starting to see some relevant results. Hannah Rogers Metcalfe, Libel in the Blogosphere and Social Media: Thoughts on Reaching Adolescence, 5 Charleston L. Rev. 481 (2011) Alyssa J. Long, Internet Defamation, 73 Tex. B.J. 202 (2010) Shauna L. Spinosa, Yelp! Libel or Free Speech: The Future of Internet Defamation Litigation in Massachusetts in the Wake of Noonan v. Staples, 44 Suffolk U. L. Rev. 747 (2011) Stephen W. Bosky, Defamation in the Internet Age: Missouri's Jurisdictional Fight Begins with Baldwin v. Fischer-Smith, 56 St. Louis U. L.J. 587 (2012) Looking at the Date field restrictor again, I notice that 50 of these 87 articles are from the past three years, indicating that this is definitely a quickly emerging topic.]]> 5858 2013-08-23 15:23:14 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last _slidedeck_slide_title EU: No Olive Oil for You! Oh...Nevermind. http://westreferenceatt.3fivelab.com/?p=7333 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7333 7333 2013-08-23 15:20:58 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last Michele Bachmann Announces Intention to Not Seek Re-election http://westreferenceatt.3fivelab.com/?p=7350 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7350 7350 2013-08-23 15:20:58 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last A Few (Not So) Good Men: http://westreferenceatt.3fivelab.com/?p=7358 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7358 7358 2013-08-23 15:20:58 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last Miscarriage by Manslaughter: http://westreferenceatt.3fivelab.com/?p=7361 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7361 7361 2013-08-23 15:20:58 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last Legislative Efforts to Restrict Abortion http://westreferenceatt.3fivelab.com/?p=7365 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7365 7365 2013-08-23 15:20:58 0000-00-00 00:00:00 open open pending 0 0 post 0 _edit_last Are You Ready for Some More Football Litigation? http://westreferenceatt.3fivelab.com/?p=4210 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4210 United States Football League v. National Football League  Remember the United States Football League?  Many of our less seasoned friends may not, but there was a time when an upstart spring league dared to challenge the NFL for fall television viewers.  Teams like the Memphis Showboats and Chicago Blitz battled the San Antonio Gunslingers, the Boston/New Orleans/Portland Breakers, and Donald Trump’s own New Jersey Generals.  Even with future NFL stars Jim Kelly, Reggie White and Steve Young on USFL rosters, the league could not compete, and directed its frustrations on its well-established competitor in the form of a $567 million anti-trust suit. United States Football League v. National Football League, 644 F.Supp. 1040, appellate decision at 842 F2d 1335.  The USFL argued, among other things, that the NFL created a monopoly by entering contracts with more than one major television network, while the NFL countered that “pooled rights” television contracts were exempted from antitrust laws by the Sports Broadcasting Act. The jury determined that the NFL’s contracts were not an unreasonable restraint on trade, but did find that it “willfully acquired or maintained monopoly power in a relevant market consisting of major league professional football in the United States” under Section 2 of the Sherman Act.  The jury, however, famously awarded the USFL only one dollar in damages, and the League never played another game.  Research References  For related USFL v. NFL decisions, run the following search in 2nd Circuit Cases on WestlawNext:  Advanced: ti(“united states football league” & “national football league”) For analysis of USFL v. NFL, run the following search in Secondary Sources on WestlawNext: Advanced:  ti(u.s.f.l. “united states football league” & n.f.l. “national football league”) For a survey of other cases involving the NFL, run the following search in Secondary Sources on WestlawNext: Advanced: ti(n.f.l. "national football league" & case suit lawsuit litigat!)]]> 4210 2013-08-23 15:23:58 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last File under "World's Dumbest Criminals" http://westreferenceatt.3fivelab.com/?p=4214 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4214 What happens when a couple of thieves on a months-long spree of vehicle break-ins decide to hit an FBI agent's SUV? The spree ends. Milton Carlton Rucker Jr. and Tania Marie Thompson of Minneapolis had been breaking into cars for the past five months, Thompson allegedly told police. They'd hit cars in Minneapolis. They had allegedly sped away from an attempted break-in in Bloomington. Then they hit the Ford Explorer parked near 1999 Franklin Av. W. in Minneapolis. Less than six hours later both suspects were in custody and investigators from multiple departments were on their way to recover items taken from the agent's vehicle. 2011 WLNR 15044353 from the Minneapolis Star Tribune (Database ID STTRMSP) In a Mirandized statement to police, a female companion of Rucker’s told police that he had been responsible for at least two vehicle break-ins per week in the Minneapolis area, he preferred targeting cars outside fitness clubs or by lakes, and she had participated in five to eight of these break ins with him.  So what was the mistake that got them caught? Rucker picked a bad target for his latest break in: he allegedly smashed the window of a vehicle belonging to an FBI special agent and stole the agent’s duffel bag.  Inside the duffel bag, in addition to a watch and the agent’s wallet and credit cards, were the agent’s FBI credentials and his service weapon.  But the mistake didn’t stop there.  According to his female companion, Rucker told her to use one of the credit cards to try and buy gas and to make purchases at a retail store.  With the resources of the FBI looking for them, it apparently didn’t take long to track the transactions back to the pair. A PDF image of the criminal complaint is available as part of the docket.  It can be found in the dockets for the U.S. District of Minnesota (DOCK-MN-DCT on westlaw.com), Docket No. 0:11MJ00304.  Set up a Docket Track through the Alert Center to keep up with new filings on this case.]]> 4214 2013-08-23 15:23:58 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last A win by any other name is still a win http://westreferenceatt.3fivelab.com/?p=4364 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4364 McDonald v. City of Chicago, Ill.  In that decision, the court struck down the City of Chicago’s ban on handguns as unconstitutional.  Following the Supreme Court’s opinion, the city repealed the offending ordinances before the district court had a chance to enter judgment.  Because the action had originally been brought under 42 USCA § 1983, McDonald and the N.R.A. filed motions seeking attorney fees under 42 USCA § 1988.  (Docket of original case available here). The city opposed the motions, arguing that since they repealed the offending ordinances before the district court could enter final judgment on remand, the plaintiffs did not meet the requirements of a prevailing party under Section 1988.  The district court agreed and denied the motions for fees. The N.R.A. et al., took exception to this and raised the issue to the Seventh Circuit.  In a relatively short opinion, Chief Judge Easterbrook sided with the N.R.A., holding that the plaintiffs were indeed prevailing parties, mootness of the issue notwithstanding, and remanded the case to the district court for an award of fees.  In so holding, the Court stated:
    After the Supreme Court held that the second amendment applies to the municipalities’ ordinances, defendants’ position was untenable; neither Chicago nor Oak Park contends that the ordinance in force in 2008 could have been sustained under Heller's substantive standards. This litigation was over except for the entry of an injunction by the district court. Chicago and Oak Park capitulated, which made the exercise unnecessary. By the time defendants bowed to the inevitable, plaintiffs had in hand a judgment of the Supreme Court that gave them everything they needed. If a favorable decision of the Supreme Court does not count as “the necessary judicial imprimatur ” on the plaintiffs’ position, what would?
    National Rifle Ass'n Of America, Inc. v. City Of Chicago, Ill, --- F.3d ---, 2011 WL 2150785, at * 2 (7th Cir., 2011) (citation omitted). The court concluded that it had been established conclusively that the Second Amendment applies to cities, which the court stated had been the issue in the McDonald case.  Id.  Consequently, “[p]laintiffs achieved a decision that alters ‘the legal relationship of the parties.’”  Id.  The case was remanded for an award of attorney fees. So for those of you taking a case with a potential recovery of attorney fees to the Supreme Court, keep the Seventh Circuit’s opinion in mind.  A favorable judgment by the Supreme Court may just be enough to get you your fee award, at least in the Seventh Circuit.]]>
    4364 2013-08-23 15:23:44 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title
    A post-script to the War on Photography http://westreferenceatt.3fivelab.com/?p=4366 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4366 August 25, I found it interesting that the First Circuit Court of Appeals issued a ruling on that very issue the day after Corey's post. In Glik v. Cunniffee, 2011 WL 3769092 (1st Cir., Aug. 26, 2011), Judge Lipez, writing for the panel, affirmed a decision from United States District Court for the District of Massachusetts (Westlaw Database DOCK-MA-DCT, Massachusetts Federal District Court Dockets on WestlawNext), Docket No. 1:10-CV-10150, denying the defendant officers' motion to dismiss on the grounds of qualified immunity. The Court held:
    The First Amendment issue here is, as the parties frame it, fairly narrow: is there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative. It is firmly established that the First Amendment's aegis extends further than the text's proscription on laws “abridging the freedom of speech, or of the press,” and encompasses a range of conduct related to the gathering and dissemination of information. As the Supreme Court has observed, “the First Amendment goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.” First Nat'l Bank v. Bellotti, 435 U.S. 765, 783, 98 S.Ct. 1407, 55 L.Ed.2d 707 (1978); see also Stanley v. Georgia, 394 U.S. 557, 564, 89 S.Ct. 1243, 22 L.Ed.2d 542 (1969) (“It is ... well established that the Constitution protects the right to receive information and ideas.”). An important corollary to this interest in protecting the stock of public information is that “[t]here is an undoubted right to gather news ‘from any source by means within the law.’ “ Houchins v. KQED, Inc., 438 U.S. 1, 11, 98 S.Ct. 2588, 57 L.Ed.2d 553 (1978) (quoting Branzburg v. Hayes, 408 U.S. 665, 681–82, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972)). The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles. **** In summary, though not unqualified, a citizen's right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital, and well-established liberty safeguarded by the First Amendment. Accordingly, we hold that the district court did not err in denying qualified immunity to the appellants on Glik's First Amendment claim.

    2011 WL 3769092 at *4, 7'

    Similarly, the Court held that the officers were not entitled to qualified immunity from Glik's civil rights claim alleging a violation of his Fourth Amendment rights. All in all, the decision makes for an interesting, and timely, post-script to Corey's post and demonstrates that the litigation on this issue is only on the upswing.]]>
    4366 2013-08-23 15:23:44 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title
    Do not go quietly into that good night. http://westreferenceatt.3fivelab.com/?p=4580 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4580 engaged in a campaign to identify and call out a group of allegedly anti-abortion-rights members of Congress who provided the margin that allowed President Barack Obama's reform of the nation's healthcare system to get through the U.S. House of Representatives. The Susan B. Anthony List said their vote in favor of the law, which did not include any pro-life protections, amounted to a betrayal of their pro-life principles. According to Driehaus, who was one of that group, what the Susan B. Anthony List said in its public communications amounted to a malicious lie that contributed to his defeat. Amazingly, rather than laugh the suit out of court U.S. District Court judge Timothy S. Black, an Obama appointee, is allowing it to go forward. Roff, Peter, Failed Democrat Pol Sues Critics Over Election Loss, U.S. News & World Report (Oct. 24, 2011) 2011 WLNR 20102078  The essence of Driehaus's allegations is that the List defamed him and violated Ohio's Unfair Political Campaign Activities law (OH R.C. 3517.21) when it made statements regarding his stance on the 2010 Patient Protection and Affordable Care Act, Pub. L. 111-148.  The List has countered, challenging the validity of the False Statment and asking that it be enjoined as unconstitutional.  The ACLU has even joined the fray as amicus curiae in support of the List. The case is currently pending in the Southern District of Ohio, Docket No. 1:10-CV-00720.  (DOCK-OH-SDCT on Westlaw.com) A few of the orders from the case have made their way onto Westlaw and are available here: ti(driehaus) (3 docs).]]> 4580 2013-08-23 15:23:43 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title Copyright Muckrakers http://westreferenceatt.3fivelab.com/?p=4617 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4617 On November 29, 1999, in the budget bill, Congress, without public notice or hearing, inserted at the record industry's request an amendment to Section 101 of the Copyright Act to include sound recordings as a new, 10th category of specially ordered or commissioned work for hire. Despite assertions that this was only a “technical or clarifying change,”performers, disinterested legal scholars, and some members of Congress loudly complained over what they viewed as a substantive amendment. This negative reaction was further heightened by the RIAA's subsequent hiring of the congressional staff member responsible for inserting the amendment. Under pressure from many quarters, Congress repealed the amendment. PATRYCOPY § 1:108 YOU CAN'T FIND THAT ON WESTLAW More recently, Michael Geist reported in September, that WikiLeaks released cables regarding a joint strategy whereby the US might play bad cop to Canada's good cop in an effort to advance stronger Canadian intellectual property legislation.  One result of this strategy appears to have been inclusion of Canada on the U.S. Trade Representative's "Priority Watch List."   The USTR's Special 301 report notes:
     
     
    Canada remains on the Priority Watch List. The United States continues to urge Canada to implement its previous commitments to improve its legal framework for IPR protection and enforcement. Unfortunately, Canadian efforts in 2010 to enact long-awaited copyright legislation were unsuccessful.
    The leaked cables included this, according Geist:
    An 2006 confidential cable recounts a meeting between Bernier and then-U.S. ambassador David Wilkins. The cable states that Bernier "promised to keep the Ambassador informed on the copyright bill's progress, and indicated that US government officials might see the legislation after it is approved by Cabinet, but before it is introduced in Parliament."
    For more, see 2011 WLNR 17474319 or Michael Geist's Blog post, complete with links to the confidential cables,  here.  How does one stay on top of this kind of information?  Find your advocate.  Mr. Geist's posts are in the Blogs on Demand (BLOGSOD) database.  Try, searching by bill numbers:

    bill +2 c-32 and copyright

    This search also works in Canadian materials like Canada Journals and Law Reviews (CANADA-JLR). Of course, Public Knowledge, Electronic Frontier Foundation, and Stanford's Center for Internet and Society are all good resources for tracking this kind of information. Track your US Trade Representative in the Federal Register (FR).  Set your Westclip for

    pr("trade representative") and copyright "intellectual property".

    You might also wish to track your IP Czar - 'enforcement coordintaor -  Victoria Espinel who TechDirt noted earlier this year "hit on all the lobbyst talking points"  Simple search works best here in FR and USPOLTRANS:

    espinel /3 victoria

    ]]>
    4617 2013-08-23 15:23:42 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp
    Spiderman The Musical Keeps Swingin' (Amidst Lawsuits) http://westreferenceatt.3fivelab.com/?p=4720 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4720 Schadenfreude.  Maybe it's watching a model slip and fall on the runway, or seeing a skateboarder's unfortunate collision with...er...fate, or seeing a gamely reporter take a tumble. Or, watching a well publicized, 75 million dollar musical plummet from the skies to land on Broadway with a resounding thud, like a fallen superhero.  Even if you're not a theater buff, perhaps you've heard about the musical Spiderman: Turn off the Dark; last year pop culture consciousness absorbed its unwieldy creation and debut.  After many technical difficulties and delays, and after theater critics, fed up with the delay, could no longer wait for the show's official opening to pounce with pen, a string of reviews, reviewing a preview show went to press last winter.  They are hilarious, and one feels a bit bad for laughing at the misfortune of others, but laughs anyway. The show's creator, is not laughing, and she filed a lawsuit in November 2011.  The filing is available on Westlaw at 2011 WL 5350408.   The docket for the proceeding is also available on Westlaw.  (A link in the top left corner of the complaint will take you there.)  Remember that you can find many complaints on Westlaw, and track a docket over the course of a proceeding, even before courts issue opinions in those proceedings.  That's seriously useful, and nothing to laugh at.]]> 4720 2013-08-23 15:23:41 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp Rajaratnam Case - Updates http://westreferenceatt.3fivelab.com/?p=4774 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4774 U.S. v. Rajaratnam, 2011 WL 6259591. A brief update at the Court of Appeals level: The Second Circuit Court of Appeals, on December 1, 2011, denied Rajaratnam’s request for release pending appeal. See docket entry number 73 in docket 11-4416, in the dockets for the US Court of Appeals, second Circuit.]]> 4774 2013-08-23 15:23:41 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_post_meta_fixed _jd_twitter _jd_tweet_this _edit_last _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _slidedeck_slide_title _topsy_cache_timestamp Supreme Court unanimity http://westreferenceatt.3fivelab.com/?p=4979 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4979 Because federal law creates the right of action and provides the rules of decision, Mims's TCPA claim, in § 1331's words, plainly “aris[es] under” the “laws ... of the United States.”  . . .  The principle that district courts possess federal-question jurisdiction under § 1331 when federal law creates a private right of action and furnishes the substantive rules of decision endures unless Congress divests federal courts of their § 1331 adjudicatory authority. See, e.g., Verizon Md. Inc. v. Public Serv. Comm'n of Md., 535 U.S. 635, 642, 122 S.Ct. 1753, 152 L.Ed.2d 871. Accordingly, the District Court retains § 1331 jurisdiction over Mims's complaint unless the TCPA, expressly or by fair implication, excludes federal-court adjudication.      . . . .   Title 47 U.S.C. § 227(b)(3)'s language may be state-court oriented, but “the grant of jurisdiction to one court does not, of itself, imply that the jurisdiction is to be exclusive,” United States v. Bank of New York & Trust Co., 296 U.S. 463, 479, 56 S.Ct. 343, 80 L.Ed. 331. Nothing in § 227(b)(3)'s permissive language makes state-court jurisdiction exclusive, or otherwise purports to oust federal courts of their § 1331 jurisdiction. The provision does not state that a private plaintiff may bring a TCPA action “only” or “exclusively” in state court. In contrast, 47 U.S.C.A. § 227(g)(2) (Supp.2011) vests “exclusive jurisdiction” over state-initiated TCPA suits in the federal courts. Section 227(g)(2)'s exclusivity prescription “reinforce[s] the conclusion that [47 U.S.C. § 227(b)(3)'s] silence ... leaves the jurisdictional grant of § 1331 untouched. For where otherwise applicable jurisdiction was meant to be excluded, it was excluded expressly.” Verizon Md., 535 U.S., at 644, 122 S.Ct. 1753. --- S. Ct. ----, 2012 WL 125429 Although, not technically unanimous, the court likewise reached its decision in United States v. Jones without dissent.
    Held: The Government’s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment.
    (a) The Fourth Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Here, the Government’s physical intrusion on an “effect” for the purpose of obtaining information constitutes a “search.” This type of encroachment on an area enumerated in the Amendment would have been considered a search within the meaning of the Amendment at the time it was adopted.
    (b) This conclusion is consistent with this Court’s Fourth Amendment jurisprudence, which until the latter half of the 20th century was tied to common-law trespass. Later cases, which have deviated from that exclusively property-based approach, have applied the analysis of Justice Harlan’s concurrence in Katz v. United States, 389 U. S. 347, which said that the Fourth Amendment protects a person’s “reasonable expectation of privacy,” id., at 360. Here, the Court need not address the Government’s contention that Jones had no “reasonable expectation of privacy,” because Jones’s Fourth Amendment rights do not rise or fall with the Katz formulation. At bottom, the Court must “assur[e] preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.” Kyllo v. United States, 533 U. S. 27, 34. Katz did not repudiate the understanding that the Fourth Amendment embodies a particular concern for government trespass upon the areas it enumerates. The Katz reasonable-expectation-of-privacy test has been added to, but not substituted for, the common-law trespassory test. See Alderman v. United States, 394 U. S. 165, 176; Soldal v. Cook County, 506 U. S. 56, 64. United States v. Knotts, 460 U. S. 276, and United States v. Karo, 468 U. S. 705—post-Katz cases rejecting Fourth Amendment challenges to “beepers,” electronic tracking devices representing another form of electronic monitoring—do not foreclose the conclusion that a search occurred here. New York v. Class, 475 U. S. 106, and Oliver v. United States, 466 U. S. 170, also do not support the Government’s position.
     
    --- S. Ct. ----, 2012 WL 171117
    Both opinions are available in full on Westlaw and WestlawNext, including the briefs and petitions filed in connection with each, as well as the underlying court decisions.
    ]]>
    4979 2013-08-23 15:23:40 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last
    9th Circuit Strikes Down Proposition 8 http://westreferenceatt.3fivelab.com/?p=5004 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5004 5004 2013-08-23 15:23:40 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp I Always Feel Like Somebody's Watching Me http://westreferenceatt.3fivelab.com/?p=5046 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5046 5046 2013-08-23 15:23:39 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed Sticks and Stones May Break My Bones….. http://westreferenceatt.3fivelab.com/?p=5067 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5067 http://www.cyberbullying.us/Bullying_and_Cyberbullying_Laws.pdf) After reading all of this, I wanted to know how prevalent this issue is in the courts.  The following searches demonstrate that cyber-bullying is a hot topic in the legal world as well:
               Search - ((CYBER COMPUTER ELECTRONIC! TEXT-MESSAG! CELL-PHONE "SOCIAL MEDIA" /3 HARASS! BULLY!)) (861 Docs)            FILING-ALL,BRIEF-ALL,ALLCASES,TRIALORDERS-ALL
     
     Search - ((cyber computer electronic! text-messag! cell-phone "social media" /3 harass! bully!) ) (266 Docs) DOCK-ALL
      The following searches bring up multiple news and law review articles on cyber-bullying all over the world:
    Search - PR,CA,TI(CYBER-BULLY!) (66 Docs) JLR
       
    Search - cyber-bully! /s school teen-age! adolescent youth (8083 Docs) ALLNEWS
    ]]>
    5067 2013-08-23 15:23:39 0000-00-00 00:00:00 open open pending 0 0 post 0 _slidedeck_slide_title _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp
    Trayvon Martin and the Danger of "Stand Your Ground Laws" http://westreferenceatt.3fivelab.com/?p=5105 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5105 duty to retreat and force (14) Content: Overview Jurisdiction: All States   Filter duty to retreat and force (15) Content: Statutes Jurisdiction: All States Search within results: TE((no not +2 retreat!) (stand! +4 ground))   Search no retreat law and deadly force and defense of dwelling or property (14) Content: Overview Jurisdiction: All State & Federal     Search "stand your ground" /3 law (25) Content: Law Reviews & Journals - Secondary Sources Jurisdiction: All State & Federal]]> 5105 2013-08-23 15:23:39 0000-00-00 00:00:00 open open pending 0 0 post 0 _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title Changes in Minnesota Child Custody? http://westreferenceatt.3fivelab.com/?p=5109 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5109 Minnesota Senate File 1402, and its sister bill, House File 322, propose what would be a major shift in the determination of physical custody of children of families going through a divorce.  Under current Minnesota Statute, section 518.17, the presumption is that one parent will be granted physical custody of the child, with visiting time granted to the non-custodial parent.  In determining which parent should be granted custody, the court examines     13 different factors, including:
     (1) the wishes of the child's parent or parents as to custody; (2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; (3) the child's primary caretaker; (4) the intimacy of the relationship between each parent and the child; (5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests; (6) the child's adjustment to home, school, and community; (7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (8) the permanence, as a family unit, of the existing or proposed custodial home; (9) the mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child; (10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any; (11) the child's cultural background; (12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and (13) except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.
      Minn. Stat. § 518.17, subd. 1(a).  To grant joint physical custody over the child, the court must consider additional factors.  The proposed legislation would diverge significantly from this path.  The proposed legislation would add a new section to the Minnesota Statutes, Section 518.619.  That section would read “Upon request of either or both parties, the court shall use a rebuttable presumption that joint legal custody and joint physical custody, with equal shared parenting, is in the best interests of the child.”  The bills lay out the standard for overcoming the presumption, placing the burden on the party challenging joint custody to show, by clear and convincing evidence, that “the other parent’s actions rise to the level of endangering the child” based on a number of criteria set forth in Minnesota law.   This proposed change in the law has generated more than a little coverage in the news media around Minnesota.  A search of Minnesota news sources on WestlawNext from the last two years using the following:  Joint! /3 "physical custody" & da(aft 12/31/2010) (7) Content: Minnesota News yields viewpoints from both sides of debate. 
    In an initiative watched nationally, advocates are lobbying the Minnesota Legislature to pass a bill establishing a presumption of equal child custody rights when parents go their separate ways.                  . . . .  It has "been the cultural custom for a long time" to award sole custody to mothers, leaving many children without the strong presence of a father in their lives, [Rev. Mary] Hovland said. The Children's Equal and Shared Parenting Act would right this by ensuring both parents are treated equally in family court, she said. "This would be quite a change from the law that is in effect now. For so long the mother has been the primary person, and now fathers are asking that they have rights too."                  . . . .  The bill has not faced an easy road. Some of the strongest opposition has come from attorneys and domestic violence advocates who believe joint physical custody and equal shared parenting will be disruptive and costly to implement and could increase the potential for family conflict.
     2012 WLNR 4913665  There is clear, and vocal, support both for and against the proposed amendments.  In a legislative session where much attention has been devoted to sports stadiums and voter ID, this legislation promises to remain a source of much under the radar debate, and could lead to a major shift in the current state of family law in Minnesota.  It will be very interesting to keep an eye on.]]>
    5109 2013-08-23 15:23:39 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last
    Youth Wasted on the Young http://westreferenceatt.3fivelab.com/?p=5121 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5121 5121 2013-08-23 15:23:39 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed I Always Feel Like . . . Somebody’s Watching Me http://westreferenceatt.3fivelab.com/?p=5123 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5123 5123 2013-08-23 15:23:39 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _edit_last _wp_jd_clig _jd_twitter _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed Same-Sex Divorce http://westreferenceatt.3fivelab.com/?p=5167 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5167 5167 2013-08-23 15:23:39 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed Talk Shows and Love Geometry http://westreferenceatt.3fivelab.com/?p=5210 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5210 Graves v. Warner Bros.  253 Mich. App. 486 Another case involved the “Maury Povich Show”.  In this case, a minor was invited to a show dealing with “out of control” teens.  The Plaintiff was encouraged to dress and act more provocatively than she normally did for the show.  As a result of this, she said that a man who claimed to be “Maury’s Limo Driver” raped her after the show.  She sued the “Maury Povich Show” along with several of its employees for negligence, slander per se, negligent hiring and retention, emotional distress  and negligence per se.  In this case, the court found for the defendants and dismissed all of the claims.  Sheila C. v. Povich, 11 A.D.3d 120 (2004). Pemerton v. Springer, 1995 WL 579465 (1995), is a decision which leads me to believe that many of these cases are resolved in arbitration before even making it to the courts.  In Pemerton, the plaintiff sued the “Jerry Springer Show” because he was told that a particular person who was on the show was not going to be there.  The plaintiff was attacked by this person on the show in an “ambush”.  Pemerton had signed a release before the show agreeing to arbitrate any claims.  As a result, the court did not entertain any of the Plaintiff’s claims and granted the defendants’ motion to stay proceedings and compel arbitration. Try these searches to see some other cases that resulted from talk shows: Westlaw:
    Search - TI(OPRAH "JERRY SPRINGER" "RICKI LAKE" "MAURY POVICH" "SALLY JESSY RAPHAEL" "GERALDO RIVERA" "MONTEL WILLIAMS" "PHIL DONAHUE" "JENNY JONES") & SURPRIS! AMBUSH "FALSE PRETENSE" FRAUD! DECEPT! NEGLIGEN! MISREPRESENT! DEFAM! (41 Docs) ALLCASES,TRIALORDERS-ALL
    WestlawNext:
    Search   TI(OPRAH “JERRY SPRINGER” “RICKI LAKE” “MAURY POVICH” “SALLY JESSY RAPHAEL” “GERALDO RIVERA” “MONTEL WILLIAMS” “PHIL DONAHUE” “JENNY JONES”) & SURPRIS! AMBUSH “FALSE PRETENSE” FRAUD! DECEPT! NEGLIGEN! MISREPRESENT! DEFAM! (9) Content: Overview Jurisdiction: All State & Federal  
      An interesting law review article on this topic can be found at: THE DEEP POCKET DILEMMA: SETTING THE PARAMETERS OF TALK SHOW LIABILITY CDZAELJ20 Cardozo Arts & Ent. L.J. 461]]>
    5210 2013-08-23 15:23:38 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_clig _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp
    Keeping Your Privates Private http://westreferenceatt.3fivelab.com/?p=5216 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5216 5216 2013-08-23 15:23:38 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _topsy_cache_timestamp Family law changes in the offing? http://westreferenceatt.3fivelab.com/?p=5248 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5248 518.17, the presumption is that one parent will be granted physical custody of the child, with visiting time granted to the non-custodial parent. In determining which parent should be granted custody, the court examines 13 different factors, including:
    (1) the wishes of the child's parent or parents as to custody; (2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference; (3) the child's primary caretaker; (4) the intimacy of the relationship between each parent and the child; (5) the interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests; (6) the child's adjustment to home, school, and community; (7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (8) the permanence, as a family unit, of the existing or proposed custodial home; (9) the mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interest of the child; (10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any; (11) the child's cultural background; (12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and (13) except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.
    Minn. Stat. § 518.17, subd. 1(a). To grant joint physical custody over the child, the court must consider additional factors. The proposed legislation would diverge significantly from this path. The proposed legislation would add a new section to the Minnesota Statutes, Section 518.619. That section would read “Upon request of either or both parties, the court shall use a rebuttable presumption that joint legal custody and joint physical custody, with equal shared parenting, is in the best interests of the child.” The bills lay out the standard for overcoming the presumption, placing the burden on the party challenging joint custody to show, by clear and convincing evidence, that “the other parent’s actions rise to the level of endangering the child” based on a number of criteria set forth in Minnesota law. This proposed change in the law has generated more than a little coverage in the news media around Minnesota. A search of Minnesota news sources on WestlawNext from the last two years using the following:

    Joint! /3 "physical custody" & da(aft 12/31/2010) (9) Content: Minnesota News

    yields viewpoints from both sides of debate.
    In an initiative watched nationally, advocates are lobbying the Minnesota Legislature to pass a bill establishing a presumption of equal child custody rights when parents go their separate ways. . . . . It has "been the cultural custom for a long time" to award sole custody to mothers, leaving many children without the strong presence of a father in their lives, [Rev. Mary] Hovland said. The Children's Equal and Shared Parenting Act would right this by ensuring both parents are treated equally in family court, she said. "This would be quite a change from the law that is in effect now. For so long the mother has been the primary person, and now fathers are asking that they have rights too." . . . . The bill has not faced an easy road. Some of the strongest opposition has come from attorneys and domestic violence advocates who believe joint physical custody and equal shared parenting will be disruptive and costly to implement and could increase the potential for family conflict.

    2012 WLNR 4913665

    There is clear, and vocal, support both for and against the proposed amendments.  In a legislative session where much attention has been devoted to sports stadiums and voter ID, this legislation promises to remain a source of much under the radar debate, and could lead to a major shift in the current state of family law in Minnesota. As of now, it has passed the House, but appears stalled in the Senate.  Even so, I would expect this to be an issue that will be revisited again.  Given the variations on such presumptions in custody laws across the United States, there will certainly be no lack of viewpoints and experiences from which to draw as the debate progresses. For an interesting continuation to this discussion, check out the commentary left at Westlaw Insider.]]>
    5248 2013-08-23 15:23:38 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp
    Treaties, Accords, Compacts, and Things Like That http://westreferenceatt.3fivelab.com/?p=1506 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1506 recent story or heard about the latest misdeeds of Philip Morris, wherein they purchased tobacco from contracting farms in Kazakhstan that frequently used child laborers and all but enslaved other farm workers.  As a result of the Human Rights Watch report, it looks like Philip Morris has vowed to take action by “strengthen[ing] contractual obligations with farmers” and instituting "third-party compliance monitoring," according to the Wall Street Journal.  It doesn’t really sound like Philip Morris is as outraged as they should be.  I suspect it’s just another case of “don’t ask, don’t tell” until the company gets caught, then make some half-hearted, nonspecific promises to rectify the situation.  In any event, this got me thinking; there have got to be some treaties in force regarding child labor, right?  Obviously, whether Kazakhstan, a) is a party to any such treaty; and b) enforces such a treaty are other questions.  We receive a lot of calls regarding documents of this type.  There are several databases that deal with treaties on certain subjects (e.g. tax, intellectual property).  There are also a few very good databases that are “general-purpose” including American Society of International Law (ASIL), International Legal Materials (ILM), European Union Treaties (EU-TREATIES) and US Treaties and Other International Agreements (USTREATIES).  In databases like these, it’s best to (initially at least) confine your search to the Title and Preliminary fields so that you’re really only looking for the title and possible parties to the agreement.  I ran this search in all of the “general-purpose” databases and got eighteen very good results back: ti,pr(child! & work worker labor laborer).  Regrettably, I did a “locate in result” but did not see Kazakhstan mentioned anywhere… ]]> 1506 2013-08-23 15:24:38 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this _edit_last _topsy_cache_timestamp A Different Perspective of Using Westlaw for searches http://westreferenceatt.3fivelab.com/?p=1728 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1728 I received a call from a summer associate today trying to do a technique that is utilized by a number of savvy Westlaw users. While signed-in on "by transaction," the user runs a broad search bringing back a large spectrum of cases that include only the absolute necessary terms in the search. One example of such a search may be: "DISTRICT COURT" /S (AMBIGUOUS UNCLEAR VAGUE INCONCLUSIVE UNCERTAIN MISSED MISSING FAIL! NEGLECT! OMIT! MISTAKE! FORGET OVERLOOK! LACK! "LEFT OUT" IGNORE!) which returns a total number of results in the CTA1 database of 7,653 documents. Now the customer can perform a large variety of LOCATE searches within the results to retrieve cases closer to the facts of the user's situation. These LOCATE searches are non-chargeable transactions on Westlaw and provide the most inexpensive way to harness the power of Westlaw. ]]> 1728 2013-08-23 15:24:38 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this Settling Oil Spills http://westreferenceatt.3fivelab.com/?p=2206 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2206 The New York Times is reporting that those individuals who choose to partake from the BP Oil Spill Compensation Fund will, not surprisingly, be required to waive their right to sue BP.  What is perhaps slightly more surprising is that claimaints may also be required to waive similar rights against other "major defendants" associated with the disaster, including the operator of the rig and the company responsible for cementing the well. The article quotes a law professor at Vanderbilt as stating that these waivers are a hopeful attempt by BP for reciprocity, in the event claimaints settle with these other corporate defendants.  And BP itself states, in a letter sent to the House Judiciary Committee, "To be clear, it is BP’s position, consistent with this indemnification, that any settlement between Transocean and any of its injured or deceased employees must include a full release of all BP entities from any and all claims or liability in connection with the Deepwater Horizon incident." Deciding whether to settle in a situation like this can always be a tricky decision, as the article observes.  For those fortunate enough to have a Westlaw subscription, a good first step is to do jury verdict and settlement research to see what verdicts or settlements other plaintiffs have been able to get in the past for similar injuries. For example, a search in the combined jury verdicts and settlements database (JV-ALL) for "oil /3 spil!" would retrieve 343 other verdicts and settlements for any potential BP claimaint to look through.  This list could be narrowed by requiring that the verdict's topic pertain to environmental law.  For example: Search -- (OIL /3 SPIL!) & TO(environment!) Database -- JV-ALL Results --24 Documents ]]> 2206 2013-08-23 15:24:28 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this _edit_last Tracking Paul Allen’s Patent Suit vs. The Universe http://westreferenceatt.3fivelab.com/?p=2325 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2325 Co-founder of Microsoft, Paul Allen’s, firm, Interval Licensing, LLC has brought suit in the United States District Court for the Western District of Washington accusing internet giants (AOL, Apple, eBay, Facebook, Google, Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTube) of infringing patents fundamental to e-commerce and search. Given the magnitude and the potential impact of this lawsuit, keep current on the developments in the case - track the progression of this lawsuit on Westlaw. You can track this lawsuit in one of several ways: 1. Bring up the docket and then click on “Track this Docket” link. You can retrieve the docket by clicking on the following search: Database: DOCK-WA-WDCT Search: (PTN (interval /2 licensing )) 2. Go into the Alert Center directly and create a Docket Alert 3. Create CourtFeeds and Newsletters using the new CourtWire tool 4. Call the Reference Attorneys (1-800-REF-ATTY) and we can help you track the lawsuit   ]]> 2325 2013-08-23 15:24:28 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this _topsy_cache_timestamp WestlawNext Mobile - Research On The Move - Part II http://westreferenceatt.3fivelab.com/?p=2406 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2406 Foldering is a feature on WestlawNext that allows you to save your cases, documents, statutes, or anything else in your research to one, central place. As you accumulate research in your folder on WestlawNext, you always know where to go back to find it without having to search through your research history. However, this feature as a mobile enhancement is worth infinitely more to me. As a lawyer on the go you don't have the luxury to always be at a desk or the time to turn your computer on to retrieve one case or document. Access to your folders is a quick, seemless alternative to retrieve one citation or case you found in your research. Here is the foldering feature as you would see it on WestlawNext on a laptop or computer: Here is my Smith Folder on WestlawNext mobile: As you can tell, the mobile version translates very well to the normal WestlawNext platform. When you look at the items in your folder, you will notice that even the mobile platform has the symbols for cases that have notes or the eyeglasses to show which documents you have viewed recently. In addition, the folder has a Search Within function for research efficiency and those moments of panic when you know you have it in the folder, you just don't know which case is YOUR case. By keeping all your research in one place, why bring multiple copies of paper to court? Sure, maybe your opposing counsel isn't quite up with technology trends and the Court may prefer a hard copy, but why break your back with all the paper - not to mention your time savings by searching within your folder to get your exact case, snippet, or note. The mobile version also contains your snippets of cases and the cases will display any notes you or your colleagues have made in your cases. My browser arrow is on the note in the case in the picture below. In addition to notes, your highlighted text will still be highlighted in the mobile version. This just about removes any reason for paper whatsoever. Still skeptical? Try it out yourself and I guarantee you will be as excited as I was for this feature. If I was still involved in court cases, I would have folders for my current cases and matters, but also for procedure and practice. Nothing would be better than to have a folder just to substantiate any procedural objections in court or to keep a folder for recent trends and articles for my area of practice for light reading during my down time or commute to work. Tomorrow I will wrap up this three-part series with a brief discussion and quick tips on navigation on the mobile version and some helpful tips for conducting your research on the go. ]]> 2406 2013-08-23 15:24:28 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_twitter _wp_jd_clig _topsy_cache_timestamp _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed Is the Hard Rock Hotel and Casino™ too “hard rock” for the Hard Rock Cafe™? http://westreferenceatt.3fivelab.com/?p=2653 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2653 Hard Rock Café International (USA), Inc. filed suit in the United States District Court for the Southern District of New York on September 21st against the Hard Rock Hotel Holdings, LLC, the operator of the Hard Rock Hotel and Casino in Las Vegas, Nevada, and others for breach of contract, trademark dilution, trademark infringement and unfair competition.  The case number is 1:10-CV-07244.  According to the complaint, the Hard Rock Cafe™, which  opened in 1971 in London, England as a tribute to rock music and the many unique and varied rock artists who have entertained billions of people around the world since the rock n’ roll era began, alleges that the Hard Rock Hotel and Casino has allowed the Hard Rock Café’s famous trademarks to become associated with objectionable and offensive conduct that is at odds with the “brand imagery” of the Hard Rock trademarks.  At the heart of the accusations is the show “Rehab: Party at the Hard Rock Hotel”   According to the complaint, “Rehab” is a “reality “ television program that purports to depict events occurring during pool parties held on Sundays at the Hard Rock Hotel.  Hard Rock Café says that the behavior depicted in the television program is entirely at odds with the Hard Rock brand image and has and continues to damage its brand;s goodwill.  The program shows drunken debauchery, acts of vandalism, sexual harassment, violence and criminality (use of drugs) among some of the behavior shown is objectionable to the general consuming public and portrays the hotel staff as unprofessional, incompetent and abusive to guests.  I find it interesting that as early as 1956, starting with Elvis Presley, rock music was controversial.  The television show, The Ed Sullivan Show, only showed him from the waist up, because his hip shake and the rumor surrounding it was too racy for television.  This show also censored the lyrics or songs that popular rock artists sang at the time due to objectionable references to sex and drugs that were too controversial.  For example, the Rolling Stones were told they had to change the lyrics for “Let’s Spend the Night Together” and the Doors were told to change the lyrics in the song “Light My Fire” from “Girl, we couldn’t get much higher” to "Girl, we couldn't get much better".  More recently, the Federal Communications Commission slapped CBS with a $550,000 fine for the exposure of singer Janet Jackson’s breast during the 2004 Super Bowl halftime show (currently on appeal to the United States Court of Appeals for the Third Circuit , case number 06-3575).   Equally interesting is that Hard Rock Café fails to state in its complaint whether how much this type of offensive behavior is different than the drunken behavior their locations endure as a result of their own liquor licenses.  With a name like “Hard Rock” in the title of a business, I think you’d expect the business to provide some controversy in the areas of sex, drugs and rock n’ roll.]]> 2653 2013-08-23 15:24:27 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp Apple Patents, Sexting and Pinching http://westreferenceatt.3fivelab.com/?p=2811 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2811 titillating news and spawing Brett Favre , and heating up the multi-touch wars.  Our Delphion search for Apple patents issued on October 12 yielded 18 patents in total:

    (((apple) <in> PA) ) AND (PD>=2010-10-12 )

    Six of these include the term "touch"

    ((touch) AND ((apple) <in> PA) ) AND (PD>=2010-10-12 )

    The pinch to zoom patent  is US  7814163 The sexting patent is US 7812826 The copyright wars, we're familiar with.   This was the first we heard of the multi-touch wars.  Curious about who some of the players might be, we ran the following search in Thomson Innovation:

    Collection: US Granted

    US Class Code for Touch Panels: UC=(345173 or 345/173);

     Then, we ran a chart for top ten assignees by year:

    Interesting to see Apple's growth in the last few years.]]>
    2811 2013-08-23 15:24:26 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title
    Little known helpful tips on Westlaw research http://westreferenceatt.3fivelab.com/?p=2828 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2828 Federal Rules of Civil Procedure 4?  It can currently be found in the Rule 4 Annotations on Screen 5.  A copy of the Revised Model Business Corporation Act can be found in Appendix A of the treatise “Closely Held Corporation: Forms and Checklists”.  My point is that some documents appear in unexpected places and don’t be afraid to search All Texts and Periodicals for some oft-cited documents, Westlaw may have them. If you’re looking for a complete legislative history of important bills, they may be housed in little known areas, too.  The FTX-TRA86 database in Westlaw.com contains documents related to the Tax Reform Act of 1986, including complete legislative history.  The law firm of Arnold & Porter was kind enough to share some of its legal research with Westlaw and is a great provider for legislative history on the Bankruptcy Reform Act of 1994 (BANKR94-LH), Sarbanes-Oxley Act of 2002 (SAROX-LH), the North American Free Trade Agreement Implementation Act (NAFTA-LH), the Americans with Disabilities Act of 1990 (ADA-LH), the Clean Air Act Amendments of 1977 (CAA77-LH) and the Federal Water Pollution Control Act Amendments of 1972 (FWPCA72-LH).  If you can’t remember these helpful databases, use either IDEN as you database identifier or use the Smart Database feature on Westlaw and type in the name of the law.  The results you receive will surprise you.]]> 2828 2013-08-23 15:24:26 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _wp_jd_clig _jd_twitter _wp_jd_wp _wp_jd_bitly _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title Tenth Amendment gets its day in Court thanks to marital infidelity http://westreferenceatt.3fivelab.com/?p=2860 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2860 Bond v. United States to review the federal government’s power, or lack thereof, under the Tenth Amendment, although the facts of the case would never give you any indication of a constitutional conundrum.  Ms. Carol Bond, a microbiologist, found out her friend was pregnant and later discovered that her husband was the father.  Bond attempted to poison Haynes with the chemicals at least 24 times over the course of several months. She often would spread them on Haynes's home doorknob, car door handles, and mailbox. Haynes noticed the chemicals and usually avoided harm, but on one occasion sustained a chemical burn to her thumb.  After getting no help from local police, Haynes turned to her postal carriers about the chemicals on her mailbox and was referred to the United States Postal Inspection Service.  Based on Haynes's complaint, postal inspectors placed surveillance cameras in and around Haynes's home. These cameras captured Bond opening Haynes's mailbox, stealing a business envelope, and placing potassium dichromate inside Haynes's car muffler. They specifically showed Bond going back and forth between her car and Haynes's with the chemicals.  Postal inspectors ended up arresting Bond and took her to a holding cell in the Philadelphia Post Office. Once there, Bond acknowledged and waived her constitutional rights, and admitted to taking the chemicals from her work. Meanwhile, other inspectors executed the search warrants, finding a piece of Haynes's mail and amounts of the chemicals in Bond's home and car.  A grand jury in the Eastern District of Pennsylvania charged Bond with two counts of possessing and using a chemical weapon, in violation of 18 U.S.C. § 229(a)(1), a criminal statute implementing the treaty obligations of the United States under the 1993 Chemical Weapons Convention. The grand jury also charged Bond with two counts of mail theft, in violation of 18 U.S.C. § 1708.  Bond moved to suppress certain evidence and to dismiss the two chemical weapons charges. She claimed that the affidavits supporting the search warrants failed to establish probable cause to search her home and car, and she argued that 18 U.S.C. § 229 is unconstitutional because it violates principles of federalism embodied in our Constitution and the fair notice requirements of its Due Process Clause.  In the Third Circuit appeal, found at 581 F.3d 128, Bond contended that,” by permitting prosecution of “localized” offenses “without regard to the ... federalism boundaries enshrined in the Constitution[,]” § 229 “signals a massive and unjustifiable expansion of federal law enforcement into [the] state-regulated domain.” Bond's Br. at 10-11, 16. Specifically, she argues that because the statute “brings citizens into the federal criminal area for conduct not properly the subject of federal prosecutors,” id. at 11, and because it “significantly restrike[s] the delicate balance between the federal and state governments,” it violates “the unique system of federalism” protected by the Tenth Amendment to the Constitution.”  In its opinion, the Third Circuit wrote “These arguments appear to present issues of first impression in our Court. They raise questions about what constitutional authority treaty-implementing legislation must cite, and how far such legislation may reach into an area over which “[s]tates possess primary authority.” Brecht v. Abrahamson, 507 U.S. 619, 635, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). The arguments also ask us to wade into the debate over the scope and persuasiveness of the decision in Holland.”  But before they could decide the constitutional question, they had to determine if a Tenth Amendment challenge can be brought by a private party.  Even though the U.S. Circuit courts are split on this issue, the Third Circuit followed the precedent the Supreme Court articulated in Tennessee Electric Power Co. v. Tennessee Valley Authority, 306 U.S. 118, 143-144, 59 S.Ct. 366, 83 L.Ed. 543 (1939), and said that private parties lack standing to claim that the federal Government is impinging on state sovereignty in violation of the Tenth Amendment, absent the involvement of a state or its officers as a party or parties.  The Supreme Court has decided to review this argument.]]> 2860 2013-08-23 15:24:26 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title Defining the Appropriate Use of Food Stamps http://westreferenceatt.3fivelab.com/?p=2908 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2908 Mayor Bloomberg sought federal permission from the U.S. Department of Agriculture to bar New York City recipients of food stamps from using them to buy soda or other sugared drinks.  He viewed his request as a way that New York families could have “more money to spend on foods and drinks that provide real nourishment.”  In 2004, the state of Minnesota sought permission from the U.S. Department of  Agriculture to impose its own restrictions on what food could be bought with food stamps.  The Agriculture Department, in a strongly worded response sent about 2 months after the request, denied it.  Then Regional administrator Ollice Holden said the change would violate the Food Stamp Act's definition of what is food.  Holden's letter also questioned how the state would enforce the ban, noting there were no sanctions for grocers. Congress itself debated but rejected restricting the purchase of sugared drinks with food stamps as part of a 2008 farm bill, but according to the chairman of the House’s Agriculture Committee, Collin Peterson, Democrat of Minnesota suggested that the House of Representatives should think about such a ban in its deliberations over the next farm bill this year.  While this debate has united anti-hunger and anti-poverty groups with the nation’s food industry, this debate should take on greater significance as all U.S. citizens have a larger financial interest in this issue since under the Patient Protection and Affordable Care Act (P.L. 111-148), citizen’s hard-earned tax dollars will be used to provide dental benefits, nutrition guideline and obesity reduction to all U.S. citizens.  Besides, shouldn't the federal government reconcile the different positions its takes for food one can buy with stamps versus the vouchers provided under the WIC (Women, Infants and Children) program.  Under the WIC program, soda, whether sweetened with sugar or artificially, as well as carbonated drinks enhanced with traces of vitamins or minerals, are excluded from the program.]]> 2908 2013-08-23 15:24:26 0000-00-00 00:00:00 open open pending 0 0 post 0 _wp_jd_yourls _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _edit_last _slidedeck_slide_title Celebrity Weddings http://westreferenceatt.3fivelab.com/?p=2988 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2988 Monge v. Maya Magazines (2010 WL 3835053) the court dismissed claims of copyright infringement and misappropriation of likeness, holding that the “transformative use” of the photographs outweighed their commercial nature and constituted fair use.  The court focused on the first fair factor: the purpose and character of the use.  Because the defendant utilized the photographs for a purpose other than their original use, the court found the publication was fair use and granted the motion for summary judgment. What is interesting about this case is the specific context in which the photographs were published.  The plaintiffs in Monge were married in a secret Vegas ceremony that they subsequently denied.  Thus, unlike the usual instance of celebrity wedding pictures, the defendants in this case were not using the photographs as documentation of the wedding but rather as evidence that the wedding occurred.  Note that the court also dismissed the misappropriation of likeness claim as falling within the public interest exception. There is actually an interesting treatise on Westlaw that covers the issue of publicity rights.  The Rights of Publicity and Privacy (RTPUBPRIV) by Thomas McCarthy (the same author of McCarthy on Copyrights) provides an insightful overview of issues pertaining to celebrities’, politicians’, and private citizens’ rights in their publicity and likeness.  Check out section 4:46 et seq, where McCarthy has an interesting discussion of how those rights relate to photographs, nicknames, and look-alikes. ]]> 2988 2013-08-23 15:24:26 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title Discovery Objections http://westreferenceatt.3fivelab.com/?p=3102 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3102 Analytical Research: There are several resources on Westlaw that provide guidance and you can leverage the expertise of experts in the field. Often these analytical materials have very helpful tables of contents, for example:
    • Handbook of Federal Civil Discovery & Disclosure (FEDCIVDISC), Handbook of Federal Civil Discovery and Disclosure includes a step-by-step, situation-by-situation guide, with forms, Author(s): Jay E. Grenig and Jeffrey S. Kinsler
    • Federal Rules of Civil Procedure, Rules and Commentary (FRCP-RC ), Federal Rules of Civil Procedure, Rules and Commentary is a comprehensive two-volume treatise that provides guidance to practice under the Federal Rules of Civil Procedure.
    • Federal Practice & Procedure (FPP), Wright & Miller's Federal Practice & Procedure provides comprehensive and authoritative coverage on all procedural aspects of the practice of law before federal courts
    Trial Court Filings: Another great resource to see how other practitioners are handling discovery issues. For Federal Civil Trial Filings, try a comprehensive database such as FED-FILING-ALL or go to a particular district such as United States District Court, S.D. New York Civil Trial Filings NY-SDCT-FILING , DT(COMPEL! OBJECT! /7 DISCOVER! DEPOS! INTERROGATORY))]]>
    3102 2013-08-23 15:24:25 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp
    DADTs All Folks... http://westreferenceatt.3fivelab.com/?p=3327 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3327 111th Congress is using its remaining moments to address a flurry of policies: tax relief, nuclear proliferation, the Dream Act and, in a surprise turn-around, “Don’t Ask, Don’t Tell”. Earlier this month, it appeared as if a repeal of Don’t Ask, Don’t (DADT) Tell died in dramatic fashion on the Senate floor when Republican Senator Susan Collins and Senate Leader Reid could not reach the compromise necessary to bring the Defense Authorization Bill (with the DADT repeal attached) to a vote. The DADT repeal, however, appears to be alive, kicking and looking for a vote.  (Cue classic hit)  You can track the two stand-alone bills introduced to repeal DADT using our Federal Bill Tracking tool.  Senate Bill 4023 and House Bill 6520 have until January 3, 2011 to make their ways fully through the Senate and House if the repeal is to make it to the President’s desk. You can read the full text of each bill using Westlaw's Congressional Bill Text database and searching for each bills’ number. At this point, it appears supporters of repeal have the Senate votes necessary to reach cloture and cut-off any filibuster.  “Sure bets” in Washington probably don’t garner large wagers, so have fun with our Bill Tracking and watch this all play out. Civic-participation is vital to the health of our democracy.  Let your elected officials know how you feel about DADT, tax cuts, the Start Treaty or anything else (this is a democracy, after all.)  You can find your Senator here and your Representative here.]]> 3327 2013-08-23 15:24:05 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title Don't Ask, Don't Tell http://westreferenceatt.3fivelab.com/?p=3379 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3379 PL 111-321 on Westlaw or WestlawNext.  Current DOD directives can be searched on the DOD Issuances website. Full text searching of DOD directives can be done in the Federal Register (FR) database.  Try:

    pr(dod +2 directive) and homo-sexual

    Discharge information is not available on Westlaw. A few other DADT-related research references are forthcoming.]]>
    3379 2013-08-23 15:24:05 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title
    Severability and Healthcare Law http://westreferenceatt.3fivelab.com/?p=3585 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3585 today's decision declaring the healthcare law unconstitional.  We'll update this post with the citation when the case is available.  In the meantime, we were discussing the issue of severability: RESEARCH REFERENCES Schiavo ex rel. Schindler v. Schiavo 404 F.3d 1270
    Recognizing that the provisions of Section 2 of the Act are unconstitutional, it remains to be determined whether such unconstitutionality renders the entire Act a nullity under the doctrine of nonseverability. “The standard for determining the severability of an unconstitutional provision is well established: Unless it is evident that the Legislature would not have enacted those provisions which are within its power, independently of that which is not, the invalid part may be dropped if what is left is fully operative as a law.” New York v. United States, 505 U.S. 144, 186, 112 S.Ct. 2408, 2434, 120 L.Ed.2d 120 (1992) (internal quotations and citations omitted). In most cases where unconstitutional sections of a statute have been severed the legislation has contained a severability clause. See, e.g., INS, 462 U.S. at 932, 103 S.Ct. at 2774. The absence of a severability provision, however, should not be construed to create a presumption against severability. See New York, 505 U.S. at 186, 112 S.Ct. at 2434.
    KeyNumber: 361k64 Effect of Partial Invalidity]]>
    3585 2013-08-23 15:24:04 0000-00-00 00:00:00 open open pending 0 0 post 0 _wp_jd_url _wp_jd_yourls _wp_jd_wp _jd_wp_twitter _wp_jd_target _wp_jd_bitly _jd_tweet_this _wp_jd_clig _jd_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp
    US STRATEGY TO SEE QADAFFI LEAVE OFFICE http://westreferenceatt.3fivelab.com/?p=3743 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3743
  • Isolate Qaddafi: International community speaks with one voice - the United States, the Europeans, the U.N., the Arab League, African Union and others deliver a clear message to Qaddafi. Building and maintaining international support
  • Imposition of Strong Sanctions
  • Taking measures to hold members of Qaddafi regime accountable by referring them to the International Criminal Court
  • Provide assistance to and support the opposition
  • Suspending Libya’s embassy in the United States
  • Provide assistance to support humanitarian needs of Libyans
  • Pursue military options
  • For the full Briefing, see 2011 WL 825667 in the database PRES-DAILY.]]>
    3743 2013-08-23 15:24:03 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp
    UN AUTHORIZES USE OF FORCE IN LIBYA http://westreferenceatt.3fivelab.com/?p=3760 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3760 USTREATIES, and run the following search: TI(united-nations /3 charter) A great source for United Nations related news is a database called UN News Service: UNNEWSSERV. The database contains documents from UN News Service (New York). A document is an article, column, letter, or other section of text. To see a general, current and timely discussion regarding the UN Resolution try a search in the ALLNEWSPLUS, such as: DA(3/2011) & PR,TI(U.N. UNITED-NATIONS /5 RESOLUTION & LIBYA!)]]> 3760 2013-08-23 15:24:02 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp Make it easier to find that Statue of Limitations http://westreferenceatt.3fivelab.com/?p=3887 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3887 3887 2013-08-23 15:24:01 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _wp_jd_clig _jd_twitter _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title Avoiding N.B.A. Lockout No Slam Dunk http://westreferenceatt.3fivelab.com/?p=4031 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4031 4031 2013-08-23 15:24:00 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last Kim Kardashian Files Komplaint Over Kopykat in Kommercial http://westreferenceatt.3fivelab.com/?p=4251 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4251 2011 WL 2934923) in a U.S. District Court in California against The Gap, Inc., parent company of Old Navy, for willful violation of 15 U.S.C. § 1125(a), violation of California Civil Code § 3344, and common law commercial misappropriation. The catalyst for her suit is an Old Navy television ad featuring a Kim Kardashian look-alike who evoked her identity and persona. Kardashian seeks as much as $20 million in compensatory and punitive damages. The basis of the suit is false or misleading representations and infringement of both common law and statutory rights of publicity. Kardashian must prove a likelihood of confusion in the marketplace by consumers. The applicable standard of proof is by a preponderance of the evidence. To sustain a common law cause of action for commercial misappropriation, a plaintiff must prove: (1) the defendant's use of the plaintiff's identity, (2) the appropriation of plaintiff's name or likeness to defendant's advantage, commercially or otherwise, (3) lack of consent, and (4) resulting injury. Further, a plaintiff alleging a statutory cause of action for commercial misappropriation must prove all the elements of the common law cause of action and, additionally, must allege a knowing use by the defendant as well as a direct connection between the alleged use and the commercial purpose. Legal experts have not gauged the likelihood of Kardashian prevailing in her lawsuit. The final outcome is likely some time away. However, based upon the complaint, right now there is one thing we know for certain: The Kardashians have been keeping up with legal precedent in federal trademark law. For additional cases and secondary sources on similar trademark issues, the following searches can be run on Westlaw: Search - SY,DI(PROOF EVIDENCE PROVE /5 PREVAIL! /S 15 +5 1125-(A)) (14 Docs) FIP-CS Search - PROOF EVIDENCE PROVE /S PREVAIL! /S (FALSE MISLEADING /3 REPRESENTATION) (15 +5 1125-(A)) (16 Docs) IP-TP]]> 4251 2013-08-23 15:23:58 0000-00-00 00:00:00 open open pending 0 0 post 0 _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title _topsy_cache_timestamp Searching in Legislative History http://westreferenceatt.3fivelab.com/2010/05/searching-in-legislative-history/ Mon, 03 May 2010 21:00:16 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=103 var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; Throughout the Summer, we’ll be breaking down one of the most challenging research challenges: legislative history.  We take a lot of calls on this.  Even the most experienced attorneys have a difficult time researching legislative history.  Tracking down the committee reports, conference reports and bill drafts is hard.  First tip: the credit field on a statute presents the entire history of the statute in one area.  By looking through the credit field, researchers can see when the statute was initially passed and how many times it was modified over the years.  This simplifies the research process because the researcher knows what time frame he or she should be searching through to find relevant reports and materials. See for example, 15 USCA § 1057: [caption id="attachment_126" align="aligncenter" width="300" caption="click to enlarge"][/caption] How many U.S. statutes were amended so far in 2010? Try: Database: usca Query: cr(2010)]]> 103 2010-05-03 14:00:16 2010-05-03 21:00:16 open open searching-in-legislative-history publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _topsy_cache_timestamp _topsy_long_url topsy_short_url ks_metadata Wall Street Reform: Following the Mayhem http://westreferenceatt.3fivelab.com/2010/05/wall-street-reform-following-the-mayhem/ Mon, 03 May 2010 16:00:58 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=112 var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; It is a cuss-out on capitol hill (see Sen. Carl Levin Holds a Hearing on the Causes of the Financial Crisis, Panel 1)!  The reform issue is extremely contentious and has every financial institution worried.  Therefore, many law firms that service those institutions are keeping their eyes to the nation’s capitol.  That also means the Reference Attorneys are getting the frequent “where do I start?” calls. If you happen to be the lucky (unlucky) summer associate that seems to be available, you may get the daunting task of collecting material that may help associates and partners keep abreast of the mayhem in D.C. related to Wall Street reform.  No reason to panic, the late shows are not the only place where you will find helpful information (although they may help you stay sane). To get a foothold, it is a good idea to run a general search through a news database (ALLNEWS, ALLNEWSPLUS, RALLNEWSPLUS). A workable search would be something like: “Wall St.” financ! /3 reform debate.  Also, using a date restriction will make your hits manageable (maybe back to November of last year since the House passed their form of Wall Street reform back in December).  Then run locates for terms that will help you narrow the material to the gold nuggets such as:  senate house /3 bill report committee hearing testimony.  Since your results will be in reverse chronological order, make sure to peruse more than just the first page. You will find topics will be clumped because the issue of the day will be reported by several news organizations in different ways.  No doubt, you will find several gems, such as the bill numbers for the Senate Bill (2009 CONG US S 3217) and the House Bill (2009 CONG US HR 4173) as well as terms you would like to explore further like the “Volcker Rule” and “Goldman Sachs.” At this point you have some dangerous leads that need to be explored.  Use the terms you have found and run searches using the federal legislative history tab along with the databases like USCCAN-REP and FED-LH. Did one of your news or legislative searches do you good?  Then keep running it.  For example, the Volcker Rule (section 619) is an important piece of the reform legislation and after running a search in the news and the legislative history databases I have saved a Westclip.  This will pick up any discussion about the “Volcker Rule” alerting me when there are new articles on the subject. Legal research is a combination of art and science, so there really is no “right” way to go about working your way through the financial reform debate.  However, I hope I have made it clearer on how the process can work for you.]]> 112 2010-05-03 11:00:58 2010-05-03 16:00:58 open open wall-street-reform-following-the-mayhem publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url ks_metadata Security Concerns of Mobile Device Use in Practice of Law http://westreferenceatt.3fivelab.com/2010/05/security-concerns-of-mobile-device-use-in-practice-of-law/ Mon, 03 May 2010 13:00:15 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=115 var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; While losing an iPhone prototype might earn an Apple engineer a free flight and a free beer, the same might not be said for the attorney who loses her Blackberry. Are you concerned about the security of the information on your mobile device?  What if someone gets access to this confidential information? What ramifications might it hold regarding attorney-client privilege? In December last year, Jeff Richardson (iPhone J.D.) complained:
    Security is very important for lawyers, but articles like [ABA’s Parting the Curtains on the iPhone's Security Problems] frustrate me a little.  First, the hacking required is very sophisticated.  The hacker mentioned in that article is Jonathan Zdziarski, the foremost authority on iPhone security who literally wrote the book on iPhone Forensics.  I have no doubt that if Zdziarski gets your iPhone and wants to do you harm, you are in trouble.  The random guy who picks up the iPhone you left on a subway will almost certainly not be Jonathan Zdziarski.
    To read more about this emerging issue, and the pros and cons of using mobile devices in your law practice, try the following Westlaw searches: [print_this] Database:     ALLNEWS Search:

    IPHONE BLACKBERRY "SMART PHONE" TREO "PALM PILOT" "PERSONAL DIGITAL ASSISTANT" "MOBILE DEVICE" /P "LAW FIRM" LAWYER ATTORNEY COUNSEL /P #SECURITY PRIVATE PRIVACY & ATTORNEY-CLIENT-PRIVILEGE

    Database:       TP-ALL Search:

    IPHONE BLACKBERRY "SMART PHONE" TREO "PALM PILOT" "PERSONAL DIGITAL ASSISTANT" "MOBILE DEVICE" /50 "LAW FIRM" LAWYER ATTORNEY COUNSEL /50 #SECURITY CONFIDENTIAL   ATTORNEY-CLIENT-PRIVILEGE

    Database:        ABAJ Search:

    TI(IPHONE BLACKBERRY "SMART PHONE" P.D.A. "PERSONAL DIGITAL ASSISTANT" "MOBILE DEVICE") & #SECURITY ATTORNEY-CLIENT-PRIVILEGE CONFIDENTIAL!

    [/print_this]]]>
    115 2010-05-03 08:00:15 2010-05-03 13:00:15 open open security-concerns-of-mobile-device-use-in-practice-of-law publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url ks_metadata 23344 Kuman1914@harvard.edu http://www.injuryattorneymanhattanbeach.com 64.120.37.76 2011-01-25 14:47:00 2011-01-25 20:47:00 0 0 0 23345 http://searchlookfind.wordpress.com/2011/03/29/has-mobile-marketing-trends-changed-the-way-companies-advertise/ 74.200.245.190 2011-03-28 20:10:29 2011-03-29 01:10:29 1 pingback 0 0 23346 heaver@yahoo.com http:// 110.55.3.38 2012-11-07 00:07:38 2012-11-07 06:07:38 http://www.prettygoddess.com]]> 0 0 0 23347 preofficially@gmail.com http:// 110.55.3.89 2012-12-23 22:51:34 2012-12-24 04:51:34 there are massive price drops when it comes to mobile devices these days, i really love it : Our new website http://www.beautyfashiondigest.com/brazilian-keratin-hair-treatment/]]> 0 0 0
    Civil Insider Trading Cases http://westreferenceatt.3fivelab.com/2010/05/civil-insider-trading-cases/ Tue, 04 May 2010 13:00:01 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=135 var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; Pending government investigations of insider trading that possibly occurred during the financial crisis that started in 2008 are leading to the potential for complex civil actions against finance and investment firms.  Hubuschman et al. v. Goldman Sachs Group Inc. et al. is a derivative action brought by Goldman Sachs shareholders against the company’s officers and directors.  (The complaint is on Westlaw at 2010 WL 1654116 and the docket can be located here: (1:10cv03476)) Finance blogs are taking notice and the Wall Street Journal blog indicates that other figures from the finance industry and other financial firms might be implicated later this summer.   The Hubuschman complaint was filed on April 26, 2010, and it may be just the opening salvo by attorneys and shareholders against firms like Goldman Sachs.  As the Summer of 2010 unfolds, access to pleadings like the Hubuschman complaint on Westlaw will help interested attorneys and associates see the legal issues raised by such complex derivative actions.]]> 135 2010-05-04 08:00:01 2010-05-04 13:00:01 open open civil-insider-trading-cases publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url ks_metadata Arizona’s Immigration Enforcement Act http://westreferenceatt.3fivelab.com/2010/05/arizonas-immigration-enforcement-act/ Tue, 04 May 2010 16:00:37 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=137 var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; Arizona’s attempt to tighten immigration enforcement in the state by passing the “Support our Law Enforcement and Safe Neighborhoods Act” (Senate Bill 2010) has generated an enormous reaction.  Although several states are reportedly contemplating similar legislation, numerous lawsuits have been threatened challenging the constitutionality of the Act, and at least two suits have already been filed. The session law can be located on Westlaw by doing a find to AZ LEGIS 113 (2010), and the bill drafts and legislative reports are located within the “Legislative History” tab appearing on the left-hand side of that document.  Barring any court action, the act will go into effect 90 days after the Arizona legislature adjourns, and the most controversial provisions will be codified at AZ ST § 11-1051. Two actions challenging the constitutionality of the legislation have already been filed in Arizona District Court.  The dockets for these suits are found in the DOCK-AZ-DCT data base, and can be located by running the following search:  (Def (Brewer)) & FLD(aft /04/24/2010).  The complaints are on Westlaw at:  2010 WL 1716679   & 2010 WL 1715384]]> 137 2010-05-04 11:00:37 2010-05-04 16:00:37 open open arizonas-immigration-enforcement-act publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last _topsy_long_url topsy_short_url _topsy_cache_timestamp ks_metadata First Sale Doctrine: Omega vs. Costco http://westreferenceatt.3fivelab.com/2010/05/first-sale-doctrine-omega-vs-costco/ Tue, 04 May 2010 19:00:41 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=138 We have received contact from several Summer Associates who are interested in being notified whenever there is any new information, before the decision, on pending US Supreme Court cases. Of particular interest to a few intellectual property summer associates has been Omega vs. Costco, a case the Supreme Court just agreed to hear regarding whether the 'first sale doctrine' applies to copyrighted material produced and sold outside of the US, and then later imported for sale to the United States. Costco vs. Omega would seem to have wide reaching implications.  Critics of the 9th Circuit approach maintain that the interpretation of the lower court would allow businesses to control the importation of their goods even after the first sale simply by manufacturing them overseas instead of within the United States. The dispute in question arose after the bargain chain Costco purchased Omega watches for resale from an overseas supplier.  Three provisions of the Copyright act are implicated. Section 106(3) gives the Copyright holder the authority to distribute copies exclusively.  Section 602(a) gives the Copyright holder the sole authority to import copies that were produced outside of the United States and 109(a) contains the first sale doctrine. The doctrine of first sale essentially means that once a copyright holder has sold a “lawfully made” copy, they no longer have any control over what the purchaser does with the copy.  You may be wondering why the watches enjoy copyright protection in the first place.  The answer is Omega added a copyrighted globe designe to their watches presumably in the hopes that they might be able to take advantage of the copyright importation protection in 602(a). Under 9th Circuit precedent in the past, the first sale protection of 109(a) applied only to goods lawfully manufactured in the United States.  In the decision presently being appealed, the 9th Circuit had to determine whether the Supreme Courts decision in Quality King necessitated overruling the 9th Circuits previous precedent.  Quality King held that goods manufactured in the United States, that were then exported and re-imported, did not enjoy the import exclusivity protection of 602(a), due to the doctrine of first sale. The 9th Circuit distinguished Quality King, and held that since the Omega watches were not manufactured in the United States, they were not “Lawfully Made” under the laws of the United States.  Therefore, the doctrine of First Sale did not apply.  Consequently the court held that Omega enjoyed the exclusive ability to import the watches even after they had already been sold.  The Supreme Court granted Certiorari on April 19th 2010. There is a great deal of information available for this case already on Westlaw.  First, you can look at the 9th Circuit decision found at 541 F.3d 982.  Secondly, you can find the Petition for Certiorari and any briefs written in support or in opposition with the query:

    Westlaw Database: SCT-PETITION

    Query: TI(OMEGA & COSTCO)

    You might also wish to set up a Westclip alert with the same query in the  SCT-BRIEF database.  Here, you will get an email when any briefs (amicus or party) are filed.  You can also set up the same Westclip in SCT-TRANSCRIPTS to be notified when the transcript of the oral argument is added to Westlaw.  Finally, you can set up a Westclip with the same search in SCT to be emailed when the case comes online.]]>
    138 2010-05-04 14:00:41 2010-05-04 19:00:41 open open first-sale-doctrine-omega-vs-costco publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _topsy_cache_timestamp _topsy_long_url topsy_short_url 23348 http://www.watchtalkforums.info/forums/omega-forum/46315-3.htm#post420742 64.57.214.46 2010-12-24 00:27:05 2010-12-24 06:27:05 1 pingback 0 0 23349 16Kevwitch@harvard.edu http://www.garagedoorrepairsandyspringsga.com 184.82.83.74 2011-01-10 14:47:57 2011-01-10 20:47:57 0 0 0 23350 http://www.theconferencecircuit.com/2011/06/16/copyright-issues-of-the-day/ 71.188.75.13 2011-06-16 15:24:06 2011-06-16 20:24:06 1 pingback 0 0 23351 Thuotte8971@yahoo.fr http://spuemonti.net 108.62.239.121 2011-08-31 18:34:55 2011-08-31 23:34:55 0 0 0 23352 HollardGelormino9547@gmail.com http://www.facebook.com/note.php?note_id=266922000023299 180.183.203.66 2011-12-05 18:01:34 2011-12-06 00:01:34 0 0 0 23353 StokkeDeangeles6168@aol.com http://www.facebook.com/note.php?note_id=104608596323918 180.183.203.66 2011-12-05 18:05:09 2011-12-06 00:05:09 0 0 0 23354 supergreen@martrans.org http://www.facebook.com/profile.php?id=100003407142811 201.253.70.118 2012-12-11 07:47:32 2012-12-11 13:47:32 0 0 0
    Researching Social Media http://westreferenceatt.3fivelab.com/2010/05/researching-social-media/ Wed, 05 May 2010 13:00:39 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=184 // Social media sites are getting a lot of coverage lately.  Avoiding liability in this realm involves maybe a little more than common sense.  Yesterday, we learned one law firm launched a practice group dedicated to social media. A quick tip to get  research started in this area is to start broad and locate. Remember, when in transactional searching, locates are free. You can do as many as you need at no additional charge. I would  start with a broad search like the one below. I ran it in three different databases to give you a sense of the sheer volume of material out there on this topic. [print_this] Search: SOCIAL-MEDIA SOCIAL-NETWORK! BLOG BLOGGER BLOGGING MYSPACE FACEBOOK TWITTER /P PRIVATE PRIVATELY PRIVACY SECURE SECURED SECURITY Database: TP-ALL (2788 Docs) Database: ALLCASES (135 Docs) Database: ALLNEWS (9513 Docs) * Please note that without identifying duplicate documents, the ALLNEWS search would jump to more than 50,000 hits. Now the average person is not going to have the time (or the patience) to go through 135 cases or secondary sources and articles whose numbers are in the thousands. Instead, use locates to narrow the searches to more manageable numbers. Locating by fields is a great way to narrow your result lists. Try the following: Locate: TI,PR(SOCIAL-MEDIA SOCIAL-NETWORK! BLOG BLOGGER BLOGGING MYSPACE FACEBOOK TWITTER /P PRIVATE PRIVATELY PRIVACY SECURE SECURED SECURITY) Database: TP-ALL (101 Docs) Database: ALLNEWS (382 Docs). Another great way to reduce the size of your result lists, provide more relevant results, and save you time is to add additional terms to narrow the search or decrease your connectors. Try: Locate: (SOCIAL-MEDIA SOCIAL-NETWORK! BLOG BLOGGER BLOGGING MYSPACE FACEBOOK TWITTER /P PRIVATE PRIVATELY PRIVACY SECURE SECURED SECURITY /S EMPLOY! /S LIAB!) Database: TP-ALL (24 Docs) Database: ALLNEWS (17 Docs) Locate: (SOCIAL-MEDIA SOCIAL-NETWORK! BLOG BLOGGER BLOGGING MYSPACE FACEBOOK TWITTER /P PRIVATE PRIVATELY PRIVACY SECURE SECURED SECURITY /S EMPLOY!) Database: ALLCASES (14 Docs)[/print_this]]]> 184 2010-05-05 08:00:39 2010-05-05 13:00:39 open open researching-social-media publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp ks_metadata _topsy_long_url topsy_short_url Locating Enacted Versions of Uniform Laws http://westreferenceatt.3fivelab.com/2010/05/locating-enacted-versions-of-uniform-laws/ Wed, 05 May 2010 16:00:38 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=188 var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; I’ve received some calls lately on locating enacted versions of Uniform Laws.  Most often these requests relate to locating different state versions of the Uniform Commercial Code.  Uniform Laws or Model Acts are drafted by the National Conference of Commissioners on Uniform Laws and then enacted or adopted by individual states either as-written or with some alterations.  The most common requests are regarding the Uniform Commercial Code, but there are Uniform or Model laws for a host of topics, including the Uniform Arbitration Act, the Uniform Marriage and Divorce Act, and the Model Penal Code. Often attorneys want to find which states have adopted a Uniform Act and where in their statutes they can find it.  There is any easy way to do this that doesn’t involve searching each state’s statutes individually.  First, go to the database Uniform Laws Annotated (ULA).  Then click on the table of contents link in the upper right corner.  This takes you to a page with a long list of uniform or model laws.  Scroll through until you find the one you’re looking for and then click the plus sign just to the left of the title. The first entry on this list is a Refs & Annos entry: [caption id="attachment_211" align="aligncenter" width="300" caption="Click to Enlarge"][/caption] The link provides you with a table of jurisdictions where the model law or code has been adopted and the location of the code within that particular state’s statutes: [caption id="attachment_222" align="aligncenter" width="300" caption="Click to Enlarge"][/caption] If there are multiple versions of a model law, make sure you check the Refs & Annos for each version, as some states may have enacted an older version but have not updated to the newer one.]]> 188 2010-05-05 11:00:38 2010-05-05 16:00:38 open open locating-enacted-versions-of-uniform-laws publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp ks_metadata _topsy_long_url topsy_short_url World Cup Violence Concerns http://westreferenceatt.3fivelab.com/?p=907 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=907
    The world's best soccer players will be on the pitch this summer battling for the World Cup, and World Cup organizers are hoping to keep the battle on the field.  Some materials on Westlaw* outline the legal precautions authorities are taking to control overzealousness related to the World Cup.  Authorities and organizers are concerned that spirited team support could morph into frenzied hysteria-or even violence-for a dangerous minority of fans.  In one demonstrative incident, soccer fans used darts, coins, golf balls and mobile phones as weapons after a soccer match.  There is concern that violence will rise in pubs and even in homes (see 2010 WLNR 11817116, for example) during the tournament.
    *Database: allnews
    Query: TI,PR(WORLD /3 CUP /3 RIOT VIOLENCE)
    ]]>
    907 2013-08-23 15:24:59 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this _topsy_cache_timestamp
    Deepwater Horizon lawsuits may encounter long delays due to judicial recusals http://westreferenceatt.3fivelab.com/?p=1085 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1085 28 U.S.C.A. 455 covers disqualification of justice, judge or magistrate judge. Subsections 455(b)(4) and 455(b)(5) states that a judge must disqualify himself when he knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; or he or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: (i) Is a party to the proceeding, or an officer, director, or trustee of a party; (ii) Is acting as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding. Currently seven of the twelve federal judges in New Orleans, the Eastern District of Louisiana, have recused themselves from the oil spill cases. Judges have cited conflicts such as ownership of BP, Halliburton, or TransOcean stock (all companies involved in the oil rig disaster) and close relatives who are plaintiffs' lawyers with oil spill cases. Another potential problem is that judges in the area own property in the area affected by the oil spill and may become potential class members in litigation against the possible defendants. The longer the spill continues, the more other parties will be affected by the outcome of the spill and the increased possibility that judge recusals will continue. To avoid the conflict-ridden Eastern District of Louisiana, BP shareholders have filed suit in the Western District of Louisiana. Ultimately, the oil spill cases themselves may need to be sent to other U.S. District courts or a non-conflicted magistrate may need to be appointed to hear the issues.]]> 1085 2013-08-23 15:24:41 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this _edit_last _topsy_cache_timestamp The Family Medical Leave Act and Domestic Partners http://westreferenceatt.3fivelab.com/?p=1219 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1219 The Department of Labor clarified the regulations for the Family Medical Leave Act, which allows workers to take up to 12 weeks of unpaid leave to care for loved ones or themselves or for the birth or adoption of a child.  The clarification adds domestic partners , defined as “an adult in a committed relationship with another adult, including both same-sex and opposite-sex relationships,” and expands the definition of children for whom an employee may use leave to care for to include domestic partner’s children.

    Read the Final Rule on Westlaw: 75 FR 33491-01

    And on WestlawNext: 75 FR 33491-01

    ]]>
    1219 2013-08-23 15:24:40 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this
    Interrogatories about Interrogatories http://westreferenceatt.3fivelab.com/?p=1237 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1237 Recently I’ve had some calls from summer associates looking for examples of interrogatories. The old way to search for interrogatories was in a Forms database. However, now Westlaw has three new databases filled with interrogatories filed in both state and federal courts. Currently they are only available on Westlaw.com but we’ll soon have them on WestlawNext. Search: Database: INTERROG-ALL (or INTERROG-FED or INTERROG-STATE) Terms or Phrases: “Res Ipsa” This search will pull back results in all three databases; however the template box will also let you search by case type or party.]]> 1237 2013-08-23 15:24:40 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this Reviewing Judge Feldman's Financial Interests http://westreferenceatt.3fivelab.com/?p=1294 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1294 2008 financial disclosure report, the most recent available, he also disclosed investments in Ocean Energy, a Houston-based company, as well as Quicksilver Resources, Prospect Energy, Peabody Energy, Halliburton, Pengrowth Energy Trust, Atlas Energy Resources, Parker Drilling and others. On Thursday June 24th, Judge Feldman granted a motion from several environmental groups requesting that he disclose a more recent financial statement. He wrote that it would be released by the office of the federal courts as soon as practicable.  Feldman recently filed a financial disclosure statement for 2009, but it won't be available to the public until the judge has a chance to request redactions, said Richard Carelli, spokesman for the Administrative Office of the U.S. Courts. Judge Feldman's 2009 financial disclosure report by U.S. District Judge Martin L.C. Feldman was made public by the Administrative Office of the U.S. Courts after the media requested an updated account of the judge’s oil and gas industry holdings after his recent moratorium decision.  The report showed that he still owned shares in at least 17 oil and gas industry companies including an undisclosed interest in Transocean, but none of the companies in his portfolio were parties to the appeal on which he ruled.  Did he have a financial interest in the subject matter in controversy or can his impartiality be reasonably questioned?  For now, you can be the judge. ]]> 1294 2013-08-23 15:24:40 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this _topsy_cache_timestamp Nursing mother kicked out of store http://westreferenceatt.3fivelab.com/?p=1327 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1327 more link below the relevant document type on the left side of the screen. So what claims could a nursing mother bring against a store that asked her to leave?  Go to 2010WL2544914 and find out. ]]> 1327 2013-08-23 15:24:40 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this _edit_last _topsy_cache_timestamp Topical Resources http://westreferenceatt.3fivelab.com/?p=1398 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1398 “I need to find treatises on insurance."
    "I need to look at treatises talking about the automatic stay.”
    Reference attorneys field a lot of questions regarding what topical treatises are available on Westlaw.  Sifting through numerous treatises on various topics can be daunting.  Westlaw editors have organized treatises specifically by practice areas.  If you go to the directory, then click on “Topical Materials by Area of Practice”, you can see all available topics.  You can click on the topic you’re looking for.  Under each topic, there is a link “forms, treatises, CLEs and Other Practice Material”, which has a list of the topical treatises available. ]]>
    1398 2013-08-23 15:24:39 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this _topsy_cache_timestamp
    Nothing Too Serious Today, Just a Humorous Lawsuit http://westreferenceatt.3fivelab.com/?p=1430 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1430 DOCK-NY-EDCT for TI,PTN(TIMOTHY /2 DAHL).  (I just put this in the “Key Search Terms” box that shows up on the template screen. ]]> 1430 2013-08-23 15:24:40 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this How to Find Last Week's Research http://westreferenceatt.3fivelab.com/?p=1781 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1781 ]]> 1781 2013-08-23 15:24:38 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this Watch And Learn From The Professionals http://westreferenceatt.3fivelab.com/?p=1832 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1832 really real-world, like trying your first case or maybe making an oral argument, what type of Mentoring or exposure can one get?  Sure, you could tag along with a partner or some other attorney when she has her day in court, but what if your case is product liability and the partner is arguing a securities case? I’ve recommended to more than a few Summer Associates the database State and Federal A/V Trial Transcripts (AVTRIALS-ALL).  Here you can actually access a video recording of all phases of trials and oral arguments so you can not only see what was argued, but how it was argued.  You can see that I did a fairly broad search in terms of the type of case, and made sure to check “video” to only get cases that I can watch the attorneys at work.  If you want to look at only, say, voir dire, you can specifically select parts of the trial.  But if you don’t, every case that comes up will list, and give a link to, each separate part of the trial at the bottom. ]]> 1832 2013-08-23 15:24:38 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this _topsy_cache_timestamp Search Forms From Your Competition - ModelDocs http://westreferenceatt.3fivelab.com/?p=1848 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1848 ]]> 1848 2013-08-23 15:24:38 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this Coming Soon: The Kagan Database http://westreferenceatt.3fivelab.com/?p=1927 Wed, 30 Nov -0001 00:00:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1927 1927 2013-08-23 15:24:38 0000-00-00 00:00:00 open open pending 0 0 post 0 jd_tweet_this _edit_last _topsy_cache_timestamp The Importance of Using a Thesaurus http://westreferenceatt.3fivelab.com/2010/05/the-importance-of-using-a-thesaurus/ Wed, 05 May 2010 19:00:13 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=190 var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; As state legislatures are busy reviewing a myriad of legislation in the waning days of their legislative sessions, it may become difficult to find or track the legislation in which you are interested.  Many times as practitioners, unless we are true legislative analysts, our knowledge about a particular piece of proposed legislation rivets on the words in an article written by reporters walking the legislative beat. They determine how they can best convey the idea of a bill in “soundbite” wording that may never properly correspond to the wording in the legislation. One clear example of this problem is the “Parental Liability Waiver bill” in Florida that was recently passed by the legislature and signed into law last week.  The impetus for the law is that the Florida Supreme Court two years ago invalidated such waivers because the state didn't have a law allowing them. After much debate in the state, the legislature decided to pass a law allowing such waivers.  If you did not have the particular number of this bill (S.B. 2440), you would probably be searching this bill using terms like “Parental waiver” and “liability.”  If you did, you might very well get frustrated in your attempts to find the new law.  For you see, the law never mentions the term “parent.”  The bill discusses the “liability release signed by a natural guardian.” To lessen the amount of frustration you may be experiencing in your electronic research, don’t forget your old friend, the Thesaurus.**  You can  turn to that book on your shelf that is gathering dust or turn to some type of on-line thesaurus or even click the Thesaurus link located next to  the Search box on Westlaw. In a Thesaurus you will find terms like Mom, Mother, Dad, Father and Guardian that you can substitute for the term “parent.”  Think of this example the next time you are researching a point of law.  The most popular term for a concept is not the only term for a concept and you may need to broaden the terms you use to make your search more successful. **WestlawNext leverages the power of WestSearch technology to automatically incorporate other terms commonly associated with your research query.   This post is primarily designed to assist current Westlaw.com users.]]> 190 2010-05-05 14:00:13 2010-05-05 19:00:13 open open the-importance-of-using-a-thesaurus publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp ks_metadata _topsy_long_url topsy_short_url 23355 helen.bredson@gmail.com 82.117.232.138 2011-06-06 12:45:35 2011-06-06 17:45:35 english thesaurus.]]> 1 0 0 Legislative History of the Arizona Immigration Law http://westreferenceatt.3fivelab.com/2010/05/legislative-history-of-the-arizona-immigration-law/ Thu, 06 May 2010 16:00:13 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=237 // As you might imagine, we’ve handled several questions recently relating to the newly-enacted Arizona Immigration Legislation. A number of these involve obtaining the legislative history of the law. As mentioned in a previous post, one can obtain a list of legislative history on Westlaw by finding AZ LEGIS 113 (2010) by citation, then clicking the “Reports” link to the left of the document. Upon performing that action, however, one is confronted by a long list of documents, including news releases, fact sheets, amendments, etc. How does one easily navigate this list to find relevant information, without having to read each of the 20+ documents in full? A search in the Arizona Legislative History database, that’s how! Let’s say, for example, that you are asked to find legislative history relevant to the “willful failure to complete or carry an alien registration document” piece of the legislation. We know that the legislation originated as Arizona Senate Bill 1070, and we know that we want the document to mention the willful failure to complete or carry an alien registration document. Thus, we access the Arizona Legislative History (AZ-LH) database, and run the following Terms & Connectors search: "SENATE BILL" S.B. /3 1070 & "WILLFUL FAILURE.” The search returns 8 documents, and each mentions the terms we were looking for.]]> 237 2010-05-06 11:00:13 2010-05-06 16:00:13 open open legislative-history-of-the-arizona-immigration-law publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last ks_metadata jd_tweet_this wp_jd_clig wp_jd_target _topsy_long_url topsy_short_url _topsy_cache_timestamp _topsy_cache_timestamp 23356 http://twitter.com/westrefattorney/status/13494738087 2010-05-06 16:00:38 2010-05-06 21:00:38 New post: Legislative History of the Arizona Immigration Law http://cli.gs/PVGAu]]> 1 0 0 Gizmodo iPhone-gate, the journalist shield, subpoenas and warrants. http://westreferenceatt.3fivelab.com/2010/05/gizmodo-iphone-gate-the-journalist-shield-subpoenas-and-warrants/ Thu, 06 May 2010 13:00:23 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=239 // The ongoing saga of the lost/stolen iPhone prototype, posting on Gizmodo and subsequent raid on the home of the blogger who reported on it, makes for interesting soap opera, but also raises some interesting issues. This post from the Electronic Freedom Foundation and this from the Volokh Conspiracy both provide detailed analysis of the legality of the search warrant. Beyond the legality of the warrant, I wanted to look into the scope of protection for blogger-journalists on the civil side and how it applies in relation to issues of trade secrets and criminal activity. After a couple of searches I found, O'Grady v. Superior Court. 139 Cal.App.4th 1423. In that case, Apple sought authority to issue civil subpoenas to publishers of a web site that had obtained confidential company information about an impending product. The Appeals court decided that the website publishers should be granted a protective order, because, among other reasons, web sites were periodicals under reporter's shield law.  The best line in that case is:
    “While it may be tempting to think of Asteroid as a mere gizmo for nerds…”
    Another case, decided two weeks ago in New Jersey, cites O’Grady and delves again into the scope of the journalist shield, noting “new media should not be confused with news media.” Too Much Media, LLC v. Hale 2010 WL 1609274. That is, posting something on the web does not automatically make you a journalist. Let me know what you think of the intersection of the reporter shield laws and intellectual privacy.  Also, from a PR standpoint, was reporting this as stolen property a good move for Apple?]]>
    239 2010-05-06 08:00:23 2010-05-06 13:00:23 open open gizmodo-iphone-gate-the-journalist-shield-subpoenas-and-warrants publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last ks_metadata _topsy_cache_timestamp jd_tweet_this _topsy_long_url topsy_short_url
    Jeffrey Anderson, an Attorney on a Mission http://westreferenceatt.3fivelab.com/2010/05/jeffrey-anderson-an-attorney-on-a-mission/ Thu, 06 May 2010 19:00:55 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=243 // Abusive clergy and institutional cover-up of their crimes have been in the news a lot lately. The New York Times recently had an article about an attorney (from Minnesota no less) named Jeffrey Anderson, who has been doggedly pursuing those responsible with civil suits for at least twenty-five years. It even looks like one of the cases, Doe v. Holy see, 434 F.Supp.2d 925 (D.Or.2006) may be heard by the Supreme Court (a petition for certiorari was filed in June, 2009). It appears that the question for the Supreme Court will primarily be one of jurisdiction: Is the Holy See, essentially the central government of the Catholic Church in Rome, a sovereign state, beyond the power of American courts? If it happens that the case is heard, judging from the comments of Jeffrey Lena, the Holy See’s California attorney, the defense will turn on an all-too-familiar argument seen in corporate scandals of late: the uninvolved C.E.O. (Pope), sequestered in his office, unaware of the misdeeds of his underlings. The article provides an in-depth look at Jeffrey Anderson’s background. This kind of research is easy to accomplish on Westlaw with the “PROFILER” databases*. These attorney profiles give C.V. information and act like a clearinghouse for the various (linkable) documents that the attorneys are attached to: cases, filings, articles, dockets, jury verdict summaries, and more. It’s a great tool to get an overview of an attorney or judge’s litigation history and a way to access specific documents from one place. 

    *Profiler Databases:

    • Attorneys and Judges: profiler-wld
    • Experts: profiler-ew
    • Arbitrators: profiler-arb
    • Patent Examiners: profiler-patex
    • Trademark Examiners: profiler-tmex
    ]]>
    243 2010-05-06 14:00:55 2010-05-06 19:00:55 open open jeffrey-anderson-an-attorney-on-a-mission publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url _edit_last ks_metadata _topsy_cache_timestamp jd_tweet_this 23357 http://westreferenceattorneys.com/?p=870 173.201.144.128 2010-06-03 09:18:48 2010-06-03 14:18:48 1 pingback 0 0
    The New Sentencing Guidelines: A Benefit for Criminal Defendants? http://westreferenceatt.3fivelab.com/2010/05/the-new-sentencing-guidelines-a-benefit-for-criminal-defendants/ Fri, 07 May 2010 20:30:47 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=283 // Last week the U.S. Sentencing Commission issued new rules for judges to follow when sentencing a criminal defendant. As of November 1, judges may now consider a defendant’s military service, age, mental, and emotional conditions prior to sentencing. The court may reduce sentences of defendants with recent criminal history as well as send nonviolent drug offenders to treatment programs instead of prison. We don’t have the amendments on Westlaw yet. However, you can compare the current version of the rules and the new version if you run the follow search in Westlaw and check out amendment number two here.  [Note: the query below searches the term “military” in the title of the document only.] Database: FCJ-FSG Search: ti(MILITARY) Results: 3 (see #3) While these changes may be helpful for many criminal defendants it is important to point out that the Guidelines are merely advisory. In 2005 the Supreme Court held that mandatory sentencing guidelines violate the 6th amendment.  See U.S. v. Booker. On Westlaw we have an entire database devoted to cases that rely on Booker. BOOKER-CS is filled with appeals from defendants who were sentenced under the mandatory Guidelines and in light of Booker believe that their rights were violated. In the following search, the court relies on the fact that the Guidelines do not allow them to consider military service. Database: BOOKER-CS Search: DEFENDANT /P MILITARY /P GUIDELINE & da(2010) Results: 4 (see #4) In light of the fact that the Guidelines are advisory—what do you think of the new changes? Will they have the effect criminal defense attorneys and criminal defendants are hoping for? Will Westlaw have to create a new database to hold all of the appeals that will be filed because of these changes?]]> 283 2010-05-07 15:30:47 2010-05-07 20:30:47 open open the-new-sentencing-guidelines-a-benefit-for-criminal-defendants publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url Popular Name Table http://westreferenceatt.3fivelab.com/2010/05/popular-name-table/ Fri, 07 May 2010 16:00:50 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=298 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> Many practitioners will refer to more ubiquitous federal statutes by the popular name of the act, rather than the citation to the United States Code. For example, how do you access Section 202 of the Americans With Disabilities Act on Westlaw? To find this, you can go to the Popular Name Table for the United States Code, which will list the Act’s section numbers and then the corresponding United States Code citations. Using the “Americans with Disabilities Act” example, go to USCA-POP and run a search (using either terms & connectors or natural language) for “Americans with Disabilities Act.” You can also go to the Table of Contents in the upper right corner and browse the alphabetical list for the name of the Act. Once you find the Act, you will see a table listing the sections of the Act on the left, and the United States Code sections on the right. Section 202 of the A.D.A. was codified at 42 U.S.C.A. § 12132. Click to enlarge the image below: To perform the same task on WestlawNext, click “Federal Materials” from the home page, then click “United States Code Annotated.” The Popular Name Table is linked on the right. Click to enlarge the image below: ]]> 298 2010-05-07 11:00:50 2010-05-07 16:00:50 open open popular-name-table publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url ks_metadata _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url jd_tweet_this Hot Coffee: How Much Did the Plaintiff Get? http://westreferenceatt.3fivelab.com/2010/05/hot-coffee-how-much-did-the-plaintiff-get/ Fri, 07 May 2010 13:00:25 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=316 recently reported on a new incarnation of the infamous McDonald’s coffee case from the mid-90s. While we could debate endlessly about the merits of the case or tort reform in general, it might be a lot more fun to figure how much people are actually winning in these sorts of cases across the country. This data can be used to fuel your debates on the issue or just serve personal curiosity. Incidentally, the databases we’ll use to get this data are extremely useful to practicing lawyers in deciding which cases to take, how much to settle for, and for business development. We often get calls from attorneys seeking to identify lucrative areas of the law so that they can work to broaden their practice area to include those areas. Jury Verdict and Settlement Summaries databases are the best spot to identify cases and link them to a specific dollar amount. Try a quick search in JV-ALL - our nationwide multi-base of jury verdict and settlement summaries from all providers. Once you enter the database ID and click go, you are taken to a template screen. We’ll put this terms and connectors query in the Key Terms box to identify the burn cases:

    Westlaw Database: JV-ALL

    Query: burn! /p hot scalding /5 coffee tea latte cappuchino

    Then, since we only want cases where the plaintiff actually won some money, we’ll select a damages range of $1 or greater from the pulldown menu. [caption id="attachment_318" align="aligncenter" width="300" caption="Click to Enlarge"][/caption] Next, click search and enjoy reading about how much the lucky (or unlucky) plaintiffs won in these cases. If you’d rather not just read about a bunch of cases, but would like a handy chart including statistical summaries of the relevant cases, head over to Case Evaluator Reports. You’ll need to enter in first or second or third degree burns as your injury type and input this query in the key terms box: hot scalding /5 coffee tea latte cappuchino. You’ll get many of the same results, but have many more tools to help you divine trends, calculate mean and median awards, and find expert materials related to the cases.]]>
    316 2010-05-07 08:00:25 2010-05-07 13:00:25 open open hot-coffee-how-much-did-the-plaintiff-get publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url
    Fat Fingers http://westreferenceatt.3fivelab.com/2010/05/fat-fingers/ Fri, 07 May 2010 16:20:23 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=328 fat finger panic,  I thought it fitting to put the new mobile WestlawNext to the test.  For the record, I use a Droid Eris. Before I left work last night, I created a new folder and labeled it Mobile.  This way, when I return to my desktop, I can sort the documents into their appropriate folders.  (You can swap your client id on mobile, but not the folder.) I was curious about the rules that allow for halting and cancelling trades.  I tried the following: The best results came from Adminstrative Decisions and Guidance.  Once I identified a potentially relevant release, I ran the "strict" command which allows me to search using standard terms and connectors. I saved Release No. 34-57323 to my folder labeled "mobile."  Currently, mobile searches accross the 12 main contents sets (Cases, Statutes, Secondary Sources, Administrative Decisions, etc.).  News is not searched.  For that, I use Reuter's mobile news app.]]> 328 2010-05-07 11:20:23 2010-05-07 16:20:23 open open fat-fingers publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp ks_metadata _topsy_long_url topsy_short_url Oil Rig Collapse Spells L-A-W-S-U-I-T-S! http://westreferenceatt.3fivelab.com/2010/05/oil-rig-collapse-spells-l-a-w-s-u-i-t-s/ Tue, 11 May 2010 16:45:52 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=352 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> The demise of the Deepwater Horizon oil rig on April 20, 2010 cost the lives of 11 rig workers.  The damage to the environment will be devastating, affecting hundreds of species of fish, birds and wildlife along the Gulf Coast.  The economic impact on the fishing industry and the tourism industry could be tremendous.   There have already been numerous lawsuits filed and the number will just continue to grow. The docket databases on Westlaw can assist you in determining who the legitimate parties are in these suits and the various causes of action that might arise.  Access the DOCK-ALL database and run a search similar to this to get started:

    TI(B.P. "BRITISH PETROLEUM" TRANSOCEAN HALLIBURTON "LLOYDS OF LONDON") & ST(LA MS AL FL TX) & ENVIRONMENT! "WRONGFUL DEATH" "DEATH ON THE HIGH SEAS" "OIL POLLUTION ACT" & DA(LAST 30 DAYS).

    Click on the PDF icons listed in the dockets to view the complaints as filed with the court.  If you are interested in following the status of a particular docket, simply click the TRACK THIS DOCKET link on the upper left of the docket. The largest oil spill in history occurred during the 1991 Persian Gulf War; it released approximately 520 million gallons of oil, dwarfing the second largest spill.  The Deepwater Horizon spill is gushing 280,000 gallons of oil per day.  Some are estimating that within 50 days, the Deepwater Horizon spill might become the worst oil spill in U.S. history, overtaking the Exxon-Valdez incident which spilled eleven million gallons of crude oil along the southern coast of Alaska in 1989.  Exxon-Valdez caused a national outcry against "big oil" in the United States and led to the passage of the 1990 Oil Pollution Act. To view the current codification of the Oil Pollution Act of 1990, do a Find to 33 USC 2701.   Click the blue hyperlink at the top of the document, Chapter 40 - Oil Pollution - to incorporate the text of all sections of the Act in to one document for ease of reading and printing.]]>
    352 2010-05-11 11:45:52 2010-05-11 16:45:52 open open oil-rig-collapse-spells-l-a-w-s-u-i-t-s publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last ks_metadata _topsy_cache_timestamp jd_tweet_this wp_jd_bitly wp_jd_target jd_wp_twitter _topsy_long_url topsy_short_url
    Bush v. Gore, the UK Edition http://westreferenceatt.3fivelab.com/2010/05/bush-v-gore-the-uk-edition/ Mon, 10 May 2010 19:00:24 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=359 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> In the United States we learned all too well about the complexities, pitfalls, and possibilities of our own election process in 2000.   It seems this most recent election in the UK could mirror some of those problems.  Allegations that people were turned away at the polling stations and growing concern over disparities between the number of votes a party receives compared to the actual number of seats won in an election are taking center stage in this controversy. [caption id="attachment_374" align="aligncenter" width="300" caption="Click to Enlarge "][/caption] In an interesting twist, election reform was a central issue to the Liberal Democrats  during their election campaign. Should negotiations for a majority of seats  fail between the Conservatives and the Liberal Democrats, the current Prime Minister, Gordon Brown, will have an opportunity to attempt to negotiate a deal with the Liberal Democrats to create a majority.  However, what I find most intriguing is what happens after that process has concluded.  This was an interesting article explaining the possible outcomes.
    The only rule, according to the House of Commons, is that the monarch should offer the keys to 10 Downing Street — the seat of prime ministerial power — to the leader of the party that has “the confidence of the House of Commons.”                                                                                             *     *     * In the convoluted calculations emerging from a hung Parliament, that could mean that Mr. Brown — currently tipped to lose — might seek a second chance to cling to power by asking for a second ballot to overcome a stalemate. And the Queen — to the probable delight of her campaigned-out subjects — could simply say: “No.” Since 1950, senior civil servants have concluded that the Queen is not constitutionally bound to accept an incumbent Prime Minister’s request for a dissolution of Parliament very soon after an election providing she can see an alternative way forward.
    Having received several Westlaw UK calls this week, I decided to run a few searches to see what electoral provisions have been discussed in the UK journals.  In the UK-JLR database, I ran the following search: "MONARCH! & CONFIDENCE /S (PARLIAMENT) & DISSOL!" Fairly regularly we receive calls from customers looking for English law or international materials and have no idea where to locate them.  I usually advise these callers to try out our tabs.  We have a huge international contingent which is growing by the day.  By clicking the "Add a Tab" link in the upper right-hand corner of your screen and selecting Add Westlaw Tabs, you can scroll to the bottom to find some of our international offerings. [caption id="attachment_365" align="aligncenter" width="300" caption="Click To Enlarge"][/caption] These election concerns and processes are neither new or unique. Robert Blackburn, a Professor of Constitutional Law at King's College London, has written several articles on this subject located here, here and here in our Westlaw UK materials.   Several of his articles came up in the search I ran.
    Above all, the country and Parliament need clarity on the constitutional rules on dissolution under a hung Parliament. In today's less class-dominated society, the public and media are generally less deferential and less inclined to leave important matters of state to the ruling and political class, and therefore wish to know and understand the rules and processes by which they are governed. Under a hung Parliament (as in 1923, 1929, and February 1974) or in situations where there is a precarious or tiny majority (as in 1950, 1964, or October 1974) likely to disappear altogether after a succession of by-election defeats, rival and disputed claims on whether an early dissolution can take place and/or who has the authority to advise the monarch on dissolution affairs may easily arise, as indeed they have in the past.  So too, the monarchy's position today as head of state could easily be destabilised through lack of clarity on what its role and duties are in exercising the royal prerogative, particularly if it is presented with conflicting advice from party leaders anxious to recruit the monarch to their way of thinking on whether a general election should be called or not.
    I have set up a Westclip to follow any news developments of election reform efforts from the UK election from the Westlaw UK databases.  The Westclip I have running in the UKNEWS, UKNP databases is:  election /2 reform! & parliament I'm interested to see how this drama unfolds in the coming days of negotiation and uncertainty in the UK.  The UK can be thankful they are not recounting hanging chads or this story may never end.   Regardless of the outcome, this election could turn out to be better for the loser than the winner. With the current financial crisis, election reform debate, the UK debt, international security issues, etc. there are a lot of pressing issues on the back porch for the occupant of 10 Downing Street.]]>
    359 2010-05-10 14:00:24 2010-05-10 19:00:24 open open bush-v-gore-the-uk-edition publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url jd_tweet_this
    Save a Soul, or, Alternatively, Adventures in Contract Interpretation http://westreferenceatt.3fivelab.com/2010/05/save-a-soul-or-alternatively-adventures-in-contract-interpretation/ Mon, 10 May 2010 13:00:38 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=360 Williston on Contracts (WILLSTN-CN), Rohwer and Skrocki's Contracts in a Nutshell (CONTRACTS-NS), and Commercial Contracts Strategies for Drafting and Negotiating (CCSDN) are all contracts treatises offering explanations of the various canons of contract construction.   Simply pull up these treatises and access their Table of Contents (the hyperlink generally located in the upper right portion of the screen unambiguously entitled, “Table of Contents”).  Williston writes about interpretive tools in Chapter 32: “Rules of Interpretation”.  Rohwer and Skrocki discuss them in Part 4: “Contract Interpretation”.  Commercial Contracts: Strategies for Drafting and Negotiating covers this material Chapter 12: “Contract Interpretation and Supplementation”. To see how the courts in a specific state apply these rules in their interpretive efforts, simply access the case law database for your chosen jurisdiction (i.e. New York Cases or NY-CS-ALL) and run a simple search with your chosen canon in quotes.  For example, a Terms and Connectors search of "Inclusio Unius Est Exclusio Alterius " in NY-CS-ALL will bring up 83 cases.  Restricting this search to the Court of Appeals by running “co(high) & Inclusio Unius Est Exclusio Alterius” will yield four cases which discuss this specific canon. Remember these basics and how to find them.  I dare to wager that you could even use these resources to rescue a younger sibling or cousin who may have inadvertently contracted away his or her immortal soul.]]> 360 2010-05-10 08:00:38 2010-05-10 13:00:38 open open save-a-soul-or-alternatively-adventures-in-contract-interpretation publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url Kagan's Law Review Article on the Nomination Process http://westreferenceatt.3fivelab.com/2010/05/kagans-law-review-article-on-the-nomination-process/ Mon, 10 May 2010 14:06:59 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=381 SCOTUS Blog noted on the Today show this morning that Supreme Court nominee, Elena Kagan, wrote a law review article in which she argued judicial nominees should answer committee questions specifically.  I believe he was referring to this:
    This analysis raises some obvious questions. If substantive inquiry is off-limits, on what basis will the President and Senate exercise their respective roles in the appointments process? Will this limited basis prove sufficient to evaluate and determine whether a nominee (or would-be nominee) should sit on the Court? Will an inquiry conducted on this basis appropriately educate and engage the public as to the Court's decisions and functions? Some closer exploration of Carter's views, as they relate to this set of issues, will illustrate at once the inadequacy of his proposals and the necessity for substantive inquiry of nominees, most notably in Senate hearings. Elena Kagan, Confirmation Messes, Old and New the Confirmation Mess. Stephen L. Carter., 62 U. Chi. L. Rev. 919, 931 (1995)
    ]]>
    381 2010-05-10 09:06:59 2010-05-10 14:06:59 open open kagans-law-review-article-on-the-nomination-process publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _topsy_cache_timestamp ks_metadata _topsy_long_url topsy_short_url
    Toyota Recall Filings http://westreferenceatt.3fivelab.com/2010/05/toyota-recall-filings/ Wed, 12 May 2010 15:00:28 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=396 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> One of this summer’s hottest legal topics and research projects is the Toyota recall and its resulting litigation. Although the recall has been in the news for months and litigation looms large for the car maker, no orders have been issued yet.  AUTORECAL-FILING is a newly created database of class action filings that can be searched by auto maker. Westclip is an alert feature that runs a specified search in selected databases and alerts the recipient to new additions. Setting up a daily alert in the AUTORECAL-FILING database with the search ti(Toyota) would email a daily alert of new filings to the recipient. Fed-filing-all includes pleadings and motions filed in any federal court in the United States. The following search, ran from January 1, 2010 garnered 195 documents. The search could also be set up as a Westclip by users to track new filings. Search: ti,pr,ca(toyota) & (engine car auto! /5 Accelerat! uncontroll! crash!) recall! & da(aft 1/1/2010) ]]> 396 2010-05-12 08:00:28 2010-05-12 15:00:28 open open toyota-recall-filings publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _edit_last ks_metadata _topsy_cache_timestamp jd_tweet_this _topsy_long_url topsy_short_url wp_jd_url wp_jd_target What Does a Solicitor General Do? http://westreferenceatt.3fivelab.com/2010/05/what-does-a-solicitor-general-do/ Tue, 11 May 2010 13:00:15 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=404 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> In what is news to none of you, Solicitor General Elena Kagan is President Obama’s newest Supreme Court nominee.  Upon mention of her current position, I was forced to make a somewhat embarrassing admission to myself:  I’m not completely sure what the Solicitor General does.  I decided to find out.  I broke my curiosity down into two questions:
    1. How and when did the office originate? 
    2. What are the duties of the Solicitor General? 
     I got my answers, and here’s how I did it.  I started at the Solicitor General’s website, linked above, and spent just enough time there to discover a reference to the “Statutory Authorization Act of June 22, 1870,”  at 16 Stat. 162.  I found that citation on Westlaw, and discovered the act that created the office—the same act that created the Department of Justice.  We’re halfway there. Moving on, I remembered seeing a reference to the Code of Federal Regulations on the Solicitor General’s site, so I ran the following query in the CFR database:  PR,CA("SOLICITOR GENERAL").  The search returned three results, and in them I found the answer to my second question.  I won’t completely spoil it for you, but among the duties listed in 28 C.F.R. § 0.20 is
    “[c]onducting, or assigning and supervising, all Supreme Court cases, including appeals, petitions for and in opposition to certiorari, briefs and arguments[.]” 
    To find Supreme Court cases argued by Elena Kagan, try:

    Database: sct

    Query: at(kagan)

    For Oral Arguments, try:

    Database: SCT-ORALARG

    Query: at(kagan)

    Results: 6, Kagan Opened her argument in Citizen United this way:

    I have three very quick points to make about the government position. The first is that this issue has a long history. For over 100 years Congress has made a judgment that corporations must be subject to special rules when they participate in elections and this Court has never questioned that judgment...

    ]]>
    404 2010-05-11 08:00:15 2010-05-11 13:00:15 open open what-does-a-solicitor-general-do publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url ks_metadata jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target jd_wp_twitter 23358 SorberaRolling55@aol.com http://www.bournessolicitors.co.uk/page6.html 82.26.56.87 2012-01-26 15:50:35 2012-01-26 21:50:35 0 0 0 23359 WiegertSalsberry458@yahoomail.com http://nikonkameravergleich.blogspot.com/ 141.255.167.169 2012-03-29 03:36:32 2012-03-29 08:36:32 0 0 0
    Mental Challenge: Looking into the Future of Health Care Reform Litigation http://westreferenceatt.3fivelab.com/2010/05/mental-challenge-looking-into-the-future-of-health-care-reform-litigation/ Tue, 11 May 2010 19:30:14 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=422 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> In what the New York Times is reporting as a preview to the types of conflicts we will likely see concerning health care reform (5/10/10 NYT A15), insurers are challenging the regulations promulgated pursuant to the 2008 “Wellstone Act” (Mental Health Parity and Addiction Equity Act).  A news search using the phrase “Mental Health Parity” or “Wellstone Act” within the last month or so (try Westlaw database ALLNEWS) should provide plenty of material regarding this topic.  As you will find within the first four or five results, the name for the insurance companies is “Coalition of Parity.”  Litigation is taking place in the District Court of D.C. At this point a “title” search on Westlaw in the District Court of D.C. (DCTDC) or through an advanced search on WestlawNext will bring up a disposition in the case (ti("coalition of parity")).  This disposition will lead to the Federal Register that contains the regulation at issue, the Public Law, and an overview of the issues involved.  However, even more helpful will be the docket to the case linked at the bottom of the disposition.  Recent federal dockets have images of filings attached to them, so you now have at your fingertips the arguments brought by both sides. What if there were no dispositions available?  Well, we could have followed the Court Document link at the top of Westlaw to the docket databases and ran a “party search” there as well.  Either way, to continue to follow this case, I am setting up a Docket Alert by clicking on the “Track this Docket” link at the top of the document.  When a new filing is received (the answer is due on June 1st) I will be notified so I can check out the latest wrinkle in the (mental) health care debate.]]> 422 2010-05-11 14:30:14 2010-05-11 19:30:14 open open mental-challenge-looking-into-the-future-of-health-care-reform-litigation publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last ks_metadata _topsy_cache_timestamp wp_jd_url wp_jd_target _topsy_long_url topsy_short_url 23360 http://twitter.com/westlawschool/status/13980602297 2010-05-14 14:57:55 2010-05-14 19:57:55 Mental Challenge: Looking into the Future of Health Care Reform Litigation http://bit.ly/apnxgi via @WestRefAttorney]]> 1 0 0 23361 cutekitten348@gmail.com http://www.electricshowerlab.com 121.96.216.225 2010-10-12 12:48:10 2010-10-12 17:48:10 0 0 0 Unallotment http://westreferenceatt.3fivelab.com/2010/05/unallotment/ Wed, 12 May 2010 16:00:05 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=447 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> A  power struggle between Minnesota’s legislature and the state’s Governor-a struggle recently moderated by Minnesota’s high court- is unfolding, and modern questions about one of America’s ancient political bulwarks, the separation of powers, arise.  On May 5, 2010, the Minnesota Supreme Court ruled that Minnesota Governor Tim Pawlenty and other state officials could not use a state unallotment statute to reduce allotments made by the state legislature.  Governor Pawlenty made these unallotments, totaling over 2 billion dollars, in an attempt to balance Minnesota’s budget in 2009 after the legislature and executive branch failed to enact a balanced budget.   The statute in question is: Minn.Stat. § 16A.152, and the case in question is, Brayton v. Pawlenty, et al.  (The case is available at 2010 WL 1780074.)  The Brayton plaintiffs were six Minnesota residents that qualified for aid under a Minnesota Supplemental Aid Special Diet program, and the plaintiffs challenged the validity of the unallotments that reduced funding for the special diet program.  The Brayton court held that the unallotments affecting the Special Diet program violated the separation of powers, and the practical effect of the Brayton opinion will be to nullify the governor’s entire package of unallotments.  A flurry of news coverage, editorials, and opinion articles followed the Minnesota Supreme Court Opinion.  These materials are on Westlaw and WestlawNext, and given the lofty political and governmental implications of this ongoing battle between two branches of government, a very simple search will retrieve results. Those interested, can simply search “Pawlenty unallotment”  on WestlawNext in the News content database, and sort by date.   Content: News Jurisdiction: None]]> 447 2010-05-12 11:00:05 2010-05-12 16:00:05 open open unallotment publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last ks_metadata _topsy_cache_timestamp wp_jd_url wp_jd_target jd_wp_twitter _topsy_long_url topsy_short_url 23362 Charles.Neff@thomsonreuters.com 163.231.6.65 2010-05-12 20:27:21 2010-05-13 01:27:21 1 0 0 Locating Jury Instructions on Westlaw http://westreferenceatt.3fivelab.com/2010/05/locating-jury-instructions-on-westlaw/ Wed, 12 May 2010 22:04:25 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=449 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> My favorite database for locating federal jury instructions is Federal Jury Practice & Instructions (fed-ji), which contains both criminal and civil pattern jury instructions, as well as the Circuit specific instructions for all but the Second and Fourth Circuits.  These instructions can be viewed either by linking into the Table of Contents or by running a search within the database for a particular cause of action.  Recently, I was looking for the elements for trademark infringement.  Of course, there's plenty of material in case law and the Causes of Action (COA) databases.  But, I love FED-JI because it very provides the essentials: In addition to the instructions, these documents include links to key cases and relevant statutes. State Materials: Westlaw also has a number of state pattern jury instructions.  These databases can be found on the various state Westlaw tabs, or within the Directory for a particular state.  Again, most of these databases include a Table of Contents, or, alternatively, a search can be run for a specific type of claim.]]> 449 2010-05-12 17:04:25 2010-05-12 22:04:25 open open locating-jury-instructions-on-westlaw publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_url wp_jd_target 23363 http://twitter.com/westlawschool/status/14169474473 2010-05-17 16:05:38 2010-05-17 21:05:38 Locating Jury Instructions on Westlaw http://bit.ly/99wz6C]]> 1 0 0 The Ariad Pharma Briefs http://westreferenceatt.3fivelab.com/2010/05/separate-written-description-required-in-patents/ Thu, 13 May 2010 19:05:05 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=465 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> In March, the United State Court of Appeals for the Federal Circuit issued their en banc decision in Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company.  598 F.3d 1336.  The central issue was whether patents must contain a written description separate from an enablement requirement, and if so, the scope and purpose of that requirement.  We continue to receive requests for the twenty-five amicus briefs.  To view the briefs in this case:

    On Westlaw, search the database CTAF-BRIEF for TI(“ARIAD PHARMACEUTICALS” & “ELI LILLY”).

    On WestlawNext, pull up the citation, access the FILINGS tab, and select briefs from the menu on the left side of the screen.

    Background: The court engaged in some discussion of the grammar and structure of 25 U.S.C. § 112 and a thorough review of precedent to reach the decision that yes, indeed, the statute contains a separate written description requirement.  “Specifically, the description must clearly allow person of ordinary skill in the art of to recognize that the inventor invented what is claimed.”  Ariad Pharmaceuticals, 598 F.3d at 1351 (internal quotations omitted).  The level of detail necessary to satisfy this requirement will vary “depending on the nature and scope of the claims and on the complexity and predictability of the relevant technology.”    ]]>
    465 2010-05-13 14:05:05 2010-05-13 19:05:05 open open separate-written-description-required-in-patents publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url wp_jd_target wp_jd_url jd_tweet_this _edit_last ks_metadata _topsy_long_url topsy_short_url _topsy_cache_timestamp 23364 http://twitter.com/westlawschool/status/13978328434 2010-05-14 14:09:58 2010-05-14 19:09:58 RT @WestRefAttorney: The Ariad Pharma Briefs http://bit.ly/9nImri]]> 1 0 0 23365 http://topsy.com/trackback?utm_source=pingback&utm_campaign=L1&url=http://www.westreferenceattorneys.com/2010/05/separate-written-description-required-in-patents/ 74.112.128.63 2010-05-15 11:40:28 2010-05-15 16:40:28 1 pingback 0 0 23366 http://twitter.com/sassybuster/status/14170189916 2010-05-17 16:19:18 2010-05-17 21:19:18 The Ariad Pharma Briefs http://bit.ly/9nImri Not the most fascinating bit of writing I've ever done, but, hey. Writing!]]> 1 0 0 23367 http://twitter.com/sassybuster/status/14170157677 2010-05-17 11:18:40 2010-05-17 16:18:40 The Ariad Pharma Briefs http://bit.ly/9nImri Not the most fascinating bit I've writing I've ever done, but, hey. Writing!]]> 1 0 0
    Roman Catholic Church Sexual Abuse Cases http://westreferenceatt.3fivelab.com/2010/05/roman-catholic-church-sexual-abuse-cases/ Fri, 14 May 2010 14:52:25 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=509 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> The ongoing sexual abuse scandal that has rocked the Roman Catholic Church in the past took a fascinating turn recently with allegations that now Pope Benedict, then Cardinal Joseph Ratzinger, declined to defrock a priest who abused hundreds of boys at a school in Wisconsin. To view complaints filed on this topic, you can run the following search in FILING-ALL:

    (ti(holy-see "vatican city" "roman catholic church" archdiocese) & abus! assault! ) & ((DT(COMPLAINT PETITION) % DT( BRIEF MOTION MEMORAN! REPLY RESPONSE ANSWER COUNTER-CLAIM COUNTER-PETITION CROSS-CLAIM COUNTER-COMPLAINT COUNTER-SUIT)))

    For journal and law review articles on the topic, try this search in JLR:

    ti(catholic archdiocese pope priest & abus!)

    To find similar materials in WestlawNext, from the homepage, click “Secondary Sources” then “Law Reviews & Journals.” Click on the “advanced” icon in the upper right and enter the following query into the title field:

    abus! & priest or archdiocese or catholic or pope.

    For pleadings in WestlawNext, click “Pleadings Motions & Memoranda” from the homepage. Click on the “advanced” icon in the upper right corner and type the following search terms:

    Party Name field: "holy see" OR "vatican city" OR archdiocese OR "roman catholic church"

    Document Title field: complaint or petition

    Text field: abus! or assault!

    ]]>
    509 2010-05-14 09:52:25 2010-05-14 14:52:25 open open roman-catholic-church-sexual-abuse-cases publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23368 http://twitter.com/westrefattorney/status/13980339742 2010-05-14 14:52:26 2010-05-14 19:52:26 New post: Roman Catholic Church Sexual Abuse Cases http://bit.ly/9E2mGv]]> 1 0 0 23369 http://twitter.com/westrefattorney/status/13992206395 2010-05-14 19:06:54 2010-05-15 00:06:54 Post Update: Roman Catholic Church Sexual Abuse Cases http://bit.ly/9E2mGv]]> 1 0 0 23370 http://twitter.com/westlawschool/status/14166379406 2010-05-17 15:07:44 2010-05-17 20:07:44 Roman Catholic Church Sexual Abuse Cases http://bit.ly/bsMh26 via @WestRefAttorney]]> 1 0 0
    Greed is Good http://westreferenceatt.3fivelab.com/2010/05/greed-is-good/ Fri, 14 May 2010 13:04:56 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=519 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> The Stars of Oliver Stone’s Wall Street: Money Never Sleeps are at Cannes this weekend.   But, film festivals have traditionally been a means for independent films to find distributors:

    The distribution barrier has been appreciably dissipated with the increased attention given to the burgeoning number of film festivals at which completed films are shown and their distribution rights acquired by motion picture distribution companies. ENTERTAIN § 1:9

    For more on independent film financing, see PLI OUTLINE--INDEPENDENT FILM FINANCING, 1000 PLI/Pat 701. For a closer look at the industry, find two major entertainment treatises on Westlaw:
    • Entertainment Law: Legal Concepts and Business Practices (ENTERTAIN)
    • Lindey on Entertainment, Publishing and the Arts, 3d (LINDEY3D)
    Finally, check out ABA's  25 greatest legal movies.]]>
    519 2010-05-14 08:04:56 2010-05-14 13:04:56 open open greed-is-good publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_url wp_jd_target
    Obama Administration Asked to Weigh in on Felon Voting Bans http://westreferenceatt.3fivelab.com/2010/05/obama-administration-asked-to-weigh-in-on-felon-voting-bans/ Mon, 17 May 2010 19:00:31 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=462 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> Last week,  the Supreme Court asked the Obama Administration to weigh in on felon voting bans. The Court said simply, "The Solicitor General is invited to file a brief in this case expressing the views of the United States "  2010 WL 1740535.  The real issue to be decided is whether laws that bar felons from voting violate the federal Voting Rights Act. Over the last several years felon disenfranchisement laws have increasingly been litigated before the courts. Five circuits have already ruled on these cases in 2010:

    Database:  CTA

    Search:   felon! /s (vot! /5 bar barred barring ban banned banning) disenfranchis! & da(2010)

    Felony voting restrictions vary by state and severity. Two states allow those serving a felony sentence to vote without restriction (Maine, Vermont). More than half of all states restrict felons on probation or parole from voting; and some states have implemented a lifetime voting bans for felony convictions:

    Database:  JLR

    Search:  state /s felon! /s life! permanen! /s vote! voting disenfranchis! & da(last 5 years)

    The Voting Rights Act states that voting qualifications and prerequisites cannot be used to deny or abridge the voting rights of any U.S. citizen on account of race or color. Felon disenfranchisement laws bar more than five million Americans from voting. Some civil rights groups argue that racial disparities in convictions and sentences result in a disparate impact on certain racial groups which violates the Voting Rights Act. The U.S. Solicitor General has yet to file a brief on the matter.

    Set up a Docket Alert: 09-920

    Case law search for felon voting bans with a locate for the Voting Rights Act:

    Search: felon! /s (vot! /5 bar barred barring ban banned banning) disenfranchis!

    Database: ALLCASES

    Locate: “Voting Rights Act”

    Journal search for felon voting bans with a locate for the Voting Rights Act:

    Search: ti(felon! /2 disenfranchis!)

    Database: JLR

    Locate: “Voting Rights Act”

    Westlaw Next:

    Search: Obama asked to weigh in on felon disenfranchisement laws

    ]]>
    462 2010-05-17 14:00:31 2010-05-17 19:00:31 open open obama-administration-asked-to-weigh-in-on-felon-voting-bans publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23371 http://twitter.com/westrefattorney/status/14177824697 2010-05-17 19:01:12 2010-05-18 00:01:12 New post: Obama Administration Asked to Weigh in on Felon Voting Bans http://bit.ly/96tySY]]> 1 0 0 23372 http://twitter.com/westlawschool/status/14181461122 2010-05-17 20:24:02 2010-05-18 01:24:02 Obama Administration Asked to Weigh in on Felon Voting Bans http://bit.ly/cRnPvX via @WestRefAttorney]]> 1 0 0
    Net Neutrality and the Comcast Decision http://westreferenceatt.3fivelab.com/2010/05/net-neutrality-and-the-comcast-decision/ Fri, 14 May 2010 16:00:29 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=491 var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d";
    • What is Net Neutrality and why is it important?
    • What did the Comcast decision do?
    • What are the Commission’s options after the decision?
    • How would you go about researching any of this?
    Net Neutrality refers to the concept that Internet Service Providers should not be allowed to discriminate based on the content or type of information passing through their system.  For example if you purchase Internet access through your cable company, they could not reduce ‘throttle’ your bandwidth when you download video from another legitimate source. The F.C.C. has indicatedits intention to promote the ‘Open Internet’ embracing the principles of Net Neutrality.   When Comcast began limiting the bandwidth of customers who used peer to peer networks to share data a complaint was filed with the F.C.C. and the F.C.C. orderedComcast to stop.  Comcast then petitioned for a review of this order and the D.C. Circuit Court, in Comcast Corp. v. F.C.C. determined that the F.C.C. lacked the authority to regulate Comcast’s ‘network management practices.’  This was based on, among other reasons, the F.C.C.’s classificationof cable internet providers as ‘information service’ rather than a telecommunication service subject to the common carrier regulations. The F.C.C. was then seemingly left with two options, abstain from applying the common carrier regulations to cable internet providers, or to reclassify them in order to invoke the regulations.  The first option would not meet the F.C.C.’s open internet goal.  The second option, reclassifying cable internet provides as ‘telecommunications services’ would subject to the full suite of regulations designed for the telephone industry which are not a good fit for a cable company.  The Commission recently announced that it preferred a third waywhich would bifurcate the regulation of cable internet provides, regulating the broadband internet service as a common carrier, while not applying the full gamut of regulations to the cable companies. Researching this type of Administrative regulatory action can be difficult.  Finding requests for comments, proposed, and final regulations in the Federal Register can be daunting on its own.  Fortunately, this issue has some unique terminology. Try the following in the Federal Register (FR):  (net /2 neutrality) (open /3 internet) & f.c.c. However ,what about statement from the F.C.C. like the Third Way above?  For many federal agencies, Westlaw has created specific databases to search for these materials.   For F.C.C. documents like the one above, search the Federal Communications - FCC Record (FCOM-FCC) database.  Finally issues like this, where you may not know exactly where to begin are a great time to try out WestlawNext.  The global search capability of WestlawNext allows you to pull up relevant cases, statutes, regulations, decisions, and proposed actions all in one search.  Because of the unique terms on this topic I used the ‘strict’ command to run a terms and connectors search in WestlawNext:  strict: F.C.C. & "net neutrality" "open internet" now I can choose from all the categories on the left, including proposed legislation  or Administrative Decisions & Guidance.  In the Administrative Decisions content, I simply resorted my results by date bringing A THIRD-WAY LEGAL FRAMEWORK FOR ADDRESSING THE COMCAST DILEMMA to the top of the list.]]>
    491 2010-05-14 11:00:29 2010-05-14 16:00:29 open open net-neutrality-and-the-comcast-decision publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23373 http://twitter.com/westrefattorney/status/13984633486 2010-05-14 16:22:44 2010-05-14 21:22:44 New post: Net Neutrality and the Comcast Decision http://bit.ly/9W0Ne3]]> 1 0 0 23374 http://twitter.com/westrefattorney/status/13986334131 2010-05-14 16:58:35 2010-05-14 21:58:35 Post Update: Net Neutrality and the Comcast Decision http://bit.ly/9W0Ne3]]> 1 0 0 23375 http://twitter.com/lawdaddy/status/13985692671 2010-05-14 11:44:58 2010-05-14 16:44:58 RT @WestRefAttorney: Net Neutrality and the Comcast Decision ##westlaw http://bit.ly/cvtc5K]]> 1 0 0
    Are Judges scrutinizing EIS challenges more thoroughly? http://westreferenceatt.3fivelab.com/2010/05/are-judges-scrutinizing-eis-challenges-more-thoroughly/ Fri, 14 May 2010 16:55:35 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=527 var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; With the recent occurrence of environmental and natural disasters, one might imagine that courts would take a more thorough review of Environmental Impact Statements and how they conform to state-legislated Environmental Quality statutes.  With its iconic status as the world’s most famous amusement area, Coney Island in Brooklyn, NY is undergoing a developmental transformation into a year-round amusement destination but at what cost to the environment.  A volunteer grass-roots community organization, Save Coney Island, Inc., brought a lawsuit against the City of New York and the New York City Council in connection with the City’s rezoning of the approximately 47 acres of land that make up Coney Island (Supreme Court, New York County 116672/09).  Save Coney alleged that the City’s rezoning plan violated New York’s State Environmental Quality Review Act (SEQRA) (N.Y. Envtl. Conserv. Law §§ 8-0101 to 8-0117) as well as provisions of the General Cities Law and the New York City Administrative Code governing the adoption of zoning ordinances and amendments thereto.  Judge Eileen Rakower in her recent opinion dated May 6th, stated that the Court's role in SEQRA challenges is well settled, as stated by the First Department in Coalition Against Lincoln West v. Weinshall, 21 A.D.3d 215, 222 (1st Dept. 2005)
    'Judicial review of a lead agency's SEQRA determination is limited to whether the determination was made in accordance with lawful procedure and whether, substantively, the determination ‘was affected by an error of law or was arbitrary and capricious or an abuse of discretion‘ (CPLR 7803 [3]... )’ (Akpan v Koch, 75 NY2d 561, 570, 554 NE2d 53, 555 NYS2d 16 [1990]). In applying this standard of review, 'it is not the role of the court to weigh the desirability of the proposed action, choose among alternatives, resolve disagreements among experts, or substitute its judgment for that of the agency' (Matter of Fisher v Giuliani, 280 AD2d 13, 19-20, 720 NYS2d 50 [2001]). Judicial review is limited to a determination as to whether the lead agency 'identified the relevant areas of environmental concern, took a ‘hard look‘ at them, and made a ‘reasoned elaboration‘ of the basis for its determination’ (Jackson v. New York State Dev. Corp., 67 NY2d at 417 [1986]).
    For the next 8 pages of her opinion, Judge Rakower meticulously sets out a review of all the contentions raised by Save Coney Island and confirms that the City properly identified the relevant areas of environmental concern, took a ‘hard look‘ at them, and made a ‘reasoned elaboration‘ of the basis for its determination.  In contrast to the review of the alleged violations of SEQRA, Judge Rakower spent a scant 3 paragraphs on the zoning issues. Since the City is empowered to enact zoning regulations which are ‘designed to promote the public health, safety and general welfare... in accord with a well considered plan‘ under General City Law Sec. 20(25), Save Coney Island  as the party challenging the City’s zoning regulation had a substantial burden to show the regulation is arbitrary and irrational and they failed to meet this heavy burden.  As pointed out in this dispute and accentuated by recent catastrophic events, challenges to large scale land development projects will have a greater chance of being successful by attacking the thoroughness of the environmental reporting requirements and procedures than overcoming the heavy burden to overthrow a zoning regulation.]]>
    527 2010-05-14 11:55:35 2010-05-14 16:55:35 open open are-judges-scrutinizing-eis-challenges-more-thoroughly publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23376 http://twitter.com/westrefattorney/status/13986197776 2010-05-14 16:55:37 2010-05-14 21:55:37 New post: Are Judges scrutinizing EIS challenges more thoroughly? http://bit.ly/c88ql4]]> 1 0 0
    Getting an edge at SCOTUS prediction http://westreferenceatt.3fivelab.com/2010/05/getting-an-edge-at-scotus-prediction/ Mon, 17 May 2010 15:50:02 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=545 // < ![CDATA[ // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> One of our favorite pastimes is conjecture about the Supreme Court.  Recently, the nomination of Elena Kagan has been at the forefront of everyone's mind.  However, on a regular basis, we usually look at upcoming cases, predict which way the court will go, and dissect the court's opinion the instant it comes out.  There are even "fantasy" leagues devoted to predicting the outcome of cases modeled after fantasy sports games.   If you want to get in on the predictive action, you are going to need information about the cases and what the attorneys are arguing.  The first step is to figure out in which cases the court has granted certiorari.  This is pretty easy to do, since the Supreme Court publishes it cert decisions.  Just head over to the SCT database and run this search to get cases where cert was granted in 2010 and not just for the purpose of remanding the case for reconsideration in light of a recent decision:
    PETITION +S CERTIORARI +S GRANTED & da(2010) % REMAND!   
      As the Supreme Court is typically extremely terse when granting cert, if you want to actually know anything about the substance of the case, you'll have to scroll to the bottom and look at the petitions and briefs that have been filed.    If you'd rather search for cases being argued only on areas of interest to you, search the SCT-BRIEF database.  Here is an example for finding recent briefs dealing with free speech.
    da(2010) & "FIRST AMENDMENT" /P SPEECH  
      If you want to really geek out on the Supreme Court, you can start trying to predict which cases they will grant cert.  For that, you'll need to look at the petitions database.  Since there are a lot of petitions filed, you might want to look for particular cases of import.  For example, you may want to get an edge in your fantasy football league by predicting what the Supreme Court will do with the StarCaps case and how that will affect the Minnesota Vikings season.  To find the petition by the NFL for review of the 8th circuit decision in the Kevin and Pat Williams case, search by party name in SCT-PETITION:
    ti("national football league" and williams)  
    The ability to find and review the briefs and petitions in pending Supreme Court cases is sure to give you an edge in all your fantasy leagues and give you plenty to chat about around the water cooler.]]>
    545 2010-05-17 10:50:02 2010-05-17 15:50:02 open open getting-an-edge-at-scotus-prediction publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23377 http://twitter.com/westlawschool/status/14176746192 2010-05-17 18:36:16 2010-05-17 23:36:16 Getting an edge at SCOTUS prediction http://bit.ly/c4YV5S]]> 1 0 0
    A lot on the Line - Fishing Openers and Indian Sovereignty Rights http://westreferenceatt.3fivelab.com/2010/05/a-lot-on-the-line-fishing-openers-and-indian-sovereignty-rights/ Tue, 18 May 2010 16:30:53 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=551 This weekend was the Walleye and Pike season opener in Minnesota.  For the fishers out there, it was a glorious weekend to be out on the pristine waters of L'Etoile du Nord   This season’s opener, however, may have more on the line than a few fish.  Several members of the Leech Lake Chippewa band began fishing 24 hours before the scheduled opener.  Their early fishing was intended as an act of civil disobedience, meant to assert rights preserved for the Chippewa in an 1855 treaty between the Chippewa and the United States.  Some Chippewa members argue the treaty permits them access to state lakes for hunting and fishing. Eventually, the fishing nets set out early by the Chippewa members were cut and removed from the water by state officials.  Should the Minnesota Department of Natural Resources issue citations to the early fishers?  State and federal courts may be called upon to interpret and apply a treaty that is older than the state of Minnesota itself.  A legal dispute of this sort would not be the first instance of Minnesota finding itself in court against the Chippewa.  One case even went to the U.S. Supreme Court and resulted in the 1999 decision of Minnesota v. Mille Lacs Band of Chippewa Indians (119 SCT 1187). Fortunately, a large amount of legal information is available to assist in navigating Tribal Law, Native American treaties and the court decisions that interpret how those treaties are to be applied. Through the Westlaw Directory, you can access our collection of Tribal Materials.  Here you will find opinions issued by a variety of tribal courts (Cherokee, Navajo, Hopi, etc.).  You can also access the statutes, codes and governing documents for many of these same nations.  Treaties between various Native American nations and the United States can be found in Federal Native American Treaties (FNAM-TREATIES).  Coverage of these treaties dates from 1797. Federal court cases discussing Native American legal issues can be found in Federal Native American Law – Cases (FNAM-CS).  Finally, West Topical Highlights – Native American Law (WTH-NAM) will take you directly to reports that briefly summarize the most recent developments in Native American Law. Additional resources, of course, exist.  Hopefully though, the above mentioned materials will provide you with a sufficient starting point should you find yourself researching similar topics.  And as always, please don’t hesitate to call the Reference Attorneys for additional assistance!]]> 551 2010-05-18 11:30:53 2010-05-18 16:30:53 open open a-lot-on-the-line-fishing-openers-and-indian-sovereignty-rights publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23378 http://twitter.com/westrefattorney/status/14237210247 2010-05-18 16:31:51 2010-05-18 21:31:51 New post: A lot on the Line - Fishing Openers and Indian Sovereignty Rights http://bit.ly/cV6fSl]]> 1 0 0 Robot marriage. iPhone divorce. http://westreferenceatt.3fivelab.com/2010/05/robot-marriage-iphone-divorce/ Mon, 17 May 2010 20:46:33 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=579 // < ![CDATA[ var sc_project=5841089; var sc_invisible=1; var sc_security="013ba72d"; // ]]]]> Can a robot solemnize your marriage? Unclear. Evan Brown of Internet Cases referenced this video from Mashable where a robot performs the service in (where else?)  Japan.  Evan Brown states:
    I expected the [Illinois] statute to be phrased in a way that would at least strongly imply that the ceremony has to be solemnized by a person. But I’m not sure it’s totally clear.
    Corpus Juris Secundum puts it this way:
    Statutes usually provide that certain persons shall have authority to solemnize marriage, and where the ceremony is performed by one not authorized it is void, ... 55 C.J.S. Marriage § 31
    Ending a marriage is another story.  According to a number of news stories, a Dallas attorney developed a divorce app which helps clients determine cost and documents necessary to complete a divorce.
    Virtual Law Offices: The future of these kinds of virtual legal services is starting to get serious consideration by state bars.  New Jersey's bona-fide office rule prohibits virtual offices.  See 2010 WL 1829019.  North Carolina seems to have taken a more balance approach: See 2005 NC Eth. Op 10 and more recently, the North Carolina Proposed Formal Ethics Opinion Number 7 dealing with 'cloud computing.'  See the Social Media Law Student article.
    WestlawNext Query: can a robot solemnize a marriage?
    ]]>
    579 2010-05-17 15:46:33 2010-05-17 20:46:33 open open robot-marriage-iphone-divorce publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23379 http://twitter.com/westrefattorney/status/14182486115 2010-05-17 20:46:33 2010-05-18 01:46:33 New post: Robot marriage. iPhone divorce. http://bit.ly/cQKMP8]]> 1 0 0 23380 http://twitter.com/westlawschool/status/14239968438 2010-05-18 17:25:12 2010-05-18 22:25:12 Robot marriage. iPhone divorce. http://bit.ly/aqJ83o via @WestRefAttorney]]> 1 0 0
    Bullying Leads to Suicide and Criminal Charges http://westreferenceatt.3fivelab.com/2010/05/bullying-leads-to-suicide-and-criminal-charges/ Wed, 19 May 2010 16:36:49 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=580 School yard bullying has been around for ages.  However, with the advances in technology and the resulting social media, new forms of bullying have emerged.  Bullying is now occurring via the Internet on Facebook and MySpace,  and texting.  Some extreme cases of bullying have resulted in teen suicide in recent months.  A 15 year old immigrant from Ireland, who was attending a Massachusetts High School , committed suicide after being relentlessly humiliated and bullied by nine class-mates.   She was subjected to both verbal harassment and threatened physical abuse. A Massachusetts District Attorney filed charges against the offending teens.  The charges range from criminal harassment and civil rights violations to stalking and statutory rape.  These cases are rarely prosecuted, making this a watershed case. Massachusetts is very close to passing a new anti-bullying law.  To view the bill under consideration, go to MA-BILLTXT and type BULLYING in the Bill Name  box. Forty-one  states already have some form of anti-bullying legislation or have just recently passed it:

    STATUTES

    Database: STAT-ALL

    Query: PR,CA(BULLYING). 

    RECENTLY PASSED LEGISLATION

    Database: LEGIS-ALL

    Query: BULLYING

    The question on whether school officials should be held liable for injuries to students  resulting from bullying done on school grounds is also being considered.   To read more about this topic, go to the ALLNEWS database and run the following search:  

    TI,SU(BULLY! CYBER-BULLY! & SUICID!) & SCHOOL /S LIABLE LIABILITY SUIT LAW-SUIT LITIGAT!)

    In WestlawNext, running a plain language search for BULLYING AND SUICIDE   returns an interesting secondary source article:   111 Am. Jur. Trials 123 – Public School District Liability for Injury or Damage to Student Resulting from Bullying or Other Nonsexual Harassment by Another Student.]]>
    580 2010-05-19 11:36:49 2010-05-19 16:36:49 open open bullying-leads-to-suicide-and-criminal-charges publish 0 0 post 0 _encloseme _pingme _encloseme _pingme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23381 http://twitter.com/westrefattorney/status/14304038230 2010-05-19 16:37:23 2010-05-19 21:37:23 New post: Bullying Leads to Suicide and Criminal Charges http://bit.ly/aAYDVZ]]> 1 0 0 23382 http://twitter.com/westlawschool/status/14306256316 2010-05-19 17:22:56 2010-05-19 22:22:56 Bullying Leads to Suicide and Criminal Charges http://bit.ly/aQVxEI via @WestRefAttorney]]> 1 0 0
    I don’t: Who gets to keep the ring? http://westreferenceatt.3fivelab.com/2010/05/i-dont-who-gets-to-keep-the-ring/ Mon, 17 May 2010 15:00:34 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=591 With wedding season gearing up I wondered, who gets to  keep the ring if an engagement is broken?  If the ex-bride breaks it off, must she return it? Or, if the groom breaks it off, does the would-be bride get to keep the ring?  The answer varies between each state. The search I did in WestlawNext was:

    Jurisdiction: All States

    Search: Who gets the engagement ring if the couple doesn't marry?

    Instead of reading a bunch of different cases to learn the law in each state I found an A.L.R. on the WestlawNext Overview page entitled, “Rights in respect of engagement and courtship presents when marriage does not ensue”. This article is extremely helpful (as most A.L.R. articles are). It breaks the issue down into theories of recovery and then also breaks it down by jurisdiction.]]>
    591 2010-05-17 10:00:34 2010-05-17 15:00:34 open open i-dont-who-gets-to-keep-the-ring publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23383 http://twitter.com/westrefattorney/status/14696011525 2010-05-25 14:25:12 2010-05-25 19:25:12 New post: I don’t: Who gets to keep the ring? http://bit.ly/algz4J]]> 1 0 0
    Guantanamo Detainees and Due Process—This Time in the U.K. http://westreferenceatt.3fivelab.com/2010/05/guantanamo-detainees-and-due-process-this-time-in-the-u-k/ Wed, 19 May 2010 15:04:29 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=608 The issues raised in the detainee cases in this country go to the heart of our system of jurisprudence: do detainees have the right of Habeas Corpus?  Should the cases be heard in the U.S. District Courts rather than by military tribunals?  Can coerced evidence be used at trial?  Can detainees be convicted based on evidence kept secret from them? Since some of these detainees have now been repatriated to England, that country is now wrestling with many of the same questions.  A couple of weeks ago I ran across an article in The Guardian which described a recent opinion by the Court of Appeal.  In sum, the Court of Appeal held that the government did not have the right to use secret evidence to defend itself against civil claims by the detainees of wrongful imprisonment and torture.  The article quoted some powerful language of the opinion like “A further fundamental common law principle is that trials should be conducted in public…” “…the principle that a litigant should be able to see and hear all the evidence which is seen and heard by a court determining his case is so fundamental, so embedded in the common law…” Good stuff—but where’s the opinion?  Is it on Westlaw?  I did a search in United Kingdom Reports All (UK-RPTS-ALL), which is essentially the U.K. equivalent of ALLCASES, using some of the quoted language, to no avail.  What to do?  I noticed that the database on the whole was a few days shy of being current, so I thought I’d set up a WestClip and give it a week or so.  What’s a WestClip?  It’s a Westlaw service which allows you to select a database that you’d like Westlaw to check periodically for your desired document(s), based on words or search terms that you direct it to look for. You just click on “Alert Center” near the top/right of the screen: And then on the “WestClip” line, go to the right and click “Create”: From there it’s essentially a “Wizard” setup where you designate the database and search, and select your delivery options.  In my case I just had the Clip look for “further fundamental common law principle” & “so fundamental so embedded in the common law” and my case was delivered to me three days later.]]> 608 2010-05-19 10:04:29 2010-05-19 15:04:29 open open guantanamo-detainees-and-due-process-this-time-in-the-u-k publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23384 http://twitter.com/westrefattorney/status/14299734152 2010-05-19 15:04:32 2010-05-19 20:04:32 New post: Guantanamo Detainees and Due Process—This Time in the U.K. http://bit.ly/bCCzQT]]> 1 0 0 Tracking Health Care Suits http://westreferenceatt.3fivelab.com/2010/05/tracking-health-care-suits/ Thu, 20 May 2010 16:00:37 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=624 You're likely familiar with recent cases challenging the constitutionality of the law mandating all individuals purchase health insurance.  Cases are pending in Florida and Virginia U.S. District Courts. Advancements in these cases are not always deemed newsworthy.  So, to stay ahead of the game,  track these dockets: TRACKING From either docket, click “Track this Docket” on the upper left portion of the docket: [caption id="attachment_662" align="aligncenter" width="300" caption="Track this Docket Link"][/caption]
    Next, simply fill out your delivery settings:
    [caption id="attachment_663" align="aligncenter" width="300" caption="Entry Details"][/caption]]]>
    624 2010-05-20 11:00:37 2010-05-20 16:00:37 open open tracking-health-care-suits publish 0 0 post 0 _pingme _encloseme _encloseme _pingme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23385 http://twitter.com/westrefattorney/status/14370228501 2010-05-20 16:01:32 2010-05-20 21:01:32 New post: Tracking Health Care Suits http://bit.ly/dwXJZ7]]> 1 0 0
    Employer Fires Woman for not having a “Pretty, Midwestern Girl Look” http://westreferenceatt.3fivelab.com/2010/05/employer-fires-woman-for-not-having-a-pretty-midwestern-girl-look/ Fri, 21 May 2010 13:00:04 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=625 I received a couple of calls from employment attorneys looking for a recent sex discrimination case in the Eighth Circuit.  In January the United States Court of Appeals for the Eighth Circuit issued an opinion reversing and remanding an Iowa district court’s grant of summary judgment in  a sex discrimination and retaliation case.  The employer, a hotel chain, terminated its front desk employee for not being pretty enough or possessing a “Midwestern girl look."  The court found that the employer “enforced a de facto requirement that a female employee conform to gender stereotypes in order to work.”  Lewis v. Heartland Inns of America, 591 F.3d 1033, 1037 (8th Cir. 2010).  The court went on to say, “We are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotype associated with their group.”  Id. at 1042, citing Price Waterhouse, 490 U.S.  228, 251 (1989). Read the entire opinion on Westlaw here: Lewis v. Heartland Inns of America, L.L.C. On WestlawNext:  Lewis v. Heartland Inns of America, L.L.C.]]> 625 2010-05-21 08:00:04 2010-05-21 13:00:04 open open employer-fires-woman-for-not-having-a-pretty-midwestern-girl-look publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23386 http://twitter.com/westrefattorney/status/14630334581 2010-05-24 15:33:09 2010-05-24 20:33:09 New post: Employer Fires Woman for not having a “Pretty, Midwestern Girl Look” http://bit.ly/apaTQi]]> 1 0 0 23387 http://twitter.com/westlawschool/status/14643065873 2010-05-24 19:40:47 2010-05-25 00:40:47 Employer Fires Woman for not having a “Pretty, Midwestern Girl Look” http://bit.ly/bva1Zn via @WestRefAttorney]]> 1 0 0 Vetting a Non-Judge Supreme Court Candidate http://westreferenceatt.3fivelab.com/2010/05/vetting-a-non-judge-supreme-court-candidate/ Thu, 20 May 2010 15:00:07 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=634 President Obama’s nomination of Elena Kagan to the Supreme Court raised a key research question: How do you research a non-judge?  Recent history, with President Bush’s nomination Harriet Meier, reveals that the media is more than willing to raise those questions and perhaps over emphasize the nominee’s lack of judicial experience. Non-judges have served on the Supreme Court in the past.  Earl Warren served as the Court’s Chief Justice from 1953 until 1969.  According to Wikipedia, Warren never served as a judge prior to his nomination although he was the US Attorney General from 1939 until 1943 and served as the governor of California.  Vetting Chief Justice Warren during the non-digital age must've been harder without the on-line resources we use today. Profiler-WLD is the profile database for attorneys and judges.  Besides case opinions, the database includes trial filings, journal articles and arbitration awards.  By searching Harriet Miers in Profiler-WLD's template, you can uncover the cases, filings and secondary sources this attorney worked on or were mentioned in.  With the nomination of Elena Kagan, Westlaw editors created a profile for her.  Researching non-judge Supreme Court nominees just got easier in the digital age and the researcher doesn't need to rely solely on the media.]]> 634 2010-05-20 08:00:07 2010-05-20 15:00:07 open open vetting-a-non-judge-supreme-court-candidate publish 0 0 post 0 _pingme _encloseme _encloseme _pingme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23388 http://twitter.com/westrefattorney/status/14359529028 2010-05-20 13:00:41 2010-05-20 18:00:41 New post: Vetting a Non-Judge Supreme Court Candidate http://bit.ly/bZIa1t]]> 1 0 0 23389 http://twitter.com/westlawschool/status/14371134600 2010-05-20 16:16:50 2010-05-20 21:16:50 Vetting a Non-Judge Supreme Court Candidate http://bit.ly/ctRtMM via @WestRefAttorney]]> 1 0 0 WestlawNext Contest - Win an iPod Touch http://westreferenceatt.3fivelab.com/2010/05/westlawnext-contest-win-an-ipod-touch/ Wed, 19 May 2010 19:13:16 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=641 this to your attention.  The WestlawNext Photo Contest will run through June so you have plenty of time to get your creative photographic talents in order.  Who couldn't use another iPod to relax at the beach this summer in your spare time?  Check out the first winner here. Be sure to send us a copy of your submissions as well so we can follow up on where you WestlawNext on your Blackberry, Android phone, or iPhone.  You can see our discussion of WestlawNext mobile here. NO PURCHASE NECESSARY. Open only to residents of the 50 US/DC who are employed by a corporation, nonprofit organization, or academic institution, with a legal or regulatory title. Void where prohibited. Sweepstakes starts 5/01/10 at 12:00:01 AM (CDT) & ends 6/30/10 at 11:59:59 PM (CDT).  Subject to full official rules. Sponsor: West, a Thomson Reuters business.]]> 641 2010-05-19 14:13:16 2010-05-19 19:13:16 open open westlawnext-contest-win-an-ipod-touch publish 0 0 post 0 _pingme _encloseme _encloseme _pingme _topsy_long_url topsy_short_url jd_tweet_this _edit_last ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23390 http://twitter.com/westrefattorney/status/14311342156 2010-05-19 19:14:04 2010-05-20 00:14:04 New post: WestlawNext Contest - Win an iPod Touch http://bit.ly/9JLFbu]]> 1 0 0 Wall Street Reform Bill Vote On Hold http://westreferenceatt.3fivelab.com/2010/05/wall-street-reform-bill-vote-on-hold/ Thu, 20 May 2010 19:30:11 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=658 On Wednesday May 19, 2010, political brokering delayed a crucial vote on a bill (S. 3217) aimed at preventing a reoccurrence of the recent financial crisis by enacting sweeping Wall Street reforms.  (See: “Dodd mends fences as Wall Street reform vote slips.”)  The CONGTMY database on Westlaw has recent and relevant Congressional transcripts that capture the debate surrounding this bill. Both sides of the floor have been proposing amendments to the bill, and to fully comprehend the voluminous nature and winding procedural history of  this bill, see the US-BILLTRK database.  The bill, would impact the way attorneys advise clients in the financial field, and many attorneys will be watching for the final version and the developments leading to the final version.]]> 658 2010-05-20 14:30:11 2010-05-20 19:30:11 open open wall-street-reform-bill-vote-on-hold publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23391 http://twitter.com/westrefattorney/status/14381380620 2010-05-20 19:37:27 2010-05-21 00:37:27 New post: Wall Street Reform Bill Vote On Hold http://bit.ly/b4LEap]]> 1 0 0 23392 http://twitter.com/westlawschool/status/14436033213 2010-05-21 15:44:59 2010-05-21 20:44:59 Wall Street Reform Bill Vote On Hold http://bit.ly/bgFVbn via @WestRefAttorney]]> 1 0 0 Duty to Update the Court about Your Expert’s, Um, Hypocrisy? http://westreferenceatt.3fivelab.com/2010/05/duty-to-update-the-court-about-your-experts-um-hypocrisy/ Fri, 21 May 2010 19:46:28 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=673 was quite intrigued by the recent brouhaha in Florida over some reported activity of an expert witness that supported Florida’s ban on gay adoption.  If you run a search in the Florida news (FLNP) for rekers & da(last 30 days) you will get several stories about the expert and his "luggage helper."  This is a national story that ended up being reported (5/19/10 NYT A15)  as a possible professional responsibility issue for the Attorney General of Florida. Well, there is no mention of what rule of professional responsibility is in play in any article I read.  As a Reference Attorney, I had to look it up since my course on Professional Responsibility left my personal data banks many moons ago.  Further, a common issue handed down the ranks in a law firm is that of “What is the professional rule that fits this obviously unethical situation?”  An important thing to know about Westlaw is that almost all state rules (and the local federal district court rules) are housed in the state statutory databases.  So, for my situation, I hit the Florida Statutes Annotated (FL-ST-ANN) and did the following search: pr,ca(professional /2 conduct responsibility) & (duty /2 disclos! updat!) (fals! /2 testimony).  This search finds the professional conduct rules using the preliminary and caption fields and then seeks out the specific issue within those rules- the pertinent section being “Candor Towards the Tribunal.”   Also, the Florida case that the expert was involved in is at 2008 WL 5006172.  It is a good read.]]> 673 2010-05-21 14:46:28 2010-05-21 19:46:28 open open duty-to-update-the-court-about-your-experts-um-hypocrisy publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata wp_jd_bitly _topsy_cache_timestamp wp_jd_target _topsy_long_url topsy_short_url 23393 http://twitter.com/westrefattorney/status/14449497822 2010-05-21 19:58:29 2010-05-22 00:58:29 New post: Duty to Update the Court about Your Expert’s, Um, Hypocrisy? http://bit.ly/bBORXg]]> 1 0 0 23394 http://twitter.com/westlawschool/status/14451071117 2010-05-21 20:32:44 2010-05-22 01:32:44 RT @WestRefAttorney Duty to Update the Court about Your Expert’s, Um, Hypocrisy? http://bit.ly/dp8Suj]]> 1 0 0 Criminal Complaint for Would-be Times Square Bomber Available on Westlaw http://westreferenceatt.3fivelab.com/2010/05/criminal-complaint-for-would-be-times-square-bomber-available-on-westlaw/ Fri, 21 May 2010 18:20:28 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=678 We have been reading a lot about the would-be Times Square bomber and we have had several calls looking for Faisal Shahzad’s criminal complaint. To take a look at the criminal complaint for Faisal Shahzad try the following: WESTLAW

    Westlaw Database: FED-CRFILING-ALL

    Search: Times /2 Square /s bomb!

    Or you can do a find by citation to:  2010 WL 1759461

    WestlawNext:

    Jurisdiction: New York State and Federal

    Click on Pleadings, Motions & Memoranda – Select Criminal Law as the topical selection

    Search: Times Square car bomb

    ]]>
    678 2010-05-21 13:20:28 2010-05-21 18:20:28 open open criminal-complaint-for-would-be-times-square-bomber-available-on-westlaw publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target jd_wp_twitter _topsy_long_url topsy_short_url 23395 http://twitter.com/westrefattorney/status/14444717996 2010-05-21 18:17:36 2010-05-21 23:17:36 New post: Criminal Complaint for Would-be Times Square Bomber Available on Westlaw http://bit.ly/9gq27M]]> 1 0 0
    Ticket Buyer Beware http://westreferenceatt.3fivelab.com/2010/05/ticket-buyer-beware/ Mon, 24 May 2010 13:58:19 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=701 The Third Circuit recently affirmed the dismissal of a claim brought by a New York Jets season ticket holder against the New England Patriots, Coach Bill Belichick, and the National Football League that arose out of the “Spygate” scandal.  The complaint, available on Westlaw at 2008 WL 5368010, alleged that the Patriots videotaped Jets coaches and players:
    "with the purpose of illegally recording, capturing and stealing the New York Jets signals and visual coaching instructions . . . [and] violated the contractual expectations and rights of New York Jets ticket-holders who fully anticipated and contracted for a ticket to observe an honest match played in compliance with all laws, regulations and NFL rules.”
    The plaintiff sought various forms of relief, including $61,600,000 (“the amount paid by New York Jets ticket-holders to watch eight fraudulent games between the New England Patriots and the New York Jets between 2000 and 2007”), and treble damages under RICO and the New Jersey Consumer Fraud Act that would have pushed the total amount of compensatory damages to $184,800,000. In affirming the New Jersey Federal District Court’s dismissal of the action (the opinion, Mayer v. Belichick, is at 2010 WL 1980344), the court noted that several other courts have refused to recognize “a cause of action arising out of bad performance or, more generally, the subjective expectations of the ticket-holders.” I ran a quick search in WestlawNext (a WestSearch in All Jurisdictions for: ticket holder sues sports team) to see if there were other, similar suits out there.  Among the interesting results was Strauss v. Long Island Sports, Inc., 401 N.Y.S.2d 233, a case in which a “disgruntled” New York Nets (yes, New York – this was prior to the team’s move to New Jersey) season ticket holder sued the Nets after they traded Julius (Dr. J) Erving early in the 1976-1977 basketball season.]]>
    701 2010-05-24 08:58:19 2010-05-24 13:58:19 open open ticket-buyer-beware publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23396 http://twitter.com/westrefattorney/status/14624673367 2010-05-24 13:58:20 2010-05-24 18:58:20 New post: Ticket Buyer Beware http://bit.ly/9rzbHX]]> 1 0 0 23397 http://twitter.com/westlawschool/status/14630562684 2010-05-24 15:37:02 2010-05-24 20:37:02 Ticket Buyer Beware http://bit.ly/dDhwji via @WestRefAttorney]]> 1 0 0
    Transcripts and Coffee http://westreferenceatt.3fivelab.com/2010/05/transcripts-and-coffee/ Tue, 25 May 2010 13:00:13 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=719 Trial work is something many, although certainly not all, young attorneys are interested in.  Unfortunately, the transition from trial advocacy courses into actual courtroom practice can be difficult.  As a new attorney, I personally found that reading practice guides regarding the theory behind such things as effective motion practice, voir dire and evidence useful.  However, I sometimes struggled with the implementation of those theories, and discovered the most effective way of developing litigation skills was observing the work of other, more experienced attorneys.  In an ideal world, summer associates interested in litigation would accompany seasoned lawyers to court on a regular basis.  Unfortunately, in the real world, young associates initially have few opportunities to view seasoned litigators at work.   Westlaw resources have long included written transcripts of hearings or trials. Transcripts, in addition to being valuable tools regarding a witness’s (especially an expert witness’s) prior testimony, are also useful in terms of analyzing question format, appropriateness of objections and so forth.  However, I personally do not believe that written language totally conveys the effect of actually hearing and seeing the components of voice intonation, word emphasis and even body language which are such integral part of trial advocacy.  Fortunately, Westlaw now has added live transcripts, both audio and video, to its collection of transcripts.  The data base Transcripts-All includes written, video and audio transcripts from various state and federal court proceedings.  You have the option of selecting all transcripts, or limiting your search to audio and/or video.  Additionally, you can further limit your selections by such categories as voir dire, closing argument, witness testimony, or appellate oral argument.  These transcripts allow you to actually see and hear attorneys questioning witness, making closing arguments, or arguing in the federal appellate courts.  While it may not be quite the same as actual courtroom observation Transcripts-All provides an excellent alternative, if not a fantastic complement to coffee and a bagel in the morning.]]> 719 2010-05-25 08:00:13 2010-05-25 13:00:13 open open transcripts-and-coffee publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23398 http://twitter.com/westrefattorney/status/14691107728 2010-05-25 13:00:36 2010-05-25 18:00:36 New post: Transcripts and Coffee http://bit.ly/ceax2F]]> 1 0 0 23399 http://westreferenceattorneys.com/?p=801 173.201.144.128 2010-06-14 09:42:04 2010-06-14 14:42:04 1 pingback 0 0 How to Make Hay While the Sun is Shining - and Get it in Writing http://westreferenceatt.3fivelab.com/2010/05/how-to-make-hay-while-the-sun-is-shining-and-get-it-in-writing/ Tue, 25 May 2010 19:05:16 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=723 Think all the big dollar business deals are confined to the high-rise towers of New York or the board rooms of Silicon Valley?  Meet Gold Missy.  I’ve handled a few calls where associates have been asked to write service contracts, business leases or purchase agreements that all deal with  transactions of a more bucolic nature.  FormFinder is a phenomenal resource for the attorney working on a high-dollar agricultural transaction.  For example, a search in FormFinder for dairy /4 lease will bring up a four different dairy farm leases and another lease specific to the renting a dairy cow.  (I wonder how American contract law would have evolved and Rose the Second of Aberlone would have fared had Sherwood and Walker had access to Formfinder.) A  search of orchard /4 lease brings up 9 different lease or lease addendums for use in negotiating a commercial lease of any kind of fruit orchard.  Forms can be found for using livestock or still-growing crops as loan security.   Agriculture specific forms exist for incorporating the family farm.   You can also find a form memorializing the lease of a tractor (which could be useful for your client when the starting price of the 8295RT tractor is $240,954.00). So remember, when you get that call from the entrepreneur ready to move into the world of agricultural commodity production,  you know where the resources exist to begin the process of putting things into writing.]]> 723 2010-05-25 14:05:16 2010-05-25 19:05:16 open open how-to-make-hay-while-the-sun-is-shining-and-get-it-in-writing publish 0 0 post 0 _encloseme _pingme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23400 http://twitter.com/westrefattorney/status/14775255189 2010-05-26 16:50:15 2010-05-26 21:50:15 New post: How to Make Hay While the Sun is Shining - and Get it in Writing http://bit.ly/bSjujI]]> 1 0 0 23401 http://twitter.com/westlawschool/status/15795449356 2010-06-09 18:54:45 2010-06-09 23:54:45 How to Make Hay While the Sun is Shining – and Get it in Writing http://bit.ly/b732yN via @WestRefAttorney]]> 1 trackback 0 0 23402 http://www.westlawinsider.com/2010/05/more-on-formfinder-assaulted-by-a-circus-barker-sickened-by-unwholesome-vending-machine-food/ 96.30.32.30 2010-09-28 13:15:23 2010-09-28 18:15:23 0 pingback 0 0 More on FormFinder: Assaulted by a Circus Barker? Sickened by Unwholesome Vending Machine Food? http://westreferenceatt.3fivelab.com/2010/05/more-on-formfinder-assaulted-by-a-circus-barker-sickened-by-unwholesome-vending-machine-food/ Wed, 26 May 2010 19:52:11 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=747 I’ve actually had Summer Associates call in hopes of finding forms or sample complaints relative to these subjects, and, somewhat surprisingly, found useful materials.  Droll examples aside, it is a challenge to be working in an area of law that you’ve had little or no exposure to outside of the classroom, and then to actually produce something semi-professional in short order. The “FORMFINDER.”  link is at the top-center of the Westlaw.com screen.  As Seth pointed out earlier, this will get you to a search page where you can access transactional or litigation-related forms, checklists and sample clauses.  What the typical Summer Associate might be searching will be, admittedly, less colorful than tainted snacks or out-of-control circus barkers, but no less important. Let’s say you wanted a checklist for drafting a commercial lease in New York.  The default search method is the template mode, which makes life easier for most users.  You can see that I selected my Topic, Subtopic and Document Type with simple clicks, and I selected New York right below by placing a check in the appropriate box. One of the documents that comes back looks something like this: [etc. etc.]  Voila—a checklist.  Now you can get started on your project, or at least you have a good frame of reference for when you consider what you might need to put in your lease.]]> 747 2010-05-26 14:52:11 2010-05-26 19:52:11 open open more-on-formfinder-assaulted-by-a-circus-barker-sickened-by-unwholesome-vending-machine-food publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23403 http://twitter.com/westrefattorney/status/14785287896 2010-05-26 20:05:25 2010-05-27 01:05:25 New post: More on FormFinder: Assaulted by a Circus Barker? Sickened by Unwholesome Vending Machine Food? http://bit.ly/9LI8wG]]> 1 0 0 23404 http://twitter.com/westlawschool/status/15178079798 2010-06-01 13:34:56 2010-06-01 20:34:56 More on FormFinder: Assaulted by a Circus Barker? Sickened by Unwholesome Vending Machine Food? http://bit.ly/dp4a10 via @WestRefAttorney]]> 1 trackback 0 0 23405 Hoggan3@msn.com http://www.iudsideeffects.org 121.96.213.164 2010-10-30 16:46:15 2010-10-30 21:46:15 0 0 0 Juvenile Sentencing Statutes called into question by Graham v. Florida http://westreferenceatt.3fivelab.com/2010/05/juvenile-sentencing-statutes-called-into-question-by-graham-v-florida/ Thu, 27 May 2010 12:29:49 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=707 The Supreme Court in Graham v. Florida ruled that states may no longer sentence non-homicide juvenile offenders to life without parole.  This case found a specific Florida law unconstitutional, but also calls into question a variety of laws from other states.   According to Justice Kennedy’s majority opinion, “Thirty-seven States as well as the District of Columbia permit sentences of life without parole for a juvenile non-homicide offender in some circumstances”.   When a case like this comes down and potentially invalidates a variety of laws what is the best way to find all the state statutes that are now potentially unconstitutional? CodeNotes: Cases in both Westlaw and WestlawNext contain WestCodenotes.  These are annotations added by our editors which indicate statutes which have been deemed unconstitutional or whose Constitutionality has been called into question.  All of these statutes which have been called into question are linked from this CodeNotes sections.  If you pull up any of these statues you will also see that it now has a yellow KeyCite flag, indicating that Graham has called its validity into question.]]> 707 2010-05-27 07:29:49 2010-05-27 12:29:49 open open juvenile-sentencing-statutes-called-into-question-by-graham-v-florida publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23406 http://twitter.com/westrefattorney/status/14838882660 2010-05-27 14:42:11 2010-05-27 19:42:11 New post: Juvenile Sentencing Statutes called into question by Graham v. Florida http://bit.ly/9As1gD]]> 1 0 0 23407 http://twitter.com/westlawschool/status/14840692203 2010-05-27 15:14:43 2010-05-27 20:14:43 Juvenile Sentencing Statutes called into question by Graham v. Florida http://bit.ly/aoYS2C via @WestRefAttorney]]> 1 0 0 23408 http://twitter.com/lawdaddy/status/14928495864 2010-05-28 19:50:31 2010-05-29 00:50:31 RT @WestRefAttorney: New post: Juvenile Sentencing Statutes called into question by Graham v. Florida http://bit.ly/9As1gD]]> 1 0 0 Starting Your “Pukemon” Research http://westreferenceatt.3fivelab.com/2010/05/starting-your-pukemon-research/ Thu, 27 May 2010 17:56:00 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=783 The highly disturbing criminal case out of Philadelphia involving a drunken man intentionally puking on an off-duty officer and his kids at a baseball game is about wrapped up.    ALLNEWS:  (Pukemon) & DA(LAST 90 DAYS). (10 Results) I am pretty sure I had a Criminal Law final with this scenario or possibly the civil version in Torts. Anyway, as Pukemon has shown, drunken abandon can lead to some serious consequences.  Since we deal with those consequences and frequently need a place to start, check out the Criminal Practice tab and/or the DUI Practitioner tab.]]> 783 2010-05-27 12:56:00 2010-05-27 17:56:00 open open starting-your-pukemon-research publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23409 http://twitter.com/westrefattorney/status/14850090611 2010-05-27 17:56:02 2010-05-27 22:56:02 New post: Starting Your “Pukemon” Research http://bit.ly/9dNpB8]]> 1 0 0 23410 http://twitter.com/westlawschool/status/14856527855 2010-05-27 20:09:53 2010-05-28 01:09:53 Starting Your “Pukemon” Research http://bit.ly/bCfkOX via @WestRefAttorney]]> 1 0 0 Finding Minerals Management Service Leasing Maps http://westreferenceatt.3fivelab.com/2010/06/finding-minerals-management-service-leasing-maps/ Tue, 01 Jun 2010 14:20:51 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=792 The Minerals Management Service (MMS) division of the United States Department of the Interior under 30 C.F.R. § 250.101 is authorized to regulate oil, gas, and sulphur exploration, development, and production operations on the Outer Continental Shelf (OCS). All operations must be conducted according to the OCS Lands Act (43 U.S.C. 1331 et. seq.), the regulations in this part, MMS orders, the lease or right-of-way, and other applicable laws, regulations, and amendments; and conform to sound conservation practice to preserve, protect, and develop mineral resources of the OCS.  Because of the MMS’ regulation of oil, gas and sulpher exploration, we have recently received calls about MMS maps as they concern the Deepwater Horizon oil spill. MMS maps can be discovered with a broader search of : Database: FR Search:  MINERAL-MANAGEMENT-SERVICE M.M.S. & LEAS! /5 MAP (151 Docs) Or you can try a more narrow search of: Search:  MINERAL-MANAGEMENT-SERVICE M.M.S. & LEAS! /5 MAP & graph! (14 Docs)]]> 792 2010-06-01 07:20:51 2010-06-01 14:20:51 open open finding-minerals-management-service-leasing-maps publish 0 0 post 0 _encloseme _pingme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23411 http://twitter.com/westrefattorney/status/15180894785 2010-06-01 14:20:53 2010-06-01 21:20:53 New post: Finding Minerals Management Service Leasing Maps http://bit.ly/b6OBm3]]> 1 trackback 0 0 ? Mystery Post ? http://westreferenceatt.3fivelab.com/2010/05/mystery-post/ Fri, 28 May 2010 20:10:29 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=795 Here's a research riddle.  What is the following query designed to deliver?

    ptn(2094) and nos(820)

    Post your answer in comments.  I'll follow-up in a post on Wednesday.  Winner gets bragging rights.  (Void where prohibited by law. No purchase necessary to participate.).]]>
    795 2010-05-28 13:10:29 2010-05-28 20:10:29 open open mystery-post publish 0 0 post 0 _pingme _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata wp_jd_target _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly 23412 kimberlwelch@hotmail.com http://www.bing.com/ 64.71.138.95 2011-06-22 11:00:59 2011-06-22 16:00:59 0 0 0
    Mystery Post Answer http://westreferenceatt.3fivelab.com/2010/06/mystery-post-answer/ Wed, 09 Jun 2010 21:52:37 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=797 Question: Two weeks ago we asked,  what is the following query designed to deliver?

    ptn(2094) and nos(820)

    Answer: An organization called the U.S. Copyright Group is suing a very large number of 'doe' defendants for infringing copyrights of independent films including The Hurt Locker.  So, we constructed a docket query where
    • ptn = participant name (in this case, 2094 Doe defendants); and
    • nos = nature of suit code (in this case 820 for copyright infringement).
    In order to identify these doe defendants, plaintiffs need to subpoena Internet Service Providers.  For more on this procedure try,

    Database: tp-all

    Query: ti,pr(copyright) & subpoena /s i.s.p. internet-service-provider /s doe /3 defendant

    Time Warner is reportedly fighthing the subpoenas which prompted the U.S. Copyright group to claim Time Warner is a "good ISP for copyright infringers." Interestinlgy, we know even less about the plaintiffs' organization, the U.S. Copyright Group.  Only one attorney is listed on the docket, Thomas Dunlap (Westlaw Profiler link).  His LinkedIn page says he's co-founder of the group whose purpose is "dedicated to monetizing illegal download/ upload activity in the film and entertainment industry." Some have called this organization, "copyright troll".  But, the U.S. Copyright Group isn't the only one turning infringement into a business opportunity.  Techdirt has this article on other "pre-settlement groups." There are as many thousands of defendants so far.  Plaintiffs are  film distributors.  So, the named parties in these cases do not make them immediately identifiable as US Copyright Group cases.  As a result,  we recommend searching dockets by nos code and attorney name.  For example:

    nos(820) and at(dunlap)

    ]]>
    797 2010-06-09 16:52:37 2010-06-09 21:52:37 open open mystery-post-answer publish 0 0 post 0 _encloseme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23413 http://twitter.com/westrefattorney/status/15804037202 2010-06-09 21:52:40 2010-06-10 02:52:40 New post: Mystery Post Answer http://bit.ly/dbFtzF]]> 1 trackback 0 0
    Uncodified Section of the American Recovery and Reinvestment Act http://westreferenceatt.3fivelab.com/2010/06/uncodified-section-of-the-american-recovery-and-reinvestment-act/ Thu, 03 Jun 2010 17:02:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=816 Considerable interest has been shown lately for the American Recovery and Reinvestment Act.  If you did not know the Public Law number (U.S.-P.L. 111-5), you can find the Act using the USCA Popular Name Table on Westlaw.  The database is USCA-POP and the search is ti("AMERICAN RECOVERY AND REINVESTMENT ACT").  The list of initial sections of the law that appears is only those sections newly enacted by that Public Law. As is stated at the bottom of the list, for all sections affected by the particular Public Law,” see Pub.L. [Sec. Number] in the USCA-TABLES database and the enacting credit set out below.” What happens if the section of Public Law 111-5 does not appear on these lists?  You can run a search in the USCA database with the important terms of the section to see if those terms appear anywhere in the United States Code.  What happens when some of the sections of this Public Law are not codified in the United States Code?
    “Though the appearance of a provision in the current edition of the United States Code is “prima facie” evidence that the provision has the force of law, 1 U.S.C. § 204(a), it is the Statutes at Large that provides the “legal evidence of laws,” § 112, and despite its omission from the Code section …. remains on the books if the Statutes at Large so dictates. FN3 Cf. United States v. Welden, 377 U.S. 95, 98, n. 4, 84 S.Ct. 1082, 1085, n. 4, 12 L.Ed.2d 152 (1964); Stephan v. United States, 319 U.S. 423, 426, 63 S.Ct. 1135, 1135-1136, 87 L.Ed. 1490 (1943) ( per curiam ).”
    ]]>
    816 2010-06-03 12:02:47 2010-06-03 17:02:47 open open uncodified-section-of-the-american-recovery-and-reinvestment-act publish 0 0 post 0 _encloseme _pingme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23414 http://twitter.com/westrefattorney/status/15338689335 2010-06-03 17:02:47 2010-06-03 22:02:47 New post: Uncodified Section of the American Recovery and Reinvestment Act http://bit.ly/aksgFO]]> 1 trackback 0 0 23415 http://twitter.com/westlawschool/status/15346027731 2010-06-03 19:16:00 2010-06-04 00:16:00 Uncodified Section of the American Recovery and Reinvestment Act http://bit.ly/bRlLWy via @WestRefAttorney]]> 1 trackback 0 0
    No Contempt for Infomercial Pitchman http://westreferenceatt.3fivelab.com/2010/06/7th-circuit-rejects-summary-criminal-contempt-finding-for-actions-in-the-virtual-presence-of-the-court/ Wed, 02 Jun 2010 17:07:32 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=817   When the ‘infomercial king’ Kevin Trudeau asked his radio listeners and online followers to email the judge on his behalf, it flooded the judge’s inbox. The judge found him in criminal contempt and sentenced him to 30 days in prison. The 7th Circuit ruled (2010 WL 1994593, docket # 10-1383)  that this invasion into the ‘virtual courtroom’ was not sufficient to meet the in the ‘presence’ requirement for summary criminal contempt (Fed Crim. Pro. Rule 42(b)).  While the court left open the possibility of the judge referring the matter to prosecutor, for now at least, Trudeau will not have to go directly to jail for spamming the judge. At least he did not use Google Maps in the commission of a crime in Louisiana, where a bill recently passed by the legislature adds an extra year to a sentence “When an Internet, virtual, street-level map is used in the commission of a criminal offense.”]]> 817 2010-06-02 12:07:32 2010-06-02 17:07:32 open open 7th-circuit-rejects-summary-criminal-contempt-finding-for-actions-in-the-virtual-presence-of-the-court publish 0 0 post 0 _encloseme _pingme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23416 http://twitter.com/westrefattorney/status/15264919086 2010-06-02 17:07:49 2010-06-02 22:07:49 New post: No Contempt for Infomercial Pitchman http://bit.ly/aqcCU5]]> 1 trackback 0 0 23417 http://twitter.com/westlawschool/status/15269651236 2010-06-02 18:38:03 2010-06-02 23:38:03 No Contempt for Infomercial Pitchman http://bit.ly/chkLTl via @WestRefAttorney]]> 1 trackback 0 0 Don't Ask, Don't Tell No More? http://westreferenceatt.3fivelab.com/2010/06/dont-ask-dont-tell-no-more/ Wed, 02 Jun 2010 17:06:14 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=842 The House of Representatives recently voted to allow the Department of Defense to repeal the military’s “don’t ask, don’t tell” policy.  A variety of information surrounding the legislation is available on Westlaw, and can be found using the search “don’t ask don’t tell” & da(5/2010) in the following databases:

     U.S. Code Congressional and Administrative News (USCCAN)

    • The results include a statement by President Obama reacting to the House vote.

     Congressional Record (CR)

    • Statements by members of the House both for and against repealing the policy are found here.

     US Political Transcripts (USPOLTRANS)

    • Included among the results are remarks of Defense Secretary Robert M. Gates on “don’t ask, don’t tell.”

     U.S. Congressional Testimony (USTESTIMONY)

    • The testimony of two individuals before the House Subcommittee on Disability Assistance and Memorial Affairs urging the repeal of “don’t ask, don’t tell” is found among the results here.
    ]]>
    842 2010-06-02 12:06:14 2010-06-02 17:06:14 open open dont-ask-dont-tell-no-more publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23418 http://twitter.com/westrefattorney/status/15264850879 2010-06-02 17:06:38 2010-06-02 22:06:38 New post: Don't Ask, Don't Tell No More? http://bit.ly/9I6OmT]]> 1 trackback 0 0 23419 http://twitter.com/westlawschool/status/15266255519 2010-06-02 17:31:46 2010-06-02 22:31:46 Don’t Ask, Don’t Tell No More? http://bit.ly/bRNqDj via @WestRefAttorney]]> 1 trackback 0 0
    Tracking the stock price of BP PLC http://westreferenceatt.3fivelab.com/2010/06/tracking-the-stock-price-of-bp-plc/ Fri, 04 Jun 2010 16:28:55 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=867 Given the events of the last few months, you may want to track BP's stock price over time and see just how far it has fallen.  Luckily, you can easily do so with the Stock Quote Service.  You can find links to the service on the site map, as well as on tabs like the Company Information tab.  Once there, just put BP into the ticker field and click "Next."  Then choose "Pricing History" and the time frame (daily works well for fast moving stocks like BP).  Choose your start and end dates (I suggest April 19 for a start date, the day before the oil well blowout on the Deepwater rig).  Click "Next" and you'll get a chart that starts like this: [caption id="attachment_895" align="alignnone" width="300" caption="Click to Enlarge"][/caption]]]> 867 2010-06-04 11:28:55 2010-06-04 16:28:55 open open tracking-the-stock-price-of-bp-plc publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23420 http://twitter.com/westrefattorney/status/15427413209 2010-06-04 16:28:55 2010-06-04 21:28:55 New post: Tracking the stock price of BP PLC http://bit.ly/bI6uK4]]> 1 trackback 0 0 More on the “Holy See” Lawsuit, Plus Hitchens, Kagan—and more! http://westreferenceatt.3fivelab.com/2010/06/more-on-the-holy-see-lawsuit-plus-hitchens-kagan-and-more/ Thu, 03 Jun 2010 14:18:39 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=870 Noted iconoclast—if you take down Mother Teresa in one of your books, you’re officially an iconoclast—Christopher Hitchens had a recent article in Slate where he argues against the position adopted by the Vatican that the Holy See, the “central government” of the Catholic Church in Rome, is a sovereign state, beyond the power of American courts.  For a bit more on that, please see my earlier post.  Mr. Hitchens mentioned that the U.S. government has weighed in on the subject by way of a brief to the Supreme Court complements of the Solicitor General’s office—headed by Elena Kagan.  Disappointingly the Amicus Brief endorses the position of the Vatican that as a “sovereign state” the Holy See is, in fact, immune.  It’s an interesting read, however, and it’s at 2010 WL 2032478.  Hitchens also alludes to another question, which others have also spoken about: how much does Scalia’s (and other Justices’) Catholic faith influence their decisions?  All in all this case presents a lot of law review/article fodder: the role of faith/ideology in jurists’ decision-making, the Foreign Sovereign Immunities Act, the troubling (at least to Christopher Hitchens) fact of Kagan’s implicit or explicit defense of the Vatican, whether ideological or not, and other questions.  Stay tuned.]]> 870 2010-06-03 09:18:39 2010-06-03 14:18:39 open open more-on-the-holy-see-lawsuit-plus-hitchens-kagan-and-more publish 0 0 post 0 _encloseme _pingme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23421 http://twitter.com/westrefattorney/status/15328059782 2010-06-03 14:18:40 2010-06-03 19:18:40 New post: More on the “Holy See” Lawsuit, Plus Hitchens, Kagan—and more! http://bit.ly/dkSpyl]]> 1 trackback 0 0 23422 http://twitter.com/westlawschool/status/15333920244 2010-06-03 15:47:53 2010-06-03 20:47:53 More on the “Holy See” Lawsuit, Plus Hitchens, Kagan—and more! http://bit.ly/9CkMaF via @WestRefAttorney]]> 1 trackback 0 0 23423 http://twitter.com/westlawschool/status/15333920244 2010-06-03 15:47:53 2010-06-03 20:47:53 More on the “Holy See” Lawsuit, Plus Hitchens, Kagan—and more! http://bit.ly/9CkMaF via @WestRefAttorney]]> 1 trackback 0 0 Saying You Are Silent… http://westreferenceatt.3fivelab.com/2010/06/saying-you-are-silent/ Mon, 07 Jun 2010 15:20:57 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=872 The Supreme Court handed down a new twist on Miranda rights on Tuesday (see You Have the Right to Remain Silent.  But Don’t if You Want to Use It in the New York Times).  The case, Berghuis v. Thompkins, says one must speak up about their intent to use their right to remain silent in order to be protected under that right.  I am sure Criminal Procedure classes will be full of snarky “silence” comments next year. If you are trying to find background information on Miranda or are curious about the state of the law prior to Thompkins, use the “Search for a database” or Directory tools to find a Criminal Procedure or Constitutional Law treatise.  I typed “Miranda” into the “Search for a database field” (“criminal procedure” and “constitutional law” would probably make more sense) and  Constitutional Rights of the Accused (CONRTACC) database was suggested which has a great sectionon the right to remain silent.  Be sure to click on the Table of Contents links to the left of documents you find as you will likely find some more helpful documents nearby.  Also, if you are having problems finding secondary documents giving you an in-depth discussion, run a search in the title field of the database for your subject (example below). Search:  ti(remain! /3 silen!)    CONRTACC (database)]]> 872 2010-06-07 10:20:57 2010-06-07 15:20:57 open open saying-you-are-silent publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url _topsy_cache_timestamp 23424 http://twitter.com/westrefattorney/status/15636277481 2010-06-07 15:21:11 2010-06-07 20:21:11 New post: Saying You Are Silent… http://bit.ly/aKeu3X]]> 1 trackback 0 0 23425 http://twitter.com/westlawschool/status/15637514759 2010-06-07 15:40:15 2010-06-07 20:40:15 Saying You Are Silent… http://bit.ly/9WGKE2 via @WestRefAttorney]]> 1 trackback 0 0 Can your Boss Read your Text Messages? http://westreferenceatt.3fivelab.com/2010/06/can-your-boss-read-your-text-messages/ Sun, 13 Jun 2010 02:26:36 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=888 There is a case pending in front of the United Supreme Court that might revolutionize your Blackberry usage in years to come.  We all know that our employers can read emails sent using the company account and monitor computer usage, but what about the company-provided Blackberry and the text messages you send your friends, family, or significant other? Can your employer read those? A California police officer used his department-supplied alpha-numeric pager to send racy text messages to his wife.  The police department eventually got hold of the text messages and, upon determining “someone was wasting…City time not doing work when they should be,” the police officer was terminated.  Quon v. Arch Wireless Operating Company, Inc., 529 F.3d 892, 898 (9th Cir. 2008). In my view, the most interesting part of the case is whether the employee had a reasonable expectation of privacy in his text messages.  The United States Court of Appeals for the Ninth Circuit found that he did.  The case was appealed to the United States Supreme Court and a decision is imminent. To receive an email when the case is decided, run the following search on Westlaw.com:

    Search: ti(Quon) Database: SCT

    When your results load, click on “Add Search to WestClip” at the top of the screen, just under the Edit Search box.   In the screen that comes up, you can name your clip and edit the delivery settings on the left side of the screen.]]>
    888 2010-06-12 21:26:36 2010-06-13 02:26:36 open open can-your-boss-read-your-text-messages publish 0 0 post 0 _encloseme _encloseme _topsy_long_url topsy_short_url wp_jd_bitly topsy_short_url _topsy_long_url jd_tweet_this _topsy_cache_timestamp wp_jd_target 23426 http://twitter.com/westlawschool/status/16168623392 2010-06-14 18:52:45 2010-06-14 23:52:45 Can your Boss Read your Text Messages? http://bit.ly/d5jBvs via @WestRefAttorney #SupremeCourt #lawschool]]> 1 trackback 0 0 23427 Bundley@aol.com http://buggingacellphone.com/ 111.68.28.26 2011-07-07 16:02:21 2011-07-07 21:02:21 0 0 0
    27 million dollars for 21 million** gallons leaked? http://westreferenceatt.3fivelab.com/2010/06/27-million-dollars-for-21-million-gallons-leaked/ Fri, 04 Jun 2010 13:48:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=891 As oil continue its heartbreaking gush into the Gulf of Mexico, so too continue the lawsuits, claims and legal maneuverings surrounding this national and natural catastrophe.  Senator Chuck Schumer indicated that he is seeking repeal of the legislation rig-owner Transocean plans to use to cap its liability for its role in the spill at $26.7 million.  Relying on the Limitation of Liability Act of 1851( starting at 46 U.S.C.A. § 30511), Transocean filed a petition with the Southern District of Texas seeking to limit its liability to the value of its interest in the destroyed oil rig itself (this is where the $26.7 million number comes from).    Interestingly enough, this same law is what the owners of the Titanic used to pay Titanic's survivors $95,000 in damages. You can find Transocean’s petition by going into the Southern District of Texas Filings Database (TX-SDCT-FILING) and running a search for any filing with Transocean as a party.  You will retrieve over 200 hits.  Look for the filing dated May 13, 2010. The federal government’s response to Transocean’s petition has not yet been made available but will soon be accessible by running this same search and looking for documents dated June 1, 2010. I imagine that one thing all parties agree on is that the oil needs to stop now and the clean-up/mitigation efforts must proceed with all earnestness.  Our thoughts are with the families and communities grappling with this tragedy. **the figure of 21 million gallons used in the title was taken from PBS's Gulf Oil Spill Tracker on June 3, 2010 at 5:40pm CST.]]> 891 2010-06-04 08:48:13 2010-06-04 13:48:13 open open 27-million-dollars-for-21-million-gallons-leaked publish 0 0 post 0 _pingme _encloseme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23428 http://twitter.com/westrefattorney/status/15416669515 2010-06-04 13:48:16 2010-06-04 18:48:16 New post: 27 million dollars for 21 million** gallons leaked? http://bit.ly/bHyc38]]> 1 trackback 0 0 23429 http://twitter.com/westlawschool/status/15419485629 2010-06-04 14:32:34 2010-06-04 19:32:34 27 million dollars for 21 million** gallons leaked? http://bit.ly/aSXItp via @WestRefAttorney]]> 1 trackback 0 0 Instant Replay and the Competitive Judgment Rule http://westreferenceatt.3fivelab.com/2010/06/instant-replay-and-the-competitive-judgment-rule/ Mon, 07 Jun 2010 17:46:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=903 The debate regarding the value of "instant replay" in professional sports is a hot one right now following the events that have transpired in the past few days in Major League Baseball. For one lawyer's  perspective on this debate, see S. Christopher Szczerban, Tackling Instant Replay: A Proposal to Protect the Competitive Judgments of Sports Officials, 6 Va. Sports & Ent. L.J. 277  (2007). For more on this topic, try the following search:

    Database: JLR

    Search Query: ti(replay sport athlet! official referee umpire football basketball baseball hockey M.L.B. N.F.L. M.L.B. N.H.L.) & INSTANT-REPLAY /P OFFICIAL UMPIRE REFEREE /P BASEBALL BASKETBALL FOOTBALL HOCKEY SPORT ATHLET!

    Results: 24

    ]]>
    903 2010-06-07 12:46:06 2010-06-07 17:46:06 open open instant-replay-and-the-competitive-judgment-rule publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url _topsy_cache_timestamp 23430 http://twitter.com/westrefattorney/status/15645320988 2010-06-07 17:46:59 2010-06-07 22:46:59 New post: Instant Replay and the Competitive Judgment Rule http://bit.ly/cee43y]]> 1 trackback 0 0 23431 http://twitter.com/westlawschool/status/15649008442 2010-06-07 18:50:52 2010-06-07 23:50:52 Instant Replay and the Competitive Judgment Rule http://bit.ly/dyg2uH via @WestRefAttorney]]> 1 trackback 0 0
    Look Both Ways Before you Cross Paths with Google http://westreferenceatt.3fivelab.com/2010/06/look-both-ways-before-you-cross-paths-with-google/ Tue, 08 Jun 2010 20:46:45 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=904 Google has been in hot water lately. First, they were in trouble for mistakenly capturing private WiFi data with their Street View cars. Then, a woman in Utah filed a complaint against Google for allegedly dangerous directions she received using GoogleMaps. We regularly receive calls from Summer associates with research projects given to them by partners after hearing about cases like these in the news.  A good place to start is in the Westlaw Dockets database databases. I will show you how to search in dockets to find the GoogleMap complaint filed in Utah.
    1. Click on “Court Docs” on the top of your Westlaw screen.
    2. Scroll to the bottom of the page. On the left hand side (in the blue section) you’ll see a section labeled “Dockets”. Click on the “More” link. This brings you to the directory.
    3. Select your jurisdiction. Here, we’ll scroll to the folder that says “U.S. District Courts”.
    4. Scroll down and select  “Dockets—U.S. District Court Utah”.
    5. Type “Rosenberg” in the “Participant Name” box and under “Party Type” select “Plaintiff”.
    6. Open up the second docket—Rosenberg v. Harwood et al. –this will open the docket and you can scroll down and open a PDF of the complaint.
    And, as my colleague Casey wrote in his blog earlier this week—using GoogleMaps (or any other “virtual map”) in the commission of a crime can actually enhance your sentence in Louisiana.]]>
    904 2010-06-08 15:46:45 2010-06-08 20:46:45 open open look-both-ways-before-you-cross-paths-with-google publish 0 0 post 0 _encloseme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23432 http://twitter.com/westrefattorney/status/15731346407 2010-06-08 20:46:49 2010-06-09 01:46:49 New post: Look Both Ways Before you Cross Paths with Google http://bit.ly/aJ3sV7]]> 1 trackback 0 0 23433 http://twitter.com/westlawschool/status/15732131192 2010-06-08 21:02:06 2010-06-09 02:02:06 Look Both Ways Before you Cross Paths with Google http://bit.ly/bOZ6ML via @WestRefAttorney]]> 1 trackback 0 0 23434 http://twitter.com/learnwestlaw/status/15805602002 2010-06-09 22:28:12 2010-06-10 03:28:12 RT @WestRefAttorney: New post: Look Both Ways Before you Cross Paths with Google http://bit.ly/aJ3sV7]]> 1 trackback 0 0
    Tracking the Blagojevich Case http://westreferenceatt.3fivelab.com/2010/06/tracking-the-blagojevich-case/ Tue, 08 Jun 2010 17:12:17 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=923 Opening statements in the corruption trial of erstwhile Illinois governor and reality TV star Rod Blagojevich are scheduled for this week in Chicago.  Mr. Blagojevich is accused of, among other things, attempting to “sell” an appointment to the U.S. Senate seat vacated by President Obama. The docket for the case is available on Westlaw via the following search in the Northern District of Illinois Dockets database (DOCK-IL-NDCT):  DEF(BLAGOJEVICH) & CTP(CRIMINAL). After looking at the docket, you can keep up with any new filings by clicking the “Track this Docket” link available at the top of the docket.  This tool enables you to receive a notification (e.g., via email) each time a new filing is added to the docket.]]> 923 2010-06-08 12:12:17 2010-06-08 17:12:17 open open tracking-the-blagojevich-case publish 0 0 post 0 _encloseme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23435 http://twitter.com/westrefattorney/status/15719609203 2010-06-08 17:12:18 2010-06-08 22:12:18 New post: Tracking the Blagojevich Case http://bit.ly/bxGqNe]]> 1 trackback 0 0 23436 QuealStapel390@aol.com http://www.brightonbeachboutique.com/booking 94.193.249.149 2012-03-15 10:11:18 2012-03-15 15:11:18 0 0 0 23437 SzopinskiRobards75@yahoomail.com http://www.propolishebat.com/blog/ 173.212.219.211 2012-03-15 16:08:22 2012-03-15 21:08:22 0 0 0 23438 SleeKunkle12@googlemail.com http://www.shaadi4nri.com/index.htm 124.123.109.172 2012-03-16 08:20:08 2012-03-16 13:20:08 0 0 0 23439 AsaroHall3600@aol.com http://www.laurahennings.org 178.107.98.219 2012-03-17 03:37:13 2012-03-17 08:37:13 0 0 0 Countrywide Will Pay $108 Million for Overcharging Struggling Homeowners http://westreferenceatt.3fivelab.com/2010/06/countrywide-will-pay-108-million-for-overcharging-struggling-homeowners/ Wed, 09 Jun 2010 22:37:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=938 On Monday Bank of America which now owns Counrtywide, agreed to pay $108 million to settle Federal Trade Commission charges that it overcharged homeowners.  Federal agency releases on matters like this, even where there is not a specific ruling, regulation etc, can be found on Westlaw.  For the F.T.C. these are in the n the Federal Trade Commission Documents (FEDTCOMDOC) database, there are similar databases for many other agencies. I think the best way to find this, or any database, is to type a description of what you are looking for into the ‘Search for a Database’ box.  But sometimes you just want a giant list of all the databases, you can drill down through the Directory on Westlaw, or we also have a PDF list of all the databases here, it can also be shipped to you for free.]]> 938 2010-06-09 17:37:52 2010-06-09 22:37:52 open open countrywide-will-pay-108-million-for-overcharging-struggling-homeowners publish 0 0 post 0 _encloseme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23440 http://twitter.com/westrefattorney/status/15806100006 2010-06-09 22:37:55 2010-06-10 03:37:55 New post: Countrywide Will Pay $108 Million for Overcharging Struggling Homeowners http://bit.ly/cZdVBV]]> 1 trackback 0 0 23441 http://twitter.com/lawdaddy/status/15861581090 2010-06-10 16:24:17 2010-06-10 21:24:17 RT @WestRefAttorney: Countrywide Will Pay $108 Million for Overcharging Struggling Homeowners http://bit.ly/d2GfLL]]> 1 trackback 0 0 New Credit Card billing regulations and the Key to understanding the history of Code of Federal Regulation sections http://westreferenceatt.3fivelab.com/2010/06/new-credit-card-billing-regulations-and-the-key-to-understanding-the-history-of-code-of-federal-regulation-sections/ Wed, 09 Jun 2010 21:36:43 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=943 We have had several Summer Associates call regarding difficulty that they were having determining the history of the Regulations in the Code of Federal Regulations.  Specifically at issue in a few calls have been the new credit card regulations created under the Obama administration.  You can find news stories discussing those here.  In looking at those regulations some Summer Associates have been confused by the source field into thinking that the regulations have been around for some time, instead of being newly enacted.  If you run the following search by clicking this link: we get 18 results that are mostly some newly enacted credit card rules.  If you look at bottom of each, there is a Source field.  The Source and Credit fields at the bottom of CFR sections are similar fields with a very important distinction.  The Credit field lists Federal Register documents that have amended the section you are looking at.  The Source field lists Federal Register documents that have affected any section in the Part the section resides within.   If you look at the first result in the 17 we get from the query above, (12 CFR 226.51), the Source field is right after the text of the section.  The Source field reads:
    SOURCE: Reg. Z, 46 FR 20892, Apr. 7, 1981; 52 FR 43181, Nov. 9, 1987; 54 FR 13864, April 6, 1989; 56 FR 13754, April 4, 1991; 58 FR 17084, April 1, 1993; 59 FR 40204, Aug. 5, 1994; 73 FR 44599, July 30, 2008; 74 FR 36094, July 22, 2009; 75 FR 7818, Feb. 22, 2010, unless otherwise noted.
    It is telling us that the first Federal Register document that affects any section within Part 226 is from 1981.  Each of the other listed Federal Register documents affected the part or a section within it, but not necessarily this section.  This section is new and was created February 22nd 2010, as you can see by clicking the last Federal Register document cited in the Source field.  An example of a section with both a Credit and a Source field can be found by going to the 15th result from our search (12 CFR 567.12).  The Credit and Source field read:
    [59 FR 4788, Feb. 2, 1994; 60 FR 39232, Aug. 1, 1995; 62 FR 66264, Dec. 18, 1997; 62 FR 67117, Dec. 23, 1997; 63 FR 42678, Aug. 10, 1998; 66 FR 59666, Nov. 29, 2001; 73 FR 19, Jan. 2, 2008; 73 FR 79607, Dec. 30, 2008] SOURCE: 54 FR 49649, Nov. 30, 1989; 57 FR 33439, July 29, 1992; 58 FR 4314, Jan. 14, 1993; 59 FR 4788, Feb. 2, 1994; 59 FR 18475, April 19, 1994; 60 FR 45621, Aug. 31, 1995; 60 FR 66715, Dec. 26, 1995; 61 FR 575, Jan. 8, 1996; 62 FR 55493, Oct. 24, 1997; 72 FR 69438, Dec. 7, 2007, unless otherwise noted.
    For this section, the Credit field (the top paragraph) is listing the first Federal Register document that affects this section, and then every subsequent Federal Register document that affects this section.  The Source field is indicating every Federal Register document that affects any section in Part 567 .  In short, the credit field tells you about the section you are viewing, the Source field tells you about the Part the section is within.]]>
    943 2010-06-09 16:36:43 2010-06-09 21:36:43 open open new-credit-card-billing-regulations-and-the-key-to-understanding-the-history-of-code-of-federal-regulation-sections publish 0 0 post 0 _encloseme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23442 http://twitter.com/westrefattorney/status/15803560455 2010-06-09 21:36:44 2010-06-10 02:36:44 New post: New Credit Card billing regulations and the Key to understanding the history of Code of Federal Regulation s http://bit.ly/dzv2QO]]> 1 trackback 0 0
    WestlawNext is a Wonderful Thing http://westreferenceatt.3fivelab.com/2010/06/westlawnext-is-a-wonderful-thing/ Thu, 10 Jun 2010 16:23:09 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=952 A sad news item in “today’s paper”: Marvin Isley (of the Isley Brothers) has died.  Not ringing any bells?  How ‘bout “It’s your thing” (do whatcha wanna do…) or “Who’s that Lady”??  Anyway, good Motown/early 70’s stuff.  Evidently he most likely died from diabetes-related complications and suffered quite a bit with this, and even had both legs amputated as a result.  Hearing about his death rang another bell—faintly—for me, and I thought that the group had either won or lost a pretty big copyright infringement suit regarding one of their songs.  Let’s say you found yourself where I was, looking for a case with just a few scraps of information to go on.  I just made sure that my case databases were set to “All State & Federal” and typed in a short, yet somewhat descriptive search: isley brothers copyright infringement.  I then clicked into the “Cases” category, which I have set to list in order of relevance, and what do we have here?

    Looks like the 9th Circuit Court of Appeals upheld a $5.4 million jury verdict against (*gasp*) Michael Bolton after he infringed on their “Love Is A Wonderful Thing” tune.  A very nice example of how easy WestlawNext can be: I did not have to choose a database or try to formulate a complicated Terms and Connectors query, yet I got to the case I was wondering about after typing just four words.  It’s indeed a Wonderful Thing.]]>
    952 2010-06-10 11:23:09 2010-06-10 16:23:09 open open westlawnext-is-a-wonderful-thing publish 0 0 post 0 _encloseme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23443 http://twitter.com/learnwestlaw/status/15862076587 2010-06-10 16:31:55 2010-06-10 21:31:55 RT @WestRefAttorney: New post: WestlawNext is a Wonderful Thing http://bit.ly/9Jzio3]]> 1 trackback 0 0 23444 2010-06-10 16:31:55 2010-06-10 21:31:55 RT @WestRefAttorney: New post: WestlawNext is a Wonderful Thing http://bit.ly/9Jzio3]]> 1 trackback 0 0
    Associates and Law Firms http://westreferenceatt.3fivelab.com/2010/06/associates-and-law-firms/ Fri, 11 Jun 2010 15:58:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=960 Say you've just read the book Getting It and you are wondering just how satirical its take on the modern law firm is. Or maybe you've just read about how bizarre and unreal being a summer associate can be.  So you'd like to know a bit more about the business of law, being an associate, and what partners are thinking about associates and managing law firms, but you'd like it from sources that are a little less sensational. Believe it or not, there is a lot written about managing law firms, attracting top associates, and progressing the careers of employees of law firms.  To take a look at some of the recent articles, try this search in the Journals and Law Reviews database (JLR): ti(associate & firm) You'll get some very interesting articles, with titles like: THE CASE FOR TRANSPARENCY: 10 REASONS YOUR FIRM SHOULD KEEP NO SECRETS FROM ASSOCIATES CHANGES COMING IN COMPENSATION, STAFFING, TRAINING FOR ASSOCIATES: WHAT TOMORROW'S LAW FIRM WILL LOOK LIKE HOW-TO ADVICE FOR ROOKIE ASSOCIATES 17 WAYS TO NURTURE YOUR FIRM'S FINEST SUMMER ASSOCIATES]]> 960 2010-06-11 10:58:44 2010-06-11 15:58:44 open open associates-and-law-firms publish 0 0 post 0 _encloseme _encloseme _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target Voir Dire Transcripts http://westreferenceatt.3fivelab.com/2010/06/voir-dire-transcripts/ Mon, 14 Jun 2010 14:40:18 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=801 In a previous post, I discussed the availability of both written, audio and video transcripts on Westlaw, as well as their uses for young lawyers.  Since I personally consider jury selection the most difficult portion of a jury trial, and since I learned so much from watching other attorneys conduct voir dire, I wanted to reiterate that the Trancripts-All data base includes a number of voir dire transcripts. An interesting example of voir dire in a case entitled Brecht v. Hague can be accessed by doing a find to 2009 WL 4400973.  This transcript includes rulings on motions in limine as well questioning of prospective jurors in a defamation case by both the court and the attorneys.  It even includes a brief history lesson conducted by the judge for the jurors’ benefit.]]> 801 2010-06-14 09:40:18 2010-06-14 14:40:18 open open voir-dire-transcripts publish 0 0 post 0 _encloseme _encloseme _topsy_long_url topsy_short_url jd_tweet_this ks_metadata topsy_short_url wp_jd_target _topsy_long_url _topsy_cache_timestamp wp_jd_bitly 23445 http://twitter.com/westrefattorney/status/16152241225 2010-06-14 14:40:53 2010-06-14 19:40:53 New post: Voir Dire Transcripts http://bit.ly/a5Qcwo]]> 1 trackback 0 0 PreNups - Are They Necessary? http://westreferenceatt.3fivelab.com/2010/06/prenups-are-they-necessary/ Thu, 17 Jun 2010 15:52:26 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=836 Your favorite aunt  is remarrying  and asks  you whether you think she  should have a prenuptial agreement.  How do you advise her? To read up on seven instances when a prenup is advisable, go to: New vow: ’Til prenup do us part: 7 situations in which the legal document is advisable; Your aunt has also asked you to show her a couple sample prenuptial agreements so she has an idea of what they entail.   Where can you find  sample prenups? Click  FORMFINDER  at the top of the Westlaw  screen. Under TOPIC,  choose FAMILY. Under Subtopic,  choose Marriage, Prenuptial & Postnuptial Agreements.  Under Jurisdiction:    Choose your state or search ALL. You will notice the results are divided into four groupings:   Text Forms, Official PDF Forms, Checklists  and Clauses.]]> 836 2010-06-17 10:52:26 2010-06-17 15:52:26 open open prenups-are-they-necessary publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23446 http://twitter.com/westrefattorney/status/16398855800 2010-06-17 15:54:26 2010-06-17 20:54:26 New post: PreNups - Are They Necessary? http://bit.ly/a9SAkb]]> 1 trackback 0 0 Searching for Overviews http://westreferenceatt.3fivelab.com/2010/06/searching-for-overviews/ Thu, 17 Jun 2010 12:48:09 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=844 I recently read an article regarding Strategic Lawsuits Against Public Participation or "SLAPP laws."  Minnesota has an anti-SLAPP law in place, as do a majority of other states.  But, it got me thinking about various legal terms that don’t necessarily make their way into everyday life and how I would approach a topic that is foreign to me.  Statutes and case law are obvious choices, but often enough articles offering a more of an overview are a great way to find the quick reference point you need to understand a topic a little better and focus your research.  I took the anti-SLAPP concept and ran it in journals and law reviews to see what sort of overviews I could find. Westlaw:

    Search: ti,pr(s.l.a.p.p. "strategic lawsuit against public participation" /s overview general!)

    Database: JLR

    Results: 2 documents

    Search: ti,pr(s.l.a.p.p. "strategic lawsuit against public participation")

    Database:  JLR

    Results: 77 docs

    Westlaw Next:

    Search: overview of anti-SLAPP laws (2,406)

    Content: Law Reviews & Journals

    Jurisdiction: All State & Federal

    ]]>
    844 2010-06-17 07:48:09 2010-06-17 12:48:09 open open searching-for-overviews publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target _topsy_cache_timestamp 23447 http://twitter.com/westrefattorney/status/16385721874 2010-06-17 12:48:10 2010-06-17 17:48:10 New post: Searching for Overviews http://bit.ly/b4v7l4]]> 1 trackback 0 0
    Foxconn and Chinese labor law http://westreferenceatt.3fivelab.com/2010/06/foxconn-and-chinese-labor-law/ Tue, 15 Jun 2010 19:46:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=876 There have been a recent spate of news stories about the working conditions in the Foxconn factory that,  as part of its workload , has been producing Apple products such as the Iphone and Ipad. Foxconn has been in the news recently regarding the working conditions at the factory, and a series of suicides of their workers that are said by some to be partly a result of those conditions.  At interest to more than one Summer Associate was the labor laws currently in effect in China.  If you are a subscriber to Westlaw China you can access our English translation of the Labor Contract Law of 2008 by clicking "Laws and Regulations" and searching "Labor Contract Law of the People's Republic of China" in the title field. Among other things, this law prevents an employer from forcing employees to work overtime and requires the employer to pay overtime wages in accordance with the state regulations (Article 31); prevents the employer from holding the identity card of employees (Article 9); and limits non-compete provisions to senior managerial personnel, senior technical personnel and other personnel who are “obliged to maintain confidentiality of the employer” (Article 24). Of course the enforcement of the Labor Contract Law is an open question as has been widely reported.  There are many stories of it being frequently ignored.  More recently, there have been some stories regarding a more populist trend regarding Chinese workers.  The recent apparent increased bargaining power of the Chinese laborer will have a bigger impact in the end then legislation alone.]]> 876 2010-06-15 14:46:46 2010-06-15 19:46:46 open open foxconn-and-chinese-labor-law publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23448 http://twitter.com/westrefattorney/status/16249763500 2010-06-15 19:46:50 2010-06-16 00:46:50 New post: Foxconn and Chinese labor law http://bit.ly/cX3kbU]]> 1 trackback 0 0 23449 http://twitter.com/learnwestlaw/status/16316165218 2010-06-16 15:50:06 2010-06-16 20:50:06 RT @WestRefAttorney: New post: Foxconn and Chinese labor law http://bit.ly/cX3kbU]]> 1 trackback 0 0 23450 2010-06-16 15:50:06 2010-06-16 20:50:06 RT @WestRefAttorney: New post: Foxconn and Chinese labor law http://bit.ly/cX3kbU]]> 1 trackback 0 0 23451 DemateoDickens69@hotmail.com http://www.ultimahubchina.com/index.php/internships.html 37.122.209.63 2012-09-27 20:35:04 2012-09-28 01:35:04 0 0 0 Carefully negotiated settlement agreement between the IRS and Switzerland's UBS on hold http://westreferenceatt.3fivelab.com/2010/06/carefully-negotiated-settlement-agreement-between-the-irs-and-switzerlands-ubs-on-hold/ Wed, 16 Jun 2010 18:07:20 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=941 On August 19, 2009, UBS announced the formal signing of a settlement agreement with the IRS of the United states regarding the John Doe summons issued on 21 July 2008. The summons has been the subject of a civil action in the United States District Court of the Southern District of Florida. According to document 8/20/09 Briefing.com Stock Information 02:00:27,
    the principal terms of this settlement agreement and the related agreement entered into at the same time by the governments of Switzerland and the United States are described: The agreement does not call for any payment by UBS. Moreover, it resolves all issues relating to the alleged breaches of UBS's Qualified Intermediary Agreement with the IRS as set forth in the Notice of Default dated 15 May 2008. As part of the settlement, the parties will promptly file a stipulation with the court to dismiss the enforcement action relating to the John Doe summons. In accordance with the separate agreement between the United States and Switzerland, the IRS will submit a request for administrative assistance pursuant to the existing US-Switzerland Double Taxation Treaty to the Swiss Federal Tax Administration (SFTA). This request will seek information relating to certain accounts of US persons maintained at UBS in Switzerland. It is expected that approximately 4,450 accounts will be provided to the SFTA in response to this treaty request.
    The tax treaty referenced can be retrieved from the USTREATIES database with the search, CTR(SWITZERLAND) & TE(TAX /3 FRAUD!)
    Today June 8th, the lower house of Switzerland, the National Council, voted against the deal, 104 against to 76 in favor, after the Council's demanded amendments were refused. Sixteen lawmakers abstained. The Council did vote to send the measure to a referendum if necessary. The Council of State, the upper house, last week voted in favor of the deal and against a referendum. The two houses will begin Wednesday to try to reconcile their differences. They have until June 18 to reach agreement before the end of the parliamentary session. The deadline for UBS to hand over client data in the action is August 2010.
    ]]>
    941 2010-06-16 13:07:20 2010-06-16 18:07:20 open open carefully-negotiated-settlement-agreement-between-the-irs-and-switzerlands-ubs-on-hold publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23452 http://twitter.com/westrefattorney/status/16325076670 2010-06-16 18:07:21 2010-06-16 23:07:21 New post: Carefully negotiated settlement agreement between the IRS and Switzerland's UBS on hold http://bit.ly/9csSfN]]> 1 trackback 0 0
    It's Not Easy Being "Green" http://westreferenceatt.3fivelab.com/2010/06/its-not-easy-being-green/ Wed, 16 Jun 2010 13:17:04 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=976 While being “green” might not be easy, recently it has become much more popular. Reusable lunch bags, grocery bags, Tupperware, and water bottles have become all the rage. Following this general trend, last week the California Assembly passed a bill that will ban single-use plastic and paper bags in the state and, if passed by the Senate and signed by the governor, will preempt other local rules on the subject in California. In the last few days I’ve had many calls from customers looking for bills on Westlaw. It can be difficult to locate bill text if you don’t know where to look. I typed in “California Bills” in the “Search for a Database” box. The wizard returned many different databases but I selected the second one—CA-BILLS. The database opens to a user-friendly template where you can input whatever information you know about the bill you’re looking for. I typed [plastic /3 bag] in the “Bill Text” box.  I got 47 documents but the results are ranked with the most recent bill on the top so I opened the first document, clicked on “next term” and found the language of the single-use bag bill.]]> 976 2010-06-16 08:17:04 2010-06-16 13:17:04 open open its-not-easy-being-green publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp jd_wp_twitter _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23453 http://twitter.com/legalcurrent/status/16314649600 2010-06-16 15:30:10 2010-06-16 20:30:10 RT @WestRefAttorney New post: It's Not Easy Being "Green" http://bit.ly/clorm0]]> 1 trackback 0 0 23454 http://twitter.com/westrefattorney/status/16305287677 2010-06-16 13:17:11 2010-06-16 18:17:11 New post: It's Not Easy Being "Green" http://bit.ly/clorm0]]> 1 trackback 0 0 O.J. Simpson's Appeal to the Nevada Supreme Court http://westreferenceatt.3fivelab.com/2010/06/o-j-simpsons-appeal-to-the-nevada-supreme-court/ Wed, 16 Jun 2010 20:02:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=984 Attorneys for O.J. Simpson argued before the Nevada Supreme Court on Friday, June 11 to reverse Simpson’s conviction of armed robbery (and other similar offenses) from 2008. One of the arguments on appeal is that the trial court judge committed judicial misconduct throughout the trial which prejudiced Simpson. Here is a link to the Appellant’s opening brief: SIMPSON, Orenthal J., Appellant, v. The State of Nevada, Respondent (2009 WL 3405087).

    "the Court again scolds trial counsel. Court: listen folks, the last thing you want me to do as a trial judge is start losing my temper in front of the fine ladies and gentlemen of the jury and having to deal with all of you. You've been warned folks."

    To view filings from the trial court from this case, you can do the following search:

    Database: NV-FILING

    Search Query: TI(orenthal /2 simpson)

    Number of Documents Retrieved: 13

    ]]>
    984 2010-06-16 15:02:52 2010-06-16 20:02:52 open open o-j-simpsons-appeal-to-the-nevada-supreme-court publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url _topsy_cache_timestamp jd_tweet_this wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23455 http://twitter.com/westrefattorney/status/16332044917 2010-06-16 20:13:02 2010-06-17 01:13:02 New post: O.J. Simpson's Appeal to the Nevada Supreme Court http://bit.ly/91Mg8f]]> 1 trackback 0 0
    The Gulf of Texaco? http://westreferenceatt.3fivelab.com/2010/06/the-gulf-of-texaco/ Mon, 14 Jun 2010 16:10:10 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=988 How much will the Gulf disaster cost BP?  Its quarterly dividendOne billion dollarsSix billionFourteen billionHow about everything? Andrew Ross Sorkin writes that lawyers and investment advisors are already contemplating a potential bankruptcy for BP.  According to Sorkin, some on Wall Street are already strategizing ways to use a “pre-packaged bankruptcy” to push BP’s clean-up costs and spill-related liabilities into a separate entity.  The remaining “cleaned-up” assets would be sold to an industry-rival. Sorkin calls this the “Texaco Scenario”. In 1987, Texaco, saddled with a $1 billion judgment, filed Chapter 11 to escape paying this debt.  What remained was later bought by rival Penzoil. Running a search of ti(texaco) & bankrupt!  in TP-ALL will bring you to 21 articles.  Some of the titles include, “Texaco !! – Rethinking Environmental Claims in Bankruptcy”, “Bankruptcy Filing Nixes Shipyard Worker’s Cancer Claim” and  Treatment and Discharge of Environmental Obligations – Chapter 11 Reorganization”.  As BP’s bills mount, so too will additional calls for more dividend suspension, additional fines and heavier penalties.  Sorkin may be spot-on in predicting what could become a phenomenally large and complex corporate bankruptcy.]]> 988 2010-06-14 11:10:10 2010-06-14 16:10:10 open open the-gulf-of-texaco publish 0 0 post 0 _encloseme _encloseme _topsy_long_url topsy_short_url _topsy_cache_timestamp jd_tweet_this _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23456 http://twitter.com/westrefattorney/status/16158855597 2010-06-14 16:10:13 2010-06-14 21:10:13 New post: The Gulf of Texaco? http://bit.ly/9MUhpC]]> 1 trackback 0 0 23457 http://twitter.com/legalcurrent/status/16247843767 2010-06-15 19:20:11 2010-06-16 00:20:11 RT @WestRefAttorney New post: The Gulf of Texaco? http://bit.ly/9MUhpC]]> 1 trackback 0 0 Listen to Them Argue! http://westreferenceatt.3fivelab.com/2010/06/listen-to-them-argue/ Thu, 17 Jun 2010 18:55:11 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1067 Last Friday, the Ninth Circuit Court of Appeals affirmed the exclusion of certain evidence in the federal perjury case against Barry Bonds.  After reading the linked story, I decided to see what Westlaw had on the decision.  I found the opinion (at 2010 WL 2331456) by searching for TI("UNITED STATES" & BARRY /2 BONDS) in the U.S. Court of Appeals for the Ninth Circuit Cases (CTA9) database. Curious to see what else was available, I scrolled to the bottom of the opinion, where links to briefs and to the case’s docket are usually located.  Those familiar links were there, but something else caught my eye: a link to the oral argument transcript.  In addition to the trial transcripts mentioned by Susan in this post, Westlaw contains a number of oral argument transcripts, some of which include audio and/or video of the arguments.  We are in luck here, as clicking the link to the transcript will give you an opportunity to not only read the transcript, but listen to the arguments as well. Of course, the oral argument transcripts may also be searched.  For example, if you want to find out whether a certain judge is tough on attorneys arguing before him or her, or find arguments made by a specific attorney, the transcript databases (e.g., CTA9-ORALARG for Ninth Circuit Oral Argument Transcripts) will allow you to search by a particular judge or attorney.  You can then read and/or watch and/or listen to your results.]]> 1067 2010-06-17 13:55:11 2010-06-17 18:55:11 open open listen-to-them-argue publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23458 http://twitter.com/westrefattorney/status/16409742047 2010-06-17 18:55:24 2010-06-17 23:55:24 New post: Listen to Them Argue! http://bit.ly/bVfJfu]]> 1 trackback 0 0 23459 Brumitt@gmail.com http://. 80.82.68.133 2012-03-20 18:59:34 2012-03-20 23:59:34 0 0 0 “Do you have any idea how fast you were going?” http://westreferenceatt.3fivelab.com/2010/06/do-you-have-any-idea-how-fast-you-were-going/ Fri, 18 Jun 2010 13:10:10 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1073 A recent Ohio Supreme Court ruling held
    “a police officer's unaided visual estimation of a vehicle's speed is sufficient evidence to support a conviction for speeding…”
    Now legislators are planning to introduce legislation that would require the use of a radar detector or other technology to verify a vehicle’s speed.]]>
    1073 2010-06-18 08:10:10 2010-06-18 13:10:10 open open do-you-have-any-idea-how-fast-you-were-going publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23460 http://twitter.com/westrefattorney/status/16468848852 2010-06-18 13:10:41 2010-06-18 18:10:41 New post: “Do you have any idea how fast you were going?” http://bit.ly/cQRTAo]]> 1 trackback 0 0
    Monitoring a Specific Toyota Lawsuit with Docket Alert http://westreferenceatt.3fivelab.com/2010/06/monitoring-a-specific-toyota-lawsuit-with-docket-alert/ Thu, 17 Jun 2010 14:35:40 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1078 Click create in the line of the docket alert and choose Receive an alert when new cases are filed. Select your court and insert your party name.  Click save, and you will receive emails listing how many dockets apply.  In one day, 14 cases were filed in federal courts against Toyota.  Once you regularly start receiving updates on new litigation, you might discover adverse or supportive litigation that you want to keep an eye on.  Westlaw’s alert center’s docket alert allows an individual to monitor a specific docket.  Westlaw will send the user an email when new filings are posted to the docket sheet Select the proper court. Then you can  name the alert whatever you like, select the time of day for monitoring and select your delivery settings.  Once you’ve selected the relevant information, click save and Westlaw will monitor your docket for you.]]> 1078 2010-06-17 09:35:40 2010-06-17 14:35:40 open open monitoring-a-specific-toyota-lawsuit-with-docket-alert publish 0 0 post 0 _encloseme _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23461 http://twitter.com/westrefattorney/status/16393403859 2010-06-17 14:36:21 2010-06-17 19:36:21 New post: Monitoring a Specific Toyota Lawsuit with Docket Alert http://bit.ly/aDYcED]]> 1 trackback 0 0 No Privacy in Text Messages http://westreferenceatt.3fivelab.com/2010/06/no-privacy-in-text-messages/ Mon, 21 Jun 2010 16:07:38 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1125 Earlier I mentioned a case pending before the U.S. Supreme Court regarding the right to privacy in employer-provided communication devices.  Short version: a police officer was using his government-provided pager to send racy text messages to his wife. The police department busted him for it. The Supreme Court issued their opinion last Thursday, holding that the employee’s Fourth Amendment rights were not violated and the employer’s reading of the employee’s text messages was reasonable, reversing the Ninth Circuit. View the opinion on Westlaw:  2010 WL 2400087 On WestlawNext:  2010 WL 2400087 If you’re looking for a giggle, take a look at the oral argument transcript and enjoy the Justices’ difficulty in grasping text-messaging technology.   My personal favorite is a Chief Justice Roberts quote.  “Maybe—maybe everybody knows this, but what is the difference between the pager and the e-mail?”]]> 1125 2010-06-21 11:07:38 2010-06-21 16:07:38 open open no-privacy-in-text-messages publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target _topsy_cache_timestamp 23462 http://twitter.com/westrefattorney/status/16703901812 2010-06-21 16:07:40 2010-06-21 21:07:40 New post: No Privacy in Text Messages http://bit.ly/aLgXp0]]> 1 trackback 0 0 23463 http://twitter.com/westlawschool/status/16707368006 2010-06-21 17:01:53 2010-06-21 22:01:53 No Privacy in Text Messages http://bit.ly/cr0AT9 via @WestRefAttorney]]> 1 trackback 0 0 23464 http://twitter.com/westrefattorney/status/16716052186 2010-06-21 19:28:14 2010-06-22 00:28:14 Post Edited: No Privacy in Text Messages http://bit.ly/aLgXp0]]> 1 trackback 0 0 Got (Unpasteurized) Milk??? http://westreferenceatt.3fivelab.com/2010/06/got-unpasteurized-milk/ Mon, 21 Jun 2010 16:16:45 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1131 story in the Minneapolis Star Tribune describes how several people were infected with the E. Coli bacteria after drinking unpasteurized (raw) milk bought directly from a Minnesota dairy.  On the heels of this story I fielded a call from a Summer Associate who wanted to find the Minnesota law referenced in the article: “…raw milk is restricted to ‘occasional purchases directly at the farm where the milk is produced,’ Kassenborg said.”  I believe I found the statute, M.S.A. s. 32.393.  That brought up the question of whether other states have statutes or regulations on raw milk.  I brought her to two databases, SURVEYS and REG-SURVEYS.  These can be excellent databases to use, especially for Summer Associates who often times are given survey-type assignments.  The databases compile statutes or regulations from states around the country that deal with a common subject.  For example, there’s a Regulation Survey on smoking in indoor areas and a statutory survey on taxation of lottery and other gambling winnings. Of course, there isn’t a survey on every subject, but there are many.  I didn’t find one on raw milk, but here’s how I searched: I simply searched for the word ‘milk’ as my terms and connectors search, since with a fairly-unique word such as this you’re likely to get just a few results. You can scan the introductory paragraphs of the survey to see if the survey is on-point.  Or, once you get to the search box for either database, you can click the “Table of Contents” link in the upper-right corner and scan the topics that way.  Finally, let’s say you have a statute on the subject you’re concerned with, such as my Minnesota Statute 32.393.  What I will do is simply run the statute number as my search term, with the assumption that if there was a survey on raw milk then assuredly such a survey would come up as a result of your search.  Try these databases—you could potentially spare yourself many hours of research.]]> 1131 2010-06-21 11:16:45 2010-06-21 16:16:45 open open got-unpasteurized-milk publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url _topsy_cache_timestamp 23465 http://twitter.com/westrefattorney/status/16704540592 2010-06-21 16:17:25 2010-06-21 21:17:25 New post: Got (Unpasteurized) Milk??? http://bit.ly/9o1CGV]]> 1 trackback 0 0 A New Angle on Appearance Discrimination. http://westreferenceatt.3fivelab.com/2010/06/a-new-angle-on-appearance-discrimination/ Tue, 22 Jun 2010 18:10:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1141 In an unusual twist in so-called “appearance discrimination”, a woman named Debrahlee Lorenzana sued Citibank, claiming she was discriminated against based upon her physical attractiveness.  The complaint, which can be found at 2009 WL 4241578 alleges discrimination and retaliation in violation of the New York City Human’s Rights Law. This case is interesting on several levels.  First, while appearance discrimination certainly is not a new topic in employment law, the majority of this litigation has revolved around allegations that plaintiff received less favorable treatment than other, more “attractive” people.   Secondly, being attractive has traditionally been considered an asset, not a liability, in employment decisions. Several good articles on this subject can be located by running a search for ti(appearance-discrimination) within the Journals & Law Reviews (JLR) data base.  Whatever its outcome, this particular case will certainly be analyzed in any future discussions of appearance discrimination.]]> 1141 2010-06-22 13:10:46 2010-06-22 18:10:46 open open a-new-angle-on-appearance-discrimination publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23466 http://twitter.com/westrefattorney/status/16788642362 2010-06-22 18:11:28 2010-06-22 23:11:28 New post: A New Angle on Appearance Discrimination. http://bit.ly/aObGMR]]> 1 trackback 0 0 23467 http://twitter.com/westlawschool/status/16943244397 2010-06-24 16:43:35 2010-06-24 21:43:35 A New Angle on Appearance Discrimination. http://bit.ly/abLaeK via @WestRefAttorney]]> 1 trackback 0 0 23468 http://twitter.com/learnwestlaw/status/17016548546 2010-06-25 14:10:04 2010-06-25 19:10:04 RT @WestRefAttorney: New post: A New Angle on Appearance Discrimination. http://bit.ly/aObGMR]]> 1 trackback 0 0 Texting while Driving http://westreferenceatt.3fivelab.com/2010/06/texting-while-driving/ Tue, 22 Jun 2010 13:02:25 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1143 One hot topic in many state legislatures currently involves prohibiting texting while driving, and perhaps other cell phone-related distractions while driving as well. Even Oprah is on board.  For recent legislative amendments on this topic, try the following search:

    Databases: LEGIS-OLD-ALL, LEGIS-ALL

    Search Query: CELLULAR DISTRACT! TEXT! /4 DRIV! & DA(LAST 3 YEARS)

    Documents Retrieved: 35

    For Journals and Law Review Articles on this topic, try this search: 

    Database: JLR

    Search Query: ti(text! distract! cell! mobile phon! telephon! /4 driv!)

    Documents Retrieved: 20

    ]]>
    1143 2010-06-22 08:02:25 2010-06-22 13:02:25 open open texting-while-driving publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last wp_jd_bitly wp_jd_target _topsy_cache_timestamp jd_wp_twitter _topsy_long_url topsy_short_url 23469 http://twitter.com/westrefattorney/status/16770115217 2010-06-22 13:02:44 2010-06-22 18:02:44 New post: Texting while Driving http://bit.ly/bHgYJs]]> 1 trackback 0 0
    Should Cartoon Characters be enjoined from selling junk food? http://westreferenceatt.3fivelab.com/2010/06/should-cartoon-characters-be-enjoined-from-selling-junk-food/ Wed, 23 Jun 2010 12:53:05 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1174 The topic of obese children in American society and the deleterious effects of such obesity is a hot topic these days.   There is a definite causal  connection between eating excessive junk food and obesity.  This brings into question whether marketing junk food to children is  responsible.
    “Fifty percent of children say that food from a package decorated with a cartoon celebrity such as Shrek tastes better than the same exact food from a plain package, according to a new study.” “Between 73 percent and 85 percent selected the food in the character packaging as the one they'd prefer to eat as a snack.” (CNN)
    The American Psychological Association, among other organizations, has called for the elimination of all marketing of food products to children.  Though such regulations have not yet been instituted,  running a basic search on WestlawNext  results in some very interesting reports.

    WestlawNext  Search:    cartoon characters market junk food

    Jurisdiction:    All State and Federal

    Browse the Overview Screen – under Administrative Decisions and Guidance, see Report entitled:  MARKETING FOOD TO CHILDREN AND ADOLESCENTS, 2008 WL 2974317.  To view a number of additional relevant reports and decisions on topic, click the Administrative Decisions and Guidance link on the left panel of WestlawNext.]]>
    1174 2010-06-23 07:53:05 2010-06-23 12:53:05 open open should-cartoon-characters-be-enjoined-from-selling-junk-food publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23470 http://twitter.com/westrefattorney/status/16847696726 2010-06-23 12:55:32 2010-06-23 17:55:32 New post: Should Cartoon Characters be enjoined from selling junk food? http://bit.ly/9ZkqF3]]> 1 trackback 0 0 23471 http://twitter.com/learnwestlaw/status/16873439557 2010-06-23 19:59:54 2010-06-24 00:59:54 RT @WestRefAttorney: New post: Should Cartoon Characters be enjoined from selling junk food? http://bit.ly/9ZkqF3]]> 1 trackback 0 0 23472 http://twitter.com/westlawschool/status/16862534923 2010-06-23 16:57:25 2010-06-23 21:57:25 Should Cartoon Characters be enjoined from selling junk food? http://bit.ly/aeYWkW via @WestRefAttorney]]> 1 trackback 0 0
    Punitive Damages Deduction Disappearing? http://westreferenceatt.3fivelab.com/2010/06/punitive-damages-deduction-disappearing/ Wed, 23 Jun 2010 19:56:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1181 The U.S. Senate recently voted to amend the American Jobs and Closing Tax Loopholes Act of 2010 to include a provision making the payment of punitive damages a non-deductible expense.  To view the text of the amendment and comments surrounding its introduction, try the following search in the Congressional Record (CR) database:  "closing tax loopholes act" & punitive exemplary /2 damage. To find recent media coverage of the amendment and the deductibility of punitive damages in general, try a search in ALLNEWSPLUS for:  deduct! /s punitive exemplary /2 damage & da(2010). For some discussion on the history of the deduction, search the TP-ALL database for:  pr,ti(deduct! /5 punitive exemplary /2 damage).]]> 1181 2010-06-23 14:56:00 2010-06-23 19:56:00 open open punitive-damages-deduction-disappearing publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23473 http://twitter.com/westrefattorney/status/16873266252 2010-06-23 19:57:00 2010-06-24 00:57:00 New post: Punitive Damages Deduction Disappearing? http://bit.ly/cbgv3f]]> 1 trackback 0 0 Hornbeck Injunction Available http://westreferenceatt.3fivelab.com/2010/06/hornbeck-injunction-available/ Tue, 22 Jun 2010 22:10:04 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1194 This afternoon, Judge Feldman granted a preliminary injunction against the 6 month moratorium on deepwater drilling issued by Secretary of the Interior Salazar.   The opinion, Hornbeck Offshore Services, L.L.C. v. Salazar is now available at 2010 WL 2490930.  For the docket, search  2:10-CV-01663 at DOCK-LA-EDCT.]]> 1194 2010-06-22 17:10:04 2010-06-22 22:10:04 open open hornbeck-injunction-available publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23474 http://twitter.com/westrefattorney/status/16802089830 2010-06-22 22:10:04 2010-06-23 03:10:04 New post: Hornbeck Injunction Available http://bit.ly/b3wl3x]]> 1 trackback 0 0 23475 http://twitter.com/learnwestlaw/status/16852116902 2010-06-23 14:05:12 2010-06-23 19:05:12 RT @WestRefAttorney: New post: Hornbeck Injunction Available http://bit.ly/b3wl3x]]> 1 trackback 0 0 Joint Strategic Plan on Intellectual Property Enforcement to turn up the heat on Russian File Sharing Sites http://westreferenceatt.3fivelab.com/2010/06/joint-strategic-plan-on-intellectual-property-enforcement-to-turn-up-the-heat-on-russian-file-sharing-sites/ Thu, 24 Jun 2010 22:21:19 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1203 We have had some calls very recently regarding the new Joint Strategic Plan on Intellectual Property Enforcementannounced by Victoria Espinel (sometimes called the Copyright Czar).  One focus of this new report is Russia and its apparent tolerance of commercial file sharing websites.  These websites are located within Russia, but sell copyrighted material around the world purportedly under Russian copyright law.  This activity has earned Russia a place on the Office of the United States Trade Representatives “Notorious Market List” of countries that are allowing violations of international copyright law.  A particular facet of Russian Copyright law has in the past been of particular concern to the Recording Industry of America (RIAA), the Motion Picture Association of America (MPAA) and the United States Government. At least one reading of Russian Copyright law indicates that there is a compulsory license whereby anyone can sell a copyrighted work as long as they pay compensation under a license obtained from the Russian Government.   This compensation is paid to the Russian Organization for Multimedia and Digital Systems (ROMS).  The compensation generally amounts to 15% of sales, it is then distributed by ROMS (although the recipients often decline to accept it) to the copyright holders.   These Russian Copyright principals have been exploited by a spate of gray market websites that operate out of Russia under these compulsory licenses.  Essentially they set up shop and sell unprotected MP3s (and more lately Hollywood feature films that are still in the theaters) to anyone, anywhere who will pay the very modest fee to download from their library.  There are websites operating out of Russia right now that sell songs to individuals in the United States for 9 Cents a song. The first website to gain international notoriety using this business model was allofmp3.com (now defunct).  Allofmp3.com encountered many legal difficulties.  There was a lawsuit filed in the Southern District of New York for over 1.5 trillion dollars, although pressure brought to bear on the Russian government by the United States is often credited with causing the website's closure . The business model of selling the work of others using Russian copyright law to an international audience has not disappeared however.  Many other websites exploiting this same interpretation of Russian law have come into being in the wake of the demise of allofmp3.com, a list of which can be found on Wikipedia. Westlaw does not carry Russian statutes.   We do have a couple of treatises that have a great deal of information regarding Russian intellectual property law.  The two treatises are Corporate Counsel's Guide to Doing Business in Russia (CCGRUSSIA) (there is also a Corporate Counsel’s Guide for China), and Copyright Throughout the World (COPYWORLD).  Copyright Throughout the World has a very detailed look at Russian Copyright law in Chapter 30.]]> 1203 2010-06-24 17:21:19 2010-06-24 22:21:19 open open joint-strategic-plan-on-intellectual-property-enforcement-to-turn-up-the-heat-on-russian-file-sharing-sites publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23476 http://twitter.com/westrefattorney/status/16965682211 2010-06-24 22:21:19 2010-06-25 03:21:19 New post: Joint Strategic Plan on Intellectual Property Enforcement to turn up the heat on Russian File Sharing Sites http://bit.ly/actpzO]]> 1 trackback 0 0 23477 MartBowling37@hotmail.com http://www.pixelmyapp.com/file-sharing-hosting.html 95.252.87.97 2013-06-26 04:51:51 2013-06-26 09:51:51 0 0 0 Stranded on the Tarmac.... http://westreferenceatt.3fivelab.com/2010/06/stranded-on-the-tarmac/ Fri, 25 Jun 2010 12:24:34 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1207 Earlier this week passengers aboard a Virgin Atlantic flight from London to Newark, NJ were stranded for over four hours on the tarmac (with no air conditioning) after being diverted to an airport in Connecticut due to bad weather. Back in December, the U.S. Department of Transportation promulgated regulations governing how long airline passengers can be delayed on an airport tarmac before being allowed to “deplane.” These regulations went into effect in April. To view the regulations, try the following search:

    Database: CFR

    Search Query: pr(transportation & air! & passenger & "enhanced protection")

    Documents Retrieved: 8

    The regulations give a maximum of 3 hours for passengers to be stuck on the tarmac before being allowed to deplane, but unfortunately for Virgin Atlantic passengers, this 3-hour limit does not apply to international flights by foreign carriers.]]>
    1207 2010-06-25 07:24:34 2010-06-25 12:24:34 open open stranded-on-the-tarmac publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this wp_jd_bitly wp_jd_target _topsy_cache_timestamp _topsy_long_url topsy_short_url 23478 http://twitter.com/westlawschool/status/17042512888 2010-06-25 20:43:12 2010-06-26 01:43:12 Stranded on the Tarmac…. http://bit.ly/awPruo via @WestRefAttorney #summerassociate]]> 1 trackback 0 0 23479 http://twitter.com/westrefattorney/status/17009913540 2010-06-25 07:28:37 2010-06-25 12:28:37 New post: Stranded on the Tarmac.... http://bit.ly/csSn80]]> 1 trackback 0 0 23480 2010-06-25 12:28:37 2010-06-25 17:28:37 New post: Stranded on the Tarmac.... http://bit.ly/csSn80]]> 1 trackback 0 0
    International Law http://westreferenceatt.3fivelab.com/2010/07/international-law/ Mon, 12 Jul 2010 17:27:01 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=991 INTERNATIONAL/ WOLDWIDE MATERIALS. Click the MULTINATIONAL MATERIALS link to get a listing of multiple database folders broken down by types of materials or click the DATABASES LISTED ALPHABETICALLY BY COUNTRY OR REGION link to look up what databases we have for a specific country. The International Legal Materials database (ILM)  and American Society of International Law database (ASIL)  and International Law - Law Reviews, Texts & Bar Journals database (INT-TP) are helpful databases as well.  Westlaw also has an  International Law tab you can add to your screen under the Add A Tab link. ]]> 991 2010-07-12 12:27:01 2010-07-12 17:27:01 open open international-law publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23481 http://twitter.com/westrefattorney/status/18369841322 2010-07-12 17:27:01 2010-07-12 22:27:01 New post: International Law http://bit.ly/dCtWKP]]> 1 trackback 0 0 23482 http://twitter.com/westlawschool/status/18375692798 2010-07-12 19:08:23 2010-07-13 00:08:23 International Law http://bit.ly/baFaYk via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 Justin Bieber - What's in a name? http://westreferenceatt.3fivelab.com/2010/06/justin-bieber-whats-in-a-name/ Tue, 29 Jun 2010 06:04:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1133 Recently, a lawyer in Philadelphia has made the headlines for his famous name. Justin Bieber, a personal injury attorney, has received emails and Facebook messages from fans who mistook him for the Canadian, tween singing sensation, Justin Bieber One way Westlaw allows you to make sure you have the right person is with our Profiler databases. "U" can access them by clicking on the "Site Map" link. We have Profiler information for lawyers, judges, experts, and arbitrators. The template search is one of the benefits of our Profiler databases. It allows you to input a name if you are looking for someone specific or to search by area of law or expertise if you are not. Once you make your selection the database gives you all of the current professional information we have for them on Westlaw and also will link to other materials they may be involved in, like appellate briefs or cases. So the next time you’re searching for someone on Westlaw use one of the Profiler databases to ensure you find the right Justin Bieber!]]> 1133 2010-06-29 01:04:56 2010-06-29 06:04:56 open open justin-bieber-whats-in-a-name publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23483 http://twitter.com/westrefattorney/status/17341692883 2010-06-29 15:38:58 2010-06-29 20:38:58 New post: Justin Bieber - What's in a name? http://bit.ly/dj35si]]> 1 trackback 0 0 23484 http://twitter.com/westlawschool/status/17435332981 2010-06-30 19:06:31 2010-07-01 00:06:31 Justin Bieber – What’s in a name? http://bit.ly/bPnPop via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23485 Engelhaupt40@webhoster.com http://www.yahoo.com 94.63.152.26 2011-07-14 12:21:30 2011-07-14 17:21:30 0 0 0 BP headed for class action suits? http://westreferenceatt.3fivelab.com/2010/06/bp-headed-for-class-action-suits/ Fri, 25 Jun 2010 16:53:05 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1198 As the oil continues to gush at several thousand barrels a day into the Gulf of Mexico, bloggers and the media alike continue to speculate about potential class action litigation.  British media broke a news story about shareholder derivative class action filed against BP. US  media also broke news about the possibility of class actions being filed.  Bloggers actively speculate about the likelihood and possibility of class actions. Summer associates have no need to speculate about whether class action litigation has been filed or not.  FED-FILING-ALL contains federal filings, including class action complaints filed with the federal courts.  A recent search in FED-FILING-ALL

    (class /2 action & da(2010) ) & TI(british /2 petroleum)

    reveals two class actions have been filed in Federal court against BP. Also, try a docket search:

    Database: dock-all

    Query: DEF(B.P. "BRITISH PETROLEUM") & PLA("SIMILARLY SITUATED" "ON BEHALF OF" "CLASS ACTIOIN") & FLD(2010) & OIL-POLLUTION (33 +2 U.S.C.! +2 2701)

    Note: 33 USCA 2701 is the Oil Pollution Act and is referenced in the relevant dockets.

    ]]>
    1198 2010-06-25 11:53:05 2010-06-25 16:53:05 open open bp-headed-for-class-action-suits publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23486 http://twitter.com/westrefattorney/status/17028554928 2010-06-25 16:53:23 2010-06-25 21:53:23 New post: BP headed for class action suits? http://bit.ly/ayWe0P]]> 1 trackback 0 0
    Summer Associates: It’s About Standing Out http://westreferenceatt.3fivelab.com/2010/06/summer-associates-its-about-standing-out/ Wed, 30 Jun 2010 13:18:01 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1200 As a Summer Associate you’re working with (and competing against) a group of peers that’s more or less as smart, ambitious and hard-working as you—that’s why they’re down the hall from you.  This is no great revelation, but as with so many other situations one needs to cultivate something to help stand out from the herd.  You might be the Associate that writes the most erudite or unassailable memo, you might have life or work experience that gives you an edge over others in a certain practice group, or you might simply be more charismatic than the other grinds.  A lot of times, what can make you a bright light is to be the person who knows about useful trends, tools, intelligence, etc. first.  What’s new in the legal research world?  In case you haven’t heard, there’s an all-new-revolutionary-completely-redesigned-really-great new Westlaw platform called WestlawNext.  Now you’ve heard.  But to be even more on the cutting edge, there’s a link in the upper right-hand part of the page appropriately labeled “Next.”  There you’ll be clued in to recent changes and improvements and changes scheduled for release in the near future.  Here’s one you could’ve found out about, below.  Imagine sitting in a meeting and finding a document that the partner is talking about—right there from your Blackberry or iPhone, when no one else knew you could do this.  Then maybe you could help the partner install the golf course yardage app to her device.  Now that would really make you stand out.

    ]]>
    1200 2010-06-30 08:18:01 2010-06-30 13:18:01 open open summer-associates-its-about-standing-out publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23487 http://twitter.com/westrefattorney/status/17413294071 2010-06-30 13:18:02 2010-06-30 18:18:02 New post: Summer Associates: It’s About Standing Out http://bit.ly/93qzCh]]> 1 trackback 0 0
    Can't believe they affirmed this conviction... http://westreferenceatt.3fivelab.com/2010/06/cant-believe-they-affirmed-this-conviction/ Mon, 28 Jun 2010 20:48:22 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1221 The Wisconsin Court of Appeals recently affirmed the defendant’s first degree homicide conviction in the case of State v. Zurkowski.  Mr. Zurkowski was convicted after a five day jury trial of the murder of his wife, June. The facts of the case are tragic and incredibly bizarre.  Suspicion first turned to Mr. Zurkowski when he called a local funeral home, indicated that his wife had died of an apparent heart attack, and requested  they “come and pick her body up.” Employees of the funeral home contacted local law enforcement officials, who proceeded to the residence.  The defendant first told them that his wife hit him first, that he acted in self defense, and that he wasn’t going to jail.  He later asserted that  the manner of her death was not any of their business.  The defendant admitted striking his wife a number of  times, kicking her while she lay on the floor, and shoving a ceramic dish down her throat “to make her shut up.”  However, he insisted he acted in self defense after she came running down the hall with a paring knife because he put the vacuum cleaner into a closet, rather than fixing it as she had requested.  He did not sustain any injuries in the altercation.  Not surprisingly, the Court of Appeals made short work of Mr. Zurkowski’s argument that there was insufficient evidence to establish the intent element necessary to sustain a conviction for first degree homicide.  Similarly, the Court quickly disposed of both his perfect and imperfect self defense arguments.  This case can be located on Westlaw by doing a find to 2010 WL 2486672, or by running either ti(State & Zurkowski) or “ceramic dish” in the Wisconsin cases data base.  Numerous secondary sources regarding the use and applicability of self defense can be found by running ti(self-defense) in TP-All.]]> 1221 2010-06-28 15:48:22 2010-06-28 20:48:22 open open cant-believe-they-affirmed-this-conviction publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target _topsy_cache_timestamp 23488 http://twitter.com/westrefattorney/status/17278995057 2010-06-28 20:48:22 2010-06-29 01:48:22 New post: Can't believe they affirmed this conviction... http://bit.ly/ae79ha]]> 1 trackback 0 0 23489 http://twitter.com/westlawschool/status/17279841699 2010-06-28 21:03:46 2010-06-29 02:03:46 Can’t believe they affirmed this conviction… http://bit.ly/cehhyF via @WestRefAttorney]]> 1 trackback 0 0 23490 tedd.cheney@thomson.com 163.231.6.87 2010-06-29 11:38:42 2010-06-29 16:38:42 1 0 0 23491 foto@piotrduda.pl http://www.facebook.com/profile.php?id=100003407122819 203.228.244.170 2012-12-11 17:39:54 2012-12-11 23:39:54 0 0 0 New Oil Spill Tab http://westreferenceatt.3fivelab.com/2010/06/new-oil-spill-tab/ Mon, 28 Jun 2010 19:33:15 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1223 We have had a lot of calls and provided several posts on researching issues related to the Oil Spill.  Westlaw has a new Oil Spill tab to assist you with  your research regarding the Oil Spill tragedy in the Gulf.  The tab has links to court documents, legal analysis and many other documents. Click Add A Tab link at upper right of Westlaw.com screen.  Click Add Westlaw Tab.   Scroll down to the Topical area and place a check mark in the box to the left of Oil Spill.  Click Add to My TabSet at bottom of screen. ]]> 1223 2010-06-28 14:33:15 2010-06-28 19:33:15 open open new-oil-spill-tab publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23492 http://twitter.com/westrefattorney/status/17274441748 2010-06-28 19:33:15 2010-06-29 00:33:15 New post: New Oil Spill Tab http://bit.ly/aEU0lG]]> 1 trackback 0 0 23493 http://twitter.com/legalcurrent/status/17337384493 2010-06-29 14:40:03 2010-06-29 19:40:03 RT @WestRefAttorney New post: New Oil Spill Tab http://bit.ly/aEU0lG]]> 1 trackback 0 0 23494 http://www.westlawinsider.com/2010/07/west-reference-attorneys-are-bloggers-too/ 96.30.32.30 2010-09-30 12:37:02 2010-09-30 17:37:02 0 pingback 0 0 Killing the Internet http://westreferenceatt.3fivelab.com/2010/06/killing-the-internet/ Tue, 29 Jun 2010 20:16:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1239 Internet Kill switch? No, it isn’t the cousin of the Top Kill or a sibling of Dr. Strangelove’s Doomsday Device. It’s a proposed law working its way through Congress right now.  The skinny?  It would give the President "emergency authority to shut down private sector or government networks in the event of a cyber attack capable of causing massive damage or loss of life.” Apparently, an initial draft of the bill provided the President with authority to indefinitely keep those "networks"  under Federal control.  An amendment reduced indefinite to “120 days” with additional days approved by Congress. You can access the bill by searching for its title - Protecting Cyberspace as a National Asset Act – in CONG-BILLTXT. Were the Luddites really on to something?]]> 1239 2010-06-29 15:16:13 2010-06-29 20:16:13 open open killing-the-internet publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23495 http://twitter.com/westrefattorney/status/17360264994 2010-06-29 20:16:36 2010-06-30 01:16:36 New post: Killing the Internet http://bit.ly/dmvuHy]]> 1 trackback 0 0 23496 http://twitter.com/westlawschool/status/17361379732 2010-06-29 20:39:37 2010-06-30 01:39:37 Killing the Internet http://bit.ly/938lTK via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23497 http://www.westlawinsider.com/2010/07/west-reference-attorneys-are-bloggers-too/ 96.30.32.30 2010-07-09 21:53:06 2010-07-10 02:53:06 1 pingback 0 0 Supreme Court Incorporates 2nd Amendment against the States http://westreferenceatt.3fivelab.com/2010/07/supreme-court-incorporates-2nd-amendment-against-the-states/ Thu, 01 Jul 2010 14:32:41 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1303 The Supreme Court on Monday, June 29th 2010 in McDonald v. City of Chicago, Ill., --- S.Ct. ----, 2010 WL 2555188 determined that the recently recognized 2nd Amendment individual right to own firearms would be incorporated against the states under the 14th Amendment. This individual right to own firearms was very recently recognized by the Supreme Court in 2008 in District of Columbia v. Heller, 128 S.Ct. 2783.  Heller has been criticized in some circles for not laying out a test regarding this right, the Supreme Court did not indicate whether it was strict or intermediate scrutiny for example, and in McDonald the court refrained from deciding a test once again.  McDonald is a quite straight forward decision, and the majority opinion at least is concerned almost exclusively with whether the 2nd Amendment is incorporated to the states under the 14th Amendment.  The Supreme Court held that it would be incorporated against the states, and reversed and remanded the Court of Appeals decision that Chicago and Oak Parks gun control ordinances were constitutional. Given that the court declined once again to delineate a test, yet extended the newly recognized 2ndAmendment individual rights  to the states, now might be a good time to set up a Keycite Alert on Heller, 128 S.Ct. 2783.  If you set up a Keycite Alert, you will get any new decision that cites to Heller emailed to you.  Since state laws and regulations are now subject to a 2nd Amendment challenge without any very meaningful guidance, there should be some interesting new arguments on the horizon challenging state firearms laws. Additionally, West has a fantastic treatise on Westlaw dealing with all firearms issues, the Firearms Law Deskbook (FALDB), this is a peerless resource for practically any legal issue regarding a firearm.  Although it is not current enough of course to have this decision within it, it does have an extensive write-up on Heller to get you up to speed if this is a new area of interest, or if you just need a refresher.]]> 1303 2010-07-01 09:32:41 2010-07-01 14:32:41 open open supreme-court-incorporates-2nd-amendment-against-the-states publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url wp_jd_target wp_jd_bitly topsy_short_url _topsy_long_url jd_tweet_this _topsy_cache_timestamp 23498 http://twitter.com/westrefattorney/status/17496296858 2010-07-01 14:32:42 2010-07-01 19:32:42 New post: Supreme Court Incorporates 2nd Amendment against the States http://bit.ly/dl5Iav]]> 1 trackback 0 0 23499 http://twitter.com/westlawschool/status/17508191369 2010-07-01 17:26:37 2010-07-01 22:26:37 Supreme Court Incorporates 2nd Amendment against the States http://bit.ly/aWmmRg via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23500 http://www.westlawinsider.com/2010/07/west-reference-attorneys-are-bloggers-too/ 96.30.32.30 2010-07-05 09:05:21 2010-07-05 14:05:21 1 pingback 0 0 23501 guavatree888@google.com http://www.kitchentowelsset.com 121.96.214.70 2010-10-11 21:32:20 2010-10-12 02:32:20 0 0 0 23502 Bronzo@yahoo.com http:///www.sextoyscientist.com 210.4.61.19 2011-01-25 09:45:58 2011-01-25 15:45:58 0 0 0 Alchemy and West Headnote of the Day http://westreferenceatt.3fivelab.com/2010/07/alchemy-and-west-headnote-of-the-day/ Mon, 05 Jul 2010 20:30:51 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1310 end as poorly as it did for one Donald R. McClendon.   Mr. McClendon was employed upon a ship in dry dock when he sustained injuries to his lungs.  The injuries stemmed from inhalation of mercury vapors.  The mercury was not a byproduct of his job but rather his hobby, namely alchemy.  You see while on break Mr. McClendon felt compelled to use his free time to perform an experiment whereby he combined a potato, mercury and an oven in an ill conceived, and ultimately unsuccessful attempt to transmute the concoction into gold.   Although the ship was in dry-docking at the time, Mr. McClendon attempted to recover under the Jones act.  His Jones act claim was perhaps unsurprisingly as unsuccessful as his alchemical experiment.  The decision linked and described above was found through West’s Headnote of the Day.  West's Headnote of the Day is a daily email you can sign up for (it is free), and each day you will get a headnote from a case that is always interesting and sometimes hilarious.  You can sign up for the Headnote of the Day here.]]> 1310 2010-07-05 15:30:51 2010-07-05 20:30:51 open open alchemy-and-west-headnote-of-the-day publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url jd_tweet_this _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target _topsy_cache_timestamp 23503 http://twitter.com/westrefattorney/status/17815298982 2010-07-05 20:30:52 2010-07-06 01:30:52 New post: Alchemy and West Headnote of the Day http://bit.ly/cdZ0Ni]]> 1 trackback 0 0 23504 http://twitter.com/westlawschool/status/17893240423 2010-07-06 20:13:43 2010-07-07 01:13:43 Alchemy and West Headnote of the Day http://bit.ly/doipZI via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 Elena Kagan Testimony http://westreferenceatt.3fivelab.com/2010/07/elena-kagen-testimony/ Thu, 01 Jul 2010 16:30:15 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1341 6/30/2010 - 2010 WL 2600871 (F.D.C.H.) ]]> 1341 2010-07-01 11:30:15 2010-07-01 16:30:15 open open elena-kagen-testimony publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23505 http://twitter.com/westrefattorney/status/17504351337 2010-07-01 16:30:16 2010-07-01 21:30:16 New post: Elena Kagen Testimony http://bit.ly/9jHaqO]]> 1 trackback 0 0 23506 http://twitter.com/learnwestlaw/status/17588848844 2010-07-02 17:55:07 2010-07-02 22:55:07 RT @WestRefAttorney: New post: Elena Kagen Testimony http://bit.ly/9jHaqO]]> 1 trackback 0 0 23507 http://twitter.com/westlaw/status/17588846907 2010-07-02 12:55:05 2010-07-02 17:55:05 RT @WestRefAttorney: New post: Elena Kagen Testimony http://bit.ly/9jHaqO]]> 1 trackback 0 0 23508 http://twitter.com/westrefattorney/status/17815722052 2010-07-05 20:39:14 2010-07-06 01:39:14 Post Edited: Elena Kagan Testimony http://bit.ly/9jHaqO]]> 1 trackback 0 0 23509 http://twitter.com/westlawschool/status/17975653365 2010-07-07 19:57:10 2010-07-08 00:57:10 Elena Kagan Testimony http://bit.ly/d08W0C via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23510 http://www.westlawinsider.com/2010/07/west-reference-attorneys-are-bloggers-too/ 96.30.32.30 2010-07-09 21:55:48 2010-07-10 02:55:48 1 pingback 0 0 23511 http://twitter.com/learnwestlaw/status/17869136075 2010-07-02 17:55:07 2010-07-02 22:55:07 RT @WestRefAttorney: New post: Elena Kagen Testimony http://bit.ly/9jHaqO]]> 1 trackback 0 0 YouTube not Liable for Copyright Infringement http://westreferenceatt.3fivelab.com/2010/07/youtube-not-liable-for-copyright-infringment/ Tue, 06 Jul 2010 13:15:19 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1358 Viacom brought suit against YouTube claiming that “tens of thousands of videos on YouTube, resulting in hundreds of millions of views, were taken unlawfully from Viacom's copyrighted works without authorization” and that YouTube “had actual knowledge and [was] aware of facts or circumstances from which infringing activity was apparent, but failed to do anything about it.” Viacom Intern. Inc. v. YouTube, Inc., 2010 WL 2532404, 3 (S.D.N.Y. 2010). The court explored the legislative history of the Digital Millennium Copyright Act (DMCA) and found for YouTube.
    To let knowledge of a generalized practice of infringement in the industry, or of a proclivity of users to post infringing materials, impose responsibility on service providers to discover which of their users' postings infringe a copyright would contravene the structure and operation of the DMCA.
    Id. at 8. See the case on Westlaw: 2010 WL 2532404 On WestlawNext: 2010 WL 2532404
    http://www.youtube.com/
    ]]>
    1358 2010-07-06 08:15:19 2010-07-06 13:15:19 open open youtube-not-liable-for-copyright-infringment publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23512 http://twitter.com/westrefattorney/status/17866376739 2010-07-06 13:15:28 2010-07-06 18:15:28 New post: YouTube not Liable for Copyright Infringement http://bit.ly/9FiBPk]]> 1 trackback 0 0 23513 http://twitter.com/legalcurrent/status/17873114267 2010-07-06 15:00:18 2010-07-06 20:00:18 RT @WestRefAttorney: New post: YouTube not Liable for Copyright Infringement http://bit.ly/9FiBPk]]> 1 trackback 0 0 23514 http://twitter.com/westlawschool/status/17885785628 2010-07-06 18:14:36 2010-07-06 23:14:36 YouTube not Liable for Copyright Infringement http://bit.ly/9qbIWS via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23515 http://twitter.com/legaleaglemhm/status/17891469278 2010-07-06 19:46:18 2010-07-07 00:46:18 RT @Westlaw: RT @WestRefAttorney: New post: YouTube not Liable for Copyright Infringement http://bit.ly/9FiBPk]]> 1 trackback 0 0 23516 http://twitter.com/westlaw/status/17891402518 2010-07-06 14:45:04 2010-07-06 19:45:04 RT @WestRefAttorney: New post: YouTube not Liable for Copyright Infringement http://bit.ly/9FiBPk]]> 1 trackback 0 0 23517 http://twitter.com/legaleaglettes/status/17891927131 2010-07-06 19:54:53 2010-07-07 00:54:53 RT @legaleagleMHM: RT @Westlaw: RT @WestRefAttorney: New post: YouTube not Liable for Copyright Infringement http://bit.ly/9FiBPk]]> 1 trackback 0 0 23518 http://twitter.com/az_family_law/status/17891754327 2010-07-06 14:51:39 2010-07-06 19:51:39 RT @legaleagleMHM: RT @Westlaw: RT @WestRefAttorney: New post: YouTube not Liable for Copyright Infringement http://bit.ly/9FiBPk]]> 1 trackback 0 0
    Russian Spy Ring http://westreferenceatt.3fivelab.com/2010/07/russian-spy-ring/ Thu, 08 Jul 2010 19:38:51 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1362 2010 WL 2561518. To access various dockets connected to this case, access DOCK-FED-ALL and type in the following search:    PTN((ANNA /2 CHAPMAN) (DONALD /2 HEATHFIELD) (CHRISTOPHER /2 METSOS) (MICHAEL /2 ZOTTOLI) (PATRICIA /2 MILLS) (MIKHAIL SERENKO)) & DA(6/2010) & KNOS(CRIM!)  Click the TRACK THIS DOCKET link on the upper left of the dockets to be notified when updates are made to the dockets. ]]> 1362 2010-07-08 14:38:51 2010-07-08 19:38:51 open open russian-spy-ring publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23519 http://twitter.com/westrefattorney/status/18058154310 2010-07-08 19:38:52 2010-07-09 00:38:52 New post: Russian Spy Ring http://bit.ly/9lqj2F]]> 1 trackback 0 0 What’s the deal with the Wisconsin Supreme Court? http://westreferenceatt.3fivelab.com/2010/07/whats-the-deal-with-the-wisconsin-supreme-court/ Tue, 06 Jul 2010 18:05:34 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1367 Wisconsin Supreme Court, in an odd fashion, issued two separate opinions for the judicial disciplinary proceeding of their fellow justice, The Honorable Michael J. Gableman. It was alleged that Justice Gableman violated judicial ethics by running a campaign ad that knowingly misrepresented his opponent, Louis Butler. The court split 3-3 (Justice Gableman recused himself). Because both sides lacked a four-judge majority, no action will be taken against Gableman. However, it may be awkward around the water cooler at the Wisconsin Supreme Court. You can read both opinions on Westlaw at 2010 WL 2616960 and 2010 WL 2616715. What’s your take on the situation? ]]> 1367 2010-07-06 13:05:34 2010-07-06 18:05:34 open open whats-the-deal-with-the-wisconsin-supreme-court publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23520 http://twitter.com/westrefattorney/status/17885259493 2010-07-06 18:05:34 2010-07-06 23:05:34 New post: What’s the deal with the Wisconsin Supreme Court? http://bit.ly/9Tv9Dg]]> 1 trackback 0 0 Using "Limit KeyCite Display" http://westreferenceatt.3fivelab.com/2010/07/using-limit-keycite-display/ Tue, 13 Jul 2010 20:02:17 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1370 29 USCA § 2615). Currently, there are over ten thousand citing references for this statute. However, after clicking “Limit KeyCite Display,” you can first limit the list to just cases. Then, you can click “Jurisdiction” on the left to limit it further. The “Jurisdiction” page lists the federal cases on the left, and the state cases on the left. From this list, we can tell that there are 53 U.S. District Court cases from Florida and just 1 state court case citing to this statute. By checking those two options and clicking “apply,” we’ve gone from over 10,000 to just 54 Citing References. ]]> 1370 2010-07-13 15:02:17 2010-07-13 20:02:17 open open using-limit-keycite-display publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23521 http://twitter.com/westrefattorney/status/18463234421 2010-07-13 20:13:20 2010-07-14 01:13:20 New post: Using "Limit KeyCite Display" http://bit.ly/9tIrct]]> 1 trackback 0 0 23522 http://twitter.com/westlawschool/status/18465348146 2010-07-13 20:50:53 2010-07-14 01:50:53 Using “Limit KeyCite Display” http://bit.ly/9JXKdg via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 History comes to life this 4th of July! http://westreferenceatt.3fivelab.com/2010/07/history-comes-to-life-this-4th-of-july/ Tue, 06 Jul 2010 18:16:30 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1374 Committee of Five who were responsible for drafting the United States Declaration of Independence?  While most people know about Thomas Jefferson’s role, the other members of the Committee were John Adams, Benjamin Franklin, Robert Livingston of New York and Roger Sherman of Connecticut. On Friday, July 2, 2010, the Library of Congress announced that it used a modern version of a type of hyperspectral imaging technology that compiles a series of images to highlight layers of a document to review the original Declaration of Independence.  Why?  Because historical scholars have long been interested in a smudge that appears on a draft version of the  Declaration of Independence.  So methodical and careful was Jefferson is writing this draft of the Declaration, he wanted to make sure his earlier drafted word was not decipherable to readers when he wrote over it. Jefferson, it seems, initially referred to the people in the thirteen British colonies as “subjects.”   After some thought, the word “citizen” was carefully crafted by Jefferson who sought to match the lines and curves of the underlying smudged letters with the new letters he wrote on top of them. It took research scientist Fenella France weeks to pull out each letter until the full word became apparent. "It's quite amazing how he morphed 'subjects' into 'citizens,' " she said. "We did the reverse morphing back to 'subjects.' " You can find a copy of the Declaration of Independence on Westlaw in the USCA database with the search ci(“declaration of independence”).
    http://en.wikipedia.org/wiki/Hyperspectral_imaging
    ]]>
    1374 2010-07-06 13:16:30 2010-07-06 18:16:30 open open history-comes-to-life-this-4th-of-july publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23523 http://twitter.com/westrefattorney/status/17885914577 2010-07-06 18:16:46 2010-07-06 23:16:46 New post: History comes to life this 4th of July! http://bit.ly/cd1Mgr]]> 1 trackback 0 0 23524 http://twitter.com/westlawschool/status/18054263500 2010-07-08 18:29:17 2010-07-08 23:29:17 History comes to life this 4th of July! http://bit.ly/cSsLsQ via @WestRefAttorney]]> 1 trackback 0 0
    Old Stuff http://westreferenceatt.3fivelab.com/2010/07/old-stuff/ Sun, 11 Jul 2010 17:18:20 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1407 th birthday got me thinking: does Westlaw have the Declaration of Independence?  I assumed the answer was “yes,” but I wasn’t completely sure where to look. My first instinct was to check the United States Statutes at Large (US-STATLRG) database, which includes all laws enacted by Congress from the 1st Congress in 1789 to the 92nd Congress in 1972 (laws enacted after 1972 are contained in the US-PL and US-PL-OLD databases).  The Declaration is obviously older than 1789 and isn’t a law enacted by Congress, but I thought it might be in there somewhere.  And it is--a search in US-STATLRG for "declaration of independence" returns 25 documents, the first of which is the Declaration itself. I then decided to see if any other database on Westlaw contained the Declaration.  I typed “declaration of independence” into the “Search for a database” box and found something interesting.  Legislative History – 1776 (LH-1776) is a database that contains not only the Declaration of Independence, but also other documents relating to the founding of the U.S., such as the Articles of Confederation and the Federalist Papers. So if you’re ever looking for the Declaration of Independence or other “old stuff,” the aforementioned databases are a good place to start. ]]> 1407 2010-07-11 12:18:20 2010-07-11 17:18:20 open open old-stuff publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23525 http://twitter.com/westrefattorney/status/18285421428 2010-07-11 17:18:21 2010-07-11 22:18:21 New post: Old Stuff http://bit.ly/d7V1ga]]> 1 trackback 0 0 23526 http://twitter.com/westlawschool/status/18459392309 2010-07-13 19:07:10 2010-07-14 00:07:10 Old Stuff http://bit.ly/9S78kI via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 Hot Car Deaths – Should Parents be Criminally Convicted? http://westreferenceatt.3fivelab.com/2010/07/hot-car-deaths-should-parents-be-criminally-convicted/ Mon, 12 Jul 2010 07:29:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1415 th of July has come and gone and now summer has truly arrived.  Triple digit temperatures are causing heat advisories in various parts of the country.  It does not take long for children and the elderly to become dehydrated.  It might seem obvious, but do not leave children in hot cars.  Hot Car deaths can lead not only to charges of parental abuse and neglect, but ultimately criminal charges as well. In the WestlawNext Search box, type in:   HOT CAR DEATHS.  See the secondary source listed in the Overview screen -  CRIME AND PARENTHOOD: THE UNEASY CASE FOR PROSECUTING NEGLIGENT PARENTS, 100 Nw. U. L. Rev. 807. If you do not have access to WestlawNext, go to the Find Document by Citation box on Westlaw.com and type in: 100 Nw. U. L. Rev. 807 and click GO. This article is very interesting and includes the following  table:
    *825 Table: Hyperthermia Incidents in the Criminal Justice System (1998-2003)
    Identity of Defendant Number of Incidents Incidents Prosecuted82 Defendant Convicted Jail Sentence Imposed
    Mother 46 26/43 (60.5%) 23/25 (92%) 15/22 (68.2%)
    Father 28 11/25 (44%) 10/11 (90.9%) 5/9 (55.5%)
    Both Parents 14 6/12 (50%) 5/6 (83.3%) 1/4 (25%)
    Other Relative 14 6/10 (60%) 5/6 (83.3%) 1/5 (20%)
    Unrelated Party 28 24/27 (88.8%) 20/22 (90.9%) 12/20 (60%)
    The conventional wisdom about parental negligence cases supposes that parents are usually not charged with a criminal offense and in the unlikely event they are charged, are rarely convicted.83 This perception clearly is inaccurate, especially with regard to mothers.84
    ]]>
    1415 2010-07-12 02:29:13 2010-07-12 07:29:13 open open hot-car-deaths-should-parents-be-criminally-convicted publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23527 http://twitter.com/westrefattorney/status/18370002468 2010-07-12 17:29:43 2010-07-12 22:29:43 New post: Hot Car Deaths – Should Parents be Criminally Convicted? http://bit.ly/cEjEP6]]> 1 trackback 0 0 23528 http://twitter.com/westlawschool/status/18372592405 2010-07-12 18:13:13 2010-07-12 23:13:13 Hot Car Deaths – Should Parents be Criminally Convicted? http://bit.ly/cncnx6 via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0
    United State Files Suit against Arizona http://westreferenceatt.3fivelab.com/2010/07/united-state-files-suit-against-arizona/ Thu, 08 Jul 2010 19:39:17 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1417 filed an action against the State of Arizona, seeking a declaratory judgment stating that Sections 1-6 of Arizona’s S.B. 1070 are “invalid, null and void”, as well as an order enjoining the State or its officers, agents or employees from enforcing Sections 1-6 of S.B. 1070. Senate Bill 1070 is, of course, Arizona’s controversial immigration  bill.  As anticipated, the primary claim is the bill’s alleged violation of the Supremacy Clause, based on the argument that the the federal government has preeminent authority to regulate immigration. The complaint is available on Westlaw, and can be located by doing a find to 2010 WL 2653363. ]]> 1417 2010-07-08 14:39:17 2010-07-08 19:39:17 open open united-state-files-suit-against-arizona publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23529 http://twitter.com/westrefattorney/status/18058178132 2010-07-08 19:39:18 2010-07-09 00:39:18 New post: United State Files Suit against Arizona http://bit.ly/cAk4qP]]> 1 trackback 0 0 23530 http://twitter.com/westlawschool/status/18060643755 2010-07-08 20:24:16 2010-07-09 01:24:16 United State Files Suit against Arizona http://bit.ly/aMwuon via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23531 http://twitter.com/westlaw/status/18061897037 2010-07-08 20:48:26 2010-07-09 01:48:26 RT @WestRefAttorney: New post: United State Files Suit against Arizona http://bit.ly/cAk4qP]]> 1 trackback 0 0 23532 http://westreferenceattorneys.com/2010/10/mexico-files-amicus-brief-in-arizona-immigration-litigation/ 173.201.144.128 2010-10-19 14:08:09 2010-10-19 19:08:09 0 pingback 0 0 23533 http://www.westlawinsider.com/2010/10/mexico-files-amicus-brief-in-arizona-immigration-litigation/ 96.30.32.30 2010-10-20 14:49:17 2010-10-20 19:49:17 1 pingback 0 0 Monitoring Oil Spill Discussions in the Congressional Record http://westreferenceatt.3fivelab.com/2010/07/monitoring-oil-spill-discussions-in-the-congressional-record/ Tue, 13 Jul 2010 19:31:39 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1428 Database: CR

    Search Query: te(B.P. "british petroleum" (oil /4 spill! & gulf)) & DA(AFT 05/01/2010)

    After running the search, click “Add search to Westclip” at the top of the result list. You can set up a Westclip to get an email with new documents on a daily basis. The database name and search query should be set by default. You can name your search and set a Client ID if necessary. Click “edit” in the upper right corner next to “delivery settings” and click “properties” next to email so that you can make sure your email address is entered. ]]>
    1428 2010-07-13 14:31:39 2010-07-13 19:31:39 open open monitoring-oil-spill-discussions-in-the-congressional-record publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target _topsy_cache_timestamp 23534 http://twitter.com/westrefattorney/status/18460822661 2010-07-13 19:31:40 2010-07-14 00:31:40 New post: Monitoring Oil Spill Discussions in the Congressional Record http://bit.ly/9Iwubh]]> 1 trackback 0 0 23535 http://twitter.com/westlawschool/status/18532884253 2010-07-14 16:45:14 2010-07-14 21:45:14 Monitoring Oil Spill Discussions in the Congressional Record http://bit.ly/c8okUm via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0
    Restricting a Search to a Particular Court http://westreferenceatt.3fivelab.com/2010/07/restricting-a-search-to-a-particular-court/ Thu, 15 Jul 2010 11:21:25 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1469 Research Tips for Case Law", and will teach you how to create a court restrictor for almost any particular court. We have hundreds of User Guides, all of which can be downloaded for free, and sometimes you can get a free copy shipped to you as well.  You can find those user guides here. One last note regarding court restrictors.  On WestlawNext they are entirely unnecessary!  When searching on WestlawNext you can limit your search to any court you would like simply by checking appropriate boxes.  If you are interested in learning more about WestlawNext, you can take a tour here. ]]> 1469 2010-07-15 06:21:25 2010-07-15 11:21:25 open open restricting-a-search-to-a-particular-court publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url wp_jd_target wp_jd_bitly jd_tweet_this _edit_last _topsy_cache_timestamp 23536 http://twitter.com/westrefattorney/status/18594679120 2010-07-15 11:22:50 2010-07-15 16:22:50 New post: Restricting a Search to a Particular Court http://bit.ly/d2v4F2]]> 1 trackback 0 0 23537 http://twitter.com/westlawschool/status/18617678230 2010-07-15 17:14:17 2010-07-15 22:14:17 Restricting a Search to a Particular Court http://bit.ly/cwCP6R via @WestRefAttorney #summerassociate #lawschool #lawstudent]]> 1 trackback 0 0 Dodd-Frank - Wall Street Reform and Consumer Protection Act http://westreferenceatt.3fivelab.com/2010/07/dodd-frank-wall-street-reform-and-consumer-protection-act/ Fri, 16 Jul 2010 12:02:45 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1456 Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act") (H.R. CONF. REP. 111-517).  The House approved the Act on June 30th and the Senate voted and passed it on July 15.   The bill is now on its way to President Obama who is expected to sign the legislation into law soon. The Dodd-Frank “Wall Street Reform and Consumer Protection Act of 2010 will reform the regulation of the financial industry and will protect consumers and investors. The Act is over 2000 pages long and the news databases are a great place to get the gist of the new impending law. For example, try the following search:

    Database: ALLNEWSPLUS Query: da(after 6/24/2010) & PR,CA,TI(FINAN! WALL-STREET /5 REFORM! REGULAT! STABILITY) & "WALL STREET REFORM AND CONSUMER PROTECTION ACT"

    The full text of the House Conference Committee Report at 2010 WL 2671804: H.R. CONF. REP. 111-517

    Update: On July 21, 2010, President Obama signed the new legislation into law. Enrolled version can be found at:  2009 CONG US HR 4173 ]]>
    1456 2010-07-16 07:02:45 2010-07-16 12:02:45 open open dodd-frank-wall-street-reform-and-consumer-protection-act publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url wp_jd_target _topsy_long_url topsy_short_url wp_jd_bitly jd_tweet_this _topsy_cache_timestamp 23538 http://twitter.com/westrefattorney/status/18680226937 2010-07-16 12:06:27 2010-07-16 17:06:27 New post: Dodd-Frank - Wall Street Reform and Consumer Protection Act http://bit.ly/92R4yY]]> 1 trackback 0 0 23539 http://twitter.com/westlawschool/status/18694305823 2010-07-16 15:28:17 2010-07-16 20:28:17 Dodd-Frank – Wall Street Reform and Consumer Protection Act http://bit.ly/b5BMZ4 via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23540 http://twitter.com/westrefattorney/status/19086070530 2010-07-21 15:47:46 2010-07-21 20:47:46 Post Edited: Dodd-Frank - Wall Street Reform and Consumer Protection Act http://bit.ly/92R4yY]]> 1 trackback 0 0
    The Burden of Proving Innocence http://westreferenceatt.3fivelab.com/2010/07/the-burden-of-proving-innocence/ Fri, 16 Jul 2010 20:03:45 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1463 Wall Street Journal Law Blog has noted an interesting case pending in the Federal District Court for the Southern District of Georgia. Troy Anthony Davis was convicted of, and sentenced to death for, the 1989 murder of a police officer in Savannah, Georgia.  He filed a petition for a writ of habeas corpus with the United States Supreme Court last year, claiming that new evidence would establish his innocence.  The Supreme Court, in an opinion available here on Westlaw, transferred the case to the Southern District of Georgia for a hearing to determine whether the new evidence “clearly establishes” Mr. Davis’s innocence. An interesting question arose during the District Court proceedings: what exactly is the burden that Mr. Davis must meet in “clearly establishing” his innocence?  The District Judge requested briefing on that question and four others, and the parties filed their briefs on July 7.  To view those briefs, access the docket for the case on Westlaw (try a search for PTN(TROY /2 DAVIS) & FLD(2009) in the DOCK-GA-SDCT database), and click the appropriate PDF links for the briefs. ]]> 1463 2010-07-16 15:03:45 2010-07-16 20:03:45 open open the-burden-of-proving-innocence publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url wp_jd_target wp_jd_bitly jd_tweet_this _topsy_cache_timestamp 23541 http://twitter.com/westlawschool/status/18712480401 2010-07-16 20:06:25 2010-07-17 01:06:25 The Burden of Proving Innocence http://bit.ly/a3No6a via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23542 http://twitter.com/westrefattorney/status/18712353959 2010-07-16 15:04:09 2010-07-16 20:04:09 New post: The Burden of Proving Innocence http://bit.ly/aHfQz5]]> 1 trackback 0 0 Term Frequency and Headnotes http://westreferenceatt.3fivelab.com/2010/07/term-frequency-and-headnotes/ Mon, 19 Jul 2010 14:56:49 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1508 “I’m looking for a particular phrase and my search returned a lot of cases, but they’re only mentioning the term in passing instead of discussing it.  What can I do?” I'm getting this question a lot and I have two solutions that usually solve the problem. First I use term frequency to make sure the case is mentioning your term more than once.  Under the Search Westlaw button is a link for Term Frequency in many databases.  Clicking on term frequency gives you the option to require your terms and decide how often they must appear in the document.  By forcing your terms to appear multiple times you’re more likely to get cases discussing them in detail. The other option is to require your term in the headnotes of the case.  This too means you’re likely to get cases that discuss your terms more thoroughly.  For example, if you’re searching for breach of contract, enter HE(breach! /2 contract).  Then, add additional terms;  HE(breach! /2 contract) & “unclean hands” will search for any case with breach of contract in the headnotes and unclean hands anywhere in the case. *Editors note available in the comments ]]> 1508 2010-07-19 09:56:49 2010-07-19 14:56:49 open open term-frequency-and-headnotes publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url wp_jd_target wp_jd_bitly topsy_short_url _topsy_long_url _topsy_cache_timestamp jd_tweet_this 23543 gregory.gerik@thomsonreuters.com 163.231.6.89 2010-07-19 09:58:38 2010-07-19 14:58:38 1 0 0 23544 http://twitter.com/westrefattorney/status/18921783263 2010-07-19 14:56:50 2010-07-19 19:56:50 New post: Term Frequency and Headnotes http://bit.ly/aI0DqD]]> 1 trackback 0 0 23545 http://twitter.com/westlawschool/status/18926145647 2010-07-19 15:59:23 2010-07-19 20:59:23 Term Frequency and Headnotes http://bit.ly/c5Y4sn via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23546 http://twitter.com/legalcurrent/status/18941015982 2010-07-19 20:15:06 2010-07-20 01:15:06 RT @WestRefAttorney: New post: Term Frequency and Headnotes http://bit.ly/aI0DqD]]> 1 trackback 0 0 23547 jovillanueva4516@gmx.com http://www.mlaw.ws 5.34.247.137 2013-04-09 23:08:35 2013-04-10 04:08:35 0 0 0 The Other Big Financial News Item – Goldman Sachs http://westreferenceatt.3fivelab.com/2010/07/the-other-big-financial-news-item-goldman-sachs/ Fri, 16 Jul 2010 18:43:18 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1518 Reuters News.  Here are the documents most often requested concerning the lawsuit filed by the SEC: Docket - 1:10CV03229 Complaint:  2010 WL 1508202 S.E.C. Release:  Litigation Release No. 21489 ]]> 1518 2010-07-16 13:43:18 2010-07-16 18:43:18 open open the-other-big-financial-news-item-goldman-sachs publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url topsy_short_url wp_jd_bitly jd_tweet_this _topsy_long_url wp_jd_target _topsy_cache_timestamp 23548 http://twitter.com/westrefattorney/status/18707706189 2010-07-16 18:43:19 2010-07-16 23:43:19 New post: The Other Big Financial News Item – Goldman Sachs http://bit.ly/aLQfnK]]> 1 trackback 0 0 23549 http://twitter.com/westlawschool/status/18938314571 2010-07-19 19:23:02 2010-07-20 00:23:02 The Other Big Financial News Item – Goldman Sachs http://bit.ly/9VHff7 via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 Health Insurance under parents plan extended to 26 years of age regardless of student status http://westreferenceatt.3fivelab.com/2010/07/health-insurance-under-parents-plan-extended-to-26-years-of-age-regardless-of-student-status/ Tue, 20 Jul 2010 15:58:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1542 P.L. 111-148)  passed in to law March 23, 2010, health insurance coverage under  a parent’s insurance plan is extended to children up to 26 years of age.  Key language includes:
    “a plan or issuer may not deny or restrict coverage for a child who has not attained age 26 based on the presence or absence of the child's financial dependency (upon the participant or any other person), residency with the participant or with any other person, student status, employment, or any combination of those factors.”
    To view the new regulations, in the Find Document by Citation box, type in:   26 C.F.R. § 54.9815-2714T and click GO. *Editors note available in the comments ]]>
    1542 2010-07-20 10:58:13 2010-07-20 15:58:13 open open health-insurance-under-parents-plan-extended-to-26-years-of-age-regardless-of-student-status publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _topsy_cache_timestamp _edit_last jd_tweet_this wp_jd_target _topsy_long_url topsy_short_url wp_jd_bitly 23550 2010-07-20 19:20:12 2010-07-21 00:20:12 Health Insurance under parents plan extended to 26 years of age http://bit.ly/a71m1k via @WestRefAttorney #lawschool]]> 1 trackback 0 0 23551 crspvihbxe@gmail.com http://testdomain.com 84.40.111.206 2013-03-17 17:16:28 2013-03-17 22:16:28 0 0 0
    Death and Taxes http://westreferenceatt.3fivelab.com/2010/07/death-and-taxes/ Wed, 21 Jul 2010 16:26:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1545 death last week of New York Yankees owner George Steinbrenner were several noting that his heirs may save somewhere in the neighborhood of $500 million due to the 2010 absence of the federal estate tax. I am far from an expert tax attorney, but I remembered hearing something previously about a one-year repeal of the federal estate tax and decided to look for an explanation.  Researching tax issues can be quite difficult and intimidating.  There is a wealth of primary law to contend with, including the Internal Revenue Code, vast oceans of Treasury Regulations and IRS rulings, and of course a large body of case law. I began where I often suggest that callers begin their tax research: secondary sources. On Westlaw.com, Taxation - Law Reviews, Texts & Bar Journals (TX-TP) brings many tax-centric secondary sources together in one database.  A quick search in that database for TI("ESTATE TAX" & 2010) returns 11 documents, many of which are quite helpful in explaining the one-year repeal of the estate tax and its ramifications. Those of you using WestlawNext can access the Topics tab on the home page, click “Tax,” then “All Tax Secondary Sources.”  A search for estate tax repeal returns a large number of results, but there appear to be many helpful documents among the first few results. ]]> 1545 2010-07-21 11:26:47 2010-07-21 16:26:47 open open death-and-taxes publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _topsy_cache_timestamp jd_tweet_this _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target jd_wp_twitter 23552 http://twitter.com/westrefattorney/status/19027140018 2010-07-20 22:27:06 2010-07-21 03:27:06 New post: Death and Taxes http://bit.ly/97bKGZ]]> 1 trackback 0 0 23553 http://twitter.com/westlawschool/status/19091476080 2010-07-21 17:08:36 2010-07-21 22:08:36 Death and Taxes http://bit.ly/bI1tdg via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 Drink It Up http://westreferenceatt.3fivelab.com/2010/07/drink-it-up/ Wed, 21 Jul 2010 11:57:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1548 Land of 10,000 Lakes, I sheepishly admit that I really don’t pay much attention to the issue of water scarcity.  Last week, however, news sources gushed with a bevy of articles detailing how our need for and access to clean, potable H20 are moving in polar directions.  For example… Should you too find yourself curious about the law that helps govern water rights in the U.S.,  try a quick search of the phrase “water rights” in the Westlaw directory.  This yields such helpful treatises as:  Law of Water Rights and Resources, Getches’s Water Law in a Nutshell, Water and Wastewater International and Laitos' Hornbook on Natural Resources Law – among many others.  If you would grow tired of  bad water news, cross your fingers for this rare piece of  good water news. ]]> 1548 2010-07-21 06:57:06 2010-07-21 11:57:06 open open drink-it-up publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23554 http://twitter.com/westrefattorney/status/19071066682 2010-07-21 12:02:59 2010-07-21 17:02:59 New post: Drink It Up http://bit.ly/d5qS34]]> 1 trackback 0 0 Basics of Fielded Search http://westreferenceatt.3fivelab.com/2010/07/basics-of-fielded-search/ Tue, 20 Jul 2010 22:23:55 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1571 entire dissenting opinion NOT just the judge's name).  We talked further about fielded searching generally.  I realized that what's second-nature to Reference Attorneys might bear highlighting here. In simplest terms, almost all Westlaw documents are broken down into their component parts (fields); title, preliminary, opinion, text, author, date, and so on.  This is as true for cases and statutes as it is for private letter rulings, patents, and security filings.   As a result, we can search for documents by date, author, etc.   Of course, documents from such disparate sources will have unique fields.  To find available field identifiers and their meaning, access the database's  'scope screen.'  That's the icon with the black 'i' in the silver circle.  From here, click the Searching and Fields link to review the table of available fields. In addition to fields inherent to documents, Westlaw editors add their own serachable fields (e.g. headnotes).   The video below is a bit dated but does a great job outlining a day in the life of a Westlaw case from reciept through the enahcement process. Finally, there are also helpful user guides on the west.thomson.com site (Linked on the right side of this blog as well).  For example, check out the Stautes Field Quick Reference Guide. ]]> 1571 2010-07-20 17:23:55 2010-07-20 22:23:55 open open basics-of-fielded-search publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_target _topsy_long_url topsy_short_url wp_jd_bitly 23555 http://twitter.com/westrefattorney/status/19026954283 2010-07-20 22:23:58 2010-07-21 03:23:58 New post: Basics of Fielded Search http://bit.ly/awXycf]]> 1 trackback 0 0 23556 http://twitter.com/legalcurrent/status/19073673461 2010-07-21 12:48:26 2010-07-21 17:48:26 RT @WestRefAttorney: New post: Basics of Fielded Search http://bit.ly/awXycf]]> 1 trackback 0 0 23557 http://twitter.com/westlawschool/status/19084398400 2010-07-21 15:23:56 2010-07-21 20:23:56 Basics of Fielded Search http://bit.ly/cecwcE via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 “The Fabulous Fab” of Goldman Sachs http://westreferenceatt.3fivelab.com/2010/07/the-fabulous-fab-of-goldman-sachs/ Tue, 27 Jul 2010 15:54:59 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1597 1:10CV03229). There is a lot of buzz about how Mr. Tourre will be treated after the settlement.  Basically, the result may be a measuring rod for whether Goldman Sachs did the right thing in settling and how individuals may be treated in future S.E.C. actions.  See the WSJ law blog article “Fabrice Tourre Not only ‘Fabulous,’ But Also a Fighter” .  Also, see the court documents linked from my previous blog note. Why “fabulous fab?”  It seems this is a self-proclaimed title found in e-mails to friends during the time in which he was marketing the Amicus mortgage bonds.  See articles from the past month on Westlaw here (Allnews plus wires with Reuters search) or check out the New York Times article “Goldman Employee Denies S.E.C. Fraud Accusations.” ]]> 1597 2010-07-27 10:54:59 2010-07-27 15:54:59 open open the-fabulous-fab-of-goldman-sachs publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_long_url topsy_short_url wp_jd_bitly _topsy_cache_timestamp wp_jd_target 23558 http://twitter.com/westrefattorney/status/19667040473 2010-07-27 15:55:04 2010-07-27 20:55:04 New post: “The Fabulous Fab” of Goldman Sachs http://bit.ly/9GCobA]]> 1 trackback 0 0 President Obama signs the “Dodd-Frank - Wall Street Reform and Consumer Protection Act” into law http://westreferenceatt.3fivelab.com/2010/07/president-obama-signs-the-dodd-frank-wall-street-reform-and-consumer-protection-act-into-law/ Wed, 21 Jul 2010 16:58:31 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1612 th and the Senate voted and passed it on July 15.  The enrolled (passed by both houses) version of the bill can be found at - 2009 CONG US HR 4173 (July 16, 2010). The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 reforms the regulation of the financial industry and protects consumers and investors. The Law is over 2000 pages long and the news databases are a great place to get relevant information. For example, try the following search for information discussing different aspects of the law: Database: MONDAQ Query: DA(7/2010) & PR,CA,TI(FINAN! WALL-STREET /5 REFORM! REGULAT! STABILITY) & "WALL STREET REFORM AND CONSUMER PROTECTION ACT" The enrolled (passed by both houses) version of the bill can be found at - 2009 CONG US HR 4173 (July 16, 2010). The full text of the House Conference Committee Report at 2010 WL 2671804: H.R. CONF. REP. 111-517 Our previous post can be found here. ]]> 1612 2010-07-21 11:58:31 2010-07-21 16:58:31 open open president-obama-signs-the-dodd-frank-wall-street-reform-and-consumer-protection-act-into-law publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23559 http://twitter.com/westrefattorney/status/19090819171 2010-07-21 16:58:35 2010-07-21 21:58:35 New post: President Obama signs the “Dodd-Frank - Wall Street Reform and Consumer Protection Act” into law http://bit.ly/bgtDrJ]]> 1 trackback 0 0 23560 http://twitter.com/westlawschool/status/19097548304 2010-07-21 18:48:06 2010-07-21 23:48:06 RT @WestRefAttorney: New post: President Obama signs the “Dodd-Frank - Wall Street Reform and Consumer Protection Act” into law http://bit.ly/bgtDrJ]]> 1 trackback 0 0 Kagan and the Commerce Clause http://westreferenceatt.3fivelab.com/2010/07/kagan-and-the-commerce-clause/ Thu, 22 Jul 2010 12:04:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1623 interesting editorial about the Elena Kagan confirmation hearings.  The editorial suggested that the debate over (and Republican resistance to) Kagan’s Supreme Court nomination is not so much a debate about Kagan herself as it is a microcosm of the larger issue of the role of the federal government—and what part the Commerce Clause plays in that role.
    Yet dozens of Senate Republicans are ready to vote against her, and many are citing her interpretation of the commerce clause of the Constitution, the one that says Congress has the power to regulate commerce among the states. At her confirmation hearings, Ms. Kagan refused to take the Republican bait and agree to suggest limits on that clause’s meaning. This infuriated the conservatives on the Senate Judiciary Committee because it has been that clause, more than any other, that has been at the heart of the expansion of government power since the New Deal.
    The Constitution generally and the Commerce Clause in particular are not something many attorneys have to research, so when the time finally comes a lot of callers can be unsure how to even pull it up on Westlaw.  The Constitution is kept in the USCA database; you can find it near the top of the Table of Contents.  Each clause is broken down into its own document, so it's easy to focus your research on a section.  For example, looking at the citing references for the Commerce Clause I can see that there are over 25,000 documents on Westlaw discussing it! ]]>
    1623 2010-07-22 07:04:00 2010-07-22 12:04:00 open open kagan-and-the-commerce-clause publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23561 http://twitter.com/westrefattorney/status/19249686890 2010-07-22 12:11:35 2010-07-22 17:11:35 New post: Kagan and the Commerce Clause http://bit.ly/c4UhkI]]> 1 trackback 0 0 23562 http://twitter.com/westpromotions/status/19255440663 2010-07-22 13:43:34 2010-07-22 18:43:34 RT @WestRefAttorney: New post: Kagan and the Commerce Clause http://bit.ly/c4UhkI]]> 1 trackback 0 0 23563 http://twitter.com/westlawschool/status/19257845839 2010-07-22 14:17:29 2010-07-22 19:17:29 Kagan and the Commerce Clause http://bit.ly/delLfh via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23564 http://westreferenceattorneys.com/?p=1866 173.201.144.128 2010-08-05 21:22:51 2010-08-06 02:22:51 1 pingback 0 0
    Insurance Terms, Provisions and Clauses: What Does It All Mean? http://westreferenceatt.3fivelab.com/2010/07/insurance-terms-provisions-and-clauses-what-does-it-all-mean/ Thu, 22 Jul 2010 15:35:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1626 very frequent research request we Reference Attorneys get from Attorneys and Summer Associate attorneys-to-be is cases defining or interpreting insurance policy provisions.  Just in time for Summer Associate season 2010, we have added a new database, Miller's Standard Insurance Policies Annotated - Policies (MILLERS-POL).  It works like this: First you do a search for the clause, provision etc. either through a category-driven template with pulldowns, a terms/connectors search or a natural language search.   As you can see here, I chose “Homeowners” and put in the additional term “pool.” When you run you search, you’re then brought to sample policies.  If you find a clause resembling yours, you click on the hyperlinked “section identifier.” You’ll then be brought to available case law annotations from all jurisdictions in the United States interpreting or ruling on the specific section of an insurance policy.     ]]> 1626 2010-07-22 10:35:44 2010-07-22 15:35:44 open open insurance-terms-provisions-and-clauses-what-does-it-all-mean publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23565 http://twitter.com/westrefattorney/status/19263504609 2010-07-22 15:35:47 2010-07-22 20:35:47 New post: Insurance Terms, Provisions and Clauses: What Does It All Mean? http://bit.ly/bTMzHI]]> 1 trackback 0 0 How to find various versions of the the Financial Reform, Unemployment Extension, and other bills. http://westreferenceatt.3fivelab.com/2010/07/how-to-find-various-versions-of-the-the-financial-reform-unemployment-extension-and-other-bills/ Fri, 23 Jul 2010 14:49:09 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1651 enactment of the Financial Reform Bill, and the Senate passing the extension of jobless benefits.  When researching active or recently passed legislation it is important to understand which version you are interested in, either the engrossed, enrolled or introduced version, and how to access other versions. In Westlaw, a find by citation for the Wall Street reform Bill 2009 CONG US HR 4173, will pull up all the versions as separate results.  When you are in any of these bills you can click on the Graphical Bills link on the left side of the screen.  To open up a map that not only shows all of the versions, but also links to legislative history organized by category.

    ]]>
    1651 2010-07-23 09:49:09 2010-07-23 14:49:09 open open how-to-find-various-versions-of-the-the-financial-reform-unemployment-extension-and-other-bills publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp jd_wp_twitter _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23566 2010-07-23 14:49:44 2010-07-23 19:49:44 Post Edited: How to find various versions of the the Financial Reform, Unemployment Extension, and other bills. http://bit.ly/a5u4P5]]> 1 trackback 0 0 23567 http://twitter.com/westrefattorney/status/19344892927 2010-07-23 14:49:12 2010-07-23 19:49:12 New post: How to find various versions of the the Financial Reform, Unemployment Extension, and other bills. http://bit.ly/a5u4P5]]> 1 trackback 0 0 23568 http://twitter.com/westlawschool/status/19349997454 2010-07-23 15:59:20 2010-07-23 20:59:20 Find various versions of the the Financial Reform, Unemployment Extension, and more. http://bit.ly/biKoRr via @WestRefAttorney #lawschool]]> 1 trackback 0 0 23569 http://twitter.com/westrefattorney/status/19344931864 2010-07-23 09:49:44 2010-07-23 14:49:44 Post Edited: How to find various versions of the the Financial Reform, Unemployment Extension, and other bills. http://bit.ly/a5u4P5]]> 1 trackback 0 0
    Tracking Future Law - Fun with Congress! http://westreferenceatt.3fivelab.com/2010/07/tracking-future-law-fun-with-congress/ Mon, 26 Jul 2010 17:35:16 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1684 Speaker Boehner increase, supporters of a climate-change bill have turned up the heat on getting carbon-reducing legislation through the Senate.  Their efforts appear to have failed.  Already the politicos and pundits are queuing up their obits (here, here and here) for Federal Senate Bill 1733 – Senator Kerry’s Clean Energy Jobs and American Power Act. Senator Kerry urges that the bill is not dead. Should Kerry’s bill resurrect, you can track its progress – or death by committee – on Westlaw.  Simply use our Federal Bill Tracker service (US-BILLTRK) to follow Senate Bill 1733.  It will provide you with a complete listing of the twists and turns this bill would take should the cause be championed. Alternatively, should the GOP prevail in November, you can use the Federal Bill Tracker to see if Boehner holds true to his promise to repeal the Health Care reform legislation that, according to Boenher, “ruined the best health care system in the world.” Grab your popcorn. ]]> 1684 2010-07-26 12:35:16 2010-07-26 17:35:16 open open tracking-future-law-fun-with-congress publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23570 http://twitter.com/westrefattorney/status/19590119838 2010-07-26 17:35:19 2010-07-26 22:35:19 New post: Tracking Future Law - Fun with Congress! http://bit.ly/8Zm4No]]> 1 trackback 0 0 23571 http://twitter.com/westlawschool/status/19592547894 2010-07-26 18:16:17 2010-07-26 23:16:17 Tracking Future Law – Fun with Congress! http://bit.ly/c78TTN via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 Resources Specific to the Financial Crisis http://westreferenceatt.3fivelab.com/2010/07/resources-specific-to-the-financial-crisis/ Wed, 28 Jul 2010 17:04:55 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1694 Financial Crisis” tab, these databases include cases, trial filings, news resources, sections of the Federal Register, law reviews, and legislation all pertaining to the financial crisis. For example, the database FC-BILLTXT contains full-text versions of all pending Congressional bills since 1994 pertaining to either the subprime mortgage crisis or the financial reform.  There is also a database called FC-MISC, which contains miscellaneous materials such as agency or party statements, speeches, comments, and bill drafts as they appeared prior to their introduction. ]]> 1694 2010-07-28 12:04:55 2010-07-28 17:04:55 open open resources-specific-to-the-financial-crisis publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23572 http://twitter.com/westrefattorney/status/19755826415 2010-07-28 17:04:58 2010-07-28 22:04:58 New post: Resources Specific to the Financial Crisis http://bit.ly/9YjZlb]]> 1 trackback 0 0 23573 http://twitter.com/westlawschool/status/19757321052 2010-07-28 17:28:00 2010-07-28 22:28:00 Resources Specific to the Financial Crisis http://bit.ly/bDpUX7 via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 Judicial Reversal Reports http://westreferenceatt.3fivelab.com/2010/07/judicial-reversal-reports/ Thu, 29 Jul 2010 11:30:39 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1699 Customize This Report  
    Appealed Decisions ( January 2005 - July 2010)
     
    Appealed Decisions 2005 2006 2007 2008 2009 2010 Total
    Affirmed 11 5 7 7 1 1 32
    Affirmed in Part/Reversed in Part 0 1 1 1 0 1 4
    Remanded 0 0 1 1 0 0 2
    Affirmed as Modified 0 0 1 0 0 0 1
    Petition Denied 0 0 1 0 0 0 1
    Affirmed/Total Appealed* 11/11 5/6 7/11 7/9 1/1 1/2 32/40
    *This report includes information from only those appeals where the lower court judge is identified in the decision.
    Case Types ( January 2005 - July 2010)
     
    Case Types 2005 2006 2007 2008 2009 2010 Total
    Criminal Justice 3 6 5 1 0 1 16
    Domestic Relations/Family Law 7 0 5 1 0 0 13
    Employment/Labor 0 0 0 3 0 0 3
    Constitutional Law 2 0 0 0 0 0 2
    Government 1 0 1 0 0 0 2
    Real Property 1 0 0 0 0 1 2
    Communications 0 0 0 1 0 0 1
    Health 0 0 1 0 0 0 1
    Legal Services 0 1 0 0 0 0 1
    Science, Computers, and Technology 0 0 0 1 0 0 1
    Other 0 0 0 3 1 1 5
    Total 14 7 12 10 1 3 47
    ]]>
    1699 2010-07-29 06:30:39 2010-07-29 11:30:39 open open judicial-reversal-reports publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23574 http://twitter.com/westrefattorney/status/19819346129 2010-07-29 11:44:25 2010-07-29 16:44:25 New post: Judicial Reversal Reports http://bit.ly/aivgJM]]> 1 trackback 0 0 23575 http://twitter.com/westlawschool/status/19842463800 2010-07-29 17:30:22 2010-07-29 22:30:22 Judicial Reversal Reports http://bit.ly/9xguoO via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23576 couraging64@gmail.com http://www.discounttoryburchoutlets.com 221.175.217.40 2012-06-15 00:25:11 2012-06-15 05:25:11 Tory Burch Pumps there are the design tory burch wedge boot ingredient that tory burch sandals sale is vital to encouraging purchases.]]> 0 0 0
    Federal District Court Grants Preliminary Injunction for Portions of Arizona Immigration Law http://westreferenceatt.3fivelab.com/2010/07/federal-district-court-grants-preliminary-injunction-for-portions-of-arizona-immigration-law/ Wed, 28 Jul 2010 20:38:03 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1742 determined that for the purpose of preliminary injunction analysis the U.S. had demonstrated that section 2(B) is likely to be preempted by Federal law.  The Court described the, likely preempted, section 2(B):
    “Subsection 2(B) requires officers to make a reasonable attempt, when practicable, to determine an individual’s immigration status during any lawful stop, detention, or arrest where reasonable suspicion exists that the person is unlawfully present in the United States. Id. § 11-1051(B). Subsection 2(B) also requires that all persons who are arrested have their immigration status verified prior to release….”
    The order goes on to say that while Arizona’s interest may be consistent with the federal government, it is not in the public interest to enforce preempted laws.]]>
    1742 2010-07-28 15:38:03 2010-07-28 20:38:03 open open federal-district-court-grants-preliminary-injunction-for-portions-of-arizona-immigration-law publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23577 http://twitter.com/westlawschool/status/19768840331 2010-07-28 20:41:47 2010-07-29 01:41:47 Court Grants Preliminary Injunction for Portions of AZ Immigration Law http://bit.ly/a4hlJm via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23578 http://twitter.com/westrefattorney/status/19768775923 2010-07-28 15:40:38 2010-07-28 20:40:38 Post Edited: Federal District Court Grants Preliminary Injunction for Portions of Arizona Immigration Law http://bit.ly/9lKRmy]]> 1 trackback 0 0 23579 http://twitter.com/westrefattorney/status/19768632433 2010-07-28 15:38:07 2010-07-28 20:38:07 New post: Federal District Court Grants Preliminary Injunction for Portions of Arizona Immigration Law http://bit.ly/9lKRmy]]> 1 trackback 0 0 23580 http://twitter.com/lawdaddy/status/19769399617 2010-07-28 20:51:35 2010-07-29 01:51:35 RT @WestRefAttorney: Federal District Court Grants Preliminary Injunction for Portions of Arizona Immigration Law http://bit.ly/9i66zW]]> 1 trackback 0 0 23581 http://twitter.com/yieldler_grants/status/19772334255 2010-07-28 21:42:20 2010-07-29 02:42:20 Federal District Court Grants Preliminary Injunction for Portions ...: Subsection 2(B) also requires that a... http://bit.ly/bPiSjL #grants]]> 1 trackback 0 0 23582 http://twitter.com/legalcurrent/status/19823256659 2010-07-29 12:52:03 2010-07-29 17:52:03 RT @WestRefAttorney Federal District Court Grants Preliminary Injunction for Portions of Arizona Immigration Law http://bit.ly/9lKRmy]]> 1 trackback 0 0 23583 http://www.westlawinsider.com/2010/10/mexico-files-amicus-brief-in-arizona-immigration-litigation/ 96.30.32.30 2010-11-08 21:45:39 2010-11-09 03:45:39 1 pingback 0 0 23584 Lambka2154@harvard.edu http://www.injuryattorneymanhattanbeach.com 209.220.104.111 2011-01-25 14:50:16 2011-01-25 20:50:16 0 0 0 23585 nicolecandace@yahoo.com http://techspit.com 94.60.180.94 2011-04-26 01:42:11 2011-04-26 06:42:11 0 0 0
    No Blizz for Dairy Queen http://westreferenceatt.3fivelab.com/2010/07/no-blizz-for-dairy-queen/ Fri, 30 Jul 2010 15:12:07 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1752 lawsuit filed by Dairy Queen to protect this small piece of Southern heritage against Yogubliz.  Dairy Queens used to be a major gathering places in small Texas towns. In fact, some of my family pictures from the early 1940’s are actually on the walls of the Dairy Queen in West, TX .  My earliest memories I have with my grandparents involve our trips to the local Dairy Queen. In the complaint, Dairy Queen calls the Blizzard its “most popular and well-known” menu item, claiming Blizzard sales of $750 million per year and over 1.5 billion served since 1985. Objectively, it could appear this is an overreaching move by Dairy Queen to protect its mark and product, however, Wade Gentz, a lawyer for Dairy Queen states:
    It is more than reasonable to conclude that when Yogubliz chose a term whose only significance is a shortened form of Blizzard, Yogubliz did so with every intention of trading on the fame and goodwill of Dairy Queen's mark.
    I’m not sure I completely agree, but growing up in the South I can relate to the passion around their products and the desire to protect them. If you would like to follow this case, you can find the docket here from the U.S. District Court, Central District of California (No. 10-03677), and of course use either Docket Track or check back from time to time to see when this case will thaw. As a summer treat, you can download the complaint  here. Enjoy! ]]>
    1752 2010-07-30 10:12:07 2010-07-30 15:12:07 open open no-blizz-for-dairy-queen publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23586 http://twitter.com/westrefattorney/status/19917466096 2010-07-30 15:24:39 2010-07-30 20:24:39 New post: No Blizz for Dairy Queen http://bit.ly/aAXceu]]> 1 trackback 0 0 23587 http://twitter.com/westlawschool/status/19918937687 2010-07-30 15:44:20 2010-07-30 20:44:20 No Blizz for Dairy Queen http://bit.ly/dczr2W via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23588 alinawilmoth@gmail.com http://www.ksoftforum.com/member.php?312966-proolaEpina 205.189.73.79 2012-08-29 07:00:06 2012-08-29 12:00:06 0 0 0
    Great Lakes States bring Action against Federal Government over Fish. http://westreferenceatt.3fivelab.com/2010/08/great-lakes-states-bring-action-against-federal-government-over-fish/ Mon, 02 Aug 2010 18:30:21 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1793 filed suit in the Northern District of Illinois against the United States Corp of Army Engineers and the Metropolitan Water Reclamation District of Greater Chicago seeking to have the facilities designed to prevent the migration of bighead or silver (Asian) carp declared a public nuisance, to the extent that those facilities have not prevented the migration of the Asian carp into Lake Michigan, and requesting a
    “permanent injunction requiring the District and the Corps to take all appropriate and necessary measures to expeditiously develop and implement plans to permanently and physically separate carp-infested waters in the Illinois River basin and the CAWS from Lake Michigan so as to prevent the migration of bighead carp, silver carp, or other harmful aquatic invasive species into Lake Michigan.”
    The “asian carp” are voracious eaters which can grow up 100 pounds and up to four feet in length, consuming 40% of its body weight daily.  It spawns three times a year and has no known predators.  The concern is that if the carp become established in the Great Lakes, they would starve out other fish, and ruin the region's $7 billion fishing industry. The carp are currently being restrained from entering Lake Michigan by the use of electronic barriers.  Michigan had previously sought orders compelling the closing of Chicago shipping locks and gates which could provide an entrance into Lake Michigan for the fish, which were appealed to and denied by the United States Supreme Court. However, a live Asian carp was found within a few miles of Lake Michigan last month, which state officials believe illustrates the urgency of the situation and increases the likelihood of successfully obtaining injunctive relief. The complaint in this matter can be found at 2010 WL 2893302.
    https://web2.westlaw.com/find/default.wl?rs=WLW10.06&ifm=NotSet&fn=_top&sv=Split&pbc=4BF3FCBE&cite=2010+WL+2893302&vr=2.0&rp=%2ffind%2fdefault.wl&mt=Westlaw
    ]]>
    1793 2010-08-02 13:30:21 2010-08-02 18:30:21 open open great-lakes-states-bring-action-against-federal-government-over-fish publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23589 http://twitter.com/westrefattorney/status/20158798506 2010-08-02 18:30:27 2010-08-02 23:30:27 New post: Great Lakes States bring Action against Federal Government over Fish. http://bit.ly/9N7MfL]]> 1 trackback 0 0 23590 http://twitter.com/westlawschool/status/20161876523 2010-08-02 19:23:25 2010-08-03 00:23:25 Great Lakes States bring Action against Federal Government over Fish. http://bit.ly/bevxPn via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0
    Fracking Filings http://westreferenceatt.3fivelab.com/2010/08/fracking-filings/ Tue, 03 Aug 2010 16:43:07 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1805 Fracking.  I didn’t think it was a real word either. It’s real and it's worth a lot of money. Fracking, or hydraulic fracturing, “injects a mixture of water, sand and chemicals into rock formations at high pressure to force out oil and natural gas.”  That gas is where the money comes in.  Some studies have estimated that within the U.S. there are over 16,200 trillion cubic feet of gas.  16,200 trillion cubic feet of gas is more than 150 times the amount of natural gas the world uses in one full year.  Fracking helps to recover that gas. Some people think fracking is great. Some people are less sure. The reason I mention it:  fracking litigation. I have taken a few calls in the last few months dealing with the issue of researching fracking.  You can access complaints and answers dealing with fracking by simply searching for the fracking or fracing in Filing-all.  The media uses fracking while the industry uses fracing (or even frac’ing).  Either way, you will find over 100 filings from around the country this issue. According to its critics, fracking can lead to contaminated waters.  Those contaminated waters may be harmful if consumed by humans.  The more people drink potentially contaminated water, one can reason, the more lawsuits will be filed. As those lawsuits continue to be filed, you can continue to find them in Filing-All.  Keep your eye out for an increase in litigation related to fracking. ]]> 1805 2010-08-03 11:43:07 2010-08-03 16:43:07 open open fracking-filings publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23591 http://twitter.com/westrefattorney/status/20234758283 2010-08-03 16:43:14 2010-08-03 21:43:14 New post: Fracking Filings http://bit.ly/daLVpi]]> 1 trackback 0 0 23592 http://twitter.com/westlawschool/status/20240443319 2010-08-03 18:15:31 2010-08-03 23:15:31 Fracking Filings http://bit.ly/9b6i43 via @WestRefAttorney #lawschool #summerassociate]]> 1 trackback 0 0 23593 http://legalcurrent.com/2011/06/08/it%e2%80%99s-a-bird-%e2%80%a6-it%e2%80%99s-a-plane-%e2%80%a6-no-it%e2%80%99s-a-west-reference-attorney/ 69.163.130.131 2011-06-08 10:59:41 2011-06-08 15:59:41 1 pingback 0 0 23594 http://www.legalcurrent.com/its-a-bird-its-a-plane-no-its-a-west-reference-attorney/ 95.138.186.110 2013-02-14 11:10:57 2013-02-14 17:10:57 0 pingback 0 0 Electronic Eavesdropping and the Police http://westreferenceatt.3fivelab.com/2010/08/electronic-eavesdropping-and-the-police/ Wed, 04 Aug 2010 16:23:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1608 article dealing with audio recordings and the police.  This is a trend that has garnered much attention lately, essentially the states wiretap laws break down along a couple of lines, those that require both parties consent before recording a conversation, and those that require only one parties consent (like the federal law).  In some states police have been using statutes that require both parties consent to record a conversation to arrest and charge individuals who have audio recorded encounters with the police. When looking for statutes such as these, it can very often be hard to find the correct sections.  We may know the topic of the statute, but not any terms that are necessarily going to occur within the section.  For this type of inquiry the statute index is the best.  On Westlaw, if you go to the search window, or table of contents for a statutes database, you can click “Statutes Index” on the upper right.  This is different from the table of contents because it is a topical organization of the statutes, if you look under “Eavesdropping” or “Wiretapping” for instance you should be able to find these statutes that are cited as preventing audio recording.  If you are interested in a 50 state survey that breaks down every states wiretapping laws, you can find a comprehensive breakdown here in the 50 state surveys database. ]]> 1608 2010-08-04 11:23:56 2010-08-04 16:23:56 open open electronic-eavesdropping-and-the-police publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23595 http://twitter.com/westrefattorney/status/20316177050 2010-08-04 16:24:00 2010-08-04 21:24:00 New post: Electronic Eavesdropping and the Police http://bit.ly/a7NRyc]]> 1 trackback 0 0 23596 http://twitter.com/legalcurrent/status/20317900138 2010-08-04 16:50:02 2010-08-04 21:50:02 RT @WestRefAttorney: New post: Electronic Eavesdropping and the Police http://bit.ly/a7NRyc]]> 1 trackback 0 0 23597 http://twitter.com/westlawschool/status/20320648313 2010-08-04 17:33:28 2010-08-04 22:33:28 Electronic Eavesdropping and the Police http://bit.ly/9rkCDb via @WestRefAttorney #lawschool #summerassociate]]> 1 trackback 0 0 Reading Television http://westreferenceatt.3fivelab.com/2010/08/reading-television/ Fri, 06 Aug 2010 14:10:53 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1802 “birthright citizenship” may be under attack.  Birthright citizenship is the granting of United States citizenship to children born on U.S. soil, regardless of the citizenship of their parents.  The right comes from the Fourteenth Amendment:
    Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
     The story linked above includes quotes from Senator Lindsey Graham of South Carolina stemming from an appearance on Fox News.  Suppose you wanted to go further and get a transcript of the entire interview.  You can, using the news databases on Westlaw.  Westlaw not only has coverage of a large number of print news sources, but also provides transcripts from television news.  Because we know Senator Graham’s comments were made on Fox, we can search the FOX database (had we been unaware of the network involved, we could have cast a wider net with the ALLNEWS database).  A search in FOX for "LINDSEY GRAHAM" & da(7/2010) returns 13 documents, one of which is the appearance that produced the quotes mentioned above. ]]>
    1802 2010-08-06 09:10:53 2010-08-06 14:10:53 open open reading-television publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23598 http://twitter.com/westrefattorney/status/20471692922 2010-08-06 14:10:55 2010-08-06 19:10:55 New post: Reading Television http://bit.ly/bn8aEr]]> 1 trackback 0 0 23599 http://twitter.com/westlawschool/status/20716406519 2010-08-09 15:29:11 2010-08-09 20:29:11 Reading Television http://bit.ly/akF3CR via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0
    Virginia Lawsuit Against Health Care Reform Allowed To Proceed http://westreferenceatt.3fivelab.com/2010/08/virginia-lawsuit-against-health-care-reform-allowed-to-proceed/ Wed, 04 Aug 2010 17:25:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1808 denied a motion to dismiss the complaint challenging the Patient Protection and Affordable Care Act's requirement that individuals obtain a minimum level of health insurance coverage or pay a penalty. After a thorough recitation of each sides arguments related to standing and the scope of Federal Authority under the Commerce Clause, the judge determined,
    Given the presence of some authority arguably supporting the theory underlying each side's position, this Court cannot conclude at this stage that the Complaint fails to state a cause of action.
    2010 WL 2991385 ]]>
    1808 2010-08-04 12:25:13 2010-08-04 17:25:13 open open virginia-lawsuit-against-health-care-reform-allowed-to-proceed publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23600 http://twitter.com/westrefattorney/status/20320166837 2010-08-04 17:25:59 2010-08-04 22:25:59 New post: Virginia Lawsuit Against Health Care Reform Allowed To Proceed http://bit.ly/9NbfF1]]> 1 trackback 0 0 23601 http://twitter.com/westlawschool/status/20328228163 2010-08-04 19:41:43 2010-08-05 00:41:43 Virginia Lawsuit Against Health Care Reform Allowed To Proceed http://bit.ly/95hJbb via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0
    Proposition 8 Decision http://westreferenceatt.3fivelab.com/2010/08/proposition-8-decision/ Thu, 05 Aug 2010 15:53:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1836 2010 WL 3025614. The docket can be found at 3:09CV02292. Orin Kerr (on Volokh) posed an interesting question this morning:
    Should it matter to the constitutionality of Prop 8 that it was passed as part of a ballot initiative that restored preexisting law? 
    The initiative process is interesting stuff for those of us from states without this process.   A 2007  Columbia Law Review article notes that 24 states permit this kind of citizen law making.  See 107 Colum. L. Rev. 1437. Footnote 1 from this article provides some interesting sources describing why the Federal Constitution rejects "direct democracy."  For more on California's initiative process, see CAJUR INITIATIVE § 1 et. seq. To find an initiative, try the 'legis' databases.  In California, your search might look like this:
    • Database: ca-legis-old
    • Query: ci(prop! & 8)
    Results tell you where the document has been codified in the statutes.  And, note that the statutrory credits at CA CONST Art. 1, § 7.5  references the relevant initiative:
    (Added by Initiative Measure (Prop. 8, § 2, approved Nov. 4, 2008, eff. Nov. 5, 2008))
    An appeal is likely.  To set up a docket alert to track when the appeal and briefs have been filed, click on “Alert Center” in the upper-right corner of Westlaw, choose “create” to the right of  “Docket Alert,” and follow the wizard for “Receive an alert when new cases are filed.”  ]]>
    1836 2010-08-05 10:53:06 2010-08-05 15:53:06 open open proposition-8-decision publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_twitter _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_jd_wp _jd_wp_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_post_meta_fixed 23602 http://twitter.com/westlawschool/status/20397826493 2010-08-05 15:57:08 2010-08-05 20:57:08 New post: Proposition 8 Decision http://bit.ly/aDRakF via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23603 http://twitter.com/westrefattorney/status/20397690040 2010-08-05 10:55:08 2010-08-05 15:55:08 Post Edited: Proposition 8 Decision http://bit.ly/9keSE0]]> 1 trackback 0 0 23604 http://twitter.com/westrefattorney/status/20397551810 2010-08-05 10:53:11 2010-08-05 15:53:11 New post: Proposition 8 Decision http://bit.ly/9keSE0]]> 1 trackback 0 0 23605 http://twitter.com/hflawgroup/status/20398002400 2010-08-05 15:59:38 2010-08-05 20:59:38 RT @WestLawSchool: New post: Proposition 8 Decision http://bit.ly/aDRakF via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23606 http://www.westlawinsider.com/2010/08/proposition-8-motion-to-stay-granted%e2%80%a6and-denied/ 96.30.32.30 2010-09-28 09:53:14 2010-09-28 14:53:14 0 pingback 0 0 23607 VecchioLaufer543@yahoomail.com http://bobbycardwell.com/support.php 71.228.165.193 2012-02-09 05:56:44 2012-02-09 11:56:44 0 0 0 23608 TrefrySeeholzer9499@yahoomail.com http://cleanbits.net/contributors?list=j-l 95.31.216.41 2012-02-10 07:40:02 2012-02-10 13:40:02 0 0 0
    Russia and the New Start http://westreferenceatt.3fivelab.com/2010/08/russia-and-the-new-start/ Fri, 06 Aug 2010 15:59:30 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1863 The New York Times reported on Tuesday that the Senate had shelved the treaty until the fall session, potentially not until after the midterm elections.  This report was followed by a Times Editorial urging Senatorial critics to ratify. While the treaty has gotten relatively little news coverage over the past few months, it has been an occasional hot topic.  In early July Mitt Romney aired several criticisms of the treaty; this was followed with a harsh rebuttal by Senator Luger, one of the main Republican voices in support of the treaty. You can decide the merits of the treaty yourself by looking it up on Westlaw.  Treaties can be pulled via Find by Citation using various citation formats—the Senate Treaty Document number, the United States Treaties (U.S.T.) number, and the Treaties and Other International Agreements (T.I.A.S.) number, among others.  These formats can be something of a mystery, however, to lawyers unaccustomed to treaties and international law. An easier solution might be to go to the USTREATIES database.  This database includes all treaties since 1778 to which the United States is a party, including treaties with American Indian tribes.  The database has a template that allows you to search by treaty name, or to pull all treaties between the U.S. and a specific country. In the case of the New Start treaty, a search in Treaty Title for "New Start" retrieves no results, since New Start is not the technical title of the treaty.  However, a free-text search for “new start” will retrieve two results, the first of which is "A Treaty With Russia On Measures For Further Reduction And Limitation Of Strategic Offensive Arms”…also known as the “New START Treaty.”  The treaty can also be viewed at S. Treaty Doc. No. 111-5. There are several other treaty databases in addition to USTREATIES, including databases with many European and International treaties.  If you can’t find what you’re looking for in USTREATIES, try CMB-TREATIES (which is the largest treaty database) or give the Reference Attorneys a call. ]]> 1863 2010-08-06 10:59:30 2010-08-06 15:59:30 open open russia-and-the-new-start publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23609 http://twitter.com/westrefattorney/status/20479697497 2010-08-06 15:59:32 2010-08-06 20:59:32 New post: Russia and the New Start http://bit.ly/dfR1CN]]> 1 trackback 0 0 23610 ellen.kaufman@baruch.cuny.edu 150.210.165.45 2010-08-09 10:57:24 2010-08-09 15:57:24 1 0 0 23611 nate.baker@thomsonreuters.com 163.231.6.85 2010-08-09 14:39:45 2010-08-09 19:39:45 1 0 0 23612 emkauf@gmail.com 70.18.36.171 2010-08-10 06:22:58 2010-08-10 11:22:58 1 0 0 Senate Confirms Elena Kagan as the 112th Justice and the 4th Woman Justice to Serve on the U.S. Supreme Court http://westreferenceatt.3fivelab.com/2010/08/senate-confirms-elena-kagan-as-the-112th-justice-and-the-4th-woman-justice-to-serve-on-the-u-s-supreme-court/ Thu, 05 Aug 2010 20:28:16 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1866 [/caption] By a 63 to 37 vote today, the Senate has confirmed the appointment of Elena Kagan to the United States Supreme Court as its 112th Justice.  Five Republicans joined the Democrats in supporting the nomination, Susan Collins (ME), Lindsey Graham (SC), Richard Lugar (IN), Olympia Snowe (ME) and Judd Gregg (NH). President Obama, under the authority derived from Article II, section 2, clause 2 of the United States Constitution (USCA CONST Art. II § 2, cl. 2) nominated Elena Kagan for the position of Associate Justice to the US Supreme Court on May 10, 2010 to fill the position vacated by retiring Justice John Paul Stevens. The Senate, under the “Advice and Consent” clause of the same Constitutional Provision confirmed the nomination to make Elena Kagan the fourth woman Justice to serve on the US Supreme Court. To gain a better understanding of our newest Justice, check Elena Kagan’s Profile with over 5,000 references and dig deeper by accessing her customizable Litigation History Report from her profile: Database: PROFILER-WLD Query: IND(ELENA /3 KAGAN)   Related Posts: Kagan and the Commerce Clause Elena Kagan Testimony Vetting a Non-Judge Supreme Court Candidate Getting an edge at SCOTUS prediction What Does a Solicitor General Do? Kagan's Law Review Article on the Nomination Process ]]> 1866 2010-08-05 15:28:16 2010-08-05 20:28:16 open open senate-confirms-elena-kagan-as-the-112th-justice-and-the-4th-woman-justice-to-serve-on-the-u-s-supreme-court publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23613 http://twitter.com/westrefattorney/status/20414442494 2010-08-05 20:28:19 2010-08-06 01:28:19 New post: Senate Confirms Elena Kagan as the 112th Justice and the 4th Woman Justice to Serve on the U.S. Supreme Cour http://bit.ly/aagdOE]]> 1 trackback 0 0 23614 mike.carlson@thomsonreuters.com 163.231.6.65 2010-08-05 15:39:58 2010-08-05 20:39:58 1 0 61 23615 http://twitter.com/westlawschool/status/20415022938 2010-08-05 20:38:59 2010-08-06 01:38:59 New post: Senate Confirms Elena Kagan as the 112th Justice http://bit.ly/cRHQ6x via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 Your Input Is Greatly Appreciated... http://westreferenceatt.3fivelab.com/2010/08/your-input-is-greatly-appreciated/ Mon, 09 Aug 2010 20:09:45 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1895 [/caption] As the Summer begins to wind down and the oil leak in the Gulf of Mexico is sealed, there have been a few inquiries regarding this blog and where it will go. To be honest, we did not know ourselves when we started. Our goal was to be a rich information source for Summer Associates and Westlaw subscribers. The good news is that we plan on continuing this blog into the future. Our editorial team has been tasked with the job of deciding where to go and what to do after August. A few ideas have been proposed in regards to where we host the blog in the future. We would love your input on the future of this blog. If we moved locations, would that impact your readership? Should this just be for research from the Reference Attorneys? Do you want us to cover anything in particular? Do you want to see more direct responses to e-mail posted on the blog? Do you want us to offer special, exclusive information about Westlaw Updates, free passwords, etc? Do you want us to cover more current events? Do you want us to research the U.F.O. cover-up at Roswell? The sky is the limit! Feel free to anonymously submit your comments below. ]]> 1895 2010-08-09 15:09:45 2010-08-09 20:09:45 open open your-input-is-greatly-appreciated publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23616 http://twitter.com/westrefattorney/status/20733692357 2010-08-09 20:09:49 2010-08-10 01:09:49 New post: Your Input Is Greatly Appreciated... http://bit.ly/awtsus]]> 1 trackback 0 0 23617 juliemichelet@yahoo.com 75.194.36.12 2010-08-11 08:21:20 2010-08-11 13:21:20 1 0 0 23618 http://twitter.com/westrefattorney/status/20889911982 2010-08-11 14:30:40 2010-08-11 19:30:40 New Comment on Your Input Is Greatly Appreciated... http://bit.ly/awtsus]]> 1 trackback 0 0 Drive A Toyota: You Will Never Stop? http://westreferenceatt.3fivelab.com/2010/08/drive-a-toyota-you-will-never-stop/ Mon, 09 Aug 2010 21:23:35 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1910 [/caption] Recently, Kuoa Fong Lee was released from jail after serving 2 ½ years of an 8 year sentence for criminal vehicular manslaughter. He was driving a 1996 Toyota Camry that, according to Lee, failed to stop even when he was pressing on the brakes.

    In light of recent events with Toyota, and after four days of evidence and arguments made by Lee’s attorneys, a Ramsey County judge decided to grant Lee a new trial and then the county attorney decided not to retry the case. It was a dramatic moment. 

    There are a fair number of materials regarding prosecutorial discretion.  Try,

    • Database Criminal Justice Texts and Periodicals: cj-tp
    • Query: ti(prosecut! /4 discretion)

    Granting a new trial is one post-conviction remedy available—what others are out there? Find “Postconviction Remedies” at PCREM on Westlaw. This database helps you select the right course of action by distinguishing among the multitude of remedies available, describing them in detail and suggesting solutions for problems that may arise.

    A search for “new trial” in PCREM returns 56 documents that discuss new trials in a variety of contexts.

    ]]>
    1910 2010-08-09 16:23:35 2010-08-09 21:23:35 open open drive-a-toyota-you-will-never-stop publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23619 http://twitter.com/westrefattorney/status/20737985520 2010-08-09 21:23:37 2010-08-10 02:23:37 New post: Drive A Toyota: You Will Never Stop? http://bit.ly/dmfomz]]> 1 trackback 0 0 23620 http://twitter.com/westlawschool/status/20801472251 2010-08-10 15:04:49 2010-08-10 20:04:49 Drive A Toyota: You Will Never Stop? http://bit.ly/dmfomz via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0
    Verizon, Google, and Net Neutrality http://westreferenceatt.3fivelab.com/2010/08/verizon-google-and-net-neutrality/ Wed, 11 Aug 2010 14:40:59 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1925 Legislative Framework Proposal.   The proposal outlines what these two key players might deem an acceptable statutory scheme for managing internet traffic.  For some, Google's broken it's promise to do no evil.  It's the end of the Internet as we know it, according to the Huffington Post.   Public Knowledge says, Google sold you out.  What's at stake here? Try searches for net neutrality:
    • Database: JLR
    • Query: atleast2(net-neutrality) & da(2010)
    A great deal of information can be found on your existing blogroll - without a doubt.  Still, there are times I want to use boolean.  The Blogs on Demand datababase (BLOGSOD) contains text from a variety of widely-read blogs.  It's certainly not a comprehensive list nor are comments viewable but  the text is indexed.  I can search for author, title, company, date:
    • Database: BLOGSOD
    • Query: net-neutrality and da(aft 06/2010)
    The FCC has been net-neutral.  But, their authority to regulate doesn't extend as far as they thought.  The Comcast v. FCC decision referred to in some of this reading is at  600 F.3d 642. Of course, the late Senator Ted Stevens is credited with bringing net neutrality to Congress' attention.  His proposed bill amending the Communications Act is here: 2005 CONG US S 2686. ]]>
    1925 2010-08-11 09:40:59 2010-08-11 14:40:59 open open verizon-google-and-net-neutrality publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23621 http://twitter.com/westrefattorney/status/20890717904 2010-08-11 14:41:05 2010-08-11 19:41:05 New post: Verizon, Google, and Net Neutrality http://bit.ly/bd9n2b #Google #Net_Neutrality #Verizon]]> 1 trackback 0 0 23622 2010-08-11 16:35:58 2010-08-11 21:35:58 Post Edited: Verizon, Google, and Net Neutrality http://bit.ly/bd9n2b #Google #Net_Neutrality #Verizon]]> 1 trackback 0 0 23623 http://twitter.com/westrefattorney/status/20899361659 2010-08-11 16:35:58 2010-08-11 21:35:58 Post Edited: Verizon, Google, and Net Neutrality http://bit.ly/bd9n2b #Google #Net_Neutrality #Verizon]]> 1 trackback 0 0 23624 http://twitter.com/westlawschool/status/20892744430 2010-08-11 15:07:23 2010-08-11 20:07:23 RT @WestRefAttorney New post: Verizon, Google, and Net Neutrality http://bit.ly/bd9n2b #summerassociate #lawschool]]> 1 trackback 0 0 23625 AlmyRondinelli720@yahoomail.com http://anybody.dietologdieta2012.ru 94.24.164.19 2012-04-07 17:20:15 2012-04-07 22:20:15 0 0 0
    Henley and DeVore Settle Copyright Case http://westreferenceatt.3fivelab.com/2010/08/henley-and-devore-settle-copyright-case/ Tue, 10 Aug 2010 16:10:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1936 Don Henley has settled a copyright infringement suit against California Assemblyman Chuck DeVore that arose out of DeVore’s use of parodies of two of Henley’s 1980’s hits, “The Boys of Summer” and “All She Wants to Do Is Dance” (parodied as “The Hope of November” and “All She Wants to Do Is Tax,” respectively), in campaign advertisements.  The settlement comes after a United States District Judge granted partial summary judgment to Henley, Mike Campbell (co-writer, with Henley, of “The Boys of Summer”), and Danny Kortchmar (writer of “All She Wants to Do Is Dance”) on their copyright infringement claims.  That opinion is available on Westlaw at 2010 WL 2533388 and contains complete sets of lyrics both to the original songs and DeVore’s versions.  The docket for Don Henley, et al. v. Charles S. DeVore, et al.is also available on Westlaw, and contains links to most of the parties’ filings in the case. Docket number is 8:09-CV-00481.  For further reading on past instances of songwriters and/or musicians being unhappy with politicians using their songs, the Wall Street Journal Law Blog’s story on the Henley case mentions several such conflicts. ]]> 1964 2010-08-11 07:10:50 2010-08-11 12:10:50 open open amendment-to-the-credit-card-accountability-responsibility-and-disclosure-act-of-2009 publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23629 http://twitter.com/westrefattorney/status/20880697730 2010-08-11 12:14:25 2010-08-11 17:14:25 New post: Amendment to the Credit Card Accountability Responsibility and Disclosure Act of 2009 http://bit.ly/bgZkBV #CCARD]]> 1 trackback 0 0 Secret Societies and Mary Todd Lincoln’s Franking Privilege - in the United States Statutes at Large http://westreferenceatt.3fivelab.com/2010/08/secret-societies-and-mary-todd-lincolns-franking-privilege-in-the-united-states-statutes-at-large/ Thu, 12 Aug 2010 11:51:50 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1985 USCAXX, XX= 2 digit year), but it is important to note that we also have United States Public Laws (US-PL) , and The United States Statutes at Large (STATLRG)back to the creation of the United States.  Many of the Acts in the Public Laws and Statutes at Large are not codified, of course.

    The Statutes at Large can be interesting from a historical perspective as well. A couple of interesting acts I have run across include:

      ]]>
    1985 2010-08-12 06:51:50 2010-08-12 11:51:50 open open secret-societies-and-mary-todd-lincolns-franking-privilege-in-the-united-states-statutes-at-large publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23630 http://twitter.com/westrefattorney/status/20968885032 2010-08-12 11:52:01 2010-08-12 16:52:01 New post: Secret Societies and Mary Todd Lincoln’s Franking privilege - in the United States Statutes at Large http://bit.ly/bbPXEk]]> 1 trackback 0 0 23631 http://twitter.com/westlawschool/status/20983731372 2010-08-12 15:27:06 2010-08-12 20:27:06 RT @WestRefAttorney Secret Societies and Mary Todd Lincoln’s Franking privilege http://bit.ly/bbPXEk #summerassociate #lawschool]]> 1 trackback 0 0
    Giving Steven Slater The Second Degree http://westreferenceatt.3fivelab.com/2010/08/giving-steven-slater-the-second-degree/ Wed, 11 Aug 2010 20:28:28 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1986 Mr. Slater's unconventional exit off a Jet Blue flight. I only wish I could exit a commercial flight that quickly - and with two frothy beverages in hand no less. After being hit in the head by luggage from a passenger and verbally abused, he declared, according to passenger Phil Catelinet's blog:
    To the passenger who just called me a mother f***** f*** you. I've been in this business 28 years and I've had it
    From that point, he activated the emergency chute and exited the plane with his carry-on bag and two beers in tow. My first instinct upon hearing of this event was sympathy. I hate commercial travel with a passion. I'm not a fan of small enclosures and I have a tendancy to get motion sickness. I'm probably the guy you hope to sit next to on the plane. I'm drugged just beyond the point of caring about anything and tend to stay very quiet, still, and blend into the seat. I've been in many planes where I wish I could educate a fellow passenger on basic hygene, plead to a parent to control their children, or explain basic laws of physics to people who are determined to get their oversized luggage in the overhead bin that is clearly too small. Clearly public opinion is rushing towards Mr. Slater's defense. Some people are even calling him a hero. Facebook pages have even begun to spring up to take donations or express their support. After learning more about Mr. Slater's behavior, I'm not surprised by the charges. Queens District Attorney Richard Brown said Slater's actions could have had deadly consequences:
    The emergency chute deploys at 3,000 pounds per square inch within seconds and could easily injure or kill ground crews or others on the tarmac who are unaware the chute has been activated.
    Slater is charged with second-degree criminal mischief and first-degree reckless endangerment, both felonies that could land him in jail for up to seven years. Criminal law is not my area and ironically I have had a few calls on criminal issues this week in regards to possible sentences. In regards to Federal criminal issues, here are a few databases that may come in handy:
    • Federal Criminal Justice - Federal Sentencing Guidelines (FCJ-FSG)
    • Federal Criminal Justice - Federal Sentencing Guidelines-Old (FCJ-FSG-OLD)
    • Practice Under the Federal Sentencing Guidelines (PRFSG)
    • Federal Criminal Justice - Cases (FCJ-CS)
    • Federal Sentencing Reporter (FCJ-FSR)
    • Federal Sentencing Law and Practice (FSLP)
    • Benchbook for U.S. District Court Judges (BBUSDISJUD)
    • Federal Trial Handbook: Criminal, Fourth Edition (FEDTRHB-CRIM)
    • Model Penal Code: Sentencing (ALI-SENTENCE)
    • Law of Sentencing (LAWSENT)
    ]]>
    1986 2010-08-11 15:28:28 2010-08-11 20:28:28 open open giving-steven-slater-the-second-degree publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23632 2010-08-11 20:28:31 2010-08-12 01:28:31 New post: Giving Steven Slater The Second Degree http://bit.ly/cuaDdR]]> 1 trackback 0 0 23633 http://twitter.com/westrefattorney/status/20914191686 2010-08-11 20:28:31 2010-08-12 01:28:31 New post: Giving Steven Slater The Second Degree http://bit.ly/cuaDdR]]> 1 trackback 0 0
    Obama Signs Education Jobs Fund (H.R. 1586) http://westreferenceatt.3fivelab.com/2010/08/obama-signs-education-jobs-fund-h-r-1586/ Thu, 12 Aug 2010 22:26:35 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1992 [/caption] President Obama signed the Education Jobs Fund bill (H.R. 1586) Tuesday. The bill provides for 26 billion in aid to the states for education aid. To see how your state fared in the election year money grab, click here.

    Two interesting items worth noting. First, there is a bit of confusion over Title I. I have provided a snapshot of the official text. Under title one there is a mention of Education Jobs Fund and Education Jobs Funds.

    Luckily with Westlaw you automatically search pluralities with the singular version of a word so you are covered no matter what database you are searching for information (news, legislative materials, etc.). Secondly, Congress slapped Governor Rick Perry of Texas around a bit by calling Texas out by name. Texas apparently created a "reserve" with previous stimulous money instead of spending it appropriately. The language in this bill mandates assurances that Texas actually appropriates the money correctly. Bill: 2009 CONG US HR 1586 ]]>
    1992 2010-08-12 17:26:35 2010-08-12 22:26:35 open open obama-signs-education-jobs-fund-h-r-1586 publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target _wp_old_slug 23634 2010-08-12 22:26:39 2010-08-13 03:26:39 New post: Obama Signs Education Jobs Fund (H.R. 1586) http://bit.ly/awwT9A]]> 1 trackback 0 0 23635 http://twitter.com/westrefattorney/status/21010715860 2010-08-12 22:26:39 2010-08-13 03:26:39 New post: Obama Signs Education Jobs Fund (H.R. 1586) http://bit.ly/awwT9A]]> 1 trackback 0 0 23636 http://twitter.com/mnlawschoolwl/status/21059533630 2010-08-13 12:25:04 2010-08-13 17:25:04 RT @WestRefAttorney New post: Obama Signs Education Jobs Fund (H.R. 1586) http://bit.ly/awwT9A]]> 1 trackback 0 0 23637 99Kanda@harvard.edu http://www.garagedoorrepairsandyspringsga.com 184.82.83.74 2011-01-10 14:48:17 2011-01-10 20:48:17 0 0 0 23638 Gainey@hotmail.com 180.245.239.148 2011-11-21 21:12:58 2011-11-22 03:12:58 0 0 0
    Proposition 8: Motion to Stay Granted...and Denied http://westreferenceatt.3fivelab.com/2010/08/proposition-8-motion-to-stay-granted-and-denied/ Fri, 13 Aug 2010 14:46:30 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2036 [/caption] During the Proposition 8 decision on August 4, 2010, Judge Vaughn Walker issued a temporary stay for briefing.  The motions and briefs can be found below.  Yesterday, Judge Walker ruled  that gay marriages could resume next week (Wednesday at 5 p.m. PST) in California while his landmark ruling last week that overturned a ban on same-sex matrimony is appealed.   The purpose of the delay is to give the  appeals court time to consider "in an orderly manner" whether the voter-approved ban, known as Proposition 8, should be left intact while appellate judges weigh the merits of the overall case. Late on Thursday, the defenders of Proposition 8 filed papers asking the appellate court to block same-sex marriages for the duration of the appeal.  When we have the appeals materials available we will update this post.  You can subscribe to the RSS feed on our toolbar on the right-hand side to get an update notice. Decision: 2010 WL 3170286 Motions:
    • 2010 WL 3065298 Attorney General's Opposition to Defendant-Intervenors' Motion for Stay Pending Appeal (Aug. 6, 2010)
    • 2010 WL 3065300 The Administration's Opposition to Defendant-Intervenors' Motion for Stay Pending Appeal (Aug. 6, 2010)
    • 2010 WL 3065309 Plaintiffs' and Plaintiff-Intervenor's Joint Opposition to Defendant-Intervenors' Motion for a Stay Pending Appeal (Aug. 6, 2010)
    • 2010 WL 3054190  Defendant-Intervenors Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, Mark A. Jansson, and Protectmarriage.com's Motion for Stay Pending Appeal (Aug. 3, 2010)
    • 2010 WL 2629020  Plaintiffs' and Plaintiff-Intervenor's Opposition to Defendant Intervenors' Motion for Administrative Relief (Jun. 29, 2010)
    ]]>
    2036 2010-08-13 09:46:30 2010-08-13 14:46:30 open open proposition-8-motion-to-stay-granted-and-denied publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23639 2010-08-13 14:46:34 2010-08-13 19:46:34 New post: Proposition 8: Motion to Stay Granted...and Denied http://bit.ly/9XryfW #Civil_Rights #Prop_8]]> 1 trackback 0 0 23640 http://twitter.com/westrefattorney/status/21069571197 2010-08-13 14:46:34 2010-08-13 19:46:34 New post: Proposition 8: Motion to Stay Granted...and Denied http://bit.ly/9XryfW #Civil_Rights #Prop_8]]> 1 trackback 0 0 23641 http://twitter.com/west_lawschool/status/21071047094 2010-08-13 15:05:03 2010-08-13 20:05:03 Latest on Prop 8 discussion on great blog--West Reference attorneys http://bit.ly/9XryfW]]> 1 trackback 0 0 23642 http://twitter.com/westlawschool/status/21070652058 2010-08-13 15:00:08 2010-08-13 20:00:08 Proposition 8: Motion to Stay Granted...and Denied http://bit.ly/9XryfW via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23643 http://westreferenceattorneys.com/2010/08/gay-marriages-are-on-hold-proposition-8-update/ 173.201.144.128 2010-08-17 12:16:51 2010-08-17 17:16:51 1 pingback 0 0
    Almost (In)Famous: Notable Trials http://westreferenceatt.3fivelab.com/2010/08/almost-infamous-notable-trials/ Fri, 13 Aug 2010 12:07:21 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2046 does have several databases focused on famous, popular, or otherwise “notable” cases.  Perhaps the best example of a notable case would be the O.J. Simpson trial, which has a few databases dedicated to it: OJ-COMMENT includes case commentary, while OJ-TRANS is comprised of trial transcripts and other documents.  There are similar databases available for the Unabomber (UBABOMB-TRANS), Timothy McVeigh (MCVEIGH-TRANS and MCVEIGH-DP), and the even the JKF assassination (JFK-TRANS).  If violence isn’t your thing, you can also check out MICROSOFT-TRANS and MICROAPP-DOC, which cover the Microsoft antitrust litigation.  If you’re ever curious if we have a database specific to a notable trial, try typing the name of the trial’s defendant in Search for a Database.  For example, in the case of Bernie Madoff try entering “Madoff” in Search for a Database.  Westlaw will tell you that you’ve entered an invalid database.  Typing “OJ Simpson,” however, will get you several options to choose from.

    ]]>
    2046 2010-08-13 07:07:21 2010-08-13 12:07:21 open open almost-infamous-notable-trials publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23644 2010-08-13 12:12:56 2010-08-13 17:12:56 New post: Almost (In)Famous: Notable Trials http://bit.ly/9wG8RR]]> 1 trackback 0 0 23645 http://twitter.com/westrefattorney/status/21058814356 2010-08-13 12:12:56 2010-08-13 17:12:56 New post: Almost (In)Famous: Notable Trials http://bit.ly/9wG8RR]]> 1 trackback 0 0 23646 http://twitter.com/westlawschool/status/21144024691 2010-08-14 11:47:59 2010-08-14 16:47:59 Almost (In)Famous: Notable Trials http://bit.ly/9XQAYS via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 23647 sarah@crfl.co.nz http://www.facebook.com/profile.php?id=100003407136532 63.138.193.130 2012-12-11 04:46:27 2012-12-11 10:46:27 0 0 0
    Summer Associates: Beware of the Merlot http://westreferenceatt.3fivelab.com/2010/08/summer-associates-beware-of-the-merlot/ Fri, 13 Aug 2010 15:15:45 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2055 [/caption] In a study published on Monday, researchers from the University of Michigan and the University of Pennsylvania found that an association with alcohol caused observers to "expect cognitive impairment" in a job seeker.  This research study was presented to the Academy of Management, an annual meeting of business and management researchers. The study consisted of 610 managers who evaluated video recordings of an interview between actors playing a managers and a propsective hire.  All the scripts were the same but the actors ordered either a Coke or a Merlot.  Regardless of the choice of beverage for the manager, when the job seeker ordered Merlot he was perceived as less worthy of being hired and less "intelligent, scholarly and intellectual."  You can imagine the study showed an extreme negative reaction when the manager ordered a Coke and the job seeker ordered a glass of wine. Tsk tsk tsk. One thing to note, however, is that these were not attorneys.  The attorney culture is a little different, but this study is something to keep in mind.  My law school had an ettiquete seminar available for 1L's.  They always stressed the importance of image at casual dinner or lunch interviews.  You want to be on your A-game and make the best impression.  With or without alcohol, that is your choice, but be mindfull of the possible impression you are making.  All of this being said, I was  once chastised at a dinner interview by the hiring manager for not ordering a beer (or any other alcohol for that matter).  I'm not sure there is a clear answer one way or the other, but it's something to think about.  What do you think? I'd love to hear any comments on this below. Also, feel free to check out our attorney jobs website at AttorneyJobs.com. It has been awhile since I have been on the job market but it seems like a decent place to start. ]]> 2055 2010-08-13 10:15:45 2010-08-13 15:15:45 open open summer-associates-beware-of-the-merlot publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23648 http://twitter.com/westrefattorney/status/21072007930 2010-08-13 15:17:00 2010-08-13 20:17:00 New post: Summer Associates: Beware of the Merlot http://bit.ly/9ugktY #attorney_jobs]]> 1 trackback 0 0 23649 2010-08-13 15:17:00 2010-08-13 20:17:00 New post: Summer Associates: Beware of the Merlot http://bit.ly/9ugktY #attorney_jobs]]> 1 trackback 0 0 23650 http://twitter.com/westlawschool/status/21072774874 2010-08-13 15:26:46 2010-08-13 20:26:46 Summer Associates: Beware of the Merlot http://bit.ly/9ugktY #attorneyjobs #lawschool #summerassociate]]> 1 trackback 0 0 Obama's First Military Trial of Gitmo Detainees http://westreferenceatt.3fivelab.com/2010/08/obamas-first-military-trial-of-gitmo-detainees/ Mon, 16 Aug 2010 12:04:07 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2061 [/caption] Accused terrorist, Omar Khadr, is the youngest detainee at Guantanamo Bay. Khadr, was captured in Afghanistan in 2002, when he was just 15 years old. He is accused of helping assemble and plant roadside bombs for al Qaeda and of killing a special forces soldier. Last week, (Thursday, August 12, 2010), his trial began, marking the Obama Administration's first full military trial of suspected terrorists detained at Guantanamo Bay (GITMO) . There has been a lot of discussion over the Due Process Rights of GITMO detainees.  See May 19, 2010 blog article from Tedd C. entitled Guantanamo Detainees and Due Process—This Time in the U.K.   To read some law review articles on the issue of due process for Guantanamo detainees, go to WestlawNext and type in: Due Process Rights of Guantanomo Detainees. Click the Secondary Source link on the left panel to get a list of relevant articles. Westlaw.com also has a number of dockets online where Omar Khadr is a party.
    • Database: DOCK-FED-ALL
    • Search: PTN(OMAR /2 KHADR) 
    Khadr was just a teen when he was caught and detained. One of his defenses is that of being a “child soldier.” Was he too young to know the consequences of his acts? Was he threatened with violence or even death if he did not comply? An interesting article is found on Westlaw.  See International Law and Laws of War and International Criminal Law - Prosecution of Child Solders -- United States v. Omar Ahmed Khadr, 33 Suffolk Transnat'l L. Rev. 175. ]]>
    2061 2010-08-16 07:04:07 2010-08-16 12:04:07 open open obamas-first-military-trial-of-gitmo-detainees publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url wp_jd_target wp_jd_bitly jd_tweet_this _edit_last _topsy_cache_timestamp 23651 http://twitter.com/westrefattorney/status/21309424793 2010-08-16 12:05:59 2010-08-16 17:05:59 New post: Obama's First Military Trial of Gitmo Detainees http://bit.ly/cvab48]]> 1 trackback 0 0 23652 http://twitter.com/westlawschool/status/21332259926 2010-08-16 17:35:40 2010-08-16 22:35:40 Obama's First Military Trial of Gitmo Detainees http://bit.ly/cvab48 via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0
    Wells Fargo Overdraft Practices in Bad Faith http://westreferenceatt.3fivelab.com/2010/08/wells-fargo-overdraft-practices-in-bad-faith/ Mon, 16 Aug 2010 16:26:18 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2095 [/caption] Northern District court judge, William Alsup explains Wells Fargo's high-to-low check posting - a practice the bank expected would generate $40 million in revenue:
    Assume that a customer has $100 in his account and uses his debit card to buy ten small items totaling $99 followed by one large item for $100, all of which are presented to the bank for payment on the same business day. Using a low-to-high posting order, there would be only be one overdraft - the one triggered by the $100 purchase. Using high-to-low resequencing, however, there would be ten overdrafts-because the largest $100 item would be posted first and thus would use up the balance as quickly as possible.
    The court found the only motives behind the challenged practices were gouging and profiteering and ordered Wells Fargo to cease its practice of posting in high-to-low order for all debit-card transactions for all class members. Wells Fargo says it will appeal.

    See the opinion on Westlaw: Gutierrez v. Wells Fargo Bank, N.A., 2010 WL 3155934

    On Westlaw Next: Gutierrez v. Wells Fargo Bank, N.A., 2010 WL 3155934

    See news articles about the decision:

    SEARCH: "Wells Fargo" & overdraft & da(aft 8/9/2010) DATABASE: ALLNEWSPLUS

    ]]>
    2095 2010-08-16 11:26:18 2010-08-16 16:26:18 open open wells-fargo-overdraft-practices-in-bad-faith publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _topsy_cache_timestamp _slidedeck_slide_title jd_tweet_this _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target _wp_old_slug 23653 http://twitter.com/westrefattorney/status/21327521641 2010-08-16 16:26:23 2010-08-16 21:26:23 New post: Wells Fargo Overdraft Practices in Bad Faith http://bit.ly/ay0PEA]]> 1 trackback 0 0 23654 EthierLage68@gmail.com http://bestremontnik.ru/job.php?n=909317 178.63.103.213 2012-02-08 04:07:48 2012-02-08 10:07:48 0 0 0 23655 FariaWigboldy716@hotmail.com http://sathura.ru/data/ 178.63.103.213 2012-02-08 11:06:55 2012-02-08 17:06:55 0 0 0 23656 HudnallWolin197@aol.com http://www.aeragogichanion.gr 79.107.132.234 2012-02-08 12:21:24 2012-02-08 18:21:24 0 0 0 23657 YutzyFeatherstone729@hotmail.com http://linnerasijo.tumblr.com/ 68.71.58.169 2012-08-01 09:30:30 2012-08-01 14:30:30 0 0 0 23658 HolleranMante299@googlemail.com http://building.allsate.net/ 94.76.123.75 2012-08-12 21:32:44 2012-08-13 02:32:44 0 0 0
    Gay Marriages Are On Hold - Proposition 8 Update http://westreferenceatt.3fivelab.com/2010/08/gay-marriages-are-on-hold-proposition-8-update/ Tue, 17 Aug 2010 17:16:41 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2124 2010 WL 3212786.  For other Perry-related citations, see our prior post . ]]> 2124 2010-08-17 12:16:41 2010-08-17 17:16:41 open open gay-marriages-are-on-hold-proposition-8-update publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23659 http://twitter.com/westrefattorney/status/21419296282 2010-08-17 17:16:46 2010-08-17 22:16:46 New post: Gay Marriages Are On Hold - Proposition 8 Update http://bit.ly/csfO6W]]> 1 trackback 0 0 23660 jana_zhao@163.com http://www.yahoo.com/ 65.75.243.37 2011-06-22 07:54:13 2011-06-22 12:54:13 0 0 0 “Birthright” Citizenship: Will there be a constitutional amendment? http://westreferenceatt.3fivelab.com/2010/08/birthright-citizenship-will-there-be-a-constitutional-amendment/ Tue, 17 Aug 2010 18:18:04 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2092 Janet Napolitano called discussions of repealing so-called “birthright” citizenship “just wrong”. Lindsey Graham and other Republican members of Congress have been considering enacting an amendment to the constitution to override the 14th amendment’s grant of citizenship to “all persons…born in the United States”. A search in WestlawNext for (“birthright citizenship” constitutionality) in all jurisdictions returns a law review article from Georgetown, “The Nephews of Uncle Sam: The History, Evolution, and Application of Birthright Citizenship in the United States” (9 Geo. Immigr. L.J. 667). Even though the article is a little dated it outlines the origins of birthright citizenship and discusses the impact of the 14th amendment in the United States. Only time will tell if there will be enough support to amend the constitution--however it is interesting to see how we got where we are today. ]]> 2092 2010-08-17 13:18:04 2010-08-17 18:18:04 open open birthright-citizenship-will-there-be-a-constitutional-amendment publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _slidedeck_slide_title jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23661 http://twitter.com/westrefattorney/status/21423171910 2010-08-17 18:18:15 2010-08-17 23:18:15 New post: “Birthright” Citizenship: Will there be a constitutional amendment? http://bit.ly/ccytHl]]> 1 trackback 0 0 23662 http://twitter.com/westlawschool/status/21510166969 2010-08-18 18:19:27 2010-08-18 23:19:27 “Birthright” Citizenship: Will there be a constitutional amendment? via @WestRefAttorney http://bit.ly/bqgScr #lawschool #summerassociate]]> 1 trackback 0 0 Inmate Suicide http://westreferenceatt.3fivelab.com/2010/08/inmate-suicide/ Thu, 19 Aug 2010 14:10:17 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2118 Accused “Craigslist Killer” Philip Markoff was found dead Sunday after he reportedly committed suicide.  The fact that his apparent suicide occurred while in custody brought to mind a few recent calls I’ve taken on prisoner civil rights suits. None of those calls dealt specifically with inmate suicide, but ranged from the alleged failure of prison officials to protect an inmate from violence, to allegations of the denial of religious freedom.  I’ve found the secondary source Rights of Prisoners (RGTSPRISON) to be quite helpful in researching those types of issues.  That database has a section dealing specifically with inmate suicide.  I also ran an ALLCASES search on Westlaw.com for sy,di(prison! inmate incarcerat! /5 suicid! /s negligen! "wrongful death") to get a feel for some of the litigation that exists on this issue and retrieved 137 documents.  On WestlawNext, try a search in all jurisdictions for liability for inmate's suicide. ]]> 2118 2010-08-19 09:10:17 2010-08-19 14:10:17 open open inmate-suicide publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23663 2010-08-19 14:10:19 2010-08-19 19:10:19 New post: Inmate Suicide http://bit.ly/cJEPdk]]> 1 trackback 0 0 23664 http://twitter.com/westlawschool/status/21588553924 2010-08-19 16:02:48 2010-08-19 21:02:48 Inmate suicide and prisoner civil rights http://bit.ly/aszGCF via @WestRefAttorney #lawschool #summerassociate]]> 1 trackback 0 0 23665 http://twitter.com/westrefattorney/status/21580146917 2010-08-19 14:10:19 2010-08-19 19:10:19 New post: Inmate Suicide http://bit.ly/cJEPdk]]> 1 trackback 0 0 23666 http://www.westlawinsider.com/2010/08/inmate-suicide-craigslist-killer/ 96.30.32.30 2010-09-28 08:40:03 2010-09-28 13:40:03 0 pingback 0 0 23667 maryjo@ststephens.co.nz http://www.bing.com/ 121.245.206.163 2011-06-22 07:45:32 2011-06-22 12:45:32 0 0 0 University of Akron's Westlaw / Lexis Nexis Guide http://westreferenceatt.3fivelab.com/2010/08/university-of-akrons-westlaw-lexis-nexis-guide/ Wed, 18 Aug 2010 22:29:43 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2122 reading a bit about the University of Akron School of Law Guides for WesltawNext and LexisNexis Online Research (pdf).  Although Westlaw User Guides are free, I love the idea of  librarians putting these together for all the reasons articulated in the guide.  Of course, I'd not be doing my job, though,  if I didn't point out the following correction:

    Section IIA(2)In fact, Westlaw searches irregular plurals unless you use the pound symbol (#).  So, your search for "goose," should deliver "geese." 

    and, the following clarification:

    Section II Searching Concepts:  This section describes standard boolean searching on Westlaw.  There will always be room for traditional boolean searching.  Very often, traditional boolean logic is essential to complete a research task (e.g. how many times was the phrase "conceptual separability" used in the Ninth Circuit?).  This, you can do on WestlawNext.  And, I think it's important for students to understand boolean logic.  So, without interfering with the pedogogical concerns of our librarians, let me say that I usually begin my WestlawNext research with a plain language query that takes advantage of the new WestSearch algorithm.  The benefit here is primarily efficiency.  If  I needed to know about the doctrine of conceptual separability, for example, I simply run the phrase in the search box:

    and, this tip:

    Section IIA(3)If you are using boolean, the pound symbol is also very useful for searching terms typically too common to be searched.  Using the pound symbol forces Westlaw to run a search to otherwise would prefer not to run. For example, if I'm often looking for variations of the phrase "before trial", try, #before +2 trial.

    ]]>
    2122 2010-08-18 17:29:43 2010-08-18 22:29:43 open open university-of-akrons-westlaw-lexis-nexis-guide publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23668 http://twitter.com/westrefattorney/status/21525608202 2010-08-18 22:29:47 2010-08-19 03:29:47 New post: University of Akron's Westlaw / Lexis Nexis Guide http://bit.ly/dD2dH6 #Legal_Research #WestlawNext]]> 1 trackback 0 0 23669 http://twitter.com/westrefattorney/status/21581555827 2010-08-19 14:29:17 2010-08-19 19:29:17 We have a correction for the University of Akron's Westlaw Guide at http://bit.ly/dD2dH6]]> 1 trackback 0 0 23670 DunnebackGreenough9785@gmail.com http://booleanlogic,net/logic-gates 98.30.197.39 2012-03-07 12:05:56 2012-03-07 18:05:56 0 0 0
    Divorce During Tough Economic Times http://westreferenceatt.3fivelab.com/2010/08/divorce-during-tough-economic-times/ Wed, 18 Aug 2010 18:14:36 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2137 nearly run its course. We get a fair amount of calls on division of assets in a divorce but have not noticed an increase one way or the other based on research requests. If you're interested in tracking current legal trends or expanding your practice, this may be an area you want to watch and monitor. To search for articles on the topic of divorce during a recession, try the following search: Database: JLR Query:ti(divorce (dissolution /2 marriage) "family law" & down-turn economic! recession) & DA(AFT 2008) Number of Results: 6 ]]> 2137 2010-08-18 13:14:36 2010-08-18 18:14:36 open open divorce-during-tough-economic-times publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23671 http://twitter.com/westrefattorney/status/21509877313 2010-08-18 18:14:40 2010-08-18 23:14:40 New post: Divorce During Tough Economic Times http://bit.ly/de28y7]]> 1 trackback 0 0 23672 http://twitter.com/westlawschool/status/21521295515 2010-08-18 21:23:05 2010-08-19 02:23:05 Divorce During Tough Economic Times http://bit.ly/de28y7 via @WestRefAttorney #summerassociate #lawschool]]> 1 trackback 0 0 9th Circuit Strikes Down Stolen Valor Act http://westreferenceatt.3fivelab.com/2010/08/9th-circuit-strikes-down-stolen-valor-act/ Fri, 20 Aug 2010 14:53:25 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2171 The 9th Circuit recently considered the Stolen Valor Act, and struck it down as a facially invalid intrusion upon the 1st Amendment.  The act (18 USCA 704(b)) criminalizes a person falsely representing themselves as having received an award or medal for the Armed Forces. The Defendant, Xavier Alvarez, had stated in front of a Water District Board of Directors (of which he was a member) the following:
    “I'm a retired marine of 25 years. I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got wounded many times by the same guy. I'm still around.”
      As the court stated, this was all a lie. The defendant never served in the military.  For reasons the 9thCircuit did not go into, the FBI was tasked with investigating Mr. Alvarez's statements.  Mr. Alvarez subsequently was charged and pled guilty to violating the Stolen Valor Act.  He then appealed to the 9th Circuit.  The 9th Circuit determined that false statements of fact in most circumstances do enjoy 1st amendment protection.  The court then went on to apply strict scrutiny to 18 USCA 704(b) and (somewhat predictably) found that the provision failed the strict scrutiny test and was facially invalid. ]]>
    2171 2010-08-20 09:53:25 2010-08-20 14:53:25 open open 9th-circuit-strikes-down-stolen-valor-act publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23673 http://twitter.com/westrefattorney/status/21670386553 2010-08-20 14:53:28 2010-08-20 19:53:28 New post: 9th Circuit Strikes Down Stolen Valor Act http://bit.ly/a0FVOP]]> 1 trackback 0 0 23674 http://twitter.com/westlawschool/status/21674465847 2010-08-20 15:48:37 2010-08-20 20:48:37 RT @WestRefAttorney 9th Circuit Strikes Down Stolen Valor Act http://bit.ly/b8Hoo0 #lawschool #summerassociate]]> 1 trackback 0 0
    Genetically Modified Sugarbeets: Frankenfood or the Future? http://westreferenceatt.3fivelab.com/2010/08/genetically-modified-sugarbeets-frankenfood-or-the-future/ Mon, 23 Aug 2010 16:43:53 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2201 According to the AP:  
    U.S. District Court Judge Jeffrey White in California issued his ruling Aug. 13 that put on hold future planting of sugar beets using genetically modified seeds. White's ruling allows this year's crop to be harvested and processed, but the current seed crop can't be planted until the U.S. Department of Agriculture reviews the effect the genetically altered crops could have on other food.
    Needless to say, this decision could have massive ramifications. Monsanto’s GMO sugarbeet seeds account for about 95% of the sugarbeet seed planted in the U.S.  Domestically, farmers plant about one million acres of sugarebeets each year.  Sugarbeets are a significant source of the sugar we eat. The effects of this decision (which you can find at 2010 WL 3222482) could have massive ramifications.  Regardless of where you fall on the debate against keeping GMO-plants out of our food supply, it’s going to be fascinating to watch this play out. ]]>
    2201 2010-08-23 11:43:53 2010-08-23 16:43:53 open open genetically-modified-sugarbeets-frankenfood-or-the-future publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url topsy_short_url 23675 http://twitter.com/westlawschool/status/21932892070 2010-08-23 18:14:57 2010-08-23 23:14:57 New post: Genetically Modified Sugarbeets: Frankenfood or the Future? http://bit.ly/cdIU5J via @WestRefAttorney #lawschool]]> 1 trackback 0 0 23676 http://twitter.com/westrefattorney/status/21927282684 2010-08-23 16:43:59 2010-08-23 21:43:59 New post: Genetically Modified Sugarbeets: Frankenfood or the Future? http://bit.ly/cMZC3k]]> 1 trackback 0 0
    Roger Clemens Charged with Perjury http://westreferenceatt.3fivelab.com/2010/08/roger-clemens-charged-with-perjury/ Mon, 23 Aug 2010 15:55:30 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2213 2008 WL 376905 (F.D.C.H.))  In both instances, he testified that he had never used steroids or human growth hormones.  The indictment however, alleges that “[i]n truth and in fact, as Clemens well knew when he gave this testimony, Clemens knowingly received injections of anabolic steroids while he was an MLB player.” The indictment is contained within the William Roger Clemens docket, which can be found by running (Def (Clemens)) & DN(1:10CR00223) ) within the DOCK-DC-DCT data base.
       
    ]]>
    2213 2010-08-23 10:55:30 2010-08-23 15:55:30 open open roger-clemens-charged-with-perjury publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url wp_jd_bitly _topsy_cache_timestamp wp_jd_target jd_tweet_this _edit_last jd_wp_twitter _topsy_long_url topsy_short_url 23677 http://twitter.com/westlawschool/status/21925259831 2010-08-23 16:13:22 2010-08-23 21:13:22 RT @WestRefAttorney New post: Roger Clemens Charged with Perjury http://bit.ly/cu0ljr #lawschool]]> 1 trackback 0 0 23678 http://twitter.com/westrefattorney/status/21924136036 2010-08-23 15:56:47 2010-08-23 20:56:47 New post: Roger Clemens Charged with Perjury http://bit.ly/d0VnhV]]> 1 trackback 0 0
    Blagojevich Trial Update http://westreferenceatt.3fivelab.com/2010/08/blagojevich-trial-update/ Wed, 25 Aug 2010 14:22:23 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2226 ended in a hung jury on all but one count.  The docket for the case, which includes the verdict form, is available here (1:08-CR-00888).  Blagojevich was convicted only of making false statements to the Federal Bureau of Investigation, a violation of 18 USCA § 1001.  That charge is outlined in the Second Superseding Indictment, which is available on Westlaw at 2010 WL 1777511. Blagojevich has been less than elusive since the verdict, appearing at such gatherings as the Wizard World Chicago Comic Con and making several television appearances.  Among those appearances was an interview on Fox News Sunday, where he discussed his case and indicated that he may not be finished with politics:
    "My adult life was serving the people as a congressman, as a governor.  It's what I know. I'm not very good on BlackBerries or computers or anything like that.  It's why Donald Trump fired me on Celebrity Apprentice.  But no, I -- I'm not ruling myself out as coming back, because I will be vindicated in this case. "
    You can read a complete transcript of the interview (broken up into two parts) by running the following search in the ALLNEWS database:  BLAGOJEVICH & PR(FOX).  The results are ranked in reverse-chronological order, so the interview should be at or near the top of the list. ]]>
    2226 2010-08-25 09:22:23 2010-08-25 14:22:23 open open blagojevich-trial-update publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target 23679 http://twitter.com/westrefattorney/status/22092253444 2010-08-25 14:22:28 2010-08-25 19:22:28 New post: Blagojevich Trial Update http://bit.ly/bwIAHK]]> 1 trackback 0 0
    More information about the ECO-Gift Card Act http://westreferenceatt.3fivelab.com/2010/08/more-information-about-the-eco-gift-card-act/ Tue, 24 Aug 2010 21:01:09 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2229 Public Law 111-209, the Amendment to the Credit Card Accountability Responsibility and Disclosure Act of 2009 (“CCARD”).  This new Public Law strikes out Section 403 in Title IV of CCARD, found in Public Law 111-24, and replaces it with new language.  Procedurally, this Act works differently than what most attorneys who do legislative research are accustomed. Unlike a number of laws that passed by Congress amending existing statutes, this Act amends the Public Law itself - not the codified statute.  The only statutory reference you will see about the ECO-Gift Card Act will be in the KeyCite History for 15 U.S.C.A. 1693L-1.   ]]> 2229 2010-08-24 16:01:09 2010-08-24 21:01:09 open open more-information-about-the-eco-gift-card-act publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp wp_jd_target _topsy_long_url topsy_short_url wp_jd_bitly _wp_old_slug 23680 http://twitter.com/westrefattorney/status/22030666085 2010-08-24 21:01:12 2010-08-25 02:01:12 New post: More information about the ECO-Gift Card Act http://bit.ly/8ZJNJV]]> 1 trackback 0 0 23681 http://twitter.com/westlawschool/status/22102296659 2010-08-25 16:35:12 2010-08-25 21:35:12 More information about the ECO-Gift Card Act (via @WestRefAttorney) http://bit.ly/9UbT7N #lawschool]]> 1 trackback 0 0 23682 criminalact2003@gmail.com http://crime-and-justice.com/ 117.96.138.214 2011-02-02 21:39:23 2011-02-03 03:39:23 0 0 0 Stem Cell Documents http://westreferenceatt.3fivelab.com/2010/08/stem-cell-documents/ Wed, 25 Aug 2010 23:47:48 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2263 according to Reuters.  Here are some commonly (and, not so commonly) requested documents from the stem cell case.  Case:
    • Sherley v. Sebelius, 686 F.Supp.2d 1 (D.D.C. Oct 27, 2009)
    • Sherley v. Sebelius, 610 F.3d 69 (D.D.C.,2009)
    • Injunction: 2010 WL 3296974
    Executive Orders and Memorandum:

    Expanding Approved Stem Cell Lines in Ethically Responsible Ways, Exec. Order No. 13,435, 2007 WL 1788973 (Pres.Exec.Order Jun 20, 2007)

    Removing Barriers to Responsible Scientific Research Involving Human Stem Cells, Exec. Order No. 13,505, 2009 WL 604340, 74 FR 10667 (Pres.Exec.Order,Mar 09, 2009)

    Guidelines for Human Stem Cell Research, 2009 WL 2380125 (Pres.Memorandum Jul 30, 2009)

    Other Related Documents:

    Draft National Institutes of Health Guidelines for Human Stem Cell Research Notice , April 23, 2009 - 2009 WL 1076061

    National Institutes of Health Guidelines for Human Stem Cell Research, June 30, 2009 - 2009 WL 1916156

    ]]>
    2263 2010-08-25 18:47:48 2010-08-25 23:47:48 open open stem-cell-documents publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target _wp_old_slug 23683 2010-08-25 23:47:49 2010-08-26 04:47:49 New post: Stem Cell Documents http://bit.ly/ag2Yk8]]> 1 trackback 0 0 23684 http://twitter.com/westlawschool/status/22186691554 2010-08-26 15:27:17 2010-08-26 20:27:17 RT @WestRefAttorney New Post: Stem Cell Documents http://bit.ly/98eS4c #lawschool]]> 1 trackback 0 0 23685 http://twitter.com/westrefattorney/status/22220326353 2010-08-26 23:53:09 2010-08-27 04:53:09 Post Edited: Stem Cell Documents http://bit.ly/ag2Yk8]]> 1 trackback 0 0
    Appropriations within Appropriations http://westreferenceatt.3fivelab.com/2010/08/appropriations-within-appropriations/ Thu, 26 Aug 2010 23:54:17 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2276 reported this week that the Shepard Fairey case was set for a March Trial date.   Docket number 1:09cv01123. (Hat Tip: Ben Sheffner)   For the uninitiated, the Associated Press (AP) countersued Shepard Fairey in 2009 for copyright infringement.  See 2009 WL 648762. Fairey appropriated an AP image for his creation of the iconic Obama HOPE poster.  For my part, this case is interesting not so much for its fair use analysis but for the fair use analysis within the context of “approrpriation art.”  The Fair Use analysis is clear, at least according to William Patry:
    Mr. Fairey's use should be regarded as fair use despite his reliance on Mr. Garcia’s photo. As Judge Pierre Leval wrote in his Harvard Law Review article, endorsed by the Supreme Court in the 2 Live Crew case, “if the quoted matter is used as raw material, transformed in the creation of new information, new aesthetics, new insights and understandings—this is the very type of activity that the fair use doctrine intends to protect for the enrichment of society.”... That Mr. Fairey's poster enriches society has been undeniably proven by its widespread approval by the public, by President Obama, and by its becoming part of the permanent collection of the US National Portrait Gallery. PATRYFAIR § 3:91
    Fairey’s work, as a whole, presents challenging questions regarding appropriation of another sort.  ‘Found objects’ have been used by artists like DuChamp, Warhol, and Jeff Koons (See Wikipedia’s List of Artists using Appropritaion).  This practice is typically permitted so long as it meets a fair use analysis.  Try:
    • Database: Copyright Cases (FIPC-CS)
    • Query:   ti(koons)
    But, Fairey’s work has come under fire for its cultural appropriation.  Fairey borrows heavily from images of political movements and, apparently without care for the source:
    In 2006 Fairey printed a near exact copy of an already existing skull and crossbones artwork he found, altering the original design only by adding the words "OBEY: Defiant Since '89" along with a small star bearing the face of Andre the Giant…As luck would have it, Wal-Mart plagiarized the master plagiarist, copying and printing Fairey’s rip-off and adding it to the superstore’s own fashion line. A shopper at Wal-Mart recognized the skull motif’s origin and angrily protested - as it was an exact duplication of the infamous logo belonging to the Gestapo… …when confronted by the website, consumerist.com, Fairey offered the following excuse: "When I made that graphic I was referencing a biker logo and it was only brought up to me later that it was the SS skull."
    Many of the images Fairey appropriates come from the public domain.  But, is the public domain merely fodder for this generation’s appropriation artists?  Siva Vaidhyanathan's article, Anarchist in the Coffeehouse suggests it shouldn't be.  But, is some sort of citation or enforcement required?  Maybe, an alternative form of protection:

    IN SEARCH OF ADEQUATE PROTECTION FOR CHOREOGRAPHIC WORKS: LEGISLATIVE AND JUDICIAL ALTERNATIVES v. THE CUSTOM OF THE DANCE COMMUNITY,  38 UMIALR 287

    Or, is there still a role for the art critic? ]]>
    2276 2010-08-26 18:54:17 2010-08-26 23:54:17 open open appropriations-within-appropriations publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url _topsy_cache_timestamp jd_tweet_this _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target _wp_old_slug 23686 http://twitter.com/westrefattorney/status/22220409011 2010-08-26 23:54:22 2010-08-27 04:54:22 New post: Appropriations within Appropriations http://bit.ly/coeuYf]]> 1 trackback 0 0
    iPad - There is a West Reference Attorney for that. http://westreferenceatt.3fivelab.com/2010/08/ipad-there-is-a-west-reference-attorney-for-that/ Mon, 30 Aug 2010 17:12:39 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2285 As of yesterday, we have a new member to the WestlawNext family, the iPad app. This new app allows you access the power of WestSearch from the familiar ease of the iPad. Even before the official release of WestlawNext, the Reference Attorneys have been preparing for these new features because, yes, we support these too. Whether you are using the Kindle, your iPhone, your Blackberry, your Android phone, your internet browser, and now your iPad... there is a West Reference Attorney for that. We have reference attorneys familiar with these new enhancements to assist you with any navigation or research questions that may arise. This can be particularly helpful when you are mobile and in need of additional research assistance that is not available from your office. For those of you who are not familiar with our WestlawNext platform, we have a foldering feature that allows you to store any snippets or documents you feel are important for your research project in one place. While this is nice to help organize your research, the power of the foldering system is evident in this new application. No matter which portal you use to access WestlawNext, you can access the same folders and information. I wish I had this new app just for court. I could have folders for evidentiary challenges or objections filled with specific cases to back up my position. Most importantly, I could reduce the number of file boxes for major cases to a small tablet. However, by far my favorite part of the iPad application are the notes and highlighting. As you review cases, you can still highlight and leave notes in your case. These notes can be shared among your colleagues and remind you where the case is more important for your needs. I can only imagine that in the near future you will see more attorneys dumping their searches into the WestlawNext folders reviewing cases on their commute to and from work highlighting snippets and leaving notes. If you thought people walking and texting or e-mailing on a Blackberry was annoying, just wait for this evolution. HOW TO CHANGE JURISDICTION FOR YOUR DIGEST SEARCH One librarian commented that you cannot change jurisdiction while running a digest search.  Actually, this isn't true.  (Maybe not as intuitive as it ought to be?  Let us know.)  Here's how it's done: Currently, when running a digest search using a Key Number, the jurisdiction selected is the jurisdiction of the case you were viewing plus federal.  So if you selected a Key Number from a California case, a search would automatically run in California state and federal headnotes.  To change jurisdiction, simply tap the Jurisdiction Selector in the upper-right hand portion of the screen: Change your jurisdiction: Clicking "Done" takes you back to the original results. So, click the search box AND HIT RETURN: Your Key Number digest search will now run in the new jurisdiction selected: ]]> 2285 2010-08-30 12:12:39 2010-08-30 17:12:39 open open ipad-there-is-a-west-reference-attorney-for-that publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url wp_jd_bitly wp_jd_target _wp_old_slug 23687 http://twitter.com/westrefattorney/status/22541350510 2010-08-30 17:12:43 2010-08-30 22:12:43 New post: iPad - There is a West Reference Attorney for that. http://bit.ly/9T54wg]]> 1 trackback 0 0 23688 http://twitter.com/mablsa/status/22551911615 2010-08-30 20:01:37 2010-08-31 01:01:37 RT @LearnWestlaw: iPad – There is a West Reference Attorney for that. http://ow.ly/2wSkw]]> 1 trackback 0 0 23689 http://twitter.com/westlaw/status/22551813894 2010-08-30 20:00:08 2010-08-31 01:00:08 iPad – There is a West Reference Attorney for that. http://ow.ly/2wSlS]]> 1 trackback 0 0 23690 http://twitter.com/learnwestlaw/status/22551813935 2010-08-30 20:00:08 2010-08-31 01:00:08 iPad – There is a West Reference Attorney for that. http://ow.ly/2wSkw]]> 1 trackback 0 0 23691 http://twitter.com/gracesimms/status/22553029325 2010-08-30 20:19:08 2010-08-31 01:19:08 RT @LearnWestlaw: iPad – There is a West Reference Attorney for that. http://ow.ly/2wSkw]]> 1 trackback 0 0 23692 http://twitter.com/legalcurrent/status/22616012767 2010-08-31 13:30:04 2010-08-31 18:30:04 RT @WestRefAttorney: New post: iPad - There is a West Reference Attorney for that. http://bit.ly/9T54wg]]> 1 trackback 0 0 23693 http://twitter.com/westpromotions/status/22617604214 2010-08-31 13:50:31 2010-08-31 18:50:31 RT @WestRefAttorney: New post: iPad - There is a West Reference Attorney for that. http://bit.ly/9T54wg]]> 1 trackback 0 0 23694 http://twitter.com/aabibliographer/status/22631374806 2010-08-31 16:35:01 2010-08-31 21:35:01 WestlawNext has iPad app http://westreferenceattorneys.com/2010/08/ipad-there-is-a-west-reference-attorney-for-that/]]> 1 trackback 0 0 Paul Allen's Patent Suit vs. the Universe http://westreferenceatt.3fivelab.com/2010/08/paul-allens-patent-suit-vs-the-universe/ Fri, 27 Aug 2010 21:57:40 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2307 Paul Allen's complaint  is on Westlaw at 2010 WL 3370282.  Mr. Allen is suing AOL, Apple, eBay, Facebook, Google, Netflix, Office Depot, OfficeMax, Staples, Yahoo, and YouTube for patent infringement.  Links to the four patents-in-suit can be found within the complaint. ]]> 2307 2010-08-27 16:57:40 2010-08-27 21:57:40 open open paul-allens-patent-suit-vs-the-universe publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url jd_tweet_this _edit_last _wp_old_slug _topsy_long_url topsy_short_url wp_jd_bitly _topsy_cache_timestamp wp_jd_target 23695 http://twitter.com/westrefattorney/status/22301558853 2010-08-27 21:57:43 2010-08-28 02:57:43 New post: Paul Allen's Patent Suit vs. the Universe http://bit.ly/9dAezC]]> 1 trackback 0 0 23696 http://twitter.com/westlawschool/status/22527721346 2010-08-30 14:16:24 2010-08-30 19:16:24 RT @WestRefAttorney Paul Allen's Patent Suit v. the Universe http://bit.ly/aK8n5M #lawschool #IP]]> 1 trackback 0 0 23697 savita.harjani@thomsonreuters.com 163.231.6.86 2010-09-01 15:31:56 2010-09-01 20:31:56 1 0 61 United-Continental Merger – Antitrust Hurdle Overcome http://westreferenceatt.3fivelab.com/2010/08/united-continental-merger-antitrust-hurdle-overcome/ Mon, 30 Aug 2010 15:58:53 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2321 overcame a major hurdle when the Justice Department completed its antitrust review and closed its investigation into the proposed merger on Friday. Shareholders of the two companies, Continental Airlines, Inc. and United’s parent, UAL Corp., are scheduled to vote on the deal September 17th.  The deal is expected to be finalized by October of this year. The European Commission cleared the proposed merger in July. Relevant EU documents can be found with the following query in the Eurpopean Union database (EU-ALL):

    CONTINENTAL AND UNITED-AIRLINES

    The Department of Justice’s News Release announcing the close of its investigation related to this proposed merger can be found at:  2010 WL 3375271 Also try the following search in the ATRNEWS (Antitrust & Trade News) database for news items related to the proposed merger:

    PR,CA,TI(CONTINENTAL & UNITED & ANTI-TRUST MERGER)

    ]]>
    2321 2010-08-30 10:58:53 2010-08-30 15:58:53 open open united-continental-merger-antitrust-hurdle-overcome publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_twitter _edit_last _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _wp_jd_wp _jd_wp_twitter _jd_post_meta_fixed _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_yourls _wp_jd_url _wp_jd_target 23698 http://twitter.com/westrefattorney/status/22535857310 2010-08-30 15:58:55 2010-08-30 20:58:55 New post: United-Continental Merger – Antitrust Hurdle Overcome http://bit.ly/bbNH7U]]> 1 trackback 0 0 23699 http://twitter.com/westlawschool/status/22550914171 2010-08-30 19:45:13 2010-08-31 00:45:13 RT @WestRefAttorney United-Continental Merger – Antitrust Hurdle Overcome http://bit.ly/9hL6Rg]]> 1 trackback 0 0
    Can an Operator of an Attraction be a Criminal? http://westreferenceatt.3fivelab.com/2010/08/can-an-operator-of-an-attraction-be-a-criminal/ Tue, 31 Aug 2010 21:30:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2337 fancied himself a television star after he appeared on a Discovery Channel program that featured an attraction called Terminal Velocity located at a place called Extreme World in the heart of the Wisconsin Dells, WI tourism area.  Terminal Velocity is a thrill attraction known as a suspended catch air device (SCAD for short) in which the customer or “diver” ascends about 150 feet in the air either by stairs or a special elevator system.  The diver is fitted into the CFF “Controlled Free Fall” system that guarantees a secure free fall position for a comfortable landing. The operator (a “dive master”) assists the diver into a proper position and releases the cable that suspends the diver.  The diver then drops in an unattached controlled freefall for about 100 feet before being caught in a suspended net attached to airtubes and break suspensions for a soft landing so that the diver feels no impact at all.  A secondary safety system is in place in the form of an inflated air bag onto which the net is lowered.  The air is then released from the bag allowing the diver to return back to the ground.  Carnell was the dive master for Terminal Velocity during the taping of the television program.  This same television program so captured the imagination of a young Florida girl, Teagan Marti, that she begged her parents to allow her to try a dive from Terminal Velocity the next time they visited relatives in the Chicago area.  Soon the big day came.  According to news reports, on July 30, 2010, Teagan got the opportunity to try the attraction and hoped on the elevator platform with 2 men along with their dive master, Charles Carnell.  The platform began the ascent but slowed down, presumably to let the air bag fill up.  The elevator stopped again about 100 feet in the air and Carnell assumed he was ready for the dives.  From his vantage point, he could see the net and the air bag below and was to wait for a signal to be given by the ground operator who ensures the net is raised properly and that the air bag is inflated.  Carnell then “blanked out” and placed Teagan in the dive position and released her cable.  Unfortunately, the ground operator never provided the signal and the net and air bag both remained on the ground.  With a thud, Teagan landed on the ground below.  She was alive and subsequently taken to a hospital with serious medical conditions include swelling of the brain, several fractures of the cervical and lumbar segments of her spine, multiple fractures of her pelvis and lacerations to her liver, spleen, intestines and duodenum.  On August 17, the County Attorney for Sauk County filed a criminal complaint against Charles Carnell charging him with first degree reckless injury in violation of 940.23(a)(1) and 939.50(d).  I found it interesting that the charge is called first-degree reckless injury, yet the statute itself only refers to the class of felony but not to the degrees of reckless injury.  The case file number is 2010CF000201 and the case’s progress can be followed using Westlaw Dockets database identifier of DOCK-WI-STCTS to see if the court thinks the attraction operator is a criminal. For related  cases and an overview of the substantive law, see section 12 of 16 COA 2d 1, Causes of Action Against Operator of Amusement Park for Inury on Ride. Section 12 is dedicated to criminal liability. ]]> 2337 2010-08-31 16:30:52 2010-08-31 21:30:52 open open can-an-operator-of-an-attraction-be-a-criminal publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_twitter _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_jd_wp _jd_wp_twitter _jd_post_meta_fixed _wp_old_slug _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_yourls _wp_jd_url _wp_jd_target 23700 http://twitter.com/westrefattorney/status/22650534597 2010-08-31 21:30:56 2010-09-01 02:30:56 New post: Can an operator of an attraction be a criminal? http://bit.ly/alxDn1]]> 1 trackback 0 0 23701 http://twitter.com/westlawschool/status/22715771754 2010-09-01 15:15:15 2010-09-01 20:15:15 New post: Can an operator of an attraction be a criminal? (via @WestRefAttorney) http://bit.ly/bdfVa4 #lawschool]]> 1 trackback 0 0 GPS Tracking – Warrant or Not? http://westreferenceatt.3fivelab.com/2010/08/gps-tracking-warrant-or-not/ Tue, 31 Aug 2010 14:25:30 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2344 United States v. Pineda-Moreno  (591 F3d 1212),  Pineda-Moreno argued that sneaking onto his driveway and secretly placing a GPS tracking device to his car violated his reasonable expectation of privacy.  The Ninth Circuit Court of Appeals held that there was no reasonable expectation of privacy to driveway; that there was no reasonable expectation of privacy to undercarriage of vehicle; that there was no reasonable expectation of privacy when parking vehicle on street or in parking lot; and that the use of a tracking device was not a search.   Dissenting language from the order denying a rehearing enbanc ( 2010 WL 3169573) is passionate:
    Having previously decimated the protections the Fourth Amendment accords to the home itself, United States v. Lemus, 596 F.3d 512 (9th Cir.2010) (Kozinski, C.J., dissenting from the denial of rehearing en banc); United States v. Black, 482 F.3d 1044 (9th Cir.2007) (Kozinski, J., dissenting from the denial of rehearing en banc), our court now proceeds to dismantle the zone of privacy we enjoy in the home's curtilage and in public. The needs of law enforcement, to which my colleagues seem inclined to refuse nothing, are quickly making personal privacy a distant memory.1984 may have come a bit later than predicted, but it's here at last.
    The same issue was argued in the Court of Appeals for the District of Columbia.  This court held the opposite in the case United States v. Maynard, found at 2010 WL 3063788.    The court held that warrantless use of  (GPS) device on defendant's vehicle for a month was a search and that the automobile exception to the warrant requirement did not apply to this search.   The issue could eventually end up in the United State Supreme Court. To find a number of cases on the topic of whether law enforcement  is required to get a warrant before placing a GPS tracking device on a car, try the following search.

    Database:  ALLCASES

    Search:       G.P.S. /S CAR AUTOMOBILE VEHICLE VAN TRUCK S.U.V. PICK-UP /S (NO NOT #WITHOUT FAIL! LACK! /5 WARRANT) WARRANTLESS SECRETLY.

    ]]>
    2344 2010-08-31 09:25:30 2010-08-31 14:25:30 open open gps-tracking-warrant-or-not publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _topsy_long_url _wp_old_slug jd_tweet_this _topsy_cache_timestamp topsy_short_url wp_jd_bitly wp_jd_target 23702 http://twitter.com/westlawschool/status/22621181457 2010-08-31 14:33:53 2010-08-31 19:33:53 RT @WestRefAttorney GPS Tracking - Warrant or Not? http://bit.ly/aDuWC6 #lawschool]]> 1 trackback 0 0 23703 http://twitter.com/westrefattorney/status/22620490039 2010-08-31 14:25:33 2010-08-31 19:25:33 New post: GPS Tracking – Warrant or Not? http://bit.ly/aDzDWL]]> 1 trackback 0 0 23704 http://twitter.com/learnwestlaw/status/22723046586 2010-09-01 16:45:07 2010-09-01 21:45:07 RT @WestRefAttorney: New post: GPS Tracking – Warrant or Not? http://bit.ly/aDzDWL]]> 1 trackback 0 0
    WestlawNext Mobile - Research On The Move - Part I http://westreferenceatt.3fivelab.com/2010/09/westlawnext-mobile-research-on-the-move-part-i/ Thu, 02 Sep 2010 00:13:34 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2363 here, but haven't gone in-depth on some of the features included in our mobile version. This week the West Reference Attorneys will feature a series of posts demonstrating some of the tools you may find most helpful on this mobile platform. The tools highlighted this week are samples from customer requests and ones the West Reference Attorneys have found most helpful. WestlawNext mobile is accessible on any smart phone with internet/data capabilities. You can find specifications and requirements on our website here. The WestlawNext platform is, by far, the most complete offering to date. Many of the features you enjoy on WestlawNext are included in the mobile version as well. By entering http://next.westlaw.com on your mobile device (I used my Blackberry Bold), WestlawNext will automatically detect your phone and adjust accordingly. Once you are signed in, you will notice access to the familiar search functions of WestlawNext, your folders, and our extensive library of content. The customer I was speaking with was searching for hearsay rule in Texas to exclude testimony. Running a WestSearch on that phrase yields 505 cases, but WestlawNext recognizes the rule and offers it up in a nice, easy-to-click blue box. When we clicked on the rule, we saw the full text of the rule as well the Commentary, Related Research, and Notes of Decisions. Within just a few seconds we had not only been able to find the appropriate rule, but also case law to support her argument in court.  Access is included in your WestlawNext subscription and you can bill for the research time and retreive your searches and documents when you return to WestlawNext on your regular computer. Tomorrow will feature how to empty all your file boxes for trial into your handheld device. Also, please let us know if you find the mobile version to be particularly helpful in your practice or in court. We'd love to hear your stories and share them (with your permission of course).]]> 2363 2010-09-01 19:13:34 2010-09-02 00:13:34 open open westlawnext-mobile-research-on-the-move-part-i publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_twitter _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_jd_wp _jd_wp_twitter _jd_post_meta_fixed _wp_old_slug _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_yourls _wp_jd_url _wp_jd_target 23705 http://twitter.com/westrefattorney/status/22753495759 2010-09-02 00:13:37 2010-09-02 05:13:37 New post: WestlawNext Mobile - Research On The Move - Part I http://bit.ly/cHb8GY #mobile #WestlawNext]]> 1 trackback 0 0 23706 criminalact2003@gmail.com http://crime-and-justice.com/ 117.96.136.79 2011-02-02 22:01:08 2011-02-03 04:01:08 0 0 0 Netflix - Attempting to Change Patent Law to Deter Frivolous Litigation http://westreferenceatt.3fivelab.com/2010/09/netflix-attempting-to-change-patent-law-to-deter-frivolous-litigation/ Thu, 02 Sep 2010 13:43:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2396 recent denial of their request for attorneys fees incurred defending a patent claim (2010 WL 1293379).  Netflix and BlockBuster among others were sued by Media Queue for supposed patent infringement.  The Northern District of California granted summary judgment for Netflix.  However the US District Court also denied the request by Netflix for over $1,000,000 in attorneys fees.  Netflix appealed this decision to the Federal Circuit, and after the Federal Circuit at first sided with Media Queue, Netflix has moved for rehearing en banc (672 F.Supp.2d 1022).  Netflix would like the court to adopt a more liberal standard for awarding attorneys fees, it is hoped that this will act as a deterrent to future baseless patent claims.  Netflix would have the courts apply an “objectively reckless” standard for awarding attorneys fees. Depending on what the Federal Circuit decides to do with this case, it could end up being very important precedent.  You can set up a Docket Alert to track developments in this case with the docket number 10-1199. ]]> 2396 2010-09-02 08:43:44 2010-09-02 13:43:44 open open netflix-attempting-to-change-patent-law-to-deter-frivolous-litigation publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_twitter _edit_last _topsy_cache_timestamp _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _wp_old_slug _topsy_long_url topsy_short_url _slidedeck_slide_title 23707 http://twitter.com/westrefattorney/status/22798969627 2010-09-02 13:43:47 2010-09-02 18:43:47 New post: Netflix - Attempting to Change Patent Law to Deter Frivolous Litigation http://bit.ly/cx0sW5 #attorneys_fees #netflix]]> 1 trackback 0 0 23708 http://twitter.com/westlawschool/status/22808884149 2010-09-02 15:45:51 2010-09-02 20:45:51 RT @WestRefAttorney Netflix - Attempting to Change Patent Law to Deter Frivolous Litigation http://bit.ly/9hXbzn #lawschool #IP]]> 1 trackback 0 0 23709 Rovere59@aol.com http:// 72.129.76.7 2011-07-29 05:53:37 2011-07-29 10:53:37 netflix price increase for the streaming and dvd service? to be honest we dont really care too much because if you think about it, the more you pay the more content they can purchase for viewers and in the end subscribers will be happy once again. but what do i know?]]> 0 0 0 Glenn Beck and Westlaw http://westreferenceatt.3fivelab.com/2010/09/glenn-beck-and-westlaw/ Fri, 03 Sep 2010 13:33:23 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2425 "liberation theology" & obama in both CNNGLENNBECK and FOXGLENNBECK.]]> 2425 2010-09-03 08:33:23 2010-09-03 13:33:23 open open glenn-beck-and-westlaw publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug 23710 http://twitter.com/westrefattorney/status/22887162318 2010-09-03 13:33:27 2010-09-03 18:33:27 New post: Glenn Beck and Westlaw http://bit.ly/cinLFV]]> 1 trackback 0 0 23711 http://twitter.com/legalcurrent/status/22890124705 2010-09-03 14:10:53 2010-09-03 19:10:53 Looking for a transcript of a news talk show? Try Westlaw http://bit.ly/cinLFV (via @WestRefAttorney)]]> 1 trackback 0 0 It's all about the Money, Honey. http://westreferenceatt.3fivelab.com/2010/09/its-all-about-the-money-honey/ Tue, 07 Sep 2010 17:14:38 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2456 “If the bee disappears from the surface of the Earth, man would have no more than four years left to live.” Given their vital role in civilization (and my garden), my antennae perked up a bit when I read of the feds prosecuting “honey laundering”.  Yes, honey laundering. According to AOL News:
    Eleven Chinese and German executives and six of their food supply and honey export companies were charged Wednesday with 44 counts of conspiring to illegally import Chinese-origin honey, including honey tainted with antibiotics, into the U.S. by mislabeling it as originating in other countries to avoid paying anti-dumping fees.
    Apparently, the whole honey laundering scheme was meant to avoid $80 million worth of anti-dumping duties. Dumping occurs when a foreign country exports goods for a price lower than what it would charge within its home country.  For more on the anti-dumping statutes (once 19 U.S.C.A. §§ 160 et seq., now 19 U.S.C.A. §§ 1671 et seq.), see Callman on Unfair Competition (CALLMANN § 7:30). The problem with Chinese honey?  It contains “small amounts of the antibiotics and antibacterial drugs Ciprofloxacin, Norfloxacin, Chloramphenicol and Furazolidone.” Delicious. For more on the criminal side, check out  complaint, 126 DRUMS OF HONEY SEIZED ON APRIL 4, 2008...(2009 WL 2967051, docket 1:09cv05530):
    This forfeiture action is brought pursuant to Title 18, United States Code, Section 981(a)(1)(C), in that the defendant goods, consisting of honey, were knowingly imported or brought into the United States in violation of Title 18, United States Code, Sections 542 and 545.
    By the way, allergy sufferers might want to read up on the potentially unmatched health benefits of eating local honey.]]>
    2456 2010-09-07 12:14:38 2010-09-07 17:14:38 open open its-all-about-the-money-honey publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug
    Stossel Defamation http://westreferenceatt.3fivelab.com/2010/09/stossel-defamation/ Mon, 13 Sep 2010 20:44:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2428 Sherrod situation has brought a recent influx of questions on libel and slander.  The Stossel decision has potential impact on the Sherrod case as discussed in this Wall Street Journal Law Blog article.  The Reuter’s article on the Stossel decision is here. The Ninth Circuit’s appellate decision for Stossel can be found at 2010 WL 3307482. The lower court docket for the Stossel case can be seen here:  2:08CV03936.  If you are just starting a defamation investigation, there are several great resources on Westlaw and WestlawNext (Defamation: A Lawyer’s Guide, Law of Defamation, and Sack on Defamation) that include a Table of Contents that makes it easy for you to find the defamation topic you are interested in researching.]]> 2428 2010-09-13 15:44:56 2010-09-13 20:44:56 open open stossel-defamation publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug 23712 http://twitter.com/westrefattorney/status/24413725204 2010-09-13 20:44:59 2010-09-14 01:44:59 New post: Stossel Defamation http://bit.ly/avOe9c]]> 1 trackback 0 0 23713 http://twitter.com/westlawschool/status/24498460711 2010-09-14 18:22:50 2010-09-14 23:22:50 RT @WestRefAttorney New post: Stossel Defamation http://bit.ly/bBpqG7]]> 1 trackback 0 0 German Copyright Law http://westreferenceatt.3fivelab.com/2010/09/german-copyright-law/ Tue, 07 Sep 2010 18:31:38 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2461 D.M.C.A.'s safe-harbor provisions saving it from massive copyright infringement liability. See 2010 WL 2532404.    The AP is now reporting that a German court found YouTube's efforts do not save it from liability for the infringement of works uploaded by Sarah Brightman fans:
    The Hamburg state court said the standardized question to users about whether they have the necessary rights to publish material is not enough to relieve YouTube of the legal responsibility for the content, especially because the platform can be used anonymously.
    Of course, German and US copyright law differ.  They differ fundamentally:
    German copyright law follows the droit d'auteur approach that differs substantially from the approach in the Anglo-Saxon legal system.  The droit d'auteur system is based on the rights of authors to reap the fruits of their creations, to obtain rewards for their contributions to society and to protect the integrity of their creations. Justification of copyright is, according to the classic copyright doctrine, primarily based on these arguments, which focus on the protection of the author. Promotion of the progress of science and arts or the incentive to stimulate artistic and scientific creativity for the public good are also cited as justifications for copyright law, but only with secondary significance. 22 CDZAELJ 401
    The document cited above was found with the following query:

    Intellectual Property Texts and Periodicals: ip-tp

    Query: ti(german! and copyright)

    Other overviews of German Copyright Law: Eckstrom's Licensing in Foreign and Domestic Operations (ECKLICN) and Copyright Throughout the World (COPYWORLD) both have chapters dedicated to an overview of German copyright law. ]]>
    2461 2010-09-07 13:31:38 2010-09-07 18:31:38 open open german-copyright-law publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url 23714 http://twitter.com/westlawschool/status/23919494663 2010-09-08 14:39:47 2010-09-08 19:39:47 via @WestRefAttorney German Copyright Law and YouTube http://bit.ly/9PxTvf #IP #lawschool]]> 1 trackback 0 0 23715 http://www.westlawinsider.com/2010/09/german-copyright-law/ 96.30.32.30 2010-09-28 13:14:12 2010-09-28 18:14:12 0 pingback 0 0
    The Abercrombie Look http://westreferenceatt.3fivelab.com/2010/09/the-abercrombie-look/ Tue, 07 Sep 2010 21:32:59 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2465 nd, Case number 5:10-CV-03911, and assigned to Judge Howard Lloyd.  According to the E.E.O.C. press release (2010 WLNR 17415315), in March 2008, an 18-year-old female applied for a job stocking merchandise at the "Abercrombie Kids" store at the Great Mall in Milpitas, Calif. In accordance with her religious beliefs, she wore a colorful headscarf to her interview. According to the EEOC, the Abercrombie & Fitch manager asked if she was Muslim and required to wear a head scarf, then marked "not Abercrombie look" on the young woman's interview form. The EEOC's suit alleges that Abercrombie & Fitch refused to accommodate the applicant's religious beliefs by granting an exception to its "Look Policy," an internal dress code that includes a prohibition against head coverings. The first case, EEOC v. Abercrombie & Fitch d.b.a. Abercrombie Kids (Case No. 4:09cv602 in the U.S. District Court for the Northern District of Oklahoma) was filed by the St. Louis District Office of the E.E.O.C. in September 2009. Both cases are premised on Title VII of the Civil Rights Act of 1964 that prohibits discrimination based on religion (42 U.S.C.A. § 2000e-2) , and requires employers to accommodate the sincerely held religious beliefs or practices of employees, unless doing so would impose an undue hardship on the business. The EEOC press release notes that, "This is not the first wake-up call for Abercrombie & Fitch. In 2005, the company agreed to a six-year consent decree and paid $40 million to a class of African Americans, Asian Americans, Latinos, and women. Why? They were sued by EEOC and private litigants for refusing to recruit, hire, promote, and retain minorities because they did not fit Abercrombie's 'All-American look.' This latest case was filed just days after another Muslim woman from California received national attention for filing a complaint with the U.S. Equal Employment Opportunity Commission against the Walt Disney Company’s Grand Californian Hotel & Spa for not responding to her request to wear a hijab at work. The EEOC press releases can be found in the EEOCDOCS database.  Try

    Query: hijab

    Results: 3

    EEOC decisions are in FLB-EEOC. ]]>
    2465 2010-09-07 16:32:59 2010-09-07 21:32:59 open open the-abercrombie-look publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _wp_jd_url _wp_jd_yourls _wp_jd_wp _jd_wp_twitter _wp_jd_target _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url 23716 http://twitter.com/westrefattorney/status/23272442142 2010-09-07 21:33:02 2010-09-08 02:33:02 New post: The Abercrombie Look http://bit.ly/ddWy9v]]> 1 trackback 0 0 23717 wulaishiwo@gmail.com http://goabercrombie.wordpress.com/ 70.39.235.173 2011-03-27 09:25:11 2011-03-27 14:25:11 0 0 0 23718 nimabi@worinimagebelede.com http://www.worinimagebelede.com/ 200.19.128.2 2011-09-13 02:31:31 2011-09-13 07:31:31 0 0 0
    The Department of Justice Sues Sheriff Joe http://westreferenceatt.3fivelab.com/2010/09/the-department-of-justice-sues-sheriff-joe/ Wed, 08 Sep 2010 16:33:54 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2489 sued by the United States Department of Justice.  The complaint, available on Westlaw at 2010 WL 3436735, alleges that the sheriff’s office has refused to cooperate with a Federal investigation into possible violations of Title VI of the Civil Rights Act of 1964.  It states, in part:
    Since March 2009, the United States has attempted to secure Defendants' voluntary cooperation with the United States' investigation of alleged national origin discrimination in Defendants' police practices and jail operations. Despite notice of their obligation to comply in full with the United States' requests for information, Defendants have refused to do so. Defendants' refusal to cooperate with reasonable requests for information regarding the use of federal funds is a violation of Defendants' statutory, regulatory, and contractual obligations.
    The docket for the case is also available on Westlaw, and can be tracked via the “Track this Docket” link if you want to receive notification of all new filings in the case.  A search of the Arizona State and Federal Dockets database (DOCK-AZ-ALL) for PTN(arpaio) & FLD(aft 12/31/2009) will return not only the docket for this case, but also dockets for other recent litigation involving “America’s Toughest Sheriff” (Note: sort the results by Filing Date to view the most recently filed cases first). There are also numerous law review and journal articles that mention Sheriff Arpaio.  A search in the All Law Reviews, Texts & Bar Journals database (TP-ALL) for Joe Joseph /2 Arpaio returns 85 documents.  Many of these discuss Sheriff Arpaio’s aggressive enforcement of immigration laws, which is apparently what prompted the DOJ’s investigation.  ]]>
    2489 2010-09-08 11:33:54 2010-09-08 16:33:54 open open the-department-of-justice-sues-sheriff-joe publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url 23719 http://twitter.com/westrefattorney/status/23929076477 2010-09-08 16:33:57 2010-09-08 21:33:57 New post: The Department of Justice Sues Sheriff Joe http://bit.ly/cGCooL]]> 1 trackback 0 0 23720 http://twitter.com/westlawschool/status/23933326772 2010-09-08 17:29:03 2010-09-08 22:29:03 RT @WestRefAttorney New post: The Department of Justice Sues Sheriff Joe http://bit.ly/9VkbIy #lawschool]]> 1 trackback 0 0 23721 Geogs@spappy.com 188.163.64.50 2012-03-17 04:58:11 2012-03-17 09:58:11 0 0 0
    Inevitable Disclosure of Trade Secrets - Hurd at Oracle http://westreferenceatt.3fivelab.com/2010/09/inevitable-disclosure-of-trade-secrets-hurd-at-oracle/ Wed, 08 Sep 2010 22:34:16 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2501 seeking an injunction to prevent it's recently terminated CEO, Mark Hurd, from joining the ranks at Oracle.  Finding cases where one party is seeking an injunction to prevent the disclosure of trade secrets is not difficult.  However, we regularly take questions regarding how to find cases where the court approves of an injunction preventing the hire of an employee.  One solution for this challenge is to run searches for inevitable disclosure or threatened missappropriation:

    Database: allcases

    Query: di,sy(inevitable threatened +4 disclosure missappropriation and trade-secret)

    First result from query run today:

    Granting preliminary injunction to enjoin former senior executive from working for direct competitor to protect former employer's trade secrets from being disclosed in violation of Pennsylvania Uniform Trade Secrets Act (PUTSA) was consistent with generalized public interest in upholding inviolability of trade secrets and enforceability of confidentiality agreements, although there was public interest in employers being free to hire whom they pleased and in employees being free to work for whom they pleased. 12 Pa.C.S.A. §§ 5302, 5303(a).
    Bimbo Bakeries USA, Inc. v. Botticella  2010 WL 2902729 (C.A.3 (Pa. (C.A.3 (Pa.),2010)
    ]]>
    2501 2010-09-08 17:34:16 2010-09-08 22:34:16 open open inevitable-disclosure-of-trade-secrets-hurd-at-oracle publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url 23722 http://twitter.com/westrefattorney/status/23953822705 2010-09-08 22:34:20 2010-09-09 03:34:20 New post: Inevitable Disclosure of Trade Secrets - Hurd at Oracle http://bit.ly/cE3Bmi]]> 1 trackback 0 0 23723 http://twitter.com/westlawschool/status/24108933713 2010-09-10 14:28:48 2010-09-10 19:28:48 via @WestRefAttorney New Post: Inevitable Disclosure of Trade Secrets – Hurd at Oracle http://bit.ly/bFQKjR #lawschool #tradesecrets]]> 1 trackback 0 0 23724 2010-09-08 22:34:20 2010-09-09 03:34:20 ]]> 1 trackback 0 0 23725 support@starbriteproducts.com http://www.getanswersmakemoney.com 50.29.106.174 2011-10-12 07:20:38 2011-10-12 12:20:38 0 0 0
    Forms, Exhibits, and Model Docs...Oh My! http://westreferenceatt.3fivelab.com/2010/09/forms-exhibits-and-model-docs-oh-my/ Fri, 10 Sep 2010 12:23:02 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2510
    MODELDOC-ALL: The MODELDOC databases contain many sample agreements, contracts, and other transactional documents.  These are actual documents that were filed as exhibits with the S.E.C. (i.e. attached to an 8-K filing); our editors have made them helpfully available by giving them their own database for easy searching.  These agreements can encompass Bankruptcy, Business, Employment, Intellectual Property, and Real Property issues.  For example, if you’re looking for a sample merger agreement and can’t find one you like the forms database, MODELDOC-M&A may be the place for you. EXHIBITS-ALL: EXHIBITS-ALL is a new database released at the end of last year that contains selected exhibits that were attached to pleadings or motions filed in both federal and state court actions.  Both textual and graphical exhibits are available.  This can be another good resource to search in when you’re looking for a document that might have been attached to a complaint, like a letter.
    For example, let’s say you’re looking to write a “cease communication” letter to a credit agency pursuant to 15 USC 1692c (the Fair Debt Collection Practices Act).  You’ve tried a couple searches in FORMFINDER for “fair debt collection practices act” f.d.c.p.a. & ceas! but can’t seem to find anything on point. Try running that search again in EXHIBITS-ALL.  You should now get several sample cease-and-desist letters to assist you.  Check out, for example, the second result, titled “Cease and Desist.” ]]>
    2510 2010-09-10 07:23:02 2010-09-10 12:23:02 open open forms-exhibits-and-model-docs-oh-my publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _topsy_long_url _wp_old_slug topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title 23726 http://twitter.com/westrefattorney/status/24099578549 2010-09-10 12:23:05 2010-09-10 17:23:05 New post: Forms, Exhibits, and Model Docs...Oh My! http://bit.ly/9JxNXM]]> 1 trackback 0 0
    Cell Site Location Information http://westreferenceatt.3fivelab.com/2010/09/cell-site-location-information/ Fri, 10 Sep 2010 15:59:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2516 rd Circuit on Tuesday September 7th handed down a much anticipated decision  dealing with the Governments attempts to get cellular network positioning information  without a warrant (2010 WL 3465170). The dispute stems from the Governments attempts to obtain cell site location information (CSLI)  regarding a particular subscriber under the Stored Communications Act (18 U.S.C.A. §§ 2701 et seq.). CSLI is information that cellular providers maintain regarding the location of their customers when they make a call.  Whenever a cellular customer makes a phone call, the cellular providers record what tower transmitted the call, as well as what “face” of the antenna was used to receive the call. The police argue that this is valuable information for proving that individuals were at certain locations at particular times.  In this case, they requested the information under the Stored Communications Act provision that allows the Government to obtain the information by getting a court order merely upon a showing of the information’s relevance and materiality of the data to an ongoing criminal investigation.  This Act relieves the Government in certain situations of having to get a warrant and show probable cause. In this case, the lower court refused to grant the order, and in a rare occurrence the order denying the request was joined by the other judges in the district.  The lower court held that the Stored Communication Act did not apply and that the CSLI records could only be obtained upon a showing of probable cause. The 3rd Circuit here decided that the Stored Communications Act does not necessarily require that Probable Cause be shown in order to obtain this data.  Having decided that the lower court’s decision would not stand, much of the later decision dealt with the Government’s contention that if it met the requisite showing under the Stored Communications Act then the Magistrate must grant the order.  The 3rd Circuit did not agree, in addressing the legislative history they concluded that the magistrate might have discretion to require probable cause and a warrant under some circumstances.  The 3rd Circuit then remanded to the lower court for further consideration. For more on the Stored Communications Act, see Chapter 9 of Data Security and Privacy Law: Combating Cyberthreats; specifically,  DATASPL § 9:17 et. seq.]]> 2516 2010-09-10 10:59:00 2010-09-10 15:59:00 open open cell-site-location-information publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _topsy_cache_timestamp _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url 23727 http://twitter.com/westrefattorney/status/24116609592 2010-09-10 15:59:03 2010-09-10 20:59:03 New post: Cell Site Location Information http://bit.ly/9UlEO3]]> 1 trackback 0 0 23728 http://twitter.com/westlawschool/status/24117694581 2010-09-10 16:11:54 2010-09-10 21:11:54 Cell Site Location and Stored Communications Act (via @WestRefAttorney) http://bit.ly/dlbYr0 #datasecurity #privacylaw #lawschool]]> 1 trackback 0 0 23729 http://twitter.com/jose3tx/status/24118686605 2010-09-10 16:23:59 2010-09-10 21:23:59 RT @WestLawSchool: Cell Site Location and Stored Communications Act (via @WestRefAttorney) http://bit.ly/dlbYr0 #datasecurity #privacyla ...]]> 1 trackback 0 0 23730 87Ventimiglia@live.com http://halemetalice 77.243.116.113 2012-03-22 17:45:01 2012-03-22 22:45:01 0 0 0 23731 l.al.shypepycle@gmail.com http://www.jpmonclers.com/ 175.44.6.255 2013-01-21 15:27:37 2013-01-21 21:27:37 モンクレール レディース ダウン モンクレー 店舗 モンクレール ジャケット モンクレール アウトレット モンクレール 神戸 ]]> 0 0 0 School Days and Amusing Law Reviews http://westreferenceatt.3fivelab.com/2010/09/school-days-and-amusing-law-reviews/ Tue, 14 Sep 2010 14:26:43 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2530 is possible) I felt.  I can hear indications of many of these same feelings in the voices of the students with whom I speak. For those students, and for everyone else reading this, I’d like to offer a link to an essay that provided some much-needed comic relief for my classmates and me during my first semester of law school.  The article was written in 1991, so some of the references (e.g., the discussion of LSAT scoring) are a little dated, but it is still good for several laughs.  The article, written by James D. Gordon III and entitled “How Not to Succeed in Law School,” can be found at 100 YLJ 1679.  It’s a cynically humorous take on the entire law school process, from taking the LSAT and choosing a school to graduation. If you’d like to read more humorous law review articles, check the KeyCite Citing References for the aforementioned essay.  One of the Citing References, “A Compendium of Clever and Amusing Law Review Writings,” true to its title, links to several clever and amusing articles. ]]> 2530 2010-09-14 09:26:43 2010-09-14 14:26:43 open open school-days-and-amusing-law-reviews publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _wp_jd_clig _wp_jd_bitly _jd_twitter _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url 23732 http://twitter.com/westrefattorney/status/24479836374 2010-09-14 14:26:46 2010-09-14 19:26:46 New post: School Days and Amusing Law Reviews http://bit.ly/cmLjcQ]]> 1 trackback 0 0 23733 http://twitter.com/westlawschool/status/24480524795 2010-09-14 14:34:52 2010-09-14 19:34:52 School Days and Amusing Law Reviews (via @WestRefAttorney) http://bit.ly/dbJnEj #lawschool #lawreview]]> 1 trackback 0 0 23734 http://twitter.com/mnlawschoolwl/status/27884170533 2010-10-20 00:33:30 2010-10-20 05:33:30 RT @WestRefAttorney: School Days and Amusing Law Reviews http://bit.ly/cXleNg]]> 1 trackback 0 0 Frequent Filer of Frivolous Lawsuits Sues Betty Crocker and Lambeau Field http://westreferenceatt.3fivelab.com/2010/09/frequent-filer-of-frivolous-lawsuits-sues-betty-crocker-and-lambeau-field/ Thu, 16 Sep 2010 18:47:38 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2540 Wall Street Journal’s Law Blog yesterday had a story regarding a federal inmate and frequent frivolous litigant Jonathan Lee Riches.  It seems that the United States District Attorney for the Eastern District of Kentucky has attempted to obtain an injunction preventing Mr. Riches from filing documents in any court unless a  federal judge determines that they have a basis in law and fact. Mr. Riche’s history of filing lawsuits that are later dismissed as frivolous is quite long.  His filings are often hard to understand, and his list of parties are also sometimes confusing.  A search of: AT(LEE-RICHES) & PRO-SE INMATE-MAIL CORRECTIONAL-INSTITUTION Returns over 2,000 results in DOCK-ALL, although in fairness they may not all be Mr. Lees cases, they are simply anything with Lee Riches in the attorney field with pro se, inmate mail, or correctional institution elsewhere in the document.  One docket in particular stands out (and has a new motion filed as of July 30th 2010) as having a very strange mix of parties, some of the extremely numerous names: We start out with the usual individuals: GEORGE W. BUSH INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE UNITED STATES OF AMERICA RICHARD B. CHENEY VICE PRESIDENT CONDOLEEZA RICE SECRETARY OF STATE No real surprises there for a case filed in 2006.  However the list of parties also contains foreign governments and celebrities: KINGDOM OF SAUDI ARABIA JEWISH STATE OF ISRAEL THE VATICAN JERRY WEST VICE PRESIDENT OF THE LOS ANGELES LAKERS TONY DANZA ANNA NICHOLE SMITH BRAD PITT AND HIS ADOPTED SON MADDOX PITT/JOLIE SADDAM HUSSEIN But more strangely included are a large list of inanimate objects, geographical places, long dead historical figures, wholly fictional product spokespeople and sometimes ephemeral concepts that have no physical existence.  Some examples: VIENNA CONVENTION MAGNA CARTA TSUNAMI VICTIMS FRUIT OF A-LOOM [sic.] PLATO MEIN KAMPF NORDIC GODS THE DA VINCI CODE MT. RUSHMORE GREEN BAY'S LAMBEAU FIELD MING DYNASTY GANGS IN HONG KONG THE APPALACHIAN TRAIL THE COLOSSUS OF RHODES BETTY CROCKER LIBERTY BELL This is a very small sampling of the parties.  You can find the entire list by clicking the link above. ]]> 2540 2010-09-16 13:47:38 2010-09-16 18:47:38 open open frequent-filer-of-frivolous-lawsuits-sues-betty-crocker-and-lambeau-field publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _jd_wp_twitter _wp_jd_target _wp_jd_yourls _wp_jd_wp _wp_jd_url _wp_jd_clig _wp_jd_bitly _jd_twitter _jd_tweet_this _jd_post_meta_fixed _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url 23735 http://twitter.com/westrefattorney/status/24688313044 2010-09-16 18:47:41 2010-09-16 23:47:41 New post: Frequent Filer of Frivolous Lawsuits Sues Betty Crocker and Lambeau Field http://bit.ly/a8a0Am]]> 1 trackback 0 0 23736 http://twitter.com/westlawschool/status/24689117000 2010-09-16 19:00:05 2010-09-17 00:00:05 Frequent Filer of Frivolous Lawsuits Sues a Strange Mix of Parties (via WestRefAttorney) http://bit.ly/dtFiw2 #lawschool]]> 1 trackback 0 0 23737 http://twitter.com/barrister1988/status/24689580279 2010-09-16 19:07:11 2010-09-17 00:07:11 RT @WestLawSchool: Frequent Filer of Frivolous Lawsuits Sues a Strange Mix of Parties (via WestRefAttorney) http://bit.ly/dtFiw2 #lawschool]]> 1 trackback 0 0 23738 2010-09-16 19:07:11 2010-09-17 00:07:11 RT @WestLawSchool: Frequent Filer of Frivolous Lawsuits Sues a Strange Mix of Parties (via WestRefAttorney) http://bit.ly/dtFiw2 #lawschool]]> 1 trackback 0 0 23739 lzcufyopepk@gmail.com http://wildbunch.fi/botanicalslimming.php 121.33.221.67 2013-07-03 02:20:06 2013-07-03 07:20:06 0 0 0 Duty to Confirm In-house Counsel’s Bar Status Before Discussing Privileged Information with Counsel http://westreferenceatt.3fivelab.com/2010/09/duty-to-confirm-in-house-counsels-bar-status-before-discussing-privileged-information-with-counsel/ Fri, 24 Sep 2010 20:00:02 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2546 In re Rivastigmine Patent Litigat., 237 F.R.D. 428.  Cott cites Wright and Miller’s Federal Practice and Procedure sec. 5480 : “[I]nactive or retired membership that does not permit the member to practice law will not suffice.”  The Order stated that “Moss did not possess the type of bar membership that authorized him to engage in the practice  of law.  California explicitly limits the practice of law to active members.”  Cal. Bus. & Prof. Code Sec. 6125.  Since Moss had no bar membership authorizing him to practice law in any jurisdiction, Gucci’s communications would not satisfy any standard of the attorney-client privilege. The court’s order continues to look at the federal common law that a client can avail itself of the privilege if the client can demonstrate that it reasonably believes the person (Moss) was authorized to practice law.  In this case, however, Gucci cannot make this claim.  Once Gucci promoted Moss to a legal position, it was obligated to conduct some due diligence to confirm Moss’s professional status as an attorney.  Minimal due diligence includes that Gucci confirm Moss was licensed in some jurisdiction, that the license authorized him to practice law, and that he was not suspended from practicing or faced disciplinary sanctions. This Memorandum and Order appears to place a burden on corporations, and potentially outside counsel, to check in-house counsel’s bar status before discussing privileged corporate information with that counsel and most certainly before placing any documents involving that counsel on a privilege log in front of opposing counsel.  Corporations can easily confirme in-house attorney licensure by using the appropriate Individual State  ATTYLICENSE-XX  database on Westlaw.]]> 2546 2010-09-24 15:00:02 2010-09-24 20:00:02 open open duty-to-confirm-in-house-counsels-bar-status-before-discussing-privileged-information-with-counsel publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url A Thief Cannot Pass Good Title http://westreferenceatt.3fivelab.com/2010/09/a-thief-cannot-pass-good-title/ Mon, 20 Sep 2010 15:22:36 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2556 Fritz Grunbaum, a Jewish cabaret performer as he attempted to flee Europe.  He was deported to Dachau and died there in 1941.  During his incarceration, Grunbaum was forced to execute a power of attorney which effectively divested him of his property including a work of art by the Viennese artist, Egon Schiele.  The work found its way to Swiss art gallery and then to New York where David Bakalar, a Massachusetts resident, purchased it for $4300. Earlier this month, the Second Court of Appeals vacated a Southern District of New York judgment and held that New York law, not Swiss law applied to Mr. Bakalar’s declaratory judgment action.  See 2010 WL 3435375.  In New York, unlike Switzerland, a thief cannot pass good title.  Stolen artwork, the Second Circuit concluded, belongs to the original owner. Raymond J. Dowd is a partner and member of Dunnington, Bartholow and Miller's intellectual property and art law practice groups. He has broad commercial litigation experience and is author of the Copyright Litigation Handbook (on Westlaw at COPYLITIG).  He also writes the Copyright Litigation Blog (http://copyrightlitigation.blogspot.com/).  He represented the Grunbaum heirs. We interviewed Mr. Dowd last week. Reference Attorneys (RA):  Welcome and congratulations, Mr. Dowd. The focus of our blog is really nuts and bolts, legal research.  But, it’s hard to ignore the incredible story behind this litigation; from the tragedy at Dachau to what the court described as the “shadowy institution of the art gallery.”  I was especially struck, by the comments of the U.S. Consul General cited in the concurrence stating that there was “a curious respect for legalistic formalities.  The signature of the person despoiled is always obtained, even if the person in question has to be sent to Dachau in order to break down his resistance.” And, this, by historian Raul Hilberg, also cited by the concurrence:  “Lawyers were everywhere…again and again, there was a need for legal justifications.” Time has passed (and, we’re in the US) but, the Swiss law seems to perpetuate the ill effect of those ‘legalistic formalities.’  What does this say about our profession?

    Raymond Dowd (RD): The rise of Nazi Germany and the central role played by the legal profession shows how important it is to have an independent bar that actively promotes individual liberties and property rights in the face of state action, political pressures or unpopular causes.  Too many of us are silent when rights guaranteed by the Constitution are infringed, particularly when those rights belong to an unpopular minority.

    RA: As an experienced litigator, how do you view your role in righting this wrong?

    RD: Specific to the Nazi spoliation of Jews 1933 through 1942, I have been able, with the help of the world’s leading historian in the area, to reconstruct the legal environment in position at the time.  We had to take Nazi-era legal documents, decrees and other evidence scattered in various publications and tie them together to demonstrate that Jews weren’t simply voluntarily abandoning their property en masse, that there were legal coercions such  taxes and as 90% confiscatory foreign exchange rates that pauperized anyone wishing to flee the country.

    RA: Also, I mention the $4300 price tag because there’s obviously more at stake here than the value of a work of art.  How would you characterize the ‘value’ of this case?

    RD: I have spend five years of my life on this case, often with the evidence of hundreds of thousands of murders on my desk or a nearby bookshelf.   The massive spoliation of Jews has been overshadowed in history by the horror of the murders.  For a full picture of history, we must realize that 8-9% of Germany’s budget of 1938-39 was stolen from Jews.  When we put the profit motive into the Holocaust, it gives us a new understanding of why the murders took place and how the Nazis exterminated a pauperized population.

    RA: I was surprised by the amount of materials related to stolen and looted art.  This case sites to several publications.  Is there a resource you relied on or might recommend?

    RD: It is estimated that over 600,000 artworks stolen by the Nazis alone are still missing.  Many books have been written, it really depends on the country and era.  For provenance researchers, there is the American Association of Museums Guide to Provenance Research.  There are reports on stolen art that date back to the 1940’s and websites of many of the major museums report on dubious provenances in their collections.

    RA: What can you tell us about the ‘art law?’  Is this a growing practice area?

    RD: I think that art and cultural property will grow in significance as a practice area.  Now the number of practitioners is relatively small.  But U.S. museums have enjoyed explosive growth, and the US public has taken to art collecting and contemporary art like never before.   As in any other multi-billion dollar industries, lawyers are needed.

    RA: Is it limited to stolen and looted art?

    RD: No, there is a significant legal trade in art and artworks and a myriad of problems that implicate everything from construction law to labor law.

    RA: Do you have a sense for how big the problem of looted and stolen art is?

    RD: I hear statistics that the illicit art trade is just behind the illegal arms and drug trades.

    RA: Customers reading this case will be calling Reference Attorneys for the Austrian Nullification Act, Article 934 of the Swiss Civil Code, the Bergier Commission Report.  Are these materials provided exclusively by your experts, or is there a resource you enjoy for these kinds of historical and international material?

    RD: The Final Bergier Commission report is available online in English at http://www.uek.ch/en/index.htm.  I am not aware of any commercially available English-language translations of the Austrian or Swiss Civil Codes, we had to pay to translate these and relied on foreign law experts.   If you look at Cultural Property blogs, you can locate good resources.

    RA: I learned a new term of art; a work’s “provenance” significantly affects work’s value.  This sounds like a job for a history detective.  Any recommendations for researching a work’s “provenance?”

    RD: Attorneys and judges are not trained in historiography.  An attorney must work closely with provenance researchers or “art detectives,” as well as genealogists specialized in probate research and historians trained in art.  History is not logic.  I think that after learning a lot about the particular art, artist and historical context, an attorney can work well with these professionals to develop theories of a case or draw solid conclusions from historical documentation.

    RA: Finally, where I can our readers find you in the near future?  Are you presenting or participating in any upcoming events?

    RD: I will be speaking at the upcoming Federal Bar Association Convention in New Orleans, for more information, www.fedbar.org For more news on speaking enagements and Nazi-looted art, please subscribe to Copyright Litigation Blog (http://copyrightlitigation.blogspot.com/).

    ]]>
    2556 2010-09-20 10:22:36 2010-09-20 15:22:36 open open a-thief-cannot-pass-good-title publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url _wp_old_slug _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title _topsy_cache_timestamp 23740 http://twitter.com/westrefattorney/status/25034156237 2010-09-20 15:22:40 2010-09-20 20:22:40 New post: A Thief Cannot Pass Good Title http://bit.ly/abSmJU]]> 1 trackback 0 0 23741 http://twitter.com/westlawschool/status/25037361092 2010-09-20 16:01:29 2010-09-20 21:01:29 New Post: A Thief Cannot Pass Good Title http://bit.ly/b36xtD (via @WestRefAttorney)]]> 1 trackback 0 0 23742 http://twitter.com/barrister1988/status/25037853628 2010-09-20 16:07:29 2010-09-20 21:07:29 RT @WestLawSchool: New Post: A Thief Cannot Pass Good Title http://bit.ly/b36xtD (via @WestRefAttorney)]]> 1 trackback 0 0 23743 http://twitter.com/pandersonpllc/status/25079411936 2010-09-21 01:59:19 2010-09-21 06:59:19 "8-9% of Germany’s budget of 1938-39 was stolen from Jews" http://bit.ly/bAWk72]]> 1 trackback 0 0 23744 http://www.westlawinsider.com/2010/09/a-thief-cannot-pass-good-title/ 96.30.32.30 2010-09-27 08:44:26 2010-09-27 13:44:26 0 pingback 0 0 23745 Stingley46184@earthlink.net http://www.OnTopoftheNews.net 187.141.231.138 2010-12-16 01:48:04 2010-12-16 07:48:04 0 0 0 23746 MaisanoLunney933@yahoomail.com http://inkassoforum.ch/Forum/Datenverarbeitung/Schuldnerdaten_2?SID=0a06639bb1849f15d32b2142f7a23040a1d31323 84.73.221.146 2013-05-28 15:49:33 2013-05-28 20:49:33 0 0 0
    Senator Burris Seeks to Finish His Term http://westreferenceatt.3fivelab.com/2010/09/senator-burris-seeks-to-finish-his-term/ Tue, 21 Sep 2010 20:12:30 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2570 Chicago Sun-Times:
    Burris has said he wants more time in the Senate to continue what he called his important work on issues including Wall Street reform; health-care; small business legislation and attempts to change the military's “Don’t Ask, Don’t Tell” policies.
    The Supreme Court petition is available at 2010 WL 3611713.  It outlines the complicated factual and procedural background of this case, and alleges, in part:
    Despite the fact that the Seventeenth Amendment grants only the state legislature the power to “direct” an election to fill a vacant Senate seat, the district court found that it could unilaterally “formulate, as necessary, mechanisms for the conduct of a special election …” After refusing Senator Burris's request for full briefing on the issues, the district court proceeded to limit the field of candidates for the special election to those candidates who already had been added to the ballot for the regular election and to define other aspects of the special election.
    This case has not garnered a great deal of media attention, but presents some interesting legal questions.  To be informed of any Supreme Court opinion in this case,  create a WestClip in the SCT database with the following search: ti(burris). Or, track the docket at 10-367.]]>
    2570 2010-09-21 15:12:30 2010-09-21 20:12:30 open open senator-burris-seeks-to-finish-his-term publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _topsy_cache_timestamp _slidedeck_slide_title _jd_tweet_this _jd_twitter _wp_jd_wp _wp_jd_bitly _edit_last _wp_old_slug _wp_jd_yourls _wp_jd_url _wp_jd_target _wp_jd_clig _jd_wp_twitter _jd_post_meta_fixed _topsy_long_url topsy_short_url 23747 2010-09-21 20:12:34 2010-09-22 01:12:34 New post: Senator Burris Seeks to Finish His Term http://bit.ly/cnIQZz]]> 1 trackback 0 0 23748 http://twitter.com/westlawschool/status/25212998546 2010-09-22 13:51:52 2010-09-22 18:51:52 via @WestRefAttorney New Post: Senator Burris Seeks to Finish His Term http://bit.ly/acz5qf]]> 1 trackback 0 0 23749 http://twitter.com/westlaw/status/25317999440 2010-09-23 15:40:05 2010-09-23 20:40:05 RT @WestRefAttorney: New post: Senator Burris Seeks to Finish His Term http://bit.ly/cnIQZz]]> 1 trackback 0 0 23750 Scheuvront@gmail.com http://www.chesapeakeretrieverguide.com 24.9.64.205 2010-10-10 20:15:08 2010-10-11 01:15:08 0 0 0 23751 Steenbergen@gmail.com http://www.beauceronguide.com 24.9.64.205 2010-10-11 08:55:38 2010-10-11 13:55:38 0 0 0
    Goats on a Roof http://westreferenceatt.3fivelab.com/2010/09/goats-on-a-roof/ Thu, 23 Sep 2010 13:57:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2578 protecting his “goats on the roof”  trademark.  Lars Johnson owner of Al Johnson’s Swedish Restaurant recently settled a suit against a Georgia grocer who allowed goats to graze on his shop as a means to draw business. See docket 2:09-CV-00192. According to the registration Al Johnson’s began putting goats on the roof in 1973.  The Goats on the Roof trade mark may not be as famous as the Nike Swoosh.  But, having visited Door County, the goats on the roof certainly makes an impression.  In my travels around Wisconsin, everyone I met refers to this restaurant simply as the place with the “goats on the roof.” As far as I can tell, only my wife refers to the place as "Al Johnson's." One research note we discussed looking into this case: You may search using standard and Compu-Mark design codes in both domestic and international registration databases. (We used ALL-TM)  Keep in mind, however, the codes are standardized.  This means that Westlaw adds in leading zeros and eliminates the periods.  This is common for IP services that include international materials. So, the following design codes... Compu-Mark Design Codes
    3.4.11 Goats, sheep, moufflons, chamois
    6.7.6 Built-up areas composed of flat-roofed houses
    7.1.10 Flat-roofed houses
    7.3.11 Roofs
    TM Design Codes
    03.07 Bovines, Deer, Antelopes, Goats, Sheep, Pigs
    03.07.10 Goats, sheep, rams.
    07.07.03 Roofs.
    ..are translated by Westlaw as... Compu-Mark Design Codes
    030411 Goats, sheep, moufflons, chamois
    060706 Built-up areas composed of flat-roofed houses
    070110 Flat-roofed houses
    070311 Roofs
    TM Design Codes
    0307 Bovines, Deer, Antelopes, Goats, Sheep, Pigs
    030710 Goats, sheep, rams.
    070703 Roofs.
    So, one of our queries in ALL-TM, looked like this
    dcd(070703 & 0307!)
    ]]>
    2578 2010-09-23 08:57:08 2010-09-23 13:57:08 open open goats-on-a-roof publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url 23752 http://liuliu.trivani287.idv.tw/?p=24 202.133.249.71 2010-10-03 04:44:32 2010-10-03 09:44:32 0 pingback 0 0
    Florida ban on adoption by Homosexuals struck down http://westreferenceatt.3fivelab.com/2010/09/florida-ban-on-adoption-by-homosexuals-struck-down/ Wed, 22 Sep 2010 22:08:37 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2590 affirmed a trial court, finding that F.S.A 63.042(3) violates the Equal Protection provision found in Article I, Section 2, of the Florida Constitution.  The court upheld an adoption by a homosexual parent where both sides agreed that it would be in the best interest of the children and that the father is a fit parent. The Court concluded that there was no rational basis for the statute banning homosexual adoption, and while recognizing that the legislature is allowed to make classifications when enacting statutes,
    The classifications must, however, be “based on a real difference which is reasonably related to the subject and purpose of the regulation.” Id. (Emphasis added). “The reason for the equal protection clause was to assure that there would be no second class citizens.” Ostendorf v. Turner, 426 So.2d 539, 545-46 (Fla.1982).
    The decision is available at 2010 WL 3655782 ]]>
    2590 2010-09-22 17:08:37 2010-09-22 22:08:37 open open florida-ban-on-adoption-by-homosexuals-struck-down publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url
    Texas Court Reverses Conviction Based on Dog Scent Lineup Evidence http://westreferenceatt.3fivelab.com/2010/09/texas-court-reverses-conviction-based-on-dog-scent-lineup-evidence/ Mon, 27 Sep 2010 16:03:21 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2618 reversed a murder conviction that was based on dog scent lineup evidence.  The opinion in Winfrey v. State is available at 2010 WL 3656064, and describes the scent lineup as follows:
    [The lineup] involved obtaining scent samples from clothing that the victim was wearing at the time of his death and from six white males, including appellant. The dogs were “pre-scented” on the scent samples obtained from the victim's clothing. The dogs then walked a line of paint cans containing the scent samples of the six white males. All three dogs alerted on the can containing appellant's scent sample.
    The scent lineup was conducted by Deputy Keith Pikett of the Fort Bend County Sheriff's office.  Deputy Pikett has conducted similar scent lineups for other cases in Texas.  A search in the Texas Cases (TX-CS) database for pikett /p scent returns 14 results.  Among the results is the Court of Appeals opinion in Winfrey v. State that the Court of Criminal Appeals reversed.  That opinion (291 S.W.3d 68) discusses in some detail the mechanics of the scent lineup conducted in this case. The Court of Criminal appeals eventually concluded that Winfrey was convicted solely on the basis of the scent lineup evidence, as there was neither physical evidence nor eyewitness testimony to support the conviction.  The opinion concludes:
    It cannot be denied that the jury and the court of appeals found the dog-scent lineup evidence in this case to be compelling. . .  But, the question essentially presented in this case is whether dog-scent lineup evidence alone can support a conviction beyond a reasonable doubt. And, while this evidence may raise a strong suspicion of appellant's guilt, we nevertheless decide that, standing alone, it is insufficient to establish a person's guilt beyond a reasonable doubt.
    ]]>
    2618 2010-09-27 11:03:21 2010-09-27 16:03:21 open open texas-court-reverses-conviction-based-on-dog-scent-lineup-evidence publish 0 0 post 0 _pingme _encloseme _topsy_long_url topsy_short_url _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url 23753 http://twitter.com/jose3tx/status/25707962054 2010-09-27 17:53:33 2010-09-27 22:53:33 RT @WestLawSchool: Texas Court Reverses Conviction Based on Dog Scent Lineup Evidence | West Reference Attorney Blog http://bit.ly/bWNSQK]]> 1 trackback 0 0 23754 http://liuliu.trivani287.idv.tw/?p=22 202.133.249.71 2010-10-03 04:43:40 2010-10-03 09:43:40 0 pingback 0 0
    It's not my fault we're irreconcilably different! http://westreferenceatt.3fivelab.com/2010/09/its-not-my-fault-were-irreconcilably-different/ Tue, 28 Sep 2010 14:13:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2623   On October 12th, New York’s new “no fault” divorce statute will become effective.  New York is the last state to adopt such a measure.  The new language can be found on Westlaw in NY LEGIS 384 (2010):
    The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.
     In “no fault” systems, petitioners are not required to plead fault, but can substantiate grounds for divorce typically consisting of an allegation that reconciliation is impossible.  Like New York’s new language, “irretrievable” breakdown is common among state laws, along with similar language like “irreconcilable differences,” “incompatibility” or “insupportability.” To find a particular state’s statutes regarding divorce, I recommend using the Statutory Index for the state.  Westlaw has statutory indices for all 50 states and they are linked from search pages and state tabs.  I like the indices, because the standardization of language allows you to find the right statutes whether you search for “dissolution,” “divorce,” or even “marriage.” Some other good reference pieces on Westlaw include:

    - Validity, construction, and effect of "no-fault" divorce statute providing for dissolution of marriage upon finding that relationship is no longer viable (55 A.L.R.3d 581)

    - 50 State Statutory Survey on Grounds of Divorce

    And don’t worry – you can still allege “fault” in many jurisdictions.  Some interesting grounds include:

    - “habitual intemperance” & “commission of any infamous crime involving a violation of conjugal duty” (Connecticut – C.G.S.A. 46b-40)

    - “indignities rendering life burdensome”  (Alaska – A.S. 25.24.050)

    - “when one spouse has sufficient pecuniary or physical ability to provide suitable maintenance for the other and, without cause, persistently refuses or neglects so to do” (Virginia - 15 V.S.A. 551)

      ]]>
    2623 2010-09-28 09:13:00 2010-09-28 14:13:00 open open its-not-my-fault-were-irreconcilably-different publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url
    One Thing You Can't Sell on eBay: Software http://westreferenceatt.3fivelab.com/2010/09/one-thing-you-cant-sell-on-ebay-software/ Tue, 28 Sep 2010 22:02:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2636 2010 WL 3516435, the Court vacated summary judgment for the seller and held that the original purchaser of the software was its licensee rather than its owner, and thus was precluded from reselling the software without the manufacturer’s consent. The Court rejected both the “first sale” doctrine and the “essential step” defense. What is particularly interesting about this case is its summary and discussion of Ninth Circuit case law concerning the owner vs. licensee status of software purchasers, starting on page 5. Examining a series of cases, the court writes:
    We read Wise and the MAI trio to prescribe three considerations that we may use to determine whether a software user is a licensee, rather than an owner of a copy. First, we consider whether the copyright owner specifies that a user is granted a license. Second, we consider whether the copyright owner significantly restricts the user's ability to transfer the software. Finally, we consider whether the copyright owner imposes notable use restrictions.
    You can read more about software licensing agreements in Chapter 10 of the treatise Intellectual Property Licensing: Forms and Analysis, available on Westlaw starting at IPLFA § 10.01. You can also see a few sample software licensing agreements at DLICA FORM 06 and TRDSECRT APP C1. ]]>
    2636 2010-09-28 17:02:47 2010-09-28 22:02:47 open open one-thing-you-cant-sell-on-ebay-software publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url 23755 http://twitter.com/gracesimms/status/25891625526 2010-09-29 15:13:55 2010-09-29 20:13:55 RT @WestLawSchool: New post: One thing you can't sell on eBay: software | West Reference Attorney Blog http://bit.ly/bW0hUt #IP]]> 1 trackback 0 0 23756 Duhe@gmail.com http://forums.whirlpool.net.au/archive/1953910 184.22.12.104 2012-08-15 23:09:00 2012-08-16 04:09:00 0 0 0
    Heartbreaking Tree-Pirates Scorned by the Common Law http://westreferenceatt.3fivelab.com/2010/09/heartbreaking-tree-pirates-scorned-by-the-common-law/ Wed, 29 Sep 2010 19:37:50 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2647 Virginia is for lovers, Nevada is for heartbreak. At least for the tree-lovers among us. The New York Times offers what could potentially be an obituary-in-advance.  The world’s oldest tree – Methuselah – is in a fight for its life.  At 4,800 years old, Methuselah was a mere sprout when the pyramids of Egypt were being built.  Now, Methuselah and its cohort of other Bristlecone trees in Nevada’s Great Basin National Park are under double assault:  White Pine Blister Rust and global warming.  Ecologists studying Methuselah and its brethren think the stressors placed on these trees by the encroaching fungus and increased temperatures might quickly prove deadly to these living wonders. While Methuselah’s death would be an immeasurable loss for all of us, what does an ancient tree have to do with our law today? A lot. The Common Law – like those all those tree lovers – developed with a keen appreciation for the value trees bring to our lives and livelihoods.  Trees are protected pieces of property for which courts and legislatures have crafted a variety of protections. Searching West’s Causes Of Action 2d for (tree /p damage) retrieves this:

    A cause of action for the wrongful cutting of trees or timber was traditionally available under the common law as a variety of trespass. See, e.g., Bumgarner v. Bumgarner, 124 Idaho 629, 862 P.2d 321 (Ct. App. 1993); Mundell v. Perry, 2 G. & J. 193, 1830 WL 1650 (Md. 1830). The availability of such actions has been supplemented [see, e.g., Eklund v. B.R. Lewis Lumber Co., 13 Idaho 581, 92 P. 532 (1907)], or replaced [see, e.g., Mehlhorn v. Derby, 2006 ME 110, 905 A.2d 290 (Me. 2006)], by statutory actions for timber trespass. Such statutes vary in the scope of their coverage: Some extend to include the injury of trees by the spraying of herbicide [see, e.g., Worman v. Columbia County, 223 Or. App. 223, 195 P.3d 414 (2008)]…Another court has held that the “intended targets of the timber trespass statute are those tree pirates and arboreal rustlers who trespass on another's property and remove timber to which they have no right.” Stanley v. Stanley, 181 Vt. 527, 2007 VT 44, 928 A.2d 1194 (2007).

    While your firm may not be able to sue anyone for Methuselah’s ailing, you may find yourself prosecuting timber-thieves or suing for looted lumber.  Keep COA in mind. I will be spending the next two weekends planting  apple trees, Burr Oaks and Autumn Blaze Maples.  One of which will certainly be named in honor of Methuselah.  I encourage you too to consider, in honor of the world's oldest tree, planting a tree this fall. ]]>
    2647 2010-09-29 14:37:50 2010-09-29 19:37:50 open open heartbreaking-tree-pirates-scorned-by-the-common-law publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url
    Juicy Suit: POM Advertising Deceptive According to the FTC http://westreferenceatt.3fivelab.com/2010/09/juicy-suit-pom-advertising-deceptive-according-to-the-ftc/ Thu, 30 Sep 2010 22:31:05 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2663 here):
    "Any consumer who sees POM Wonderful products as a silver bullet against disease has been misled," said David Vladeck, Director of the FTC's Bureau of Consumer Protection. "When a company touts scientific research in its advertising, the research must squarely support the claims made. Contrary to POM Wonderful's advertising, the available scientific information does not prove that POM Juice or POMx effectively treats or prevents these illnesses.
    As the Wall Street Journal and New York Times articles point out, POM Wonderful  knew this was coming and filed a pre-emptive suit earlier this month (see docket 1:10CV01539). If you are interested in the likely procedural and substantive storyline for this case or for anything related to the FTC, I suggest taking a look at the Federal Trade Commission treatise (FEDTRCOMM) on WestlawNext and Westlaw.  Also, the following example searches yielded related topical administrative decisions concerning scientific information used in health product advertising: WestlawNext: deceptive health product claims in advertising using science Federal Trade Commission (FTC) Westlaw:

    Database: FATR-FTC

    DECEP! /P HEALTH /S CLAIM ADVERTIS! /S SCIEN! (26 Docs

    Other helpful FTC & Deceptive Advertising Material include:

    Consumer Protection and the Law (CONPROT)

    Corporate Counsels Guide to Advertising Law and Agreements (ADVLAWA)

    ]]>
    2663 2010-09-30 17:31:05 2010-09-30 22:31:05 open open juicy-suit-pom-advertising-deceptive-according-to-the-ftc publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug 23757 http://liuliu.trivani287.idv.tw/?p=18 202.133.249.71 2010-10-03 04:43:22 2010-10-03 09:43:22 0 pingback 0 0
    Supreme Court FAQs http://westreferenceatt.3fivelab.com/2010/10/supreme-court-faqs/ Mon, 04 Oct 2010 21:09:15 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2683   Keeping on top of Supreme Court Research A question we get asked often is how soon does Westlaw have Supreme Court decisions? Given the importance of Supreme Court decisions, usually, the full text of a Supreme Court opinion is added to Westlaw within twenty minutes of the courts announcement of the decision. You can keep abreast of the decisions by setting up a WestClip to get automatically notified of the latest decisions handed down by the Supreme Court. As an example:

    Database: SCT Query: PR(SUPREME-COURT)

    The first time you run the above search, you will get thousands of cases but once you add it as a WestClip, the Clip will only update your research and notify you based on the frequency you select.   Excluding Supreme Court Orders from Supreme Court Cases Another question we get often from our researchers is how do you exclude Supreme Court Orders from Supreme Court Cases? A simple field restriction to the search helps to eliminate as many memorandum documents from the result as possible:

    Database: SCT Query:  da(2010) & sy(court) % ci(mem)

    Other Relevant Supreme Court Databases on Westlaw

    SCT-ORALARG: Transcripts of U.S. Supreme Court Oral Arguments SCT-BRIEF: U.S. Supreme Court Briefs SCT-JA: United States Supreme Court Joint Appendices SCT-PREVIEW: Preview of U.S. Supreme Court Cases WLB-SCT: WESTLAW Bulletin - U.S. Supreme Court

    href="http://www.statcounter.com/wordpress.org/" target="_blank">wordpress visitors
    ]]>
    2683 2010-10-04 16:09:15 2010-10-04 21:09:15 open open supreme-court-faqs publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url _wp_old_slug _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title 23758 mike.carlson@thomsonreuters.com 163.231.6.67 2010-10-04 16:21:03 2010-10-04 21:21:03 1 0 61 23759 casey.hall@thomsonreuters.com 163.231.6.67 2010-10-05 13:45:07 2010-10-05 18:45:07 proposal now to allow retired Supreme Court justices to sit for cases when a sitting justice has recused herself. This is Currently allowed in other Federal courts, but not in the Supreme Court.]]> 1 23758 61 23760 http://liuliu.trivani287.idv.tw/?p=35 202.133.249.71 2010-10-05 23:26:32 2010-10-06 04:26:32 0 pingback 0 0
    IHOP v. IHOP http://westreferenceatt.3fivelab.com/2010/10/ihop-v-ihop/ Thu, 07 Oct 2010 19:37:15 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2694 2010 WL 3532126.  Shared acronyms are a common source of trademark dispute.  For example, National Cable Television Association v. American Cinema Editors, 937 F.2d 1572, involved a dispute over the use of the trade name “ACE.”  There the court stated that in order to be entitled to trademark protection, an acronym does not need to be adopted in any official or technical way. Instead, “An organization need only to have used a name or acronym in a manner that identifies the company by that name or acronym to the public.” Hence International House of Pancake’s assertion in its complaint that the IHOP mark “is widely recognized among the general consuming public in the U.S. as a designation of the goods and services of International House of Pancakes, and has been famous for at least 20 years.”  You can see some other court decisions pertaining to shared acronyms by running this search in the federal trademark cases database (FIPTM-CS): same similar! identical! exact! /4 acronym letter /p infring! ]]> 2694 2010-10-07 14:37:15 2010-10-07 19:37:15 open open ihop-v-ihop publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug 23761 http://liuliu.trivani287.idv.tw/?p=40 202.133.249.71 2010-10-08 11:24:58 2010-10-08 16:24:58 0 pingback 0 0 23762 2010-10-07 19:37:19 2010-10-08 00:37:19 ]]> 1 trackback 0 0 Spin, Baby, Spin? http://westreferenceatt.3fivelab.com/2010/10/spin-baby-spin/ Wed, 06 Oct 2010 21:31:11 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2716 largest windmill farm has begun operation, comes this New York Time’s article detailing how many of those who live near wind farms are suing the operators of the windmills for the resulting noise pollution. According to NYT:

    They are among a small but growing number of families and homeowners across the country who say they have learned the hard way that wind power — a clean alternative to electricity from fossil fuels — is not without emissions of its own... Lawsuits and complaints about turbine noise, vibrations and subsequent lost property value have cropped up in Illinois, Texas, Pennsylvania, Wisconsin and Massachusetts, among other states.

    The curious legal researcher can use WestlawNext to search our filings collection for windfarms cause noise pollution and retrieve 20 filings associated with the type of litigation referenced in the NYT article.  A terms and connectors search of (wind-mill wind-turbine wind-farm /p noise ) retrieves 28 documents.   Searching Journals and Law Reviews for wind-farm & noise /2 pollut! retrieves 28 articles on the issue.  I expect these numbers to increase as more wind-farms come online. And from the Law of Unintended Consequences (not available as a treatise, anywhere) comes news that Windfarms can change local climates.  I suppose no one ever said weaning ourselves off fossil-fuel would be easy.]]>
    2716 2010-10-06 16:31:11 2010-10-06 21:31:11 open open spin-baby-spin publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug 23763 http://twitter.com/westlaw/status/26648194774 2010-10-07 13:27:34 2010-10-07 18:27:34 RT @WestRefAttorney: New post: Spin, Baby, Spin? http://bit.ly/bweE72]]> 1 trackback 0 0 23764 http://twitter.com/learnwestlaw/status/26648194297 2010-10-07 13:27:33 2010-10-07 18:27:33 RT @WestRefAttorney: New post: Spin, Baby, Spin? http://bit.ly/bweE72]]> 1 trackback 0 0
    No More Deaths and the Rule of Lenity http://westreferenceatt.3fivelab.com/2010/10/no-more-deaths-and-the-rule-of-lenity/ Thu, 07 Oct 2010 15:09:22 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2721 recently reversed a conviction for placing water bottles along trails frequently traveled by illegal entrants to the United States (click here to view the opinion, United States v. Millis, on Westlaw.com or here to view it on WestlawNext). Daniel Millis was convicted of violating 50 CFR § 27.94, a United States Fish and Wildlife Service regulation that prohibits:
    The littering, disposing, or dumping in any manner of garbage, refuse sewage, sludge, earth, rocks, or other debris on any national wildlife refuge except at points or locations designated by the refuge manager, or the draining or dumping of oil, acids, pesticide wastes, poisons, or any other types of chemical wastes in, or otherwise polluting any waters, water holes, streams or other areas within any national wildlife refuge[.]
    Mr. Willis, along with three other members of an organization called “No More Deaths,” had placed gallon-sized jugs of water along trails within the Buenos Aires National Wildlife Refuge in Arizona.  They were spotted in the refuge by Fish and Wildlife Service Officers and, when questioned, admitted leaving the water behind.  Millis was convicted based on the theory that the water jugs constituted "garbage" under the regulation. The Ninth Circuit ultimately reversed Millis’s conviction after applying the “rule of lenity,” a canon of statutory construction providing that an ambiguity in a criminal statute be construed against the government.  The court held that the term “garbage” as used in the regulation was sufficiently ambiguous to call for the application of the rule of lenity:
    [G]iven the common meaning of the term “garbage,” coupled with the regulatory structure, we conclude that § 27.94(a) is sufficiently ambiguous in this context that the rule of lenity should apply. Millis likely could have been charged under a different regulatory section, such as abandonment of property or failure to obtain a special use permit. However, that is not the question presented here. The only question is whether the rule of lenity should be applied to the offense charged. We conclude that it does apply, and we reverse the judgment of the district court.
    Given the large amount of media coverage surrounding immigration, I was surprised to have never heard of the "No More Deaths" organization before this decision.  I ran searches through cases, trial court filings and orders, briefs, and dockets on Westlaw for “no more deaths” to see if there existed any other litigation involving the organization.  Those searches turned up a total of 3 relevant documents (two cases and one brief), and each related to the Millis case.  There are several mentions of the organization in the Journals and Law Reviews (JLR) and ALLNEWS databases.  A JLR search for "no more deaths" /200 immigra! returns 8 articles, while the same search in ALLNEWS returns 351 documents. ]]>
    2721 2010-10-07 10:09:22 2010-10-07 15:09:22 open open no-more-deaths-and-the-rule-of-lenity publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url
    Interview with Robert L. Haig http://westreferenceatt.3fivelab.com/2010/10/interview-with-robert-l-haig/ Mon, 11 Oct 2010 15:17:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2732 Robert L. Haig, partner at Kelley Drye, is editor of Commercial Litigation in New York State Courts. Mr. Haig toured Eagan this week to discuss the third edition.  In the early '90s, Mr. Haig was instrumental in establishing the New York Commercial Division - a not uncommon research topic for Reference Attorneys.  So, we were eager to ask Mr. Haig about the Court.  For example, which is more important -   experienced judges?  Or, the procedural rules?  (It's the Judges.)  Why is a specialized court necessary?  (Cohesive jurisprudence strengthens the business community.)  The full interview is here (10 mins): [audio:http://westreferenceattorneys.com/wp-content/uploads/2010/10/DS_20019.mp3|titles=DS_20019] Research References for the NY Commercial Division Commercial Litigation in New York State Courts, Westlaw Database (NYPRAC-COMM) A majority of decisions from the Commercial Law Division are found in the New York State Trial Orders database:

    Westlaw Database: NY-TRIALORDERS

    Query: pr(“commercial division”) and [enter desired search terms]

    Rules of the Commercial Division of the Supreme Court 22 NYCRR 202.70 Shepard Mullin’s New York Commercial Division Roundup Blog. Commercial Division Website

    The quarterly Commercial Division Law Report

    ]]>
    2732 2010-10-11 10:17:56 2010-10-11 15:17:56 open open interview-with-robert-l-haig publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title enclosure _topsy_long_url topsy_short_url _wp_old_slug 23765 http://liuliu.trivani287.idv.tw/?p=46 202.133.249.71 2010-10-11 12:02:28 2010-10-11 17:02:28 0 pingback 0 0 23766 http://westreferenceattorneys.com/2010/11/resolving-pre-trial-research-frustrations/ 173.201.144.128 2010-11-16 18:37:05 2010-11-17 00:37:05 0 pingback 0 0
    When is a Pocket Veto not a Pocket Veto http://westreferenceatt.3fivelab.com/2010/10/when-is-a-pocket-veto-not-a-pocket-veto/ Mon, 11 Oct 2010 17:05:58 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2753 President Obama recently announced his intention to veto the Interstate Recognition of Notarizations Act of 2009. The act would make it easier for courts to recognize out-of-state notarization of mortgages and other financial documents. The problem is that there are questions about the legitimacy of some of these documents, so the President wants Congress to address these issues.

    Instead of a traditional veto, the President intends to use a pocket veto. The pocket veto stems from the veto provision of the U.S. Constitution:

    If any Bill shall not be returned by the President within ten Days (Sundays   excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. (USCA Const. Art. I, sec. 7, cl. 2)

    In this case, the Senate was the body that passed the final version of the bill. But while the House has adjourned until after the mid-term elections, the Senate will be opened every 3 days to prevent the President from naming a recess appointment.

    So, is “the Congress” is adjourned?

    The White House feels that it is a proper use of the pocket veto. From the White House Press Secretary’s Regular News Briefing, which can be found on Westlaw in the CQ Capital Transcripts database (FDCHCAPTRPTS):

    Question: Robert, (inaudible) says it's not appropriate to pocket veto, will the president just veto it then?
    We're just getting some (inaudible) reaction from the Hill, so I'm just double-checking.

    Gibbs: The president has -- it's my understanding from counsel, the president certainly has a constitutional -- the constitutional ability to do that, and that's what he's exercising. 2010 WLNR 20039670

    Simply returning the bill with objections would solve the problem, as would returning the bill to the House, which is adjourned.

    For further discussion on this point, see the Congress Daily at 2010 WLNR 20068857

    Because pocket vetoes are rare, there are few cases directly addressing them. On Westlaw or WestlawNext, simply do the following search in All Federal Cases:

    sy,di(“pocket veto”)

    If you would like to continue to follow the bill and its subsequent amendments, you can set up a WestClip in the US-BILLTRK database for “Interstate Recognition of Notarizations Act of 2009.”



    ]]>
    2753 2010-10-11 12:05:58 2010-10-11 17:05:58 open open when-is-a-pocket-veto-not-a-pocket-veto publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug 23767 jtrodenbiker@gmail.com 165.234.86.249 2010-10-11 13:21:50 2010-10-11 18:21:50 1 0 0 23768 kagrox@gmail.com http://www.congressmatters.com 71.62.43.201 2010-10-11 16:47:59 2010-10-11 21:47:59 1 0 0 23769 http://liuliu.trivani287.idv.tw/?p=47 202.133.249.71 2010-10-12 10:59:27 2010-10-12 15:59:27 0 pingback 0 0
    A Great Article on a Great Invention, But Did You Miss It? http://westreferenceatt.3fivelab.com/2010/10/a-great-article-on-a-great-invention-but-did-you-miss-it/ Wed, 13 Oct 2010 19:10:01 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2773 the New York Times featured an article about one of the greatest inventions in modern travel history: the wheeled suitcase, or “rolling luggage.” The article documents the story behind the creation of and subsequent history to this astounding American invention, patented at US Patent No. 3,653,474. The article also represents an important tip in patent and legal research: the value of news sources. Often the Reference Attorneys are asked to retrieve “everything” involving a particular case or other legal document. And while KeyCite Citing References retrieves most resources on Westlaw—including cases, administrative materials, litigation documents, and secondary sources—it currently does not retrieve news articles. Thus, if you only KeyCite a case or patent you may be missing a helpful article on your topic. This is particularly apropos in patent research, since patents are so easy to search for: just search for the patent number in the same sentence as the word “patent.” For example, let’s take a look at the citing references for the wheeled suitcase patent: US PAT 3653474. According to KeyCite there are 19 documents currently on Westlaw that cite to this document (mostly other patents that cite to the patent as a reference). Our New York Times article is nowhere to be found! If, however, we do a search in the ALLNEWS database for 3653474 /s patent we can see that there are two news articles that also cite to this patent, including our helpful one from the New York Times. Remember, if you ever need more information on a particular case or patent and don’t see many resources listed in citing references, try running a search in ALLNEWS as well. You may end up finding something helpful.]]> 2773 2010-10-13 14:10:01 2010-10-13 19:10:01 open open a-great-article-on-a-great-invention-but-did-you-miss-it publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug 23770 mike.carlson@thomsonreuters.com 163.231.6.66 2010-10-13 15:48:32 2010-10-13 20:48:32 patent /4 expir!.]]> 1 0 61 Searching Twombly/Iqbal http://westreferenceatt.3fivelab.com/2010/10/searching-twomblyiqbal/ Thu, 21 Oct 2010 16:34:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2780 FRCP 8 ,  FRCP 12(b)(6), and Twombly/Iqbal. The Twombly and Iqbal decisions have sometimes been considered a thorn in the side of Plaintiff attorneys as well as some courts the past few years.  See this news search: (plaintiff /7 attorney lawyer counsel /250 twombly iqbal & pleading plaus!) & da(last 3 years)).  But, the Twombly/Iqbal interpretation of Federal Rule of Civil Procedure (FRCP) 8(a) certainly increased the awareness of pleading standards from both sides of civil lawsuits.  In general, the Twombly/Iqbal decisions  standardized the  plausibility pleading standard requiring plaintiffs to hash out some facts in order to prevent a successful 12(b)(6) motion to dismiss.  See Wright & Miller, FPP § 1202.  The news and scholarly commentary either falls along the lines that there was no effect on pleading standards post-Twombly/Iqbal or they created an unfair heightened  standard for plaintiffs beyond the language of FRCP 8.  For some great articles on Twombly/Iqbal and its effect (or non-effect) on pleading, try ti(twombly /s iqbal) in Journals and Law Reviews (JLR). The outcry from plaintiff attorneys has led to a couple of bills in Congress to “repeal” Twombly/Iqbal (see H.R. 4115 and S.1504) that would effectively circumvent the current process for reviewing and updating the procedural rules under the Rules Enabling Act (28 U.S.C. § 2072 et seq). I listed below a few sample searches that bring up material that may be helpful for pleading standard searches.  Please note that I keyed my search to pleadings in Fair Labor Standard Act cases, but those terms can easily be substituted.  Courts do occasionally misspell terms, so it may be helpful to supplement your search with common or even uncommon misspellings.  For a frequently cited Supreme Court case, use the U.S. and Sct. Citations.  For a misspelling example, do a search for Twombley in ALLCASES and you will get 840 hits.  Running Twombly yields well over 35,000.

    Database - ALLFEDS

    Sample Westlaw Search - TWOMBLY TWOMBLEY "550 U.S. 544" "127 S.CT. 1955" IQBAL "129 S.CT. 1937" /P PLEAD! FACT! COMPLAINT PLAUS! CONCLUS! "STATUTORY LANGUAGE" /250 12(B)(6) (MOTION /3 DISMISS!) /250 "FAIR LABOR STANDARDS ACT" F.L.S.A. "EQUAL PAY ACT" (29 +1 U.S.C! +5 206 207 215(A))

    WestlawNext:  Basically, most of the searching concerns I have on Westlaw are mitigated on WestlawNext.  There are no limits on the number of Keycite Citing References you can search and a West Search including Twombly and Iqbal will bring up cases in relevancy order.  Of course, you can always run the above search on WestlawNext as well.

    Sample WestlawNext Search:  Fair Labor Standards Act Twombly Iqbal Pleading Standard

    ]]>
    2780 2010-10-21 11:34:44 2010-10-21 16:34:44 open open searching-twomblyiqbal publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug
    Don't Ask, Don't Tell and 60 Days http://westreferenceatt.3fivelab.com/2010/10/dont-ask-dont-tell-and-60-days/ Thu, 14 Oct 2010 17:18:42 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2805 *may* just have been made a thing of the past. On Tuesday, U.S. District Judge Virginia Phillips issued an immediate injunction against the U.S. government’s further enforcement of its Don’t Ask, Don’t Tell (DADT) policy.  The government was additionally ordered to immediately cease all active discharge proceedings and investigations. The order can be found on Westlaw at 2010 WL 3960791. Judge Phillips, at the end of a two week trial initiated by the Log Cabin Republicans and Service Members United, ruled the law to be unconstitutional as it violates service members’ free speech rights, due process rights and the right to petition the government for redress of grievances. All eyes are now on the Obama administration.  Should the administration appeal the ruling, DADT may continue on as a policy.  If not, DADT may be done.  According to Fox News:

    If the government does not appeal, the injunction cannot be reversed and would remain in effect. If it does, it can seek a temporary freeze, or stay, of her ruling. An appeal would go to the U.S. Court of Appeals for the 9th Circuit. Either side could then take it to the U.S. Supreme Court.

    The administration has 60 days (and no legal obligation) to appeal Phillip’s ruling. If the November elections result in a Republican Congress, the likelihood of Congressional action to end DADT drops significantly,  making Obama’s campaign promise to end DADT unreachable but through his refusal to appeal this ruling.  The clock is now ticking on the fate of this policy. UPDATE: According to Reuters, the Obama administration has decided to request the judge stay her ruling pending appeal. ]]>
    2805 2010-10-14 12:18:42 2010-10-14 17:18:42 open open dont-ask-dont-tell-and-60-days publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug 23771 http://twitter.com/upurlegalprofit/status/27362043588 2010-10-14 17:38:25 2010-10-14 22:38:25 RT @westlawschool: Don't Ask, Don't Tell and 60 Days - New post from @WestRefAttorney http://bit.ly/cDuxFU #conlaw]]> 1 trackback 0 0
    Mexico Files Amicus Brief in Arizona Immigration Litigation http://westreferenceatt.3fivelab.com/2010/10/mexico-files-amicus-brief-in-arizona-immigration-litigation/ Tue, 19 Oct 2010 19:08:03 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2830 United States Department of Justice sued Arizona, seeking to invalidate several sections of the new law, which resulted in a preliminary injunction granted by an Arizona Federal District Court Judge in July.  Arizona appealed the injunction to the Ninth Circuit Court of Appeals, and Mexico recently filed a brief as amicus curiae.  Arizona and its governor, Jan Brewer, have now asked the court for an opportunity to file a response to Mexico’s brief.  Their motion (available on Westlaw via the docket for the case) states, in part:
    Governor Brewer and the State of Arizona respectfully submit that the opinions of foreign governments have no bearing on whether a state law providing for cooperative enforcement of federal immigration law in Arizona complies with the United States Constitution.
    Should a U.S. court consider the arguments of a foreign government?  The Federal Rule of Appellate Procedure that governs amicus briefs (Rule 29, found via a search for pr,ca("appellate procedure" & amic!) in the US-RULES database) says nothing regarding the propriety of a foreign government filing an amicus brief.  It does require that a potential friend-of-the-court, other than the United States (or a U.S. officer or agency), a State, Territory, Commonwealth, or the District of Columbia, obtain leave of court or the consent of all parties before filing a brief as amicus curiae.  Mexico sought and obtained permission from the court to file its brief.  Rule 29 also requires that the brief be accompanied by a statement of interest and reason(s) why the brief is desirable and relevant to the appeal. In its brief (also available on the docket), Mexico cites several reasons for its interest:
    Mexico seeks to ensure that its citizens present in the U.S. are accorded the human and civil rights granted under the U.S. Constitution…  The issues raised herein are of great importance to the people of Mexico, including the almost twenty million Mexican workers, tourists and students recently admitted to the U.S., those already present in the U.S., the countless millions whose daily lives and jobs depend on international trade, and those who may also be affected by immigration policies and drug violence.  In addition, Mexico respectfully submits that SB 1070 adversely impacts U.S.–Mexico bilateral relations, Mexican citizens and other people of Latin-American descent present in Arizona.
    ]]>
    2830 2010-10-19 14:08:03 2010-10-19 19:08:03 open open mexico-files-amicus-brief-in-arizona-immigration-litigation publish 0 0 post 0 _encloseme _pingme _topsy_long_url topsy_short_url _slidedeck_slide_title _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug 23772 http://twitter.com/mnlawschoolwl/status/27898339614 2010-10-20 03:39:00 2010-10-20 08:39:00 RT @WestRefAttorney: New post: Mexico Files Amicus Brief in Arizona Immigration Litigation http://bit.ly/dtY9Sv]]> 1 trackback 0 0
    Has My Patent Been Litigated? http://westreferenceatt.3fivelab.com/2010/11/has-my-patent-been-litigated/ Wed, 03 Nov 2010 14:33:02 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2843 single most frequent question we get about patent research is how to determine if an individual patent has been involved in litigation.  While you might search for the patent number in the  dockets database (DOCK-FED-ALL), this search only pulls those dockets in which the actual title of a docket entry includes the patent number—something that rarely occurs.  Also, a search in the filings database (FED-FILING-ALL) allows for full-text searching; but the database is not intended to provide comprehensive coverage of all federal filings. So, how do you determine whether you patent has been litigated?  Answer: KeyCite the patent.  KeyCite's Full History includes data from the Patent Docket Summaries and Derwent LitAlert databases. You might also search these databases independently:

    Patent Docket Summaries (PAT-DOCK-SUM) pulls dockets by patent number.  The database includes a template that allows you to enter the patent number. Running a search will delivers docket summaries that involve that patent.  It will also provide a link to the full docket on Westlaw.  Coverage begins 2003.

    Another resource is the LitAlerts from Derwent (LITALERT).  This database allows you to search by docket number and pull index information about any suits that have been filed involving your patent.  Coverage for Derwent LitAlerts is extensive, beginning 1973.

    Availability of these databases gives researches some interesting flexibility.  For example,  how often have business method patents have been litigated since 2003?  To find out, enter 705 in the template for results.  Generally, however, the easiest way to determine whether a specific patent has been litigated is simply to KeyCite the patent.]]>
    2843 2010-11-03 09:33:02 2010-11-03 14:33:02 open open has-my-patent-been-litigated publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _wp_jd_clig _jd_twitter _jd_tweet_this _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug
    Should the Cost of a Criminal Sentence Matter? http://westreferenceatt.3fivelab.com/2010/10/should-the-cost-of-a-criminal-sentence-matter/ Thu, 28 Oct 2010 13:59:11 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2858 refused to admit evidence regarding the comparative cost to the state of life imprisonment versus the death penalty.  The decision came prior to the penalty phase of the trial of Steven Hayes, the first of two individuals scheduled to be tried for a much-publicized 2007 multiple murder.  According to reports of the decision, the judge surveyed other cases on the issue and concluded that:
    “The courts have unanimously ruled that economic arguments along these lines are inadmissible regardless of whether they are made by prosecutors or defense counsel.”
    To view some of the cases the judge likely considered, try the following searches.  An All State & Federal search on WestlawNext for: evidence of the cost of incarceration versus the cost of a death sentenceshould get you in the ballpark, as should the following search in the ALLCASES database on Westlaw.com: (sentenc! penalty /3 phase) jury juror mitigat! /s consider! hear! eviden! factor! /s cost dollar money /s (death /3 penalty sentenc!) execut! /s incarcerat! imprison! prison!. Interestingly, there is now at least one state that allows judges to take the cost of particular sentences into account.  As noted here and here, the Missouri Sentencing Advisory Commission recently approved the use of cost as a factor in criminal sentences. ]]>
    2858 2010-10-28 08:59:11 2010-10-28 13:59:11 open open should-the-cost-of-a-criminal-sentence-matter publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url 23773 http://twitter.com/misschoclatrain/status/29399165234 2010-11-01 19:22:40 2010-11-02 00:22:40 Doesn't MO allow it? RT @WestLawSchool: Should the cost of a criminal sentence be admissible? (via @WestRefAttorney) http://bit.ly/bPu9gW]]> 1 trackback 0 0
    Sign It and Seal with A Kiss (now with a British accent!) http://westreferenceatt.3fivelab.com/2010/11/sign-it-and-seal-with-a-kiss-now-with-a-british-accent/ Mon, 01 Nov 2010 18:50:40 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2863 The Pre-Nuptial Agreement. According to the New York Times:

    A ruling by the Supreme Court here on Wednesday gave pre-nuptial agreements more weight in divorce case, bringing British law closer in line with that in the United States… The discretion of courts in Britan to decide on a case-by-case basis whether pre-nuptial agreements are binding has contributed to the country a reputation for awarding huge payouts in divorce cases, including recently to the ex-wives of singer Paul McCartney and Russian billionaire Roman Abramovich.

    This new legal development in British courts, coupled with last week’s article about how more American women are securing pre-nups prior to their wedding date piqued my interest. Searching in the Family Law Forms on WestlawNext for the phrase “Pre-nuptial agreement” brings back close to 200 results.  Many of the results clauses to insert into pre-nup agreements while many others results are themselves entire agreements. I leave others to ponder whether a pre-nuptial agreements would have help to avoid this War of the Roses or that War of the Roses. ]]>
    2863 2010-11-01 13:50:40 2010-11-01 18:50:40 open open sign-it-and-seal-with-a-kiss-now-with-a-british-accent publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url 23774 nate.baker@thomsonreuters.com 163.231.6.69 2010-11-02 08:27:33 2010-11-02 13:27:33 1 0 0 23775 alanah.gentle@thomsonreuters.com 163.231.6.70 2010-11-02 14:28:17 2010-11-02 19:28:17 1 0 61 23776 http://liuliu.trivani287.idv.tw/?p=111 202.133.249.71 2010-11-12 11:09:06 2010-11-12 17:09:06 0 pingback 0 0
    Fashion Law Resources http://westreferenceatt.3fivelab.com/2010/10/fashion-law-resources/ Wed, 27 Oct 2010 14:49:20 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2875 a search in our lawyer profiler databases (PROFILER-WLD) for "fashion" under practice area.  Can you guess how many results?  Let's just say fashion law is a practice area.  Our interest in the topic was piqued not so much by research requests for fashion-related resources but by Fordham's launch of the Fashion Law Institute and Senator Schumer's  introduction the Innovative Design Protection and Piracy Prevention Act (IDPPPA).  The IDPPPA protects original fashion designs for a three year period. Find the bill on Westlaw at 2009 CONG US S 3728. After messing around a bit, we came up with a number of research ideas.  Rather than posting them here, we published a short collection of Fashion Law Research References which include:
    • Legislative Material Resources/Citations
    • Intellectual Property Citations
    • Key Secondary Sources
    • Regulatory / Administrative
    • Market and Company Information
    • Blog Roll
    The Fashion Law Research References are available on our LinkedIn pages via JDSupra (registration required to access full profile)  Or, email one of us: Nate Baker | nate.baker@thomsonreuters.com Alanah Gentle | alanah.gentle@thomsonreuters.com Mike Carlson | mike.carlson@thomsonreuters.com ]]>
    2875 2010-10-27 09:49:20 2010-10-27 14:49:20 open open fashion-law-resources publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug 23777 http://twitter.com/mnlawschoolwl/status/28901251384 2010-10-27 15:41:41 2010-10-27 20:41:41 RT @WestRefAttorney: New post: Fashion Law Resources http://bit.ly/aTYOCC]]> 1 trackback 0 0
    Finding Asian Patents http://westreferenceatt.3fivelab.com/2010/10/finding-asian-patents/ Tue, 26 Oct 2010 14:43:18 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2883 ZL: “ZL” stands for “Zhuānlì” or “patent” in Chinese and is only used for issued patents. 97: This is the year the patent was applied for (1997). 2: The third digit signifies the claimed patent type… --1 = invention --2 = novel utility --3 = novel design --8 = PCT (Patent Cooperation Treaty) application --9 = PCT design 18681: The number unique to the patent .6: The version/modification/republication/any other changes

    As stated above, all western databases use the CN1234567 formatting for published patents. However, the "97218681" portion of  the ZL format should match up with the patent application number used by western countries. So, if you have a Chinese patent with the ZL formatting, you may be able to still find it by patent application number. If you'd like to learn more you check out the English verison of the Chinese's Patent Office's Advance Search page.]]>
    2883 2010-10-26 09:43:18 2010-10-26 14:43:18 open open finding-asian-patents publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url
    One Expensive Election http://westreferenceatt.3fivelab.com/2010/11/one-expensive-election/ Thu, 04 Nov 2010 21:53:50 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2903 the previous record for money spent on a midterm election.  Not only are the candidates themselves spending freely, but outside groups have also been pouring money into the election like never before. One reason for the increase in spending from these groups is likely the United States Supreme Court’s decision in Citizens United v. Federal Election Commission, 130 S.Ct. 876.  If you don’t recall, that case dealt with the constitutionality of a federal law prohibiting certain election spending by corporations.  Smolla & Nimmer on Freedom of Speech (FREESPEECH § 16:18) describes the Court’s holding as follows:
    [T]he Supreme Court of the United States held, by a 5-4 vote, in an opinion delivered by Justice Anthony Kennedy, that federal laws prohibiting corporations and labor unions from using their general treasury funds to make independent expenditures for speech expressly advocating the election or defeat of a candidate violated the First Amendment.
    Thus, corporations and other entities are now free to spend money on advertising in support of, or in opposition to, any candidate for office (subject to existing limitations on contributions directly to a candidate or political party).  Corporate contributions are often made directly to non-profit corporations, which then put the money to work on campaign advertising and are presently not required to disclose the source of their funding.  This situation has prompted one group to seek the appointment of a special prosecutor to investigate the spending of these so-called "shadow groups." RESEARCH REFERENCES To read more on Citizens United’s effect on election spending, try the following searches:

    "CITIZENS UNITED" & DA(LAST 30 DAYS) – ALLNEWS

    PR,TI("CITIZENS UNITED") - TP-ALL

    Check out the Federal Election Commission's website for campaign finance disclosures from candidates, political parties, and political action committees. President Obama has recently spoken out several times on this issue.  His remarks can be found on Westlaw in the PRES-OBAMA database.  This database includes several types of documents related to the Obama administration including executive orders, presidential proclamations, signing statements, press releases, and transcripts of press conferences and speeches.  A search in PRES-OBAMA for "CITIZENS UNITED" returns a number of documents, many of which are recent speeches given at various locations. ]]>
    2903 2010-11-04 16:53:50 2010-11-04 21:53:50 open open one-expensive-election publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug 23778 adam.lockhart@thomsonreuters.com 163.231.6.69 2012-02-09 10:35:45 2012-02-09 16:35:45 1 0 0
    Patent Term Adjustments http://westreferenceatt.3fivelab.com/2010/11/patent-term-adjustments/ Mon, 08 Nov 2010 17:01:40 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2936 However, you can search for patent term adjustments on westlaw.com.  The following search in US-PAT-ALL will retrieve patents which have been extended pursuant to 154(b): 154(b) /10 extend extended extending extension adjust! Simply place an ampersand after the word adjust and put in the remainder of your terms, and you will return results of patents which have been extended. Curiousity led us to research just how many patents have been extended over time.  We ran the search above in US-UTIL (U.S. Utility Patents) for the application date years of 2000 through 2010. For more on term extension under 154, see 69 CJS Patents sec. 234.]]> 2936 2010-11-08 11:01:40 2010-11-08 17:01:40 open open patent-term-adjustments publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url 23779 http://www.westlawinsider.com/2010/11/patent-term-adjustments/ 96.30.32.30 2010-11-08 22:37:45 2010-11-09 04:37:45 1 pingback 0 0 23780 mike.carlson@thomsonreuters.com 163.231.6.91 2010-11-21 07:20:41 2010-11-21 13:20:41 1 0 0 Recount! A 50-State Survey http://westreferenceatt.3fivelab.com/2010/11/recount-a-50-state-survey/ Tue, 16 Nov 2010 01:06:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2947 Minnesota voters are in for another recount.  The state gubernatorial election ended with the two leading vote-getters, Mark Dayton and Tom Emmer, separated by less than one-half of one percent. If the percentage remains less than one-half of one percent following certification by the State Canvassing Board, an automatic recount pursuant to Minnesota Statute § 204C.35 is triggered.  The last state-wide automatic recount came in 2008, when the battle between Senator Al Franken and former Senator Norm Coleman for a seat in the U.S. Senate did not end until nearly eight months after the election. Being a Minnesota resident, the existence of this automatic recount statute was not news to me.  And, it's not an uncommon research issue. So, my colleagues and I began to search for a 50-state survey.  The easiest place to look is the 50 State Surveys (SURVEYS) database, but we didn't find a survey.  We did locate the Citizens for Election Integrity Minnesota (CEIM) website.  The nonprofit was formed after the 2004 election:
    We were troubled by reports of electronic voting problems, the disenfranchisement of minority voters, discarded ballots and other voting irregularities. Our initial focus was supporting the Ohio recount to which we sent nine observers from Minnesota.
    The site has a searchable database for recount laws.  We sorted for Initiating Method by Close Vote Margain and voila!  We found the CEIM very helpful and they appear to be doing great work but we did supplement with a few Westlaw queries including :

    Texts and Periodicals: TP-ALL

    Query: automatic! mandat! compulsory necess! requir! /5 re-count! /p percent!

    Combined Statutes Annotated: ST-ANN-ALL

    Query: AUTOMATIC! MANDAT! COMPULSORY NECESS! REQUIR! SHALL /10 RE-COUNT! & PERCENT!.

    50-STATE SURVEY and WESTCHECK REPORT We also considered the status of the exsisting statutes.  In the short time we had, we generated a 50-state survey and ran it through BriefTools (inserts Westlaw links and KeyCite flags):

    Automatic Recounts (pdf)

    Several statutes had pending or new legislation.  So,  we ran a WestCheck report which lists the proposed/adopted legislation:

    Westcheck Report for Auto-Recount Stats (pdf)

    Disclaimer: We believe these reports are complete.  They are fun for us to produce. But, we constructed them during our busy day-jobs.  These reports did not get the rigorous editiorial review the documents in the SURVEYS and REG-SURVEYS enjoy. ]]>
    2947 2010-11-15 19:06:46 2010-11-16 01:06:46 open open recount-a-50-state-survey publish 0 0 post 0 _encloseme _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_post_meta_fixed _jd_wp_twitter _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly 23781 http://westreferenceattorneys.com/2012/11/close-elections/ 173.201.144.128 2012-11-06 17:35:58 2012-11-06 23:35:58 1 pingback 0 0
    Ruling on Ohio's dollar limits on skilled-based arcade games http://westreferenceatt.3fivelab.com/2010/11/ruling-on-ohios-dollar-limits-on-skilled-based-arcade-games/ Fri, 12 Nov 2010 15:37:53 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2953 blog I write. I find it useful to set up a Westclip as a way of monitoring recent opinions issued in the amusement industry area.  Based on the number of type of results I received over the past 9 years, I have tweaked my Westclip on several occasions to add new concepts to my search. Recently, my Westclip informed me of the case of Pickaway County Skilled Gaming, L.L.C. v. Cordray 2010 WL 3972575 (Ohio 2010), in which the Ohio Supreme Court reviewed Ohio Statutes R.C. 2915.02(A)(2) and R.C. 2915.01 (AAA)(1) when an operator of a members-only amusement game arcade that handed out cash prizes to players challenged the $10 prize limit for each play on its machines, arguing that the limit was not rationally related to determining whether amusement machines are based on skill or on chance which violated the Equal Protection Clause of the United States and Ohio constitutions.  R.C. 2915.02(A)(2) states that no person shall “[e]stablish, promote, or operate or knowingly engage in conduct that facilitates * * * any scheme of chance.” R.C. 2915.01(C) defines “scheme of chance”; the subsection specifically states that a “scheme of chance” does not include a skill-based amusement machine. These types of machines range from games (e.g., Skee-ball and Whack-a-Mole) commonly found at fair and amusement-park midways and in family fun centers to more sophisticated skill-based games found in the members-only arcade that was involved in this case. In response to a documented “increase in the number of illegal gambling machines around the State of Ohio,” Ohio Governor Ted Strickland issued Executive Order 2007-28S on August 22, 2007.  Through this Executive Order, Governor Strickland declared an emergency justifying suspension of the normal rulemaking process and authorized the attorney general to immediately adopt former Ohio Adm.Code 109:4-3-31. Executive Order 2007-28S at ¶ 9-10.  Shortly thereafter, the Ohio Attorney General closed Pickaway County Skilled Gaming (“Pickaway”) in violation of the new rule and Pickaway challenged the rule and requested an injunction.  While the challenge was pending, the Ohio House of Representatives passed Sub.H.B. No. 177, which, among other provisions, amended R.C. 2915.01(AAA). The bill incorporated into the statute much of the language defining “skill-based amusement machines” that had been set forth in Ohio Adm.Code 109:4-3-31, including the ten-dollar prize-value limit.  Now the Ohio Attorney General defends the statute saying that the limit is rationally related to two legitimate government interests: (1) establishing economic regulations governing the operation of skill-based amusement machines and (2) protecting against criminal acts and enterprises as a prophylactic measure against illegal gambling. The Ohio Supreme Court agreed with the Attorney General.  According to the Court, “[t]he rational-basis test involves a two-step analysis. We must first identify a valid state interest. Second, we must determine whether the method or means by which the state has chosen to advance that interest is rational.” McCrone v. Bank One Corp., 107 Ohio St.3d 272, 2005-Ohio-6505, 839 N.E.2d 1, ¶ 9, citing Buchman v. Wayne Trace Local School Dist. Bd. of Edn. (1995), 73 Ohio St.3d 260, 267, 652 N.E.2d 952.  The Court agreed that R.C. 2915.01 does help protect two valid government interests and “[u]nder the rational-basis standard, a state has no obligation to produce evidence to sustain the rationality of a statutory classification.” Columbia Gas Transm. Corp. v. Levin, 117 Ohio St.3d 122, 2008-Ohio-511, 882 N.E.2d 400, ¶ 91, citing Am. Assn. of Univ. Professors, Cent. State Univ. Chapter, 87 Ohio St.3d at 58, 60, 717 N.E.2d 286. “[S]tatutes are presumed to be constitutional and * * * courts have a duty to liberally construe statutes in order to save them from constitutional infirmities.” Eppley, 122 Ohio St.3d 56, 2009-Ohio-1970, 908 N.E.2d 401, ¶ 12, citing Desenco, Inc. v. Akron (1999), 84 Ohio St.3d 535, 538, 706 N.E.2d 323. So how does one cope to have games within the statutory limits but offer big prizes?  As Pickaway stated in the case, because the dollar limit is based on each play, and R.C. 2915.01(AAA)(1) does not limit the number of times an individual can play a skill-based amusement machine, players can amass endless vouchers and redeem them for valuable prizes.]]> 2953 2010-11-12 09:37:53 2010-11-12 15:37:53 open open ruling-on-ohios-dollar-limits-on-skilled-based-arcade-games publish 0 0 post 0 _encloseme _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _topsy_long_url _wp_old_slug topsy_short_url _topsy_long_url topsy_short_url _slidedeck_slide_title _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url 23782 http://liuliu.trivani287.idv.tw/?p=105 202.133.249.71 2010-11-12 11:08:50 2010-11-12 17:08:50 0 pingback 0 0 23783 http://21scarcheapinsurance.co.cc/lastest-save-auto-insurance-news-6/ 174.120.151.130 2010-11-12 17:58:02 2010-11-12 23:58:02 0 pingback 0 0 23784 WolfordLitten28@googlemail.com http://bbgbook.com/player.swf?file=/nana-puzzle.sww 211.55.144.121 2011-10-18 23:45:41 2011-10-19 04:45:41 0 0 0 Green Acres: Just How Much Green? http://westreferenceatt.3fivelab.com/2010/11/green-acres-just-how-much-green/ Fri, 12 Nov 2010 15:28:14 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2986 Quantitative Easing.  Russian droughtsGrowing China.  The pressures pushing crop prices upward have been doing just that. This Forbes article on a potential food crisis (and the upswing it could represent for ag-producers) got me thinking about a recent research project. We were looking for any information  on cropland valuation.  Damage had been done to a client’s tillable acreage.  The client needed a price put on that harm.  Rising crop prices may have altered that final number. Part of the solution lay in our Expert Witness materials. Searching PROFILER-EW for experts with a practice area of “agricultural economist” or “agriculture and valuation” does bring back profiles, biographies, contact info and trial/deposition transcripts for experts who have testified on the matter of ag-land, ag-business or ag-production valuation. One hopes that the ag-experts tracking the above news stories are also keeping their eyes on the increasing concern that farmland has entered its own speculative bubble. ]]> 2986 2010-11-12 09:28:14 2010-11-12 15:28:14 open open green-acres-just-how-much-green publish 0 0 post 0 _encloseme _topsy_long_url _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_jd_clig _jd_twitter _topsy_long_url _wp_old_slug _jd_tweet_this topsy_short_url topsy_short_url Resolving Pre-Trial Research Frustrations http://westreferenceatt.3fivelab.com/2010/11/resolving-pre-trial-research-frustrations/ Wed, 17 Nov 2010 00:36:59 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3048 interview with Robert Haig.)  And, rules of procedure aren’t often written to accommodate the calendaring systems of professionals who understand better than anyone else that deadlines matter. This week, West author and Marquette University Law Professor, Jay Grenig visits Eagan to talk e-Discovery.  Mr. Grenig is author of eDiscovery & Digital Evidence (Westlaw database: EDISCOVERY).  We’re using the event as an opportunity to collect solutions for these pre-trial research challenges.  Specifically,

    Mike will highlight available checklists and resources for sample discovery.

    Ryan will discuss discovery sanctions.

    Savita will provide queries for finding authority regarding discovery objections.

    Todd will address timing and calendaring issues.

    Finally, we’ll talk with Jay Grenig about eDiscovery, social media, and his 'lawyer friendly' approach to practicing law in the digital universe. ]]>
    3048 2010-11-16 18:36:59 2010-11-17 00:36:59 open open resolving-pre-trial-research-frustrations publish 0 0 post 0 _encloseme topsy_short_url _topsy_cache_timestamp _topsy_long_url _topsy_long_url topsy_short_url _wp_jd_clig _jd_tweet_this _jd_twitter _slidedeck_slide_title _edit_last _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _wp_old_slug 23785 http://twitter.com/discoverteris/status/4729581084876800 2010-11-17 02:56:34 2010-11-17 08:56:34 Resolving Pre-Trial Research Frustrations: Moreover, e-discovery obligations present new and significant challen... http://bit.ly/8Z4aGA]]> 1 trackback 0 0 23786 http://twitter.com/infogovernance/status/4820551059120128 2010-11-17 08:58:03 2010-11-17 14:58:03 RT @DiscoverTERIS: Resolving Pre-Trial Research Frustrations - http://bit.ly/8Z4aGA]]> 1 trackback 0 0 23787 http://twitter.com/complexd/status/4820551017177088 2010-11-17 08:58:03 2010-11-17 14:58:03 RT @DiscoverTERIS: Resolving Pre-Trial Research Frustrations - http://bit.ly/8Z4aGA]]> 1 trackback 0 0 23788 http://westreferenceattorneys.com/2010/12/just-the-damn-facts-please/ 173.201.144.128 2010-12-01 15:10:19 2010-12-01 21:10:19 0 pingback 0 0
    KeyRules for Deadlines http://westreferenceatt.3fivelab.com/2010/11/keyrules-for-deadlines/ Thu, 18 Nov 2010 17:59:09 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3060 [Editor's Note:  This is first in a brief series of posts relating to pre-trial research including an interview with West author Jay Grenig on eDiscovery.] 

    Meeting deadlines is stressful enough.  Determining what those deadlines might be shouldn't add greys.  In May, Cher Estrin of the Organization of Legal Professionals noted:  

    Most common sources of stress for legal professionals are undefined deadlines, lack of control over time, difficult clients, escalating intensity, no margin for error - are outside of a paralegal’s personal control.   

    On the list of Reference Attorney FAQ's is, 'How many days do I have to file this?"  I can't promise to improve your  mental health but I can recommend one of the most popular Reference Attorneys tools, least known to researchers.   KeyRules distills timing, formatting, and other general pleading and discovery requirements into a single document.  Here's a simple example of how to use the tool.  Let's say you're working pro hac vice in New York.  Your client has been sued in New York County, but you have never litigated there and do not know where, when, and how to file your answer. 
    First, access the KEYRULES-NY database.  The default search method here is the Template.  Select New York Supreme Court (New York County) and Search Pleadings as your Document Type.  You are then given further options based on your Document Type: 
     
    We’re looking for rules regarding filing an answer.  So, select Answer, then click Search Westlaw.  You get one result (NY KR Supreme 4), a document created by West editors that summarizes and links to state and local rules relevant to answers.  KeyRules documents are typically organized into the following sections: 
     
    The document outlines the relevant deadlines and links you to rules regarding the computation of time. 
     
    Also note that at the top of the Timing section, a link to Westlaw Legal Calendaring. Very briefly, Westlaw Legal Calendaring calculates litigation deadlines for you based on state and local court rules.  You can then export the deadlines to your Microsoft Outlook Calendar and use its features to keep track of them. 
    In addition to pleading rules, KeyRules has outlines for state and federal discovery, bankruptcy, and intellectual property. A free KeyRules user guide is available on the Thomson Reuters website. 

    ]]>
    3060 2010-11-18 11:59:09 2010-11-18 17:59:09 open open keyrules-for-deadlines publish 0 0 post 0 _encloseme topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _topsy_long_url
    Going Even Greener at the USPTO http://westreferenceatt.3fivelab.com/2010/11/going-even-greener-at-the-uspto/ Thu, 18 Nov 2010 15:41:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3063 th, the USPTO announced (75 FR 69049-03) plans to extend and expand the Green Technology Pilot Program.  The purpose of the Pilot Program is to encourage green technology and it allows an applicant the opportunity to advance out of turn, if their application relates to green technologies and materially enhances the environment.  The original notice required an application be filed before December 8, 2009 and will only run for 12 months from the date of the notice (December 8, 2009).  But, the USPTO announced that it is expanding the eligibility of the program to include “unexamined non-reissue non-provisional utility applications filed on or after December 8, 2009.”  Additionally, the USPTO will extend the program through December, 31, 2011. Director of the USPTO David Kappos issued a press release on October 21st stating that “there has been a tremendous amount of interest in the Green Technology Pilot Program, and we would like to enable applicants whose inventions did not fall within the initial classifications eligible for the program to be eligible.”  The USPTO has gathered statistics on the number of green petitions granted, dismissed, denied, and pending. To find patents on Westlaw which have applied under the program, try the following search in US-PAT-HISTORY:

    (material! /5 enhanc! /5 environment!) (pto +3 sb +4 420) (green +3 pilot-program technology) green-patent & (special /5 application status) (make +3 special) (98 Docs)

    The official form to make an application special under this program is available on also available on Westlaw.  Follow this link of the USPTO to find any frequently asked questions, contacts, press releases, etc. According to Gene Quinn of IPWatchdog, “the average time between the approval of a green technology petition and the first action on an application is just 49 days.” Other commentary on the USPTO’s move to going even greener are here:

    Michael Langer

    Green Patent Blog

    271 Patent Blog

    ]]>
    3063 2010-11-18 09:41:46 2010-11-18 15:41:46 open open going-even-greener-at-the-uspto publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url
    Just the Damn Facts Please http://westreferenceatt.3fivelab.com/2010/12/just-the-damn-facts-please/ Wed, 01 Dec 2010 21:10:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3108 Babbit (another Minnesotan)  used to say, “I may not be any Rockefeller or James J. Shakespeare, but I certainly do know my own mind, and I do keep right on plugging along in the office….”  In fact, John B. is his real name. The "B" is for Briggs.  Check out Robert Jarvis' profile in the American Journal of Legal History (50 AMJLH 1) Early in the twentieth century, John B. West developed the topic and KeyNumber System - a digest of American law. Some have challenged the Digest's relevancy -- it's "literary warrant"  -- for the digital age.  Even William Patry, a West author, relegated it to the "crassest form of cattle branding."  According to Professor Peter Schanck, attorneys  "tend to concentrate more on the facts ... than on abstract doctrines. In so doing, they prefer searching descriptive word indexes over topical analyses, and they search the indexes as much for factual terms as for legal concepts."   (See Peter Custer citing Schanck at 102 LLIBJ 251.) Really? In fact,  Custer noted that his research indicates "an overall preference for using both descriptive word indexes and topical analysis followed by a lesser preference for using the descriptive word index alone, with only a small number preferring to just search using topical analysis. Well, I may not be any John B. West but I certainly do know my own mind.  I'm a big fan of William Patry but I use the Digest every day.  Ultimately, I think the combined method described by Custer is preferred by Reference Attorneys who know the Digest well.  Many times, searching the topic as it relates to specific facts is critical. But, I wouldn't give up the Digest. Consider copyright fair use.  The elements of fair use are well known and easy to cite. But, according to Patry, "Fair use is an issue that is decidedly not capable of generalized application. Fair use is, as the U.S. Supreme Court and the Congress have repeatedly noted, highly “fact-specific,” to be adjudicated only on a “case-by-case basis”" (PATRYFAIR 7:5).  It makes sense, then, for Patry to organize his chapter on the fair use of life stories by case:
    • Toksvig v. Bruce Publishing
    • Eisenschiml v. Fawcett Publications
    • Greenbie v. Noble
    • Holdredge v. Knight Publishing
    • Rosemont Enterprises. v. Random House
    • Estate of Hemingway v. Random House
    • Meeropol v. Nizer
    • Rokeach v. Avco Embassy Pictures
    • Iowa Sate Univeristy Research Foundation v. American Broadcasting Co.
    • Salinger v. Random House
    • New Era Publications Int'l ApS v. Henry Hold & Co.
    • Wright v. Warner Books
    • Norse v. Henry Holt & Co.
    • Nash v. CBS
    • Elvis Presley Enterprises v. Passport Video
    The following search for the same subject matter on Westlaw delivers 50 results:

    Federal Intellectual Property Law Cases (Copyright): fipc-cs

    Initial Search: biography /s fair-use (50 Results)

    I have little doubt that most, if not all of Patry's cases are in the result set or cited within cases of this result set.  But, is reviewing all 50 cases the most efficient means for isolating the important cases?  Instead, try using the topic number for copyrights like this:

    Locate: to(99) /p biography /s fair use (19 Results)

    The results begin to look more like Patry's contents.  Patry described the KeyNumbers as insipidly generic. Generic? In this case, maybe, especially in the way we're using them. It's an extraordinarily simple edit.  I wouldn't say, 'insipid',' however.  How might you measure the value of reducing your result set from 50 to 19? The 19 results do not replicate Patry's list exactly but it very likely represents a shorter path to the important case law on this topic. WestlawNext fares even better.  The Digest is now working behind the scenes as part of WestlawNext's WestSearch.  Our search for

    copyright fair use in biography or life story

    delivered all but three of Patry's cases directly in the result list. Finally, in keeping with our theme for the week, let's also consider pre-trial discovery issues.  Discovery is another area where many of our customers require fact-specific results. Quite often, the answer is, there is no answer.  Or, rather, we necessarily resolve ourselves to, 'is it likely to lead to the discovery of admissible evidence?'  Or, 'is it unduly burdensome?' But, what if you're investigating the burdensomeness of a particular item? Maybe you wouldn't want to miss a case with your facts.  So, try these searches with topic-number related roots and fact-specific terms:

    State Discovery / Procedure: to(307) /p meta-data

    Federal Discovery / Procedure: to(170A) /p meta-data

    ]]>
    3108 2010-12-01 15:10:06 2010-12-01 21:10:06 open open just-the-damn-facts-please publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url 23789 http://twitter.com/mnlawschoolwl/status/10090698267164672 2010-12-01 21:59:44 2010-12-02 03:59:44 RT @WestLawSchool: Topic and key numbers relevant in digital age - Just the Damn Facts Please via @WestRefAttorney http://bit.ly/h2DGoi #LRW]]> 1 trackback 0 0
    eDiscovery interview with Jay Grenig http://westreferenceatt.3fivelab.com/2010/11/ediscovery-interview-with-jay-grenig/ Tue, 23 Nov 2010 23:09:58 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3121 Jay Grenig.  His recently published eDiscovery treatise covers many facets of eDiscovery practice. Researching eDiscovery: As a Reference Attorney my first question was what strategies he uses to research this issue. [audio:http://westreferenceattorneys.com/wp-content/uploads/2010/11/Grenig-Interview-Research.mp3|titles=Grenig Interview Research] Professor Grenig, provided several examples of searches he finds useful, but focused on using secondary sources to begin your research.  Specifically, how browsing the Tables of Contents of relevant treatises will provide an overview of the issue, useful search terms, and provide references to the leading cases.  Here is an example from the Table of Contents for his treatise, eDiscovery & Digital Evidence (EDISCOVERY) eDiscovery from Multiple Sources, Including Social Media: [audio:http://westreferenceattorneys.com/wp-content/uploads/2010/11/Grenig-Interview-eDiscovery-Sources.mp3|titles=Grenig Interview eDiscovery Sources] I asked Professor Grenig about the scope of discovery requests when considering that relevant materials may be scattered across numerous servers, mobile devices, email accounts, instant messages and social media services like Facebook.  He outlines techniques for effective discovery requests and provides guidance for potentially producing parties to manage information and develop policies which allow them to efficiently respond to eDiscovery requests. Teaching eDiscovery in Law school and when Practitioners Need an Outside Consultant: [audio:http://westreferenceattorneys.com/wp-content/uploads/2010/11/Grenig-eDiscovery-in-School-and-practice.mp3|titles=Grenig eDiscovery in School and practice] Finaly, Professor Grenig discusses the need to teach eDiscovery principles in Law school and to recognize the limits of lawyers technical savy to help determine when an outside consultant should be retained. ]]> 3121 2010-11-23 17:09:58 2010-11-23 23:09:58 open open ediscovery-interview-with-jay-grenig publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug enclosure enclosure _topsy_long_url topsy_short_url enclosure 23790 http://liuliu.trivani287.idv.tw/?p=132 202.133.249.71 2010-11-23 20:37:04 2010-11-24 02:37:04 0 pingback 0 0 Facebook, Lamebook, Trademark http://westreferenceatt.3fivelab.com/2010/11/facebook-lamebook-trademark/ Mon, 29 Nov 2010 21:48:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3184 www.lamebook.com does not infringe Facebook’s trademark.  You can read the entire complaint at 2010 WL 4417132.  The plaintiff is essentially asserting that lamebook.com is a non-infringing parody of Facebook protected under the First Amendment.  Lamebook also denies dilution under 15 USC 1125 (part of the Lanham Act).  This is just one of several trademark suits involving Facebook filed within the past few months: a search in DOCK-FED-ALL for PTN(facebook) & KNOS(260.15) reveals five other federal lawsuits involving Facebook and trademark infringement filed since August 2010.  This is not surprising, since Facebook owns a surprising number of trademarks and seems intent on protecting its intellectual property.  For example, a search in the database FED-TM for federal trademarks owned by Facebook reveals that there are over 80 registered, pending, or abandoned marks associated with Facebook.  In addition to the “Facebook” mark itself, Facebook also owns such marks as “F,” “FBook,” “Poke,” and “Like.”  There are also some less-conventional marks owned by Facebook.  If you’ve got a moment be sure to check out the abandoned application for “Give Your Computer The Bird,” available at FEDTM 77081361. Mark ImageSerial Number: 77273570 ]]> 3184 2010-11-29 15:48:44 2010-11-29 21:48:44 open open facebook-lamebook-trademark publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _topsy_long_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp topsy_short_url _wp_old_slug Wiki-whoa http://westreferenceatt.3fivelab.com/2010/11/wiki-whoa/ Wed, 01 Dec 2010 03:00:09 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3199 Saudis urging the U.S. to attack Iran.  Another Royal scandalHillary Clinton ordering her diplomats to spy… The Wikileaks saga continues with the latest “dumping” of over 250,000 diplomatic cables.  The fallout – and its impact on the individuals caught up in these missives – will be immeasurable. The fallout for one individual though is fairly certain: Private First Class Bradley Manning. Pfc. Manning is the U.S. military member allegedly responsible for illegally downloading these and other classified files (onto a CD-rom disguised as a Lady Gaga album) and making them available to Wikileaks.org. Pfc. Manning. 23, is currently detained and awaiting court martial for his role in these leaks.  He stands charged with “transferring classified data” and “delivering national defense information to an unauthorized source.” He faces 52 years in jail if found guilty. RESEARCH REFERENCES The Uniform Code of Military Justice can be found on Westlaw searching in FMIL-USCA.  Search for pr("uniform code of military justice").  A natural language search of “leaking information” in Shanor and Hogue's National Security and Military Law in a Nutshell (NSMILLAW-NS) retrieves 17 articles.  A broader plain language search through all secondary sources on WestlawNext for the phrase “leaking classified military information” results in 125 documents – including articles entitled Prosecuting the Press:  Criminal Liability for the Act of Publishing and The Classified Information Protection Act:  Killing the Messenger of Killing the Message? According to the New York Times, Manning once wrote, “I wouldn’t mind going to prison for the rest of my life, or being executed so much if it wasn’t for the possibility of having pictures of me plastered all over the world press.” Given these words, perhaps it is safe to assume he understood the life-altering implications of his alleged actions. ]]> 3199 2010-11-30 21:00:09 2010-12-01 03:00:09 open open wiki-whoa publish 0 0 post 0 _encloseme _topsy_long_url _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title topsy_short_url topsy_short_url _topsy_long_url _wp_old_slug _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target New Mexican Legal Dictionary http://westreferenceatt.3fivelab.com/2010/12/new-mexican-legal-dictionary/ Wed, 15 Dec 2010 01:53:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3214 Mexican Legal Dictionary app was recently released for the iPad, iPhone, and iPod touch.  As mentioned here, the app currently includes 2,300 legal terms, with audio pronunciation guidance in both Spanish and English. The dictionary is useful for anyone looking for an understanding of Mexican legal terminology and concepts.  For example, you may have heard about a recent explosion at a resort in Playa del Carmen, Mexico.  An attorney in the United States thinking about legal claims that might result would likely assume that negligence claims are a good possibility.  A search of the Mexican Legal Dictionary for “negligence” returns just two results, as shown below: Clicking on “Comparative Negligence” gives us an explanation as to why more results weren’t returned: the Mexican legal system “has not been developed in the area of Tort Law.”  But there may be some relevant Civil Code provisions in the area of “Extracontractual Liability.” Searching the dictionary for “tort” returns a result giving a bit more explanation: You can also search the Dictionary using either English or Spanish, so if you come across a Spanish term, plug it into the search box to find its English translation and definition. Update: Mexican Legal Dictionary available on iTunes ]]> 3214 2010-12-14 19:53:44 2010-12-15 01:53:44 open open new-mexican-legal-dictionary publish 0 0 post 0 _encloseme _wp_old_slug topsy_short_url _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _jd_twitter _wp_jd_clig _wp_jd_bitly _jd_tweet_this topsy_short_url _topsy_long_url _edit_last _wp_jd_yourls _wp_jd_url _wp_jd_wp 23791 foster@fosterlawcenter.com http://www.StephenFosterLaw.com 70.238.70.131 2011-03-24 23:11:47 2011-03-25 04:11:47 0 0 0 23792 Giesel21@mail.com http://bid-ninja.com/software-features/bid-ninja-demonstration-videos-screenshots/ 188.165.174.90 2013-04-09 22:48:21 2013-04-10 03:48:21 0 0 0 23793 Nowzari@gmail.com http://Medicalrelationshipsite 222.124.15.123 2013-04-12 04:02:41 2013-04-12 09:02:41 0 0 0 Amicus, Amica, or Amicum - Which is your friend? http://westreferenceatt.3fivelab.com/2010/12/amicus-amica-or-amicum-which-is-your-friend/ Fri, 03 Dec 2010 20:47:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3217 brief review of our SCT-BRIEF database yielded just 7 amica curiae, that's "amica" as in singular feminine for friend of the court.   Should we be changing the gender and number of the Latin word as needed?  Like other Romance languages, gender and case change word endings. I’m a little rusty on my Latin.  It's been 11 years but I found my former Latin teacher.  He confirmed for me the endings for Amicus Curiae:

    Singular Male – Amicus Curiae

    Plural Male – Amici Curiae

    Singular Female – Amica Curiae

    Plural Female – Amicae Curiae

    Thus, an amicus curiae brief filed by a group of female law professors would be correctly termed an “amicae curiae” brief. So, can this affect your research? Yes. A search of Amicus Curiae in the Document Title field in U.S. Supreme Court Briefs database returns over 20,000 results,  including both Amicus and Amici briefs.  When we eliminate the Amicus Curiae the search retrieves 6813 briefs that are titled Amici Curiae.

    dt("amicus curiae") % dt("#amicus curiae") (6813 Docs)

    Note the #-sign ensures Westlaw only delivers the plural.  Why not just run dt(amici)?  We wanted to test whether Westlaw delivered the plural on the latin. We discovered it does for amicus but not for amica.  What gives?  We're reporting this.  For now, try:

    dt(amicae amica +2 curiae): 12 results

    There was some discussion amongst my colleagues why we couldn’t just have gender neutral terms, this being the 21st century and all. According to the Notre Dame Online Latin Dictionary, the word amicus not only has a masculine and feminine ending, but also a neutered ending. Therefore, couldn't one use the neutered ending to create the following?:

    Singular – Amicum Curiae

    Plural – Amica Curiae

    This would eliminate the need to switch endings depending on the gender of the person/people filing the brief. A final option would be to follow the example of the Federal Government with its Plain Language initiative. This would entail eliminate the Latin phrase all together and replacing it with “friend of the court.” People wouldn’t need to worry about which endings to use and would make the law slightly more accessible to the general public. Of course, we would lose the beautiful language that is Latin. Wow, that’s a lot of Latin discussion. I think I’m going to go read Iliad in the original Greek. ]]>
    3217 2010-12-03 14:47:08 2010-12-03 20:47:08 open open amicus-amica-or-amicum-which-is-your-friend publish 0 0 post 0 _encloseme topsy_short_url _topsy_long_url _wp_old_slug topsy_short_url _topsy_long_url _jd_wp_twitter _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_post_meta_fixed _topsy_cache_timestamp _edit_last _slidedeck_slide_title 23794 http://amicaecuriae.wordpress.com/2011/03/23/hello-world/ 66.135.48.240 2011-03-23 21:49:01 2011-03-24 02:49:01 0 pingback 0 0
    Are You Confused Whether Madonna is a Material Girl? http://westreferenceatt.3fivelab.com/2010/12/are-you-confused-whether-madonna-is-a-material-girl/ Mon, 06 Dec 2010 22:51:15 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3227 s” mark to cause consumer confusion and seeks a declaration that such use constitutes willful infringement.  You can read the entire complaint on Westlaw here (2010 WL 4655198).  This is not the first time Madonna has been involved in a trademark dispute over the “Material Girl” label.  In a similar complaint last August a California-based clothing company sued her over the “Material Girl” mark, this time in the context of a teenage fashion line.  You can read that complaint here (2010 WL 3358809). That litigation is still in the discovery phase. A relatively simple search in the Federal Trademark Cases database (FIPTM-CS) for infring! /p plural retrieves only 30 results, most of which are not on point. There are, however, a few gems in that search.  Perhaps the most interesting result is Perkins v. Apollo Bros (197 F. 476), a case from 1913.  In Perkins the court writes:
    The name on the plaintiff's brand is ‘Nubia‘- in the singular number- and the name on the defendant's is ‘Nubias‘- apparently in the plural. The plaintiff was in the field several years before the defendant, and it seems hardly open to discussion whether the later name resembles the earlier so closely as to infringe. As I think, they are practically identical, and therefore, although the dress and the devices used on the respective packages are dissimilar, nevertheless the name is not at the defendant's service if the plaintiff has a prior and a better right.
    The Perkins case was, however, overturned on appeal; and the appellate decision makes no reference to the plural form of the mark (they reversed because “Nubia” is a geographical name that cannot be registered). A another interesting case is Horlick's Malted Milk Corp. v. Horluck's, Inc. (59 F.2d 13)in which the court stated: “We think that the defendant should be definitely enjoined from using the name ‘Horluck’ in the possessive, i. e., ‘Horluck's,’ or in the plural, i. e., ‘Horlucks,’ in connection with the sale of malted milk. The use of the possessive is one of the most objectionable features of defendant's practices, inasmuch as it is the possessive ‘Horlick's' with which plaintiff's product is associated in the mind of the public.”  This suggests that a singular, non-plural or non-possessive use would have been permissible and not sufficiently similar, so long as the distinction is viable in the public’s mind. McCarthy has his own list of cases.   According to McCarthy, a mark changed by a junior user from singular to plural (or vice verse) is treated as virtually identical to the senior mark.  See MCCARTHY § 23:46.25. Callman also references several cases. We simply ran a search for the term "plural" in both databases (MCCARTHY and CALLMAN). ]]>
    3227 2010-12-06 16:51:15 2010-12-06 22:51:15 open open are-you-confused-whether-madonna-is-a-material-girl publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_tweet_this _jd_twitter _wp_old_slug topsy_short_url _topsy_long_url _topsy_cache_timestamp _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title
    The New ADA Accessibility Guideline Standards http://westreferenceatt.3fivelab.com/2010/12/the-new-ada-accessibility-guideline-standards/ Wed, 08 Dec 2010 19:31:38 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3237 IAAPA) held in Orlando. One of the important issues discussed in several class seminars was the new Americans with Disabilities Act Accessibility Guidelines (ADAAG).  While the amusement industry strives to put smiles on people’s faces and to appeal to the broadest spectrum of the population as possible, safety of all guests is a prominent concern to the industry.  Operators are constantly striving to have a good working knowledge of the A.D.A. requirements and how they impact operations.  Such knowledge becomes extremely complex when you look at the wide variety of goods and services offered at an amusement facility or traveling show.  The facility or show not only provides amusement rides, but it also provides water attractions, go-karts, miniature golf, indoor theaters, restaurants, games, shopping, camping facilities and restrooms.  Each of these areas has its own nuances and requirements under the ADAAGs. On September 15th of this year, the Civil Rights Division of the Department of Justice promulgated a final rule amending its ADA Title III regulation, which covers nondiscrimination on the basis of disability by public accommodations and in commercial facilities.  The final rule can be found on Westlaw at 75 FR 56164. For earlier versions of the rule, you can use the Regulation Identification Number (RIN), 1190-AA46, as your search term in the FR database.  (A very common research question is, 'I have the notice of proposed rule making, has the agency adopted the final rule?' Most agencies, but not all, use RINs.  If you've got one, run it as your search term to find related proposed, amended and final rules.) The final rule adopts the 2004 ADAAG and makes them operable six (6) months after publication or on March 15, 2011; while the 2010 Standards (ADAAG) will become enforceable eighteen (18) months after publication or March 15, 2012.  With the promulgation of 2010 Standards, amusement operators will be looking at ways to better accommodate hearing-impaired and sight-impaired guests.  Keep your eyes open for future discussions on this topic. ]]> 3237 2010-12-08 13:31:38 2010-12-08 19:31:38 open open the-new-ada-accessibility-guideline-standards publish 0 0 post 0 _encloseme _wp_old_slug _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_wp _wp_jd_bitly _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url Standing Mute on the Death Penalty http://westreferenceatt.3fivelab.com/2010/12/standing-mute-on-the-death-penalty/ Thu, 09 Dec 2010 23:21:38 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3249 here and here for some background information on the case.  The case took a new turn Tuesday, as the Texas Court of Criminal Appeals ordered that a hearing to determine the death penalty's constitutionality be stayed and that the parties brief the issue for the Court. Prior to the ruling, the hearing had proceeded for two days.  Instead of responding to the defense’s  evidence, the State of Texas made the decision to “stand mute,” (not present evidence) during the hearing.  I must admit that the State’s choice to stand mute came as a surprise to me, and it is something that I can’t say I’ve encountered before. Black’s Law Dictionary, 9th Edition (BLACKS on WL) gives two definitions for “stand mute.”  The first refers to a criminal defendant’s refusal to enter a plea.  The second states: “. . . to raise no objections.”  So, would the State’s choice to stand mute affect an appeal in this case?  It is probably a safe assumption that the state would appeal an order declaring the death penalty unconstitutional.  Given the general rule that an objection or argument not raised in a lower court is waived (for a statement of the Texas rule, see Penry v. State, 903 S.W.2d 715, 729 (Tex. Crim. App. 1995)), would the state be unable to defend the statute’s constitutionality on appeal? I ran searches on the issue in both Westlaw.com (stand! stood /3 mute! /s appeal! appell! /s waiv! in TX-CS) and WestlawNext (waiving appeal by standing mute, choosing Texas as the jurisdiction).  Many of the results dealt with issues such as a criminal defendant standing mute in lieu of entering a plea or plea agreements that called for the prosecution to stand mute during sentencing.  One case that came up in both search results seems to address the issue:
    When the verdict was rendered by the jury, the trial court asked both the State and appellant if they had any questions as to the verdict. Both said that they did not. Because appellant stood mute, i.e. made no objection to the verdict when it was rendered, he waived the error about which he now complains.  Finch v. State, 2003 WL 22909180 (Tex. App. Dec. 10, 2003).
    Regardless of the answer, it may not matter in this case.  The Court of Criminal Appeals may ultimately prevent the hearing from continuing.  Also, there is quite a lot of history in this case regarding the death penalty issue.  In fact, the judge issued an order in March declaring the death penalty unconstitutional, only to later rescind the order and schedule the current hearing.  Thus, it is likely that the State has already put forth arguments that it could renew on appeal. ]]>
    3249 2010-12-09 17:21:38 2010-12-09 23:21:38 open open standing-mute-on-the-death-penalty publish 0 0 post 0 _topsy_long_url _wp_old_slug _slidedeck_slide_title _topsy_cache_timestamp _jd_wp_twitter _jd_post_meta_fixed _edit_last _encloseme _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _wp_jd_target _wp_jd_url _topsy_long_url topsy_short_url 23795 http://twitter.com/statuses/status/ 2010-12-09 23:21:42 2010-12-10 05:21:42 New post: Standing Mute on the Death Penalty http://bit.ly/gm5vIm]]> 1 trackback 0 0
    What's a license? http://westreferenceatt.3fivelab.com/2010/12/whats-a-license/ Thu, 09 Dec 2010 23:16:04 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3254 the Supreme Court clerks are welcome to call us.  A few of our recommendations: CASELAW

    KeyNumber: 238k1

    FLETCHER-CYC

    Fletcher Cyclopedia of the Law of Corporations.  See FLETCHER-CYC § 2863: “Much confusion has arisen from not distinguishing clearly between the franchise of a corporation, which can only be granted by the state, and the permission, by ordinance, of a municipality for the exercise of the corporate franchise within the municipality. The latter is not a franchise, although it is often so referred. It is a license.” People v. Union Gas & Electric Co., 254 Ill 395, 98 NE 768.

    ALR and CJS

    CJS LICENSES § 1 et. seq.

    American Law Reports: I'm a huge fan of ALR.  American Law Reports (ALR) is a great resource when you desire great depth for a narrow topic.  For example, Propriety of Federal Court's Abstention, Under Burford v. Sun Oil Co., 319 U.S. 315, 63 S. Ct. 1098, 87 L. Ed. 1424 (1943), as to Claim that State or Local Statute or Regulation, or Application Thereof, Violates Federal Constitution or Conflicts with Federal Statute or Regulation—Issues Other than Land Use, Zoning, Social Welfare, or Family Law is approximately 90 pages long. I'm thinking ALR is not ripe for this research.  But, just in case, you might try "licenses and permits" in the ALRINDEX.

    I welcome recommendations for those of you following this case. ]]>
    3254 2010-12-09 17:16:04 2010-12-09 23:16:04 open open whats-a-license publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url 23796 http://twitter.com/statuses/status/ 2010-12-09 23:16:08 2010-12-10 05:16:08 New post: What's a license? http://bit.ly/gmdPLM]]> 1 trackback 0 0 23797 NathansonBouer22@gmail.com http://www.louisvillepersonalinjurylawyer.org 212.175.88.20 2013-07-09 14:46:16 2013-07-09 19:46:16 0 0 0
    FRCP Amendments Overview http://westreferenceatt.3fivelab.com/2010/12/frcp-amendments-overview/ Wed, 15 Dec 2010 02:12:22 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3281 2010 US ORDER 27. The changes went into effect December 1st, 2010.  Rules 8 (affirmative defenses), 26 (experts), 56 (summary judgment), and Form 52 of the Federal Rules of Civil Procedure were affected by the amendments. The amended versions are available on Westlaw, where you will also find the Advisory Committee Notes (locate within any of the four rules to: “2010 Amendments”) Reference Attorneys have been swapping references which outline these amendments.  Here are a few favorites: At the Rule: As noted above, find the heading for  “2010 amendments” within the rules.  Here you'll find an in depth overview of changes made to each section. 821 PLI/Lit 517: Development in Federal Civil E-Discovery Pracitce, Current Issues in International Discovery and changes to the Federal Ruels of Civil Procedure, William R. Maguire of Hughes Hubbard & Reed LLP 89-NOV Mich. B.J. 22: 2010 Amendments to the Federal Rules, Thaddeus E. Morgan, Mark W. McInerney [Editors thank Kirstin Keel, Scott Hamel, and Amy Albus for keeping us up to speed on this issue.] ]]> 3281 2010-12-14 20:12:22 2010-12-15 02:12:22 open open frcp-amendments-overview publish 0 0 post 0 _encloseme topsy_short_url _topsy_cache_timestamp _wp_old_slug _topsy_long_url _topsy_long_url topsy_short_url _jd_tweet_this _wp_jd_clig _jd_twitter _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title 23798 http://twitter.com/barrister1988/status/14869083132526592 2010-12-15 02:27:20 2010-12-15 08:27:20 RT @WestRefAttorney: New post: FRCP Amendments Overview http://bit.ly/eP4TFi]]> 1 trackback 0 0 23799 http://twitter.com/westlaw_gc/status/15822018624622592 2010-12-17 17:33:57 2010-12-17 23:33:57 RT @WestLawSchool FRCP Amendments Overview from @WestRefAttorney http://bit.ly/f07rss]]> 1 trackback 0 0 23800 Kochanski4955@aol.com http://www.gzbyzs.net/newsproducts.asp 222.237.79.242 2011-02-25 23:58:24 2011-02-26 05:58:24 0 0 0 23801 Dobrowolski@gmail.com http://kincafe.com/blogpost.fam?c=330466000 108.62.212.88 2011-06-03 23:36:35 2011-06-04 04:36:35 0 0 0 23802 http://twitter.com/westlawschool/status/15821746259103744 2010-12-17 17:32:52 2010-12-17 23:32:52 FRCP Amendments Overview from @WestRefAttorney http://bit.ly/f07rss]]> 1 trackback 0 0 Commonwealth ex rel. Cuccinelli v. Sebelius http://westreferenceatt.3fivelab.com/2010/12/commonwealth-ex-rel-cuccinelli-v-sebelius/ Tue, 14 Dec 2010 00:13:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3304 2010 WL 5059718
    In this case, the Commonwealth of Virginia (the “Commonwealth”), through its Attorney General, challenges the constitutionality of the pivotal enforcement mechanism of the health care scheme adopted by Congress in the Patient Protection and Affordable Care Act (“ACA” or “the Act”)...
    ]]>
    3304 2010-12-13 18:13:00 2010-12-14 00:13:00 open open commonwealth-ex-rel-cuccinelli-v-sebelius publish 0 0 post 0 _encloseme _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug
    Flight Canceled http://westreferenceatt.3fivelab.com/2010/12/flight-canceled/ Mon, 27 Dec 2010 19:23:02 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3325 another blizzard.  The northeastern United States is recovering after 20 to 30 inches of snow fell over the weekend.  The storm has severely disrupted transportation throughout the region, rendering highways impassable and stranding subway riders in New York City.  Like thousands of others attempting to fly to or from a city in the Upper Midwest during our own snow-filled weekend of December 11-12, I ended up stranded in an airport (in my case the Detroit Metro Airport) due to flight cancellations.  During the extra 24 hours I spent in Detroit, I had ample opportunity to think about possible legal issues surrounding such a situation. Obviously, airlines include language in their ticket purchase agreements releasing them from liability for cancellations or delays.  I wanted to check, though, to see if any resourceful litigants had found ways around those exculpatory clauses. I tried a WestlawNext search in All State and Federal Jurisdictions for: liability for flight delay or cancellation (for Westlaw.com users, try an ALLCASES search for delay! cancel! /5 plane airplane flight /s liab! or sy,di(delay! cancel! /5 plane airplane flight /p liab! breach!), which should retrieve some comparable results).  A number of the results involve plaintiffs asserting tort claims, e.g., intentional infliction of emotional distress, to circumvent the bar placed by the contractual language.  Those claims generally found little success, with one court writing:
    Plaintiff must establish both the existence and the violation of a duty owed to her by Defendant to establish liability in tort. . . It appears that Plaintiff does not complain of any duty of care owed by Defendant separate and apart from the Conditions of Carriage. . .  Even if Plaintiff's allegations could be construed as a duty separate and apart from the contract, Defendant had no duty to provide Plaintiff with a stress-free flight environment.  Ray v. American Airlines, Inc., 2009 WL 921124 (W.D. Ark. Apr. 2, 2009).
    ]]>
    3325 2010-12-27 13:23:02 2010-12-27 19:23:02 open open flight-canceled publish 0 0 post 0 _encloseme _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _slidedeck_slide_title _jd_tweet_this _topsy_long_url topsy_short_url 23803 http://twitter.com/blslibrary/status/19815339277688832 2010-12-28 18:01:59 2010-12-29 00:01:59 RT @WestLawSchool: Flight cancellations, liability and exculpatory clauses | West Ref Attorney Blog http://bit.ly/fZwH0y]]> 1 trackback 0 0 23804 http://twitter.com/hammiehamham/status/19790958166020098 2010-12-28 16:25:06 2010-12-28 22:25:06 RT @WestLawSchool: Flight cancellations, liability and exculpatory clauses | West Ref Attorney Blog http://bit.ly/fZwH0y]]> 1 trackback 0 0
    Tax Relief http://westreferenceatt.3fivelab.com/2010/12/tax-relief/ Wed, 22 Dec 2010 20:45:14 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3334 Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, to extend the expiring tax cuts. President Obama signed the legislation into law later that same day. The newly enacted legislation is available on Westlaw and can be found at PL 111-312.]]> 3334 2010-12-22 14:45:14 2010-12-22 20:45:14 open open tax-relief publish 0 0 post 0 _wp_old_slug _topsy_cache_timestamp topsy_short_url _topsy_long_url _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_tweet_this _jd_twitter _encloseme _slidedeck_slide_title _jd_post_meta_fixed _edit_last _topsy_long_url topsy_short_url Write a Hit, Get a Writ http://westreferenceatt.3fivelab.com/2010/12/write-a-hit-get-a-writ/ Wed, 29 Dec 2010 22:09:15 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3341 2010 WL 4703559. It is not uncommon for lesser-known artists and singers to sue their more famous counterparts for claims of copyright infringement.  Back in 2002, for example, Brigham Young student Clinton Poulsen claimed the pop group ‘N Sync's song “See Right Through You” stole portions of his own, similarly-titled song.  Usher himself was involved a similar suit in 2008 in which the composer-songwriter Ernest Straughter (albeit a much more famous plaintiff than Pyatt or Poulsen) claimed that Usher’s song “Burn” infringed some of his original work.  You can view the amended complaint at 2009 WL 1406539 . We weren't able to find much on the origins of the old addage,  "write a hit, get a writ."  In the Intellectual Property Texts and Periodicals (IP-TP) and UK Journals (UK-JLR), we retrieved four doucuments with:

    hit /4 writ

    We nevertheless found relevant documents searching for cases addressing "strikingly similar" (vs. "substantially similar).  For example:
    "Requirements for finding copyright infringement due to “striking similarity” between infringed and infringing works are particularly high when popular music is involved, due to limited number of notes and chords available to composers, resulting in common themes appearing in pieces." Tisi v. Patrick, 97 F.Supp.2d 539

    Our query for this result was wp("strinkingly similar" "striking similarity")

    The case is cited several times for this idea.  In Patry on Copyright:

    "The opining of experts that the similarities are “striking” is (in the absence of access) almost always a disingenuous effort to elevate common place similarities into heightened ones in order to avoid summary judgment." Striking Similarity - Definitions, PATRYCOPY § 9:44  

    And, this memo from Beyonce:

    Like probative similarity, “striking similarity” is an analytical tool for determining whether factual copying may be inferred from circumstantial evidence. Whereas the probative similarity inquiry requires independent proof of access before an inference of factual copying may arise, the striking similarity inquiry does not; the striking nature of such similarities is itself enough to give rise to an inference of access. Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167, 1170 (7th Cir. 1997). The striking similarity test should be “applied with particular stringency in cases ...involving popular music.” Tisi, 97 F. Supp.2d at 5482008 WL 5358761

    Finally, we also reviewed, Well I Wonder, Wonder...Who Wrote The *#!@( 3) ( 3)( 3)( 3)( 3)( 3)( 3)*! Song: A Call for hte Aboloishment of Frivolous Lawsuits in the Music Copyright Infingement Arena Through the Right Mix of Existing Law, DePaul-LCA Journal of Art and Entertainment Law, Fall 1997:

    "However, it is not always the unknown songwriter who suffers in copyright infringement lawsuits. The well-known artist can also fall prey to actions which unjustifiably accuse him of the theft of the songs which are in actuality his own original creations."

    ]]>
    3341 2010-12-29 16:09:15 2010-12-29 22:09:15 open open write-a-hit-get-a-writ publish 0 0 post 0 _wp_old_slug _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last topsy_short_url _topsy_long_url _encloseme topsy_short_url
    So, about that Fuchsia V-Neck... http://westreferenceatt.3fivelab.com/2010/12/so-about-that-fuchsia-v-neck/ Tue, 28 Dec 2010 18:43:32 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3382 Canned Haggis. Used soap50 lbs. of manure. These return-required gifts of Christmas Present may soon be relegated to Christmas Past if Amazon.com has its way. According to the Washington Post, “The online retailer has quietly patented a way for people to return gifts before they receive them, and the patent documents even mention poor Aunt Mildred. Amazon's innovation, not ready for this Christmas season, includes an option to "Convert all gifts from Aunt Mildred," the patent says." The gifts you would have gotten but opted out of before their delivery can be converted into gift cards. The patent is US 7831439.  I was able to track the patent down by searching US-PAT-ALL for aunt-mildred & amazon. (Aunt Mildred makes another, unrelated appearance in this database.  Great Aunt Edna appears in an automated management behavior device. Aunts Ethyl and Agnes could not be found but Uncle Ed is in a 2009 application for a mobile multimedia management system.) Having just survived the post-holiday crowds to make a return myself this, “System and Method for Converting Gifts” seems absolutely brilliant. However, WaPo’s article does conclude with a helpful reminder:  Anna Post, great-great-granddaughter of etiquette-maven Emily Post, kindly extols, "Gift giving is not just about the loot. It's about the fact that someone thought to get you something, and took the time to do it. That's no small thing in this world." Ms. Post is right and I will now reconsider the return and think about un-returning it.  Perhaps a patent lies somewhere in that process. ]]> 3382 2010-12-28 12:43:32 2010-12-28 18:43:32 open open so-about-that-fuchsia-v-neck publish 0 0 post 0 topsy_short_url _topsy_long_url _encloseme _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _topsy_cache_timestamp _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly Welcome to Bankruptcy, USA http://westreferenceatt.3fivelab.com/2010/12/welcome-to-bankruptcy-usa/ Wed, 29 Dec 2010 22:43:54 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3400 Meredith Whitney (“The Woman Who Called Wall Street’s Meltdown”) suggested on 60-Minutes that U.S. municipalities – loaded with debt and suffering from anemic revenue streams - could begin defaulting in record numbers during 2011. This week, we learn of Hamtramck, Michigan.  This small town believes it may not be able to meet its obligations (debt, pension payments, city services) beyond March 1.  After that?  The city has been asking the state for permission to declare bankruptcy.  The Hamtramck city manager says:

    “The state is concerned that if they yes to one, if that door is opened, they’ll have 30 more cities right behind us…But anything else is just a stop gap.  We’re going to continue to pursue bankruptcy until the door is shut, locked, barricaded, bolted.”

    Just how does a municipality declare bankruptcy?  Chapter 9. Research References

    See chapter 90 of Norton's Bankruptcy Law and Practice (NRTN-BLP).

    For an interesting explanation of a Chapter 9 framework, see American Bankruptcy Institute Journal’s The Next Chapter for Municipal Bankruptcy, 29-JUN Am. Bankr. Inst. J. 14. (To pull the article, we searched Journals and Law Reviews (JLR) for ti(municipal! city town county /2 bankrup! insolven!).)

    For filings, try starting with flt(9) in the bkr-all database. FLT = filing type.

    It is worth noting that Whitney’s forecast of hundreds of billions of dollars worth of defaults has been roundly criticized as being overstated by many other market commentators. With the New Year approaching though, we will soon know if Ms. Whitney should more aptly be referred to as Cassandra or simply be deemed to have jumped the shark. Happy 2011!]]>
    3400 2010-12-29 16:43:54 2010-12-29 22:43:54 open open welcome-to-bankruptcy-usa publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _jd_wp_twitter _wp_jd_wp _wp_jd_yourls _wp_jd_target _wp_jd_url _jd_twitter _wp_jd_clig _wp_jd_bitly
    Hot Case: Joe Miller http://westreferenceatt.3fivelab.com/2010/12/hot-case-joe-miller/ Wed, 29 Dec 2010 16:59:51 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3429 Joe Miller's case is now on Westlaw at 2010 WL 5343100.]]> 3429 2010-12-29 10:59:51 2010-12-29 16:59:51 open open hot-case-joe-miller publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug KeyCite for Patent http://westreferenceatt.3fivelab.com/2011/01/keycite-for-patent/ Tue, 04 Jan 2011 19:09:22 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=2929 Patent KeyCite ]]> 2929 2011-01-04 13:09:22 2011-01-04 19:09:22 open open keycite-for-patent publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug 23805 MacinnisLajara442@aol.com http://www.osullivans.com.au/ 201.76.212.108 2012-03-15 17:02:13 2012-03-15 22:02:13 0 0 0 23806 LysiakGans884@hotmail.com http://patent-application.us/prices.html 64.69.210.40 2012-07-19 11:22:16 2012-07-19 16:22:16 0 0 0 Finding Sealed Cases http://westreferenceatt.3fivelab.com/2011/01/finding-sealed-cases/ Tue, 04 Jan 2011 18:56:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3435 affirmed the contempt conviction of a defendant who directed an obscenity at a judge during a sentencing hearing.  The opinion is available on Westlaw at 2010 WL 5299865.  If you click that link, you’ll notice that the title of the case is In re Sealed Case because, naturally, the case has been sealed.  This brings to mind a research problem I’ve encountered a few times. We often get calls from individuals looking for a specific case about which they have limited information.  Perhaps the most frequent such call is from a person who knows the name of at least one party, but may not know the citation, jurisdiction, or date of the opinion.  The easiest method to find such a case is to perform a party-name search using the Title field.  For example, if you know that one party’s name is Smith and the opinion was issued by a judge in the Federal District Court for the District of Minnesota, you can run a search in the DCTMN database for ti(smith).  However, if the case you’re looking for has been sealed, that search will not return it, because Smith's name will not appear in the case title.  You may be thinking, “if the case is sealed, how would I know any of the parties’ names to try that search in the first place?”  For every sealed case, there are likely numerous individuals who are aware of the names of the parties.  If you are one of those people, or asked to find the case by one of those people, your first instinct will likely be to search by the parties’ names. Given the possibility of a case being sealed, it might be worth running a search using information other than the parties’ names when the case you’re looking for cannot be found via a party-name search.  For example, knowing the defendant’s name would do us no good in finding the sealed case linked above, but a search in the CTADC database for contempt /s obscen! vulgar! will retrieve the case. It is relatively rare that this will happen (a search in ALLCASES for ti(sealed) returns only about 500 documents, not all of which are sealed cases), but I have had at least a couple calls in which we have discovered, after several failed party-name searches, that the case we were looking for had been sealed.]]> 3435 2011-01-04 12:56:08 2011-01-04 18:56:08 open open finding-sealed-cases publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug 23807 rokkets@live.com 208.121.65.87 2012-01-07 17:20:44 2012-01-07 23:20:44 0 0 0 23808 http://twitter.com/westlawschool/status/22376566528937984 2011-01-04 19:39:23 2011-01-05 01:39:23 Finding Sealed Cases via @WestRefAttorney http://bit.ly/dQrjxE]]> 1 trackback 0 0 Hot Case: Perry v. Schwarzenegger http://westreferenceatt.3fivelab.com/2011/01/hot-case-perry-v-schwarzenegger/ Tue, 04 Jan 2011 22:27:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3452 Perry v. Schwarzenegger opinion is now on Westlaw: 2011 WL 9576.
    The County of Imperial, its Board of Supervisors, and a Deputy Clerk for the County appeal the denial of their motion to intervene in this case concerning the constitutionality under the United States Constitution of Article I, section 7.5 of the California Constitution (“Proposition 8”). Concurrently, they assert their standing to appeal on the merits the district court order holding Proposition 8 to be unconstitutional. We affirm the denial of the intervention motion, although on different grounds from those relied upon by the district court, and correspondingly we dismiss the appeal on the merits for lack of standing. This decision, of course, does not affect the standing or the separate appeal of the official proponents of Proposition 8.
    The Order Certifying a Queston to the Supreme Court of California is here: 2011 WL 9633.

    Before this panel of the United States Court of Appeals for the Ninth Circuit is an appeal concerning the constitutionality under the United States Constitution of Article I, § 7.5 of the California Constitution (“Proposition 8”). Because we cannot consider this important constitutional question unless the appellants before us have standing to raise it, and in light of Arizonans for Official English v. Arizona, 520 U.S. 43 (1997) ( “ Arizonans ”), it is critical that we be advised of the rights under California law of the official proponents of an initiative measure to defend the constitutionality of that measure upon its adoption by the People when the state officers charged with the laws' enforcement, including the Attorney General, refuse to provide such a defense or appeal a judgment declaring the measure unconstitutional. As we are aware of no controlling state precedent on this precise question, we respectfully ask the Supreme Court of California to exercise its discretion to accept and decide the certified question below.

    ]]>
    3452 2011-01-04 16:27:13 2011-01-04 22:27:13 open open hot-case-perry-v-schwarzenegger publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _topsy_cache_timestamp _wp_old_slug 23809 qwzasilpo@gmail.com http://www.blogxrumertest.org/12543 94.181.163.157 2011-01-26 15:24:34 2011-01-26 21:24:34 0 0 0
    (not so) Sacred Texts http://westreferenceatt.3fivelab.com/2011/01/not-so-sacred-texts/ Tue, 11 Jan 2011 22:30:09 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3459 NPR:

    The justices determined a Ventura County deputy had the right to conduct a warrantless search of the text messages of a man he had arrested on suspicion of participating in a drug deal… The state court ruled 5-2 that U.S. Supreme Court precedent affirms that police can search items found on defendants when they are arrested.

     The San Francisco Examiner provides some context:

    Sheriff’s deputies seized Diaz’s cell phone along with six tabs of Ecstasy. One and one-half hours later, a detective, who did not have a search warrant, looked in the text message folder of the phone and discovered a coded message that referred to Ecstasy sales.

    You can pull up State v. Diaz using the citation 2011 WL 6158.  (I found the case by running “co(high) & text-message” in California cases.) It is worth noting one cool, step-saving difference between using Westlaw or WestLawNext to retrieve this case.  When viewing the document on WestlawNext, you can click on the filings tab to access a transcript of the oral argument.  You would need to search the California Oral Argument Transcripts (CA-ORALARG) for the transcript.  Also worth noting?  This is not the first time we’ve seen cases dealing with warrantless searches of cell phones.  In 2009, the Supreme Court of Ohio in State v. Smith (920 N.E. 2d 949) found the other way – ruling that warrantless cell phone searches violate 4th Amendment rights.  I imagine we will be reading more about this when the Supreme Court gets around to reviewing it all.  Until then?  B2W,TTYL.]]>
    3459 2011-01-11 16:30:09 2011-01-11 22:30:09 open open not-so-sacred-texts publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _jd_wp_twitter _wp_jd_target _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug 23810 mike.carlson@thomsonreuters.com 163.231.6.69 2011-01-12 11:03:06 2011-01-12 17:03:06 1 0 61
    New Rules of the House http://westreferenceatt.3fivelab.com/2011/01/new-rules-of-the-house/ Tue, 11 Jan 2011 22:28:27 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3462 began its first session Wednesday, January 5.  Among the business taken care of in the House of Representatives was the election of a new Speaker of the House, Ohio representative John Boehner.  To read the blow-by-blow account of the election of Mr. Boehner, including who else was nominated, who voted for whom, and “passing the gavel” remarks by former Speaker Nancy Pelosi, try a search of the Congressional Record (CR) for: boehner & da(2011).  Among the results will be a document entitled "Election of Speaker." The article linked above also mentions another action taken by the House on its first day of the session: the modification of House rules.  A document retrieved by the aforementioned search, entitled “Rules of the House,” sets out the rule changes and includes statements by several representatives for and against the changes.]]> 3462 2011-01-11 16:28:27 2011-01-11 22:28:27 open open new-rules-of-the-house publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug Social Networking IPO Watch http://westreferenceatt.3fivelab.com/2011/01/social-networking-ipo-watch/ Fri, 14 Jan 2011 22:07:15 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3465 SecondMarket Inc received a request for information from the Securities and Exchange Commission. This spurred a number of research requests regarding social networking companies.   Researching private companies like SecondMarket and the private companies it serves can be challening.  Here are a few RSA strategies. RESEARCH REFERENCES Reuters Insider has several videos on SecondMarket from CNBC.  Reference Attorneys do not support this product but its a great research tool.  Searching is easy.:

    Trading on SecondMarket, CNBC

    SEC to Pursue Private Exchange Platform

    Investing in New Private Cos.,

    First Look at SecondMarket

    No Action Letters: In 2008, the S.E.C. allowed Facebook to issue restricted stock to employees without having to register the securities. You can find these letters in the Securities No Action Letters database (FSEC-NAL). Facebook's NAL is here: Facebook, Inc. 2008 WL 4635592. Business Citator Reports:  Due diligence queries using the Business Citator Report (BC-COMPANYSRBD) deliver a great deal of information including global filings, corporate overview, financials from SEC, litigation content, IP registrations, stock prices etc.  But, the info on private companies is sometimes limited.  Even so, the Citator Report for LinkedIn did include a link to a news article discussing LinkedIn's forthcoming IPO and recent litigation activity. IPO Monitor:  Facebooks' IPO might not be imminent but LinkedIn appears to be pursuing an IPO. Track IPO's by setting up a WestClip in the IPO Monitor database (IPOMNTR).  IPO Monitor covers initial public offering information from registration statements filed. Reports include recent pricings and recent filings. The Compiled List of Social Media Applications: For a while now, Reference Attorneys have been talking about putting together a list of social media companies for searching Westlaw databases.  Here's a start.  Some companies contain common terms (e.g. delicious) and require a little query massaging (hence the parentheticals).  Also, the search has been broken up into two parts because search boxes on Westlaw typically accept up to 640 characters.   We welcome your additions/corrections to the list.

    Active-Worlds Askville Attensity BetweenCreation blip.tv Blog.com Blogger ccMixter  CiteULike Customer-Lobby Cyworld Dailymotion (Delicious and bookmark! Internet) deviantArt #Digg  Diigo Douga  EHow Eos epinions.com Expression-Engine  Facebook Flickr Fluther FMyLife folkd Forterra Foursquare Geoloqi Google-Buzz Gowalla Groove-Shark Hi5 Hotlist Hyves Identi.ca Jaiku Jottit Justin.tv Kickstarter Kongregate Last.fm Lexroll! LinkedIn Live-Journal  Livestream Meetup.com Metacafe Miniclip Mixx MouthShut.com My2i MySpace MyWeboo Newsvine Nico  NowPublic

    2056 results in allcases (No results for: Askville, Attensity, BetweenCreation, ccMixter, CiteULike, Dailymotion, Diigo)

    OpenCU Open-Diary Openfilm Orkut Pandora PBworks Photobucket Picasa Plaxo Plurk Posterous Qaiku Reddit ReverbNation.com scribd (Second-Life and game gaming virtual linden) sevenload ShareTheMusic (Sims /s  game gaming maxis) Skype SlideShare SmugMug SoundCloud Statsit Stickam StumbleUpon Sysomos Trapster TubeMogul Tumblr Twitter Type-Pad U-stream Viddler Vimeo Vocus Vox Waze Wetpaint Wiki! WordPress Xanga  XING Yammer Yelp YouTube Zooomr  

    5205 in allcases (No results for: OpenCU, Openfilm, PBworks, Picasa, Plurk, Qaiku, ReverbNation.com, scribd, sevenload, ShareTheMusic, SlideShare)

    ]]>
    3465 2011-01-14 16:07:15 2011-01-14 22:07:15 open open social-networking-ipo-watch publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url 23811 http://twitter.com/socmediadigest/status/26251435201003521 2011-01-15 12:16:44 2011-01-15 18:16:44 #RT #SM #SocialMedia Social Networking IPO Watch: The Compiled List of Social Media Applications:... http://bit.ly/hODgpo #social #media]]> 1 trackback 0 0 23812 Ledue@aol.com http://forget-flight-simulator-x.blogspot.com/ 202.67.220.144 2011-01-26 16:04:05 2011-01-26 22:04:05 0 0 0 23813 2011-01-15 12:16:44 2011-01-15 18:16:44 ]]> 1 trackback 0 0 23814 81Patout@gmail.com http://bitly.com/pnmvjU 124.244.83.125 2011-09-14 18:55:56 2011-09-14 23:55:56 0 0 0 23815 abdulpickard@gmail.com http://xltwinbedding.kingqueentwinsizebedding.com/ 27.130.187.211 2012-09-18 12:50:17 2012-09-18 17:50:17 0 0 0 23816 floyd_poulin@gmail.com 176.61.141.80 2012-10-19 02:19:06 2012-10-19 07:19:06 0 0 0 23817 danae-knutson@zoho.com http://www.doommantia.com/ 199.180.119.249 2013-05-14 02:08:13 2013-05-14 07:08:13 0 0 0 23818 guadalupe-bivens@gmail.com http://www.funcionapowermax.com/ 184.82.53.145 2013-08-06 14:11:59 2013-08-06 19:11:59 0 0 0
    Arizona http://westreferenceatt.3fivelab.com/2011/01/arizona/ Mon, 10 Jan 2011 23:43:05 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3470 3470 2011-01-10 17:43:05 2011-01-10 23:43:05 open open arizona publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _wp_old_slug 23819 VelazguezReaser02@hotmail.com http://youtu.be/qCthRBeXtlM 88.80.21.161 2012-07-21 02:50:50 2012-07-21 07:50:50 0 0 0 Searching for Generic Usage http://westreferenceatt.3fivelab.com/2011/01/searching-for-generic-usage/ Wed, 19 Jan 2011 23:11:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3492 Microsoft's brief to the Trademark Trial and Appeals Board opposing Apple's trademark application for "App Store" notes:

    A search of Westlaw’s US ALL NEWS database found over 1,000 current articles using “app store” as the generic name for stores featuring apps.

    Do you suppose the folks at SeedIP Law Group read every reference to "app store" in the allnews database?  I can't say.  But, here's a strategy I'd try.  It's simple, really.  The purpose of the research is to demonstrate generic usage of the mark -- usage of the mark in a manner that "neither signifies the source of goods nor distinguishes the particular product from other products on the market" George & Co. LLC v. Imagination Entertainment Ltd., 575 F.3d 383.  Does not signify source: So, first, try a search for "app store" that simply eliminates references to Apple products:

    app-store % itunes ipad iphone mac! apple

    Of course, generic usage doesn't necessarily exclude references to Apple's product. In fact, Microsoft offers these examples:

    WASHINGTON POST, July 27, 2010

    Most cellphone app stores--- iPhone, Android, BlackBerry --- are filled with apps that use your location to list free (or paid) Wifi hotspots near you.

    STANDARD & POOR’S DAILY NEWS, August 3, 2010

    Consumers can download the free application through several app stores including BlackBerry(R) App World(TM) and Android Market(TM).

    Does not distinguish: So, alternatively, one might try queries for Apple products AND its competitors:

    app-store & ipad iphone mac! apple ipod & android & blackberry; or

    app-store & ipad iphone mac! apple ipd & android blackberry

    No results from the above queries include over 1,000 results, but if I were looking for examples, I think these queries might increase efficiency for this project.

    In sum, unique US news references in the allnews database include:

    references in app-store only: over 4351

    references to app-store and apple brands: over 4117

    references to app-store but not to apple products: just over 200

    refrences to app-store and apple products and competitors: at least 500

    Fore more on generic use of marks, try searching the federal intellectual property case law database (FIPTM-CS) for 382Tk1034, the KeyNumber for Generic Terms or Marks. Or, see Chapter 12 of the McCarthy treatise.

    ]]>
    3492 2011-01-19 17:11:44 2011-01-19 23:11:44 open open searching-for-generic-usage publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url
    Official Gazette Now On Westlaw http://westreferenceatt.3fivelab.com/2011/01/official-gazette-now-on-westlaw/ Fri, 21 Jan 2011 16:24:43 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3529 FIP-OG-PAT).  Much of the data from the Official Gazette has always been available on Westlaw through KeyCite and Derwent’s PatStat database.  Even so, requests for the OG were very, very common. This is probably so for two reasons.  First, the OG is the primary source.  Derwent has been around a long time and is a trusted resource but sometimes there's no substitute for searching the primary material on one's own.  Second, the Derwent data provided only the critical post-issuance data, not the full text of the notices. We gave the new database a spin. We tested this query on 1/19/2011 in both databases: re-exam! and da(2011). Here are some key differences between the OG and PatStat.

    Results and Currency:

    PATSTAT: 81 results.  Documents are delivered by patent number.  In other words, each document represents a result for a specific publication number.  The OG is published on Tuesdays.  The most recent OG reference in PATSTAT was from January 11th.  January 18th results appeared on 1/20.

    OG: 61 Results.  Documents are delivered by OG page/volume number.  So, you’ll see several references for each document just as they appear in the Gazette. Most recent documents were from the previous day’s publication, January 18th.

    Alert Strategies:

    For PatStat results you might try a KeyCite alert on the patent you are watching.  Alternatively, set up a WestClip for the desired patent number (e.g. re-exam! & pn(1234567)).  The OG is not yet in KeyCite, however.  So, no KeyCite alerts for now.  But, because the OG database contains text of the USPTO notices, you may set up alerts/searches for more than just the critical post-issuance data.  For example:

    USPTO Notices: action +3 notice

    CFR Notices: c.f.r. +2 11.24 1.47

    37 CFR 1.47 -- Filing when an inventor refuses to sign or cannot be reached

    37 CFR 11.24 --  Reciprocal discipline:

    (a) Notification of OED Director. Within thirty days of being publicly censured, publicly reprimanded, subjected to probation, disbarred or suspended by another jurisdiction, or being disciplinarily disqualified from participating in or appearing before any Federal program or agency, a practitioner subject to the disciplinary jurisdiction of the Office shall notify the OED Director in writing of the same.

    Exparte Reexaminations: ci(epr) This search can also be run in PatStat.  Results in FIP-OG-PAT, however, will include the same text found in the OG.

    ]]>
    3529 2011-01-21 10:24:43 2011-01-21 16:24:43 open open official-gazette-now-on-westlaw publish 0 0 post 0 _encloseme _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _topsy_long_url topsy_short_url _wp_jd_target _jd_wp_twitter _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _jd_post_meta_fixed _edit_last _slidedeck_slide_title
    Construed Terms http://westreferenceatt.3fivelab.com/2011/01/construed-terms/ Mon, 24 Jan 2011 21:52:33 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3537 Soon Westlaw will release a new search field that upgrades searching power for patent claim language within our Markman Order databases. The new Construed Term field (CTM) functions similar to the Words and Phrases (WP) field available for cases and statutes. It identifies documents where a court interpreted specific terms. Almost all of our Markman Orders have been editorially enhanced to include the new field. Try the following search in our MARKMAN-ALL database to get a sense of the information the CTM Field will retrieve:

    CTM(Semi-conductor)

    The CTM field functions by searching  new editorial content that has been added to the Markman documents. The new content can be found at the top of the document or immediately following the headnotes, when headnotes are available within the order. The field displays the hyperlinked terms or phraseology construed in the order. Clicking the link takes the user to the portion of the order where the claim’s construct is discussed.       In some instances, this means directing users to the term itself.  In other instances, users will be directed to the actual construction, not the term. The reason for this is sometimes the term and the court’s interpretation are separated by multiple paragraphs. Still, the primary goal of the link is to guide the user to the relevant language, i.e. the  construction, or meaning given to individual claims.   A Construed Terms index is also available. This index is accessible from a link on the left side of the Markman documents, below the KeyCite links. The Construed Terms index is not an independently searchable database. Instead, users are directed to browse the alphabetical listings and then click on their desired link to run a search in Markman-ALL for that concept in the CTM field.   One final note: Stop words are still stop words.  Stop words are terms typically too common to be searched, like "before" or "into." This is so even though courts are often construing these basic terms. Use the pound-sign before the term to generate the desired results: ctm(#into). ]]>
    3537 2011-01-24 15:52:33 2011-01-24 21:52:33 open open construed-terms publish 0 0 post 0 _encloseme _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url
    New IP Filings on Westlaw http://westreferenceatt.3fivelab.com/2011/01/new-ip-filings-on-westlaw/ Tue, 25 Jan 2011 21:06:43 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3555 “sloppy motions are being filed in far too many interferences,” and can cause unnecessary expense, waste of the board’s resources, and prejudice.  See  LeVeen v. Edwards, 2000 WL 1862543 (and its citing references).  Requests for sample IP administrative filings have been very common over the last several years -second overall in my estimation to requests for the OG.  Last week, Westlaw introduced four new filings databases:

    U.S. International Trade Commission: USITC-FILINGS

    Trademark Trial and Appeal Board:  TTAB-FILINGS

    Board of Patent Appeals and Interferences:  BPAI-FILINGS

    Combined ITC, TTAB, BPAI filings: IPADMIN-FILINGS

    Search: The motion at issue in LeVeen was a preliminary motion for entry of judgment based on either the claims are unpatentable or anticipated. The following search in BPAI-FILINGS yields 21 similar motions:

    (ti,pr(preliminar! /3 motion /5 judgment & anticipat! un-patentab!) ) (21 Docs)

    Access from Administrative Decisions: Many TTAB, BPAI, or ITC decisions link to the administrative filings filed in the matter. Look for the link to “Petitions, Motions, and Filings" on the Links For tab on the left; or in the main document look for a link to “Briefs and Other Related Documents” in the upper left hand corner: Access from the 'KeyRules':  In my experience, one of the most valuable but least used resources are the Wetlaw outlines of applicable rules of practice (BPAI-RULES, ITC-RULES, TTAB-RULES, and related KeyRules databases).  Suppose I am looking for the who, what, where, etc. for a Motion to Amend or Add a Claim in a proceeding before the B.P.A.I.  Access the BPAI Rules database (BPAI-RULES).  Here I  locate a document that provides me breakdown of everything I need to know about filing a Motion to Amend or Add a Claim.  See BPAI IPF 205.  In addition to the relevant outline, I also have a link to “Related Filings” providing me with a link to “Motions to Amend or Add a Claim filed with Bd.Pat.App. & Interf": As you can see from this screen shot, Westlaw displays the “10 most recent Motions to Amend or Add a Claim filed with Bd.Pat.App. & Interf.”  In addition, I have a hyperlink that takes me to more documents of this type.]]>
    3555 2011-01-25 15:06:43 2011-01-25 21:06:43 open open new-ip-filings-on-westlaw publish 0 0 post 0 _encloseme _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls topsy_short_url _topsy_long_url _wp_old_slug _slidedeck_slide_title _topsy_cache_timestamp _edit_last 23820 georgettahartley@zoho.com http://www.google.com 199.101.102.25 2013-01-12 13:14:42 2013-01-12 19:14:42 alexdombroff@alexanderdombroff.com]]> 0 0 0
    Lethal Injection Drug in Short Supply http://westreferenceatt.3fivelab.com/2011/01/lethal-injection-drug-in-short-supply/ Mon, 31 Jan 2011 21:41:12 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3580 here, here, here, and here. Last week, the only U.S.-based manufacturer of the drug announced it would no longer be producing it.  The linked story explains why:
    The manufacturer, Hospira Inc., of Lake Forest, Ill., had originally planned to resume production of the drug, sodium thiopental, this winter at a plant in Italy, giving state corrections departments hope that the scarcity that began last fall would ease. But the Italian authorities said they would not permit export of the drug if it might be used for capital punishment. Hospira said in a statement Friday that its aim was to serve medical customers, but that “we could not prevent the drug from being diverted to departments of corrections” and the company did not want to expose itself to liability in Italy.
    Due to the shortage, Oklahoma executed an individual in December using phenobarbital as a substitute for thiopental sodium.  Other states, including Ohio, are poised to make the same switch. Filings / Arguments citing the shortage: Death row inmates facing execution have begun to cite the drug shortage in efforts to delay their executions.  I ran a search on Westlaw in the State and Federal Civil Trial Court Filings (FILING-ALL) and BRIEF-ALL databases for: THIOPENTAL PHENOBARBITAL & "DEATH PENALTY" "CAPITAL PUNISHMENT" "LETHAL INJECTION" EXECUTE EXECUTION EXECUTED EXECUTING & da(2010 2011).  Among the results are at least a few documents that note the shortage of the drug.]]>
    3580 2011-01-31 15:41:12 2011-01-31 21:41:12 open open lethal-injection-drug-in-short-supply publish 0 0 post 0 _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _encloseme _wp_jd_bitly _wp_jd_clig _jd_tweet_this _jd_twitter _slidedeck_slide_title topsy_short_url _topsy_long_url 23821 2011-01-31 21:41:15 2011-02-01 03:41:15 ]]> 1 trackback 0 0
    Tried as an Adult http://westreferenceatt.3fivelab.com/2011/02/tried-as-an-adult/ Wed, 09 Feb 2011 22:46:55 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3593 recently heard thirteen-year-old Jordan Brown’s appeal of a lower court’s decision to try him as an adult for the murder of his father’s fiancée.  Brown, who was eleven years old at the time of the 2009 killing, had moved to have his case transferred to juvenile court, but a judge denied that request in March of 2010. Pennsylvania law requires that individuals accused of murder be tried as adults, unless the accused succeeds in having the case transferred to juvenile court.  PA ST 42 Pa.C.S.A. § 6355(e) provides, in part:
    Where the petition alleges conduct which if proven would constitute murder, . . . the court shall require the offense to be prosecuted under the criminal law and procedures, except where the case has been transferred pursuant to section 6322 (relating to transfer from criminal proceedings) from the division or a judge of the court assigned to conduct criminal proceedings.
    The “Section 6322” referred to in that subsection allows the accused to attempt to have his case transferred to juvenile court, but places the burden of proof on the juvenile:
    [T]he child shall be required to establish by a preponderance of the evidence that the transfer will serve the public interest.
    It is not uncommon to hear stories of 16 or 17 year-olds being tried as adults, but I can’t recall hearing of many 11-year-olds facing trial as an adult.  According to this story, Brown would be the youngest person in U.S. history to face life without parole if convicted. RESEARCH I ran a quick  search on Westlaw.com to see how many cases I could find that dealt with young individuals being tried as adults.  I chose to look for ages 5 to 12.  The search, age year-old /2 5 6 7 8 9 10 11 12 /s tried trial try! punish! charg! indict! +5 "as an adult" in ALLCASES, returned 40 results.  At least one of the cases also dealt with an individual who, like Brown, was 11 at the time of the offense.  Another case, Commonwealth v. Kocher, 602 A.2d 1308, which also happened to be a Pennsylvania case, involved a nine-year-old charged as an adult.]]>
    3593 2011-02-09 16:46:55 2011-02-09 22:46:55 open open tried-as-an-adult publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 23822 Wischmeier42@yahoo.com http://www.amateur-nachbarin.com 119.246.213.210 2011-08-14 07:00:32 2011-08-14 12:00:32 0 0 0 23823 http://twitter.com/westrefattorney/status/35469734170329088 2011-02-09 22:46:58 2011-02-10 04:46:58 New post: Tried as an Adult http://bit.ly/ecOcMy]]> 1 trackback 0 0
    Investment Adviser Regulation, Interview with Gerald Lins http://westreferenceatt.3fivelab.com/2011/02/investment-adviser-regulation-interview-with-gerald-lins/ Tue, 15 Feb 2011 00:25:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3602 Regulation of Investment Advisers.  Mr. Lins is General Counsel of ING Investment Management Americas and was staff attorney in the Office of Chief Counsel of the SEC Division of Investment Management, where he dealt extensively with the regulation of investment advisers and investment companies under the federal securities laws. We had an opportunity to talk with Mr. Lins about the changing  regulatory environment and key resources for researchers.  Here are a few excerpts: Definition: What's an investment adviser? linsinterview1 Recent Changes linsinterview2 Resources / New Regulations linsinterview3 Structure and Future of Regulation linsinterview4 RESEARCH REFERENCES Regulation of Investment Advisors, Thomas P. Lemke and Gerald T. Lins on WL: SECREGINA

    Tip from Mr. Lins: Remember "Other Regulators" like the Department of Labor: try, ti,pr("department of labor")

    Latest Changes to Form ADV: try, ti,pr(adv)

    Dodd-Frank Act, PL 111-203 (Approx. 700 pages on WL)

    SEC's "913" Study on Investment Advisers (28 page - pdf) required by Dodd-Frank. SEC Commissioner Elisse Walter's statement on the 913 study (8 pages on Scribd):
    I appreciate the mandate and opportunity that Congress has provided for us to evaluate thoroughly the Commission’s examination and enforcement resources allocated to investment advisers, especially given the inadequate resources, troubling trends, and obvious need for improvement in this area...That said, I am quite disappointed with the result.  Although I voted to release the study, for the first time in my tenure as a Commissioner, I feel that it is necessary for me to writes eparately in order to clarify and emphasize certain facts, and ensure that Congress knows that the current resource problem is severe...
    Search Westlaw News and Insight for "investment adviser." See especially, SEC issues study on investment adviser oversight and Analysis: SEC fiduciary report leaves Wall Street in the dark. Additional References mentioned by Mr. Lins:

    Securities Releases: FSEC-RELS

    No Action Letters: FSEC-NAL

    Financial Crisis Inquiry Commission

    Quick Access to Investment Advisor Act and Rules: From the Securities Practitioner Tab, find the Table of Contents drop-down menu.  Select Investment Advisers Act or Investment Adviser Rules.

    ]]>
    3602 2011-02-14 18:25:00 2011-02-15 00:25:00 open open investment-adviser-regulation-interview-with-gerald-lins publish 0 0 post 0 enclosure enclosure enclosure topsy_short_url _topsy_long_url _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug enclosure _encloseme 23824 http://twitter.com/pro_law/status/37372107004317696 2011-02-15 04:46:19 2011-02-15 10:46:19 Investment Adviser Regulation, Interview with Gerald Lins: ... Americas and was staff attorney in the Office of ... http://bit.ly/euw7rS]]> 1 trackback 0 0 23825 http://twitter.com/pro_legal/status/37400769560846336 2011-02-15 06:40:12 2011-02-15 12:40:12 Investment Adviser Regulation, Interview with Gerald Lins: ... Americas and was staff attorney in the Office of ... http://bit.ly/fAQDje]]> 1 trackback 0 0 23826 Branter@gmail.com http://www.bestlakesdubaideals.com/ 204.45.44.94 2011-09-02 22:18:53 2011-09-03 03:18:53 0 0 0 23827 BrownlowGasser151@hotmail.com http://www.financesinvestments.com 213.151.77.68 2011-10-29 06:14:41 2011-10-29 11:14:41 0 0 0 23828 MilazzoHaut825@yahoomail.com http://nur.li/Linkverzeichnis?category=15&SID=391624d4ea0ad108b63006d97e041f5ff5ea9180 84.73.221.146 2013-04-21 22:51:23 2013-04-22 03:51:23 0 0 0
    The Silent Justice http://westreferenceatt.3fivelab.com/2011/02/the-silent-justice/ Fri, 18 Feb 2011 22:03:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3626 this New York Times story, his last question came on February 22, 2006 (H/T Wall Street Journal Law Blog). To find Justice Thomas’s most recent question, we can search the Supreme Court Oral Argument Transcripts (located in the SCT-ORALARG database on Westlaw.com, and available via the Trial & Oral Argument Transcripts category page on WestlawNext).  A search for Justice /2 Thomas & da(2/22/2006) returns just one transcript, Holmes v. South Carolina.  The transcript of that argument (2006 WL 496231) contains the last verbal interaction between Justice Thomas and a litigant before the Court. Note: The database mentioned above contains transcripts beginning with the Court’s 1990-1991 term.  However, prior to October 2004, the Court did not indicate on the transcript which Justice had asked a specific question.  Instead, the generic term “Question:” was used to indicate that a member of the Court had asked a question.  Thus, when searching for older transcripts, one would not want to search by the Justice’s name as we did above.]]> 3626 2011-02-18 16:03:08 2011-02-18 22:03:08 open open the-silent-justice publish 0 0 post 0 _topsy_long_url topsy_short_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url _encloseme Pre-Trial Social Media Issues http://westreferenceatt.3fivelab.com/2011/03/pre-trial-social-media-issues/ Thu, 03 Mar 2011 02:22:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3631 Romano v. Steelcase Inc., 30 Misc.3d 426, 907 N.Y.S.2d 650 (discovery and privacy); McCann, McCann v. Harleysville Ins. Co. of New York, 78 A.D.3d 1524, 910 N.Y.S.2d 614 (discovery); Crispin v. Christian Audigier, Inc., 717 F.Supp.2d 965 (third-party subpoena). In the discovery context, courts are allowing access to material on social networking sites provided that the information sought is relevant to the issues and the request falls with acceptable discovery standards.  In Romano, the plaintiff in a personal injury case claimed that she “had no life” as a result of her injuries and made claims for loss of enjoyment of life.  Because her postings on Facebook and MySpace were believed to be inconsistent with those claims and because they were necessary to the defense, the court allowed discovery of the postings. Similarly, in In Mackelprang v. Fidelity Nat’l Title Agency of Nevada, 2007 WL 119149 (D. Nev. 2000) the defendants viewed the plaintiff's public MySpace profile after she alleged sexual harassment claims against them.  The court held that the defendants could dig deeper and access through discovery the private messages the plaintiff had exchanged with third parties containing information regarding her allegations. With regard to privacy concerns, the trend is to reject claims that users have a privacy interest in material they post on social networking sites.  In Romano, for example, the court found that users have no reasonable expectation of privacy because Facebook (like most social networking sites) has a privacy policy informing users that they could not guarantee that only authorized users would have access to their information. Ethical questions have also been implicated by informal gathering of information from social networking sites for impeachment purposes.   The New York City Bar’s Committee on Professional Ethics recently issued an opinion which concludes that an attorney may not attempt to gain access to a social network site under false pretenses.  The committee noted that while the non-deceptive “friending” an unrepresented third-party may be acceptable, using an office staffer or investigator to pose as an old friend in order to gather information would clearly fall outside of the rules of professional conduct. The New York State Bar’s Committee on Professional Ethics has also spoken to a related concern – pre-suit gathering of social network information posted by potential parties to a lawsuit.  In a September 2010 opinion, the Committee concluded there was no harm in accessing for information the “public pages” of a social networking site, calling it no different than plugging a name into a Google box.  NY Eth. Op. 843, 2010 WL 3961381 (N.Y.St.Bar.Assn.Comm.Prof.Eth.).  The committee drew a distinction, however, between this and information available only to limited number of select people or “friends.”  They concluded that deceptive attempts to access information hidden behind certain privacy features may cross the line. The end result of allowing access to social network postings could be the production and use of a trove of new information about parties. Without doubt, this will lead to headaches for litigators who are trying to manage the universe of information relevant to their case. RESEARCH REFERENCES

    See Chapter 18 of eDiscovery & Digital Evidence by Jay Grenig and William Gleisner (The Impact of Social Networking on eDiscovery).

    WestlawNext Search:

    FACEBOOK MY-SPACE “SOCIAL NETWORK” “SOCIAL MEDIA” “SOCIAL NETWORK” AND PRIVACY

    FACEBOOK MY-SPACE “SOCIAL NETWORK” “SOCIAL MEDIA” “SOCIAL NETWORK” AND DISCOVERY

    Westlaw Search:

    FACEBOOK MY-SPACE (SOCIAL +1 MEDIA NETWORK!) /30 (EXPECT! +3 PRIV!) (DISCOVERY PRODUC! /10 “FULL DISCLOSURE” "MATERIAL AND NECESSARY" PRIVATE) (PUBLIC /5 ACCESS) (MOTION MOV! +3 COMPEL) “PROTECTIVE ORDER”

    Multi-State Ethics Opinions, Westlaw Database METH-EO:

    facebook my-space linkedin (social +1 network! media)

     

    ]]>
    3631 2011-03-02 20:22:46 2011-03-03 02:22:46 open open pre-trial-social-media-issues publish 0 0 post 0 _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url topsy_short_url _topsy_cache_timestamp _wp_old_slug _encloseme 23829 http://twitter.com/richards1000/status/43147925269774336 2011-03-03 03:17:21 2011-03-03 09:17:21 Pre-Trial Social Media Issues, by @Westlaw http://bit.ly/eXgdMI]]> 1 trackback 0 0 23830 http://twitter.com/westlaw/status/43331294125490176 2011-03-03 15:26:00 2011-03-03 21:26:00 RT @WestRefAttorney: New post: Pre-Trial Social Media Issues http://bit.ly/hnlK72]]> 1 trackback 0 0 23831 http://twitter.com/faithklepperusa/status/43355858092048384 2011-03-03 17:03:36 2011-03-03 23:03:36 @WestRefAttorney blogs recent decisions on social media discovery with helpful search terms for your research needs. http://bit.ly/e51hkX]]> 1 trackback 0 0 23832 http://twitter.com/sullivaninfo/status/43431662259941376 2011-03-03 22:04:49 2011-03-04 04:04:49 RT @WestRefAttorney: Pre-Trial Social Media Issues http://bit.ly/e51hkX with case references]]> 1 trackback 0 0 23833 http://www.legalcurrent.com/its-a-bird-its-a-plane-no-its-a-west-reference-attorney/ 95.138.186.110 2013-02-14 10:04:52 2013-02-14 16:04:52 0 pingback 0 0 23834 GossageBroadwell842@aol.com http://youtu.be//support.google.com/youtube/bin/request.py?contact_type=abuse&hl=en-US 192.95.40.139 2013-04-22 21:48:37 2013-04-23 02:48:37 0 0 0
    Fleeing Legislators http://westreferenceatt.3fivelab.com/2011/02/fleeing-legislators/ Fri, 25 Feb 2011 21:48:05 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3635 left the state, escaping to neighboring Illinois to prevent a quorum in the Republican-controlled Senate.  They did so to preclude a vote on a bill that would, among other things, significantly curtail collective bargaining rights for public employees. Legislators from Indiana have now tried the same tactic.  As this story explains, several Democratic members of the Indiana House of Representatives have also fled to Illinois to make a quorum impossible.  A statement released by the legislators mentions eleven individual “bills of concern” and states, in part:
    [W]e have relocated to Urbana, Illinois, for the immediate future. By staying here, we will be giving the people of Indiana a chance to find out more about this radical agenda and speak out against it.  We will remain here until we get assurances from the governor and House Speaker Brian Bosma that these bills will not be called down in the House at any time this session.
    The bills at the heart of the controversies are available on Westlaw.  See below for search suggestions. Wisconsin: A search for collective! /3 bargain! & da(2011) in the Wisconsin Bill Tracking - Full Text (WI-BILLTXT) database will return both the Senate and Assembly versions of the bill (both are Bill No. 11). Indiana: As mentioned above, there are eleven bills at issue.  As an example, the first one mentioned in the statement (House Bill 1002) can be found with the following search in IN-BILLTXT: CI(1002) & da(2011).]]>
    3635 2011-02-25 15:48:05 2011-02-25 21:48:05 open open fleeing-legislators publish 0 0 post 0 _topsy_long_url topsy_short_url _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _encloseme
    Qaddafi Assets Frozen http://westreferenceatt.3fivelab.com/2011/03/qaddafi-assets-frozen/ Tue, 01 Mar 2011 23:41:10 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3668 EXECUTIVE ORDER-LIBYA, 2011 WL 680156. This document is located in the PRES-DAILY database which includes documents released by the White House Office of Communications and can also be found in the USCCAN database (U.S. Code Congressional and Administrative News). Another great database for Presidential documents is PRES which contains documents such as Executive or Administrative Order, or other presidential memoranda such as Proclamations, Trade Agreement Letters, Reorganization Plans or Designations, released by the Office of the President of the United States.]]> 3668 2011-03-01 17:41:10 2011-03-01 23:41:10 open open qaddafi-assets-frozen publish 0 0 post 0 _slidedeck_slide_title _topsy_cache_timestamp _edit_last _jd_wp_twitter _jd_post_meta_fixed _wp_jd_target _wp_jd_url _wp_jd_yourls _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp topsy_short_url _wp_old_slug _topsy_long_url _encloseme Assessing International Risk http://westreferenceatt.3fivelab.com/2011/03/assessing-international-risk/ Wed, 02 Mar 2011 19:42:49 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3677 2011 WLNR 2908412).   History in the making necessarily gives rise to uncertainties and from the perspective of the legal community, these uncertainties have a direct bearing for our clients conducting business within these countries. Risk Briefings: Check out the Risk Briefing database on Westlaw (RISKBRFG ). It provides comprehensive and timely risk analysis, forecasts, alerts, and background studies and data covering a wide range of risk factors. For example, try: DA(2011) & PR,TI(EGYPT!) or DA(2011) & LIBYA! TUNISIA!. Such information can prove useful in advising clients who have dealings with the affected regions.]]> 3677 2011-03-02 13:42:49 2011-03-02 19:42:49 open open assessing-international-risk publish 0 0 post 0 _wp_jd_clig topsy_short_url _jd_tweet_this _jd_twitter _topsy_long_url _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _encloseme Date with the FCC: House Halts Funding for Net Neutrality Rules http://westreferenceatt.3fivelab.com/2011/03/date-with-the-fcc-house-halts-funding-for-net-neutrality-rules/ Fri, 04 Mar 2011 23:10:33 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3705 hearings (157 Cong. Rec. H1081-01) over new FCC net neutrality rules.  On one side, Congressional Republicans decried the rules as an unnecessary government intrusion into an internet economy doing fine on its own. On the other side, House Democrats argued the need for rules preventing big service providers from using a paid prioritization system of internet access, thus squeezing out smaller companies who would not be able to compete. Ultimately, the House agreed to withhold funding (2011 Cong US HR 1) of any FCC action on the rules until further debate. The  new rules, (2010 WL 5281676) adopted by the FCC in December with a narrow 3-2 vote, are aimed at preventing large companies that provide high-speed Internet service from giving priority to their own content and blocking access by customers to certain other types of content – free Skype internet service, for example. Big telecommunication companies like Verizon and AT&T are opposed to the rules in part because they claim the expense of building out their own networks justifies an open market that allows them to charge more. Since its adoption of the rules, both Verizon and MetroPCS have sued the FCC in the D.C. Circuit, arguing that it overstepped its authority in proposing the rules. See Metro PSC 700 MHZ v. FCC (11-1016) and Verizon v. FCC (11-1014). In the midst of the fray, the FCC has launched something called “The Open Internet Apps Challenge,” a contest (2011 WL 41877) seeking the creation an app (of course) that allows broadband customers to measure and protect Internet openness.  The grand prize - now hold on to your hats here – a reception with FCC officials plus travel costs. Interesting Congressional and industry viewpoints can be found by running the following search in ALLNEWS on Westlaw or the News Category on WestlawNext: f.c.c. /100 (neutrality open /5 internet) and DA(aft 2/2011)]]> 3705 2011-03-04 17:10:33 2011-03-04 23:10:33 open open date-with-the-fcc-house-halts-funding-for-net-neutrality-rules publish 0 0 post 0 _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url _encloseme The Social Network II http://westreferenceatt.3fivelab.com/2011/03/the-social-network-ii/ Tue, 08 Mar 2011 19:18:58 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3685 Callie v. Near , 829 F.2d 888 and William Keeton Enterprises, Inc. v. A All American Strip-O-Rama, Inc., 74 F.3d 178.

    A click on secondary sources revealed several articles directly on point including:

     “Reviewing Agreements Reached During Mediation,” a chapter in Cole’s Mediation Law treatise. (MEDIATION § 4:13); and

    “Disputing Irony: A Systematic Look at Litigation About Mediation,” a detailed Harvard Negotiation Law Review Article.  (11 Harv. Negot. L. Rev. 43)

    A more directed boolean terms and connectors search might look something like:

    ((settlement mediation /4 agreement) /20 enforc!) and fraud! (sufficiently /4 certain definite) and (fail! +3 disclose) (withhold withheld +3 information)

    For those interested in the outcome of the Ninth circuit decision in Facebook, set up a Docket Track in the DOCK-CTA9 for docket number 09-15021.  When the decision is filed, you will be e-mailed an alert.  Other briefing of interest in this case:

    Brief of Appellant/Cross-Appellee Facebook – 2010 WL 5625003

    Brief of Appellee ConnectU (the Twins) – 2010 WL 5625005

    Appellant’s Reply Brief – 2010 WL 562004

    ]]>
    3685 2011-03-08 13:18:58 2011-03-08 19:18:58 open open the-social-network-ii publish 0 0 post 0 _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url _wp_old_slug topsy_short_url _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_yourls _wp_jd_url _wp_jd_target _wp_jd_clig _wp_jd_bitly _wp_jd_wp _jd_twitter _jd_tweet_this topsy_short_url _encloseme 23835 http://twitter.com/erickrhoan/status/45237232017215488 2011-03-08 21:39:31 2011-03-09 03:39:31 RT @WestRefAttorney: The Social Network II http://bit.ly/hlGzzN]]> 1 trackback 0 0 23836 divvey@windowslive.com 122.57.178.108 2011-03-25 18:07:48 2011-03-25 23:07:48 0 0 0 23837 HeiderWallach3556@yahoomail.com http://www.squidoo.com/topics/nonprofits/charities/animal-welfare-charities 41.129.4.11 2012-03-03 19:12:20 2012-03-04 01:12:20 0 0 0
    Topic & Key Number Reclassification http://westreferenceatt.3fivelab.com/2011/03/topic-key-number-reclassification/ Fri, 04 Mar 2011 23:16:15 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3693 101) topic has been completely reclassified and has been renamed Corporations & Business Organizations.  The new topic will have a broader scope than the previous one.  Included in the new topic will be such entities as sole proprietorships, limited liability companies, business trusts, and business, trade, and professional associations.  The new topic will replace the following topics:  Joint-Stock Companies & Business Trusts (225) and Limited Liability Companies (241E). We have also added a completely new topic, Common Interest Communities (83T).  This topic includes various residential associations, such as condominiums, cooperative apartments, homeowners’ associations, and time share and replaces an existing topic: Condominium (89A).  Some other changes include replacement of existing topic Trover & Conversion (389) by the new topic Conversion & Civil Theft (97C).  Similarly, the existing topic Conversion (97) has been replaced by the new topic Equitable Conversion (149T). There are also many smaller changes throughout the Key Number System. KeyNumbers are applied to all cases retroactively.  And, any former key numbers will continue to exist on Westlaw beside the new key numbers, but will be tagged as “formerly.”  In that capacity, the former key numbers will remain searchable. To search for former topic and key numbers, go to the appropriate database and try a search such as: to(formerly +5 101k1) I thank my colleague Susan R. for providing this information.]]> 3693 2011-03-04 17:16:15 2011-03-04 23:16:15 open open topic-key-number-reclassification publish 0 0 post 0 topsy_short_url _wp_old_slug _topsy_long_url _slidedeck_slide_title _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _wp_jd_url _wp_jd_target _wp_jd_yourls _wp_jd_clig _wp_jd_bitly _wp_jd_wp topsy_short_url _jd_tweet_this _jd_twitter _topsy_long_url _encloseme 23838 pisind@hotmail.com 95.220.158.109 2011-03-27 17:47:37 2011-03-27 22:47:37 http://s58.radikal.ru/i160/1103/ae/4c8576b17f4ft.jpg http://s003.radikal.ru/i201/1103/35/cae0fe8f4ac8t.jpg D o w n l o a d]]> 0 0 0 23839 lorettaaldfud@gmail.com http://tenmisoundde.hostoi.com 77.93.2.81 2011-05-01 15:20:56 2011-05-01 20:20:56 Caterpillar d5m]]> 0 0 0 23840 jamesjukine@aol.com 172.129.30.139 2011-09-25 23:24:20 2011-09-26 04:24:20 latest games]]> 0 0 0 23841 399shisi@gmail.com http://www.monclersalesjacket.com/ 14.198.227.154 2011-10-01 04:16:09 2011-10-01 09:16:09 Moncler women coating, penetrating distinction, capable rite is very important. Looking head to your auspices, and I set up a admissible long-term relationship. Moncler women Retailer Creates Make And Attribute,Wear Moncler women,Winter Is Like Come up Leads The Sincere Winter Manner]]> 0 0 0 23842 http://twitter.com/westrefattorney/status/43812034185408512 2011-03-04 23:16:17 2011-03-05 05:16:17 New post: Topic & Key Number Reclassification http://bit.ly/hfgvMz]]> 1 trackback 0 0 23843 gogochanipm@gmail.com http://гогоча.рф/ 46.0.37.197 2012-02-28 22:21:52 2012-02-29 04:21:52 магазины игрушек нижний новгород Ваши дети останутся довольны!]]> 0 0 0 23844 nycrehearsalspace777@gmail.com http://www.nycrehearsalspace.com 38.104.69.138 2012-03-05 10:22:37 2012-03-05 16:22:37 new york city rehearsal space A rehearsal is a previous event in music and theatre (and in other contexts) that is performed before the official public performance, as a form of practising, to ensure that all details of the performance are adequately prepared and coordinated for professional presentation.]]> 0 0 0 23845 lettimaxtop@gmail.com 94.181.142.147 2012-04-02 08:31:22 2012-04-02 13:31:22 buy cheap pall mall purchase more menthol 120 cigarettes more menthol 120 cigarettes.]]> 0 0 0 23846 m.a.cmakeupwholesaleolccokfgeife@gmail.com http://wholesalemac-cosmetics.webs.com/#41625 111.73.45.14 2012-12-12 23:12:12 2012-12-13 05:12:12 wholesale mac cosmetics]]> 0 0 0 23847 soqusa82@yandex.ru 62.146.77.69 2013-06-25 06:55:29 2013-06-25 11:55:29 0 0 0 Hurtful & Hateful Speech Protected http://westreferenceatt.3fivelab.com/2011/03/hurtful-hateful-speech-protected/ Mon, 07 Mar 2011 23:54:28 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3702 e.g., “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests Rape Boys,” and “You're Going to Hell”, approximately 1,000 feet from the church where the funeral was held. Plaintiff, father of the deceased soldier, filed action under various tort theories.  Justice Roberts stated, “Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and-as it did here-inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course-to protect even hurtful speech on public issues to ensure that we do not stifle public debate. That choice requires that we shield Westboro from tort liability for its picketing in this case." Snyder v. Phelps, 09-751, 2011 WL 709517 (U.S. Mar. 2, 2011). The Supreme Court oral argument transcript is here: 2010 WL 3907899.]]> 3702 2011-03-07 17:54:28 2011-03-07 23:54:28 open open hurtful-hateful-speech-protected publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _encloseme 23848 http://arthur2rcasc.wordpress.com/2011/10/22/w5-6-11a/ 72.233.2.44 2011-10-22 11:39:18 2011-10-22 16:39:18 0 pingback 0 0 23849 http://arthur2rcasc.wordpress.com/2011/10/24/w5-7-1a/ 216.151.210.44 2011-10-24 08:22:40 2011-10-24 13:22:40 0 pingback 0 0 Golan v. Holder http://westreferenceatt.3fivelab.com/2011/03/golan-v-holder/ Wed, 09 Mar 2011 22:53:11 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3719 Golan v. Holder (2011 WL 767562 (Mem)). In this copyright case, the Court will examine the constitutionality of the Uruguay Round Agreements Act (URAA). Under the URAA, Congress implemented the Berne Convention which prohibits participating countries from requiring creators to jump through any sort of hoops to acquire copyrights:
    ...The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work... Art 5(2)
    The URAA also  ‘restored’ certain works that fell into the public domain because their creators failed to comply with  statutory formalities.  See section 514 of the act, codified at 17 USCA § 104A.  Unfortunately, business like the ones run by Mr. Golan relied on the ability to market these works without licensing them. The Constitution grants Congress authority to draft legislation which “promotes the progress" of the arts and sciences.  So, the question is whether restoring works already in the public domain might properly be viewed as incentivizing the production of new works.   Detailed background on this case can be found at the SCOTUSblog case page and TechDirt. RESEARCH REFERENCES

    Supreme Court Docket Number: 10-545

    Stanford CIS Site: Golan v. Gonzales

    10th Circuit Case: For related cases and court documents, find the History Tab (on WLNext) or the link for Graphical View (on Westlaw) at the 10th Circuit case: 609 F.3d 1076

      

    Berne Convention: S. Treaty Doc. No. 99-27

    Federal Register: 104A requires authors wishing to enforce their restored rights to notify 'reliance parties.'   These notices may delivered to the Copyright Office which are subsequently published in the Federal Register (FR):

    action +20 "notice of intent" /s uruguay (12 Results)

    and

    "notice of intent" & 104a (20 Results)

    Popular Name Index Data for the Uruguay Round Agreements Act:

    Enacting law: Pub.L. 103–465, Dec. 8, 1994, 108 Stat. 4809

    Amending laws:

    Pub.L. 104–127, Title II, Subtitle A, § 201(b), Apr. 4, 1996, 110 Stat. 951 (19 § 3611)

    Pub.L. 104–188, Title I, ch. 4, § 1449(a), Subtitle J, § 1954(a)(6), Aug. 20, 1996, 110 Stat. 1813, 1928 (19 § 3551; 26 § 411 note)

    Pub.L. 104–295, §§ 11, 20(a)(2), (b)(2), (5), (6), (9) to (11), (13), (16), (c)(1), (2), (7), (9), (d)(2), (f)(2), Oct. 11, 1996, 110 Stat. 3520, 3527 to 3529 (19 §§ 1337, 1671b, 1673a, 1673d, 1677–1, 2192, 2416, 2465 note, 3552, 3571, 3572, 3591, 3592, 3602)

    Pub.L. 105–34, Title XVI, § 1604(b)(3), Aug. 5, 1997, 111 Stat. 1097 (26 § 411 note)

    Pub.L. 105–206, Title V, § 5003(b)(5), July 22, 1998, 112 Stat. 790 (19 § 3555)

    Pub.L. 105–362, Title XIV, § 1401(c), Nov. 10, 1998, 112 Stat. 3294 (19 § 3622)

    Pub.L. 106–200, Title IV, § 405(a), May 18, 2000, 114 Stat. 292 (19 § 3592)

    ]]>
    3719 2011-03-09 16:53:11 2011-03-09 22:53:11 open open golan-v-holder publish 0 0 post 0 _wp_old_slug _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _encloseme
    Legislating a Supreme Court Recusal Process http://westreferenceatt.3fivelab.com/2011/03/legislating-a-supreme-court-recusal-process/ Tue, 22 Mar 2011 19:27:54 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3756 demanded that Kagan step aside because of her previous work as President Obama’s Solicitor General.  Then, seventy-four Democratic members of the Congress signed a letter to Justice Clarence Thomas asking that he recuse himself from the case because his wife’s work as a lobbyist for a group opposing the Health Care law creates the appearance of a conflict of interest.  Just yesterday, there was news that members of the Congress are working to see that Justice Thomas is disbarred.  A Complaint seeking his disbarment was filed in Missouri late last month.    Leaving aside the merits of the debate, what I find so interesting about the calls for recusal is that the only authority that can impose recusal is the individual justice.  There is no procedure that would require a justice to step down, nor is there an appeal process in place following a decision not to recuse, as contrasted to the lower courts. Moreover, the United States Supreme Court is the only governmental entity that is not subject to any mandatory ethics requirements.   This has led some commentators to urge the adoption of legislation that would require ethical accountability for Supreme Court justices.  In this Washinton Post Op-ed, Nan Aron suggests legistation that would make Supreme Court justices accountable to an ethics code.  To enforce compliance she suggests “adjudication by other sitting justices, retired justices, lower court judges, the judicial conference or some combination of these.”   Recently, the Congress has taken up Ms. Aron’s charge.  One bill introduced March 1 would establish recusal procedures including public disclosure of the reasons for recusal and a process that would allow parties to request the Court to decide whether a particular justice has a conflict of interest. It would also apply the Code of Conduct for United States Judges to the Supreme Court.  It currently applies only to other Federal judges.    Another bill (2010 WL 3911894) introduced by Senator Leahy would authorize the designation and assignment of retired justices of the Supreme Court to a particular case in which an active justice is recused.  Introducing the bill, Leahy noted: “Allowing retired justices to sit on the Supreme Court would encourage sitting justices to recuse themselves when there is even an appearance of a conflict of interest.”  156 Cong. Rc. S7791-01   2010 WL 3911894 Passage of any law that would limit Supreme Court power seems, well, unlikely.  For now, the volume of the debate will likely get very loud as the case nears the High Court. In my reading about recusal, I found these additional references interesting: Clarence Thomas’ dangerous conceit in the Los Angeles Times The Court's Recusal Problem in the New York Times]]> 3756 2011-03-22 14:27:54 2011-03-22 19:27:54 open open legislating-a-supreme-court-recusal-process publish 0 0 post 0 topsy_short_url _slidedeck_slide_title _topsy_long_url _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _wp_jd_target _wp_jd_yourls _wp_jd_url _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter topsy_short_url _jd_tweet_this _topsy_long_url _wp_old_slug _encloseme 23850 http://distantobserver.wordpress.com/2011/04/24/what-does-it-mean-to-recuse-oneself/ 76.74.248.238 2011-04-24 14:53:00 2011-04-24 19:53:00 1 pingback 0 0 23851 2011-03-23 14:50:04 2011-03-23 19:50:04 ]]> 1 trackback 0 0 Anatomy of a RIN. http://westreferenceatt.3fivelab.com/2011/04/anatomy-of-a-rin/ Tue, 05 Apr 2011 18:02:07 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3777 We geeked out a bit last week* on Regulation Identifier Numbers (RINs) and learned that maybe they're not all they're cracked up to be.  For the unititated, RINs are extremely useful for tracking the history of proposed administrative rules.  Here's how it works: The Regulatory Information Service Center (RISC) assigns RINs to each regulatory action as directed by Execuitive Order 12866.  See section 4(b).  Also, the Office of Management and Budget asked agencies to include RINs in the headings of their Proposed Rule documents when publishing them to the Federal Register.  So, RINs make excellent search terms for tracking history of a rule.  For example, our patent practitioner readers will recall that the USPTO attempted to change rules related to continuation practice a few years ago until the Eastern District of Virginia stepped in (511 F. Supp. 2d 652).  To review the history of those proposed regs, try this in the FR:

    Westlaw: 0651-AB93 0651-AB94

    WestlawNext: advanced: 0651-AB93 0651-AB94

    Here's a break down of what these numbers mean.  The RIN consists of a 4-digit agency code (0651 for the USPTO) plus a 4-character alphanumeric code.  When an agency needs a RIN for a rulemaking, they contact the RISC.  RISC assigns a number where the first four digits are the agency number and then the next a unique four digit code. The first 4-digit RIN code that can be assigned  is AA00, the second is AA01 and so forth until you get to AA99.  After that, numbering begins at AB01, AB02, etc.  Often we'll search for the name of the agency (e.g. pr(patent /3 office)).  But, knowing the agency code might streamline this process and sophisticate your alerts.  Check out the list of agency and department agency codes RISC provided us last week:

    AgenciesAndSubAgencies (pdf)

    List of Agency Codes (xls)

    But, there's one important caveat.  We tested a number of queries and noticed a number of 'missing' RINs.  What the heck?  RISC wrote us,
    Using the RIN to research rulemaking documents in the Federal Register can be helpful, but it will not be a perfect process.  Many agencies do not put the RIN on the document published in the Federal Register and sometimes print a document with the wrong RIN.  Therefore, you may get some desirable results from such research, but with lots of potential for error.  There has been an effort for years to get agencies to publish their documents with the RIN, but they do not always obtain a RIN for documents until later when they send one to OMB for review or report published actions to a rulemaking in the Unified Agenda.
    *Contributors to this post include Reference Attorneys Judy F., Dan P.]]>
    3777 2011-04-05 13:02:07 2011-04-05 18:02:07 open open anatomy-of-a-rin publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 23852 http://twitter.com/status/status/ 2011-04-05 18:27:46 2011-04-05 23:27:46 ]]> 1 trackback 0 0 23853 http://www.federalregister.gov/blog/2011/04/regulation-identifier-numbers 75.101.243.195 2011-04-06 17:09:50 2011-04-06 22:09:50 1 pingback 0 0 23854 http://Green 200.63.71.54 2011-06-01 14:04:48 2011-06-01 19:04:48 [...] This post was mentioned on Twitter[...]... [...] Read the rest of this excellent post here.... [...]...]]> 1 trackback 0 0 23855 http://legalcurrent.com/2011/06/08/it%e2%80%99s-a-bird-%e2%80%a6-it%e2%80%99s-a-plane-%e2%80%a6-no-it%e2%80%99s-a-west-reference-attorney/ 69.163.130.131 2011-06-08 10:35:41 2011-06-08 15:35:41 1 pingback 0 0 23856 http://westreferenceattorneys.com/2011/06/westlaws-dodd-frank-tab/ 173.201.144.128 2011-06-30 09:27:26 2011-06-30 14:27:26 1 pingback 0 0 23857 BolickLamaster18@gnumail.com http://administrative.allaboutlawyers.info/regulatorypractice/ 110.55.37.164 2012-04-02 18:00:37 2012-04-02 23:00:37 0 0 0 23858 http://westreferenceattorneys.com/2012/07/new-treasury-regulations-re-abusive-collection-tactics/ 173.201.144.128 2012-07-06 09:47:07 2012-07-06 14:47:07 0 pingback 0 0 23859 http://www.legalcurrent.com/its-a-bird-its-a-plane-no-its-a-west-reference-attorney/ 95.138.186.110 2013-02-14 10:04:37 2013-02-14 16:04:37 0 pingback 0 0 23860 lagyxqz@gmail.com http://www.biehouhui.c 110.72.251.181 2013-03-15 23:43:53 2013-03-16 04:43:53 0 0 0
    More on RINs http://westreferenceatt.3fivelab.com/2011/04/more-on-rins/ Thu, 07 Apr 2011 17:50:58 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3791 regulations.gov site.  She noted that,  “One of the many problems with the site is the lack of coordination over details such as the language in the Register that should tell folks to use the docket number or the RIN to locate the actual docket in Regulations.gov.”  We also discussed one important note:  the availability of public comments.  Public comments are regularly requested by our customers.  Typically, we’ll refer customers to one of just two databases on Westlaw:

    FTX-PUBCOMM: The FTX-PUBCOM database contains Public Comment Letters. The IRS solicits comments from the public on new or changed proposed regulations, on released Chief Counsel Notices, or on released Revenue Procedures, et al.

    FSEC-MISC:  Federal Securities Exchange Commission - Miscellaneous Documents has Publicly Available Telephone Interpretations, Comments filed on proposed rule, concept or interpretive release, and policy statements.

    We’ll also note that the agency often comments on submitted comments within the Federal Register.  See, for example 65 FR 38510-01.
    Comment 6: Two comments indicated that the presence of some structure should not prevent the invocation of the provisions of 35 U.S.C. 112, 6. The commentors suggested that the third prong of the 3-prong analysis be modified to read that “the phrase ‘means for’ or ‘step for’ must not be modified by sufficient structure, material, or acts for achieving the claimed function,” citing Seal-Flex, Inc. v. Athletic Track and Court Constr., 172 F.3d 836, 50 USPQ2d 1225 (Fed. Cir. 1999), and Unidynamics Corp. v. Automatic Prod. Int'l, 157 F.3d 1311, 48 USPQ2d 1099 (Fed. Cir. 1998).
    What may have been overlooked was  the comments section of Regulations.com where comments for a number of participating agencies might be read and submitted.  Again, with the caveats… Not all agencies participate in the program.  According to regulations.gov FAQ’s
    A Non Participating agency is a federal agency that publishes federal registers on Regulations.gov and in some cases receives comments through the website. Because these agencies do not participate in the program, the submitted comments are not visible through Regulations.gov. In order to view these comments, users should contact the agency directly. In order to find the contact, reference the section in the Federal Register entitled "For further information contact."
     Finally, our caller also recommended the ABA Report to Congress and the President from the Committee on the Status and Future of Federal e-Rulemaking (pdf).  ]]>
    3791 2011-04-07 12:50:58 2011-04-07 17:50:58 open open more-on-rins publish 0 0 post 0 topsy_short_url _topsy_cache_timestamp _wp_old_slug _topsy_long_url _slidedeck_slide_title _topsy_long_url topsy_short_url _jd_tweet_this _wp_jd_clig _jd_twitter _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _encloseme
    Where Have I Seen That Before? http://westreferenceatt.3fivelab.com/2011/04/where-have-i-seen-that-before/ Fri, 22 Apr 2011 17:12:14 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3799 Richard Prince suffered a loss in federal court (S.D.N.Y.) in March. The court rejected his “fair use” argument for reproducing, in virtually whole part, 28 images from photographer Patrick Cariou’s Rastafarian series “Yes, Rasta” for his own “Canal Zone” paintings. Finding no “transformative comment” on the original works, the court found the paintings infringed Cariou’s copyrights, and granted him summary judgment . (Cariou v. Prince, 2011 WL 1044915). Prince has appealed to the Second Circuit Court of Appeals. The appellate docket is available on Westlaw and WestlawNext. Just enter docket number “11-1197” in the search template for the Westlaw database DOCK-CTA2 or the Second Circuit Court of Appeals Dockets content page on WestlawNext. Other "Appropriation" Research References Fair Use KeyNumber: To produce a list of other “fair use” cases on Westlaw and WestlawNext, search West Key Number 99k53.2. Patry on Copyright: See PATRYCOPY § 10:100, Specific Types of Uses-Appropriation Art
    As Judge Posner and Professor Landes observed: “From the perspective of copyright law the very term “Appropriation Art” is a provocation; “appropriation” of a copyrighted works connotes stealing.”
    ]]>
    3799 2011-04-22 12:12:14 2011-04-22 17:12:14 open open where-have-i-seen-that-before publish 0 0 post 0 _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_jd_url _wp_jd_target _wp_jd_wp _wp_jd_yourls _wp_jd_bitly _jd_twitter _wp_jd_clig _jd_tweet_this _edit_last topsy_short_url _topsy_long_url _wp_old_slug _encloseme 23861 http://westreferenceattorneys.com/2012/06/cariou-v-prince-research/ 173.201.144.128 2012-06-11 15:41:37 2012-06-11 20:41:37 0 pingback 0 0
    Interview with Steven Plitt http://westreferenceatt.3fivelab.com/2011/04/interview-with-steven-plitt/ Wed, 20 Apr 2011 16:39:49 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3801 Couch on Insurance.  He was in town to discuss his new publication, Handling Insurance Cases.  Here are excerpts of our conversation: Why is insurance such a huge topic? lrgtopic How do you possibly manage a "soup to nuts" rewrite of something like Couch on Insurance? souptonuts How did you come to Couch? couchauthor1 Highlights of the new publication. handlinginsurance]]> 3801 2011-04-20 11:39:49 2011-04-20 16:39:49 open open interview-with-steven-plitt publish 0 0 post 0 _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url enclosure _wp_old_slug _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_target _topsy_cache_timestamp _slidedeck_slide_title _slidedeck_post_featured enclosure _encloseme Phrase construction searching http://westreferenceatt.3fivelab.com/2011/04/phrase-construction-searching/ Thu, 28 Apr 2011 01:26:02 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3828 “widely accepted that an adjective at the beginning of a conjunctive phrase applies equally to each object within the phrase. In other words, the first adjective in a series of nouns or phrases modifies each noun or phrase in the following series unless another adjective appears.” 187 Fed.Appx. 681, citing 189 S.W.3d 87, 92 The customer was happy and now you use it the next time you are faced with this daunting research question.]]> 3828 2011-04-27 20:26:02 2011-04-28 01:26:02 open open phrase-construction-searching publish 0 0 post 0 _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _slidedeck_slide_title _jd_post_meta_fixed _wp_jd_target _edit_last _jd_wp_twitter _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _jd_tweet_this _jd_twitter _wp_jd_clig topsy_short_url _topsy_long_url _encloseme Red Soled Shoes http://westreferenceatt.3fivelab.com/2011/05/red-soled-shoes/ Wed, 04 May 2011 15:21:01 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3838 CHRISTIAN LOUBOUTIN brand footwear and is instantly recognizable as a result of plaintiffs' trademark red outsole. “The location of the bright color on the outsole of a women's pump is said to provide an alluring 'flash of red' when a woman walks down the street, or on the red carpet of a special event.” Westlaw has the complaint and can be found at: 2011 WL 1327659. The complaint also lists numerous other famous celebrities and shows that have worn the Red Sole Mark shoes. You can track the progress of this case by tracking this docket on Westlaw. Westlaw has a wealth of Trademark information online. You can also add a Trademark tab to access all Trademark related content in one place. Check out some of the following databases: ALL-TM TRADEMARKSCAN-All has trademarks, service marks and pending applications registered in the U.S., Canada and some European states. CCGTMLAW  Corporate Counsels Guide to Trademark Law and covers the basics of trademark law to help manage day-to-day legal issues MCCARTHY McCarthy on Trademarks and Unfair Competition FIPTM-CS Federal Intellectual Property Trademark Cases TM-DOCK-SUM  Trademark Docket Summaries contains abstracts of docket and trademark information from trademark-related lawsuits filed in federal district courts.]]> 3838 2011-05-04 10:21:01 2011-05-04 15:21:01 open open red-soled-shoes publish 0 0 post 0 _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug topsy_short_url _topsy_long_url _encloseme _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this 23862 2011-05-05 04:18:05 2011-05-05 09:18:05 Red Soled Shoes: You might be wondering what a conversation of women's red-soled shoes is doing in the Reference... http://bit.ly/mNJhdC]]> 1 trackback 0 0 23863 KochStofko3636@googlemail.com http://www.google.com 124.135.242.95 2013-01-29 20:59:27 2013-01-30 02:59:27 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WIRETAP This database contains a two volume set that includes coverage of criminal and civil statutes, penalties and remedies. Expert authors Clifford Fishman and Anne McKenna present vital information on obtaining and executing eavesdropping warrants, computer and network search warrants, minimization requirements and procedures, monitoring and reporting instructions, suppression, recording identification, pretrial and trial tactics, and more. CCGINTRR, Corporate Counsel's Guide to Insider Trading and Reporting will help attorneys, officers, directors, and others with insider trading law compliance. Definitions and key concepts are listed, and topics covered include potential causes of action, reporting and disclosure, liability, remedies and enforcement, and corporate compliance. Also included are several sample insider trading plans and insider trading policies. SECBROMLOW, Bromberg and Lowenfels on Securities Fraud and Commodities Fraud contains a full analysis of all of the securities fraud provisions, particularly Rule 10b-5. INSIDETRAD, Insider Trading Regulation, Enforcement, and Prevention contains Extensive coverage of issues raised by the criminal and SEC investigations into suspicions of widespread hedge fund insider trading. SECLAW-HB, Securities Law Handbook provides in-depth coverage of basic and specialized issues. You can see and track the Rajaratnam docket: DOCK-NY-SDCT, (DEF (raja-ratnam )), 5 docs You can also set up a docket alert in Westlaw to see if and when the Rajaratnam case gets appealed.]]> 3844 2011-05-12 22:57:39 2011-05-13 03:57:39 open open insider-trading-and-wiretaps publish 0 0 post 0 topsy_short_url _topsy_long_url _wp_old_slug _slidedeck_slide_title _topsy_cache_timestamp _edit_last _jd_post_meta_fixed _jd_wp_twitter _topsy_long_url topsy_short_url _wp_jd_clig _wp_jd_wp _wp_jd_bitly _jd_twitter _jd_tweet_this _wp_jd_url _wp_jd_yourls _wp_jd_target _encloseme Local Terms of Art, or How Many Times Can You Kick the Cat? http://westreferenceatt.3fivelab.com/2011/05/local-terms-of-art-or-how-many-times-can-you-kick-the-cat/ Fri, 13 May 2011 21:43:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3853 Certainly an appellant cannot complain because his counsel knows less about his case than does respondent's counsel. If a new trial is to be granted on such a basis it will afford a fertile avenue for defense attorneys who need only plead ignorance or stupidity to get another kick at the cat.  Briggs Transfer Co. v. Farmers Mut. Auto. Ins. Co., 265 Wis. 369, 373-74, 61 N.W.2d 305, 308 (1953). Prior to 1953, case law appears to be entirely silent on the subject of kicking cats, except cases in New York (Baxter v. Mohr, 52 Misc. 558, 102 N.Y.S. 844 (NY Sup. Ct. 1907)) and Indiana (Bicknese v. Brandl, 46 Ind.App. 269, 91 N.E. 41 (Ind. App. 1910)) which are, unfortunately, referring to actual cats. Here are a few more uses of the expression:
    ... the court concluded that Samp could not “expect a third, fourth or fifth  kick at the cat” in opportunities to make a redemption payment.  Harbor Credit Union v. Samp, 2011 WI App 40. ... defendants would not be entitled to another kick at the cat under the guise of an affirmative defense. Silicon Graphics, Inc. v. ATI Technologies, Inc., 06-CV-611-BBC, 2011 WL 322664 (W.D. Wis. Jan. 31, 2011).
    To not apply issue preclusion in this case would encourage parties in Nambe's position to sit on their hands and wait to see what happens instead of opposing summary judgment on an issue crucial to their claims. Then, if other parties who put forth the effort to oppose fail, the waiting parties are allowed a second kick at the cat. Precision Erecting, Inc. v. M & I Marshall & Ilsley Bank, 224 Wis. 2d 288, 309, 592 N.W.2d 5, 14 (Wis. Ct. App. 1998).
    ... appellant contends that remand for retrial would here give the respondent ‘more than one kick at the cat.'12 We do  not see this respondent as having had the first kick, and see the lack of opportunity as not caused by the respondent alone. Merco Distrib. Corp. v. O & R Engines, Inc., 71 Wis. 2d 792, 798, 239 N.W.2d 97, 100-01 (1976).

    An article, written by a distinguished trial judge in this state, closed with these two Latin quotations:

        ‘Nemo debet bis vexari pro eadam causa.’

        ‘Interest reipublicae ut sit finis litium.’

    As the author of that article correctly concluded, these axioms, ‘freely translated,‘ give the underlying principle of res adjudicata: “No one is entitled to more than one kick at the cat.” Applied here, this means that the feline in this case-the 1966 judgment for specific performance of an option contract-is beyond reach of further kicks by either party.  Conway v. Div. of Conservation, Dept. of Natural Res., 50 Wis. 2d 152, 160-61, 183 N.W.2d 77, 81 (1971).

    (Quick plug: I ran this search on WestlawNext using the Advanced Search feature to search for kick! /3 cat.  Then I used the Copy with Reference feature to pull all the above quotes, which saved me a lot of typing time.)]]>
    3853 2011-05-13 16:43:46 2011-05-13 21:43:46 open open local-terms-of-art-or-how-many-times-can-you-kick-the-cat publish 0 0 post 0 _topsy_long_url _jd_wp_twitter _jd_post_meta_fixed topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _encloseme topsy_short_url _topsy_long_url _wp_old_slug _topsy_cache_timestamp _slidedeck_slide_title _edit_last 23865 Geelan@live.com 93.166.121.107 2011-08-13 12:15:23 2011-08-13 17:15:23 0 0 0
    Discovery Karma http://westreferenceatt.3fivelab.com/2011/05/discovery-karma/ Wed, 25 May 2011 02:11:03 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3862 Lee v. Max International, LLC (2011 WL 1651640), U.S. Judge Gorsuch has provided front line discovery warriors language to sink their teeth into:
    “How many times can a litigant ignore his discovery obligations before his misconduct catches up with him? The plaintiffs in this case failed to produce documents in response to a discovery request. Then they proceeded to violate not one but two judicial orders compelling production of the requested materials. After patiently affording the plaintiffs chance after chance, the district court eventually found the intransigence intolerable and dismissed the case as sanction. We affirm. Our justice system has a strong preference for resolving cases on their merits whenever possible, but no one, we hold, should count on more than three chances to make good a discovery obligation.”

    Lee v. Max Int'l, LLC, 10-4129, 2011 WL 1651640 (10th Cir. May 3, 2011).

    Upholding dismissal as a sanction, Judge Gorsuch explains in very specific terms when enough is enough and warns of the consequences of bad “discovery karma”:
    Plaintiffs in this case were given no fewer than three chances … When a party feels at liberty to disobey not just a discovery request but two court orders compelling production of the same material in its control, weeks or months (as in this case) pass without progress in the litigation. Hours, days, weeks of lawyers' time are consumed at great expense. Focus shifts from the merits to the collateral and needless. This is not speedy, inexpensive, or just. Just the opposite. And no doubt tolerating such behavior would encourage only more of it. But there is such thing as discovery karma. Discovery misconduct often may be seen as tactically advantageous at first. But just as our good and bad deeds eventually tend to catch up with us, so do discovery machinations. Or at least that's what Rule 37 seeks to ensure.

    Lee v. Max Int'l, LLC, 10-4129, 2011 WL 1651640 (10th Cir. May 3, 2011)

    In the age of e-Discovery, where discovery maneuvering to gain tactical advantage and the resultant fights are becoming increasingly intense, lawyers seeking to shore their dismissal appeals will no doubt draw on Judge Gorsuch’s “three chances” language. Indeed, if you are up for another primer on what not to do in a discovery battle, check out this (2011 WL 1770468)  recent (and entertaining) bench-slapping out of the DC Circuit which quotes the Lee decision throughout. *But, try these ideas. Circuit opinions concerning dismissal as a discovery sanction can be found by running the following search in federal circuit decisions (CTA):

    DI(170AK1636 and DISMISS!)

    The KeyNumber is for sanctions for failure to reply to discovery requests.  Try a more targeted search:

    170AK1636 /P REPEAT! REGULAR! +3 COMPL! NON-COMPL! VIOLAT! REFUS! FAIL!

    ]]>
    3862 2011-05-24 21:11:03 2011-05-25 02:11:03 open open discovery-karma publish 0 0 post 0 topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _encloseme _topsy_long_url 23866 2011-05-25 02:11:06 2011-05-25 07:11:06 ]]> 1 trackback 0 0 23867 contact@investigationi.it http://www.icsinvestigazioni.it/servizi.html 69.112.149.84 2011-12-03 17:25:53 2011-12-03 23:25:53 0 0 0
    A Plot, A Gunshot & A Hangman’s Knot http://westreferenceatt.3fivelab.com/2011/05/a-plot-a-gunshot-a-hangmans-knot/ Tue, 31 May 2011 16:21:17 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3874 The Conspirator, a film directed by the venerated Robert Redford and released April 2011, treats the military tribunal conviction of Mary Surratt for conspiring in the assassination of President Abraham Lincoln.  For those unfamiliar with the story, Mrs. Surratt was proprietor of the boarding house frequented (and sometimes lived in) by John Wilkes Booth, and she was the mother of John Surratt, a Booth confederate and alleged conspirator.  Tried by a military tribunal with more lenient rules of evidence, no jury of peers, and no presumption of innocence, Mrs. Surratt’s case reached a conclusion fairly described as pre-determined.  She was convicted and hanged in 1865.  Mary Surratt holds the unenviable distinction of being the first woman executed by the United States government. In the aftermath of Mary Surratt’s execution, questions were raised regarding military authority over civilians.  Ultimately, these questions would be answered by a case before the United States Supreme Court in 1866.  The case, Ex Parte Milligan (1866 WL 9434 subscription required), held that martial law was acceptable “on the theatre of active military operations” where civil courts do not function.  However, where civil courts remain in operation, civilians may not be tried by military tribunal; they must be allowed to avail themselves of the courts and of the safeguards of the U.S. Constitution, “a law for rulers and people, equally in war and in peace.” Ex Parte Milligan is hailed as a landmark case for its protection of civil rights.  The story of Mary Surratt, once obscure, is gaining in popularity and spawning debate of her guilt or innocence.  Readers interested in reviewing the Milligan case may access it on Westlaw.  You may also find other cases and secondary sources pertaining to military topics in the MIL-TP (Military Texts and Periodicals) and MJ (Military Justice Cases)* databases.   And for you film buffs, take a minute to peruse Roger Ebert’s review of The Conspirator. Other Sources / Research  

    *An interesting case NOT found in the MJ database (coverage begins in 1951), does provide some clues as to where to find documents related to the Surratt trial.  See 27 F.Cas. 1367:

     The trial of Mrs. Mary E. Surratt and others for the murder of Abraham Lincoln, president of the United States, was by military commission sitting in Washington, D. C., in May, 1865. The trial of John H. Surratt was by the criminal court of the District of Columbia, in June, 1867.

    As decisions by the military courts and the courts of the District of Columbia after their reorganization under the act of March 3, 1863 (12 Stat. 764), are not included in this series, the reader is referred to the pamphlet reports of these trials, which can be found at many of the larger libraries. The trial of Mrs. Mary E. Surratt and others it sometimes denominated the ‘Conspiracy Trials.’
    For related Journals and Law reviews, try: 

    Westlaw Database: jlr

    Query: mary /3 surratt

    Results: 32

    Also check out the official site's resource center.

    ]]>
    3874 2011-05-31 11:21:17 2011-05-31 16:21:17 open open a-plot-a-gunshot-a-hangmans-knot publish 0 0 post 0 _wp_old_slug _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 23868 YellenMidgette503@googlemail.com http://Www.BLACkbErryphONereviews.com/2013/07/top-reasons-to-buy-igf-1/ 173.245.220.47 2013-07-09 21:52:17 2013-07-10 02:52:17 0 0 0
    Dr. Kevorkian Dies of Natural Causes http://westreferenceatt.3fivelab.com/2011/06/dr-kevorkian-dies-of-natural-causes/ Mon, 06 Jun 2011 17:09:20 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3893 TI(JACK /3 KEVORKIAN) in ALLCASES on Westlaw). In 1997 Oregon was the first state and remains perhaps the only state which allows for physician assisted suicide of the terminally ill. For a state by state analysis of the right to die issues, try the SURVEYS database in Westlaw with the following search: EUTHANASIA RIGHT-TO-DIE ASSISTED-SUICIDE MERCY-KILLING. The Surveys database contains a variety of topical surveys providing references to applicable state laws. Tables in PDF format, where provided, include important subtopics and related statutory provisions. Tables in PDF format, where provided, include summaries and legal analysis for important subtopics with related statutory provisions. ]]> 3893 2011-06-06 12:09:20 2011-06-06 17:09:20 open open dr-kevorkian-dies-of-natural-causes publish 0 0 post 0 _slidedeck_slide_title _topsy_cache_timestamp _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_yourls _wp_jd_url _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_tweet_this _jd_twitter topsy_short_url _topsy_long_url _topsy_long_url topsy_short_url _wp_old_slug _encloseme John Edwards Indictment http://westreferenceatt.3fivelab.com/2011/06/3930/ Mon, 06 Jun 2011 13:21:45 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3930 2011 WL 2162889.]]> 3930 2011-06-06 08:21:45 2011-06-06 13:21:45 open open 3930 publish 0 0 post 0 _slidedeck_slide_title _topsy_cache_timestamp _topsy_cache_timestamp _wp_old_slug topsy_short_url _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _topsy_long_url _encloseme 23869 TeresaArrieta17@aol.com http://https://plus.google.com/b/110788158092637979855/ 109.229.189.90 2012-02-26 12:30:39 2012-02-26 18:30:39 0 0 0 Pleading Affirmative Defenses After Twombly http://westreferenceatt.3fivelab.com/2011/06/pleading-affirmative-defenses-after-twombly/ Tue, 07 Jun 2011 14:31:26 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3937 Bell Atlantic Corp v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) revolutionized pleading practice and created a tsunami of case law concerning the level of specificity required in complaints.  But, plaintiff’s counsel are not the only lawyers having to rethink pleading practice in the wake of Twombly and Iqbal -- defense counsel are also scrambling.  The number of motions brought to strike affirmative defenses under F.R.C.P 12(f) for being "insufficient" appears to be rising dramatically over the last four years and, since 2007, there have been no fewer than 80 district court decisions offering up conflicting conclusions to this question: do the higher pleading standards of Twombly apply to affirmative defenses, or only complaints?* In the last two months alone, at least ten district courts have ruled on the issue, most finding that pleading standards for complaints did not apply to defenses asserted by a party responding to a complaint.  See, e.g.,  Reimer v. Chase Bank (2011 WL 2110242),  Schlief v. Nu-Source (2011 WL 1560672), and Tyco v. Victaulic (2011 WL 1399847).   But in many other recent decisions, courts reached the opposite conclusion – that Twombly and Iqbal should be applied to affirmative defenses.  See, e.g., Hayn v. Green Ford Sales (263 F.R.D. 647), Castillo v. Roche Labs (2010 WL 3027726).  To date, no appellate court has ruled on the issue. The Kansas District Court's decision last month in Fally v. Friends Univ. (2011 WL 1429956) is representative of those decisions refusing to apply Twombly.  As its primary justification, the court noted that the burdens associated with pleading claims under Rule 8(a)(2) which provides for “a short and plain statement of the claim” should be read independent of Rule 8(c)(1) which only concern affirmative defenses:  
    The differences between the Rule 8 requirements … are significant to the court. Under the plain language of Rule 8, a party making a claim for relief in a complaint must plead allegations showing that such party is entitled to relief. No such requirement appears in subsection (b) or (c) governing defenses. To the contrary, a responding party must state defenses in short and plain terms. Fed.R.Civ.P. 8(b)(1)(A). And, arguably, a responding party asserting affirmative defenses is required to do no more than “affirmatively state” such affirmative defense.  Falley v. Friends Univ., CIV.A. 10-1423-CM, 2011 WL 1429956 (D. Kan. Apr. 14, 2011)
    The court went on to find that Twombly’s higher standard -- which requires that claims “raise a right to relief above the speculative level” -- should apply only to claims assertion under 8(a) and has no relationship to subsection (b) or (c) -- “where the pleading party bears no burden of showing an entitlement to relief.”  To bolster its decision, the Falley court also concluded that maintaining higher pleading standard for complaints makes sense because plaintiffs may take years to investigate a complaint (limited only by the statute of limitations), but once the complaint is served, a defendant has only 21 days in which to serve an answer.  Accordingly, it makes better sense to require more factual description of a plaintiff than a defendant.  In addition, the court noted that applying the Twombly standards to answers would result in increased motion practice with little practical impact – defendants are often allowed leave to amend as a remedy.  Conversely, courts finding Twombly applicable to affirmative defenses reason that the interpretation of Rule 8(a) in Twombly applies to all pleadings not just to complaints.  They also tend to find that the practical purposes underlying Twombly – the weeding out of unnecessary claims and the prevention of unnecessary costs – should apply equally to affirmative defenses.  Examples of this type of reasoning can be found in Shinew v. Wszola (2009 WL 1076279) and United States v. Quadrini (2007 WL 4303213). Back in the day of notice pleading, bare-bones affirmative defenses were accepted practice.  Today, however, the lack of clarity among the courts on whether the Twombly standards extend to responsive pleadings, creates a bit of a conundrum for defense practitioners and for court houses.  If defense counsel files a thinly worded response believing an affirmative defense might apply, but they have not yet fully fleshed out evidence to support that defense, they now run the risk of inviting a 12(f) motion under Twombly (thus, creating work for the judge and clogging dockets).   On the other hand, it hardly seems fair to require defense counsel to come up with detailed defenses given short federal response times.  Certainly, in the days following the filing of a lawsuit, defendants often lack the factual information that would enable them to meet the higher pleading standard. Until the appellate courts sound off on the issue, defense counsel should be aware the some district courts are inclined to hold the pleading of affirmative defenses to a higher standard and prepare their responses accordingly. *   My search (below) in FED-FILING-ALL for the four years prior to Twombly, delivers just 730 motions and supporting memorandum seeking removal of affirmative defenses.  In the four years since Twombly, the Westlaw database contains  nearly double the number of filings - 1326.

     PR((MOTION +3 DISMISS STRIKE) /30 "AFFIRMATIVE DEFENSE") & 12(F) & da(aft 6/2003 & bef 6/2007) % PR(REPLY RESPONSE OPPOSITION)

     To pull primary law, try running a plain language search in WestlawNext for “application of twombly to affirmative defenses.”  The search will also pull up a growing body of secondary source materials addressing the topic. [Editor's Notes: A Word version of this post is available here: affirmativedefenses if you care to cite check this document.  While this document certainly does not purport to include a comprehensive list of the relevant case law, you might find updating this document with WestCheck helpful.  The web version of Westcheck is here:  www.westcheck.com. For appeals, set up docket alerts using party names or, on occassion, try the the following search in the DOCK-CTA database: ptn((Reimer and Case) (Tyco and Victaulic)  (Hayn and "Green Ford") (Castillo and Roche) (Fally and Friends) (Shinew and Wszola) (Quadrini)) ]]]>
    3937 2011-06-07 09:31:26 2011-06-07 14:31:26 open open pleading-affirmative-defenses-after-twombly publish 0 0 post 0 topsy_short_url _wp_old_slug _topsy_long_url _slidedeck_slide_title _topsy_cache_timestamp _jd_post_meta_fixed _edit_last _jd_wp_twitter _wp_jd_target _wp_jd_yourls _wp_jd_url _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url _encloseme
    Self-Defense, Sovereignty and the War on Terror http://westreferenceatt.3fivelab.com/2011/06/self-defense-sovereignty-and-the-war-on-terror/ Wed, 08 Jun 2011 17:46:50 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3944 Ilyas Kashmiri, without the Pakistani government’s cooperation.  This closely follows the U.S. Navy SEALs' dramatic, equally unilateral operation that dispatched Osama Bin Laden in his Abbottabad, Pakistan compound last month.  The Bin Laden killing was an important victory in the war on terror, and was lauded worldwide.  The same might be said for Kashmiri, but are these operations consistent with  international law?  Article 51 of the United Nations Charter reads:
     “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security…”
    Do the right to self-defense and the interests of national security include the right to conduct military strikes within the borders of another nation to combat terrorist organizations?  In the post-9/11 world, these questions of self-defense, security and state sovereignty remain largely unsettled, but they will likely become increasingly significant. Recent scholarship on these and related issues can be found on Westlaw and WestlawNext. In Journals and Law Reviews, try the following Terms and Connectors search: 

    drone /s sovereign! self-defen! security assassinat!

    Also see: 

    UN Charter and Statute of the International Court of Justice:  In the Westlaw database U.S. Treaties and Other International Agreements (USTREATIES),  run the following search:  TI("statute of the international court of justice")

    International Court of Justice decisions addressing Article 51--run the following search in the Westlaw database International Law - International Court of Justice (INT-ICJ):  “Article 51”

    ]]>
    3944 2011-06-08 12:46:50 2011-06-08 17:46:50 open open self-defense-sovereignty-and-the-war-on-terror publish 0 0 post 0 _wp_jd_yourls _jd_tweet_this _jd_twitter _topsy_long_url _wp_jd_wp _wp_jd_bitly _wp_jd_clig topsy_short_url _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _encloseme
    HOT TOPIC: N.J. Court Rules Blog Comments Not Protected http://westreferenceatt.3fivelab.com/2011/06/hot-topic-n-j-court-rules-blog-comments-not-protected/ Thu, 09 Jun 2011 01:11:04 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3966 2011 WL 2184348.
    ]]>
    3966 2011-06-08 20:11:04 2011-06-09 01:11:04 open open hot-topic-n-j-court-rules-blog-comments-not-protected publish 0 0 post 0 _wp_jd_yourls _wp_jd_url _wp_jd_clig _wp_jd_bitly _wp_jd_wp _jd_tweet_this _jd_twitter topsy_short_url _topsy_long_url _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _slidedeck_slide_title _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _encloseme
    Judicial Rhetoric: Whose words are the most immortal? http://westreferenceatt.3fivelab.com/2011/06/judicial-rhetoric-whose-words-are-the-most-immortal/ Tue, 14 Jun 2011 00:30:37 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3892
    President Harry Truman:  The buck stops here.
    William ShakespeareWho steals my purse steals trash; ... ‘Twas mine, ‘tis his, and has been slave to thousands; but he that filches from me my good name robs me of that which not enriches him and makes me poor indeed. Sir William PittThe poorest man may in his cottage bid defiance to all the force of the Crown. It may be frail, its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England can not enter; all his force dare not cross the threshold of the ruined tenement! Judge Terence EvansWe live in a world of deadlines. If we're late for the start of the game or the movie, or late for the departure of the plane or the train, things go forward without us. The practice of law is no exception. A good judge sets deadlines, and the judge has a right to assume that deadlines will be honored. The flow of cases through a busy district court is aided, not hindered, by adherence to deadlines.   Spears v. City of Indianapolis, 74 F.3d 153, 157 (7th Cir.1996)  Judge Benjamin CardozoNegligence in the air, so to speak, will not do.  Palsgraf v. Long Island R.R. Co., 248 N.Y. 339, 341, 162 N.E. 99, 99 (1928)
    Yogi Berra:  It's deja vu all over again.
    For the full list of "immortal words" cases on Westlaw.com, click here to run a search in ALLCASES.
    ]]>
    3892 2011-06-13 19:30:37 2011-06-14 00:30:37 open open judicial-rhetoric-whose-words-are-the-most-immortal publish 0 0 post 0 _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _topsy_long_url _encloseme 23871 Reisin@gmail.com http://www.jaysxlist.com 96.22.61.132 2011-09-26 13:04:38 2011-09-26 18:04:38 0 0 0 23870 http://twitter.com/westrefattorney/status/80431936178368512 2011-06-14 00:30:42 2011-06-14 05:30:42 New post: Judicial Rhetoric: Whose words are the most immortal? http://bit.ly/mR3BHL]]> 1 trackback 0 0
    The Ultimate Snub: 92 Years After His Death, Heirs Inherit Millions http://westreferenceatt.3fivelab.com/2011/06/the-ultimate-snub-92-years-after-his-death-heirs-inherit-millions/ Tue, 14 Jun 2011 18:06:40 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3954 great 4 part article about this unusual story. Finding estate planning/probate type research can be difficult due to the simple word “will”. The word “will” appears everywhere. "The Court will . . . ." "The jury will . . ." But, when you are looking for a case that deals with a will, as in a Testator’s will, searching can get frustrating. Here is  what I do when I am looking for cases that deal with a will. (testator decedent deceased #the #a +1 will) & [whatever else you are searching for] Here is an example of how this can improve your results. Say you need to find some basic cases dealing with a will, creditors, and a mortgage. Normally you could get away with a simple search like this:

    will /p creditor /p mortgage but in California State Cases for instance (CA-CS) this gets 474 documents

    By changing the search with what I recommend above which looks like this:

    (testator decedent deceased #the #a +1 will) /p creditor /p mortgage you get 9 documents

    ]]>
    3954 2011-06-14 13:06:40 2011-06-14 18:06:40 open open the-ultimate-snub-92-years-after-his-death-heirs-inherit-millions publish 0 0 post 0 _wp_jd_url _wp_jd_yourls _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_old_slug _topsy_long_url topsy_short_url _topsy_long_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title topsy_short_url _encloseme 23872 http://twitter.com/heirhunting/status/80856780841816065 2011-06-15 04:38:53 2011-06-15 09:38:53 The Ultimate Snub: 92 Years After His Death, Heirs Inherit Millions: Now, 12 heirs of the lumber tycoon will fin... http://bit.ly/ifKQ4P]]> 1 trackback 0 0
    Bayh-Dole http://westreferenceatt.3fivelab.com/2011/06/bayh-dole/ Thu, 09 Jun 2011 13:40:10 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3961 Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc., 2011 WL 2175210.  In describing the Bayh-Dole Act, the Court stated, “In 1980, Congress passed the Bayh–Dole Act to 'promote the utilization of inventions arising from federally supported research,' 'promote collaboration between commercial concerns and nonprofit organizations,' and 'ensure that the Government obtains sufficient rights in federally supported inventions.” 35 U.S.C. § 200. To achieve these aims, the Act allocates rights in federally funded “subject invention[s]” between the Federal Government and federal contractors (“any person, small business firm, or nonprofit organization that is a party to a funding agreement”). §§ 201(e), (c), 202(a). The Act defines “subject invention” as “any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement.” § 201(e).”  You can see the text of the Bayh-Dole Act at PL 96-517. The Bayh-Dole Act holds a particular significance for universities and is also known as the Bayh-Dole University and Small Business Patent Procedures Act. Technology commercialization has become a very important issue for universities, not only from the perspective of  bringing inventions to benefit the public but also as an additional stream of revenue. The database ECKLICN, Eckstrom's Licensing in Foreign and Domestic Operations, provides great guidance for university licensing issues. Try the following search in this database: PR,TI(LICENSING /5 UNIVERSITY). For general information on the Bayh-Dole Act a search in the texts and periodicals database TP-ALL is a good place to start. PR,CA,TI(BAYH-DOLE)]]> 3961 2011-06-09 08:40:10 2011-06-09 13:40:10 open open bayh-dole publish 0 0 post 0 _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _jd_post_meta_fixed _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url _encloseme A Candidate's Record http://westreferenceatt.3fivelab.com/2011/06/a-candidates-record/ Wed, 15 Jun 2011 00:12:41 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3987 Congressional Record:  Four of last night's Republican debators served or are currently serving in the Congress: Rep. Michele Bachmann, former Speaker of the U.S. House Newt Gingrich, former U.S. Senator Santorum, Rep. Ron Paul. Recordation of votes in the Congressional Record (CR) most often look  like this: "The vote was taken by electronic device, and there were-yeas [number of votes], nays [number of votes], not voting [number not voting], as follows....":  So, try the following search in the CR database, limiting by date and candidate as desired:

    electronic +1 device means and [last name] and da(2010) 

    Governor's Messages:  Statements by former Gov. Tim Pawlenty and Gov. Rick Perry can be found in the Governor's Messages database (ST-LH-MSG).  We had less luck with former Gov. Mitt Romney, former Gov. Gary Johnson, former Gov. Sarah Palin, former Gov. Charles Roemer, and others. We tried simple searches such as "romney," for example. Political Transcripts: We had much better luck for governors in USPOLTRANS.  USPOLTRANS includes verbatim transcipts of news conferences, press briefings, political speeches, and oral testimony from Congressional committee hearings dating back to 1994. There were even a few results for former Utah Governor John Huntsman who entered the race today.  Try, john /3 huntsman for example.  Bill Tracking:  Also, review old bill tracking databases (xx-billtrk-old, where xx = state postal abbreviation).  Here, try sign! adopted veto! /10 governor.  Add relevant date period (date when governor served) and key terms if desired. For example, for former Gov. Palin, try:

    Database: ak-billtrk-old

    Query: SIGN! ADOPT! VETO! /10 GOVERNOR & da(aft 12/04/2006 & bef 07/26/2009) & CRIM!

     

     

    ]]>
    3987 2011-06-14 19:12:41 2011-06-15 00:12:41 open open a-candidates-record publish 0 0 post 0 topsy_short_url _wp_old_slug _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url _encloseme 23873 Palacio78414@hotmail.com http://www.louisvuittonoutletbagsstore.com 174.34.170.76 2012-06-15 00:24:14 2012-06-15 05:24:14 0 0 0
    Lexicographers and the U.S. Supreme Court http://westreferenceatt.3fivelab.com/2011/06/lexicographers-and-the-u-s-supreme-court/ Wed, 15 Jun 2011 23:07:26 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=3993 interesting story in the New York Times regarding the U.S. Supreme Court and the use of dictionaries. The Marquette Law Review, as cited by the article, released a study that found a significant rise in the number of times the Court cites to a dictionary. You can view the study on Westlaw at 94 MARQLR 77. The New York Times article talked to various law professors, lexicographers, and lawyers who looked with caution on this increase. One interesting quote is from a professor at Loyal Law School, commenting about how the press tends to influence dictionary definitions.
    “It may also be a surprise to the Supreme Court justices who look to dictionaries as authorities in construing statutes,” Ms. Aprill wrote in the Arizona State Law Journal, “that in good measure they are interpreting law according to The New York Times.”
    If you wanted to see U.S. Supreme Court cases that cite to a dictionary, try this search through the U.S. Supreme Court cases (SCT) on Westlaw:

    american webster random-house black! oxford /5 dictionary

    There are many ways to find definitions on Westlaw. We have the 9th edition of Black's Law in the BLACKS database. There is also the Word and Phrases database (WORDS-PHRASES) which stores various definitions from cases. If you wanted to search caselaw directly, there are two different searches that I like to use. First is the Words & Phrases field. If you put your search team in the WP() field, any cases that define that term in the headnote will appear. Another search is to try:

    term word phrase +1 [search term]

    Most courts will phrase a definition as "we define the term" or "the word [search term] means." This search has been very helpful in finding definitions.]]>
    3993 2011-06-15 18:07:26 2011-06-15 23:07:26 open open lexicographers-and-the-u-s-supreme-court publish 0 0 post 0 _topsy_long_url _wp_old_slug _topsy_cache_timestamp _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _topsy_long_url topsy_short_url _encloseme 23877 Panny962@gmail.com http://www.neki294729730493.com/ 212.118.13.4 2012-02-23 01:45:05 2012-02-23 07:45:05 0 0 0 23876 494Melero@yahoo.com http://www.guildgamerz.com/ 75.98.169.143 2012-01-05 01:24:44 2012-01-05 07:24:44 maple story guides]]> 0 0 0 23874 mike.carlson@thomsonreuters.com 163.231.6.67 2011-06-16 08:56:55 2011-06-16 13:56:55 1 0 61 23875 Deakin2670@gmail.com http://wherecanibuyakindlenow.com 190.79.157.180 2011-11-21 17:11:46 2011-11-21 23:11:46 0 0 0
    FACEBOOK, FACE RECOGNITION, AND PRIVACY http://westreferenceatt.3fivelab.com/2011/06/facebook-face-recognition-and-privacy/ Thu, 16 Jun 2011 22:21:24 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4000 complaint (pdf) with the Federal Trade Commission (FTC) to order Facebook to suspend the feature.  Members of the Congress have expressed public support for the complaint and have encouraged further FTC involvement. Yesterday the Connecticut Attorney General requested a meeting with Facebook to discuss photo tagging.  The concerns center less on the creepy factor, and more on Facebook’s policy of automatically enabling the feature instead of offering its users the option of enabling it themselves in the first instance. Unless Facebook users affirmatively opt-out by following a series of detailed steps on the site, they will automatically be subject to the feature and run the risk of having the system identify (or misidentify) them is photos. Further, once an automatic tagging takes place, the tag might be shared and stored without the knowledge of the user. To undo this, users are forced to search for the disclosures and then figure out how to deactivate the tags.  Facebook defends opting-out by pointing out that the policy facilitates “sharing” and “community building,” concepts that all Facebook users buy into when they sign up for the service.  But some commentators are suggesting ulterior motives – that by capturing identity information from unwitting users and those less savvy about navigating the (somewhat confusing) privacy settings, Facebook is mining for data in an attempt to “inflating its commercial value as it nears an initial public offering.”     Facebook is certainly no stranger to privacy objections. EPIC  has now filed three complaints with the FTC questioning Facebook privacy settings and challenging the dissemination of address and phone information to third-parties.  Facebook has also been listed as a defendant in at least a dozen cases involving privacy concerns, the two most notable of which are the In re Facebook Privacy Litigation (5:10cv02389) case currently making its way through the Northern District of California court system and a class action complaint (2011 WL 1663627) filed in the Eastern District of New York just last month alleging that Facebook misappropriated the names and likeness of minors without parental consent.*  But it remains unclear whether any laws have been broken or rights violated.  Courts have long held that there is no expectation of privacy in information an individual knowingly exposes to the public. See e.g. California v. Greenwood, 486 U.S. 35 (1988).  Nor was I able to find any case drawing into question the practice of up-front gathering of personal information on websites for behavioral or advertising purposes. To date, no court has ruled against Facebook in a case with wide ranging privacy implications.   *I searched Westlaw for Complaints against Facebook using the following terms and connectors in FILING-ALL:

     (TI,PR(FACEBOOK) & (PRIVACY /3 INV! ACT SETTING CONCERN) & (CONSUMER /3 PROTECT!) (UNFAIR! /3 COMPET!)) & ((DT(COMPLAINT PETITION) % DT(BRIEF MOTION MEMORAN! REPLY RESPONSE ANSWER COUNTER-CLAIM COUNTER-PETITION CROSS-CLAIM COUNTER-COMPLAINT COUNTER-SUIT)))

    ]]>
    4000 2011-06-16 17:21:24 2011-06-16 22:21:24 open open facebook-face-recognition-and-privacy publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 23879 http://twitter.com/bradkirk1/status/84686349323603969 2011-06-25 18:16:13 2011-06-25 23:16:13 Facebook, Face Recognition, & Privacy - A look at the legal issues of Facebook's privacy settings | West Ref Atty http://t.co/RwxnFVD]]> 1 trackback 0 0 23880 Bunes2752@yahoo.com http://nightmares-gordon-ramsay-dividends 187.17.133.1 2011-12-19 04:16:48 2011-12-19 10:16:48 0 0 0 23878 amber@privacyrights.org 98.173.32.100 2011-06-21 16:10:38 2011-06-21 21:10:38 1 0 0
    The end of nonrefundable retainers in Minnesota? http://westreferenceatt.3fivelab.com/2011/06/the-end-of-nonrefundable-retainers-in-minnesota/ Tue, 21 Jun 2011 19:12:16 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4012 Minnesota Rules of Professional Conduct Rule 1.5:
    All agreements for the advance payment of nonrefundable fees to secure a lawyer's availability for a specific period of time or a specific service shall be reasonable in amount and clearly communicated in a writing signed by the client.
    There is no requirement that the fee be held in a trust account, and if the client terminates the representation, often times that means forfeiture of the retainer as well. Minnesota seems on par with other states in this respect.  See, e.g., In re Connelly (2002) 203 Ariz. 413, 55 P.3d 756 (Ariz. 2002) (stating because a non-refundable flat fee reflects a balancing of the risk to both client and lawyer, a flat fee can be larger than the fee generated by hourly rates without being excessive under the rules of professional conduct under Ariz. R. Prof. Cond. Rule 1.5); FL ST BAR Rule 4-1.5.  But see, CO ST RPC Rule 1.5 (“Nonrefundable fees and nonrefundable retainers are prohibited.”) (effective July 1, 2011); In re Stephens, 2006, 851 N.E.2d 1256  (Ind. 2006) (holding nonrefundable retainer provision of attorney's malpractice employment agreement with client violated rule of professional conduct requiring that a lawyer's fee be reasonable, as it locked client to attorney, thereby chilling client's right to terminate the representation under Ind. R. Prof. Cond. Rule 1.5). However the Minnesota Supreme Court recently opted to change language of Rule 1.5.  Under the new wording:
    A lawyer may charge a flat fee for specified legal services, which constitutes complete payment for those services and may be paid in whole or in part in advance of the lawyer providing the services. If agreed to in advance in a written fee agreement signed by the client, a flat fee shall be considered to be the lawyer's property upon payment of the fee, subject to refund as described in Rule 1.5(b)(3). Such a written fee agreement shall notify the client: (i) of the nature and scope of the services to be provided; (ii) of the total amount of the fee and the terms of payment; (iii) that the fee will not be held in a trust account until earned; (iv) that the client has the right to terminate the client-lawyer relationship; and (v) that the client will be entitled to a refund of all or a portion of the fee if the agreed-upon legal services are not provided. . . . . (3) Fee agreements may not describe any fee as nonrefundable or earned upon receipt but may describe the advance fee payment as the lawyer's property subject to refund. Whenever a client has paid a flat fee . . . and the lawyer-client relationship is terminated before the fee is fully earned, the lawyer shall refund to the client the unearned portion of the fee. If a client disputes the amount of the fee that has been earned, the lawyer shall take reasonable and prompt action to resolve the dispute.

    Minn. R. Prof. Cond. 1.5(b)(1) (effective July 1, 2011) as amended by MN ORDER 11-0005.

    While not prohibiting nonrefundable language as expressly as Colorado, one can’t help but wonder if the de facto application of this amendment will have the same result.  Under the new language of the rule, the nonrefundable fee is considered “the lawyer's property subject to refund.”  The lawyer must return the unearned portion of the fee to the client if the relationship is terminated prior to the fee being fully earned.  This is where things get tricky… How exactly does one know when a fee has been fully earned?  A typical flat-fee retainer would state a dollar amount for services to be performed, but not necessarily an hourly rate by which that would be computed.  Seemingly, though, such an hourly arrangement would be the only way to determine if the attorney has earned the fee on a quantum meruit basis upon termination of the relationship.  As an illustration, if an attorney were to charge a flat, nonrefundable $2,000 retainer to represent a client in connection with a first-offense DWI, go into court for the initial appearance, get an offer for a diversionary program, and help his client enter a plea that day.  How would that attorney be able to establish a right to the full amount of the retainer if no hourly amount had been agreed upon for the purposes of such calculation?  And if that is the method of choice for the determination, is that not a de facto hourly retainer agreement, but with a cap on the amount the attorney can earn in the event the case proceeds to trial? And then comes the issue of the impact on the lawyer’s accounting practices.  Presumably many attorneys working on flat-fee arrangements treated a nonrefundable retainer as money in the bank.  Literally.  But now, as the rule specifies that it is the lawyer’s property subject to refund, would the prudent lawyer put the money in trust so as to avoid an accounting headache should a refund be necessary?  Moreover, does the typical solo attorney used to working on flat fees have the facilities or business practices to track when a fee is earned so as to keep track of refunds? Certainly this amendment to the rule raises some questions.  It will be interesting to see how this plays out over the next few years as attorneys adapt. Additional Research References:
    See Section 1:3 of Robert L. Rossi's treatise: "The use of nonrefundable retainers or nonrefundable fee advances has become the subject of increasing controversy in recent years..." 1 Attorneys' Fees § 1:3 (3d ed.)
     
     
    Ethics Texts and Periodicals (Westlaw Database: ETH-TP):  TI,PR(NON-REFUND! /2 RETAINER) (12 Docs)
    A simple search for nonrefundable retainer on WeslawNext delivers 328 state and federal cases .
    ]]>
    4012 2011-06-21 14:12:16 2011-06-21 19:12:16 open open the-end-of-nonrefundable-retainers-in-minnesota publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _encloseme
    Fictional Hangover Precipitates Legal Headache http://westreferenceatt.3fivelab.com/2011/06/fictional-hangover-precipitates-legal-headache/ Mon, 27 Jun 2011 22:39:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4033 The Hangover II features a monkey involved in drug trafficking, an eccentric “stay-at-home son,” and an international criminal with an insatiable appetite for drugs and debauchery.  There is also a very recognizable tribal facial tattoo.  There is at least one person for whom that last detail is no laughing matter. S. Victor Whitmill is the visual artist who created the Maori-inspired tribal tattoo adorning the face of former champion pugilist “Iron” Mike Tyson.  Whitmill was not pleased to see his work reproduced on the face of actor Ed Helms in The Hangover II without his consent.  His displeasure led him to file a complaint for copyright infringement (2011 WL 2038147) in the United States District Court for Missouri.  The suit has led to a novel legal question regarding the ability to copyright a tattoo.  On May, 24, 2011, Judge Catherine D. Perry denied Whitmill’s preliminary injunction in an oral opinion.  The denial notwithstanding, Judge Perry opined that Whitmill had a “strong likelihood for prevailing on the merits for copyright infringement.”  Research Referneces:

    Articles pertaining to this legal issue may be found on Westlaw in the ALLNEWS database using this Terms & Connectors query: "HANGOVER II" /P COPYRIGHT /P TATTOO

    Topical slice databases make searching for facts much easier.  For example, try this simple query in Federal Intellectual Property – Copyright database (FIPC-CS): tattoo (29 results).

    ]]>
    4033 2011-06-27 17:39:06 2011-06-27 22:39:06 open open fictional-hangover-precipitates-legal-headache publish 0 0 post 0 _wp_old_slug topsy_short_url _topsy_cache_timestamp _topsy_long_url _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _encloseme 23881 vallum@gmail.com http:// 125.212.124.71 2013-03-13 06:08:31 2013-03-13 11:08:31 0 0 0
    Westlaw's Dodd-Frank Tab http://westreferenceatt.3fivelab.com/2011/06/westlaws-dodd-frank-tab/ Thu, 30 Jun 2011 14:27:16 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4039 Fox Rothschild Alert , a JD Supra document.  To review the proposed rule referenced in this alert, see  75 FR 70152-01.  Track its progress by setting up a WestClip in the FR database for RIN 3038-AC96.  For more information on RINs, see our earlier posting, Anatomy of a RIN. Earlier posts addressing the financial crisis highlighted Westlaw’s “Financial Crisis” tab and the “Finance and Banking” folder. The “Dodd-Frank Wall St. Reform” tab is another excellent option. The tab contains the latest federal agency updates, links to key provisions, and a broad selection of primary and secondary sources.  Here are a few notable resources:

    First, we found the citation referenced above by selecting the CFTC Federal Register database and running a simple key terms query:

    See also, the Dodd-Frank Reform and Consumer Protection Act (PLIREF-DEFREF):  an excellent overview of the Act, including specific chapters on the “Volcker Rule” and the new Bureau of Consumer Financial Protection.

    Wall Street Reform-USCCAN (WALLST-USCCAN) is a great option for Dodd-Frank legislative history.

    On WestlawNext, you'll find the Dodd-Frank treatise and other excellent resources from the Finance & Banking content page.]]>
    4039 2011-06-30 09:27:16 2011-06-30 14:27:16 open open westlaws-dodd-frank-tab publish 0 0 post 0 _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _jd_tweet_this topsy_short_url _topsy_long_url _encloseme
    Wal-Mart Class Action Resources http://westreferenceatt.3fivelab.com/2011/06/wal-mart-class-action-resources/ Wed, 29 Jun 2011 19:26:58 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4042 th, 2011, the United States Supreme Court threw out the class-action lawsuit against Wal-Mart brought by 1.5 million female employees alleging sex discrimination in violation of Title VII.  Wal-Mart Stores, Inc. v. Dukes et al. is a landmark decision for federal class-action employment discrimination lawsuits.  In a 5-4 decision, Justice Scalia wrote the majority opinion for the Court holding that the women of the putative class did not provide sufficient evidence to demonstrate Wal-Mart operated under a general policy of discrimination in order to satisfy the commonality prong to permit class certification.  The ruling from the United States Supreme Court has many believing it will make it more difficult for plaintiffs to bring employment discrimination class actions in federal court.  Nina Totenberg for National Public Radio reports that the president of the National Women’s Law Center Marsha Greenberger refers to the decision as having “a triple whammy of a disaster effect for those who are trying to fight discrimination in the workplace.”  The NPR Morning Edition, “High Court Limits Wal-Mart Discrimination Case” is available on Westlaw at 2011 WLNR 12367309. Although the decision may make it more difficult to maintain these types of class actions in federal courts, many states have more liberalized views on these types of suits.  Additionally, the United States Supreme Court clearly stated in a unanimous decision, Smith v. Bayer, that class actions in state law can proceed even though they could not be maintained in federal court.    Westlaw.com and WestlawNext have several employment law treatises which give a state by state analysis of employment discrimination laws with annotations.  For example, Part II of the Employment Discrimination Coordinator (EDC) lists employment discrimination law in the fifty states and other jurisdictions.  Other helpful treatises include Employment Law:  A State-by-State Compendium (DRI-EMPSTATE) and Employment Coordinator (EMPC).  Since the Wal-Mart decision, many companies and corporations may be thinking of filing summary judgment motions, motions to dismiss, or for de-certification of a class based on the court’s ruling.  Try the following search to track any decisions, briefs, or filings on Westlaw.com:

    Databases:  FED-FILING-ALL,FED-BRIEF-ALL,ALLFEDS

    wal-mart /5 dukes & summary-judgment (motion /3 dismiss!) de-certif! & DA(AFT 06/19/2011)

    To view the petition for certiorari for Wal-Mart v. Dukes, any filed briefs, and transcripts of oral arguments, simply go to the case on Westlaw.com at 2011 WL 2437013 and scroll all of the way to the bottom to access these documents.  On WestlawNext, simply click on the Filings tab once on the document.]]>
    4042 2011-06-29 14:26:58 2011-06-29 19:26:58 open open wal-mart-class-action-resources publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme
    Thomas More Law Center v. Obama http://westreferenceatt.3fivelab.com/2011/06/thomas-more-law-center-v-obama/ Thu, 30 Jun 2011 13:39:14 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4052 Westlaw Citation for More v. Obama is 2011 WL 2556039.

    The question squarely presented here is whether the minimum coverage provision is consistent with the Commerce Clause of the Constitution...

    ]]>
    4052 2011-06-30 08:39:14 2011-06-30 13:39:14 open open thomas-more-law-center-v-obama publish 0 0 post 0 topsy_short_url _topsy_long_url _wp_old_slug _topsy_cache_timestamp _slidedeck_slide_title _edit_last _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _jd_twitter _wp_jd_clig topsy_short_url _jd_tweet_this _topsy_long_url _encloseme 23882 FaragClavette292@gmail.com http://cheap-apple-accessories.com 113.89.215.106 2013-07-21 11:20:30 2013-07-21 16:20:30 0 0 0
    I disapprove of what you play, but I will defend your right to play it http://westreferenceatt.3fivelab.com/2011/07/i-disapprove-of-what-you-play-but-i-will-defend-your-right-to-play-it/ Tue, 05 Jul 2011 22:10:57 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4060 2011 WL 2518809), the U.S. Supreme Court upheld decisions striking down a law prohibiting the sale or rental of a video game to a minor “that has been labeled as a violent video game”. You can read the statute on Westlaw by putting this in Find by Citation: CA CIVIL § 1746.1 Violent video games have been a hot topic for a long time now. As a kid, Mario was never decapitating Luigi or deflowering the Princess, but I do remember in my middle school years a lot of my friends were not allowed to play Mortal Kombat. I am not going to lie, not only were my brother and I allowed to play Mortal Kombat, we were even allowed to use the blood code (If I remember right I think it was ABA CABB on the old Sega). This allowed you to pull your opponents head off with his or her spine still attached. When you struck your opponent you could see the blood and you could even send them to land in a pit of spikes if you ended the match delivering a violent upper cut. While we were probably on a 32 bit system at the time, it really was the first “gory” video game I remember playing. This is of course, mild compared to the current games. As technology gets better and we all become even more desensitized, the games are going to get even more realistic and I am sure more violent and controversial. California is not the only state that has attempted to block the sale of these games to minors and they probably will not be the last. According to CNET News:
    “California is one of a string of states that enacted similar laws restricting minors' rights to buy violent video games--legislation that has been repeatedly rejected by lower courts. Laws in Illinois and Michigan were blocked by federal judges on First Amendment grounds in 2005." The Illinois statute (720 ILCS 5/12A-15) was interpreted as violating the First Amendment by Entertainment Software Ass'n v. Blagojevich, 404 F.Supp.2d 1051 (N.D.Ill.2005).
    To find the laws mentioned here as well as others try this search:

    In Westlaw use the LEGIS-OLD database to see session laws from previous legislative sessions in any state. You will get 22 results with this search. (LEGIS-ALL covers session laws from the current legislative sessions).

    VIOLEN! INDECENT! LEWD OBSCEN! /20 VIDEO-GAME GAME /P CHILD! MINOR

    To run the search in WestlawNext, select Proposed & Enacted Legislation from the homepage under All Content.

    Try this search in the BILLTRK database to see which states currently have bills on this issue:

    VIOLEN! INDECENT! LEWD OBSCEN! /20 VIDEO-GAME GAME /P CHILD! MINOR

    If you are looking for some good law review articles on the topic, you will not find yourself in short supply. Try this search in the JLR or LAWREV-PRO database.

    VIOLEN! INDECENT! LEWD OBSCEN! /10 VIDEO-GAME /P SELL! SALE /P CHILD! MINOR & DA(LAST 10 YEARS)

    ]]>
    4060 2011-07-05 17:10:57 2011-07-05 22:10:57 open open i-disapprove-of-what-you-play-but-i-will-defend-your-right-to-play-it publish 0 0 post 0 _topsy_cache_timestamp _slidedeck_slide_title _edit_last _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _encloseme _wp_jd_clig _jd_twitter _jd_tweet_this _topsy_long_url topsy_short_url _wp_old_slug topsy_short_url _topsy_long_url 23883 http://twitter.com/westrefattorney/status/88369313408491520 2011-07-05 22:11:00 2011-07-06 03:11:00 New post: I disapprove of what you play, but I will defend your right to play it http://bit.ly/oYAdlh]]> 1 trackback 0 0
    Court Says Recusal Not Required in Same-Sex Marriage Case http://westreferenceatt.3fivelab.com/2011/07/court-says-recusal-not-required-in-same-sex-marriage-case/ Mon, 11 Jul 2011 20:42:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4066 2011 WL 2321440.) After a review of existing case law under FRCP 455(b)(4)*, the court "adopt[ed] the following legal conclusion: In a case that could affect the general public based on the circumstances or characteristics of various members of that public, the fact that a federal judge happens to share the same circumstances or characteristic and will only be affected in a similar manner because the judge is a member of the public, is not a basis for disqualifying the judge under Section 455(b)(4). The court emphasized that it is a mistake to say that a member of a minority has a greater interest in safeguarding civil rights than the majority: "In our society, a variety of citizens of different backgrounds coexist because we have constitutionally bound ourselves to protect the fundamental rights of one another from being violated by unlawful treatment. Thus, we all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right." The court also found that a possible future interest in marrying is too tenuous or indeterminate to require recusal under the statute: "... to base a recusal standard on future subjective intent to take advantage of constitutional rights is to create an inadministrable test, frustrating congressional efforts to protect judicial integrity with a clear, mandatory recusal statute." Responding to the movants' suggestion that the judge's prior non-disclosure might lead that infamous reasonable person to question his impartiality, which would require recusal under FRCP 455(a), the court observes, "... silence is by its very nature ambiguous, and thus is open to multiple interpretations. Another, and equally reasonable, way to interpret that silence is suggested by Ninth Circuit caselaw, which holds that it is to be presumed that any judge is impartial."  The court goes on to say, "Beginning from the presumption that judges are impartial, the Court postulates that a judge who is silent in such a situation has already, sua sponte, considered the question of recusal and has determined that he need not disqualify himself, because no reasonable observer would conclude that his impartiality could reasonably be questioned." Later, the court goes to far as to observe that the judge in this case, "like all judges, had a duty to preserve the integrity of the judiciary. Among other things, this means that if, in an overabundance of caution, he were to have disclosed intimate, but irrelevant, details about his personal life that were not reasonably related to the question of disqualification, he could have set a pernicious precedent."  (One can only imagine what personal details of his or her life a judge might be contemplating when reading these words.) Already notice of appeal has been filed, while the appeal of the underlying decision on Proposition 8 is still pending.  Certainly we have not heard the last of this issue. * Our search for 455(b)(4) in the FED9-ALL database, yields 35 cases.]]> 4066 2011-07-11 15:42:06 2011-07-11 20:42:06 open open court-says-recusal-not-required-in-same-sex-marriage-case publish 0 0 post 0 _topsy_long_url _wp_old_slug topsy_short_url _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _encloseme _topsy_cache_timestamp _slidedeck_slide_title _jd_post_meta_fixed _edit_last _pingme In Michigan, an Affirmative Action Victory and a Rejection of Referenda Targeting Minorities http://westreferenceatt.3fivelab.com/2011/07/in-michigan-an-affirmative-action-victory-and-a-rejection-of-referenda-targeting-minorities/ Mon, 11 Jul 2011 23:35:12 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4078 decision (2011 WL 2600665), Coalition to Defend Affirmative Action v. Regents of the University of Michigan, is significant because it places minorities on equal footing with the majority in an affirmative action debate in Michigan that has been closely watched for over a decade.  But there is another reason the decision is important: it signals a renewed willingness of courts - indeed, conservative leaning courts at the very highest levels - to reject as unconstitutional efforts by state electorates to limit minority participation by constitutional fiat.    Referenda like Michigan's date back to the 1960s when white majorities attempted to prevent African-Americans from passing anti-discrimination laws and ordinances.   In Hunter v. Erickson, 393 U.S. 385 (1969), the Supreme Court struck down an amendment to the Akron, Ohio city charter which required that all ordinances regulating real estate transactions "on the basis of race and religion" be approved by referendum.  Similarly, in Washington v. Seattle School District, 458 U.S. 457 (1982), the Supreme Court found invalid a Washington state ballot measure that effectively allowed for busing for any reason other than to promote racial integration.  In those cases, the Supreme Court found that the laws in question "placed special burdens on racial minorities within the governmental process, thereby making it more difficult for certain racial and religious minorities than for other members of the community to achieve legislation that is in their interest."   In Romer v. Evans, 517 U.S. 620 (1993), the Supreme Court struck down Colorado's "Amendment 2" which prohibited the state from passing or enforcing any law that would entitle gay and lesbians to "have or claim any minority status, quota preferences, protected status, or claim of discrimination."  The Court found that the amendment withdrew from homosexuals, but not others, legal protection for injuries caused by discrimination and prevented reinstatement of protections.   While recognizing that the amendment could itself be repealed by the voters as some point in the future,  the Court concluded that it was too great a burden to impose on only one group (homosexuals), since no other group would have to amend the constitution or repeal a portion of it in order to create change.*  Notwithstanding these Supreme Court precedents, voters continue to pass referenda directed at minority interests at an alarming rate.  Arizona, California, Nebraska, and Washington all have affirmative action bans similar to the one Michigan voters passed.  In the past decade, over twenty-five states including California, Hawaii, Alaska, Nevada, and Nebraska have all passed referenda limiting the marriage rights of same sex couples, although the California ban, Proposition 8, was recently found to be an unconstitutional on due process and equal protection grounds.  Minnesota voters will vote on an amendment to prevent same sex marriage next year.   I suppose that for opponents of affirmative action and gay marriage, constitutional amendments serve to insure what they believe is a degree of democratic oversight -- voters preventing "rouge" courts from imposing their own policy viewpoints on the will of the people.  But for affirmative action and gay marriage advocates, these amendments serve to confine minorities to a kind of perpetual second-class status leaving them with no realistic avenue to address future injuries caused by discrimination.  Without equal political access, the interests of minorities are necessarily compromised.   A good example is, Vermont, New Hampshire, Maine, the District of Columbia, and now New York which have each passed statutes legalizing same-sex marriage, although Maine’s' statute was overturned through referendum.   Had constitutions been altered in those states, elected officials would never have been allowed to debate the merits of same sex marriage bills let alone bring them to a vote.  Likewise, racial and ethnic focused referenda serve to silence those interested in preserving diversity in classrooms and in the workplace.  Consider what happened in Michigan:   In 2003, the Supreme Court decided in Grutter v. Bollinger (539 U.S. 306) that while the University of Michigan could not set racial quotas for certain racial groups, it could still consider race and ethnicity as a “plus factor" when making individualized decisions.  Not satisfied with that result, a group mobilized to place on Michigan’s ballot a proposal to amend the Michigan Constitution “to prohibit all sex and race–based preferences in public education, public employment, and public contracting.”  Michigan voters eventually passed that proposal by a narrow margin in November of 2006, but (to point out the obvious) they did so with an overwhelmingly white electorate majority.  Further, an exit poll showed that 70% of non-white men and 82% of non-white women voted against the amendment.  Appellant briefing (Brief of Appellant, 2009 WL 1439511) The next month, Michigan institutions were forced to alter long-standing affirmative action programs by eliminating any and all considerations for race. Appellants offered a record (Brief of Appellants, 2009 WL 1439511) showing that as a direct result of the amendment, minority populations in Michigan colleges and universities decreased significantly. Expert testimony (Appellate Brief, 2009 WL 1456909) indicated that it would be "impossible" to "achieve the same sort of racial or ethnic diversity" or "even enroll a critical mass of underrepresented minorities" without considering race.  Worse, because decision-makers could no longer consider race, gender, or ethnic based arguments, minorities were left without a voice altogether.    Drawing from Hunter and Seattle, the Sixth Circuit's decision in Regents has leveled the playing field in Michigan.  As the majority pointed out, while a Michigan citizen seeking to change a school policy on an issue unrelated to race might lobby the admission committee, petition the dean or a school board, or launch a campaign in the state legislature, those interested in effecting change to race-based policies were left with no alternative but to amend the Michigan Constitution, an enormous task requiring resources not typically available to minority groups.  According to the Court, this narrowing of reasonable alternatives, "removed the authority to institute racially-focused policies and ... and lodged it at the most remote level of Michigan's government, the state Constitution."   The result: a violation of the right of minorities in Michigan to equal protection of the law through an impermissible "rigged" game designed "to reproduce its success indefinitely." The Michigan Attorney General has vowed to appeal  the decision and and commentators agree that the outcome is unclear.  A similar case seeking to overturn California's ban is currently pending in the 9th Circuit (Case No. 11-15100).  It is likely that the issue will reach the Supreme Court. In the meantime, the message from Supreme Court precedent and now from the Sixth Circuit is clear: when minorities are deprived equal access, via constitutional amendments, to governmental and political processes available to others, the Equal Protection Clause is violated.   * Since Romer, however, other constitutional amendments effecting minority access have been upheld by lower courts. In Coalition for Economic Equity v. Wilson, 122 F.3d 692 (9th Cir. 1997), for example, the Ninth Circuit refused to apply a ‘political structure’ equal protection analysis because, it reasoned, "group (women and minorities) alleged to face special political burdens itself constituted a majority of the electorate.”  In Citizens for Equal Protection v. Bruning, 455 F.3d 859 (8th Cir. 2006), the Eighth Circuit refused to find a political access problem with Nebraska's gay marriage ban because they ruled that homosexuals are not a suspect class and, under a rational basis standard, laws defining marriage between a man and a woman are "presumptively" valid.]]> 4078 2011-07-11 18:35:12 2011-07-11 23:35:12 open open in-michigan-an-affirmative-action-victory-and-a-rejection-of-referenda-targeting-minorities publish 0 0 post 0 _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _edit_last _jd_post_meta_fixed _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _encloseme topsy_short_url _topsy_long_url 23884 http://twitter.com/dlove03/status/90589653983440896 2011-07-12 01:13:51 2011-07-12 06:13:51 In Michigan, an Affirmative Action Victory and a Rejection of ...: The decision was not based on the value of di... http://bit.ly/oRzmgP]]> 1 trackback 0 0 23885 http://twitter.com/agneshonaker506/status/90748433400467456 2011-07-12 11:44:47 2011-07-12 16:44:47 In Michigan, an Affirmative Action Victory and a Rejection of ...: The decision (2011 WL 2600665), Coalition to ... http://bit.ly/ohw06j]]> 1 trackback 0 0 23886 http://twitter.com/asociologist/status/93340266299269120 2011-07-19 15:23:48 2011-07-19 20:23:48 Westlaw explains 6th Circuit decision overturning MI's anti-affirmative action Prop 2 http://t.co/sQV3K78]]> 1 trackback 0 0 23887 mejercit@hotmail.com 96.229.217.189 2011-09-05 20:34:22 2011-09-06 01:34:22 hunter , the law in question prohibited anti-discrimination ordinances, while the law in question in affirmative action prohibited raCE-BASED PREFERENCES.]]> 1 0 0 23888 NosekFichera304@gmail.com http://manforce-tablets.net/category/apotek 91.232.96.244 2013-03-27 21:23:23 2013-03-28 02:23:23 0 0 0 Form that is not a form: 12b-25 filings http://westreferenceatt.3fivelab.com/2011/07/form-that-is-not-a-form-12b-25-filings/ Thu, 14 Jul 2011 19:45:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4086 17 CFR 240.12b-25). Problem is, how do you find them?  Searching by file type on the Westlaw EDGAR database or on LiveEdgar (business.westlaw.com), yields a single result. What gives?  Simple answer is, the forms are attached to the annual reports.  As a result, best practice is to search using “12b-25” as free text, NOT as form type.  Instead, the notation “NT” (not timely) precedes relevant form types (NT 10-K, for example).  Here are the recommended queries: Business Law Research (business.westlaw.com)

    Free Text: form 12b-25

    Form Type (Body and Exhibits): nt 11-k

    Same search on Westlaw looks like this:

    Database: EDGAR

    Query: FT,FTCA("NT 11-K") & 12B-25

    Note: FT is for "file type", FTCA is for "file type category."  FT queries yield results for specific form types like 10-K/A (amended annual reports).  FTCA queries run across all form types of that category -- all 10-Ks, for example.  We usually recommend using both fields when searching by form type.

     

     

    Results will include the 12b-25 filing.]]>
    4086 2011-07-14 14:45:47 2011-07-14 19:45:47 open open form-that-is-not-a-form-12b-25-filings publish 0 0 post 0 _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_wp _topsy_long_url topsy_short_url _wp_old_slug _topsy_long_url topsy_short_url _topsy_cache_timestamp _slidedeck_slide_title _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_bitly _jd_tweet_this _jd_twitter _wp_jd_clig _encloseme
    The government client: when can an individual be represented by the Department of Justice? http://westreferenceatt.3fivelab.com/2011/07/the-government-client-when-can-an-individual-be-represented-by-the-department-of-justice/ Tue, 19 Jul 2011 18:54:20 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4109 In the letter Tuesday to Mr. Holder, Mr. Grassley and Mr. Issa said they were "disappointed" that the Justice Department failed to tell Mr. Melson he had the right to choose a voluntary interview rather than participate with counsel representing the department's interests. Now to me, this poses that classic law school professional responsibility query:  Who is the client?  When a Department of Justice lawyer represents the head of a government agency at a Congressional hearing, who is the client?  Is it the administration at whose pleasure the attorney serves, the DOJ, the ATF, or the individual himself? Turning to a quick plain language search of All Federal materials on WestlawNext,
    client of federal government attorney (14) Content: Overview Jurisdiction: All Federal
     perhaps the most interesting guidance comes from the CFR.
     Attorneys employed by any component of the Department of Justice who participate in any process utilized for the purpose of determining whether the Department should provide representation to a federal employee, undertake a full and traditional attorney-client relationship with the employee with respect to application of the attorney-client privilege.    
    28 C.F.R. § 50.15(a)(3).  Under the circumstances described in section 50.15, where a government official has been “sued, subpoenaed, or charged in his individual capacity” and “when the actions for which representation is requested reasonably appear to have been performed within the scope of the employee's employment and the Attorney General or his designee determines that providing representation would otherwise be in the interest of the United States,” the individual is the client.  So Ken Melson, acting director of the ATF would be the client in a hearing before Congress. But what if Melson is ultimately determined to be the one responsible and he now faces criminal charges stemming from this program?  Again, section 50.15 provides an answer, but it doesn’t really lay the question to rest.
    Representation generally is not available in federal criminal proceedings. Representation may be provided to a federal employee in connection with a federal criminal proceeding only where the Attorney General or his designee determines that representation is in the interest of the United States and subject to applicable limitations of § 50.16. In determining whether representation in a federal criminal proceeding is in the interest of the United States, the Attorney General or his designee shall consider, among other factors, the relevance of any non-prosecutorial interests of the United States, the importance of the interests implicated, the Department's ability to protect those interests through other means, and the likelihood of a conflict of interest between the Department's prosecutorial and representational responsibilities. If representation is authorized, the Attorney General or his designee also may determine whether representation by Department attorneys, retention of private counsel at federal expense, or reimbursement to the employee of private counsel fees is most appropriate under the circumstances.
    28 C.F.R. 50.15(a)(4)
    If the prosecuting division indicates that the employee is the subject of a federal criminal investigation concerning the act or acts for which he seeks representation, the litigating division shall inform the employee that no representation by Justice Department attorneys will be provided in that federal criminal proceeding or in any related civil, congressional, or state criminal proceeding. In such a case, however, the litigating division, in its discretion, may provide a private attorney to the employee at federal expense under the procedures of § 50.16, or provide reimbursement to employees for private attorney fees incurred in connection with such related civil, congressional, or state criminal proceeding, provided no decision has been made to seek an indictment or file an information against the employee.
    28 C.F.R. 50.15(a)(8) The Department can’t represent an individual it knows it intends to prosecute.  But what if it doesn’t know and the Congressional hearing provides the impetus for the charges?  That opens a whole new can of worms. All in all, with so many questions and problems swirling around this issue, if I were in Melson’s shoes, I think I’d be giving a long hard look at 28 C.F.R. 50.16 - Representation of Federal employees by private counsel at Federal expense.]]>
    4109 2011-07-19 13:54:20 2011-07-19 18:54:20 open open the-government-client-when-can-an-individual-be-represented-by-the-department-of-justice publish 0 0 post 0 _jd_post_meta_fixed _jd_tweet_this _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug topsy_short_url _topsy_long_url _wp_jd_url _wp_jd_target _jd_wp_twitter _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_clig _topsy_long_url topsy_short_url _edit_last _jd_twitter _encloseme
    Recall Chatter on the Rise? http://westreferenceatt.3fivelab.com/2011/07/recall-chatter-on-the-rise/ Mon, 18 Jul 2011 22:54:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4124 preview last week that really brings you up to speed on it).  The recalls were initiated in response to a controversial bill amending Wisconsin Civil Service rules.  While the Wisconsin recalls are probably getting the most press, this year has also seen an attempt to recall the Mayor of Omaha in January.  The Mayor of Miami-Dade County was successfully recalled in March.  As all this has been going on, I’ve been interested to know whether recalls have been featured more prominently in the news recently, or if it just seems that way.  To test this, I ran a quick advanced search in News in WestlawNext.  I searched Recall and Election in opening paragraphs, with a date range of 7/15/10 to 7/16/11 (the one year period before I wrote this).  I came back with 2926 results. 

    Advanced: DA(aft 07-15-2010 & bef 07-16-2011) & HLD(recall & election)

    2925 Documents in Content: News.

    Running the same search, but a year earlier, returns 2095 results in news.  That means there was a significant increase this past year compared to a year earlier.

    Advanced: DA(aft 07-15-2009 & bef 07-16-2010 & HLD(recall & election)

    2095 Documents in Content: News

    This is probably not a fair comparison because the elected officials we would expect to be recalled were at a very different point in the electoral cycle in the 2009-2010 year than they were during the 2010-2011 year. I ran the same search again in the same July to July time frame with regard to the last midterm election, to get results from a comparable period in the election cycle.

    Advanced: DA(aft 07-15-2006 & bef 07-16-2007 & HLD(recall & election)

    2060 Documents in Content: News

    So there has been a clear increase in recall discussion, even when making the comparison against the last midterm elections.  In fact, the only similar period in which I could find more articles was 2003-2004, which was the year when California Governor Gray Davis was recalled and replaced by Governor Arnold Schwarzenegger.  I’m left fairly convinced that there has been a distinct increase in the discussion of recalling public officials in the past year, though as the voting is just starting in Wisconsin, I imagine I’ll see even more in the weeks to come.  See also Nathan A. Persily, The Peculiar Geography of Direct Democracy: why the Initiative, Referendum and Recall Developed in the American West, 2 Mich. L. & Pol’y Rev. 11 (1997).

    The renewed use of the tools of direct democracy in the 1990s portends even more frequent clashes between the ultra-democracy of direct legislation and ultimate anti-democracy of an unelected and, at the federal level, virtually unremovable judiciary...

    ]]>
    4124 2011-07-18 17:54:47 2011-07-18 22:54:47 open open recall-chatter-on-the-rise publish 0 0 post 0 _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url _edit_last topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _topsy_long_url topsy_short_url _wp_old_slug _encloseme 23891 http://westreferenceattorneys.com/2012/08/open-meetings-and-direct-democracy/ 173.201.144.128 2012-08-03 09:43:51 2012-08-03 14:43:51 0 pingback 0 0 23890 http://twitter.com/cal_politics/status/93262042412228608 2011-07-19 10:12:58 2011-07-19 15:12:58 Recall Chatter on the Rise?: In fact, the only similar period in which I could find more articles was 2003-2004,... http://bit.ly/n0gDrO]]> 1 trackback 0 0 23889 http://twitter.com/colleensplace/status/93137100110708737 2011-07-19 01:56:29 2011-07-19 06:56:29 Recall Chatter on the Rise?: I searched Recall and Election in opening paragraphs, with a date range of 7/15/10 ... http://bit.ly/r3jWYL]]> 1 trackback 0 0
    Should the Ninth Circuit be Judged by Reversal Rates? http://westreferenceatt.3fivelab.com/2011/07/should-the-ninth-circuit-be-judged-by-reversal-rates/ Fri, 22 Jul 2011 16:57:01 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4135 SCOTUSblog, compiles and releases Supreme Court statistics. Last month, Mr. Goldstein released the final “Stat Pack” for the Supreme Court’s most recent October 2010 term with these results: The Court reversed or vacated seventy-nine percent of the decisions it reviewed. Circuits with the highest percentage of reversals included the Sixth Circuit (eighty-three percent) and the Fifth Circuit (eighty percent). The Ninth Circuit came in third at seventy-nine percent. There is nothing remarkable about these figures. SCOTUS scorecards demonstrate that over time the Supreme Court will typically reverse or remand seventy to seventy-five percent of the cases it hears. Most (if not nearly all) circuits are reversed at levels well above the fifty-percent mark year after year. What is interesting, though, is the reaction to these numbers – in particular, the media’s condemnation of the Ninth Circuit. Referencing the SCOTUSblog figures, the Los Angeles Times reported this week that “it was another bruising year for the liberal justices of … the 9th Circuit.” The American Bar Association agreed writing, “the Ninth Circuit took another beating from the United States Supreme Court this past term”.  Earlier in the year, media attacks on the Ninth Circuit were equally disapproving with headlines like "SCOTUS smackdown of the Ninth Circuit." The Ninth Circuit has been a media punching bag for many years, but looking at the SCOTUS figures, I wonder how much of the recent criticism is misplaced. In the October 2009 term, the circuit courts were reversed seventy-one percent of the time. That year, while the Supreme Court reversed eighty percent of Ninth Circuit cases, three other circuits plus the grouping of all appeals taken from state courts had higher reversal rates. The year prior, during the 2008 term, the Ninth Circuit was reversed only sixty percent of the time, well under the seventy-six percent reversal rate for all cases. Seven other circuits that year had higher reversal rates than the Ninth Circuit; six of them were reversed at the one-hundred percent level. If it’s the numbers speaking, why isn’t the story about the much higher reversal rates we see out of the Fifth and Sixth Circuits?  Why has no one written about the propensity of the Supreme Court to turn back state Supreme Court decisions which, in this past term, were reversed at a rate of one-hundred percent?  Are we to discount the importance of the five Ninth Circuit opinions upheld by the Supreme Court or disregard the reversals by a narrow 5-4 split?   Commentators who question using reversal rates as a benchmark for court performance point out that the Supreme Court reviews only a very tiny percentage of the total number of circuit court decisions.  Drawing generalization and creating themes from such a small sampling would be an imprecise science at best, misleading at worst. Furthermore, because circuit courts are comprised of judges who occupy every corner of the ideological spectrum, reaching consensus has more to do with the make-up of a particular panel than anything else.    The Times points out that while seventy-nine percent may not be unusual in terms of past records, twelve of the reversals this year were unanimous which, it argues, may indicate that the Ninth Circuit is more “often out of step with even the high court’s liberal justices.”  But implicit in this remark is an assumption that Supreme Court opinions, even if unanimous, are somehow more "correct" – certainly, a debatable conclusion.    In my reading about reversal rates I found two articles of particular interest:  The first, a recent essay by Diarmuid F. O'Scannlain of the Ninth Circuit, widely considered the that court's most conservative jurist, decries Ninth Circuit reversal statistics (the Ninth Circuit's record is "strikingly poor"), but raises some interesting questions about whether nominal percentage differences between circuits should mean anything.  The other article (76 MOLR 315) raised what I thought an interesting approach to judging our judges: instead of using reversal statistics as a measuring stick, why not measure performance according to the mix of positive and negative citations to legal opinions.  For more on this, see Judging the Judges in Research References below. RESEARCH REFERENCES General: Those interested in reading more about Supreme Court reversal rates and the role of judicial statistics, might consider a structured search in WestlawNext along these lines:

    "circuit court" "supreme court" "ninth circuit" /50 (reversal /2 rate) /100 statis!

    Circuits by Supreme Court Term: The Court's term runs from the first Monday in October to the first Monday of October the following year.  The synopsis of the Supreme Court case will reference the origins of the case as well as the Court's holding.   So, to approximate the research discussed in this article, try the following in the SCT database:

    da(aft 09/03/2009 and bef 10/04/2010) and sy(ninth-circuit)

    Judging the Judges: For this analysis we're picking on Alex Kozinski.  To perform an analysis of positive/negative citations recommended by the Missouri law review referenced above, we began with a search in opions by Kozinski from 2010 forward: In CTA9, try ju(kozinski) and da(aft 2009).  Then, we downloaded  just the citations to Word.  We ran this word document through WestCheck for Cases and Negative History only.  Call the Reference Attorneys if you'd like us to walk you through this process.  The sample report is here: Kozinski. (Note: This Word document is about 90 pages long.  The obvious benefit of reversal rates, is that they are a convenient snapshot.) Reversal reports are available for individual judges from Profiler-WLD databases.  Find the table for Appeals of Decisions BY (not TO) Judge. ]]>
    4135 2011-07-22 11:57:01 2011-07-22 16:57:01 open open should-the-ninth-circuit-be-judged-by-reversal-rates publish 0 0 post 0 _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _edit_last _jd_post_meta_fixed _jd_wp_twitter _topsy_long_url _encloseme _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_wp _wp_jd_bitly _wp_jd_yourls _wp_jd_url _wp_jd_target topsy_short_url 23896 brebynelt@gmail.com http://www.oksunglassescheapest.com 112.111.165.120 2013-02-23 16:43:42 2013-02-23 22:43:42 cheap oakley sunglasses my affection for your kindness for men and women who need assistance with that question. Your real commitment to passing the solution throughout has been surprisingly practical and have frequently allowed most people just like me to realize their ambitions. cheap oakley sunglasses , Your amazing warm and friendly report denotes a great deal a person like me and even more to cheap oakley sunglasses for men my cheap oakley sunglasses for men office workers. Many thanks; from each one of us.]]> 0 0 0 23895 http://twitter.com/westrefattorney/status/94450901489684480 2011-07-22 16:57:04 2011-07-22 21:57:04 New post: Should the Ninth Circuit be Judged by Reversal Rates? http://bit.ly/o78ZtO]]> 1 trackback 0 0 23894 http://twitter.com/chrisorourke/status/166980197902581760 2012-02-07 20:22:36 2012-02-08 02:22:36 Actually @berelshain @efink the SC overturns most courts & the 9th isn't the most overturned. http://t.co/8G0SmrMT Media <3's targeting 9th]]> 1 trackback 0 0 23893 bagorama@f-m.fm 208.27.203.128 2011-07-25 16:09:52 2011-07-25 21:09:52 1 0 0 23892 jamespfellers@hotmail.com 208.27.203.131 2011-07-25 12:36:30 2011-07-25 17:36:30 1 0 0
    ADA's 21st Anniversary http://westreferenceatt.3fivelab.com/2011/07/adas-21st-anniversary/ Tue, 26 Jul 2011 17:57:28 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4146 PL 101-336 The ADA has several Titles that provide protection in several different areas that were of particular concern to Congress.

    Title I of the ADA protects individuals with disabilities from discrimination in the employment context.

    Title II of the ADA relates to public services and prohibits public entities that provide public services, from discriminating against disabled individuals on the basis of their disability in the provision of such public services.

    Title III of the ADA prohibits discrimination in access to or use of public accommodations.

    Title IV of the ADA relates to the Telecommunications Relay Services for Hearing-Impaired and Speech-Impaired Individuals

    Title V of the ADA contains certain additional protections.

    For a discussion of the various titles of the ADA, see PLIREF-DISLAW s 1:3 The signing of the ADA was a historic moment in the evolution of America’s disability policy. In enacting the ADA and the subsequent amendments, “Congress recognized that physical and mental disabilities in no way diminish a person's right to fully participate in all aspects of society” and  enacted the ADA Amendments Act (ADAAA) in 2008 to restore the intent and protections of the Americans with Disabilities Act of 1990 which had been judicially narrowed over the years since its enactment in 1990. See PL 110-325 There are several great resources for researching Disability Law on Westlaw: PLIREF-DISLAW: Disability Law Deskbook: The Americans with Disabilities Act in the Workplace ADA-PUBACC : This database contains the text of "Public Accommodations Under The Americans With Disabilities Act" which gives a comprehensive review of ADA standards, litigation issues, and practical applications of the law. ADAWORKPLACE: This database contains the complete text of Workplace Accommodations Under the ADA, and provides insight into the "reasonable accommodation" requirement, explaining when you must provide unpaid leave, keep jobs open or reassign workers as accommodations for those with disabilities. CCGADA : Corporate Counsel's Guide to Americans with Disabilities Act ABA-DISMAN: The ADA and People With Mental Illness: A Resource Manual for Employers ADAGUIDE  This database contains the complete text of the ADA Compliance Guide, as published by the Thompson Publishing Group Inc. The guide explains the meaning of disability, reasonable accommodation, undue hardship, readily achievable barrier removal, program accessibility and the law's many other key terms in plain English. In addition, it highlights steps that should be taken to ensure ongoing compliance. ADA regulations, enforcement guidance and accessibility standards are included, as well as summaries of significant ADA decisions. Trends (2006 - 12011):

    Using the following search, we tracked ADA claims from 2005 forward: nos(445 446) & fld(200x)

    year: number of filings

    2005: 2208

    2006: 2500

    2007: 2489

    2008: 3192

    2009: 3606

    2010: 4520

    ]]>
    4146 2011-07-26 12:57:28 2011-07-26 17:57:28 open open adas-21st-anniversary publish 0 0 post 0 topsy_short_url _topsy_long_url _wp_jd_yourls _wp_jd_url _wp_jd_wp _jd_twitter _wp_jd_clig _wp_jd_bitly _jd_tweet_this _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _encloseme 23898 FlowersEchavarria66@gnumail.com http://sellstructuredsettlementsjfut.info 93.182.131.17 2012-02-12 21:25:07 2012-02-13 03:25:07 0 0 0 23897 2011-07-26 17:57:31 2011-07-26 22:57:31 ]]> 1 trackback 0 0
    Farewell Space Shuttle! http://westreferenceatt.3fivelab.com/2011/07/farewell-space-shuttle/ Fri, 22 Jul 2011 19:29:11 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4170 FR, is a great resource on Westlaw to track the workings of various Federal Agencies including NASA. This database contains documents from the Federal Register. A document is a Rule or Regulation, a Proposed Rule, an Agenda appearing in the Unified Agenda, a Notice, an Executive Order, or a Presidential Proclamation. The Unified Agenda is a compilation of the agendas set by federal agencies that is published in April and October of each year. Each agenda includes regulations being developed for publication in the next year, regulations to be reviewed in the upcoming year, and regulatory activity completed in the past year. To research NASA’s Unified Agendas, for example, try a search such as PR("UNIFIED AGENDA" & N.A.S.A. "NATIONAL AERONAUTICS AND SPACE ADMINISTRATION") in the FR database. To particularly track what information NASA may be publishing regarding the future of space exploration or the space shuttle, create a WestClip in the Alert Center on Westlaw with a search such as PR(N.A.S.A. "NATIONAL AERONAUTICS AND SPACE ADMINISTRATION") & (SPACE /5 EXPLOR!) SHUTTLE in the FR database. Researchers interested in NASA regulations can find them in the Code of Federal Regulations, the CFR. You can try a search such as PR(TITLE /2 14 & CHAPTER /2 V & "NATIONAL AERONAUTICS AND SPACE ADMINISTRATION") On July 21, 2011, NASA Administrator Charles Bolden issued a statement about the final landing, “The future is bright for human spaceflight and for NASA. American ingenuity is alive and well. And it will fire up our economy and help us win the future, but only if we dream big and imagine endless possibilities. That future begins today.” You can view the statement at: 7/21/11 PRWIRE 10:34:00.]]> 4170 2011-07-22 14:29:11 2011-07-22 19:29:11 open open farewell-space-shuttle publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _encloseme 23899 2011-07-22 19:29:14 2011-07-23 00:29:14 ]]> 1 trackback 0 0 Insuring virtual reality http://westreferenceatt.3fivelab.com/2011/08/insuring-virtual-reality/ Wed, 17 Aug 2011 19:55:32 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4112 The market for role playing games has proven to be a profitable one, with users buying the games, paying monthly access fees, and in many cases, using real money to purchase property and items in the virtual realm.  It only stands to reason that the people putting that money out want to know that their interests are protected.  According to China Daily (database identifier CHDY), the company seeks to create the virtual property insurance amid an increasing number of disputes between online game operators and their customers, often related to the loss or theft of players' "virtual property" such as "land" and "currency." A Sunshine Insurance spokesman said the insurance will help to reduce operating risks for online gaming companies, as the companies which purchase the insurance will be covered to compensate customers in the event of lost or stolen property. The spokesman said that the insurance agreement is also a landmark achievement for the insurance industry, as it marks the industry's first foray into the online gaming sector. 7/7/11 WRLDNWSC 07:49:02 So does a gamer have an insurable interest in his pretend property? According to Couch on Insurance, they just might!
    Generally, a person has an insurable interest in a property whenever he or she would profit by or gain some advantage from the property's continued existence or suffer some loss or disadvantage by its destruction.  If the insured would sustain a loss by the destruction of the insured property, it is immaterial whether he or she has any title in, lien upon, or possession of, the property itself.  Any right that may be enforced against the property and that is so connected with it that its injury or destruction will cause loss is an insurable interest.  Thus, any interest in property, legal or equitable, conditional, contingent, or absolute is insurable.  Even a mere right to use property is insurable, and the lack of an obligation to pay rent is inconsequential to the property's insurability.

    3 Couch on Ins. § 41:11

    So if the loss or destruction of your Abandoned Greatsword puts you at a disadvantage against the trolls and goblins, you might be able to collect!  I wonder if this means I can carry full coverage on my Mario Kart? Other References See also this from Robert Paul Norman:
    This article discusses some of the insurance issues arising from e-commerce conducted under traditional insurance products and reviews the new policies being promulgated for cyberspace. Virual Insurance Risks, Brief, FALL 2001, at 14, 15
    ]]>
    4112 2011-08-17 14:55:32 2011-08-17 19:55:32 open open insuring-virtual-reality publish 0 0 post 0 _topsy_long_url topsy_short_url _topsy_cache_timestamp _edit_last _jd_post_meta_fixed _jd_wp_twitter _jd_tweet_this _jd_twitter _wp_jd_wp _wp_jd_clig _wp_jd_bitly _wp_jd_target _wp_jd_url _wp_jd_yourls _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _encloseme 23900 http://www.cureconnections.com/babble/2230-and-in-the-news-today-120.html#post333392 81.169.183.133 2011-08-30 06:49:08 2011-08-30 11:49:08 0 pingback 0 0
    The Demise of the Service Iguana http://westreferenceatt.3fivelab.com/2011/08/the-demise-of-the-service-iguana/ Thu, 18 Aug 2011 15:19:12 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4150 28 CFR 36.104.  Prior to the revision, “service animal” was left open to interpretation:
     Service animal means any guide dog, signal dog, or other animal [emphasis added] individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
    This legal ambiguity fostered an environment in which monkeys, snakes, lizards and other unlikely creatures were openly carried in public, many performing no apparent task.   Such “comfort” animals are specifically excluded from the definition of service animal in the new regulation.
     Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability…The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition...
    For news sources addressing the new Service Animals regulation, as well as pre-amendment coverage of “service” and “comfort” animals, try the following News search on WestlawNext, which includes “Service with a Snarl: In San Francisco, lizards, rodents, and vicious Chihuahuas have all been declared service animals”, 2009 WLNR 11760274.            advanced:ti(service comfort /3 animal) & a.d.a. "americans with disabilities act"  For cases, secondary sources, trial documents and other materials on WestlawNext, choose “All State and Federal” for your jurisdiction, then run the following plain language query:            ada service animal  To view the new regulation from proposed to final rule, try the following alternative queries in the Federal Register on WestlawNext:           advanced:"service animal" & 1190-aa44 1190-aa46  [for cautionary details on Regulation Identifier Numbers      (RIN) searching, see Mike C.’s posts “Anatomy of a RIN” and “More on RINs”]          advanced:"service animal" & PR("department of justice") & da(aft 2007)]]>
    4150 2011-08-18 10:19:12 2011-08-18 15:19:12 open open the-demise-of-the-service-iguana publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme 23901 Loepp@hotmail.com http://It'sa 110.44.31.216 2011-11-21 21:13:12 2011-11-22 03:13:12 0 0 0 23902 qdsiqp@gmail.com http://bbs.bjxmjy.net/ 114.98.13.179 2013-03-15 22:53:40 2013-03-16 03:53:40 0 0 0
    Judicial Notice in the Key Number System http://westreferenceatt.3fivelab.com/2011/07/judicial-notice-in-the-key-number-system/ Tue, 26 Jul 2011 19:09:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4153 Westlaw Headnote of the Day subscriber for years.  A recent Headnote of the Day featured the following headnote (click here to see the accompanying cartoon), which got me thinking about judicial notice:
    157 Evidence > 157I Judicial Notice > 157k14 k. Facts Relating to Human Life, Health, Habits, and Acts. District Court of Appeal may take judicial notice that even a normal person on seeing a disgusting looking object in bottle from which he has drunk may and often will suffer intense nausea which may produce more serious results.  Paul v. Rodgers Bottling Co., 6 Cal. Rptr. 867 (Cal. Ct. App. 1960).
    Judicial notice can be a fascinating subject.  Some items, of course, are more obviously going to be judicially noticeable, such as the existence of a suit filed in another court, or the day of the week, or the identity of the President of the United States.  But some areas are less clear.  For example, I have gotten a number of research questions regarding whether the contents of a website is a proper subject of judicial notice.  A quick search of the Key Number Digest turns up 70 headnotes under Judicial Notice that contain the word "website," across state and federal materials.  So we see language like the following:
    157 Evidence > 157I Judicial Notice > 157k1 Nature and Scope in General. Court may take judicial notice of website's contents, assuming its authenticity has not been challenged and it is capable of accurate and ready determination.  Francarl Realty Corp. v. Town of E. Hampton, 628 F. Supp. 2d 329 (E.D.N.Y. 2009).
    But parties should also be wary of relying on websites:
    157 Evidence > 157I Judicial Notice > 157k27 Laws of the State > 157k29 Public statutes The Court of Appeal would not take judicial notice of the Legislature's internet site showing laws currently in effect, including a statute that plaintiff alleged was in effect, in determining that the statute had been repealed; the website was not brought to the attention of the trial court, the website was not the official, printed Government Code, and the website made no promises regarding its accuracy. Zumbrun Law Firm v. California Legislature, 82 Cal. Rptr. 3d 525 (Cal. Ct. App. 2008).
    On Westlaw.com, users can reach the Key Number system from the link of the top of any page.  For WestlawNext subscribers, the Key Number System page is linked from the Tools tab on the WestlawNext home screen.  Both offer options for browsing Key Numbers in a table-of-contents format, or searching by jurisdiction.  Here are two other matters I found by browsing 157 Evidence > 157I Judicial Notice > 157k7, Qualities and Properties of Matter:
    It is a matter of common knowledge that motorcycles, if operated loudly, can be objects of great annoyance. Berlinger v. Suburban Apartment Mgmt. Co., 7 Ohio App. 3d 122, 454 N.E.2d 1367 (Ohio Ct. App. 1982). That small amount of water in bathtub creates slippery condition is matter of common knowledge. Cooper Hotel Services, Inc. v. MacFarland, 662 So. 2d 710 (Fla. Dist. Ct. App. 1995).
    ]]>
    4153 2011-07-26 14:09:06 2011-07-26 19:09:06 open open judicial-notice-in-the-key-number-system publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 23903 2011-07-26 19:09:09 2011-07-27 00:09:09 ]]> 1 trackback 0 0
    Simon Says: Pay Up Fox! http://westreferenceatt.3fivelab.com/2011/08/simon-says-pay-up-fox/ Tue, 02 Aug 2011 22:00:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4186 Simon Fuller, creator of American Idol, has filed suit against Fox Broadcasting Company and FremantleMedia North America (including other Doe defendants). In the complaint (2011 WL 2870835), filed July 20, 2011 in California state court, Fuller alleges that Simon Cowell created X Factor, “a singing competition television program which was strikingly similar to Idol. In October 2004, X Factor premiered on British television, which constituted an infringement of Fuller's intellectual property rights in the Idol franchise.” Fuller and his production companies then filed suit against Cowell and his production company. According to Fuller’s complaint, Fox “feared that the dispute between Fuller and Cowell would hurt both shows and would undermine the large profits Fox would realize from American Idol. Accordingly, in order to protect its investment in both American Idol and X Factor, Fox encouraged Fuller and Cowell to a settle their disputes amicably.”

    Fuller further alleges that Fox, in order to induce a settlement between Fuller and Cowell (and their respective companies) “promised, among other things, to give Fuller an executive producer credit on the X Factor show and to pay Fuller an executive producer fee ‘commensurate with his duties and stature in the entertainment industry.’” Fuller and Cowell did indeed settle their lawsuit. Fuller alleges that he settled his suit in reliance on the promises made by Fox and Fremantle. According to the complaint, in the settlement the parties agreed that Cowell would remain a judge on American Idol for at least five more seasons and X Factor would not air in the United States until 2011. Fuller is now suing for breach of contract, breach of implied covenant of good faith and fair dealing, promissory estoppel and declaratory relief.

    If you are the kind of person who prefers browsing to searching and  you like to regularly keep up on the most recent case opinions for your jurisdiction WestlawNext makes this very easy to do. Say you want to see the most recent cases from the California Supreme Court. From the home page in WestlawNext, click on the State Materials tab, choose your state (in this case California) then choose your court (in this case the California Supreme Court). Once you click on the link it brings you to a page where it is already listing the 10 most recent decisions from that court, without having to run a search at all. This also works really well for News on WestlawNext. For instance, if you are a New York practitioner you might find New York News & Insight Summaries really helpful. You can run a search this, like anything else on WestlawNext, or you can simply access the page and see the 10 most recent documents. From the home page under All Content click on News and to the right under Tools & Resources you will see a link to New York News & Insight Summaries. If you are still in the mood to browse and not search, but you want to see more than the 10 most recent, this is your solution. To the right of the Search button click on the “advanced” link. The only thing you need to do is click the Date drop-down menu under “Document Fields” and choose the selection that works best for you. Then you can be even lazier still, you do not need dashes or slashes or names of months. You can choose All Dates After for instance and then just type in 6 1 2011 and click OK and WestlawNext puts this in the right format for you. That is all you need, click Advanced Search and you will have your list. Keep in mind WestlawNext defaults by sorting by relevance. If you want to see these results in order, at the top of your result list in the middle click the drop down next to “Sort by:” and choose date.]]>
    4186 2011-08-02 17:00:08 2011-08-02 22:00:08 open open simon-says-pay-up-fox publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 23904 2011-08-02 22:00:14 2011-08-03 03:00:14 ]]> 1 trackback 0 0
    California's "Amazon Tax" a Danger to Affiliate Marketing Programs http://westreferenceatt.3fivelab.com/2011/07/californias-amazon-tax-a-danger-to-affiliate-marketing-programs/ Wed, 27 Jul 2011 20:32:02 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4191 ...It’s common knowledge that California is hurting for money.  Why should internet-based merchants be exempt from the grasping, revenue-seeking hands of government?  ....It’s perhaps not that simple.  First, it’s not clear that these taxes are particularly good at raising revenue.... California recently followed in the footsteps of several other states (New York, Illinois, Rhode Island and North Carolina*) by passing a law requiring large out-of-state online retailers who receive referral sales from in-state residents to collect sales tax on sales to California residents.  Here’s the basic scenario:

    Let’s say that we have an online marketing company residing outside of California, which we’ll call “Ama-zing” (clever, right?), and this fellow we’ll call “Joe,” who operates a retailing website in California.  Through his website, Joe markets books that Ama-zing sells through its website.  When a customer on Joe’s website clicks on a link on Joe’s website for a book listed on Ama-zing’s site, Joe’s website links the customer to Ama-zing’s website with a particular URL that tells Ama-zing’s website that the customer was “sent over” from Joe’s website.  If the customer ends up buying that particular book Joe gets a percentage, perhaps fifteen percent, while if the customer buys a different book Joe gets a smaller cut of those profits.  This is called pay-per-action (PPA) advertising, because, in contrast to “banner” ads (where the originating website receives commission for each user who clicks through the banner), Joe only gets paid by Ama-zing if the customer ultimately buys something

    Ordinarily, a nonresident company cannot be compelled to collect sales and use tax in a particular state unless it has a physical presence, i.e., a bricks-and-mortar location, in the state.  Quill Corp. v. North Dakota, 504 U.S. 298 (1992).  Quill is generally interpreted as applying to e-commerce vendors, although courts have not foreclosed the question of whether out-of-state internet vendors are distinguishable from the mail order vendors in Quill.  You can find a good article on state taxes on e-commerce on Westlaw at  ECOMM WGL ¶ 14.03. California’s law attempts to push the limits imposed in Quill by defining “retailer engaged in business in this state” to include “any retailer entering into an agreement or agreements under which a person or persons in this state, for a commission or other consideration, directly or indirectly refer potential purchasers of tangible personal property to the retailer, whether by an Internet-based link or an Internet Web site, or otherwise.”  (The law is limited in scope to retailers who receive more than $10,000 from in-state affiliates and have more than $500,000 in yearly sales to in-state residents.) So far, so good, right?  It’s common knowledge that California is hurting for money.  Why should internet-based merchants be exempt from the grasping, revenue-seeking hands of government?  It’s perhaps not that simple.  First, it’s not clear that these taxes are particularly good at raising revenue.  Rhode Island’s General Treasurer, Frank T. Caprio, says the tax on affiliates has “hurt Rhode Island businesses and stifled their growth, as they’ve been shut out of some of the world’s largest marketplaces” and called for repeal of the Rhode Island statute.  And multimillionaire publisher Steve Forbes has sharply criticized the tax, calling California a “pickpocket state,” and arguing that damage to the state’s economy from the tax will far outweigh any revenue gains.  Further, raising revenue may only be part of the story.  Amazon complains that the impetus behind these taxes is driven by big-box retailers who are based outside the state but have a physical presence and are therefore already collecting sales tax.  It's likely other states will follow suit, especially if California's tax stands up to challenge in the courts. And other large internet retailers like Overstock.com and Drugstore.com are potentially affected by these laws as well. I'd be surprised if this issue went away anytime soon. The California law is too recent to have made its way into caselaw, but a similar New York statute withstood constitutional challenge fairly recently.  In 2010, a New York appeals court upheld the lower court’s ruling that a New York statutory provision similar to the recent California law did not on its face violate the Commerce Clause, but directed the lower court to reinstate for further discovery on whether the statute is unconstitutional as applied.  Amazon.com, LLC v. New York State Dept. of Taxation and Finance, 81 A.D.3d 183, 913 N.Y.S.2d 129 (1st Dep’t 2010).  I found that case by running this query in NY-CS:

    internet e-commerce web website web-page /p physical-presence affiliat! refer referr! /p (engaged /5 business) physical-presence (sales collect! /7 tax!) (11 docs)                                                   

     

    *If you’d like to see more on this issue, you might start with equivalent statutes in New York, NY TAX § 1101(b)(8); North Carolina, NC Gen Stat § 105-164.8(b)(3); and Rhode Island (RI Gen Laws § 44-18-15(a)(2).)]]>
    4191 2011-07-27 15:32:02 2011-07-27 20:32:02 open open californias-amazon-tax-a-danger-to-affiliate-marketing-programs publish 0 0 post 0 _wp_jd_wp _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly topsy_short_url _wp_old_slug _encloseme _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls 23932 Kendall_Golz@hotmail.com 128.204.197.83 2011-12-12 05:09:53 2011-12-12 11:09:53 0 0 0 23933 Rice@gmail.com http://. 216.164.122.171 2012-01-12 11:43:18 2012-01-12 17:43:18 0 0 0 23934 Miserendino@gmail.com http://. 212.156.147.146 2012-01-12 11:43:35 2012-01-12 17:43:35 0 0 0 23935 RRRRaaw14@salalah.cc http://affiliatescentury.com 1.227.196.123 2012-01-18 01:48:10 2012-01-18 07:48:10 affiliate marketing]]> 0 0 0 23936 StonekingPunja9602@yahoomail.com http://www.sbwire.com/press-releases/real-quick-commissions-review-does-the-program-work-224784.htm 184.22.221.181 2013-03-20 10:58:48 2013-03-20 15:58:48 0 0 0 23931 get5retire@gmail.com http://www.thefinailmatrixs.com 69.171.161.123 2011-09-11 00:37:32 2011-09-11 05:37:32 0 0 0 23930 smnbsaa@gmail.com http://www.agtaffiliatemarketing.com 66.90.196.163 2011-09-08 20:04:41 2011-09-09 01:04:41 0 0 0 23929 webmasterme@gmail.com http://chrisfrevillesstealthprofitmachines.com/ 193.151.122.254 2011-09-08 05:48:55 2011-09-08 10:48:55 0 0 0 23914 http://twitter.com/dimmyflos/status/96440124195340288 2011-07-28 04:41:32 2011-07-28 09:41:32 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marke... http://tinyurl.com/3hdblpb]]> 1 trackback 0 0 23915 http://twitter.com/4freetraffic/status/96440110849081344 2011-07-28 04:41:28 2011-07-28 09:41:28 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/oSGr79]]> 1 trackback 0 0 23916 http://twitter.com/danap79/status/96442398254694400 2011-07-28 04:50:34 2011-07-28 09:50:34 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/pjhpj7]]> 1 trackback 0 0 23917 http://twitter.com/buystuff99cms/status/96442888602386433 2011-07-28 04:52:31 2011-07-28 09:52:31 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Rhode Island's General Treasurer, Frank T. C... http://bit.ly/q4NBcq]]> 1 trackback 0 0 23918 http://twitter.com/affiliatebux247/status/96444268750716928 2011-07-28 04:58:00 2011-07-28 09:58:00 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/qFlLAm]]> 1 trackback 0 0 23919 http://twitter.com/ilenebennis/status/96450516929880064 2011-07-28 05:22:49 2011-07-28 10:22:49 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/orNEd1]]> 1 trackback 0 0 23920 http://twitter.com/petegdrake/status/96450195075776512 2011-07-28 05:21:33 2011-07-28 10:21:33 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/qhHYn2]]> 1 trackback 0 0 23921 http://twitter.com/slimsocial/status/96450189249875968 2011-07-28 05:21:31 2011-07-28 10:21:31 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/r9wwFB]]> 1 trackback 0 0 23922 http://twitter.com/valukind/status/96453891574611968 2011-07-28 05:36:14 2011-07-28 10:36:14 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/ocumlb]]> 1 trackback 0 0 23923 http://twitter.com/expressions0304/status/96467414501425152 2011-07-28 06:29:58 2011-07-28 11:29:58 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/qWtmr2]]> 1 trackback 0 0 23924 http://twitter.com/manasi98/status/96467413096333312 2011-07-28 06:29:58 2011-07-28 11:29:58 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/nA9wbc]]> 1 trackback 0 0 23925 http://twitter.com/dequil/status/96467410940465153 2011-07-28 06:29:57 2011-07-28 11:29:57 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/o2xnKu]]> 1 trackback 0 0 23926 http://twitter.com/dequil/status/96467412110688256 2011-07-28 06:29:57 2011-07-28 11:29:57 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/qFyQ3y]]> 1 trackback 0 0 23927 Duellman@hotmail.com http://plused.blogspot.com 118.97.208.194 2011-07-28 15:44:29 2011-07-28 20:44:29 0 0 0 23928 2011-07-28 04:52:31 2011-07-28 09:52:31 ]]> 1 trackback 0 0 23913 http://twitter.com/belraven/status/96440125025812481 2011-07-28 04:41:32 2011-07-28 09:41:32 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/n7LqfV]]> 1 trackback 0 0 23912 http://twitter.com/christopher_nl/status/96440126342832128 2011-07-28 04:41:32 2011-07-28 09:41:32 California's “Amazon Tax” a Danger to Affiliate Marketing Programs http://bit.ly/r7rPUH]]> 1 trackback 0 0 23911 http://twitter.com/joeherren/status/96440133271814145 2011-07-28 04:41:34 2011-07-28 09:41:34 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: Let's say that we have an online marketing c... http://bit.ly/mODC2m]]> 1 trackback 0 0 23910 http://twitter.com/larryferriola/status/96385791772733440 2011-07-28 01:05:38 2011-07-28 06:05:38 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: California's “Amazon Tax” a Danger to Affili... http://bit.ly/pC2ij8]]> 1 trackback 0 0 23908 http://twitter.com/arethusa_biz/status/96385793379147776 2011-07-28 01:05:38 2011-07-28 06:05:38 California's “Amazon Tax” a Danger to Affiliate Marketing Programs http://bit.ly/nlzSm0]]> 1 trackback 0 0 23909 http://twitter.com/kimberlymyles/status/96385791776923648 2011-07-28 01:05:38 2011-07-28 06:05:38 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: California's “Amazon Tax” a Danger to Affili... http://bit.ly/pC2ij8]]> 1 trackback 0 0 23907 http://twitter.com/video_squeeze/status/96383920425283584 2011-07-28 00:58:12 2011-07-28 05:58:12 California's “Amazon Tax” a Danger to Affiliate Marketing Programs http://bit.ly/qb4kO8]]> 1 trackback 0 0 23906 http://twitter.com/dbicknell/status/96353359883276288 2011-07-27 22:56:45 2011-07-28 03:56:45 California's “Amazon Tax” a Danger to Affiliate Marketing Programs: California's “Amazon Tax” a Danger to Affili... http://bit.ly/qQhgpg]]> 1 trackback 0 0 23905 http://twitter.com/siselhealth/status/96350790104518656 2011-07-27 22:46:33 2011-07-28 03:46:33 California's “Amazon Tax” a Danger to Affiliate Marketing Programs http://bit.ly/mYPZdr]]> 1 trackback 0 0
    Storage Unit Auctions Make for Entertaining Television, But What’s The Law Behind The Lien? http://westreferenceatt.3fivelab.com/2011/08/storage-unit-auctions-make-for-entertaining-television-but-whats-the-law-behind-the-lien/ Thu, 11 Aug 2011 22:53:21 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4207 Storage Wars” is a popular television show on the A & E cable network. The show follows a regular group of bidders who purchase storage units in an auction format in hopes of finding valuable items they can turn into a profit.  These units come up for sale based on the owner of the units goods failing to pay their bill or abandoning their property. Due to the buzz generated by the show, and other shows like it, this exciting form of “gambling” is growing in popularity. After watching a few episodes, I couldn’t help but feel a little bad for the original owner of these storage unit items. It's often evident that these items have sentimental value or are possibly family heirlooms. Check out this article from the Great Falls Tribune that tells the story of these auctions and the reality of how profitable they can be. The brother of a friend of mine recently got into this game. As it turns out,  the original owner of the goods in the storage unit he purchased found out his name and where he lived. The owner was angry that he would not return her items and began to lurk around their neighborhood and elsewhere. She threatened to sue him on multiple occasions. This got me thinking about the legal aspects of this interesting way to earn an income. The first search I ran was simple plain language search in WestlawNext to peruse the secondary sources that came up.

    Plain Language Search: storage unit lien

    The first secondary source that comes up is 93 C.J.S. Warehousemen and Safe Depositories § 107. This provides a good overview of a Warehousemen lien.  It's a great starting off point. After doing some research, it seems that most, if not every state,  has a statute pertaining to this type of lien. Try this general search in your state to see what kind of cases, statutes or secondary sources might assist should a client walk through your door with this type of quandary.

    self-storage mini-storage warehous! /10 lien

    When I ran this in WestlawNext with Texas as my jurisdiction,  I immediately found 2 cases that were on point as well as a statute section on “Conduct of Sale” in the Chapter for Self-Service Storage Facility Liens. After clicking into that statute, you can click on the “Table of Contents” link to see the other statutes around this one. This method should work for you in any jurisdiction to get a good footing on this topic.]]>
    4207 2011-08-11 17:53:21 2011-08-11 22:53:21 open open storage-unit-auctions-make-for-entertaining-television-but-whats-the-law-behind-the-lien publish 0 0 post 0 topsy_short_url _wp_jd_wp _jd_tweet_this _jd_twitter _wp_jd_clig topsy_short_url _topsy_long_url _slidedeck_slide_title _topsy_long_url _encloseme _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_bitly _wp_jd_yourls _wp_old_slug _topsy_cache_timestamp 23937 http://twitter.com/andrewshulman/status/101807023028580353 2011-08-12 00:07:40 2011-08-12 05:07:40 Yuuuuup! Westlaw Reference Blog gets into the laws regarding storage auctions http://j.mp/n2Q0Et Still no word on pervy Barry related laws.]]> 1 trackback 0 0 23938 2011-08-11 22:53:24 2011-08-12 03:53:24 ]]> 1 trackback 0 0 23939 http://twitter.com/storagejackpot/status/102011977748062208 2011-08-12 13:42:05 2011-08-12 18:42:05 Storage Unit Auctions Make for Entertaining Television, But What's ...: “Storage Wars” is a popular television s... http://bit.ly/pvb5Px]]> 1 trackback 0 0 23940 thiararose@gmail.com http://www.rockfordstorage.net/ 112.204.130.123 2012-02-24 06:28:01 2012-02-24 12:28:01 1 0 0
    Pies and Torts http://westreferenceatt.3fivelab.com/2011/08/pies-and-torts/ Tue, 09 Aug 2011 15:59:31 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4221 threw a shaving-cream pie at Rupert Murdoch was sentenced to six weeks in jail.  Jonnie Marbles isn't the first pie-thrower to face consequences in court. On Westlaw.com, I ran the following search across state and federal cases to pick up other pie-throwing cases: thr*w! hit! strik! struck /s pie /100 assault battery tort disorderly abet! conspir!  The earliest pie-throwing case shows up in 1977, and is notable for the fact that it's not the hurling of the pie which is at issue.  In Goldfarb v. Baker, 547 S.W.2d 567, after a pie was thrown at a professor, the professor threw the student who he believed responsible out of the classroom, and the student brought a claim against the professor for "outrageous conduct."  The student's case was dismissed. In Geraci v. St. Xavier High School, 1978 WL 216591, the court found in favor of a private school after a student was expelled for his role in a pie-throwing conspiracy.  In that case, the student induced a friend to throw the pie, although he later said that he didn't think the friend would go through with it.  The student's conspiring role was enough, however, to find that he had violated the school's code of conduct and thereby breached the contract with the school. In another twist on the pie-throwing conspiracy, in State of Connecticut v. Diorio, 529 A.2d 1320, the court upheld a parent's conviction for breach of the peace, for hiring a clown for her daughter's junior-high graduation to throw a pie in the face of the dean of students.  The clown later testified against the parent at trial. And then there's the political pie-throwing:  State of Ohio v. Conliff, 401 N.E.2d 469, concerns a fellow who was acquitted by a jury of assault after throwing a pie at the governor of Ohio.  (Interestingly, that's another case where the throwing of the pie was ancillary to the case; the issue on appeal was whether the pie-thrower was subject to criminal contempt for saying to the judge, off the record but in the course of the proceedings, "Are you ready for your ounce of flesh now, your Honor?") Another pie-thrower did not get off so lightly in State of Minnesota v. Greenberg, 2000 WL 781092.  The court found sufficient evidence for convictions for intimidating a legislator and disorderly conduct, and that pushing a pie into someone's face is not a form of constitutionally-protected speech.]]> 4221 2011-08-09 10:59:31 2011-08-09 15:59:31 open open pies-and-torts publish 0 0 post 0 topsy_short_url _wp_old_slug _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _encloseme The Budget Control Act of 2011 http://westreferenceatt.3fivelab.com/2011/08/the-budget-control-act-of-2011/ Thu, 04 Aug 2011 01:19:41 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4225 8/3/11 BOSTONG 1 (2011 WLNR 15298319). The law impacts all Americans and has a wide global impact. We are receiving requests for the text.  A slip copy is available on Westlaw or WestlawNext in the United States Public Laws database US-PLFind - PL 112-25 News: For news articles related to the passage of the Budget Control Act of 2011, try a search in the ALLNEWSPLUS database such as DA(8/2011) & PR,CA,TI((DEBT /3 CEILING CRISIS) BUDGET-CONTROL-ACT) & (PRESIDENT /5 SIGNS SIGNED) (CONGRESS! SENATE HOUSE /7 PASS ENACT!) Bill Text: For recent legislative documents related to this law try a search in CONG-BILLTXT. This database has Congressional Bills has the text of all available congressional bills and resolutions introduced into the current session of Congress. In CONG-BILLTXT, try a search such as: DA(2011) & (DEBT /4 CEILING CRISIS) (BUDGET /2 CONTROL /2 ACT)]]> 4225 2011-08-03 20:19:41 2011-08-04 01:19:41 open open the-budget-control-act-of-2011 publish 0 0 post 0 _wp_jd_url _wp_jd_target _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url _encloseme topsy_short_url _topsy_long_url _wp_old_slug _slidedeck_slide_title _topsy_cache_timestamp _edit_last _jd_wp_twitter _jd_post_meta_fixed Hot Case: Myriad Genetics http://westreferenceatt.3fivelab.com/2011/08/hot-case-myriad-genetics/ Thu, 04 Aug 2011 17:11:41 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4233 2011 WL 3211513.
    In sum, although the parties and the government appear to agree that isolated DNAs are compositions of matter, they disagree on whether and to what degree such molecules fall within the exception for products of nature. As set forth below, we conclude that the challenged claims to isolated DNAs, whether limited to cDNAs or not, are directed to patent-eligible subject matter under § 101.
    The Ass'n For Molecular Pathology v. U.S. Patent & Trademark Office, 2010-1406, 2011 WL 3211513 (Fed. Cir. July 29, 2011)
    The case has been a hot topic within this department.  But, for the uninitiated, several great overviews can be found at Dennis Crouch , Patent Barristas, and IPKat.  174 filings related to the case are available.  From the document, find the filings tab (WestlawNext) or the Pleadings, Motions, and Memorandum link (Westlaw.com).
    ]]>
    4233 2011-08-04 12:11:41 2011-08-04 17:11:41 open open hot-case-myriad-genetics publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 23942 GoosbyRaterman6965@yahoomail.com http://natur-potenzmittel-rezeptfrei.com/community/qa-macht-es-sinn-die-jugend-durch-prudigkeit-und-zensierungen-von-der-sexualitat-fernzuhalten.html 200.108.229.223 2013-07-03 07:04:50 2013-07-03 12:04:50 0 0 0 23941 Farell@yahoo.com http://www.swtorcredits1000k.com 23.19.118.43 2012-02-09 01:19:07 2012-02-09 07:19:07 cheapest swtor credits]]> 0 0 0
    Hot Case: 11th Circuit on Health Care http://westreferenceatt.3fivelab.com/2011/08/hot-case-11th-circuit-on-health-care/ Fri, 12 Aug 2011 19:37:17 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4263 th Circuit Court of Appeals issued an opinion on the constitutionality of the health care law. It should be available on Westlaw later today at 2011 WL 3519178. In the meantime, here is the pdf: Healthcare decision (3:10-cv-00091).]]> 4263 2011-08-12 14:37:17 2011-08-12 19:37:17 open open hot-case-11th-circuit-on-health-care publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme Significant enhancements to the West Key Number System http://westreferenceatt.3fivelab.com/2011/08/significant-enhancements-to-the-west-key-number-system/ Wed, 17 Aug 2011 19:03:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4271 TO(FORMERLY +5 110K1) Thanks to my colleague Susan R. for providing this information.]]> 4271 2011-08-17 14:03:13 2011-08-17 19:03:13 open open significant-enhancements-to-the-west-key-number-system publish 0 0 post 0 _slidedeck_slide_title _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp topsy_short_url _topsy_long_url topsy_short_url _wp_old_slug _topsy_long_url _encloseme Fifth Amendment in the Digital Age http://westreferenceatt.3fivelab.com/2011/08/fifth-amendment-in-the-digital-age-3/ Thu, 18 Aug 2011 15:06:22 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4274 USA v. Whatcott is an ongoing federal case regarding mortgage fraud that poses an interesting question regarding the scope of the Fifth Amendment in the digital age.  In Whatcott, the prosecutors wanted defendant Ramona Fricosu to decrypt her laptop to make the contents of the laptop available to the government. Defendant claims that this would violate her Fifth Amendment rights against self-incrimination. EFF filed an amicus trial brief “to help the Court apply the Fifth Amendment privilege against self-incrimination in a manner that ensures the constitutional rights of those who use this technological measure [encryption] to protect their privacy and security.”  See entry 172 at 1:10CR00509. EFF stated that their interest in this case, “is the sound and principled application of the Fifth Amendment to encryption passwords and encrypted information stored on computers.” “EFF submits in this brief that “Fricosu will be made a witness against herself if she is forced to supply information that will give prosecutors access to files they speculate will be helpful to their case but cannot identify with any specificity.”  On Page 9 the EFF argues, “The Act of Entering a Password or Otherwise Decrypting Data on a Computer is a Compelled Testimonial Act Protected By The Fifth Amendment.” EFF further argues that “forcing an individual to supply a password necessary to decrypt data is more like revealing the combination to a wall safe than to surrender a key.” The Government replied that, “[t]he privilege against self-incrimination must be interpreted narrowly and is not a mechanism to protect abstract privacy.” See, docket entry 177. In an order dated July 26, 2011, the Court stated that, “Unless the government establishes by at least a preponderance of the evidence that the laptop that is the subject of the application belonged to defendant, requiring her to provide the password thereto would force her to admit ownership of the laptop, in ostensible violation of the Fifth Amendment.” See docket entry 182. The court scheduled a hearing in this matter for October 19, 2011. To track this docket to follow up on all the developments in this case, Find the docket by going into the Dockets for the District Court of Colorado database (DOCK-CO-DCT on Westlaw) and run the docket number 1:10CR00509 or simply click on this link:  DN(1:10CR00509). For WestlawNext, click here. Once you have accessed the docket for this case, you can click on “Track this Docket” (Westlaw) or "Track" (WestlawNext) to keep abreast of the developments in this case: [caption id="attachment_4282" align="alignnone" width="335" caption="Click to Enlarge"][/caption] Other Research References For general state of the law on this subject, try these traditional boolean searches: CASES: In ALLCASES, try 

    (FIFTH VTH /2 AMEND!) SELF-INCRIMINAT! /P PASSWORD (DIGITAL! ELECTRONIC! /5 KEY ACCESS!) ENCRYPT! DECRYPT! USER-NAME

    SECONDARY SOURCES: In TP-ALL, try

     (FIFTH VTH /2 AMEND!) SELF-INCRIMINAT! /25 PASSWORD (DIGITAL! ELECTRONIC! /5 KEY ACCESS!) ENCRYPT! DECRYPT! USER-NAME

    TRIAL FILINGS: In FILING-ALL, try

     (FIFTH VTH /2 AMEND!) SELF-INCRIMINAT! /25 PASSWORD (DIGITAL! ELECTRONIC! /5 KEY ACCESS!) ENCRYPT! DECRYPT! USER-NAME

    and 

     BRIEF-ALL: (FIFTH VTH /2 AMEND!) SELF-INCRIMINAT! /25 PASSWORD (DIGITAL! ELECTRONIC! /5 KEY ACCESS!) ENCRYPT! DECRYPT! USER-NAME

    NEWS: In ALLNEWSPLUS, try

     (FIFTH VTH /2 AMEND!) SELF-INCRIMINAT! /25 PASSWORD (DIGITAL! ELECTRONIC! /5 KEY ACCESS!) ENCRYPT! DECRYPT! USER-NAME

    ]]>
    4274 2011-08-18 10:06:22 2011-08-18 15:06:22 open open fifth-amendment-in-the-digital-age-3 publish 0 0 post 0 _wp_old_slug topsy_short_url _topsy_long_url _topsy_cache_timestamp _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_bitly _wp_jd_wp _wp_jd_clig _slidedeck_slide_title _jd_tweet_this _jd_twitter topsy_short_url _topsy_long_url _encloseme 23943 http://twitter.com/studentappeal/status/105431978156883968 2011-08-22 00:11:57 2011-08-22 05:11:57 Is being forced to disclose the password on your laptop a violation of your fifth amendment rights?... http://t.co/q4Orath]]> 1 trackback 0 0
    Cloud Computing Implications http://westreferenceatt.3fivelab.com/2011/08/cloud-computing-implications/ Wed, 31 Aug 2011 22:12:05 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4302 I.B.M. v. Visentin, 2011 WL 672025 There are ethical considerations in placing client information on servers owned by third parties. A service agreement that doesn’t insure confidentially could expose an attorney to accusations of breaches of professional responsibility, or conceivably arguments that work-product or attorney client privileges have been waived. Despite the risks, there are significant advantages to storing information in the cloud. The IT department of the service provider will likely have greater resources to bring to bear in fighting viruses, network breakdowns, and hacking attempts than an average firm has at their disposal. Reductions in staff, equipment, and operating costs make cloud computing an attractive option for firms of all sizes in tight economic times. Guidance on these issues can be found in the following TP-ALL search: network computer internet website online /s cloud /s ethic! confidential! /s attorney lawyer law-firm. This search yields 24 documents, including discussions of how to set-up secure cloud computing and how state bar associations view questions about a lawyer’s responsibilities toward their clients.]]> 4302 2011-08-31 17:12:05 2011-08-31 22:12:05 open open cloud-computing-implications publish 0 0 post 0 _topsy_cache_timestamp topsy_short_url _topsy_long_url _topsy_long_url _wp_old_slug _jd_post_meta_fixed _edit_last _jd_wp_twitter _wp_jd_url _wp_jd_target _wp_jd_yourls _wp_jd_bitly _wp_jd_wp _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _slidedeck_slide_title _encloseme The War on Photography http://westreferenceatt.3fivelab.com/2011/08/the-war-on-photography/ Fri, 26 Aug 2011 02:33:35 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4304 2011 WLNR 16217042,  and Fraction Magazine article describe the aggressive police and private security actions against photographers shooting architectural and other common subjects, often from public streets.  Many similar instances of overly zealous law enforcement actions and policies against both professional and amateur photographers have been widely reported online, often named the “war on photography.” Protecting crime scenes, preventing traffic congestion in the interest of public safety, and prohibitions against recording images of military installations and nuclear facilities have long been accepted limitations, but police appear to be increasingly detaining photographers capturing innocuous images of public buildings and transportation infrastructure, confiscating cameras and deleting memory cards with vague but unfounded invocations of  “the 9/11 law” or “preventing terrorism.”  These incidents raise interesting constitutional and tort law issues for photographers.  How have they been treated in litigation and scholarly works?  Try the following search in Secondary Sources on WestlawNext (TP-ALL on Westlaw):  TI(constitution! "first amendment" police! "law enforcement" assault batter! conversion & photographer)  In Pleadings, Motions and Memoranda on WestlawNext (FILING-ALL on Westlaw), try the following:  photograph! /s police! "law enforcement" security /s detain! detention (reasonab! /3 suspicio!) terry trespass! "public safety" security /p constitution! "first amendment" "fourth amendment" assault! batter! conversion & news! journalis! artistic! esthetic! aesthetic! As an alternative, try the following plain language query in cases, filings and secondary sources on WestlawNext: police "law enforcement"  photographer "first amendment" constitution]]> 4304 2011-08-25 21:33:35 2011-08-26 02:33:35 open open the-war-on-photography publish 0 0 post 0 _topsy_cache_timestamp topsy_short_url _wp_old_slug _topsy_long_url _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url _encloseme Spoilation and Parole Evidence: The Importance of Spelling http://westreferenceatt.3fivelab.com/2011/08/spoilation-and-parole-evidence-the-importance-of-spelling/ Tue, 30 Aug 2011 14:01:51 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4316 spoilation instead of spoliation.  Interestingly, this is such a common mistake that a search of all state and federal cases on Westlaw returns 1,047 results for the term spoilation -- a significant number, when compared with the 9,317 results for spoliation.  Legal terms of art can be tricky, and there are certain terms that seem to invite misspelling.  At a glance, the error in "parole evidence" may be skimmed over, as parole is a word.  However, if you enter this term in a search on Westlaw, you will see a bright yellow message displayed at the top of your result list: Did you mean "parol evidence"?  And if you try to search for "parole evidence" using the plain language search of WestlawNext, you'll find that most of your results discuss "parol evidence." I asked some Reference Attorney colleagues to share other easy-to-misspell words they've run across, and put together a short list that is more suggestive than comprehensive:
    • Harassment is often spelled with varying numbers of r's and s's. 
    • Extrinsic, judgment, laches, and frivolous can be surprisingly easy to misspell (e.g. extrinisic, judgement, latches, frivilous).
    • Adviser/advisor is a particular pet peeve of one colleague -- although on Westlaw and WestlawNext, these are automatically treated as alternative terms, unless you deliberately force the system to search only for one or the other.  Thus, a search in federal securities cases on Westlaw will return the same 7,950 cases for either advisor or adviser, regardless of the spelling used.
    • Principal/principle are not alternative terms on Westlaw, which makes sense as each has a distinct meaning.  However, since both are terms commonly used in the law, accidentally exchanging one for the other in a search may still produce search results -- just not the desired results.
    • Voir dire, prima facie, certiorari, and other linguistic imports are also prime candidates for misspelling, where spellcheck is unlikely to be helpful.
    Even misspellings can return results, as courts sometimes make spelling errors too.  For example, if I want to find cases involving taxation and the Philippines, a Westlaw search in all cases using the terms tax! /p Phillippines (misspelled with two l's) will deliver 7 results, while correcting the spelling produces another 384. For this reason, if you are running a search and getting surprisingly few results, it is always a good idea to double-check that you have spelled your terms correctly.   Black's Law Dictionary is available electronically on both Westlaw and WestlawNext to check the spelling of legal terms.
    If you are unsure of how a term should be spelled, you can use the universal character (*) and/or root expander (!) in Westlaw.  For example, you might type princip! to search for either principle or principal.  Or if you can't remember how to spell a word, you can use the asterisk to replace the letter you're unsure of, as in friv*lous or licens*r.  You can also combine these symbols to capture variations on a word, such as using kn*w! to search for knew, know, known, knowledge, etc.
    ]]>
    4316 2011-08-30 09:01:51 2011-08-30 14:01:51 open open spoilation-and-parole-evidence-the-importance-of-spelling publish 0 0 post 0 topsy_short_url topsy_short_url _topsy_long_url _wp_old_slug _topsy_cache_timestamp _topsy_long_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _encloseme _edit_last _slidedeck_slide_title 23945 http://twitter.com/usflawlib/status/108620988744335360 2011-08-30 19:23:56 2011-08-31 00:23:56 Spelling, misspelling, and Westlaw searching - observations from West's Reference Attorneys: http://t.co/agLZMNY]]> 1 trackback 0 0 23944 matthew.randol@thomsonreuters.com 163.231.6.65 2011-08-30 14:18:03 2011-08-30 19:18:03 0 0 0
    Your Work E-mails Are Not Private . . . And Don’t Call Me “Night Ranger” http://westreferenceatt.3fivelab.com/2011/08/your-work-e-mails-are-not-private-and-dont-call-me-night-ranger/ Thu, 01 Sep 2011 00:52:12 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4329 this article. E-mailing in the workplace is not a new problem, but it is a persistent one. So how do employers keep employees on their toes when it comes to personal e-mail and internet use, without invading privacy? Try,  

    pr,ti(internet e-mail electronic-communication /5 policy)

     

    In Westlaw:

    Labor & Employment - Law Reviews, Texts & Bar Journals (LB-TP), or

    Employment Law FormFinder (FORMFINDER-EMPL)

     

            In WestlawNext:

    From the Topics tab, choose Labor & Employment.  You can run a search in any content that is related to Labor & Employment now by searching in the search box at the top, or narrow further by clicking on All Labor & Employment Secondary Sources or Labor & Employment Form Finder.

    ]]>
    4329 2011-08-31 19:52:12 2011-09-01 00:52:12 open open your-work-e-mails-are-not-private-and-dont-call-me-night-ranger publish 0 0 post 0 _topsy_long_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme topsy_short_url 23946 http://twitter.com/westrefattorney/status/109066007729025024 2011-09-01 00:52:17 2011-09-01 05:52:17 New post: Your Work E-mails Are Not Private . . . And Don’t Call Me “Night Ranger” http://t.co/67FadM9]]> 1 trackback 0 0 23947 orenysha5597@yahoo.com http://fashionlove.net/vi-nam 1.53.20.18 2011-11-01 23:39:06 2011-11-02 04:39:06 0 0 0
    To Enforce or Not to Enforce - DREAM Act http://westreferenceatt.3fivelab.com/2011/08/to-enforce-or-not-to-enforce-dream-act/ Wed, 31 Aug 2011 22:02:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4334 2011 WLNR 16447604.   Interpreter Releases is the leading immigration periodical published by West, a Thomson Reuters business, and contains court opinions, administrative and legislative developments as well as legal articles. ICE Director John Morton’s memo clarifying enforcement policy can be found at  88 NO. 32 INTERREL 1961.  Here, Director Morton notes that many students and “low priority” foreign nationals are becoming beneficiaries of prosecutorial discretion as ICE concentrates on apprehension and removal of only those immigrants posing a criminal danger or a national security threat. Faced with the reality that between 10 and 12 million immigrants are in the U.S. illegally, Director Morton initially announced the enforcement shift in July 2010.  See  87 NO. 26 INTERREL 1370. To retrieve immigration judge decisions in Interpreter Releases on WestlawNext involving students with F-1 visas, search:

    advanced:(immigration-judge i.j. /15 decision decid! rul! order! & f-1)

    These enforcement changes bring a smile to Illinois Senator Dick Durbin who has been a long-time champion of legislation to cancel removal and adjust status for certain students. To check the status of DREAM Act legislation introduced by Senator Durbin:

    Database: US-BILLTRK

    Search - au(durbin) & immigration

     The Obama Administration has articulated a commitment to transforming an immigration system in breakdown. Keep checking White House Press Releases on WestlawNext for a list of the 10 most recent announcements related to immigration.

     Simply go to the universal search box and begin typing ‘white house’ to see the ‘Looking for this’ prompt.

    Then search:  immigration & DA(last 30 days)

    ]]>
    4334 2011-08-31 17:02:13 2011-08-31 22:02:13 open open to-enforce-or-not-to-enforce-dream-act publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _wp_old_slug _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme 23948 http://twitter.com/westrefattorney/status/109023220820226048 2011-08-31 22:02:16 2011-09-01 03:02:16 New post: To Enforce or Not to Enforce - DREAM Act http://t.co/UyCMBNg]]> 1 trackback 0 0
    Election Law Research http://westreferenceatt.3fivelab.com/2011/09/election-law-research/ Thu, 08 Sep 2011 22:20:48 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4339 ELECTION-CS), federal election statutes (ELECTION-USCA) and regulations (ELECTION-CFR), as well as a very useful selection of 50 State Surveys for election law issues, including Candidate Filing Requirements, Limits on Contributions and Marking and Counting Ballots. Court filings are found in ELECTION-FILING and ELECTION-BRIEF.  Try the  following query to retrieve campaign advertising-related filings:

    ADVERTI! /10 CAMPAIGN

    The database ELECTION-2008 is a nice combination of election-related trial filings and news, including newspapers, magazines, journals, transcripts and wires, not limited to the 2008 election.  To demonstrate its currency, try the following search:

     BACHMANN /p DEBT-CEILING

    ]]>
    4339 2011-09-08 17:20:48 2011-09-08 22:20:48 open open election-law-research publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _wp_old_slug _encloseme 23949 http://twitter.com/westlawrefatty/status/111927006798675968 2011-09-08 22:20:52 2011-09-09 03:20:52 New post: Election Law Research http://t.co/9OjE8fv]]> 1 trackback 0 0
    I’m Ready for some Football…R U? http://westreferenceatt.3fivelab.com/2011/09/im-ready-for-some-footballr-u/ Wed, 07 Sep 2011 18:21:58 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4370 US PAT 4918603).   If you go check out Fantasy Sports Properties, Inc. v Sportsline.com, Inc., 287 F3d 1108, you will find that “computerized statistical football” is more commonly known by another name.  That’s right folks – Fantasy Football.  It’s that time of year again, when football fans (like me) start to read the sports section more and tune into sports talk radio.  Some spend hours pouring over statistics to make sure they maximize the potential of their fantasy team.  More than a few will spend some time chatting by the water cooler about how Peyton Manning’s neck injury might impact his performance this year.  Much has been written about the loss of productivity in the work place because of athletic-centered hobbies such as fantasy football.  A recent survey (see 2011 WLNR 5132371) found that almost half of respondents have participated in office pools in the past.  The most popular pools?  Super Bowl (63%), March Madness (55%) Lottery (28%) Fantasy Football (23 %).  Of those that participated in pools, 57% have attended a company sports event, 33% have watched or followed sports during work hours and 6% have called in sick the day after watching a sports event.  For a more skeptical view of the loss of productivity related to sports obsessions, see How much productivity is really lost because of fantasy football and March Madness?, 2008 WLNR 17991383.  Here are some work-appropriate football-related research queries:  Intellectual Property Rights

    sy,di("fantasy football" & patent licens! copyright trademark)

    In Westlaw: ALLCASES

    In WestlawNext:   All State and All Federal Cases

    Sports & Entertainment Law

    (player athlete /10 "right of publicity" likeness) /150 "video game" “fantasy football”

    In Westlaw:  TP-ALL

    In WestlawNext:  From the All Content tab choose Secondary Sources

    Employment Law

    FIND the following documents on Westlaw or WestlawNext:

    Place Your Bet: The Legality of Office Pools, 13 No. 3 HR Advisor: Legal & Practical Guidance ART 7, May/June 2007.

    Human Resources Guide § 5:12.50, on Company Rules & Regulations – Employee Office Pools

    Securities Law: To find offerings, mergers, or asset purchases of companies with “fantasy football” interests, type “fantasy football” into the Search Full Text field in EDGAR on Westlaw.  You can further narrow the search, to say S-1’s or 8-K’s, by expanding the “Form Type” menu on the search template.]]>
    4370 2011-09-07 13:21:58 2011-09-07 18:21:58 open open im-ready-for-some-footballr-u publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_post_meta_fixed _slidedeck_slide_title _edit_last _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 23951 http://twitter.com/jane_1597/status/111523101807878146 2011-09-07 19:35:54 2011-09-08 00:35:54 I'm Ready for some Football…R U?: If you go check out Fantasy Sports Properties, Inc. v Sportsline.com, Inc., 28... http://t.co/VmgCUzD]]> 1 trackback 0 0 23952 http://twitter.com/davemahosky/status/111523102453792769 2011-09-07 19:35:54 2011-09-08 00:35:54 I'm Ready for some Football…R U?: If you go check out Fantasy Sports Properties, Inc. v Sportsline.com, Inc., 28... http://t.co/sprnXR4]]> 1 trackback 0 0 23953 http://twitter.com/westlawrefatty/status/111505543130120192 2011-09-07 18:26:07 2011-09-07 23:26:07 New post: I’m Ready for some Football…R U? http://t.co/xpbKUaa]]> 1 trackback 0 0 23954 http://twitter.com/ualawlib/status/113122674896683008 2011-09-12 05:32:02 2011-09-12 10:32:02 I’m Ready for some Football…R U? RT @WestRefAttorney: http://t.co/TQgK9id RSS feeds from Westlaw have tips for Legal Research. [ch] #fb]]> 1 trackback 0 0 23950 http://twitter.com/wanetta218/status/111523112461418496 2011-09-07 19:35:56 2011-09-08 00:35:56 I'm Ready for some Football…R U?: If you go check out Fantasy Sports Properties, Inc. v Sportsline.com, Inc., 28... http://t.co/BDdfXpF]]> 1 trackback 0 0
    Attica Anniversary http://westreferenceatt.3fivelab.com/2011/09/attica-anniversary/ Fri, 09 Sep 2011 12:43:14 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4383 th Anniversary of the beginning of the riots at Attica State Prison in New York.  40 years ago, an organized group of prisoners took control of a wing of Attica state prison, taking more than 30 hostages and holding them until security guards in concert with the military retook the prison on September 13, with casualties in the dozens.  (The sad and grisly details of this event are more fully recounted in Inmates of Attica v. Rockefeller, 453 F.2d 12). Due to the horrific nature of the events, and the national awareness of them at the time, I wanted to see if there was an appreciable rise in prison litigation in the years following the uprising.  Westlaw has a Topic Number for “Prisons” and related litigation, and because the Prisons heading was fairly inclusive or prisoner’s rights issues, I felt it would be a workable proxy for reported cases on prisoner’s rights.  Running this for the period 1962-1971, then 1972-1981, we see a significant increase in reported prisoner’s rights cases:

    310k! & DA(aft 9-13-1961 & bef 9-12-1971): 961 Documents in ALLCASES

    310k! & DA(aft 9-13-1971 & bef 9-12-1981): 2795 Documents in ALLCASES

      The riots raised awareness about the prison itself.  Just adding the word ‘Attica’ to the above searches reveals this.  in the first search, there were 18 cases that mentioned it, all of them in New York (cases that actually arose from a plaintiff’s stay in Attica).  In the second decade, there were 95 cases, some arising from a range of states, with one reference as far away as Hawaii.  The first case outside New York to mention Attica was published 4 days after the riots ended.  See U.S. ex. Rel Miller v. Twomey, 333 F.Supp. 1352 (N.D. Ill.).

    310k! & attica & DA(aft 12-31-1961 & bef 01-01-1972): 18 Documents in Allcases (same as searching New York State and Federal Cases)

    310k! & Attica & DA(aft 9-13-1971 & bef 9-12-1981): 95 Documents in Allcases (only 59 when searching New York State and Federal Cases)

     

    While Attica may not have been the initial cause of increased prisoner litigation in the 1970s and beyond, it is certainly one of the most remembered incidents.* CLE: If you’re interested in learning more about the field of prisoner rights litigation, and some of the hurdles that inmates face even today, there is a CLE Seminar entitled “Representing Plaintiffs in Jail and Prison Litigation” available in the West LegalEdCenter.  It’s accredited for CLE purposes in, among other jurisdictions, New York.

    *for a sense of how well remembered, try DA(aft 08-31-2001 & bef 10-01-2001) & HLD(attica & anniversary riot uprising (correction! /3 facility)) in ALLNEWS to see how much was written about the 30th Anniversary.  My search got 40 hits; I’m interested in seeing at the end of the month what it returns for 2011.

    ]]>
    4383 2011-09-09 07:43:14 2011-09-09 12:43:14 open open attica-anniversary publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_bitly _wp_jd_clig _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 23955 http://twitter.com/westlawrefatty/status/112144293216526336 2011-09-09 12:44:17 2011-09-09 17:44:17 New post: Attica Anniversary http://t.co/hAiw2kv]]> 1 trackback 0 0
    RefAtty Cases: Rajaratnam http://westreferenceatt.3fivelab.com/2011/10/refatty-cases-rajaratnam/ Mon, 17 Oct 2011 05:07:53 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4296 Federal Rule of Criminal Procedure 29 for a judgment of acquittal on all counts. See, U.S. v. Rajaratnam, 2011 WL 3585075. On August 9, 2011, a sentencing memorandum seeking leniency was filed on behalf of Rajaratnam in the Southern District of New York. See, UNITED STATES OF AMERICA, v. Raj RAJARATNAM, Defendant., 2011 WL 3473376. If you would like to track this docket as well, you can pull up the docket by clicking on this link, USA V. RAJARATNAM ET AL, 1:09-CR-01184 and then click on “Track this Docket” to follow up on the developments in this case.]]> 4296 2011-10-17 00:07:53 2011-10-17 05:07:53 open open refatty-cases-rajaratnam publish 0 0 post 0 topsy_short_url _wp_old_slug _topsy_cache_timestamp _topsy_long_url _edit_last _slidedeck_slide_title _jd_post_meta_fixed _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _encloseme 23956 finlay-isaacs@gawab.com http://www.cars.com 23.19.163.129 2013-06-01 12:43:25 2013-06-01 17:43:25 0 0 0 RefAtty Case: Ted White Settlement http://westreferenceatt.3fivelab.com/2011/10/refatty-case-ted-white-settlement/ Mon, 17 Oct 2011 05:07:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4307 RefAtty Case to posts whose central focus is not necessarily research. Instead, these posts represent the legal stories that keep our colleagues awake at night. Of course, we'll continue to include relevant research references.] Every so often, a case comes along that gives us in the profession a moment of pause. When I read the story of this case, I had one of those moments.
    The city of Lee’s Summit announced today that it will pay a $15.5 million settlement to Ted White, a businessman wrongly convicted of sexual misconduct. . . . . After five years in prison, White won a $16 million judgment when a federal jury decided that a Lee's Summit detective conspired with White's wife to get White convicted of child sexual abuse charges. The detective, who is no longer with the department, later married White's former wife. 2011 WLNR 14565472
    The docket for White’s lawsuit is available in the Western District of MO dockets, Docket No. 4:05CV00203. And for court opinions related to White lawsuit:

    Database: MO-CS-ALL or Missouri State and Related Federal on WestlawNext Search: ti(white & mckinley) (13 docs)

    In the 13 years this ordeal has been going, White has been through four trials and numerous appeals, he’s been a fugitive from justice, and spent five years in prison. All of this arose from what appears to be a highly suspect police investigation of White’s ex-wife’s allegations of sexual assault by White against his daughter. The detective investigating the charges was carrying on an affair with the wife of the suspect he was investigating. He told his chief of police about the affair, but was allowed to stay on the case. Only after White was convicted and imprisoned were he and his attorney told of the affair by a co-worker of his ex-wife. According to lawsuit filings, prosecutors had known about the affair but had failed to disclose it to the defense. Ultimately White won a re-trial, which resulted in a hung jury. A third trial won him an acquittal. Trial number four found White on the offensive. He sued the former detective, his ex-wife, and the city of Lee’s Summit, MO, the detective’s employer. The city agreed to indemnify the detective as part of an agreement to be dropped from the suit, but later reneged on that agreement when White won a $16 million jury verdict, arguing that a city ordinance prohibited the city from indemnifying an employee for a violation of someone’s civil rights. After White and his attorneys cried foul, and a federal judge threatened a crime fraud hearing, the city reached a settlement with White to pay him $15.5 million. This case is an interesting look into many different aspects of the legal system, the good and the bad. It’s worth the read. The following research references will work on Westlaw.com or WestlawNext. Other Research References

    For court opinions from the criminal case: Database: MO-CS or Missouri on WestlawNext Search: ti(white) & sexual! (25 docs)

    News articles:

    From the Kansas City Star (Westlaw Database ID KCSTAR) Search: “Ted White” (141 docs)

    From the ALLNEWS database: Search: "ted white" & "lee summit" (44 docs)

    ]]>
    4307 2011-10-17 00:07:13 2011-10-17 05:07:13 open open refatty-case-ted-white-settlement publish 0 0 post 0 _wp_old_slug _topsy_cache_timestamp topsy_short_url _topsy_long_url _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _topsy_long_url _encloseme
    Searching Reexaminations http://westreferenceatt.3fivelab.com/2011/09/searching-reexaminations/ Thu, 15 Sep 2011 14:50:54 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4397 FIP-OG-PAT database and it's full text searchable. The Manual of Patent Examining Procedure (MPEP) explains that inter-partes reexaminations are assigned series number 95/, ex-partes rexaminations 90/.  See MPEP 503.  So, to search for the results of inter-partes examinations, try this:

    95/! and result /10 re-exam!

    Additional Resources

    For more on reexaminations, check out Inter Partes Reexamination 2d (INTRPARTES), by Matthew A. Smith, an Associate at Foley & Lardner in Washington, D.C.

    America Invents Act is currently on Westlaw at  2011 CONG US HR 1249

    For commentary on America Invents and post grant review try this search in the Blogs on Demand dabatase (blogsod):

    atleast3(re-exam!) and america-invents 1249

    or

    atleast3(post-grant) and america-invents 1249

    ]]>
    4397 2011-09-15 09:50:54 2011-09-15 14:50:54 open open searching-reexaminations publish 0 0 post 0 _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_long_url topsy_short_url _topsy_cache_timestamp topsy_short_url _wp_old_slug _topsy_long_url _slidedeck_slide_title _wp_jd_wp _wp_jd_yourls _jd_twitter _wp_jd_clig _wp_jd_bitly _jd_tweet_this _encloseme 23957 http://twitter.com/westlawrefatty/status/114350509627944961 2011-09-15 14:51:00 2011-09-15 19:51:00 New post: Searching Reexaminations http://t.co/Ruhiyazv]]> 1 trackback 0 0
    America Invents Act - First to File http://westreferenceatt.3fivelab.com/2011/09/america-invents-act-first-to-file/ Fri, 16 Sep 2011 18:02:12 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4404 a visit to the Thomas Jefferson High School for Science and Technology in Virginia. The enrolled version can be found at 2011 CONG US HR 1249. This Act significantly reforms US Patent Law.  Plenty has been written but PLI has a great overview of these changes.  See 1058 PLI/Pat 503.  We will, from time to time cover the research angle.  Or, feel free to submit patent reform research questions to west.referenceattorneys@thomson.com. One of the primary changes relates to the priority system, changing the US Patent system from “First-to-Invent” priority system to a “First-to-File” system.  Of course, this isn't the first time Congress considered aligning our priority rules with the rest of the world.  Simple queries got in the FED-LH database got us as far back as 1971.  Here are the comments of H. Dale Grubb, NASA's Assitant Administrator for Legislative Affairs:
    ...In commenting on this original bill, we indicated that we believe the major features to be abolishment of the one-year grace period ; issuance of a patent to the first to file an application, together with the complete elimination of interference practice ; institution of a preliminary application procedure; mandatory publication of applications during pendency ; provision for art more broadly so as to encompass use and sale outside the United States and all disclosure of knowledge in tangible form ; streamlining the judicial process for patent infringement litigation; the making of computer programs unpatentable; and the provision for optional deferred examination of applications in the Patent Office. Now, some four years later, it appears that each of these major features has been completely discarded or significantly modified.

    Hearings before the Subcommittee on Patents, Trademarks, and Copyrights, May 13, 1971.  (Our search was "first to file" /10 patent in the FED-LH database).

    Also, to review the progress of first-to-file over the past 5 years, try thse searches in the Congressional Bills and Legislative History databases.

    patent /5 reform! & first /3 file invent (LH) 13 documents

    patent /5 reform! & first /3 file invent (CONG-BILLTXT-ALL) 23 documents

    ]]>
    4404 2011-09-16 13:02:12 2011-09-16 18:02:12 open open america-invents-act-first-to-file publish 0 0 post 0 _topsy_long_url topsy_short_url topsy_short_url _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug _topsy_long_url _encloseme 23960 Burka46956@yahoo.com http://americanhealthjournal 50.117.68.233 2012-11-21 04:14:37 2012-11-21 10:14:37 0 0 0 23958 http://twitter.com/westlawrefatty/status/114761027006115841 2011-09-16 18:02:15 2011-09-16 23:02:15 New post: America Invents Act - First to File http://t.co/BBR8wSCe]]> 1 trackback 0 0 23959 MerkHarness80@hotmail.com http://www.home-warrantycompanies.com 76.112.70.131 2012-01-28 22:29:02 2012-01-29 04:29:02 0 0 0
    What's the new (mailbox) rule? http://westreferenceatt.3fivelab.com/2011/09/whats-the-new-mailbox-rule/ Fri, 23 Sep 2011 15:11:54 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4430 Given the financial struggles of our Post Office ... will the legal community’s presumption of reliability of the postal service continue to be prudent? It has been in the news for some time now that the United States Postal Office (USPO) is struggling to stay afloat. Given the financial struggles of our Post Office and the imminent likelihood of thousands of jobs being eliminated, will the legal community’s presumption of reliability of the postal service continue to be prudent? Or are we going to have to update some of these well grounded legal principles? My concern with the struggles of the USPO is that both statutory and common law place a great deal of faith in the reliability of the postal service and many of our legal rights, obligations, and procedural rules are based on a presumption of reliability of the postal service. A Connecticut court held that, “'[the] mailbox rule,' a general principle of contract law, provides that a properly stamped and addressed letter that is placed into a mailbox or handed over to the United States Postal Service raises a rebuttable presumption that it will be received.” Butts v. Bysiewicz, 5 A.3d 932.  In a recent Western District of Pennsylvania case, “The Court notes that under the common-law mailbox rule, '[i]f a document is properly mailed, the court will presume the United States Postal Service delivered the document to the addressee in the usual time,” i.e., three business days. In another case, the Ninth Circuit Court of Appeals stated that, “Section 7502 of the Internal Revenue Code and its accompanying regulation 26 C.F.R. § 301.7502-1(a) provide that if the envelope containing the petition has a United States Post Office postmark date which falls within the ninety-day period, the petition is deemed timely filed, even if actually received after that period.” Marquardt v. C.I.R., 9 F.3d 1552. In another case the Tenth Circuit stated that, “[m]ark of private delivery service would not be treated as United States Postmark, when determining whether taxpayer's petition for redetermination of income tax deficiencies was timely, where petition had been mailed via certified mail.” Gibson v. C.I.R., 264 Fed.Appx. 760. The Federal Rules of Civil Procedure also rely on the USPO. A District of Colorado Court held that, “Service by mail is proper and is deemed completed upon mailing. Rule 5(b), Fed.R.Civ.P.”, Lash v. City of Trinidad, 2006 WL 3054305. From a research perspective, you may find the following Westlaw Next searches useful:

    Content set: All states and all federal, MAIL-BOX-RULE /S U.S. UNITED-STATES /5 POST!

    USCA: SD(U.S. UNITED-STATES /2 MAIL! POST-BOX POST-OFFICE POSTAL)

    News: DA(after 8/2011) & (U.S. UNITED-STATES /2 POST!) U.S.P.O. /50 STRUGG! DEFAUL! BANKRUPT! AFLOAT LAY-OFF (ELIMINAT! /5 JOB POSITION)

    Other References

    KeyNumbers:  Topic 378 is time.  Mailbox Rule Keynumber is 378k8.5.  Sundays and Nonjudicial Days is 378k10.

    The US-RULESCOMM database contains documents released by the five advisory committees to the Judicial Conference of the United States.  Try these Westclips

    (U.S. UNITED-STATES /5 POST! MAIL) U.S.P.O. or

    (U.S. UNITED-STATES /5 POST! MAIL) (U.P.S. /5 MAIL! PARCEL) (PRIVAT! /7 MAIL COURIER PARCEL) U.S.P.O. FEDERAL-EXPRESS UNITED-PARCEL-SERVICE GLOBAL-MAIL AIRBORNE

    ]]>
    4430 2011-09-23 10:11:54 2011-09-23 15:11:54 open open whats-the-new-mailbox-rule publish 0 0 post 0 topsy_short_url _jd_wp_twitter _jd_post_meta_fixed _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _topsy_long_url _wp_old_slug _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_jd_yourls topsy_short_url _wp_jd_url _wp_jd_target _topsy_long_url _encloseme 23961 http://twitter.com/westlawrefatty/status/117254886277652480 2011-09-23 15:11:58 2011-09-23 20:11:58 New post: What's the new (mailbox) rule? http://t.co/lxFK0ECl]]> 1 trackback 0 0 23962 http://mailboxrule.org/tips-on-finding-mailbox-rule-for-outlook 174.132.128.130 2011-10-19 12:17:22 2011-10-19 17:17:22 0 pingback 0 0
    HPV Vaccine Executive Orders http://westreferenceatt.3fivelab.com/2011/09/hpv-vaccine-executive-orders/ Fri, 23 Sep 2011 20:10:26 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4440 Executive Order RP 65  (later rescinded by RP 74 )  requiring pre-teen girls to be vaccinated for the Human Papillomavirus (HPV).  Issues of public health and parents’ rights, morality and constitutionality, ethics and politics have all collided over this vaccine, and the debate will likely only intensify.  With that in mind, I thought it would be interesting to see how many times this vaccine has been referenced in recent state executive orders, statutes, regulations and pending legislation.  On WestlawNext, I started with the following search in Netscan Executive Orders:       h.p.v. human-papilloma! & vaccin! It produced only one result, an executive order from Louisiana Gov. Bobby Jindal directing the creation of abstinence and HPV vaccine awareness programs. Coverage for Netscan Executive Orders dates back to 2008, so Perry’s 2007 EO does not appear.  But, the same query in Texas' Historical Session Laws did provide a link to Gov. Perry's response to the Texas legislature's rebuke of his Executive Order.  See, TX Gov. Mess., 5/8/2007 at TX LEGIS 43 (2007)). Next, I selected All State materials, and ran the same query.  At the time of this writing, the search produced 51 statutes, 27 regulations, 270 bills and session laws and 155 proposed and recently adopted regulations. Only 4 cases were retrieved with the search. For some of the most robust results, I selected Secondary Sources for a list of 379 articles, including “Assessing Mandatory HPV Vaccination: Who Should Call the Shots?” from the Journal of Law, Medicine and Ethics. For some of the most robust results, I selected Secondary Sources for a list of 379 articles, including “Assessing Mandatory HPV Vaccination: Who Should Call the Shots?” from the Journal of Law, Medicine and Ethics. Over 2,285 results were produced in News sources on WestlawNext, over half of them published in the last 90 days.]]> 4440 2011-09-23 15:10:26 2011-09-23 20:10:26 open open hpv-vaccine-executive-orders publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 23963 http://twitter.com/westlawrefatty/status/117336033670086657 2011-09-23 20:34:25 2011-09-24 01:34:25 Post Edited: HPV Vaccine Executive Orders http://t.co/tUU2eHFn]]> 1 trackback 0 0 23964 http://twitter.com/lovehstyle/status/117442055877312513 2011-09-24 03:35:42 2011-09-24 08:35:42 HPV Vaccine Executive Orders: Michelle Bachman's rebuke of Texas governor Rick Perry's 2007 Executive Order RP 6... http://t.co/wzbX9JZx]]> 1 trackback 0 0 23965 http://twitter.com/westlawrefatty/status/117330010116849665 2011-09-23 20:10:28 2011-09-24 01:10:28 New post: HPV Vaccine Executive Orders http://t.co/tUU2eHFn]]> 1 trackback 0 0 23966 KocianHufft639@gmail.com http://genitalwartsrx.com/ 98.85.30.144 2012-03-03 11:38:11 2012-03-03 17:38:11 0 0 0 23967 GentilcoreMeighan25@aol.com http://jaketkulit.jemari.info/?author=1 118.96.92.145 2012-04-15 15:38:05 2012-04-15 20:38:05 0 0 0 Scientists on Trial http://westreferenceatt.3fivelab.com/2011/09/scientists-on-trial/ Fri, 30 Sep 2011 22:26:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4464 fail! /4 predict! warn! noti! +10 earthquake storm "natural disaster" volcan!

    There were no criminal cases to be found against scientists. However, plaintiffs have been trying to sue the United States National Weather Service (NWS) for decades. (Try, ptn("national weather service") in dockets content.) If you are wondering about your chances of success in suing the local t.v. weatherman for not predicting a storm that ruined your wedding, check out the following law review article for a discussion of the duty of care owed by meteorologists: 66 TXLR 683. Cases are typically dismissed under sovereign immunity due to the discretionary nature of the NWS functions, whether brought under the Federal Tort Claims act or common-law tort. The courts held that NWS did have a duty of care but as a government entity, they have immunity. In a 1999 wrongful death action (4:99-cv-10059), plaintiffs alleged the NWS kept a forecasting center closed following Hurricane Andrew in violation of the Weather Service Modernization Act (Act can be found at 15 USCA 315, PL 102-567).  Even so, the court dismissed the NWS citing the Admiralty Act (formerly, 46 USC App 741-752) as well as Brandt v. Weather Channel, Inc., 42 F. Supp. 2d 1344. The Law.com article on the Italy case notes:
    Prosecutors also point to an unfortunate pre-earthquake interview in which Bernardo De Bernardinis, then-vice chief of the technical department of Italy's civil protection agency, was asked whether residents should just sit back and relax with a glass of wine. "Absolutely, absolutely a Montepulciano doc," he responded, referring to a high-end red.
    Still, it's "an inherently unpredictable phenomena," said Rick Aster  on NPR.  Mr. Aster is president of the Seismological Society of America. He and his colleagues petitioned to have the charges dropped. OTHER REFERENCES The Texas Law Review Article reference above is cited by The Tort of Giving Negligent Investment Adivce  by Seth E. Lipner and Lisa A. Catalano. Footnote 82 in 39 UMPSLR 663 notes that the Restatement 2d of Torts sec 552 "has spawned a variety of law review articles about its application to various businesses and professions..." Check out the footnote for that list of articles.]]>
    4464 2011-09-30 17:26:47 2011-09-30 22:26:47 open open scientists-on-trial publish 0 0 post 0 _wp_old_slug topsy_short_url _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _encloseme 23968 http://twitter.com/westlawrefatty/status/119901041255907328 2011-09-30 22:26:50 2011-10-01 03:26:50 New post: Scientists on Trial http://t.co/Yy2hcDX8]]> 1 trackback 0 0 23969 900Milkent@yahoo.com http://www.bestteragoldstore.com/ 200.244.69.108 2012-01-05 01:31:00 2012-01-05 07:31:00 buy guild wars 2 gold]]> 0 0 0
    The Breastfeeding Promotion Act of 2011 http://westreferenceatt.3fivelab.com/2011/09/the-breastfeeding-promotion-act-of-2011/ Fri, 30 Sep 2011 00:51:10 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4471 Related UPDATE: Above the Law reported that the Law School Admissions Council (LSAC) has a new policy that allows breastfeeding mothers additional break time (a “lactation-related modification”) while taking the Law School Admissions Test (LSAT). The allowance seems pretty reasonable to me, though I am admittedly biased as a breastfeeding mother myself. I wondered if this issue had been addressed before in case law, so I decided to try a quick plain language search in WestlawNext. Using All State and Federal materials, I ran the following query: ADDITIONAL TIME TO BREASTFEED DURING TEST OR EXAM The overview screen alerts me immediately to a recent case involving a woman who requested additional time to express breast milk during a medical licensing exam. The court rejected her state Civil Rights Act claim, but they found that the Equal Rights Act applied to lactating women, and that the denial of additional time violated the state public accommodations law as sex discrimination in a place of public accommodation. Currier v. Natl. Bd. of Med. Examiners, 965 N.E.2d 829 (Mass. 2012). Clicking on the filings tab for the Currier case displays a number of the briefs, including amicus curiae, for this case. ------------------------------------------------------------------------------------- Original Post September 29, 2011 The benefits of breastfeeding have been made well known in recent years, with government campaigns, medical organizations, and the media extolling the advantages for babies and mothers. When I became a mother a few years ago, I was committed to breastfeeding my new baby. I found fantastic support here at Thomson Reuters, where I was provided time and a comfortable, well-equipped, private, “Mother’s Room” to express breast milk during the workday. But not all working mothers enjoy such benefits; and breastfeeding can pose some logistical challenges to employers when they are asked to provide accommodations for employees who need to express their breast milk at the workplace. The Patient Protection and Affordable Care Act PL 111-148, 2010 HR 3590 made it a requirement for employers with over 50 employees to provide reasonable, unpaid, break time as needed for employees to express breast milk for nursing children up to one year of age. It also required that the employer provide a private place (that is not a bathroom), for employees to express their breast milk. The move was heralded as a positive step in providing protection to nursing mothers who work outside the home, and in support of breastfeeding. But as they exist currently, the protections provided by the Patient Protection and Affordable Care Act are limited to non-exempt employees. The Breastfeeding Promotion Act of 2011 proposes to amend the Civil Rights Act of 1964 to explicitly protect breastfeeding mothers from discrimination, and expand the current break time requirements to salaried, exempt, employees. I wanted to find this proposed legislation and track its progress. I knew the popular name, so I ran the following search in the search box at the top of the Congressional Bills category page under Federal Proposed & Enacted  Legislation on WestlawNext:

    “BREASTFEEDING PROMOTION ACT OF 2011”

    We get two results as of 9.29.2011. One is the Senate Bill (2011 CONG US S 1463), and the other is the House bill (2011 CONG US HR 2758). To check the status of these bills,  go to Bill Tracking under Tools and Resources under Federal Proposed & Enacted  Legislation. I wanted to search for both of these bills, so I used the Terms and Connectors search box instead of the template. This was my search:

    CI(1463) CI(2758) & TI(BREASTFEEDING)

    Or, track the bill using CapitolWatch.  The CapitolWatch link on the tools tab in WestlawNext. Find the bills and click, track. [caption id="attachment_4475" align="alignnone" width="300" caption="Click to Enlarge"][/caption]]]>
    4471 2011-09-29 19:51:10 2011-09-30 00:51:10 open open the-breastfeeding-promotion-act-of-2011 publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _encloseme 23970 http://twitter.com/westlawrefatty/status/119574991552520192 2011-09-30 00:51:14 2011-09-30 05:51:14 New post: The Breastfeeding Promotion Act of 2011 http://t.co/RLN2lTS0]]> 1 trackback 0 0 23971 http://twitter.com/susanpowers01/status/119625472018620416 2011-09-30 04:11:49 2011-09-30 09:11:49 The Breastfeeding Promotion Act of 2011: The benefits of breastfeeding have been made well known in recent years... http://t.co/p1TjV5z1]]> 1 trackback 0 0 23972 http://twitter.com/itsbambinocity/status/119655342408876032 2011-09-30 06:10:31 2011-09-30 11:10:31 The Breastfeeding Promotion Act of 2011 http://t.co/UrCQkBpH]]> 1 trackback 0 0 23973 http://twitter.com/bestforbabes/status/119841832606777345 2011-09-30 18:31:34 2011-09-30 23:31:34 "Are you following the Breastfeeding Promotion Act of 2011 in the US? It will amend the Civil Rights Act of 1964... http://t.co/Y89lYK0m]]> 1 trackback 0 0 23974 http://twitter.com/filosooftekoop/status/119844808759066624 2011-09-30 18:43:23 2011-09-30 23:43:23 "Are you following the Breastfeeding Promotion Act of 2011 in the US? It will amend the Civil Rights Act of 1964... http://t.co/Y89lYK0m]]> 1 trackback 0 0 23975 http://twitter.com/breastpumpsdir/status/119844741125906432 2011-09-30 18:43:07 2011-09-30 23:43:07 "Are you following the Breastfeeding Promotion Act of 2011 in the US? It will amend the Civil Rights Act of 1964... http://t.co/T0HhZNvF]]> 1 trackback 0 0 23976 http://twitter.com/ilca1985/status/119824900381880321 2011-09-30 17:24:17 2011-09-30 22:24:17 Are you following the Breastfeeding Promotion Act of 2011? http://t.co/6JyvBJnm]]> 1 trackback 0 0 23977 http://twitter.com/miyakowasurelc/status/119832378997874689 2011-09-30 17:54:00 2011-09-30 22:54:00 Are you following the Breastfeeding Promotion Act of 2011? http://t.co/6JyvBJnm]]> 1 trackback 0 0 23978 http://twitter.com/mrmikesings/status/119869881897320449 2011-09-30 20:23:01 2011-10-01 01:23:01 RT @TheMommyStation:The Breastfeeding Promotion Act of 2011 http://t.co/wafbAhUT]]> 1 trackback 0 0 23979 http://twitter.com/ineke11/status/119876349497311232 2011-09-30 20:48:43 2011-10-01 01:48:43 Are you following the Breastfeeding Promotion Act of 2011? http://t.co/6JyvBJnm]]> 1 trackback 0 0 23980 http://twitter.com/hippygirl/status/119893549369147392 2011-09-30 21:57:04 2011-10-01 02:57:04 Are you following the Breastfeeding Promotion Act of 2011 in the US? It will amend the Civil Rights Act of 1964 to... http://t.co/Quz2VUmu]]> 1 trackback 0 0 23981 http://twitter.com/bayareabfande/status/119900044525699072 2011-09-30 22:22:52 2011-10-01 03:22:52 Follow the Breastfeeding Promotion Act... http://t.co/fzxQ4J51]]> 1 trackback 0 0 23982 http://twitter.com/breastfriendwny/status/119957023243776000 2011-10-01 02:09:17 2011-10-01 07:09:17 Are you following the Breastfeeding Promotion Act of 2011 in the US? It will amend the Civil Rights Act of 1964 to... http://t.co/ZurK3A81]]> 1 trackback 0 0 23983 http://twitter.com/scbc3/status/119992339526713345 2011-10-01 04:29:37 2011-10-01 09:29:37 "Are you following the Breastfeeding Promotion Act of 2011 in the US? It will amend the Civil Rights Act of 1964... http://t.co/Y89lYK0m]]> 1 trackback 0 0 23984 pandi@netvision.net.il http://www.my-practical-baby-guide.com/ 46.116.139.153 2011-10-01 00:13:38 2011-10-01 05:13:38 1 0 0 23985 http://twitter.com/nbfcenter/status/120121760476704768 2011-10-01 13:03:54 2011-10-01 18:03:54 "Are you following the Breastfeeding Promotion Act of 2011 in the US? It will amend the Civil Rights Act of 1964... http://t.co/Y89lYK0m]]> 1 trackback 0 0 23986 http://twitter.com/uslca/status/120183777866694657 2011-10-01 17:10:20 2011-10-01 22:10:20 Are you following the Breastfeeding Promotion Act of 2011? http://t.co/6JyvBJnm]]> 1 trackback 0 0 23987 http://twitter.com/litldoc/status/120187513896845312 2011-10-01 17:25:10 2011-10-01 22:25:10 This needs to be passed yesterday!!! Write / email / call your Representative and Senators and ask for their support! http://t.co/6q5rlhim]]> 1 trackback 0 0 23988 http://twitter.com/becky_e_d/status/121200768924663808 2011-10-04 12:31:29 2011-10-04 17:31:29 RT @WestRefAttorney: The Breastfeeding Promotion Act of 2011 http://t.co/42OwKaNj]]> 1 trackback 0 0 23989 http://twitter.com/babygooroo/status/121665422784339969 2011-10-05 19:17:51 2011-10-06 00:17:51 "Are you following the Breastfeeding Promotion Act of 2011 in the US? It will amend the Civil Rights Act of 1964... http://t.co/Y89lYK0m]]> 1 trackback 0 0 23990 Chhim@gmail.com http://www.aboutus.org/PlasticSurgeryMarketing.us 173.208.41.212 2011-10-26 00:08:25 2011-10-26 05:08:25 0 0 0 23991 BeckleyMazer065@aol.com http://www.increasingmilksupply.net 78.90.162.38 2011-12-08 10:26:59 2011-12-08 16:26:59 0 0 0 23992 glewisch@geritlewisch.com http://www.google.com/ 211.38.217.213 2012-01-07 06:51:46 2012-01-07 12:51:46 0 0 0 23993 Greenstreet85@gmail.com http://attorneyhirehelp.blogspot.com/ 50.117.71.111 2012-01-10 19:33:45 2012-01-11 01:33:45 0 0 0 23994 http://twitter.com/westlawrefatty/status/214754595719749632 2012-06-18 16:21:00 2012-06-18 21:21:00 Post Edited: The Breastfeeding Promotion Act of 2011 http://t.co/RLMXOjR6]]> 1 trackback 0 0 23995 http://twitter.com/jillwvz/status/214923639047467009 2012-06-19 03:32:43 2012-06-19 08:32:43 Post Edited: The Breastfeeding Promotion Act of 2011 http://t.co/RLMXOjR6]]> 1 trackback 0 0
    Supreme Court Search Tips for the New Term http://westreferenceatt.3fivelab.com/2011/10/supreme-court-search-tips-for-the-new-term/ Mon, 03 Oct 2011 18:17:35 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4490 search tips for searching concurring and dissenting opinions within Supreme Court cases. We take exception only to this:
    If you want to use WestlawNext rather than Westlaw, the same field searches will retrieve the same results if you limit the Jurisdiction to United States Supreme Court. Unfortunately, WestlawNext does not advertise this functionality, so those law students who have been introduced only to WestlawNext (as opposed to Westlaw) will never know such control exists.
    In fact,once you navigate to the Supreme Court page onWestlawNext, you'll find dissenting, concurring, and panel fields on the Advanced Search Template: In addition, the Advanced Search page includes a pdf outlining the poriton of the document searched by each field: This week, we'll be offering additional Supreme Court search tips.  Let us know what other Supreme Court-related research you'd like us to investigate.]]>
    4490 2011-10-03 13:17:35 2011-10-03 18:17:35 open open supreme-court-search-tips-for-the-new-term publish 0 0 post 0 _wp_old_slug _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 23996 http://twitter.com/westlawrefatty/status/120925495142522880 2011-10-03 18:17:39 2011-10-03 23:17:39 New post: Supreme Court Search Tips for the New Term http://t.co/K9kjSpmO]]> 1 trackback 0 0
    Supreme Court Search Tips: Contentious Cert Denials http://westreferenceatt.3fivelab.com/2011/10/supreme-court-search-tips-contentious-cert-denials/ Mon, 03 Oct 2011 20:46:32 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4498 (scalia +5 "would grant certiorari") (DIS(j. justice /3 scalia) and "WOULD GRANT CERTIORARI")

    Other Helpful Cert Content Of course, petitions for Writ of Certiorari can be found on Westlaw (SCT-PETITION) and on WestlawNext:

    Joint Appendices (SCT-JA on Westlaw, U.S. Supreme Court Joint Appendices on WestlawNext): Once Cert is granted, Supreme Court Rule 26 requires petitioners to file 40 copies of a joint appendix which must inlcude: (1) the relevant docket entries in all the courts below; (2) any relevant pleadings, jury instructions, findings, conclusions, or opinions; (3) the judgment, order, or decision under review; and (4) any other parts of the record that the parties particularly wish to bring to the Court's attention.  See for example, the  Citizens United v. Federal Election Commission Joint Appendix at 2009 WL 62995 (Approx. 85 pages).

    ]]>
    4498 2011-10-03 15:46:32 2011-10-03 20:46:32 open open supreme-court-search-tips-contentious-cert-denials publish 0 0 post 0 _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _slidedeck_slide_title _edit_last _jd_wp_twitter _jd_post_meta_fixed _topsy_long_url _wp_jd_wp _wp_jd_bitly _wp_jd_clig topsy_short_url _jd_tweet_this _jd_twitter _encloseme _wp_jd_yourls _wp_jd_url _wp_jd_target 23997 http://twitter.com/westlawrefatty/status/120962979377328128 2011-10-03 20:46:36 2011-10-04 01:46:36 New post: Supreme Court Search Tips: Contentious Cert Denials http://t.co/TrxCdFao]]> 1 trackback 0 0 23998 stoner@x-player.eu http://www.facebook.com/profile.php?id=100003407131703 203.10.124.99 2012-12-11 16:28:07 2012-12-11 22:28:07 0 0 0
    Supreme Court Tip: This Term's Merit Cases http://westreferenceatt.3fivelab.com/2011/10/supreme-court-tip-this-terms-merit-cases/ Wed, 05 Oct 2011 21:16:48 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4512 just get the answer? The SCOTUSblog's Merit Cases page includes docket numbers, party names, argument dates, a short description of the case, and a link to the opinion when available. It's also sortable by case name or date. But, as researchers, we keep our powder dry.  It's not enough to know what.  We also want to know how.  See for ourselves.  And, our own research gives us more discretion as far as how we wish to work with the results. Here's one recommended search.  In Supreme Court Dockets, try:

    2011 2012 /25 "set for argument"

    66 Results

    From here, you can download the dockets.  On WestlawNext, you can also export the result list to a .csv file ('comma-separated-values' means it'll open in Excel).  Fields include case title, filed date, docket number, and the docket's WesltawNext URL.]]>
    4512 2011-10-05 16:16:48 2011-10-05 21:16:48 open open supreme-court-tip-this-terms-merit-cases publish 0 0 post 0 _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url _encloseme topsy_short_url _topsy_long_url _wp_old_slug _slidedeck_slide_title _edit_last _jd_wp_twitter _jd_post_meta_fixed _topsy_cache_timestamp 23999 http://twitter.com/westlawrefatty/status/121695370643390464 2011-10-05 21:16:52 2011-10-06 02:16:52 New post: Supreme Court Tip: This Term's Merit Cases http://t.co/aqd9YrhB]]> 1 trackback 0 0 24000 StutsmanLapsley7411@gmail.com http://www.meritpropertymanagement.net/2011/05/ 46.217.126.103 2013-08-23 06:48:42 2013-08-23 11:48:42 0 0 0
    Alabama Immigration Law Upheld in Federal Court http://westreferenceatt.3fivelab.com/2011/10/alabama-immigration-law-upheld-in-federal-court/ Thu, 06 Oct 2011 22:12:25 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4519 ...but is it constitutional? According to an article in the New York Times (2011 WLNR 13207962), on September 28, Judge Sharon Lovelace Blackburn of the Northern District of Alabama upheld significant portions of a controversial immigration law passed by the Alabama legislature this year.  Although Alabama is not the only state to pass such legislation in the last few years—Georgia, South Carolina, Utah and most notably Arizona have shared the limelight as states where harsh immigration laws have been passed—its law has been described as the most extreme so far. See AL LEGIS 2011-535. Among the more objectionable aspects of Alabama’s law are its requirements that schools and businesses partake in the policing of illegal immigrants.  For example, public schools are required to determine the immigration status of their students as well as that of their families and report this information to the state.  And businesses that knowingly hire illegal immigrants now will operate under the threat of losing their licenses.  The law also makes it a crime to help an illegal immigrant—which puts churches and other charitable institutions at risk.  The law has many supporters, to be sure, but its opponents have vociferously challenged the constitutionality of the law’s provisions.  The Justice Department filed a suit to enjoin enforcement of the law (11-cv-02746).  The American Civil Liberties Union sued Alabama declaring the new immigration law unconstitutional (11-cv-02484).  Because of the law’s effect on Good Samaritans, a group of four religious leaders, including an Episcopal bishop, a Methodist bishop and a Roman Catholic archbishop and bishop, has filed yet another suit to block the law (11-cv-2736). The judge’s ruling is by no means the final say on this issue.  Many of the civil rights groups and other plaintiffs are already preparing their appeals of this decision.  What have other courts been saying on this issue?  I did this search in ALLFEDS on Westlaw and got 1390 results:

      SY,DI,PR,HG,BG("BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT" IMMIGRAT! & PRE-EMPT! CONSTITUTIONAL!) & da(last 3 years)

    As you can imagine, this is quite a hot topic in the news as well.  Try the following search in Major Newspapers (NPMJ):

    IMMIGRAT! /5 LAW RULE STATUTE REGULATION /P CONSTITUTIONAL! PRE-EMPT!

    To see a list of filings related to this issue in Alabama courts, do the following search in AL-FILING-ALL:

    (immigrat! & constitutional! pre-empt! & da(last 2 years) )

    WestlawNext also brings up all of these same materials—just select Alabama state and federal as your jurisdiction (You can do the same in News) and type the following:

    constitutionality of Alabama immigration law

    Change the “sort by” box from relevancy to date and the newest decisions will appear first.

    ]]>
    4519 2011-10-06 17:12:25 2011-10-06 22:12:25 open open alabama-immigration-law-upheld-in-federal-court publish 0 0 post 0 _topsy_cache_timestamp _edit_last _slidedeck_slide_title _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _jd_post_meta_fixed _topsy_long_url topsy_short_url _wp_old_slug _topsy_long_url _jd_wp_twitter _wp_jd_target _encloseme _wp_jd_yourls _wp_jd_wp _wp_jd_url topsy_short_url 24001 http://twitter.com/westlawrefatty/status/122071755555737600 2011-10-06 22:12:29 2011-10-07 03:12:29 New post: Alabama Immigration Law Upheld in Federal Court http://t.co/KcAiSR6b]]> 1 trackback 0 0 24002 http://twitter.com/wilsongala/status/122295267272835073 2011-10-07 13:00:38 2011-10-07 18:00:38 check this out!!! Alabama Immigration Law Upheld in Federal Court: According to an article in... http://t.co/qdpPuWjL what do you think?]]> 1 trackback 0 0
    Supreme Court Tip: Finding Mr. Justice Elena Kagan http://westreferenceatt.3fivelab.com/2011/10/supreme-court-tip-finding-mr-justice-elena-kagan/ Wed, 12 Oct 2011 20:27:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4527 Nina Totenberg owns the Supreme Court beat.  Her recent 8 minute piece on Clarence Thomas' influence on the Supreme Court is not to be missed. Ms. Totenberg's straight delivery puts her listeners in the courtroom even when there's no recorded audio available to flavor her reporting. In her coverage of the October 5th oral arguments in Hosanna-Tabor v. EEOC, Totenberg noted:
    Following Kruger to the lectern was Perich's lawyer, Walter Dellinger. He literally got one word out of his mouth before the justices pounced. Justice Elena Kagan asked Dellinger "why this commissioned minister does not count as a minister....." [emphasis mine]
    What do you think that one word might have been? Here's the transcript (2011 WL 4593953):

    MR. DELLINGER: Mr. Chief Justice, and may it please the Court --

    JUSTICE KAGAN: Mr. Dellinger -- could you assume -- could you assume for me that -- is it --

    CHIEF JUSTICE ROBERTS: Mr. -- Justice Kagan --

    (Laughter.)

    JUSTICE KAGAN: I feel like I missed something. Mr. Dellinger, could you assume for ...?

    Ok.  So, it was more than one word.  But, if you can't get past "may it please the court," you've been pounced upon.  And, the transcript reveals that Mr. Dellinger (certainly a seasoned attorney)  felt it.  For Court-followers, these transcripts offer great additional value to Ms. Totenberg's coverage.  Transcripts of oral arguments can be found on Westlaw (SCT-ORALARG) and WestlawNext (Surpreme Court Oral Transcripts).]]>
    4527 2011-10-12 15:27:47 2011-10-12 20:27:47 open open supreme-court-tip-finding-mr-justice-elena-kagan publish 0 0 post 0 _wp_jd_clig _wp_jd_bitly _jd_twitter _jd_tweet_this _topsy_cache_timestamp _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_target _jd_post_meta_fixed _edit_last _slidedeck_slide_title topsy_short_url _encloseme topsy_short_url _topsy_long_url _wp_old_slug _jd_wp_twitter _topsy_long_url 24003 http://twitter.com/westlawrefatty/status/124219753605767169 2011-10-12 20:27:51 2011-10-13 01:27:51 New post: Supreme Court Tip: Finding Mr. Justice Elena Kagan http://t.co/GpZlvfk4]]> 1 trackback 0 0 24004 LabombardMarsiglia5272@gmail.com http://moneyonlineg.blogspot.com/feeds/1190404462656302480/comments/default 65.94.64.77 2011-12-11 16:27:17 2011-12-11 22:27:17 0 0 0
    A Tablet Game Changer? http://westreferenceatt.3fivelab.com/2011/10/a-tablet-game-changer/ Tue, 18 Oct 2011 18:24:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4560 Amazon.com’s recently unveiled Kindle Fire tablet computer is being hailed as the first serious competitor to Apple’s industry-leading iPad. The Fire features a smaller 7 inch screen with no camera and no network plan, but amazon.com will provide access to thousands of apps for the Android-based operating system and free cloud storage. With a starting price of $199, it offers a substantially less expensive option than the iPad, which starts at $499. It also undercuts Blackberry's Playbook, which was starting at $499, but those prices were slashed days before the reveal of the Kindle Fire.

    Westlaw provides many business news and company information resources that may help answer that question.

    Analysts Reports (INVESTEXT-PDF)

    This collection includes full-text research reports written by investment specialists from leading brokerage houses, investment banks, and financial research firms (Cathay, Datamonitor, Bear Stearns, Credit Suisse, and many others).  A simple search for "tablet" in the title of these reports delivered many results including:

    Amazon Fires Up the Kindle, Changes the Tablet Landscape from Current Analysis.  It includes the following sections.

    Competitive Strengths
    Competitive Weaknesses
    Response & Recommendations

    Perphaps the real benefit of this search, however, is that it shows us how we might search for future analysis.  Our relevant result was indexed like this:

    Industry: TELECOMMUNICATIONS
    Language: ENGLISH
    Report Type: IR

    So, a recommended query for a WestClip alert might look like this:

    IND("TELECOMMUNICATIONS") & TI(TABLET) & RT(IR)

    The abbreviations here have the following meanings:

    IND = Industry

    TI = Title

    RT=Report Type

    IR = Industry Report (vs. Company Report)

    You might consider alternative terms for "tablet" or leave the term out of the title field.  Or, include the term "Kindle," of course.  The query searches a shell document which houses basic bibliographic information, the table of contents for the report, and a pdf of the report itself .  The search is free.  You pay for the pdf.

    Fair Disclosure (FINDISCLOSURE)

    This database includes very frequently-requested company information: transcripts of analyst's calls to the executives of publicly traded companies. This database is also indexed for company name, industry, and other information.  For our purposes, however, we found simple key word searches seemed to work the best:

    hld(apple amazon) & ipad! kindle!

    The hld (headline) field helps ensure the transcript is from the company you wish to research.  However, we found several transcripts where various firms discussed their use of these devices.  So, if setting up an alert to track adoption and use, the best search might simply be:

    ipad! kindle!

    EDGAR

    EDGAR is another source for valuable corporate financial information.  You’ll also find it on the Westlaw Company Information or Securities Practitioner tab.  For Amazon.com securities filings form the last two years, try the following search:

    cn(amazon.com) & da(aft 2009)

    Stock Prices

    Amazon’s stock price may be another barometer of the Fire’s initial reception.   For daily and historical quotes, try the Quotes Service.  On Westlaw.com you’ll find it on either the Company Information or Securities Practitioner tab, or via Site Map under “Alerts.”  On WestlawNext select “Business Information” on the “All Content” tab. Get the last closing price or track closing prices over a daily, weekly, monthly or yearly range.

    News

    Of course, there's always news. For Kindle Fire news and product reviews, try the following search in the database ALLNEWSPLUS on Westlaw.com or the News content on WestlawNext (you may want to sort your results by date):

    hld(kindle-fire)

    ]]>
    4560 2011-10-18 13:24:06 2011-10-18 18:24:06 open open a-tablet-game-changer publish 0 0 post 0 topsy_short_url _wp_old_slug _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url _encloseme _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url 24005 http://twitter.com/westlawrefatty/status/126362949949464576 2011-10-18 18:24:09 2011-10-18 23:24:09 New post: A Tablet Game Changer? http://t.co/EscOFMRJ]]> 1 trackback 0 0 24006 SallazSchollmeyer2885@yahoomail.com http://www.informreview.com/mortgageleads.html 59.92.81.122 2012-03-13 14:24:29 2012-03-13 19:24:29 0 0 0
    Full Faith and Credit for Carry Permits? http://westreferenceatt.3fivelab.com/2011/10/full-faith-and-credit-for-carry-permits/ Thu, 27 Oct 2011 02:01:18 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4570 H.R. 822 is currently wending its way through the halls of Congress.  The bill would essentially grant the same type of state-by-state reciprocity to holders of concealed weapons permits as is granted to holders of state driver's licenses. In its current form, it reads:
    Sec. 926D. Reciprocity for the carrying of certain concealed firearms '(a) Notwithstanding any provision of the law of any State or political subdivision thereof, related to the carrying or transportation of firearms, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm, may carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State, other than the State of residence of the person, that-              '(1) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or              '(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. '(b) A person carrying a concealed handgun under this section shall be permitted to carry a handgun subject to the same conditions or limitations that apply to residents of the State who have permits issued by the State or are otherwise lawfully allowed to do so by the State. '(c) In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, a firearm shall be carried according to the same terms authorized by an unrestricted license or permit issued to a resident of the State. '(d) Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms.' 2011 CONG US HR 822
    Currently, every state in the country, save Illinois and the District of Columbia provide some means by which its residents may lawfully carry a concealed firearm.  Some are considered "Shall Issue" states (See Minn. Stat. 624.714).  Others are "May Issue" (NY Penal 400.00).  Still others practice what has been termed "Constitutional Carry" where no permit is required.  Even among the states that fall into the Shall Issue and May Issue categories, the actual practices and requirements for the permit vary greatly. This new legislation would provide some standards across the country for those who have permits to carry a firearm to lawfully carry subject to the laws of the state they are currently in, much the same way drivers are required to follow the laws of the states they visit.  But the carrying of firearms is undoubtedly a more hot button issue than driving across state lines. In fact, a similar bill was introduced in the last session of Congress, but 2009 CONG US HR 197 died in committee.  The current bill has already cleared its first hurdle, but there are undoubtedly many more issues to come. Tracking To keep up with the track of this bill, I set up a WestClip in CONG-BILLTX and BILLTRK using:

    “HR 822” (right-to-carry /10 reciprocity)). 

    That same query has generates over 230 hits in ALLNEWS:

    ("hr 822" (right-to-carry /10 reciprocity))

    For a full breakdown of the states’ laws regarding lawful carrying of a firearm, this search may be a good start: 

    TE,PR,CA(lawful! legal! permit /s carry! /s firearm pistol)

     I ran this in All States in WestlawNext and got 381 results.  You can also use ST-ANN-ALL on Westlaw.com. Alternatively, on WestlawNext, simply try

    conceal and cary firearm

    Then, choose statutes and filter by state. The Firearms Law Deskbook (FALDB ) may also be a helpful source on either  Westlaw.com or WestlawNext for a wide variety of issues related to firearms, including issues related to state and federal regulation. [Editor's Note: The Firearms Law Deskbook by Stephen P. Halbrook includes a great 50-state survey of gun laws in the appendix.  See FALDB APP A. The publication is current throught the 2011 updates.]]]>
    4570 2011-10-26 21:01:18 2011-10-27 02:01:18 open open full-faith-and-credit-for-carry-permits publish 0 0 post 0 topsy_short_url _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url _wp_jd_bitly _wp_jd_wp _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _jd_wp_twitter _wp_jd_url _wp_jd_target _encloseme _wp_jd_yourls _wp_jd_clig 24007 http://twitter.com/westlawrefatty/status/129377111961112576 2011-10-27 02:01:21 2011-10-27 07:01:21 New post: Full Faith and Credit for Carry Permits? http://t.co/XXBsYn8J]]> 1 trackback 0 0 24008 http://twitter.com/bagaar/status/129379219288494080 2011-10-27 02:09:44 2011-10-27 07:09:44 New post: Full Faith and Credit for Carry Permits? http://t.co/XXBsYn8J]]> 1 trackback 0 0 24009 http://westreferenceattorneys.com/2012/08/legislating-away-mass-murder/ 173.201.144.128 2012-08-07 16:35:26 2012-08-07 21:35:26 1 pingback 0 0
    Warrantless GPS Tracking – a Fourth Amendment Issue http://westreferenceatt.3fivelab.com/2011/11/warrantless-gps-tracking-a-fourth-amendment-issue/ Thu, 10 Nov 2011 22:58:12 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4574 US v. Jones.  The oral arguments are available at UNITED STATES, Petitioner, v. Antoine JONES. 2011 WL 5360051. The issue presented in the case is an interesting one regarding Fourth Amendment's protection against unreasonable searches: “Whether the warrantless use of a GPS tracking device on a vehicle to monitor its movements on public streets violates the Fourth Amendment.” See the Electronic Frontier Foundation’s (EFF) Amicus Brief: United States of America v. Jones, 2011 WL 4590838. You can retrieve the briefs filed in this case by going into the database SCT-BRIEF-ALL and running a search such as: da(2011) & GPS & TI(JONES). I have also set up a WestClip in the SCT database to be notified when the Supreme Court issues an opinion in this case. My search for this clip is: TI(JONES) & GPS.]]> 4574 2011-11-10 16:58:12 2011-11-10 22:58:12 open open warrantless-gps-tracking-a-fourth-amendment-issue publish 0 0 post 0 _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _encloseme 24010 http://twitter.com/westlawrefatty/status/134766851677884416 2011-11-10 22:58:15 2011-11-11 04:58:15 New post: Warrantless GPS Tracking – a Fourth Amendment Issue http://t.co/7nwn1h3N]]> 1 trackback 0 0 RefAtty Cases: Judgment Rendered, Appeal Filed - Rajaratnam http://westreferenceatt.3fivelab.com/2011/10/refatty-cases-judgment-rendered-appeal-filed-rajaratnam/ Fri, 28 Oct 2011 22:56:11 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4584 USA V. RAJARATNAM ET AL, 1:09-CR-01184. To follow up on any further developments in this case, click on “Track this Docket” once you are in the docket. An appeal to the United States Court of Appeals for the Circuit has been filed in the case. The Second Circuit of Appeals docket in this case is available on Westlaw in the DOCK-CTA2 database and you can find it by clicking on this link: CN(11-4416).]]> 4584 2011-10-28 17:56:11 2011-10-28 22:56:11 open open refatty-cases-judgment-rendered-appeal-filed-rajaratnam publish 0 0 post 0 _jd_tweet_this topsy_short_url _topsy_long_url _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _wp_old_slug topsy_short_url _encloseme _jd_twitter _topsy_long_url _wp_jd_clig 24011 http://twitter.com/westlawrefatty/status/130055292087050240 2011-10-28 22:56:12 2011-10-29 03:56:12 New post: RefAtty Cases: Judgment Rendered, Appeal Filed - Rajaratnam http://t.co/G2QnaAn4]]> 1 trackback 0 0 Happy Birthday DMCA (Watch Your Back, Safe Harbors) http://westreferenceatt.3fivelab.com/2011/10/happy-birthday-dmca-watch-your-back-safe-harbors-2/ Fri, 28 Oct 2011 22:55:55 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4596 105-304 became effective.  That makes the Digital Millenium Copyright Act (DMCA) about the same age as blogs, 3 years older than Grokster, 6 years older than Facebook, 7 years older than YouTube, and 8 years older than Twitter.  The DMCA provides - among other things - immunity to Online Service Providers (OSPs) who meet certain conditions outlinded under 512(c) of the Copyright Act.  OSPs who respond expeditiously to statutory take-down notices fall within the safe harbor.  So, when Judge Stanton determined YouTube met these burdens, he granted YouTube's summary judgment motion inViacom's billion-dollar lawsuit (718 F.Supp.2d 514). Now, however, two pending bills effectively provide content owners with an end-run around these safe harbors by creating an "expedited process for cracking down on rogue Internet sites by targeting the domain names associated with those sites through injunctive relief " S. REP. 112-39.  Stemming massive piracy from abroad is clearly a stated-target (er, pretext?) of these bills.  So is jobs. Search protect-ip and china jobs in USPOLTRANS.   But,  the Electronic Frontier Foundation called the Stop Online Priracy Act (2011 CONG US HR 3261 - WL link) and the PROTECT-IP Act (2011 CONG US S 968 - WL link), "the worst piece of IP legislation we’ve seen in the last decade..." Research References BLOGSOD: Your RSS feed, if you still use one, might serve the purpose of finding straight talk on a hot button issue like this one.  Even so, I  like the Blogs on Demand service where I might run simple full-text searches and alerts.  Simply try, sopa, for example in the BLOGSOD database. CR: Consumer groups are launching letter-writing campaigns.  Wondering whether your member of Congress stands for or against the legislation? It can be hard to tell.  But, additional co-sponsors are read into the Congressional Record.  Try this in the Congressional Record:

    CO-SPONSOR /10 H.R.-3261 S-968 /s [your member of Congress here]

    ]]>
    4596 2011-10-28 17:55:55 2011-10-28 22:55:55 open open happy-birthday-dmca-watch-your-back-safe-harbors-2 publish 0 0 post 0 _wp_jd_yourls _wp_jd_url _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter topsy_short_url _jd_tweet_this _topsy_long_url _wp_old_slug _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _encloseme topsy_short_url _topsy_long_url 24012 http://twitter.com/westlawrefatty/status/130055238043447297 2011-10-28 22:55:59 2011-10-29 03:55:59 New post: Happy Birthday DMCA (Watch Your Back, Safe Harbors) http://t.co/QG8BKgDP]]> 1 trackback 0 0
    You got a license to deliver that baby? http://westreferenceatt.3fivelab.com/2011/11/you-got-a-license-to-deliver-that-baby/ Fri, 04 Nov 2011 14:57:30 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4609 " ...two free-standing birth centers opened near my home within the past two years." Most pregnant women seek out a traditional, medical, model of care for their pregnancies and births, choosing a medical doctor or nurse as their provider and electing to birth in a hospital setting. But there has been a resurgence of women seeking out-of-hospital births, whether that be at a free-standing birth center or at home, often attended by what are known as direct-entry midwives, or sometimes, Certified Professional Midwives (C.P.M.). Recently, two free-standing birth centers opened near my home. Healthy, low-risk pregnant women hope out-of-hospital birth can help them avoid unnecessary interventions and encourage drug-free labor and delivery. State laws vary regarding the practice and licensure of midwives practicing outside of the hospital setting. On WestlawNext, click on “Secondary Sources” under  the “All Content” tab,  then “Law Reviews & Journals.” Run the following search within Law Reviews & Journals:

    (DIRECT-ENTRY) (“CERTIFIED PROFESSIONAL”) /S MIDWIFE MIDWIFERY

    I receive 28 results with that search. Browse the headings for articles discussing the legal issues surrounding direct-entry midwifery. Narrow these results to more recent articles, in the past 3 years, discussing home birth. In the box for “Search within Results” filter on the left, enter:

    HOME-BIRTH

    Then filter date for “Last 3 Years."  Apply filters to find 5 articles mentioning home birth within the last 3 years.]]>
    4609 2011-11-04 09:57:30 2011-11-04 14:57:30 open open you-got-a-license-to-deliver-that-baby publish 0 0 post 0 _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _jd_wp_twitter _jd_post_meta_fixed _wp_jd_url _wp_jd_target _wp_jd_yourls _topsy_long_url topsy_short_url _jd_tweet_this _wp_jd_clig _jd_twitter _wp_jd_bitly _wp_jd_wp _encloseme 24013 http://twitter.com/westlawrefatty/status/132471566352130049 2011-11-04 14:57:37 2011-11-04 19:57:37 New post: You got a license to deliver that baby? http://t.co/wCwe1eQt]]> 1 trackback 0 0
    Attention Deficit Hyperactivity Disorder and the Courts http://westreferenceatt.3fivelab.com/2011/11/attention-deficit-hyperactivity-disorder-and-the-courts/ Fri, 11 Nov 2011 02:06:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4641 “The Medicated Child”. It was a Frontline exposé on the over-medication of children for conditions such as Attention Deficit Hyperactivity Disorder (ADHD). According to the program, ADHD is one of many mental illnesses whose levels have steadily increased in children since the late '90s. The program focused on two of the more common drugs used to treat ADHD --  Ritalin and Adderall. Although many parents and doctors interviewed maintained that these drugs make it much easier to deal with children with ADHD, they all agreed that very unpleasant side effects, such as sleeplessness, anxiety and loss of appetite, can be presented. This rise in prescriptions also means an increase in litigation surrounding this issue. For example, several failure to warn cases have been instituted against Ciba-Geigy, the maker of Ritalin. In one of these cases, a child’s parents sued because they claimed that the manufacturer of the drug and the child’s physician failed to warn them that Ritalin could cause Tourette’s Syndrome. The court ruled that Ritalin was an “unavoidably unsafe product”, but the defendants would only be held to a negligence standard rather than a strict liability standard and found for the defendants Witherspoon v. Ciba-Geigy, 1986 WL 2138. Another case against Ciba-Geigy was a class action lawsuit claiming that the manufacturer failed to warn of certain side effects of Ritalin. Because the plaintiffs were not able to show that their children experienced any of these side effects, the case was dismissed for failure to state a claim Hernandez v. Ciba-Geigy 200 F.R.D. 285.   In addition to the product liability cases, ADHD medications have also come up in cases involving educational matters. These types of claims are usually based on section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA). One of the earlier cases, Valerie J. v. Derry Cooperative School District, 771 F.Supp. 483, involved an instance where a 12 year old boy's parents did not agree with the school's requirement that their son take Ritalin before being given a specialized educational plan called an “Individual Educational Plan” or IEP. The parents prevailed because the court ruled that a child could not be forced to take medication without parental consent. To get a better idea of the legal trends surrounding this topic, look at the following searches: WESTLAWNEXT

    Content: All State & Federal

    Search: ritalin or adderall and hyperactivity and children or adolescents

      WESTLAW

    Database: FILING-ALL,BRIEF-ALL,JV-ALL

    Search: RITALIN ADDERALL /p A.D.D. A.D.H.D. /p CHILD MINOR YOUTH INFANT ADOLESCENT TODDLER & side-effect

    Database: ALLCASES

    Search - RITALIN ADDERALL /100 A.D.H.D. "ATTENTION DEFICIT HYPERACTIVITY DISORDER" /150 CHILD MINOR YOUTH INFANT ADOLESCENT TODDLER % ti(commonwealth people u.s. "united states") sy,di(child-custody divorce)

     

     Database: TP-ALL

    Search: RITALIN ADDERALL /100 A.D.H.D. "attention deficit hyperactivity disorder" /150 CHILD MINOR YOUTH INFANT ADOLESCENT TODDLER

    ]]>
    4641 2011-11-10 20:06:44 2011-11-11 02:06:44 open open attention-deficit-hyperactivity-disorder-and-the-courts publish 0 0 post 0 topsy_short_url _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title _wp_old_slug _topsy_long_url _jd_twitter _topsy_long_url topsy_short_url _jd_tweet_this _edit_last _topsy_cache_timestamp _encloseme 24014 http://twitter.com/westlawrefatty/status/134814296059289600 2011-11-11 02:06:47 2011-11-11 08:06:47 New post: Attention Deficit Hyperactivity Disorder and the Courts http://t.co/cvYj78Sy]]> 1 trackback 0 0 24015 s.edd1940@hotmail.com 67.187.228.171 2012-02-26 00:36:13 2012-02-26 06:36:13 0 0 0
    Power of Attorney for Parental Authority http://westreferenceatt.3fivelab.com/2011/11/power-of-attorney-for-parental-authority/ Thu, 17 Nov 2011 23:32:51 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4631 powers of attorney for temporary delegation of parental authority.  Traditional legal solutions for empowering another person to care for one's children involve petitioning the court for guardianship or for out-of-home placement through social services.  Parents not willing to go to such extremes might simply place children in the care of a relative or other trusted person, but this may present problems if health care or educational decisions must be made on behalf of the child. Parents may have a variety of reasons for wishing to temporarily delegate parental authority.  A military parent may wish to execute such a power of attorney while on deployment.  Or a power of attorney may be used to manage the care of a child who is living away from home for school or while engaging in activities such as athletic training and competition.  Where a child is at risk, however, a parental power of attorney may not be used to avoid protective services.  And many parental powers cannot be delegated under the power of attorney provision, such as the parent's right to consent to marriage of a minor child, or to consent to military enrollment.  Neither can it be used to voluntarily place the child in foster care without the parent's consent. A number of states have similar parental power of attorney provisions in place, with some variation state to state.  For example, Ohio law provides for a Grandparent Power of Attorney (Ohio Rev. Code Ann. § 3109.52), specifying that the person caring for the child must be a grandparent, while the person delegating the authority can be a "parent, guardian, or custodian."  RESEARCH REFERENCES To look for similar laws in other jurisdictions, on WestlawNext try a search in statutes for parental power of attorney.  On Westlaw.com, try "power of attorney" /s parent child.  If you'd like to see a more comprehensive list, you can also check the 50 State Survey for Indemnification, Conservator, and Guardianship Issues (on Westlaw), which includes listings for delegation of parental powers where available.]]> 4631 2011-11-17 17:32:51 2011-11-17 23:32:51 open open power-of-attorney-for-parental-authority publish 0 0 post 0 _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly topsy_short_url _topsy_long_url _wp_old_slug topsy_short_url _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _topsy_long_url _slidedeck_slide_title _edit_last _topsy_cache_timestamp _encloseme _jd_post_meta_fixed 24016 2011-11-17 23:32:57 2011-11-18 05:32:57 ]]> 1 trackback 0 0 24017 http://twitter.com/urfamilylivin/status/137715224760426496 2011-11-19 02:14:02 2011-11-19 08:14:02 Power of Attorney for Parental Authority http://t.co/0wxbawrU]]> 1 trackback 0 0 24018 Grannybird808@gmail.com 50.123.250.227 2013-04-07 19:50:35 2013-04-08 00:50:35 1 0 0 24019 bess.hambleton@thomsonreuters.com 163.231.6.69 2013-04-08 15:25:59 2013-04-08 20:25:59 1 0 0 Occupy Wallstreet Trademark Searches http://westreferenceatt.3fivelab.com/2011/11/occupy-wallstreet-trademark-searches/ Wed, 16 Nov 2011 18:52:24 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4636 In recent weeks, the U.S. Patent and Trademark Office has received a spate of applications from enterprising merchandisers, lawyers and others seeking to win exclusive commercial rights to such phrases as “We are the 99 percent,” “Occupy” and “Occupy DC 2012.” Organizers of the protest centered in Manhattan’s Zuccotti Park went so far as to file for a trademark of “Occupy Wall Street” after several other applications connected to the demonstrations were filed with the U.S. Patent and Trademark Office. Wylie Stecklow, a lawyer representing the protesters, said the Oct. 24 filing was done to prevent profiteering from a movement many say is a protest of corporate greed. “I would like to ensure that this isn’t coopted for commercial purposes,” Stecklow said. “The trademark can be used for noncommercial purposes.” Stecklow’s application was one of three filed with the U.S. PTO seeking to trademark either “Occupy Wall Street” or “Occupy Wall St.” 2011 WLNR 22941622 All of these filings are available in the TRADEMARKSCAN - All (ALL-TM) database.  A search for all filings for Occupy to date this year yields 10 documents. You can also limit your search to US filings.  In FED-TM, try

    tm(!occupy! !ninety-nine-percent! !99%! !wall-street! !1%! !one-percent!)

    Note that with this search, we're using root expanders at the beginning of each term -- wouldn't want to miss the application for de-occupy.  View your result list as a sortable table and export the data to an Excel file .  This  should allow you to analyze the data.  Here, for example is a pie chart of the 2011 'Occupy' marks organized by international class: [caption id="attachment_4664" align="alignnone" width="300" caption="Click to Enlarge"][/caption] For purposes of this research, however, what's more interesting is who might be filing these applications and when they've been filed.  According to an article from American University Washington College of Law's Intellectual Property Brief, some second-comers might be 1-percenters.
    Fer-Eng Investments appears to be a shell corporation with the only officer named as “The Ferraro-Eng Family Trust.” The names provided on the address refer to Vincent Ferraro and Wee Nah Eng. Interestingly enough, Ferraro, a Stanford Business School grad, is the former Vice-President of Worldwide Marketing for Hewlett-Packard, where he met his wife Wee Nah Eng. Ferraro now serves as the Vice President and Chief Marketing Officer of Global Marketing for Eastman Kodak, and also appears to hold several consulting positions. Now, I don’t know what type of compensation Ferraro receives, but based on his title, position, and impressive (publicly accessible) Linkedin resume, I would be willing to give anyone 10:1 odds that the Ferraro-Eng household is bringing in enough to meet the $380K a year threshold for the “top 1%.”
    Coincidentally, there have also been 52 filings for "tea party" in ALLTM.]]>
    4636 2011-11-16 12:52:24 2011-11-16 18:52:24 open open occupy-wallstreet-trademark-searches publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme _wp_jd_bitly 24021 Turnner@hotmail.com http://Thanksfor 195.205.63.129 2011-11-21 21:12:55 2011-11-22 03:12:55 0 0 0 24020 http://twitter.com/westlawrefatty/status/136879334781759490 2011-11-16 18:52:31 2011-11-17 00:52:31 New post: Occupy Wallstreet Trademark Searches http://t.co/zzQP6C2W]]> 1 trackback 0 0
    Redistricting Roundup http://westreferenceatt.3fivelab.com/2011/11/redistricting-roundup/ Fri, 18 Nov 2011 19:49:41 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4661 28 C.F.R. Pt. 51, App.) This year, Texas did not receive preclearance from the Department of Justice for its newly adopted map, so it filed suit in the District of the District of Columbia seeking declaratory judgment that the new map did not abridge voting rights on the basis of race.  On Tuesday, a three judge panel denied Texas’s Motion for Summary Judgment, and noted that a second panel, in the Western District of Texas, will have to draw new maps for use next year.  The docket for the D.C. case can be found on WestlawNext at Docket Number 1:11-cv-01303; the order denying summary judgment can be found at Docket Entry No. 106. It’s not clear how long it will take to draw new maps, but when they are available, I expect them to be available on WestlawNext in W.D. Tex. Docket 5:11-cv-00360.  Meanwhile, in North Carolina, a set of maps that had already been pre-cleared had to be redrawn.  Apparently, a small mistake in a computer program used to aid the state’s redistricting efforts left half a million North Carolinians living outside of any legislative district.  For more on this, try the following search in North Carolina News in WestlawNext:

     advanced:(re-district! & 500,000 (half /3 million) glitch error) & DA(after 11-01-2011). 

    I retrieved 23 stories but that number is likely to go up over time.  While the North Carolina Legislature instituted a fix that ensures everyone in the state has representation, which should in theory be the end of this embarrassing episode, some opponents say that the change runs afoul of a North Carolina requirements that districts be drawn only once every ten years.  A search in the North Carolina Statutes for “Apportion! /s unalter!” returns the two provisions at issue.  A quick WestlawNext search across all dockets for “advanced:KNOS(110.50) & DA(after 01-01-2011)" reveals 148 voting rights cases filed since the beginning of this year, and more are likely to be filed in the coming weeks.  There’s no way of knowing which will end with a bang, and which with a whimper, but in every decade since the Voting Rights Act passed, at least one state’s maps have been debated in the U.S. Supreme Court.  ]]>
    4661 2011-11-18 13:49:41 2011-11-18 19:49:41 open open redistricting-roundup publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 24023 adam.lockhart@thomsonreuters.com 163.231.6.69 2012-02-09 11:13:12 2012-02-09 17:13:12 1 0 0 24022 http://twitter.com/westlawrefatty/status/137618512733679618 2011-11-18 19:49:44 2011-11-19 01:49:44 New post: Redistricting Roundup http://t.co/voeWpAyp]]> 1 trackback 0 0
    Efficient Breach - Not a Moral or Ethical Obligation http://westreferenceatt.3fivelab.com/2011/11/efficient-breach-not-a-moral-or-ethical-obligation/ Wed, 23 Nov 2011 16:42:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4675 here in the New York Times:
    At first, I dismissed the idea of a short sale. Late that summer, I sat down with a really close friend in Las Vegas, someone I looked up to. He cut to the heart of the matter right away: Why, he wanted to know, were we still making the payments? Because I have a moral obligation, I said. You pay your debts. He proceeded to explain that I didn’t have a moral obligation to the bank. I had a moral obligation to my family. I had a contractual obligation to the bank, along with a clear moral obligation to be honest in my dealings. What he was asking was this: Which is more important? Your contractual obligation to the bank or your obligation to your family to preserve your ability to make a living?
    His statement got me thinking of two separate issues – One, does the law impose a moral or ethical obligation for the continued performance of obligations under a contract or can we breach them intentionally without incurring punitive liability? Second, and perhaps an even more interesting question for attorneys:  does a corporate attorney or in-house counsel, given that a corporation’s underlying goal is maximizing shareholder value, have an affirmative ethical obligation to advise his/her corporate clients to intentionally breach a contract when it is economically advantageous for the corporation to breach and pay damages rather than continue performance under the contract? MORAL OBLIGATIONS In general (of course there are always exceptions) not only is it okay to intentionally breach agreements, but our legal tradition encourages this behavior under the well accepted doctrine of “Efficient Breach”. Under this principle, per Blacks’ Law Dictionary, the efficient breach theory provides, “[t]he view that a party should be allowed to breach a contract and pay damages, if doing so would be more economically efficient than performing under the contract.” I ran a search in the ALLCASES database:

    INTENTIONAL! WILLFUL! +2 BREACH! /5 CONTRACT! AGREEMENT /P BAD-FAITH GOOD-FAITH /P MORAL! ETHICAL!

    In a Western District of New York case, the Court stated that:
    “mortgagor could not recover punitive damages for breach of contract under New York law absent proof of public wrong, moral turpitude or wanton dishonesty…” See, Katz v. Dime Sav. Bank, FSB, 992 F.Supp. 250 (W.D.N.Y., 1997). Another Court in New York held that, “Courts have consistently held punitive damages to be unavailable where the nature of the conduct amounted to nothing more than willful breach of contract, bad faith or simple negligence.” See, Aniero Concrete Co., Inc. v. New York City Const. Authority, 2000 WL 863208, 30 (S.D.N.Y.,2000).
    Another California Court elaborating on policy considerations stated:
    “The traditional goal of contract remedies is compensation of the promisee for the loss resulting from the breach, not compulsion of the promisor to perform his promises. Therefore, ‘willful’ breaches have not been distinguished from other breaches … The restrictions on contract remedies serve purposes not found in tort law. They protect the parties' freedom to bargain over special risks and they promote contract formation by limiting liability to the value of the promise. This encourages efficient breaches, resulting in increased production of goods and services at lower cost to society … Because of these overriding policy considerations, the California Supreme Court has proceeded with caution in carving out exceptions to the traditional contract remedy restrictions.” See, Freeman & Mills, Inc. v. Belcher Oil Co.11 Cal.4th 85, 98, 900 P.2d 669, 676-677, 44 Cal.Rptr.2d 420, 427 - 428 (Cal.,1995).
    Another California Court, citing to an article, stated that:
    “One commentator, in lamenting the rather unpersuasive rationales offered by courts, noted that “the unexplained judicial reluctance to impose tort liability upon those who, in bad faith, breach contractual obligations is not only understandable but reflects a perceived awareness of, and faithfulness to, one of the most poorly kept secrets in legal history: Bad faith breach of contract, if defined as an intentional breach motivated by crass economic self-interest, has been, despite a clamoring of moral credos to the contrary, a judicially accepted staple of our system of commercial law.... [A] close scrutiny of commercial law doctrine, and the briefest scrutiny of commercial practice, makes it transparently clear that our system not only sanctions such bad faith breaches, but, with limitations, actually encourages them.... The social policy begins with a recognition that if breaches are too harshly sanctioned, there will be deterrence not only of breach but of the execution of contracts. Therefore, damages must not be so oppressive as to discourage the formation of binding commercial agreements. But far more important is an awareness that intentional breaches of contract often promote the economic efficiency of society. To the extent the promisor's pecuniary gains from breach exceed the promisee's pecuniary injuries, the costs of production have been reduced. Were legal liability to exceed the promisee's pecuniary injuries, an efficient reallocation of resources would be discouraged at societal expense.” (Diamond, The Tort of Bad Faith Breach of Contract: When, If at All, Should It Be Extended Beyond Insurance Transactions? (1981) 64 Marq.L.Rev. 425, 433, 436–437, fns. omitted.)” See, Rogoff v. Grabowski200 Cal.App.3d 624, 629, 246 Cal.Rptr. 185, 188 (Cal.App. 2 Dist.,1988).
    I also ran a search in the ALLCASES database for efficient breach casaes: EFFICIENT /3 BREACH. Looking through some of these cases, it appears that the principle of “Efficient Breach” is well recognized in our legal system and we as a society are indeed okay with intentional breaches of agreements even if they are simply for no reason other than financial benefit to the breaching party. In pure economic terms, “If the net gain to the breacher exceeds the loss to the non-breaching party, the result is efficient, because the world is wealthier.” CONTRACTS-HB § 14.36. But then, what about the tortuous interference with a contract cause of action? A Utah Court framed the issue well by stating:
    “We are persuaded by the efficient breach arguments discussed above. When an efficient breach occurs, a breaching party may retain its profits in excess of a plaintiff's losses as long as the plaintiff is made whole. As was stated in Lake River Corp. v. Carborundum Co., 769 F.2d 1284, 1289 (7th Cir.1985), such a standard is beneficial to both parties because the nonbreaching party receives what it bargained for and the breaching party is able to retain its profits made through its more efficient business practices. In the realm of tortious interference with contract or economic relations, “[i]t would be inconsistent to require the party inducing the breach to disgorge its excess profits while permitting the breaching party to retain its excess profits.” Marcus, Stowell & Beye Gov't Secs., 797 F.2d at 232.” TruGreen Companies, L.L.C. v. Mower Brothers, Inc. 199 P.3d 929, 935 (Utah,2008)
    DUTY to BREACH So, do corporate attorneys, general-counsels and other attorneys representing corporations have an affirmative duty to advise their corporate clients based on the doctrine of efficient breach to affirmatively breach contracts? The available materials were scant.  But, I did uncover the following: A recent Delaware Court stated, “corporation’s purpose is to maximize the value of the company's shares, subject to the constraint that the corporation must meet all its legal obligations…” See, In re Massey Energy Co., 2011 WL 2176479, 20 (Del.Ch.) (Del.Ch.,2011). Given this fundamental purpose for a corporation’s existence, do attorneys have an affirmative duty to advocate efficient breaches of contracts when representing corporate clients? “An attorney has an obligation to act in his or her client's best interests. It is possible to imagine situations where breaching a settlement may be in the client's best interests, as when the breach is efficient.” See, Kusters, Civil Liability for Attorneys to Adverse Parties when a Settlement Agreement is Breached in California, 56 Hastings L.J. 1277, 1293 (2005). In another article, the author wrote that, “[t]he court viewed the defense lawyers' decision to conceal the medical report not as a violation of legal duty to an opposing party, but rather as a tactical or strategic move similar to advising a client in a particular situation concerning “efficient breach”--that breaking a contract in a particular situation would be less costly than performing.” See Camton and Knowles, Professional Secrecy and its Exceptions: Spaulding v. Zimmerman Revisited, 83 Minn. L. Rev. 63, 75 (1998).]]>
    4675 2011-11-23 10:42:44 2011-11-23 16:42:44 open open efficient-breach-not-a-moral-or-ethical-obligation publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _encloseme 24032 Termilus19148@yahoo.com http://seopledge 205.164.13.212 2012-11-30 16:14:36 2012-11-30 22:14:36 0 0 0 24027 Eadie@yahoo.com http://foodpoisoningremedieso.info 182.50.64.81 2012-01-04 14:25:08 2012-01-04 20:25:08 0 0 0 24025 http://twitter.com/attorneysqcly/status/140329241903501312 2011-11-26 07:21:13 2011-11-26 13:21:13 Efficient Breach – Not a Moral or Ethical ... - West Reference Attorneys http://t.co/sZSMHYHw]]> 1 trackback 0 0 24026 Kroese2127@yahoo.com http://problems-gordon-ramsay-comes-back/ 211.5.108.98 2011-12-19 04:16:07 2011-12-19 10:16:07 0 0 0 24031 292131Sarnoff@4you.de http://dawidominos 187.103.28.146 2012-06-06 03:54:58 2012-06-06 08:54:58 0 0 0 24030 Cotto@yahoo.com http://cankersoreontongue.info 182.50.64.93 2012-01-04 14:32:41 2012-01-04 20:32:41 0 0 0 24029 Creegan@yahoo.com http://medicaltechnologistsalaryo.info 182.50.64.81 2012-01-04 14:30:29 2012-01-04 20:30:29 0 0 0 24028 Merrills@yahoo.com http://painonleftsideofstomach.info 182.50.64.78 2012-01-04 14:29:26 2012-01-04 20:29:26 0 0 0 24024 http://twitter.com/westlawrefatty/status/139383411533021184 2011-11-23 16:42:49 2011-11-23 22:42:49 New post: Efficient Breach - Not a Moral or Ethical Obligation http://t.co/lYc49LpL]]> 1 trackback 0 0
    Liability on the frozen road http://westreferenceatt.3fivelab.com/2011/12/liability-on-the-frozen-road/ Tue, 06 Dec 2011 22:13:45 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4691 The Minnesota State Patrol reported 200 crashes on highways statewide between noon and 2:45 p.m. Saturday. There were 25 injury accidents, but no serious injuries or fatalities.

    2011 WLNR 24077968

    I ran a few quick searches on WestlawNext, and at least based on the appellate case, it looks like you may be more likely to see a ticket for reckless or careless driving that for something more mundane like failure to yield or stop. I ran both of the following queries in Minnesota and related Federal materials.

    negligen! careless reckless /5 driv! operat! /p slick slippery icy wet snow! /5 road street pavement highway freeway ramp intersection

    fail! /10 stop yield /p slick slippery icy wet snow! /5 road street pavement highway freeway ramp intersection

    The first result brings me back 69 cases.  The second, only 11. Interestingly, though, "evidence of skidding on a slippery road, standing alone, is not enough to establish negligence."  Svercl v. Jamison, 252 Minn. 8, 9, 88 N.W.2d 839, 841 (1958).  The court went on to explain:
    To hold otherwise would be to apply the doctrine of res ipsa loquitur in a class of cases where it obviously does not belong. However, in many of the cases of this type, the manner of driving prior to skidding and the control of the car both before and after skidding present a situation where an inference of negligence is permissible. Here, defendant was aware of the fact that there were icy spots on the road and in particular around these curves. He had encountered such ice on the trip to Grand Rapids. He found ice on the curves that he previously had been able to negotiate.
    The court concluded:
    While evidence of skidding alone is not enough to establish negligence, evidence of speed, the care exercised in controlling the car, knowledge of existing dangerous conditions, and the failure to futher reduce speed under these conditions usually present facts from which a jury can justifiably draw an inference that defendant failed to exercise that degree of care required of him under the existing circumstances. In this case, we cannot say as a matter of law that defendant, having knowledge of the icy conditions then existing, should not have anticipated that he would be likely to slide off the road if he failed to further reduce his speed.
    Id. So it turns out that a slippery road may be enough to relieve liability, but the facts are going to have to break your way. In fact, you may be better off facing reckless or careless driving because, according to Riley v. Lake, 1972, 295 Minn. 43, 203 N.W.2d 331, failure to yield the right-of-way is prima facie evidence of negligence under Minn. Stat. 169.96. But in any event, you're probably best off slowing down when the flakes start to fly.]]>
    4691 2011-12-06 16:13:45 2011-12-06 22:13:45 open open liability-on-the-frozen-road publish 0 0 post 0 _wp_old_slug topsy_short_url _topsy_long_url _edit_last _jd_post_meta_fixed _topsy_long_url topsy_short_url _slidedeck_slide_title _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _encloseme _jd_wp_twitter _wp_jd_target _topsy_cache_timestamp 24034 http://twitter.com/burgerlibrary/status/144476471363252226 2011-12-07 18:00:49 2011-12-08 00:00:49 Liability on the frozen road | West Reference Attorneys http://t.co/gut8wlMU]]> 1 trackback 0 0 24035 Ivan_Arlt@gmail.com http://www.aaautoinsurance.org 184.107.108.86 2012-03-24 03:28:23 2012-03-24 08:28:23 0 0 0 24033 http://twitter.com/westlawrefatty/status/144177767154597888 2011-12-06 22:13:53 2011-12-07 04:13:53 New post: Liability on the frozen road http://t.co/jnLzWMki]]> 1 trackback 0 0
    Climate Change: End of Kyoto? http://westreferenceatt.3fivelab.com/2011/12/climate-change-end-of-kyoto/ Fri, 02 Dec 2011 17:06:55 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4697 United Nations Framework Convention on Climate Change (UNFCCC) in Durban, South Africa.  Delegates are gathered from around the globe to negotiate various climate change issues, including the looming expiration of the first commitment period of the Kyoto Protocol.  A summary and the full text of the protocol can be found at 1998 WL 119702. Under the original agreement, Annex I parties, or “developed” countries, made a commitment to reduce their greenhouse gas emissions between the years 2008 and 2012.  Signatories identified as “developing” nations, such as China, Indonesia, India and Mexico, were exempt from the protocol’s binding commitments to reduce greenhouse gas emissions, but had the opportunity to voluntarily reduce emissions in exchange for credits that could be sold to other countries to off-set their non-compliance.  The goal was to reduce overall global greenhouse gas emissions by 5% by the end of 2012. According to then President Clinton, the United States has never ratified the protocol, because “the United States will not assume binding obligations unless key developing nations meaningfully participate in this effort.” 143 Cong. Rec. S11019-02, 1997 WL 660180 .  You can find Presidential statements like this by searching materials like the Congressional Record (CR), Presidential documents (PRES) or the Executive Orders on Westlaw or WestlawNext. Also check out Daily Presidential Documents (PRES-DAILY) - for documents released by the White House Office of Communications. Original Annex I parties such as Canada, Japan, and Russia have already announced their unwillingness to sign-on for a second commitment period.  So what does that mean for the future of Kyoto if the world’s highest producers of greenhouse gases are not subject to the treaty? Some would argue that it makes a second commitment period largely meaningless.  Others would say that countries that have been doing their part, signatories and non-signatories alike, will carry on without a second commitment.  The EU is strongly encouraging a second commitment, but wants stronger reductions and mandatory participation across the board. Other References: Want to be alerted on new developments?  Set up an alert on Westlaw.com

    Database: RALLNEWSPLUS

    Suggested Search: "kyoto protocol" & renew! exten! second /5 commitment

    Also, UK news outlets like The Guardian provide frequent updates on Conference developments. On WestlawNext, run the following plain language search in News:

    second commitment period for +"kyoto protocol" and sort by date. Note that the plus symbol ensures the phrase "kyoto protocol" will be included in your results.

    You can also follow all of the action on the UNFCC’s website.]]>
    4697 2011-12-02 11:06:55 2011-12-02 17:06:55 open open climate-change-end-of-kyoto publish 0 0 post 0 _topsy_long_url topsy_short_url _wp_jd_clig _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _edit_last _jd_twitter _jd_tweet_this _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 24036 http://twitter.com/westlawrefatty/status/142650985494482945 2011-12-02 17:06:59 2011-12-02 23:06:59 New post: Climate Change: End of Kyoto? http://t.co/1GrUXZaZ]]> 1 trackback 0 0
    Finding the 'maverick' in Maveric Judge http://westreferenceatt.3fivelab.com/2011/12/finding-the-maverick-in-maveric-judge/ Thu, 22 Dec 2011 20:53:09 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4714 Judge Rakoff Rejects CitiGroup SEC Settlement On November 28 2011, Judge Rakoff of the Southern District of New York, rejected a $285M settlement between Citigroup Global Markets, Inc. (Citigroup) and the Securities and Exchange Commission (SEC). This order intrigued me because of the strong sentiment expressed by Judge Rakoff in no uncertain terms. This order is available on Westlaw at 1:11CV07387 in the DOCK-NY-SDCT database.  The SEC has filed a notice of appeal from this order to the United States Court of Appeals for the Second Circuit. See below for more background on this case. SEARCHING FOR MAVERICK Judge Rakoff has often been referred to as a Maverick Justice (See rakoff /10 maverick in ALLNEWSPLUS for several such reference).  Does Judge Rakoff deserve this reputation?  To find out, I went into the database PROFILER-WLD and in the name field typed in Rakoff and selected New York in the state selector drop down. Once you click into the link for Judge Rakoff, you will notice that there are multiple Profiler References on the left side followed by various types of reports.   Judicial Reversal Reports: A Judicial Reversal Report analyzes a judge's appellate record. When the subject of the report is a trial court judge, the report analyzes the judge's record of reversals, affirmances, and other dispositions on appeal. When the subject of the report is an appellate judge, the report analyzes the judge's record in deciding cases appealed from lower courts and the judge's own record on appeal. Given the Judge’s maverick reputation, I was most interested in the Judicial Reversal Reports and found that over two-thirds of Judge Rakoff’s opinions appear to have been affirmed on appeal.   Judicial Motion Reports: A Judicial Motion Report analyzes a judge's motion history. Judicial Motion Reports are useful to learn about a judge's record in disposing of motions. This information is helpful to plan case strategy and make more informed decisions. It can also help with managing client expectations. Reports can be sorted by motion type: [caption id="attachment_4809" align="aligncenter" width="300" caption="Sort by Motion Type"][/caption] Or, sort by any other number of criterion including time before deciding on motion, role of the filing party, and result of motions:

    [caption id="attachment_4810" align="aligncenter" width="300" caption="Result of Motions"][/caption] To determine whether one might properly lable Judge Rakoff, a 'maverick,' compare these reports with reports for other Southern District of New York Judges found in Profiler:

    OTHER AVAILABLE REPORTS Litigation History Reports: Litigation History Reports for judges may include the following sections:
    • Caseload shows the total number of litigated cases in which the judge has participated, based on docketed cases and case law.
    • Case Types displays dockets and opinions by practice area.
    • Parties lists the names of each party in the cases over which a judge has presided.
    • Industries identifies industries associated with the companies that are parties to litigation. Click an industry to filter the report on that industry.
    • Law Firms lists law firms involved in the cases over which a judge has presided.
    • Attorneys displays the attorneys of record in proceedings before a judge. Click an attorney's name to filter the report on that attorney.
    Expert Challenge Report: Another type of report that is available is an Expert Challenge report which tracks challenges to an expert witness testimony. It provides the names and citations of cases in which the expert’s testimony was challenged; the result of the challenge; whether the expert was retained by the plaintiff or the defendant; the attorney for the party for whom the expert testified; the type of case; the jurisdiction; the judge who heard the expert’s testimony; and links to court documents relating to the expert’s testimony. Expert Challenge reports are available for both experts and judges. Profiler References: Westlaw Profiler provides a direct link between a case, a jury verdict or settlement summary, or an article you are viewing and profiles of the attorneys, judges, and expert witnesses who appeared in the case or authored the article.   BACKGROUND On October 19 2011, the SEC filed a suit accusing Citigroup of securities fraud. Simultaneously, Citigroup presented the Court a consent judgment whish stated that Citigroup consents to the entry of the Consent Judgment without admitting or denying the allegations of the complaint. The Court did not approve the Consent Judgment stating that, “it cannot approve it, because the Court has not been provided with any proven or admitted facts upon which to exercise even a modest degree of independent judgment.” See the Court order dated November 28, 2011 in the above linked docket. Court further expressed its disapproval of being used as a mere rubber stamping tool and stated that, “it is clear that before a court may employ its injunctive and contempt powers in support of an administrative settlement, it is required, even after giving substantial deference to the views of the administrative agency, to be satisfied that it is not being used as a tool to enforce an agreement that is unfair, unreasonable, inadequate, or in contravention of the public interest.” The Court further stated that, “[a]pplying these standards to the case in hand, the Court concludes, regretfully, that the proposed Consent Judgment is neither fair, nor reasonable, nor adequate, nor in the public interest… when a public agency asks a court to become its partner in enforcement by imposing wide-ranging injunctive remedies on a defendant, enforced by the formidable judicial power of contempt, the court, and the public, need some knowledge of what the underlying facts are: for otherwise, the court becomes a mere handmaiden to a settlement privately negotiated on the basis of unknown facts, while the public is deprived of ever knowing the truth in a matter of obvious public importance.”  Judge Rakoff went on to say that, “[a]n application of judicial power that does not rest on facts is worse than mindless, it is inherently dangerous. The injunctive power of the judiciary is not a free roving remedy to be invoked at the whim of a regulatory agency, even with the consent of the regulated.” I could go on quoting from Judge Rakoff’s opinion, each and every sentence in the opinion expresses the Court’s dissatisfaction with the process of such settlements and consent judgments. An opinion, in my opinion, certainly worth a read! In the last paragraph of the opinion, Judge Rakoff stated that, “[a]ccordingly, the Court refuses to approve the proposed Consent Judgment…and directs the parties to be ready to try this case on July 16, 2012.” In an attempt to defend itself, the SEC Enforcement Director Robert Khuzami said in a statement that, “Judge Jed Rakoff made too much in a ruling Monday out of the fact that Citigroup was not required to admit any wrongful conduct in the deal… forcing Citigroup to give up its profits and the imposition of financial penalties and mandatory business reforms outweigh the absence of an admission.” See, 11/29/11 APLALERTNY 02:00:05. Following Judge Rakoff’s opinion, SEC Chairperson Mary Shapiro “sent a letter to a senator asking for Congress to expand the agency's authority to fine companies and individuals. She is seeking to raise the limits on fines under current law and make other changes.” See 11/29/11 APALERTLEGAL 03:47:50. Given the current economic times, the global financial melt downs, the Wall Street Protests and now judicial expression of discontent on behalf of the public, it will be interesting to see how the legal processes and regulations alter and adapt to alleviate the current levels of dissatisfaction with the financial industry and its regulation.]]>
    4714 2011-12-22 14:53:09 2011-12-22 20:53:09 open open finding-the-maverick-in-maveric-judge publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _encloseme _wp_old_slug _topsy_long_url 24037 SassoneBallengee590@googlemail.com http://woodprofitsreview.info 84.229.212.37 2012-02-20 16:49:32 2012-02-20 22:49:32 0 0 0
    Pearl Harbor Remembered http://westreferenceatt.3fivelab.com/2011/12/pearl-harbor-remembered/ Thu, 08 Dec 2011 18:07:35 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4718 See 36 USCA 170301 - 170313. As this is the 70th Anniversary of the attack, the ranks those who were there and experienced the events that day firsthand have begun to dwindle precipitously.
    A fraction of the 84,000 U.S. service members who were at Pearl Harbor are alive today to bear witness. The Pearl Harbor Survivors Association counts 2,700 members, a number that grows smaller by the week. The November issue of the association's quarterly newsletter, the Pearl Harbor-Gram, pays tribute to 44 members who've died. And the national president delivers the painful and "inevitable" news: The Pearl Harbor Survivors Association will be dissolved Dec. 31. 
    2011 WLNR 25312907 Westlaw actually offers an interesting collection of materials related to the Pearl Harbor attack, including legislation passed in response, secondary sources, and even cases.  To see a good sampling, I ran the following search on WestlawNext in the All Federal jurisdiction: adv:"pearl harbor" /s attack You can view a PDF version of the actual Declaration of War at 55 Stat. 795.]]>
    4718 2011-12-08 12:07:35 2011-12-08 18:07:35 open open pearl-harbor-remembered publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _encloseme 24038 http://twitter.com/westlawrefatty/status/144840587584094209 2011-12-08 18:07:41 2011-12-09 00:07:41 New post: Pearl Harbor Remembered http://t.co/hHbRPGKv]]> 1 trackback 0 0
    SUPREME COURT BLOTTER/SHUFFLE http://westreferenceatt.3fivelab.com/2011/12/supreme-court-blottershuffle/ Tue, 13 Dec 2011 16:38:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4742 Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, No.10-844 The Caraco case was argued last Monday, December 5th (trascript available at 2011 WL 6020517). In this case the court must consider whether a generic manufacturer can bring a counterclaim against a pioneer manufacturer under the Hatch-Waxman Act (Drug Price Competition and Patent Term Restoration Act of 1984).
    In Caraco, “[T]he Court of Appeals for the Federal Circuit held that the Hatch-Waxman Act allowed a prospective manufacturer of a generic version of a drug to bring a counterclaim against a patentee, in a Paragraph IV patent infringement action triggered by the generic manufacturer's abbreviated new drug application (ANDA), only if the drug patent did not claim any approved methods of using the listed drug, and thus, a counterclaim was not available on the ground that the drug patent did not claim all approved methods of using the drug.” 176 Intellectual Property Counselor 5
    The question presented in Caraco’s petition for certiorari was:
    “Whether this counterclaim provision applies where (1) there is “an approved method of using the drug” that “the patent does not claim,” and (2) the brand submits “patent information” to the FDA that misstates the patent's scope, requiring “correct[ion].”” (You can find the Petition for Writ of Cert at this citation 2010 WL 5399206)
    The counterclaim provision referred to above can be found at 21 U.S.C. § 355(j)(5)(C)(ii)(I) Also remember,  the patent in suit is available from the KeyCite History links: Research Trail:

    COUNTER-CLAIM /P PATENT! /P DRUG & CARACO in Intellectual Property - Law Reviews, Texts & Bar Journals (IP-TP) database on Westlaw or in All Intellectual Property Secondary Sources in WestlawNext

    Mayo Collaborative Services v. Prometheus Laboratories, Inc., No. 10-1150 The Prometheus case was argued last Wednesday, December 7th (transcript available at 2011 WL 6077582). In this case the patent covered a method of determining the proper dosage of thiopurine, a drug used to treat gastrointestinal and autoimmune diseases. The Supreme Court vacated and remanded the Federal Circuit’s prior decision (581 F.3d 1336) for further review in light of Bilski v. Kapppos, 130 S.Ct. 3218 (2010). On remand from the Supreme Court, the Federal Circuit held that this claimed method was patent eligible. 628 F.3d 1347. In the Bilski case, the Supreme Court held that the court is not limited to the machine-or-transformation test as the only test for determining whether a process is patent eligible. This test provides that a claimed invention is not patentable it if is not tied to a machine and does not transform an article. The Supreme Court held that, while the machine-or-transformation test can be a useful tool for determining whether or not a process is patent eligible, this test is not the only means available for making this determination. The Petition for Writ of Cert is available at this citation 2011 WL 992001 Research Trail:

    PROMETHEUS /P METHOD PROCESS /10 PATENT! in in Intellectual Property - Law Reviews, Texts & Bar Journals (IP-TP) database on Westlaw or in All Intellectual Property Secondary Sources in WestlawNext

    Lastly, you might want to be alerted when these 2 cases are decided. We have yet to outline the steps for setting up a Westclip in this blog. So, here they are: In Westlaw, click on the Alert Center link the upper right corner of the screen. In WestlawNext, from the homepage click the Tools tab and then click on the Alert Center link. Follow these steps:
    1. Where it says WestClip follow the blue line to the right of the screen and click on Create.
    2. Name your clip in the “Name of clip” box
    3. Type in your Client ID (if you don’t have one just type in anything you wish, I use my initials).
    4. In the Database box type SCT
    5. In the Query box type TI(CARACO) or TI(PROMETHEUS) depending on which one you want this clip to grab.
    6. Now click the Edit link to the right of Delivery Settings
    7. Select the frequency with which you would like the WestClip to check for new cases
    8. Select E-mail for Destination and click the Properties button to input the correct email
    9. I recommend List of All Citations as your Result Format
    10. To the right of “No older than” make sure the number is 0 is in the Days box
    11. Uncheck the “Inform me of no results” box to avoid getting an email everyday telling you the opinion is not out yet.
    12. Click Save
    13. This will bring you back to the page where we named the clip, click Save again.
    14. Now you can see your clip listed under WestClip in your Alert Center.
    ]]>
    4742 2011-12-13 10:38:56 2011-12-13 16:38:56 open open supreme-court-blottershuffle publish 0 0 post 0 _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _encloseme 24039 http://twitter.com/westlawrefatty/status/146630220374474752 2011-12-13 16:39:03 2011-12-13 22:39:03 New post: SUPREME COURT BLOTTER/SHUFFLE http://t.co/C0IfuRUi]]> 1 trackback 0 0
    NTSB Documents http://westreferenceatt.3fivelab.com/2011/12/ntsb-documents/ Wed, 14 Dec 2011 23:10:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4760
  • The annoucement can be found on Westlaw at 2011 WL 6165016
  •  The announcement notes that he NTSB's full report will be available on the website in several weeks. You can also access accident investigation reports here  though the Gray Summit accident referenced in the announcement does not appear to be hyperlinked.
  • The Virginia Tech report cited in the document appears here.
  • Other Westlaw content includes National Transportation Safety Board Documents (NTSBDOCS).  The NTSB decisions database (FTRAN-NTSB) inlcudes aviation and marine cases only.
  • ]]>
    4760 2011-12-14 17:10:06 2011-12-14 23:10:06 open open ntsb-documents publish 0 0 post 0 _topsy_cache_timestamp topsy_short_url _wp_old_slug _topsy_long_url _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target topsy_short_url _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _topsy_long_url _encloseme 24040 http://twitter.com/westlawrefatty/status/147091049209274368 2011-12-14 23:10:13 2011-12-15 05:10:13 New post: NTSB Documents http://t.co/fZp9dODd]]> 1 trackback 0 0
    New Tip Sheet: Statute of Limitation Research Strategies http://westreferenceatt.3fivelab.com/2011/12/new-tip-sheet-statute-of-limitation-research-strategies/ Wed, 21 Dec 2011 22:48:39 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4779 Statutes of Limitation Research Strategies (pdf):
    The first point that can cause hours of frustration is that, while there may be some exceptions, codified statutes will rarely refer to a Statute of Limitations in a chapter heading, a title, or a statute caption. More commonly, the relevant statutes will be grouped under headings like Limitation of Action, Time for Filing of Action, or even Proscription of Action. In New York, the relevant statutes are in the Civil Practice Law and Rules in an article entitled Limitations of Time. In California, they come under the Code of Civil Procedure in a title called Of the Time of Commencing Civil Actions. In these circumstances, browsing the Table of Contents may prove to be more of a hindrance than a help.
    Upcoming documents will cover pre-trial discovery disputes, prior art challenges, and elements of uncommon actions.  Of course, we welcome your input.  If there's a topic you'd like covered, let us know.]]>
    4779 2011-12-21 16:48:39 2011-12-21 22:48:39 open open new-tip-sheet-statute-of-limitation-research-strategies publish 0 0 post 0 _slidedeck_slide_title _edit_last _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _wp_jd_bitly _wp_jd_wp _wp_jd_yourls topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _topsy_long_url _wp_jd_url _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 24041 690Cavallo@hotmail.com http://www.buyteragoldus.com 187.49.114.6 2012-01-05 01:28:36 2012-01-05 07:28:36 buy Tera gold]]> 0 0 0
    New AIA Resources on Thomson Reuters LinkedIn Group http://westreferenceatt.3fivelab.com/2011/12/new-aia-resources-on-thomson-reuters-linkedin-group/ Fri, 23 Dec 2011 13:09:17 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4819 America Invents Act resources (free and paid-for) is being collected at a LinkedIn Group sponsored by Thomson Reuters.  They include BitLaw's red-lined version of Title 35, a Husch Blackwell slide presentation, LegalEdCenter CLEs, and many others.  Several of these resources - and access to the LinkedIn group - can also be found at Thomson Reuter's new America Invents site.]]> 4819 2011-12-23 07:09:17 2011-12-23 13:09:17 open open new-aia-resources-on-thomson-reuters-linkedin-group publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _topsy_cache_timestamp _edit_last _slidedeck_slide_title _topsy_long_url _encloseme topsy_short_url 24042 http://twitter.com/westlawrefatty/status/150201403850244096 2011-12-23 13:09:39 2011-12-23 19:09:39 New post: New AIA Resources on Thomson Reuters LinkedIn Group http://t.co/e7gqkJ6C]]> 1 trackback 0 0 24043 http://twitter.com/jrstratford/status/150251411668606976 2011-12-23 16:28:22 2011-12-23 22:28:22 New AIA Resources on Thomson Reuters LinkedIn Group http://t.co/PRMHELpE #LinkedIn]]> 1 trackback 0 0 24044 http://twitter.com/wendimooreagncy/status/150398031789965312 2011-12-24 02:10:59 2011-12-24 08:10:59 New AIA Resources on Thomson Reuters LinkedIn Group http://t.co/5urrMDXt]]> 1 trackback 0 0 Christmas Searches http://westreferenceatt.3fivelab.com/2011/12/christmas-searches/ Sat, 24 Dec 2011 13:11:28 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4826 Patents:

    U.S. Patent Applications, Granted Patents, and Patent Assignments Combined (US-PAT-COMB and US-PATPRE76): 20,943.

    I used Thomson Innovation to Cluster roughly 1800 US granted patents and patent  applications where 'christmas' appeared in the title. Christmas tree stands and 'holders' dominate the category.  Light bulbs, lamps,  sockets and strings also make a strong showing.

    Top US Classes: I also used Thomson Innovation to chart the Top 5 US Classes:

    Grey Blue: 0470405 - Tree Trunk Supporting Base With Liquid Reservoir

    Yellow: D111301 - Christmas Tree Stand

    Red: 248524 - Plural means, vertically spaced

    Lt Blue-Green: D11118

    Purple: 362123

    Other:

    All State and Federal Cases (ALLCASES): 46,255

    State and Federal Court Dockets (DOCK-ALL): 20,519

    All State and Federal Court Filings and Briefs (BRIEF-ALL, FILING-ALL): 57,000

    ]]>
    4826 2011-12-24 07:11:28 2011-12-24 13:11:28 open open christmas-searches publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _wp_jd_bitly _jd_twitter _wp_jd_clig _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp 24045 http://twitter.com/westlawrefatty/status/150565227862310912 2011-12-24 13:15:22 2011-12-24 19:15:22 New post: Christmas Searches http://t.co/M1Tp53zz]]> 1 trackback 0 0
    Researching a classic hypo on WLN: Who gets the bling? http://westreferenceatt.3fivelab.com/2011/12/researching-a-classic-hypo-on-wln-who-gets-the-bling/ Thu, 29 Dec 2011 21:50:25 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4849 ownership of engagement ring

    We get some promising looking results in the case law, but Related Documents includes an ALR article titled,  Rights in respect of engagement and courtship presents when marriage does not ensue, 44 A.L.R.5th 1 . So it looks like we have a good start for the broken engagement situation. But what about a divorce? What happens to the ring when a marriage happens, but fails? For that, simply try,

    Ownership of engagement ring after divorce

    I click on the cases link on the left to see what we get, and quickly I see language about whether engagement rings are considered marital or separate property. I see references to statutes and again on the right side of the screen, under Related Documents, I see a Yale Law Journal article:
    When the marriage ceremony ends, the law declares that a woman has done her part with respect to the ring and can keep it forever. Rebecca Tushnet, Rules of Engagement, 107 Yale L.J. 2583, 2603 (1998)
    ]]>
    4849 2011-12-29 15:50:25 2011-12-29 21:50:25 open open researching-a-classic-hypo-on-wln-who-gets-the-bling publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title _topsy_long_url _encloseme topsy_short_url _wp_old_slug _topsy_cache_timestamp 24046 http://twitter.com/westlawrefatty/status/152506809809240064 2011-12-29 21:50:31 2011-12-30 03:50:31 New post: Researching a classic hypo on WLN: Who gets the bling? http://t.co/rNQaeqeD]]> 1 trackback 0 0
    11th Circuit Panel Reverses…itself http://westreferenceatt.3fivelab.com/2011/12/11th-circuit-panel-reversesitself/ Wed, 28 Dec 2011 21:00:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4853 th Circuit Court of Appeals reversed itself and re-instated a jury verdict that had been entered against his former employer in the case of Ash v. Tyson Foods, 2011 WL 6270741.  If this story seems familiar, you probably heard about it in the same place I did, the New York Times front page earlier this week.  If you didn’t see their write-up, it’s available on Westlaw at 2011 WLNR 26636445. For the Times, and probably for a lot of the general public, this case was of interest because a part of it concerned whether use of the term ‘boy’ was a racial epithet, or merely water-cooler conversation.  When the Court, in 2010, held it to be mere conversation, the Plaintiff lost his discrimination claim; by holding that the racial overtones were a matter for the jury, his claim survived. The Times noted that it is fairly rare for a Court of Appeals to reverse itself outside of the scenario of an en banc reconsideration.  I put together the following search:

    sy(prior previous earlier /s opinion /s vacat! & motion moved petition! /3 re-hear!) % sy("en banc")

    In our Court of Appeals content on WestlawNext (or CTA on Westlaw) this search finds 44 results, with Ash v. Tyson being the most recent (without the excluding the words “en banc,” the search returns 59 cases).  In the KeyCite history, these cases are noted with a straightforward ‘vacated on rehearing’ or ‘vacated on reconsideration.’   Searches like this one - within the synopsis field -  are great for users who want cases with a particular procedural posture.   Note that many cases also include Holding (HG) and Background (BG) field data. But, these fields are included in SY.  And, I actually found that searching in the Synopsis returned better results than searching the Holding field. Field outlines for various document types can be found on WestlawNext from the Advanced Search link.  For example, see the Fields for Cases (pdf) document we pulled from the advanced search link at the cases page.]]>
    4853 2011-12-28 15:00:52 2011-12-28 21:00:52 open open 11th-circuit-panel-reversesitself publish 0 0 post 0 topsy_short_url _wp_old_slug _encloseme _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url 24047 http://twitter.com/westlawrefatty/status/152131956962902016 2011-12-28 21:00:59 2011-12-29 03:00:59 New post: 11th Circuit Panel Reverses…itself http://t.co/XaCMbrEW]]> 1 trackback 0 0
    Small Claims Flash Mob http://westreferenceatt.3fivelab.com/2011/12/small-claims-flash-mob/ Thu, 29 Dec 2011 21:25:15 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4873 LA Times is calling an enterprising Californian’s efforts to dissuade class members from settling their class claims with Honda.  A 2007 class action complaint alleges that Honda falsely advertised the fuel economy of Civic Hybrids (5:07-CV-00287). The class action settlement notice (pdf) offers rebates for as little as $100 towards the purchase of a new car.  Instead, Heather Peters is urging other Honda owners to take their individual claims to small claims courts, especially in California where the legislature recently raised the jurisdictional amount from $7,500 to $10,00.  See CA Civ Pro 116.221, amended by Senate bill 221. The LA Times notes that,
    If she's successful in getting others to follow her example, Peters could inspire a whole new litigation strategy in the auto industry and other businesses. Working together but filing lawsuits independently, consumers could force companies to go mano a mano with individual plaintiffs in far-flung courtrooms nationwide.
    Interestingly, there might be precedent for the flash mob strategy in California. Even if the cases were to be consolidated, the small claims court might maintain jurisdiction (thus, no attorneys allowed pursuant to CA Civ Pro 116.530.) California Jurisprudence notes that the small claims division was established to provide a forum to resolve  "minor" civil disputes.  The word "minor"
    ... refers to the financial value of the claim to the individual plaintiff. The jurisdictional amount limitations apply to each plaintiff's individual claim, and the fact that on consolidation of the claims of several individual plaintiffs the aggregate amount is greater than the limit is immaterial. Thus, the small claims court had jurisdiction to hear 183 consolidated claims against a city alleging that city airport noise constituted a continuing nuisance causing damages to each claimant in the maximum jurisdictional amount for each claimant, even though the claims raised complex issues. CAJUR COURTS § 227, discussing City and County of San Francisco v. Small Claims Court, 141 Cal. App. 3d 470, 190 Cal. Rptr. 340 (1st Dist. 1983).
    RESEARCH REFERENCES

    For related filings, try: (fuel /3 economy ) & TI(honda) in CA-FILING-ALL

    Recommending a simple search for news and alerts.  Try, honda and fuel-economy and small-claims in ALLNEWS.

    Note that the settlement notice cites 5 related cases:

  • True, et al. v. American Honda Motor Co., Inc., Case No. 5:07-cv-287-VAP-OP (C.D. Cal.)
  • Lockabey, et al. v. American Honda Motor Co., Inc., Case No. 37-2010-887755-CU-BT-CTL (San Diego Cty. Super Ct.);
  • Gibble v. American Honda Motor Co., Inc., Case No. 2:10-cv-6148-VAP-OP (C.D. Cal.)
  • Stouch, et al., v. American Honda Motor Co., Inc., Case No. 2:10-cv-6236-VAP-OP (C.D. Cal.)
  • Thieben v. American Honda Motor Co., Inc., Case No. BC 441424 (Los Angeles Cty. Super. Ct.).
  • ]]>
    4873 2011-12-29 15:25:15 2011-12-29 21:25:15 open open small-claims-flash-mob publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _encloseme 24048 http://twitter.com/westlawrefatty/status/152500471544819712 2011-12-29 21:25:20 2011-12-30 03:25:20 New post: Small Claims Flash Mob http://t.co/zYLWD9ym]]> 1 trackback 0 0 24049 http://twitter.com/dontsettlewithh/status/152849402384498689 2011-12-30 20:31:51 2011-12-31 02:31:51 Love Reuter's spin on my strategy - consolidated mass small claims cases - no discovery or lawyers - just justice! http://t.co/Qz9wyQda]]> 1 trackback 0 0
    Major Securities Reform Upended (in Canada) http://westreferenceatt.3fivelab.com/2012/01/major-securities-reform-upended-in-canada/ Thu, 05 Jan 2012 00:50:24 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4892 Reference re Securities Act, which ruled that the Canadian Government’s proposal to create a national securities Regulator would be  unconstitutional if enacted.  The opinion can be found on Westlaw at 2011 SCC 66 (note that this is a non-unique cite used for both the English and French language opinions).  Canada is the only industrialized country that does not regulate its securities trade at the national level, and it seems for now, that it’s not going to start in the near future. For some initial reaction to (and analysis of) the decision, I recommend searching SECURITIES & DA(AFT 12/21/2011 & BEF 12/24/2011) in the GlobeMail database.  This relatively simple search retrieves 21 articles from one of Canada’s leading news publications, nearly all of which are directly on point.  When searching for securities and finance related materials, searching the plural “Securities” can lead to far more accurate results than searching for Security or Securit!. While the Government’s proposed plan is now off the table, the advocates of a national securities regulator are not finished, especially when the Supreme Court’s opinion is seen as having left the door open for future efforts.  For some ideas about where this debate will go next, I went to the TP-Canada database and did a search for securities /s regulat! /s national federal.  This yielded 195 hits, with 35 coming from the past 3 years.  Those 35 should give you a good sense of the roads-not-taken-but-not-yet-Constitutionally-barred. Research References Check out the Canadian Securities Administrators Website:
    The 10 provinces and 3 territories in Canada are responsible for securities regulations. Securities regulators from each province and territory have teamed up to form the Canadian Securities Administrators, or CSA for short. The CSA is primarily responsible for developing a harmonized approach to securities regulation across the country.
    Canada's System for Electronic Document Analysis and Retrieval (SEDAR) can be found on Business Law Research's Securities-Canada tab along with a variety of Canadia-specific securities secondary sources: ]]>
    4892 2012-01-04 18:50:24 2012-01-05 00:50:24 open open major-securities-reform-upended-in-canada publish 0 0 post 0 _topsy_long_url topsy_short_url _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24050 http://twitter.com/westlawrefatty/status/154726642852433920 2012-01-05 00:51:20 2012-01-05 06:51:20 New post: Major Securities Reform Upended (in Canada) http://t.co/8KlRnUe3]]> 1 trackback 0 0
    Searching for those record number of utility patents http://westreferenceatt.3fivelab.com/2012/01/searching-for-those-record-number-of-utility-patents/ Fri, 06 Jan 2012 17:55:51 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4899 recently noted that more U.S. utility patents were issued in 2011 than in any other year. We emulated his  research by using the following queries:

    On Thomson Innovation: PY=([year]) NOT KI=(S?) NOT PN=(usre*);

    On Westlaw: da([year]) and u.s. in US-UTIL

    The Thomson Innovation search eliminates design patents by excluding Kind Codes, "S."  It eliminates  Reissues by excluding publication numbers beginning with, "USRE."   Westlaw has separate collections for Design and Utility patents (US-Design, US-Util).  Our results:
    Year Patents Top US Class* Class Description
    2011 225,714 709/224 Computer Network Monitoring
    2010 220,911 709/224 Computer Network Monitoring
    2009 168,573 709/223 Computer Network Managing
    2008 159,209 709/224 Computer Network Monitoring
    2007 158,578 435/2301 Vector, Per Se (e.g. Plasmid, Hybrid, Cosmid...
    2006 175,172 435/2301 Vector, Per Se (e.g. Plasmid, Hybrid, Cosmid...
    2005 145,125 435/2301 Vector, Per Se (e.g. Plasmid, Hybrid, Cosmid...
    2004 166,048 435/252.3 Escherichia
    2003 170,539 435/230.1 Vector, Per Se (e.g. Plasmid, Hybrid, Cosmid...
    2002 168,969 435/320.1 Vector, Per Se (e.g. Plasmid, Hybrid, Cosmid...
    * We used Thomson Innovation's US Class filter to acquire these results. Thomson Innovation displays a maximum of 60K patents.  The Patent Office hasn't issued fewer than 60K patents in a single year for quite some time. In 1950, there were 42,851 granted utility patents (Top US class was 346/033R or "Combined with external recording operating means").  In 1900, there were 28,657 granted utility patents. (Top U.S. class was 431/110 or "Supported above upwardly facing fuel discharger").  For this post, we did not do the work of breaking the  search into several parts in order to generate fewer than 60K results.  So, analysis for Top US class might vary with a more nuanced search.]]>
    4899 2012-01-06 11:55:51 2012-01-06 17:55:51 open open searching-for-those-record-number-of-utility-patents publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _wp_jd_clig _jd_twitter _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _encloseme 24051 http://twitter.com/westlawrefatty/status/155346874432360448 2012-01-06 17:55:55 2012-01-06 23:55:55 New post: Searching for those record number of utility patents http://t.co/kSA03v8e]]> 1 trackback 0 0 24052 http://twitter.com/patentpublifagg/status/157597815286140928 2012-01-12 23:00:21 2012-01-13 05:00:21 http://t.co/tXCYQouN Searching for those record number of utility patents]]> 1 trackback 0 0
    Supreme Court Blotter: Kappos v. Hyatt http://westreferenceatt.3fivelab.com/2012/01/supreme-court-blotter/ Mon, 09 Jan 2012 17:54:42 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4916 Perry v. Perez/Perry v. Davis, Kappos v. Hyatt and Sacket v. E.P.A. This post's research covers Kappos.  Perry and Sacket posts are forthcoming. Kappos v. Hyatt: Overview In Hyatt v. Kappos, the Federal Circuit held that when a patent applicant files suit under 35 U.S.C. § 145, the only limitation on the admissibility of evidence for issues raised before the Patent Office are the Federal Rules of Evidence and the Federal Rules of Civil Procedure. The citation to the Federal Circuit opinion is 625 F.3d 1320. In this case the Director of the PTO argued that an applicant in a § 145 action can only present new evidence to the District Court if the evidence could not reasonably have been provided to the Patent Office. The Federal Circuit rejected this argument citing Butterworth v. Hoe (112 U.S. 50), “It is not a technical appeal from the patent-office, like that authorized in section 4911, confined to the case as made in the record of that office, but is prepared and heard upon all competent evidence adduced, and upon the whole merits.” The Director also argued that allowing applicants to introduce new evidence would conflict with the doctrine that parties may not raise issues in the district court that were not raised before the Patent Office. The Federal Circuit rejected this argument as well and clarified that an applicant cannot raise new issues but can provide new evidence as to issues raised before the Patent Office. The Federal Circuit identified two different standards of review for the District Court in a §145 action. The First applies in situations where the applicant does not introduce new evidence. In this instance, the court reviews the case on the administrative record and must apply the APA’s substantial evidence standard to the Patent Office findings of fact. Second, when the applicant does introduce new evidence, the district court is not limited to the administrative record, instead the court must make de novo findings of fact that relate to the new evidence.

    RESEARCH TRAIL

    Ronald Mann's overview at SCOTUSblog notes...
    The arguments of the parties are squarely drawn.  Although the parties argue at length about the state of the law at the time when the various predecessors to Section 145 were adopted and amended (the statute dates to 1839), the central debate really pits the language of the statute against considerations of institutional design.
    We nevertheless spent some time finding the old statutes. The Federal Circuit opinion looks at the legislative history of 35 U.S.C.A. § 145 and discusses § 4915 of the Revised Statutes at length.  Section 4915 and other 145 predecessors can be found in the US-STATLRG database.   For example, we found 44 Stat. 1335 by searching for,  patent and da(1927).  Searching clues can be found under the Historical and Statutory Notes at 35 USCA 145. The Supreme Court has granted certiorari and hears oral arguments on Monday, January 9th. The Petition for Writ of Cert can be found at 2011 WL 1336431. To read the briefs filed in this case run this search in the SCT-BRIEF database: ti(kappos & hyatt) or, find the link for filings links at the case from the Federal Circuit opinion. The transcript will be available soon after the oral argument, to access that you can go to the Transcripts of the U.S. Supreme Court Oral Arguments database (SCT-ORALARG) and enter Kappos in one party name box and Hyatt in the other party name box. We'll also update this post when the citation becomes available. [Update: Oral Arguments Transcript is here: 2012 WL 38640] If you would like to be alerted when the Supreme Court’s decision comes out, set up a WestClip with this as your query: ti(kappos & hyatt) in the SCT database. The steps for setting up a WestClip are available here: Westlaw Quick Reference Guide: Using Westclip (pdf).]]>
    4916 2012-01-09 11:54:42 2012-01-09 17:54:42 open open supreme-court-blotter publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 24053 http://twitter.com/westlawrefatty/status/156433791412473856 2012-01-09 17:54:56 2012-01-09 23:54:56 New post: Supreme Court Blotter http://t.co/8xCNoFUh]]> 1 trackback 0 0
    Supreme Court Blotter: FCC v. Fox TV http://westreferenceatt.3fivelab.com/2012/01/supreme-court-blotter-fcc-v-fox-tv/ Wed, 11 Jan 2012 22:12:35 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4931 Fox v. FCC,  the Second Circuit held that the FCC's indecency policy is impermissibly vague and violates free speech.  The citation to the Second Circuit's opinion is 613 F.3d 317. The Supreme Court granted Certiorari in this case and heard oral arguments Tuesday, January 10th. The citation to the petition for writ of cert is 2011 WL 1540430. The Second Circuit addressed the dangers of the FCC's current three-factor "patently offensive" test. The Court pointed out inconsistencies in how this test has been applied and also a lack of discussion as to how each factor is applied, thus resulting in a failure to provide notice to broadcasters as to how the Commission will apply the factors in the future. The Court also noted that the same vagueness issues exist with the Commission's presumption that words like "f*ck" and "sh*t" are prohibited. Under the current policy, all variations of the two terms are prohibited unless they fall under the "bona fide news" exception or the "artistic necessity" exception. The Court stated that the Commission has failed to explain the "bona fide news" exception except to concede that it is not absolute. The "artistic necessity" exception permits the use of "fleeting expletives" if they are "demonstrably essential to the nature of an artistic or educational work or essential to informing viewers on a matter of public importance." You can read more about the "artistic necessity" exception in the Commission's omnibus order available at 2006 WL 656783. The Second Circuit explained that while the currently policy provides the most flexibility to the Commission, that flexibility is dangerous, stating:
    "The FCC's current indecency policy undoubtedly gives the FCC more flexibility, but this flexibility comes at a price. The “artistic necessity” and “ bona fide news” exceptions allow the FCC to decide, in each case, whether the First Amendment is implicated. The policy may maximize the amount of speech that the FCC can prohibit, but it results in a standard that even the FCC cannot articulate or apply consistently". 613 F.3d 317, 332.
    The Second Circuit also expressed concern over the chilling effect this vague policy has on speech, citing examples of  broadcasters deciding not to air particular programming for fear of being fined or losing their license. The court warned:
    "If the FCC's policy is allowed to remain in place, there will undoubtedly be countless other situations where broadcasters will exercise their editorial judgment and decline to pursue contentious people or subjects, or will eschew live programming altogether, in order to avoid the FCC's fines. This chill reaches speech at the heart of the First Amendment." 613 F.3d 317, 334.

    RESEARCH TRAIL

    If you are interested in seeing how the Commission has applied these tests you can search in FCC materials.

    On Westlaw go to the database Federal Communications - FCC Record (FCOM-FCC)

    On WestlawNext, type FCC into the Search bar and when it says "looking for this?" click on Federal Communications Commission (FCC).

    Sample Search: ("patently offensive" /10 three-factor) (presum! /5 profan! indecen!)

    Transcipts: The Supreme Court oral argument transcripts are available at this citation: 2012 WL 72459

    If you would like to be alerted when the Supreme Court’s decision comes out, set up a WestClip with this as your query: ti(Fed! & Fox) in the SCT database. The steps for setting up a WestClip are available here: Westlaw Quick Reference Guide: Using Westclip (pdf).

    ]]>
    4931 2012-01-11 16:12:35 2012-01-11 22:12:35 open open supreme-court-blotter-fcc-v-fox-tv publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 24054 http://twitter.com/westlawrefatty/status/157223442779865088 2012-01-11 22:12:44 2012-01-12 04:12:44 New post: Supreme Court Blotter: FCC v. Fox TV http://t.co/TezR242r]]> 1 trackback 0 0 24055 2012-01-11 22:12:44 2012-01-12 04:12:44 ]]> 1 trackback 0 0
    So…that’s a “no” on the development of a gluten free Twinkie? http://westreferenceatt.3fivelab.com/2012/01/sothats-a-no-on-the-development-of-a-gluten-free-twinkie/ Thu, 12 Jan 2012 22:13:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4940 came out on Wednesday morning that Hostess had filed for bankruptcy in the Southern District of New York. So on my lunch break (eating a salad, sans Twinkie…maybe I’m part of the problem?), I tracked down the docket on WestlawNext. Here are directions for browsing to the Hostess bankruptcy on WestlawNext: First,  click on the Dockets link from the Browse All tab on the Home page of WestlawNext. Next,  click on the link to Federal Bankruptcy Courts. Then, under the State category, I clicked on New York... after that, the link to the Southern District. That brings up a nice template for us to use. I simply enter "Hostess" in the “Participant Name” box, then use the “Filing Date” box to choose “last 30 days.” That brings up the dockets related to the Hostess bankruptcy. Images of the complaints are already available from the docket, along with several other filings.]]> 4940 2012-01-12 16:13:47 2012-01-12 22:13:47 open open sothats-a-no-on-the-development-of-a-gluten-free-twinkie publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _edit_last _wp_jd_clig _jd_twitter _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _encloseme SOPA Resistance Day http://westreferenceatt.3fivelab.com/2012/01/sopa-resistance-day/ Wed, 18 Jan 2012 20:57:28 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4956 Golan v. Holder was decided today by the Supreme Court.  See 2012 WL 125436.  Supreme Court oral arguments are at 2011 WL 4593952.  Find the "Petitions, Briefs, and Filings" links on either document for related court documents.

    SOPA RESISTANCE DAY

    In addition, today is SOPA resistance day.  Several internet companies are protesting two anti-piracy bills by going dark: The two bills are the "Stop Online Piracy Act" (HR 3261) and the "PROTECT IP Act" (S. 968) .  Westlaw/WestlawNext find citations to the bill documents are 2011 Cong US S 968 and 2011 Cong US HR 3261. The President's recent statement in response to "We the People Petitions on SOPA and Online Piracy" might generally summarize the opposition to these bills:
    While we believe that online piracy by foreign websites is a serious problem that requires a serious legislative response, we will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet. 2012 wL 114502
    Despite waning support for these bills, Nate Anderson of Ars Technica reported that November's Congressional hearings were stacked 'hugely' in favor of those advocating adoption. The transcripts are interesting to read.  On Westlaw, try a query for, SOPA,  in the USPOLTRANS database.]]>
    4956 2012-01-18 14:57:28 2012-01-18 20:57:28 open open sopa-resistance-day publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _encloseme 24056 http://twitter.com/westlawrefatty/status/159741229687517184 2012-01-18 20:57:31 2012-01-19 02:57:31 New post: SOPA Resistance Day http://t.co/VtUprG2z]]> 1 trackback 0 0
    Rep. Giffords retrospective http://westreferenceatt.3fivelab.com/2012/01/rep-giffords-retrospective/ Tue, 24 Jan 2012 18:32:53 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4976 Arizona Rep. Gabrielle Giffords, who became a symbol of Americans' hope and resilience as she tenaciously recovered from a gunshot wound to the head over the past year, announced Sunday that she is resigning from Congress this week. . . . . "I have more work to do on my recovery," the Democratic congresswoman says in the video. "I'm getting better. Every day my spirit is high," she says, speaking directly, deliberately and somewhat haltingly. "I will return, and we will work together for Arizona." 2012 WLNR 1486923 As Rep. Giffords departs Congress, you can check out her legislative legacy on Westlaw using the following resources: Floor speeches she made are available in the Congressional Record (Database ID: CR)

    Search:  SP(Giffords) (189 docs)

    The bill tracking for legislation she authored or sponsored during her time in Congress can be found in the Historical Bill Tracking database (billtrk-old).

    Search:  au(giffords) & ci(federal) (60 docs)

    Examples of her testimony before various committees in Congress can be found in the USTESTIMONY database.

    Search: sp(giffords) (24 docs)

    ]]>
    4976 2012-01-24 12:32:53 2012-01-24 18:32:53 open open rep-giffords-retrospective publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _encloseme 24057 http://twitter.com/westlawrefatty/status/161879181599309827 2012-01-24 18:32:59 2012-01-25 00:32:59 New post: Rep. Giffords retrospective http://t.co/27woHoM7]]> 1 trackback 0 0 24058 http://westreferenceattorneys.com/2012/08/mr-ryan-of-wisconsin/ 173.201.144.128 2012-08-20 09:37:02 2012-08-20 14:37:02 1 pingback 0 0
    Twinkie Defense http://westreferenceatt.3fivelab.com/2012/01/twinkie-defense/ Tue, 24 Jan 2012 21:54:49 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4982 As Jill V. mentioned the other day, Hostess, makers of Ding-Dongs, Ho-Hos, and assorted other guilty pleasures, filed for bankruptcy recently.  The case is pending in the Bankruptcy Court for the Southern District of New York, under Docket numbers 7:12-bk-22051 through 22056. Hostess previously declared bankruptcy in 2004, in the Western District of Missouri.  The Docket number for that case was 4:04-bk-45814.

    Brief History of the Twinkie Defense

    But even that prior bankruptcy wasn’t the first time Hostess made front page legal news.  That distinction goes to the so-called Twinkie Defense.  This is the mildly derogatory term applied to former San Francisco Supervisor Dan White’s defense when tried for the double murder of Mayor George Moscone and Supervisor Harvey Milk (some of the essential facts of the case can be found at 117 Cal. App. 3d 270).   Contrary to popular memory, Mr. White did not argue that eating a Twinkie had caused him to commit murder; he actually argued that he suffered from severe depression, which prevented him forming the requisite mens rea for homicide; his consumption of junk food was introduced merely as a symptom.  See footnote 204 in 36 USFLR 261. The Twinkie Defense had a direct impact on California law when the legislature chose to amend Cal. Penal Code § 28 to abolish the Diminished Capacity defense and replace it with the slightly different ‘Diminished actuality’ defense.  The literal impact of this change can be found in the annotations to the current Penal Code § 28.  While Westlaw doesn’t have legislative history from California for 1982, a search for, diminished /3 capacity /p diminished /3 actual!, in the JLR database reveals 17 articles, which do a pretty good job discussing the motivation behind the change. The Twinkie Defense had a brief return to the spotlight in 2006, when Justice Scalia mentioned it at oral argument in the case of U.S. v. Gonzalez-Lopez, ostensibly as an example of the kind of innovative thinking a good defense lawyer can do.  Less often mentioned was Scalia’s next sentence, “I would not consider the Twinkie defense an invention of a competent lawyer.” The transcript is available at 2006 WL 1134467. For a sense of what people thought of the Twinkie Defense at the time, you can run the search, twinkie /1 defense & da(bef 1/1/1984) in ALLNEWS (11 results).  For more on Hostess’s ongoing financial troubles, try, hostess /s bankruptcy & da(aft 1/1/2004) in the same place.  And while I wish it had been me, credit for the first Bankruptcy/Twinkie defense connection must go the Editorial Board at the Hartford Courant, as revealed by simply combining the last two searches into HOSTESS /S BANKRUPTCY & TWINKIE /3 DEFENSE.]]>
    4982 2012-01-24 15:54:49 2012-01-24 21:54:49 open open twinkie-defense publish 0 0 post 0 _topsy_cache_timestamp _topsy_long_url topsy_short_url _wp_old_slug _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_clig topsy_short_url _jd_tweet_this _jd_twitter _topsy_long_url _encloseme 24059 http://twitter.com/westlawrefatty/status/161930002269614080 2012-01-24 21:54:55 2012-01-25 03:54:55 New post: Twinkie Defense http://t.co/FdW9KMhx]]> 1 trackback 0 0 24060 SieverCloyd987@hotmail.com http://www.fabulousfit.com/dress_forms.html 120.80.211.246 2012-11-18 01:48:12 2012-11-18 07:48:12 0 0 0
    Recount: Research inspired by the movie http://westreferenceatt.3fivelab.com/2012/02/recount-research-inspired-by-the-movie/ Thu, 02 Feb 2012 00:27:03 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=4995 Recount last weekend.  It wasn’t until after I finished watching that I realized I had chosen both the week of the just concluded primary in the state of Florida and the week of the 1 month anniversary of the very close vote in Iowa to watch. The movie, for those who aren’t familiar, is a dramatization of the story of the Rresidential Election recount of 2000 in Florida, which began the day after the election and ended with the U.S. Supreme Court’s decision in Bush v. Gore, 531 U.S. 98.  The relevant details can be found in the opinion, and in the Florida Supreme Court opinion it overruled, Gore v. Harris, 772 So.2d 1243. One of the film’s characters points to the oft-derided line in the decision*, which effectively rendered the entire decision non-precedential, and asked whether the court had ever written anything like it before.  I was able to find a few prior cases, and one subsequent case, though it appears the language is more likely to appear in concurrences or dissents.

    Search:  consideration decision holding /15 limit! restrict! /15 present current "#before #us" /15 circumstance situation

    Result: 24 Documents

    Search: le(consideration decision holding /15 limit! restrict! /15 present current "#before #us" /15 circumstance situation)

    Result: 9 Documents

    The Florida Recount process forced every state to re-examine its election procedures, and a wave of reform legislation followed (for some discussion of this reform, see 73 FDMLR 1711).  Westlaw has a 50 State Survey of current ballot counting laws available at 0050 Surveys 8.   Also, the Reference Attorneys performed a WestCheck report on automatic recount statutes in November 2010. For your own (fairly) comprehensive list of statutes relating to recount procedures, try running pr(election) & sd(recount) in Statutes and Court Rules content. This finds 1832 relevant statutes, but a similar search in a state-specific database would yield a more manageable list. If you want to learn more about the 2000 Presidential Recount, Westlaw still has the litigation materials in a special database: the database identifier is Preslit-Doc, and it includes numerous petitions and briefs filed by the parties, as well as court orders and oral argument transcripts.  I recommend a reading of the Suprme Court transcript, both for the quality of the arguments and for Joseph Klock’s mildly infamous inability to tell the justices apart.** *“Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.”  531 U.S. at 109. **For more on this Mr Klock’s footnote in history, as well as a sense of how the litigation was viewed as it was going on, try the following search in allnews: joseph /3 klock /p justice /3 brennan souter.]]>
    4995 2012-02-01 18:27:03 2012-02-02 00:27:03 open open recount-research-inspired-by-the-movie publish 0 0 post 0 _wp_jd_target _jd_wp_twitter _encloseme _wp_old_slug topsy_short_url _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _jd_post_meta_fixed _edit_last _wp_jd_url _wp_jd_wp _wp_jd_yourls _jd_twitter _wp_jd_clig _wp_jd_bitly _jd_tweet_this topsy_short_url _topsy_long_url 24061 http://twitter.com/westlawrefatty/status/164867407817613313 2012-02-02 00:27:07 2012-02-02 06:27:07 New post: Recount: Research inspired by the movie http://t.co/tFYKuj6a]]> 1 trackback 0 0 24062 htxtxqhj@gmail.com http://belgradormani.com/css/vmskmlop.asp 123.3.234.99 2013-06-07 10:08:10 2013-06-07 15:08:10 0 0 0
    Of Campaigns and Copyrights http://westreferenceatt.3fivelab.com/2012/02/of-campaigns-and-copyrights/ Mon, 13 Feb 2012 19:54:42 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5009 Eric Goldman noted copyright claims against political campaigns appear to be on the rise.  He cites (among others):
    • Robin Carnahan: See 2010 WL 3805284 for complaint and for links to related pleadings.
    • Charlie Crist in 2010.  See Gov. Crist's answer at 2011 WL 2622081 and Mr. Byrn's complaint at 2010 WL 2833809)
    • Sharron Angle in 2010.  See Righthaven's complaint at 2010 WL 3690541 and Sharron Anlge's answer at 2010 WL 3968913.
    • In 2008,  Sarah Palin caught heat from the band Heart over her use of their song "Barracuda."  Although it didn't result in litigation, it did generate a fair amount of press coverage, and even some legal scholarship.  To see examples, try "Sarah Palin" /p barracuda in News or All State and Federal Materials on WestlawNext:
    There are, of course, a host of more recent examples.  The Westlaw welcome page has the link to a complaint filed against Newt Gingrich and his presidential campaign by Rude Music, Inc., a company owned by one of the musicians from the band Survivor, alleging that Gingrich's campaign infringed on the copyright of the classic song "Eye of the Tiger" by using it at his campaign events.  (For the complaint, see 2012 WL 264219).  NBC asked Mitt Romney's campaign to remove an anti-Gingrich ad featuring Tom Brokaw's reporting. I ran the following search on WestlawNext in All State and Federal materials:

    Search:  recording song music copyright infring! /s politic! /5 campaign conference event

    This search returns over 550 documents, including 75 cases and over 90 trial court docs.

    Unfortunately, there's no perfect search to capture filings of this sort.  If you're interested in tracking newly-filed campaign-related copyright cases, you might simply run nature-of-suit code for copyright (820) and review results for candidate names.  However, we did review Federal Election Committee's Campaign Finance data for commonalities among campaign and committee names to come up with the following search.

    NOS(820) & PTN(CAMPAIGN DEMOCRATIC DFL REPUBLICAN GOP RE-ELECT! ELECT ELECTION CANDIDA! CHANGE PAC PAF (POLITICAL +3 FUND ACTION) (#FOR +2 GOVERNOR PRESIDENT SENATOR SENATE HOUSE REPRESENT! CONGRESS) VOTE! DFL GOB)

    The Search seems to work best on WestlawNext where it delivers 90 results in Federal District Courts.  Use the Filing Date filter on the left to limit results to recent dockets: Political campaigns of the past have yielded an interesting variety of legal issues surrounding the use of music in the campaign.  Based on the early start we're seeing with the Rude Music v. Gingrich 2012 case, this promises to be no exception.]]>
    5009 2012-02-13 13:54:42 2012-02-13 19:54:42 open open of-campaigns-and-copyrights publish 0 0 post 0 _wp_jd_clig _jd_twitter _jd_tweet_this _wp_old_slug topsy_short_url _topsy_long_url _topsy_cache_timestamp _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _encloseme _topsy_long_url topsy_short_url 24063 http://twitter.com/westlawrefatty/status/169147531350122496 2012-02-13 19:54:48 2012-02-14 01:54:48 New post: Of Campaigns and Copyrights http://t.co/knaQeWEo]]> 1 trackback 0 0 24064 Justina_Dousay@gmail.com http://mg-auto.com.pl/ 108.62.130.48 2012-03-22 19:35:51 2012-03-23 00:35:51 0 0 0 24065 http://westreferenceattorneys.com/2012/08/still-more-on-political-campaigns-and-copyright-chilling-effects/ 173.201.144.128 2012-08-24 09:38:11 2012-08-24 14:38:11 1 pingback 0 0
    Convenience of the Profession http://westreferenceatt.3fivelab.com/2012/02/convenience-of-the-profession/ Thu, 16 Feb 2012 00:34:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5022 U.S. v. Detroit Timber and Lumber Company, 200 U.S. 321, was decided 106 years ago this coming weekend.  Writing for a majority, Justice Brewer addressed some obscure points of law regarding the right to cut timber on public lands.  However, in rejecting a precedent proffered by one of the parties, he made the statement that would earn Detroit Timber its place in the history books: “[T]he headnote is not the work of the court…It is simply the work of the reporter...and is prepared for the convenience of the profession.”  It is for this proposition that Detroit Timber is cited in almost every decision released by the Supreme Court today: Outside the court's standard footnote, headnotes and case syllabi have been mentioned by the court a few other times.

    Database: SCT

    Search: op(head-note)

    Result: 57 Documents

    Database: SCT

    Search: op(syllabus /s case court)

    Result:  86 Documents (the extra search language is necessary to weed out unrelated education cases)

    Most of these cases refer to annotations of State Supreme Courts, which, in some States, actually is “the work of the Court,” and does “state its decision.”  This rule in the States is probably what led Solicitor General Hoyt to make his failed argument from the annotations in Detroit Timber (Justice Brewer even recognizes that some States have a different rule).  He probably wasn’t the first to make this mistake, and he almost certainly won’t be the last.

    Manifesting Corporate Personhood

    Distinguishing the Court's legal opinion from research tools can be extremely important.  Background on a particularly infamous invocation of the annotations can be found by running the following search in JLR: corporate /3 personhood /p head-note syllab!.  I saw 5 results, each of which gives a decent introduction to the history of this particular legal concept.
    The court reporter who wrote the headnote into the official record of the Santa Clara decision was an adept lawyer who had ties to the railroad industry...Since only the text of judicial opinions is binding precedent, this case should not have been cited since then as the bedrock case supporting corporate personhood. 24 JENVLL 75, fn 122

    Additional Research References

    Our attorney editors may be adept but they don't have ties to the railroad industry. This 2008 video does a good job outlining how Westlaw adds headnotes. Watch our editors add headnotes at 2:58. See Mr. Gil Grantmore's brief history of U.S. v. Detroit Timber and Lumber Company at 5 Greenbag 157.

    Detroit Timber clearly does not stand for the proposition that the headnote is irrelevant or inappropriate for citation. On the contrary, after explaining the genesis of the headnote, the Court goes on very carefully to consider its substance. True, the headnote did not carry the imprimatur of the Court. But it nevertheless seems to have been considered at least respectable persuasive authority. The common view today that the syllabus is valueless cannot be supported by Detroit Timber.
    ]]>
    5022 2012-02-15 18:34:52 2012-02-16 00:34:52 open open convenience-of-the-profession publish 0 0 post 0 _slidedeck_slide_title _wp_jd_bitly _jd_twitter topsy_short_url _jd_tweet_this _wp_jd_clig _topsy_long_url _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_yourls _wp_jd_url _wp_jd_target _wp_jd_wp _topsy_cache_timestamp _wp_old_slug _topsy_long_url topsy_short_url _encloseme 24066 http://twitter.com/westlawrefatty/status/169942802669645825 2012-02-16 00:34:56 2012-02-16 06:34:56 New post: Convenience of the Profession http://t.co/QeUSmGmy #Digest]]> 1 trackback 0 0 24067 http://twitter.com/westlawrefatty/status/170277187675631616 2012-02-16 22:43:39 2012-02-17 04:43:39 Post Edited: Convenience of the Profession http://t.co/QeUSmGmy #Digest]]> 1 trackback 0 0 24068 bkabacin@gmail.com 68.53.172.195 2012-02-17 22:57:07 2012-02-18 04:57:07 1 0 0 24069 roycerowley@aol.com http://www.ohjain.fi/ 110.77.236.101 2012-09-01 21:06:47 2012-09-02 02:06:47 0 0 0 24070 jefferey-seaman@yahoo.de http://www.urlencryption.com/ 31.214.220.116 2012-09-09 12:11:08 2012-09-09 17:11:08 0 0 0 24071 reedengle@gmail.com http://markupio.posterous.com/markup-help 221.179.177.212 2013-05-01 21:08:02 2013-05-02 02:08:02 0 0 0 24072 ira-gunderson@fmail.co.uk http://cheesewheelmasters.com 175.25.243.26 2013-08-22 03:10:53 2013-08-22 08:10:53 0 0 0
    Divisible by 4 http://westreferenceatt.3fivelab.com/2012/02/divisible-by-4/ Wed, 29 Feb 2012 15:32:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5051 pr(filed released decided published +s feb. february +s 29) (729 Docs)ALLCASES

    Of course, if you want to find leap day cases from a particular year, you can just use the normal date restrictor.  For example:

    Court & da(02/29/1900) (0 Docs) ALLCASES

    That doesn’t seem right.  1900 was a year divisible by 4, there must have been some cases published on leap day that year.  Oh wait, that’s right, leap day occurs in years divisible by 4, but not in years divisible by 100.  A few cases have mentioned and discussed this.

    leap +2 day year /p 1900 (3 Docs)ALLCASES

    In more practical considerations, an extra day can affect computation of time for anything measured in months or years.  A few prisoners have argued that their prison terms were excessive, as they included extra days from multiple leap years, and a some individuals have tried to argue that Statutes of Limitations ran a day earlier than expected.

    378k4 & leap +2 year day (42 Docs)ALLCASES

    378k4 is the Key number for Time>Years.  Most jurisdictions seem to have adopted a rule that a ‘year’ is a calendar year, consisting of 366 days in leap years.  For an alternative view, see Sain v. City of Bend, 309 F.3d 1134 (9th Cir. 2002). See also Jeremy Byellin's post at WestlawInsider.]]>
    5051 2012-02-29 09:32:52 2012-02-29 15:32:52 open open divisible-by-4 publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _wp_jd_url _wp_jd_yourls _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _topsy_cache_timestamp _encloseme 24073 http://twitter.com/westlawrefatty/status/174879852195885056 2012-02-29 15:33:00 2012-02-29 21:33:00 New post: Divisible by 4 http://t.co/3eeu9Dwa]]> 1 trackback 0 0 24074 Dena_Fry@gmail.com 178.33.174.195 2012-03-27 16:47:35 2012-03-27 21:47:35 0 0 0
    Leading Ohioans http://westreferenceatt.3fivelab.com/2012/03/leading-ohioans/ Tue, 06 Mar 2012 22:40:55 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5058 Olmstead v. U.S., 277 U.S. 438, which held that the 4th amendment’s prohibition on warrantless searches did not extend to wiretaps (a holding later reversed in Katz v. U.S., 389 U.S. 347).  But I was surprised to find that Olmstead is not Taft’s most cited case.  That distinction (found by using WestlawNext’s ‘Most Cited’ sort filter) goes to Carroll v. U.S., another search and seizure case.  Unsurprisingly, given that the cases are from the 1920s, both cases involved the illegal transportation of intoxicating liquors. Before he was the only President to go on to be a Judge, Taft was the only Judge who went on to become a President (Truman technically held the title Judge, but his position was not judicial in nature).  He wrote 199 opinions while on the 6th Circuit Court of Appeals (available by doing the same ju(taft) search in cta6). During his second tenure on the bench, Chief Justice Taft was integral in the passage of the Court Judge’s Bill of 1925, 68 Cong. Ch. 229, 43 Stat. 936.  This bill was notable for creating the Certiorari process for the Supreme Court, which before then took mandatory appeals from circuits and states.  A critical view of this bill and Chief Justice Taft’s involvement can be found at 100 Colum. L. Rev. 1643.  This may be his most influential act from his time on the bench (though if any Taft scholars out there disagree, please share your thoughts in the comments).  So, to any aspiring Presidents dealt a cruel fate by Ohio today or in years to come, remember: retirement is only the beginning. Other Research References FYI: The Office of the Federal Register has historical election results including Electoral Votes by State dating back to 1789. The cited source is the Senate Manual. Taft took Ohio's 23 electoral votes in 1908.  ]]> 5058 2012-03-06 16:40:55 2012-03-06 22:40:55 open open leading-ohioans publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _topsy_cache_timestamp _encloseme 24075 http://twitter.com/westlawrefatty/status/177161917473890304 2012-03-06 22:41:07 2012-03-07 04:41:07 New post: Leading Ohioans http://t.co/AreC4hiW]]> 1 trackback 0 0 24076 http://westreferenceattorneys.com/2012/06/dissents-from-cert/ 173.201.144.128 2012-06-27 10:03:11 2012-06-27 15:03:11 0 pingback 0 0 Sticks, Stones, Cell Phones http://westreferenceatt.3fivelab.com/2012/03/sticks-stones-cell-phones/ Tue, 20 Mar 2012 20:52:30 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5075
    With changes in technology, the Internet has become the venue where widespread hurtful bullying is inflicted by and on young people. See Jan Hoffman, As Bullies Go Digital, Parents Play Catch-up, N.Y. Times, Dec. 5, 2010, at A1 (examining the widespread nature of bullying on the Internet and difficulties schools have in stopping it); Schwartz, supra (discussing the suicides of three teens as a result of online bullying).
    T.K. v. New York City Dept. of Educ., 779 F.Supp.2d 289, 299 (E.D.N.Y.,2011)
    According to an article from The Daily News Journal, forty-three percent of teenagers are cyber-bullied per year.  Many teenagers experience negative effects from these statements, including depression and low self-esteem.  2011 WLNR 24052782.  As noted above, suicide is an extreme, but unfortunately not uncommon, consequence of cyber-bullying.  In September 2010, Tyler Clementi, a freshman at Rutgers University, committed suicide after his roommate spied on him and another man with a webcam.  Other well-known cases that resulted in suicide include Megan Meier and Phoebe Prince. RESEARCH REFERENCES

    50-State Survey: Legislatures are starting to pay more attention to this issue.  Forty-eight states have anti-bullying laws and about thirty-eight of those have some mention of electronic harassment.  Eleven states specifically mention cyber-bulling.  Check out the  50-state survey (pdf) from the Cyberbullying Research Center.

     

    Recommended Query for the Common Law: Try the followng terms and connectors / advanced query on Westlaw or WestlawNext:

    adv: (bully! /s internet cyber computer electronic text-message! cell-phone "social media") cyber-bully!

    We ran this search in all state and federal jurisdictions on WestlawNext:

    Much of the new code falls under the category of  "anti-harassment."  To broaden this query, add harass!:

    adv: (bully! harasss! /s internet cyber computer electronic text-message! cell-phone "social media") cyber-bully!

    We also narrowed the search to Causes of Action (COA) and found no results.  So, we targeted headnotes in the case law:

    HE((bully! /s internet cyber computer electronic text-message! cell-phone "social media") cyber-bully!)

    As it turns out, there's just one case:
    Insofar as the Plaintiff's counsel suggestion that the posts constitute cyberbullying, the Courts of New York do not recognize cyber or internet bullying as a cognizable tort action. A review of the case law in this jurisdiction has disclosed no case precedent which recognized cyber bullying as a cognizable tort action.
    Finkel v. Dauber, 29 Misc.3d 325, 330, 906 N.Y.S.2d 697, 702-03 (N.Y.Sup.,2010)
    ]]>
    5075 2012-03-20 15:52:30 2012-03-20 20:52:30 open open sticks-stones-cell-phones publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24077 http://twitter.com/westlawrefatty/status/182208027573764098 2012-03-20 20:52:33 2012-03-21 01:52:33 New post: Sticks, Stones, Cell Phones http://t.co/WDsZAN33]]> 1 trackback 0 0 24078 http://twitter.com/androidloop/status/182399753252904961 2012-03-21 09:34:24 2012-03-21 14:34:24 Sticks, Stones, Cell Phones http://t.co/WV0FdkiB]]> 1 trackback 0 0 24079 http://twitter.com/loopatt/status/182399743438233600 2012-03-21 09:34:22 2012-03-21 14:34:22 Sticks, Stones, Cell Phones http://t.co/rWoZdlfI]]> 1 trackback 0 0 24080 http://twitter.com/keithc1/status/182412277805363200 2012-03-21 10:24:10 2012-03-21 15:24:10 Sticks, Stones, Cell Phones: Sticks, Stones, Cell Phones. 03/20/2012 | Author Nancy S. The relative ease of elec... http://t.co/zKWNH9yt]]> 1 trackback 0 0 24081 http://twitter.com/j_acn/status/182411562391306241 2012-03-21 10:21:20 2012-03-21 15:21:20 Sticks, Stones, Cell Phones http://t.co/e2YZMANY]]> 1 trackback 0 0 24082 http://twitter.com/cardlesspay/status/182411559585333248 2012-03-21 10:21:19 2012-03-21 15:21:19 Sticks, Stones, Cell Phones: Sticks, Stones, Cell Phones. 03/20/2012 | Author Nancy S. The relative ease of elec... http://t.co/pOvMA1jN]]> 1 trackback 0 0 24083 http://twitter.com/cardlesspayer/status/182411558113132544 2012-03-21 10:21:19 2012-03-21 15:21:19 Sticks, Stones, Cell Phones: Sticks, Stones, Cell Phones. 03/20/2012 | Author Nancy S. The relative ease of elec... http://t.co/niJ1WbOV]]> 1 trackback 0 0 24084 http://twitter.com/andreabaker2/status/182411557613998080 2012-03-21 10:21:19 2012-03-21 15:21:19 Sticks, Stones, Cell Phones: Sticks, Stones, Cell Phones. 03/20/2012 | Author Nancy S. The relative ease of elec... http://t.co/nAfm4GND]]> 1 trackback 0 0 24085 http://twitter.com/natebrown321/status/182411555688824834 2012-03-21 10:21:18 2012-03-21 15:21:18 Sticks, Stones, Cell Phones: Sticks, Stones, Cell Phones. 03/20/2012 | Author Nancy S. The relative ease of elec... http://t.co/XqBhBv7a]]> 1 trackback 0 0 24086 http://twitter.com/digitaltweeter/status/182411555500077056 2012-03-21 10:21:18 2012-03-21 15:21:18 Sticks, Stones, Cell Phones http://t.co/CdtWuwkX]]> 1 trackback 0 0 24087 http://twitter.com/kasitopshayela/status/182554300399108096 2012-03-21 19:48:31 2012-03-22 00:48:31 Sticks, Stones, Cell Phones http://t.co/r8cDRfJF #KasiTopShayela]]> 1 trackback 0 0
    KONY 2012: "Historical" Search http://westreferenceatt.3fivelab.com/2012/03/kony-2012-historical-search/ Fri, 23 Mar 2012 23:08:09 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5085 KONY 2012 video now has nearly 84 million views. The video, produced by the non-profit,  Invisible Children ,  feature's Joseph Kony, a leader of  The Lord’s Resistance Army in Uganda. He is currently wanted for war crimes.  The video has been the subject of some recent criticism:
    Well, the biggest issue that I've raised or perhaps the easiest to understand to begin with is that the Lord's Resistance Army, led by Joseph Kony, was actually forced out of Uganda by the Ugandan military in 2006. So I came to start paying attention to this "Kony 2012" campaign because all of a sudden on all of the places that I monitor - things happening in Uganda - there were these hordes of people saying stop the war in northern Uganda. Let's go to northern Uganda and get rid of Kony. And there is no war in northern Uganda anymore, not since 2006. The LRA is still what I like to call a regional wrecking ball. It's still raiding and massacring and abducting in neighboring countries, but northern Uganda itself is peaceful.
    For background on Kony, try

    Database: WORLD-JLR

    Query: TI("JOSEPH KONY" "LORD RESISTANCE ARMY")  (WORLD-JLR)

    This search yields 9 RESULTS.  Notably, it looks like most of these are articles are a touch dated, (2002-2006). However,  the Harvard Human Rights Journal had a great historical background of the Army and Kony. The article gave a brief background of Joseph Kony:
    “The LRA has been active since the late 1980s, when Joseph Kony, a self-proclaimed messianic prophet, began his mission to free the Acholi people of northern Uganda by overthrowing the government and installing a system based on the Biblical Ten Commandments. The LRA was the last of a string of rebel movements that arose after Museveni seized power in 1986. H. Abigail Moy, The International Criminal Court's Arrest Warrants and Uganda's Lord's Resistance Army: Renewing the Debate over Amnesty and Complementarity, 19 Harv. Hum. Rts. J. 267 (2006) at 267.
    The article also pointed out what crimes the ICC (International Criminal Court) accused Kony of. It states:
    “In accordance with the limits on the ICC's jurisdiction, the Court's arrest warrants focus on events from 2002 onwards. The ICC alleges that LRA leader Joseph Kony issued specific orders in mid-2002 and late 2003 to attack, kill, loot, and abduct civilian populations, including those living in IDP camps. Luis Moreno Ocampo, the ICC Prosecutor, has submitted evidence supporting the allegation that the LRA commanders named in the warrants directly participated in carrying out these orders. Of the five people identified for arrest, Joseph Kony has the most counts against him: twelve counts of crimes against humanity including murder, enslavement, sexual enslavement, rape, and inhumane acts of inflicting serious bodily injury and suffering, as well as twenty-one counts of war crimes, including cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging, rape, and the forced enlisting of children." Id at 268-269.

    Research References:

    For more recent information without the You-Tube references, try the following searches:  

    Database: world-jlr

    Query: da(aft 2006) & atleast4(kony) & l.r.a. "lord resistance army"

       

    Results: 57

    Database: allnews, rallnewsplus, or blogsod

    Queryda(aft 2006) & JOSEPH /2 KONY & L.R.A. "LORD RESISTANCE ARMY" % FACEBOOK YOU-TUBE SOCIAL-MEDIA

    The ICC website can be searched as well:    

       ]]>
    5085 2012-03-23 18:08:09 2012-03-23 23:08:09 open open kony-2012-historical-search publish 0 0 post 0 _topsy_cache_timestamp _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _jd_tweet_this _topsy_long_url topsy_short_url _wp_jd_wp _wp_jd_yourls _wp_jd_bitly _wp_jd_clig _jd_twitter _encloseme topsy_short_url _topsy_long_url 24088 http://twitter.com/westlawrefatty/status/183329330087198720 2012-03-23 23:08:13 2012-03-24 04:08:13 New post: KONY 2012: "Historical" Search http://t.co/zmBkfr0a]]> 1 trackback 0 0 24089 http://twitter.com/burgerlibrary/status/183644755501137920 2012-03-24 20:01:36 2012-03-25 01:01:36 West Reference Attorney Blog: KONY 2012: “Historical” Search http://t.co/vq1vDU2b]]> 1 trackback 0 0 24090 hawksfan2009@yahoo.com http://www.affiliateoverthrowreviews.com/ 99.1.204.231 2012-06-08 16:02:00 2012-06-08 21:02:00 0 0 0
    Nokia’s Vibrating Tattoo http://westreferenceatt.3fivelab.com/2012/04/nokias-vibrating-tattoo/ Thu, 12 Apr 2012 13:21:18 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5114 a very interesting story about Nokia's  patent application for tattoos inserted under the skin that alerts a user when their cell phone rings, or has a new message or text or if their battery is low.  US PAT APP 20120062371, HAPTIC COMMUNICATION.  The abstract section of the patent application states,
    “In accordance with an example embodiment of the present invention, an apparatus comprises: a material attachable to skin, the material capable of detecting a magnetic field and transferring a perceivable stimulus to the skin, wherein the perceivable stimulus relates to the magnetic field.”
    Remarkably, "cyborg" appears less frequently in the case law (54 times) than  "ferromagnetic"   (83 times) - as in "ferromagnetic tattoo ink". RESEARCH REFERENCES

    Westlaw Database: US Patent Applications (US-PAT-APP)

    Query: DA(3/2012) & NOKIA & TATTOO

      Sample Prior Art Approach:

    The US Class code is 340/407.1 (Tactual indication).  The IPC is G08 6/00 (Tactile signalling systems). Using Stedman's Medical Dictionary (STEDMANS), we found alternative terms for skin (query: ti(skin)): epidermis and corium (dermis). SYN: cutis.

    Westlaw Database: US Utility Patents (US-UTIL)

    Query: 340/407.1 G08-6/00 & TI,AB(TATTOO SKIN EPIDERMIS CORIUM DERMIS CUTIS)

    KeyCite

    I am monitoring this patent application with a KeyCite Alert. Once you pull up the patent application, you can set up a KeyCite Alert by clicking on the link on the left side “Monitor with KeyCite Alert” and the set up wizard will take you through the steps to set it up.

       ]]>
    5114 2012-04-12 08:21:18 2012-04-12 13:21:18 open open nokias-vibrating-tattoo publish 0 0 post 0 topsy_short_url _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url _edit_last _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _encloseme _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url 24091 http://twitter.com/westlawrefatty/status/190429594665496577 2012-04-12 13:22:08 2012-04-12 18:22:08 New post: Nokia’s Vibrating Tattoo http://t.co/HAjPVufX]]> 1 trackback 0 0 24092 http://twitter.com/tattoofull/status/190526014026285057 2012-04-12 19:45:16 2012-04-13 00:45:16 Nokia's Vibrating Tattoo http://t.co/SP4l7TWh]]> 1 trackback 0 0 24093 http://twitter.com/tattoomania/status/190541521743921153 2012-04-12 20:46:53 2012-04-13 01:46:53 Nokia's Vibrating Tattoo http://t.co/Ho2MwMLD]]> 1 trackback 0 0 24094 Tabet37@yahoo.com http://nametattoodesigns.org 184.82.142.202 2012-05-11 16:45:59 2012-05-11 21:45:59 0 0 0 24095 Lucas_Worlds@gmail.com http://10top10.blogspot.com 180.149.7.214 2012-12-12 23:00:43 2012-12-13 05:00:43 0 0 0
    Stand Your Ground http://westreferenceatt.3fivelab.com/2012/04/stand-your-ground/ Wed, 04 Apr 2012 21:58:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5119 Robbins v. State, “A person is justified in using deadly force in self-defense if he or she reasonably believes such force is necessary to protect one's self from imminent death or great bodily harm; the circumstances must be such that the defendant had cause to think loss of life or serious injury is imminent.” (891 So.2d 1102) The primary difference between common-law self-defense and “Stand Your Ground” is the matter of retreat. While “Stand Your Ground” abolished the duty to retreat, common-law self-defense requires one--outside of the home or curtilage--to retreat if possible, and if doing so will avoid the need to use deadly force. (Falco v. State, 407 So. 2d 203) RESEARCH REFERENCES Database/Content Category: Florida Hist. Legislative Service (FL-LEGIS-OLD) Search"deadly force" & da(2005) (1 doc) Database/Content Category: Florida Cases (FL-CS) Search: SY,DI("SELF-DEFENSE" /S "DEADLY FORCE" /S JUSTIF!) % ("NON-DEADLY FORCE" /S "SELF DEFENSE" "NOT JUSTIF!") (22 Docs) Search: self-defense /s common-law (18 Docs)   Database: BLACKS Search: curitilage
    curtilage (k<<schwa>>r-t<<schwa>>-lij). (14c) The land or yard adjoining a house, usu. within an enclosure. • Under the Fourth Amendment, the curtilage is an area usu. protected from warrantless searches. — Also termed (in Latin) curtillium. See open-fields doctrine. Cf. messuage. [Cases: Searches and SeizuresKey Number27.]
     ]]>
    5119 2012-04-04 16:58:47 2012-04-04 21:58:47 open open stand-your-ground publish 0 0 post 0 topsy_short_url _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _topsy_long_url _encloseme 24096 http://twitter.com/westlawrefatty/status/187660528062173184 2012-04-04 21:58:51 2012-04-05 02:58:51 New post: Stand Your Ground http://t.co/8D41q9Hc]]> 1 trackback 0 0 24097 MccalliePilkenton19@hotmail.com http://nomadomaha.com/stamp/ 1.4.240.121 2013-05-07 01:34:30 2013-05-07 06:34:30 0 0 0 24098 pmiltono2455@gmx.com http://www.wholesaledefenseonline.com/blog/self-defense-videos/studying-personal-defense-the-easiest-way-with-chris-clugston/ 199.119.225.235 2013-07-19 11:07:54 2013-07-19 16:07:54 0 0 0
    The social network and the job hunt collide http://westreferenceatt.3fivelab.com/2012/04/the-social-network-and-the-job-hunt-collide/ Mon, 02 Apr 2012 20:06:32 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5126 facebook /s employ! /s potential applicant & da(last 30 days)

    Facebook itself has jumped into the fray, warning potential employers not to ask a potential employee for his or her password, and several U.S. Senators are pushing for a Department of Justice investigation into the practice.  See 2012 WLNR 6534354. Questions about this employment practice have been coming from a number of sources, and both sides of the political spectrum.  There has also been a spate of newly introduced legislation in response to this practice, with more states introducing legislation seemingly daily.  Minnesota is among the most recent, with a bill in the Minnesota Senate, 2011 MN S.F. 2565 (NS), and it's companion bill in the Minnesota House, 2011 MN H.F. 2963 (NS). Minnesota joins California (2011 CA A.B. 1844 (NS)), Maryland (2012 MD S.B. 433 (NS)), and Illinois (2011 IL H.B. 3782 (NS)) in considering legislation to prohibit this practice.  It seems likely more states will follow. To stay up to speed on the status of these bills, or when new bills are filed in any state, you can set up a WestClip in the BILLTXT database using the following query:

    employer /p username password (social +1 network! media) facebook e-mail

    To watch for federal legislation on this topic, you can run the same query in CONG-BILLTXT. It seems certain that the debate on this issue will continue and grow going forward, so it will be very interesting to watch the legislative developments and the number of states that consider bills to address this yet this session.]]>
    5126 2012-04-02 15:06:32 2012-04-02 20:06:32 open open the-social-network-and-the-job-hunt-collide publish 0 0 post 0 _jd_twitter topsy_short_url _topsy_long_url topsy_short_url _topsy_cache_timestamp _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url _encloseme 24099 http://twitter.com/laurenyoung/status/187190867512147968 2012-04-03 14:52:35 2012-04-03 19:52:35 The social network and the #job hunt collide - http://t.co/78qNeuTj]]> 1 trackback 0 0 24100 http://twitter.com/thomsonreuters/status/187190408294580224 2012-04-03 14:50:45 2012-04-03 19:50:45 The social network and the #job hunt collide - http://t.co/78qNeuTj]]> 1 trackback 0 0 24101 http://twitter.com/valmoredapap/status/187192986499686401 2012-04-03 15:01:00 2012-04-03 20:01:00 Leyendo (ENG) 'La red social y la búsqueda de empleo chocan' http://t.co/Dbz9webw" @thomsonreuters]]> 1 trackback 0 0 24102 http://twitter.com/thetisresearch/status/187196111000317952 2012-04-03 15:13:25 2012-04-03 20:13:25 The social network and the #job hunt collide - http://t.co/78qNeuTj]]> 1 trackback 0 0 24103 http://twitter.com/keljochase/status/187195748683755522 2012-04-03 15:11:59 2012-04-03 20:11:59 “The social network and the jobhunt collide - http://t.co/DAzr9zzI” @AmybRitchie @lindseysjobeck @ALYSSA_NIMMO. I want an article brief now]]> 1 trackback 0 0 24104 http://twitter.com/ccca_news/status/187208142264872960 2012-04-03 16:01:13 2012-04-03 21:01:13 RT@thomsonreuters The social network and the #job hunt collide - http://t.co/s6hcBFxz]]> 1 trackback 0 0 24105 http://twitter.com/burgerlibrary/status/187260810144387073 2012-04-03 19:30:30 2012-04-04 00:30:30 Re: employers asking for passwords. The social network and the job hunt collide - West Ref Atty Blog http://t.co/uURPIrpU]]> 1 trackback 0 0
    Orphan Arguments http://westreferenceatt.3fivelab.com/2012/03/orphan-arguments/ Fri, 30 Mar 2012 16:44:42 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5133 Pub. L. 111-148 and less formally known as Obamacare, had its day in court this week.  Actually, it was 3 days. The following search on Westlaw.com will retrieve all of this week’s oral arguments concerning the health care law:

    Search - da(aft 3/25/2012) & COURT (4 Docs) in SCT-ORALARG

    Day 1 - 2012 WL 993811

    Day 2 - 2012 WL 1017220

    Day 3 -2012 WL 1031485

    Day 3 - 2012 WL 1031484

    'ORPHAN' ARGUMENTS

    There is a great deal to be said about the legislation and the litigation, and I’m sure some of my colleagues will say a great deal about it.  Personally, I was fascinated by the arguments of Robert Long on the Anti-Injunction Act during the Monday session.  Not the part where Mr. Long actually discussed the anti-injunction act, but the fact that an attorney was allowed to put forth an argument that none of the parties was making. A little over a year ago, the New York Times ran an article on the court’s practice of appointing counsel to take up ‘orphan arguments,’ legal positions that could be argued but which none of the parties is willing to support.  The article can be found at 2010 WLNR 24688454. Not long after that article, a Note in the Stanford Law Review addressed this same topic, it can be found at 63 Stan. L. Rev. 907. If you want to see some of the cases where counsel has been appointed to make an argument for the amici, try the following search in the SCT-ORALARG database:

    court /3 appoint! /s amic!

    I found 14 results, but after Wednesday’s oral arguments are loaded there will be more; Bartow Farr, III spent Wednesday morning arguing the issue of severability in the PPACA litigation.  He is the second court-appointed counsel in that case.]]>
    5133 2012-03-30 11:44:42 2012-03-30 16:44:42 open open orphan-arguments publish 0 0 post 0 _wp_jd_clig _wp_jd_bitly _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24106 http://twitter.com/westlawrefatty/status/185769548887244800 2012-03-30 16:44:46 2012-03-30 21:44:46 New post: Orphan Arguments http://t.co/MCcBgWyp]]> 1 trackback 0 0
    To Uphold Or Not To Uphold: Health Care Reform’s Fate In The Hands of The Justices http://westreferenceatt.3fivelab.com/2012/03/to-uphold-or-not-to-uphold-health-care-reforms-fate-in-the-hands-of-the-justices/ Fri, 30 Mar 2012 16:43:55 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5142 PL 111-148, March 23, 2010, 124 Stat 119) related to Obama’s health reform as the biggest U.S. constitutional case since President Roosevelt’s New Deal Laws in the 1930s. (try a search such as DA(AFTER 3/20/2012) & SUPREME-COURT & ARGUMENT & HEALTH & ROOSEVELT in the ALLNEWSPLUS database). This case is of significant political impact, particularly this year, an election year. The Oral Arguments were held over a period of three days. All the oral arguments are available on Westlaw. The audio of the oral arguments is available as well. See screen shot below. A USA Today article nicely summarizes the events and issues of the three days of the oral arguments and the article is entitled: 3 days that may reshape America, Oral arguments could affect the election -- and your health plans, 3/26/12 USATD 1A Day 1: On the first day the Court heard arguments on the issue of whether not purchasing health insurance was a tax or a penalty under the Anti-Injunction Act of 1867. This Act bars challenges to tax laws before taxes are paid. If the Court decides this is a tax then this issue will be premature. Oral Arguments for Day 1 available on Westlaw at: DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Petitioners, v. FLORIDA, et al., 2012 WL 993811     Day 2: The Individual Mandate: The issue appears to be the heart of the case. The government argued that Congress has the power to regulate interstate commerce. The opponents argued that the question is not whether Congress can regulate interstate commerce but rather can Congress compel people to enter into commerce. Oral Arguments for Day 2 available on Westlaw at: DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Petitioners, v. FLORIDA, et al., 2012 WL 1017220 Day 3: On the third day, the Court heard arguments related to whether the entire law should be struck down if the individual mandate is found to be unconstitutional or can the Court uphold the rest of the law while striking down the hotly contested individual mandate. A second issue that was argued on this day related to the Medicaid Expansion. Oral Arguments for Day 3 available on Westlaw at: FLORIDA, et al., Petitioners, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., 2012 WL 1031485 and NATIONAL FEDERATION OF INDEPENDENT BUSINESS, et al., Petitioners, v. Kathleen SEBELIUS, Secretary of Health and Human Services, et al.; Florida, et al., Petitioners, v. Department of Health and Human Services, et al., 2012 WL 1031484 The Supreme Court is expected to rule on these issues by late June of this year. See, 3/29/12 NYT A1]]> 5142 2012-03-30 11:43:55 2012-03-30 16:43:55 open open to-uphold-or-not-to-uphold-health-care-reforms-fate-in-the-hands-of-the-justices publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _encloseme 24107 http://twitter.com/westlawrefatty/status/185769353227141121 2012-03-30 16:43:59 2012-03-30 21:43:59 New post: To Uphold Or Not To Uphold: Health Care Reform’s Fate In The Hands of The Justices http://t.co/nJ5RODwb]]> 1 trackback 0 0 24108 http://twitter.com/joeunseen48/status/185932923600506881 2012-03-31 03:33:58 2012-03-31 08:33:58 To Uphold Or Not To Uphold: Health Care Reform's Fate In The ...: Many are calling the U.S. Supreme Court hearin... http://t.co/0Hh4sPaI]]> 1 trackback 0 0 24109 tolnoatyyfs@yahoo.com http://www.nfl.com 61.147.82.178 2012-12-12 23:15:13 2012-12-13 05:15:13 0 0 0 H.I.P.A.A. NOT H.I.P.P.A. http://westreferenceatt.3fivelab.com/2012/04/h-i-p-a-a-not-h-i-p-p-a/ Wed, 18 Apr 2012 15:53:22 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5172 why do some people abbreviate it with two Ps? A search in Allcases for H.I.P.A.A. (the periods are rarely used, but you would miss a few cases if you didn’t include them) finds 1773 results.  But a similar search for H.I.P.P.A. finds 599 results, despite the fact that there is only a single P in the name of the act.  Perhaps some of these are mere typos, but if you run H.I.P.P.A. % H.I.P.A.A., there are still 393 cases using only the mistaken acronym, with no mention of the original (some of these, it bears mentioning, are older, pre-HIPAA cases with a party name that appears similar, but a quick look at the result list shows that not all of the errors are of that sort).  I even tracked down 98 cases that use different acronyms within a paragraph of one another (H.I.P.A.A. /p H.I.P.P.A.).* The earliest** case using the second P is Wright v. Combined Ins. Co. of America, 959 F.Supp. 356, from February 3, 1997.  Note, however, that WestlawNext seems to know what we're looking for.  The following query pulled from Wright higlights "HIPPA" as well as "HIPAA."

    In HIPPA, the undersigned cannot find any "manifest congressional intent" to create a new federal cause of action which is removable to federal court....delivers the following results

    Click to Enlarge
    There is at least one earlier misspelling, from a 1996 article in the Health Lawyer (available at 9 No. 3. Health Law. 16). The mistaken acronym is sometimes even expanded into a full mistaken name for the act with the different "Ps" standing for some mix of ‘privacy,’ ‘protection’ and ‘portability.’  A locate within the earlier H.I.P.P.A. results for “health /s information /s privacy portability /s protection” yields 26 results.  Of those, one, the opinion in Boese v. Slaughter, 2007 WL 1071924, bears mention, as it goes out of its way to tell the reader HIPPA is, to quote Magistrate Judge Strong, an ‘inaccurate acronym.’   *A few cases even refer to H.I.P.P.A.A. **This is easily determined by running H.I.P.P.A. with a shifting date restrictor, which just means using a date restrictor and moving the relevant date a few years at a time until you get a manageable result list. H.I.P.P.A. finds 596 in allcases, but adding da(bef 2000) finds only 34, and changing it to 1998 takes that down to 31, most of which are pre-HIPAA references to someone with the last name ‘Hipp.’]]>
    5172 2012-04-18 10:53:22 2012-04-18 15:53:22 open open h-i-p-a-a-not-h-i-p-p-a publish 0 0 post 0 topsy_short_url _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _encloseme 24110 http://twitter.com/westlawrefatty/status/192641997541093376 2012-04-18 15:53:25 2012-04-18 20:53:25 New post: H.I.P.A.A. NOT H.I.P.P.A. http://t.co/FN4o9Gho]]> 1 trackback 0 0 24111 jr9del@gmail.com 173.76.23.247 2012-07-31 10:44:18 2012-07-31 15:44:18 0 0 0
    Incorporated by Reference http://westreferenceatt.3fivelab.com/2012/05/incorporated-by-reference/ Wed, 02 May 2012 13:28:49 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5188 A few weeks ago, while listening to public radio’s “On the Media” program, I heard an interesting interview with Carl Malamud, of Public.Resource.Org. Mr. Malamud was discussing public standards created by private or industry organizations that have been incorporated by reference into the Code of Federal Regulations and other administrative codes. The conversation focused on the general unavailability of these standards to the public, and how you often must purchase the standards from the entity who drafted the particular standards, which can get expensive. Mr. Malamud’s argument is that if language is incorporated by reference into the administrative code, and enforceable as law, it should be publicly available, as it is no longer private property. Mr. Malamud mentioned the 2002 Veeck case (49 F.Supp.2d 885), where a Texas web-developer purchased the Model Building Code (incorporated by reference into the Texas Building Code) and placed it online. That case went up to the 5th Circuit.  See 293 F.3d 791. The 5th Circuit found that while the Model Building Code might have had copyright protection as a Model Code,  it was no longer copyrightable once it was incorporated into the Texas Code.  This decision was specific to the Texas Building Code situation though, and does not necessarily extend to law incorporated into the Code of Federal Regulations. The Veeck decision has seen some serious criticism.  William Patry calls the decision "deeply flawed" and concludes:
    Given the increasing tendency of government to adopt ready-made codes developed by private industry, there will likely be more such cases. So long as the public is not denied access (thereby eliminating any due process concerns), it will benefit from the lower costs made possible by private development. Copyright in such works should be upheld. Rules developed in the 19th century no longer fit the increased budgetary pressures on government and the wide dissemination made possible by the Internet. Private companies play a significant role in creating and disseminating a wide variety of materials used by government with the consent of those governments. Those creative efforts are deserving of protection, absent compelling evidence that the public is being denied access by virtue of the copyright. The desire of competitors to free-ride on the efforts of others has no bearing on whether access is, in fact, already present.
    2 Patry on Copyright § 4:84
     
    Patry also argues that, "the majority also brushed off a determinative statutory provision, 17 U.S.C.A. § 201(e)."
    But, a fair number of Veeck's 283 citing references continue to cite 'broad policy considerations' as reason for why standards should fall outside the copyright protection.  See for example, Pamula Samuelson's,  Questioning Copyrights in Standards, 48 B.C. L. Rev. 193.  Mr. Malamud’s organization has purchased a number of copyrighted standards that he intends to publish online to force the issue in regards to the CFR. PublicResource's CodeCity is here. ADDITIONAL RESEARCH REFERENCES WestlawNext search in secondary sources:

    veeck & private or industry standards incorporated by reference into regulation

    Relevant results inlcude:

    Lawrence A. Cunningham, Private Standards in Public Law: Copyright, Lawmaking and the Case of Accounting, 104 Mich. L. Rev. 291 (2005)

    Katie M. Colendich, Who Owns “The Law”? The Effect on Copyrights When Privately-Authored Works Are Adopted or Enacted by Reference into Law, 78 Wash. L. Rev. 589 (2003)

    Shubha Ghosh, Copyright as Privatization: The Case of Model Codes, 78 Tul. L. Rev. 653 (2004)

    ]]>
    5188 2012-05-02 08:28:49 2012-05-02 13:28:49 open open incorporated-by-reference publish 0 0 post 0 topsy_short_url _slidedeck_slide_title _topsy_long_url _encloseme _topsy_long_url _topsy_cache_timestamp _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target topsy_short_url 24112 http://twitter.com/westlawrefatty/status/197679055565369346 2012-05-02 13:28:54 2012-05-02 18:28:54 New post: Incorporated by Reference http://t.co/JwSYq8g4]]> 1 trackback 0 0 24113 http://twitter.com/carlmalamud/status/197717621007855617 2012-05-02 16:02:08 2012-05-02 21:02:08 Post by the West Reference Attorney blog on incorporation by reference. http://t.co/VB5JVlxs]]> 1 trackback 0 0 24114 http://twitter.com/richards1000/status/197743245009223680 2012-05-02 17:43:58 2012-05-02 22:43:58 Post by the West Reference Attorney blog on incorporation by reference. http://t.co/VB5JVlxs]]> 1 trackback 0 0 24115 http://twitter.com/ejwalters/status/197741987422674944 2012-05-02 17:38:58 2012-05-02 22:38:58 Post by the West Reference Attorney blog on incorporation by reference. http://t.co/VB5JVlxs]]> 1 trackback 0 0
    Law Firm Ownership and its Discontents http://westreferenceatt.3fivelab.com/2012/05/law-firm-ownership-and-its-discontents/ Tue, 01 May 2012 21:05:53 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5195 negotiated an extension on its current debt, giving it time to get its house in order. The Economist covered Dewey’s troubles last week (article also available at 2012 WLNR 8835899).  That article discusses why it can be difficult for professional partnership businesses (such as law firms) to escape downward debt spiral, because the firm can’t meet obligations by liquidating assets (a professional corporation’s only real assets are the professionals), and can’t resort to the market for funding, as a public company would. The comparison of law firms and public companies is a fascinating one, especially this year.  In January, a public company, Quindell Portfolio, filed for a license to purchase British personal injury firm Silverbeck Rymer.  This moment has been anticipated for some time, after Britain’s Legal Services Act of 2007, which, among a series of other reforms, allowed law firms to be owned in part by non-lawyers.  See UK ST 2007 c. 29 Pt 5 s. 71 et seq (Research Note: run the bolded portion of this citation as a find to deliver the document on Westlaw.  The "Arrangement of Act" link delivers the Act's table of contents.).    Approval of the sale by the relevant regulatory agencies is still pending. In the United States, only the District of Columbia allows any profits from the practice of law to flow to non-lawyers (see D.C. Rule of Professional Conduct 5.4(b)).  In recent years, though, there has been increasing discussion of changing the rules to allow for greater non-lawyer participation in firm ownership and governance, including in the halls of the American Bar Association.  See 22 No. 1 Experience 5.  For more material on these debates, try the following search from the Secondary Sources page on WestlawNext:

    Search: alternative /3 law legal /3 practice firm business /3 structure organization

    Result: 45 Documents

    Filters: You can use the filters on the left to look specificially at law review articles or CLE materials (i.e. ALI-ABA and PLI).

      Almost half of the results are from the past 5 years, which suggests increased interest in a change from the partnership model.  One day, Dewey & LeBoeuf may be remembered as one of the last firms to face down a debt crisis without the ability to look to the public for aid.]]>
    5195 2012-05-01 16:05:53 2012-05-01 21:05:53 open open law-firm-ownership-and-its-discontents publish 0 0 post 0 topsy_short_url _topsy_long_url _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _encloseme _wp_jd_clig _jd_twitter _jd_tweet_this _topsy_cache_timestamp topsy_short_url _topsy_long_url 24116 http://twitter.com/westlawrefatty/status/197431687653765120 2012-05-01 21:05:57 2012-05-02 02:05:57 New post: Law Firm Ownership and its Discontents http://t.co/b1IUIKPR]]> 1 trackback 0 0
    Paying for the Diamond Jubilee http://westreferenceatt.3fivelab.com/2012/05/paying-for-the-diamond-jubilee/ Mon, 14 May 2012 20:38:01 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5214 17 U.S.C.A. Section 105, copyright is unavailable for works of the U.S.  government or its employees. Jill’s excellent post last week highlighted the fact that state agencies and the states themselves don't necessarily share the policy.  Instead state " [l]egislatures may also be tempted to impose statutory restrictions on information in order to raise revenues from new sources or to accomplish other purposes," notes Robert Gellman in a 1995 Syracuse Law Review. 45 SYRLR 999. Could it be enough to defray the cost of the Diamond Jubilee? Hard to say. Copyright for government works in the the UK and in several  members of her Commowealth, vests in Her Majesty the Queen under what's called,  Crown Copyright.  See, for example,  R.S.C. 1985, c. C-42, s. 12 and McKeown: Fox on Canadian Law of Copyright and Industrial Designs (FoxCopyright 18). This 2005 article from the International Journal of Law and Technology by Dr. Stephen Saxby cites to a 1995 Green Paper (pdf) which calculated 95-96 revenue came to £199,318,500.  The Telegraph estimates much more than that for the Jubilee. This is also interesting because the United States is a signatory to the Berne Convention.  Signatories must extend the same protection to foreign material that they would extend had the same work been created domestically (this summary elides a great deal of detail and nuance).  This raises the specter that a country which extends copyright protection to its own government works would have to similarly extend protection to American government works, even though the U.S. government extends no protection domestically.  For a discussion of that scenario, see footnote 49 in 48 STJIL 185. Other Research References

    To see the British law on Crown Copyrights, try the search crown /2 copyright in UK-ST. I found 32 results.

    The Berne Convention on Westlaw.  The relevant database is IEL (International Economic Law Documents) and the relevant search is ti(“berne convention”), and the results show both the original agreement and subsequent amendments.

    Finally, 2002 SYLTJ 1 gives a brief description how easy it would be to register an American government document with the Canadian Copyright office.

     ]]>
    5214 2012-05-14 15:38:01 2012-05-14 20:38:01 open open paying-for-the-diamond-jubilee publish 0 0 post 0 _jd_tweet_this _topsy_long_url topsy_short_url _wp_jd_clig _jd_twitter _encloseme _topsy_cache_timestamp topsy_short_url _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly 24117 http://twitter.com/westlawrefatty/status/202135724814893056 2012-05-14 20:38:06 2012-05-15 01:38:06 New post: Paying for the Diamond Jubilee http://t.co/1ixige3d]]> 1 trackback 0 0 24118 http://twitter.com/samanthapine/status/202364288332083200 2012-05-15 11:46:20 2012-05-15 16:46:20 Paying for the Diamond Jubilee: Instead state ” [l]egislatures may also be tempted to impose statutory restricti... http://t.co/xFKX5zyL]]> 1 trackback 0 0
    5 Nuggets of Summer Associate Wisdom http://westreferenceatt.3fivelab.com/2012/05/5-nuggets-of-summer-associate-wisdom/ Tue, 15 May 2012 21:30:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5224 These days, tips for summer associates come in many forms. This NYU Memo is a gem - hat tip Constitutional Daily. Throughout the summer, Westlaw Reference Attorneys will be serving summer associates in our own way -- in any way we can. Be it over the phone (1-800-REF-ATTY), on this Blog, on Twitter (@WestlawRefAtty), or on Facebook. To start off, we collected nuggets of summer associate wisdom from former summer associates (now Westlaw Reference Attorneys).  Here are 5 tips from Westlaw Reference Attorneys who worked at Dorsey & Whitney; one in the summer of 2005, the other in 2007.   1. Learn the name of each attorney at the firm that is involved in the summer associate program.  Usually there is a committee at the firm.  Take advantage of every opportunity you have to meet and speak with them, as they often are the ones making the final hiring decisions.   2. Everyone is just as stressed as you are.     3. Being a summer associate is all about building relationships in your prospective firm.  Make it a priority to attend as many summer associate events as possible.  Not only will it signal to the recruiting attorneys that you are interested in and enthusiastic about the firm, but it also gives you a chance to meet many of the firm’s attorneys which could inform your decision as to which practice area of the firm to join.   4. Always have a positive, supportive attitude in interacting with fellow summer associates, even if you are competing with them for a limited number of job offers.  You will not make a positive impression on the firm if you are unsupportive or, worse, undermine your co-workers.     5. If you make a mistake, admit it honestly to the appropriate attorney.  No attorney is perfect, and it’s very likely that the consequences of having made a mistake will be much less serious than those of an attempt to hide a mistake.    ]]> 5224 2012-05-15 16:30:46 2012-05-15 21:30:46 open open 5-nuggets-of-summer-associate-wisdom publish 0 0 post 0 _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _edit_last _jd_post_meta_fixed _wp_jd_url _wp_jd_target _jd_wp_twitter _encloseme _topsy_long_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url 24119 http://twitter.com/westlawrefatty/status/202511395609255936 2012-05-15 21:30:53 2012-05-16 02:30:53 New post: 5 Nuggets of Summer Associate Wisdom http://t.co/8quMq2Qz]]> 1 trackback 0 0 24120 http://twitter.com/happygolegal/status/202750054459645952 2012-05-16 13:19:14 2012-05-16 18:19:14 In need of some wisdom before starting your summer's associate position? This article provides just that> http://t.co/etgY9hCw]]> 1 trackback 0 0 24121 http://twitter.com/michelethomasm/status/202754236482715649 2012-05-16 13:35:51 2012-05-16 18:35:51 In need of some wisdom before starting your summer's associate position? This article provides just that> http://t.co/etgY9hCw]]> 1 trackback 0 0 24122 http://twitter.com/josiekgeorge/status/202769047048302592 2012-05-16 14:34:42 2012-05-16 19:34:42 @VictorRay62 In need of some wisdom before starting your summer associate position? This article provides just that> http://t.co/sh9KKuVm]]> 1 trackback 0 0 24123 http://twitter.com/mnlawschoolwl/status/202901726267850753 2012-05-16 23:21:55 2012-05-17 04:21:55 Nuggets of Summer Associate Wisdom: http://t.co/o67CEHE9 via @WestlawRefAtty #lawstudents @UofMNLawSchool @Cygnus360 @HamlineLaw @875Summit]]> 1 trackback 0 0 24124 http://twitter.com/burgerlibrary/status/203130542290501632 2012-05-17 14:31:09 2012-05-17 19:31:09 More summer associate advice. 5 Nuggets of Summer Associate Wisdom | West Ref Atty Blog http://t.co/4NwG2gLx]]> 1 trackback 0 0 24125 http://westreferenceattorneys.com/2012/05/note-to-summers-befriend-your-librarian/ 173.201.144.128 2012-05-17 16:26:35 2012-05-17 21:26:35 0 pingback 0 0 Collegiate Clowning Around http://westreferenceatt.3fivelab.com/2012/05/collegiate-clowning-around/ Fri, 18 May 2012 15:48:27 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5251 lambasted as being overly crude to the point of disrespecting and offending entire groups of people including homosexuals, immigrants, racial minorities, and women. Notably, The Connector is just the latest in a string of student newspapers to receive intense censure in the past few months for content appearing in satirical editions.  The papers at Rutgers University, Boston University, and the University of Missouri have each been criticized for editorial decisions related to April Fools’ issues. In most instances, the First Amendment provides broad protection and limits the action a public institution may take against an independently run student newspaper.  Indeed, the administration at UMass-Lowell, while condemning The Connector’s most recent exercise of editorial judgment (or lack thereof), recognizes and places high value on the freedoms of speech and of the press and, as such, has no future plans to censor the publication.  But even as the First Amendment safeguards against government censorship, threat of lawsuits brought by private individuals—for defamation, emotional distress, or intrusion into one’s privacy, for example—may still give pause to student newspapers as they push the limits of indecency in the name of a laugh. Having previously worked with the Student Press Law Center, I wished to delve further into the details of actions taken either against schools for their expurgatorial efforts or against the student publications themselves.  I was particularly interested in any information regarding settlements or jury verdicts.  I crafted the following simple search using WestlawNext:

    Search:  school newspaper spoofs

    Jurisdiction: All State & Federal

    From Filters, Search within results in Cases: TO(school university college student /p news****** paper publication publish journal! press)

    From Filters, Search within results in Jury Verdicts and Settlement Summaries: (school university college student /p news****** paper publication publish journal! press)

    Most interesting to me were the creative ways in which some settlements were reached.  In addition to the usual damages and attorneys’ fees, one newspaper agreed to run ads for free (2008 WL 6691482), another school promised to increase its funding for the student publication (2008 WL 6691482), and one settlement mandated donations to non-profit journalism organizations (2003 WL 23529612).  In order to organize my research and ensure easy access to these documents in the future, I went ahead and added them to my personal research folder. For additional news articles detailing public outcry over newspaper spoofs, run the same original search I ran above in the News content page on WestlawNext.]]>
    5251 2012-05-18 10:48:27 2012-05-18 15:48:27 open open collegiate-clowning-around publish 0 0 post 0 _slidedeck_slide_title _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last topsy_short_url _topsy_cache_timestamp _topsy_long_url _encloseme 24126 http://twitter.com/westlawrefatty/status/203512396239736833 2012-05-18 15:48:31 2012-05-18 20:48:31 New post: Collegiate Clowning Around http://t.co/FTURQ5yr]]> 1 trackback 0 0 24127 http://twitter.com/em_meyer/status/203619721340403712 2012-05-18 22:54:59 2012-05-19 03:54:59 Student newspapers spoofs--my blog post here: http://t.co/iEx3GZUR @WestlawRefAtty @SPLC #studentpress #medialaw #libel #firstamendment #in]]> 1 trackback 0 0 24128 http://twitter.com/franklomonte/status/203984464781651968 2012-05-19 23:04:20 2012-05-20 04:04:20 @em_meyer shows how to research the regrettably growing body of legal disputes over parody newspapers. http://t.co/pv2Lxdtd]]> 1 trackback 0 0 24129 http://twitter.com/em_meyer/status/204541522509692929 2012-05-21 11:57:53 2012-05-21 16:57:53 @em_meyer shows how to research the regrettably growing body of legal disputes over parody newspapers. http://t.co/pv2Lxdtd]]> 1 trackback 0 0
    Note to Summers: Tips from Law Librarians http://westreferenceatt.3fivelab.com/2012/05/note-to-summers-befriend-your-librarian/ Thu, 17 May 2012 21:26:28 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5268 Tips for Summer Associates from law schools are commonplace.  Earlier, we referenced NYU's memo.  Citing the New York Law Journal, the University of Connecticut reminds summers to be social, but not too social.  Last year, the University of Wisconsin-Madison noted that "legal research in a business setting may seem very different compared to your academic experience." True enough.  So, we asked a few large law librarians for their input.  Here’s what they had to say:   Use the firm's Library Take advantage of your firm librarians' knowledge. Put the librarian on your ‘resource-to-check list.’ Visit your library often and learn how to use its resources . . . both ‘E’ and hard copy.  Work with the Librarians and Reference Attorneys to setup search parameters. Bill Carefully Make sure you assign the correct client ID for any research you perform.  It cannot be changed. Also, your law firm password is not the same as your law school access. Any research you perform will be billed to a client.   Plan your research accordingly and, always bill your time. Research Carefully  Attend training sessions offered by the firm.  Take WL/WLN e-learning classes to refresh and/or perfect your research skills. Ask questions when you receive a research assignment, so that you are as clear as possible as to what the attorney would like you to find. Deliver your work in a timely manner. It is your professional and ethical responsibility to learn the tools of you chosen profession.  Most of all, ask questions before starting a project! Work Hard: Capitalize on all opportunities given to you during the summer. Ask questions. Demonstrate a willingness to learn. Work for as many attorneys as possible. Earn the respect of others by being respectful to those around you.  Special thanks to Susan Harlow,  Peggy Martin, and Account Managers  for their contributions to this post.]]> 5268 2012-05-17 16:26:28 2012-05-17 21:26:28 open open note-to-summers-befriend-your-librarian publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24130 http://twitter.com/westlawrefatty/status/203235071812055040 2012-05-17 21:26:31 2012-05-18 02:26:31 New post: Note to Summers: Befriend your Librarian http://t.co/3MivXLNc]]> 1 trackback 0 0 24131 http://twitter.com/arias_villa123/status/203954021948596224 2012-05-19 21:03:22 2012-05-20 02:03:22 Note to Summers: Tips from Law Librarians http://t.co/eRYFRYDd law, Miami,FL]]> 1 trackback 0 0 24132 http://twitter.com/lawschooltools/status/204568882877431808 2012-05-21 13:46:37 2012-05-21 18:46:37 RT @westlawschool: Entering into a new Summer Associate position? Note to Summers: Tips From Law Librarians > http://t.co/6hIPar34]]> 1 trackback 0 0 24133 http://twitter.com/nelbostoncso/status/204613797565050882 2012-05-21 16:45:05 2012-05-21 21:45:05 SUMMER TIP: Entering into a new Summer Associate position? Tips From Law Librarians http://t.co/KuMit6bW RT @WestLawSchool #summerlawjob]]> 1 trackback 0 0 Blogger Beware: The “Johnny Northside” case http://westreferenceatt.3fivelab.com/2012/05/blogger-beware-the-johnny-northside-case/ Tue, 29 May 2012 21:36:31 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5297 “Johnny Northside”) Hoff wrote a post on his locally popular blog that resulted in Jerry Moore being fired from his job. See the Star Tribune Article , 2012 WLNR 11034738. According to the Star Tribune story, Jerry Moore had been involved in a local community council and later was hired by the University of Minnesota to study mortgage foreclosures.  Hoff alleged on his website that Moore had been involved in mortgage fraud, and questioned why the University would hire him. A commenter (previously another defendant who later settled) called for Moore’s termination. The story states that Moore was fired by the University soon after the post appeared.   Moore sued Hoff in 2009 for defamation, intentional interference with employment contract, and interference with prospective advantage. His amended complaint can be found on Westlaw at 2009 WL 8181963   At trial, the jury found that while the post was truthful, Hoff  interfered with Moore’s employment contract and awarded Moore $35,000 for loss of benefits of his employment contract and $25,000 for emotional distress or harm to reputation. A jury verdict summary can be found at: 2011 WL 3622928 Hoff appealed and oral arguments occurred on May 23rd. Hoff argues that his blog post is protected by the 1st Amendment, but the question is whether speech encouraging termination of an individual’s employment goes beyond the protections of the 1st Amendment. The Court of Appeals docket can be found on Westlaw Classic or WestlawNext, with the docket number: A111923     RESEARCH REFERENCES  

    Case Law Search: While this story is centered around free speech and defamation issues, the better strategy for researching similar cases might be to begin by searching the tort of wrongful interference with an employment relationship.   The relevant KeyNumber is 231HIX.  Try,

    Query: 231HIX /p libel slander defam!

    Results: 88 (all case law jurisdictions)

     

    Or, simply combine the two relevant KeyNumbers into a single search.  Topic 237 is Libel and Slander:

     

    Query: to(231HIX) and to(237)

    Results: 434 (all case law jurisdictions)

    Locateto(231hix) (237) /p truth!

    Results: 119 of 434

     
    34 Causes of Action 2d 1 provides elements for wrongful interference with an employment relationship:
    (1) the existence and terms of an employment relationship;
    (2) the defendant's knowledge of the employment relationship;
    (3) the defendant's status as a “third party” to the relationship;
    (4) the defendant's conduct interfering with the plaintiff's employment, which conduct was improper in motive or means;
    (5) the defendant's intent to interfere ; and
    (6) a proximate causal relationship between the defendant's conduct and the plaintiff's termination from employment; and
    (7) damages resulting from the interference.
     
    ]]>
    5297 2012-05-29 16:36:31 2012-05-29 21:36:31 open open blogger-beware-the-johnny-northside-case publish 0 0 post 0 _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _jd_wp_twitter _jd_post_meta_fixed _wp_jd_url _wp_jd_target _wp_jd_wp _wp_jd_yourls _wp_jd_bitly _jd_twitter _wp_jd_clig _edit_last topsy_short_url _jd_tweet_this _topsy_long_url _encloseme 24134 http://twitter.com/westlawrefatty/status/207586258615152640 2012-05-29 21:36:35 2012-05-30 02:36:35 New post: Blogger Beware: The “Johnny Northside” case http://t.co/MkEhBOTt #Free_Speech]]> 1 trackback 0 0 24135 hoffjohnw@GMAIL.COM http://WWW.johnnynorthside.com 66.247.106.151 2012-09-06 21:00:55 2012-09-07 02:00:55 1 0 0 24136 dt210171@yahoo.com http://misadventuresofjohnnynorthside.blogspot.com/ 97.127.69.114 2012-09-14 14:42:28 2012-09-14 19:42:28 0 0 0 24137 Tomevenstad@live.com http://Www.tomevensTadswrongfulconviction.blogspot.com 173.30.94.218 2012-11-11 22:56:13 2012-11-12 04:56:13 0 0 0
    Renouncing U.S. Citizenship http://westreferenceatt.3fivelab.com/2012/05/renouncing-u-s-citizenship/ Tue, 22 May 2012 17:21:33 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5310 renunciation is announced the week before that plucky startup goes public.  As eveyone by now knows, Facebook.com had its Initial Public Offering last week, and Eduardo Saverin, one of the site’s founders, expatriated the same week.  Because of the timing of this move there was a perception that Mr. Saverin’s move was made to escape American Capital Gains tax.  This has brought increased scrutiny to 26 U.S.C. 877 and 877A, the ‘exit tax’ on U.S. citizens who voluntarily renounce their citizenship.  The tax covers assets held on the last date of citizenship.  In Mr. Saverin’s case, it’s estimated to be in the hundreds of millions of dollars.  Some in Congress believe this is too easy a tax dodge, and are introducing legislation to maintain capital gains taxation on former citizens.  Penatlies for non-payment would include a bar on re-entry.  If Facebook’s share price grows, this would severely reduce the tax benefits of relinquishing citizenship.  Of course, if the share price doesn’t grow, or actually falls from its I.P.O. price, then Mr. Saverin’s will turn out to have been an overpayment of tax.  Given share performance on Friday, he may have paid a premium for his decision to leave the U.S. when he did.  Research References The exit tax is exactly the sort of odd quirk of the Internal Revenue Code that scholars love to write about.  To see some of the current scholarship, try the following search in JLR: renounc! /s u.s. "united states" american /s citizenship /p tax! /s consequen!.  I found 18 hits. News reports have all referred to Mr. Saverin as either a founder or co-Founder of Facebook, but this has, infamously, not always been a settled issue.  The complaint he filed to be restored to founder status (as well as for monetary relief) can be found at 2006 WL 6627814.  A search for his name in Dock-All reveals 13 dockets, all related to the ownership of Facebook.]]> 5310 2012-05-22 12:21:33 2012-05-22 17:21:33 open open renouncing-u-s-citizenship publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme 24138 http://twitter.com/westlawrefatty/status/204985380506832896 2012-05-22 17:21:37 2012-05-22 22:21:37 New post: Renouncing U.S. Citizenship http://t.co/S488bQqJ]]> 1 trackback 0 0 24139 http://www.renouncemycitizenship.com/?p=35 184.154.21.186 2012-05-29 15:25:16 2012-05-29 20:25:16 0 pingback 0 0 Tracking Facebook's Botched IPO http://westreferenceatt.3fivelab.com/2012/05/tracking-facebooks-botched-ipo/ Thu, 24 May 2012 14:30:26 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5312 technical glitch delayed  trading by half an hour.  Less than a week later,  FINRA was calling for an inquiry into whether the IPO's underwriter, Morgan Stanley, selectively informed investors regarding reduced revenue projections. And then, a class action law suit.  A Washington Post article begins, "Almost four years after the financial crisis, Wall Street still can't get it right."  Here's a review of the materials you might monitor to stay on top of these issues:   Securities Regulators' Investigations

    NEWS: The Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) have expressed concern and the Massachusetts securities regulators have issued subpoenas for Morgan Stanley.

    The best place to find information regarding securities investigations is typically the news.  Usually only diligent reporters  hold this information because, as the SEC explains,

    All SEC investigations are conducted privately. Facts are developed to the fullest extent possible through informal inquiry, interviewing witnesses, examining brokerage records, reviewing trading data, and other methods. With a formal order of investigation, the Division's staff may compel witnesses by subpoena to testify and produce books, records, and other relevant documents.

    We started our research on this issue in WestlawNext in the News content category with the following search:  morgan stanley facebook subpoena.

    In Westlaw.com you can try a search in the ALLNEWSPLUS database such as: DA(AFTER 5/21/2012) & FACEBOOK & MORGAN-STANLEY & INVESTIGAT! SUBPOENA

    SEC Press Releases: The SECDOCS database contains documents released by the Securities and Exchange Commission including press releases. To date, however, we retrieved no recent, relevant Facebook documents.

    Dockets/Releases: If regulators later refer the matter to an Administrative Law Judge or the US District Courts, monitor the federal securities releases (FSEC-RELS) and the district court dockets (DOCK-DCT-ALL)

        Class Action Complaint

    A class action complaint was filed on May 23, 2012 in the United States District Court for the Southern District of New York, by shareholders who purchased the common stock of Facebook pursuant to the May 18, 2012 IPO seeking remedies under the Securities Act of 1933 alleging among other things that the Registration Statement and the Prospectus contained untrue statements of material facts and omissions of certain facts. We have this complaint available in our CourtWire archive because it was manually retrieved by one of our court runners. It is also now available in the DOCK-NY-SDCT database. The case caption is Brian Roffer Profit Sharing Plan v. Facebook (1:12-CV-04081). For information regarding docket tracking, download the free user guide for Court Express.

    Prospectus / Revised Prospectus

    For Facebook's Prospectus and Amended Prospectuses search the EDGAR database and with the following searches:

    CN(facebook) & FLNUM(333-179287) & AD(aft 04/30/2012), or

    Use the EDGAR template and run Facebook in Company Name and choose Prospectus from the Form/Filing Type checklist.

    The intrigue of Facebook makes even a securities filing an extremely interesting read. The Prospectus provides details of the offering and Page 12 of the Prospectus lists the “Risk Factors” for investing in Class A common stock of Facebook. I find it so interesting that one of the risk factors listed is, “Our CEO has control over key decision making as a result of his control of a majority of our voting stock.” After the IPO Mark Zuckerburg controls approximately 55.9% of the voting power of the Facebook’s outstanding capital stock. This makes Facebook a “controlled company” under the corporate governance rules for NASDAQ-listed companies. Page 80 of the Prospectus includes a letter from Mark Zuckerburg that gives insight into his business philosophy and may be one of the more relevant factors for anyone contemplating investing in the company.

    “Facebook was not originally created to be a company. It was built to accomplish a social mission -- to make the world more open and connected. We think it's important that everyone who invests in Facebook understands what this mission means to us, how we make decisions and why we do the things we do. I will try to outline our approach in this letter. At Facebook, we're inspired by technologies that have revolutionized how people spread and consume information. We often talk about inventions like the printing  press and the television -- by simply making communication more efficient, they  led to a complete transformation of many important parts of society. They gave more people a voice. They encouraged progress. They changed the way society was organized. They brought us closer together. Today, our society has reached another tipping point. We live at a moment when the majority of people in the world have access to the internet or mobile phones -- the raw tools necessary to start sharing what they're thinking, feeling and doing with whomever they want. Facebook aspires to build the services that give people the power to share and help them once again transform many of our core institutions and industries. There is a huge need and a huge opportunity to get everyone in the world connected, to give everyone a voice and to help transform society for the future. The scale of the technology and infrastructure that must be built is unprecedented, and we believe this is the most important problem we can focus on. We hope to strengthen how people relate to each other. Even if our mission sounds big, it starts small -- with the relationship between two people. Personal relationships are the fundamental unit of our society. Relationships are how we discover new ideas, understand our world and ultimately derive long-term happiness. At Facebook, we build tools to help people connect with the people they want and share what they want, and by doing this we are extending people's capacity to build and maintain relationships. People sharing more -- even if just with their close friends or families -- creates a more open culture and leads to a better understanding of the lives and perspectives of others. We believe that this creates a greater number of stronger relationships between people, and that it helps people get exposed to a greater number of diverse perspectives. By helping people form these connections, we hope to rewire the way people spread and consume information. We think the world's information infrastructure should resemble the social graph -- a network built from the bottom up or peer-to-peer, rather than the monolithic, top-down structure that has existed to date. We also believe that giving people control over what they share is a  fundamental principle of this rewiring. We have already helped more than 900 million people map out more than 100 billion connections so far, and our goal is to help this rewiring accelerate. We hope to improve how people connect to businesses and the economy. We think a more open and connected world will help create a stronger economy with more authentic businesses that build better products and services. As people share more, they have access to more opinions from the people they trust about the products and services they use. This makes it easier to discover the best products and improve the quality and efficiency of their lives.”
     ]]>
    5312 2012-05-24 09:30:26 2012-05-24 14:30:26 open open tracking-facebooks-botched-ipo publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24140 http://twitter.com/westlawrefatty/status/205667090563211265 2012-05-24 14:30:30 2012-05-24 19:30:30 New post: Tracking Facebook's Botched IPO http://t.co/1CcxrqIQ]]> 1 trackback 0 0
    Right to Die Tour http://westreferenceatt.3fivelab.com/2012/05/right-to-die-tour/ Fri, 25 May 2012 15:36:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5322 Final Exit Network, for its actions in the suicide of a Minnesota woman in 2007.  Final Exit Network has also been implicated in two other lawsuits in Georgia and Arizona for its participation in suicides in those states; however, most of the claims in those suits were dismissed because it was found that the group was only exercising its free speech rights in directing the decedents on how to commit suicide and in advertising its services to the general public.  See, Steve Karnowski's AP report: 5/14/12 AP Online Reg. - US 22:18:32.

    To keep track of the criminal indictment in the Minnesota case, you can set up a Westclip in ST-CRFILING-ALL with this query: (DT(INDICTMENT) & "final exit network" )

    The docket for the Georgia case can be found by searching docket number 2010CV187203 in the Georgia Dockets (or, DOCK-GA-ALL onWestlaw Classic) .

    Final Exit Network is the latest in a long line cases grappling with issues emanating from the use of medical assistance to hasten the end of life.  Some of the most notable cases include: Cruzan v. Director, Missouri Department of Health, 497 US 261, 110 S. Ct. 2841, 111 L. Ed. 2d 224 (1990) (finding that a mentally competent person has a constitutionally protected right to refuse unwanted medical treatment);  Washington v. Glucksberg, 521 U.S. 702, 117 S. Ct. 2258, 138 L. Ed. 2d 772 (1997) (finding that there was no “fundamental liberty interest” in a right to assistance in committing suicide); Gonzales v. Oregon, 546 U.S. 243, 126 S. Ct. 904, 163 L. Ed. 2d 748 (2006) (holding that the federal “Controlled Substances Act” provided no basis for preventing physician-assisted suicide under Oregon’s “Death with Dignity Act”). Only two states, Washington and Oregon, codified laws that allow physician-assisted suicide.  Oregon’s law, the Oregon Death with Dignity Act, can be found at O.R.S. § 127.800 et. seq. and the Washington Death with Dignity Act can be found at West’s RCWA 70.245.010 et. seq.   In Baxter v. State, 2009 MT 449, 354 Mont. 234, 224 P.3d 1211, the Montana Supreme Court also legalized physician assisted suicide, but the Montana legislature has not yet codified this rule.  In most other states, aiding and abetting suicide is a crime and some states have specifically criminalized physician-assisted suicide.  See the Westlaw 50-State Survey: Aggravating and Mitigating Factors for Homicide, 0030 SURVEYS 28 A rather simple search of “right to die” or “physician-assisted suicide” in ALLCASES in Westlaw or All State and Federal materials in WestlawNext will also bring up a wealth of materials on this subject. It is clear that unless one is a resident of Oregon, Washington, or Montana, seeking the help of a physician or other person in terminating one’s life could be quite precarious.  For this reason, many have chosen to travel to Switzerland, which has the most lenient physician-assisted suicide laws in the world.  This practice, known as “death tourism” or “suicide tourism” is rather controversial and has led to heightened scrutiny of Switzerland and its laws.  An interesting article on the subject can be found at: Alexander R. Safyan, A Call for International Regulation of the Thriving "Industry" of Death Tourism, 33 Loy. L.A. Int'l & Comp. L. Rev. 287 (2011)]]>
    5322 2012-05-25 10:36:44 2012-05-25 15:36:44 open open right-to-die-tour publish 0 0 post 0 _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _edit_last _jd_wp_twitter _jd_post_meta_fixed _wp_jd_wp _wp_jd_bitly _wp_jd_clig _wp_jd_url _wp_jd_yourls _wp_jd_target topsy_short_url _jd_tweet_this _jd_twitter _topsy_long_url _encloseme 24141 http://twitter.com/westlawrefatty/status/206046168982093825 2012-05-25 15:36:49 2012-05-25 20:36:49 New post: Right to Die Tour http://t.co/qcqkXhDr]]> 1 trackback 0 0 24142 Margaretdore@margaretdore.com http://www.choiceillusion.org 63.226.243.233 2012-05-27 15:17:34 2012-05-27 20:17:34 1 0 0 24143 CarrothersBreitenstein2611@yahoomail.com http://personalinjuryattorneysx.com/?tag=personal-floatation-devices 98.251.188.115 2012-08-26 18:42:53 2012-08-26 23:42:53 0 0 0
    DOMA on the ropes? http://westreferenceatt.3fivelab.com/2012/06/doma-on-the-ropes/ Mon, 11 Jun 2012 23:36:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5345 Bi-partisan Legal Advisory Group (BLAG) in  Windsor v. U.S., 2012 WL 2019716.  BLAG was not successful.  On June 6th, the U.S. Southern District of New York held DOMA violated equal protection under rational basis review.  Windsor is the latest in a string of decisions putting DOMA on life support. On July 8, 2010, U.S. District Court of Massachusetts Judge Joseph Tauro held Section 3 of the DOMA unconstitutional.  In Gill v. Office of Personnel Management (699 F. Supp. 2d 374), it was held that section 3 violates the Equal Protection clause of the 5th Amendment. Further, in the case of Commonwealth of Massachusetts v. Health and Human Services (689 F. Supp. 2d 234), Tauro ruled that section 3 also violates the 10th Amendment under which states derive the authority to regulate marriage. More recently, the United States Court of Appeals, First Circuit, found that denying federal benefits to married same-sex couples was unconstitutional (2012 WL 1948017).  Plaintiffs filed suit after being prevented from filing joint federal tax returns or collecting Social Security survivor benefits. “Under current Supreme Court authority, Congress' denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest,” posited Judge Michael Boudin. RESEARCH REFERENCES:

    Holder's statements can be found in the Department of Justice documents collection on Westlaw.  Run a 'find' for 2/23/11 DOJDOCS.  There are 42 documents.  Find, Statement of the Attorney General on Litigation Involving the Defense of Marriage Act and Letter from the Attorney General to Congress on Litigation Involving the Defense of Marriage Act.

    There's not a great deal to be found on BLAG.  A search on WestlawNext  (simply, adv: "bipartisan legal advisory group") across all content and in all jurisdiction delivers 159 results, half of which are briefs and filings.

    Section 3 of D.O.M.A., codified at 1 USCA 7, concerns the definition of “marriage” and “spouse.”

    Search - unconstitutional! /s "defense of marriage act" d.o.m.a. (22 Docs) ALLFEDS

    Search - ti(UNCONSTITUTIONAL! /S "DEFENSE OF MARRIAGE ACT" D.O.M.A.) (10 Docs) TP-ALL

    ]]>
    5345 2012-06-11 18:36:56 2012-06-11 23:36:56 open open doma-on-the-ropes publish 0 0 post 0 _topsy_cache_timestamp _jd_post_meta_fixed _slidedeck_slide_title _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _wp_jd_bitly _topsy_long_url topsy_short_url _jd_tweet_this _edit_last _wp_jd_clig _jd_twitter _topsy_long_url topsy_short_url _encloseme 24144 http://twitter.com/westlawrefatty/status/212327604194263040 2012-06-11 23:37:00 2012-06-12 04:37:00 New post: DOMA on the ropes? http://t.co/pS6sHxUN]]> 1 trackback 0 0 24145 Rosalinda_Karter@yahoo.com 118.98.160.42 2012-07-31 18:48:20 2012-07-31 23:48:20 0 0 0
    DOJ Affirms Right to Record the Police http://westreferenceatt.3fivelab.com/2012/05/doj-affirms-right-to-record-the-police/ Fri, 25 May 2012 20:43:38 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5355 letter  to the Baltimore Police regarding the pending case Christopher Sharp v. Baltimore City Police Department (complaint available on WestlawNext at 2011 wl 3861239), the United States Department of Justice outlines ways in which the Baltimore Police fall short in protecting the First, Fourth and Fourteenth Amendment rights of those who record public police activity. In Sharp, the Baltimore Police confiscated Mr. Sharp's cell phone. Mr. Sharp recorded the police forcibly arresting his friend at the Preakness Stakes.  His phone was returned only after officers erased all recorded content, including home videos of his young son. According to the complaint, Baltimore Police have a history of wrongly invoking the Maryland Wiretap Act (Md. Code Ann., Cts. & Jud. Proc. § 10-401 et seq.) and other laws to prevent the public from recording their activities. The DOJ letter suggests new guidelines that may serve as a model for police departments nationwide.  Most prominently, it states that department policies should affirm the First Amendment right to record police activity, clarify when an individual's actions constitute interference or obstruction, and clearly describe when police can seize recordings and recording devices without a warrant. To view the docket for the Sharp case, go to the Maryland Circuit Court Dockets on WestlawNext, and enter docket number 24-c-11-005636.  Select the "track" button to be updated with the latest filings.  For similar cases and court filings, choose the jurisdiction All State & Federal and run the following search on WestlawNext: Police "law enforcement" photographer "first amendment" constitution Select Cases or Trial Court Documents on the left side, then sort by date for the most recent documents.  For recent journal articles on the police and the public's right to record, including discussions of eavesdropping and wiretapping laws in this context, select the Secondary Sources link.]]> 5355 2012-05-25 15:43:38 2012-05-25 20:43:38 open open doj-affirms-right-to-record-the-police publish 0 0 post 0 _topsy_long_url topsy_short_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24146 http://twitter.com/westlawrefatty/status/206123393609764864 2012-05-25 20:43:41 2012-05-26 01:43:41 New post: DOJ Affirms Right to Record the Police http://t.co/9a16uUHl]]> 1 trackback 0 0 24147 http://twitter.com/knyeager/status/206178907148398593 2012-05-26 00:24:16 2012-05-26 05:24:16 New post: DOJ Affirms Right to Record the Police http://t.co/9a16uUHl]]> 1 trackback 0 0 24148 http://twitter.com/burgerlibrary/status/206864990202888192 2012-05-27 21:50:31 2012-05-28 02:50:31 DOJ Affirms Right to Record the Police | West Ref Atty Blog http://t.co/opMTBhqy]]> 1 trackback 0 0 Testing the bounds of the "spiritual treatment" exception http://westreferenceatt.3fivelab.com/2012/06/testing-the-bounds-of-the-spiritual-treatment-exception/ Tue, 19 Jun 2012 19:19:36 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5364 State v. Neumann, 2012 WL 1500112.  This case involves the application of a statutory exception to child abuse prosecution where a parent relies on "spiritual treatment" or "faith healing," and whether the parent can then be subject to prosecution for reckless homicide where the child dies due to lack of medical treatment. The Neumanns were the parents of an 11-year-old girl who died of a diabetes-related condition.  At the time their daughter became sick, the Neumanns were not aware that their daughter had diabetes.  Once the girl started exhibiting symptoms of illness, her condition declined rapidly over the course of 48 hours.  Instead of seeking immediate medical intervention, the Neumanns relied on prayer to heal their daughter.  By the time that conventional medical treatment was sought, it was too late.  With more timely medical treatment, experts testified, the child would almost certainly have recovered. The Neumanns are not the first parents to face prosecution for failure to secure medical treatment for a child.  A search on WestlawNext for "faith healing" of child turns up numerous cases with similarly tragic facts.  As in the Wisconsin case, others involve state statutory exceptions to criminal prosecution for a parent's choice to rely on spiritual treatment.  In many of these cases, the issue before the court often does not turn on the Constitutional guarantee of religious freedom, but rather on the construction of the statutes at issue. An Ohio court held in State v. Miskimens, 490 N.E.2d 931 (1984), that the state statute governing prosecution for child endangerment was made unconstitutionally vague by its spiritual treatment exception.  The prosecution against the parents was therefore dismissed. On the flip side, the California case Walker v. Superior Court, 47 Cal.3d 112 (1992), held parents could be prosecuted for involuntary manslaughter and felony child endangerment over the death of their child.  Although the misdemeanor child endangerment statute provided an exception for treatment by prayer, the parents could be prosecuted under the existing felony statutes without infringing on Due Process for failure to provide notice of illegal conduct. For further discussion, take a look at the Secondary Sources on WestlawNext, again searching "faith healing" of child.  A number of law review articles have tackled this difficult issue over the years.  You might also start with an in-depth review by checking out ALR's,  Parents' Criminal Liability for Failure to Provide Medical Attention to Their Children, 118 A.L.R.5th 253.]]> 5364 2012-06-19 14:19:36 2012-06-19 19:19:36 open open testing-the-bounds-of-the-spiritual-treatment-exception publish 0 0 post 0 _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _jd_wp_twitter _jd_post_meta_fixed _edit_last _wp_jd_target _wp_jd_yourls _wp_jd_url _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _encloseme 24149 http://twitter.com/westlawrefatty/status/215161948763992064 2012-06-19 19:19:40 2012-06-20 00:19:40 New post: Testing the bounds of the "spiritual treatment" exception http://t.co/0DRgkhem]]> 1 trackback 0 0 24150 http://twitter.com/davidcornblatt/status/216929920264306688 2012-06-24 16:24:58 2012-06-24 21:24:58 Interesting >>> Testing the bounds of the “spiritual treatment” exception http://t.co/spmKoZgS]]> 1 trackback 0 0 24151 http://twitter.com/alnijaalnija/status/216929920264318977 2012-06-24 16:24:58 2012-06-24 21:24:58 Interesting >>> Testing the bounds of the “spiritual treatment” exception http://t.co/QSYsXS8s]]> 1 trackback 0 0 24152 http://twitter.com/iamminder/status/216929919932956672 2012-06-24 16:24:57 2012-06-24 21:24:57 Interesting >>> Testing the bounds of the “spiritual treatment” exception http://t.co/zioMSnMs]]> 1 trackback 0 0 24153 http://twitter.com/mentalminder/status/216929920172048384 2012-06-24 16:24:57 2012-06-24 21:24:57 Interesting >>> Testing the bounds of the “spiritual treatment” exception http://t.co/llI4kENm]]> 1 trackback 0 0 24154 http://twitter.com/affirminder/status/216929920767639552 2012-06-24 16:24:58 2012-06-24 21:24:58 Interesting >>> Testing the bounds of the “spiritual treatment” exception http://t.co/6WAHbRrL]]> 1 trackback 0 0 24155 http://twitter.com/ithinkiknowiam1/status/217352859807793153 2012-06-25 20:25:34 2012-06-26 01:25:34 Testing the bounds of the “spiritual treatment” exception http://t.co/IAJ7khmx]]> 1 trackback 0 0 24156 FromanPineiro992@aol.com http://www.youtube.com/watch?v=KODX18rghTw 117.207.96.27 2013-06-19 08:58:46 2013-06-19 13:58:46 0 0 0 Fast Food Suits http://westreferenceatt.3fivelab.com/2012/06/fast-food-suits/ Tue, 05 Jun 2012 21:13:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5405 th, the McDonald’s Corporation's board of directors recently voted to reject a shareholder proposal* to have the company review its effect on childhood obesity.   The proposal, which was backed by a corporate watchdog group called Corporate Accountability International, requested that McDonald’s “issue a report on its ‘health footprint.’”  In response, the company’s directors strongly denied any intention to harm children with its products and they pointed to changes they have already made to their menus as well as future plans to improve their services.   McDonald's disputes a link to obesity.  See the Chicago Tribune article 2012 WLNR 11045967

    *For McDonald's proxies on this issue, try the following search in the EDGAR database.

    TS(mcd) & (child! /2 obes!) (5 Docs, "TS" is for ticker symbol)

    Reading about this meeting made me think about how fast food is frequently blamed for Americans’ growing waist-lines.  Pelman v. McDonald's Corp., 237 F. Supp. 2d 512 (S.D.N.Y. 2003) dealt with this issue.  In that case, the plaintiffs (a group of under-age children and their parents) claimed that McDonald’s deceived them into believing that its food was healthy.  As a result, the children consumed McDonald’s fare and became obese.  The Southern District of New York granted the defendants’ motion to dismiss because it found that the parents failed to allege specific deceptive acts or omissions and that the defendants did not owe any duty to warn consumers of the “products’ well-known attributes.” Despite the court’s refusal to hold the restaurant chain responsible for the plaintiffs’ health issues in Pelman, many others have since decided to take a crack at suing fast food restaurants for deceiving customers into eating their food. Try the following search in ALLCASES or DOCK-ALL in Westlaw Classic or All State and Federal materials in WestlawNext to get an idea of the level of activity in this arena in the last few years:

    TI("burger king" "kentucky fried chicken" "taco bell" wendy's hardee's arby's mcdonald's) & obes! overweight diabetes "heart disease" cholesterol unhealth!

    Some interesting examples from the last three years include:

    Ctr. For Sci. In The Pub. Interest v. Burger King Corp., 534 F. Supp. 2d 141 (D.D.C. 2008)  The US District Court for the District of Columbia held that a non-profit organization did not have standing to sue Burger King for violations of the District of Columbia’s Consumer Protection Procedures Act;

    Monet Parham v. McDonald’s Corporation, 3:11CV00511 (U.S. District Court, Northern District of California) involves a mother of a young child who sued McDonald’s for including toys in Happy Meals and enticing children to eat unhealthy foods.  This suit was dismissed in April of this year.  4/5/12 AP General Fin./Bus. News 17:52:32.

    Whether or not you agree that fast food restaurants should bear some or all of the responsibility of making our diets healthier, it is difficult to avoid this topic in the news.  Even the city of New York recently stepped into the conversation by stating that it is planning a ban on the sale of large sodas and other sugary drinks.  [5/31/12 APALERTNY 04:09:15]  If you try the following search in News on WestlawNext, you’ll see just how important this issue is to people on both sides of the aisle:

    fast food and obesity (7,450)   Content: News

    ]]>
    5405 2012-06-05 16:13:00 2012-06-05 21:13:00 open open fast-food-suits publish 0 0 post 0 _edit_last _jd_wp_twitter _jd_post_meta_fixed _wp_jd_target _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _jd_tweet_this _jd_twitter _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _encloseme 24157 http://twitter.com/westlawrefatty/status/210117051308716032 2012-06-05 21:13:03 2012-06-06 02:13:03 New post: Fast Food Suits http://t.co/AaL7YTLg]]> 1 trackback 0 0 24158 http://westreferenceattorneys.com/2012/06/not-phat-fat/ 173.201.144.128 2012-06-08 12:27:57 2012-06-08 17:27:57 0 pingback 0 0
    Contempt of Congress http://westreferenceatt.3fivelab.com/2012/06/contempt-of-congress/ Wed, 06 Jun 2012 15:09:14 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5411 Operation Fast and Furious, the Department of Justice’s controversial program of distributing firearms to Mexican gangs in an attempt to track gang activity, is regarded by boondoggle-lovers as the gift that keeps on giving.  Fast and Furious has been the target of ongoing inquiries from the House Oversight and Government Reform Committee.  Congressman Darrell Issa has been exploring options for holding Attorney General Eric Holder in contempt for failing to turn over certain records related to the Operation, while Holder claims executive privilege. A few weeks ago, members of a different government agency claimed a different type of privilege in front of the same committee.  Jeff Neely, a (former) top official at the General Services Administration, invoked his 5th Amendment privilege against self-incrimination when questioned by the Oversight and Government Reform Committee regarding a conference the GSA had planned to hold in Las Vegas. At the time, a friend of mine asked if people are really allowed to do this: invoke the 5th amendment privilege against self-incrimination when they aren’t under indictment, and when it’s not even clear that their answers could incriminate them (planning a too-expensive Vegas conference may not be a good idea, but it probably doesn’t constitute criminal activity).  Technically, a person can say “I’m invoking my 5th amendment right to remain silent” any time they want.  One's ability to invoke does not appear to be restricted to judicial or quasi-judicial proceedings.   However, if a person has no basis for claiming the privilege, a citation for contempt may result.  For an example, see Baker v. Limber, 647 F.2d 912. Baker involved a person being found in Contempt of Court.  Technically, Contempt of Congress is a separate animal (administered by a different branch of government); but there have been numerous cases on it over the years.   Research References

    For more on contempt of Congress, see 91 C.J.S. United States § 41, citing 2 U.S.C.A. § 192. Or, try searching for “contempt of congress” in the Law reviews and Journals page on WestlawNext.

    For coverage of Congressman Issa and the potential contempt charge against Eric Holder, try the following search:  DARRELL /3 ISSA & CONTEMPT & FAST /2 FURIOUS & DA(LAST 30 DAYS) in ALLNEWS.

    Similar news coverage of the GSA hearings can be found with this search, in the same ALLNEWS database: gsa /p vegas /p 5th /3 amendment.

       ]]>
    5411 2012-06-06 10:09:14 2012-06-06 15:09:14 open open contempt-of-congress publish 0 0 post 0 topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _topsy_long_url _encloseme 24159 http://twitter.com/westlawrefatty/status/210387896128122880 2012-06-06 15:09:17 2012-06-06 20:09:17 New post: Contempt of Congress http://t.co/Uj250X8V]]> 1 trackback 0 0 24160 Tremunsoserce@gmail.com 178.94.114.148 2012-07-04 13:26:11 2012-07-04 18:26:11 0 0 0
    Cariou v. Prince Research http://westreferenceatt.3fivelab.com/2012/06/cariou-v-prince-research/ Mon, 11 Jun 2012 20:41:21 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5414 Cariou v. Prince (784 F.Supp.2d 337) back in April of last year when the appeal was first filed with the Second Circuit (Where Have I Seen That Before?).  Since then, the case has been written about extensively in the news and academic journals.  The "fair use" exception to copyright infringement, the meaning of "transformative use" and the practices of "appropriation" art are under close scrutiny, and both the scope of copyright law and the future conduct of artists could be dramatically impacted. I wanted to see how many articles were published discussing the case since it was appealed, so I ran the following search on WestlawNext in the Secondary Sources content: cariou /s prince & da(aft 3/28/2011) It produces 32 results, including Cariou v. Prince: Painter or Prince of Thieves? and Yes, Rasta 2.0: Cariou v. Prince and the Fair Use Test of Transformative Use in Appropriation Art Cases. The same search in News produces 24 results, including the transcript of a May 16th edition of National Public Radio's "All Things Considered" ("'Canal Zone' Collages Test The Meaning Of  'Fair Use'", 2012 WLNR 11286931). Further Research For a list of briefs filed in the case, including amicus briefs from the Andy Warhol Foundation and the American Society of Media Photographers, run the following search in Second Circuit Court of Appeals Briefs on WestlawNext (CTA2-BRIEF on Westlaw.com): ti(cariou & prince)  To track the progress of the case, enter docket number 11-1197 in the Second Circuit Court of Appeals Dockets on WestlawNext (DOCK-CTA2 on Westlaw.com) and select “update.”  Select “Track this Docket” near the top to receive alerts of new entries.  ]]> 5414 2012-06-11 15:41:21 2012-06-11 20:41:21 open open cariou-v-prince-research publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme 24161 http://twitter.com/westlawrefatty/status/212283426215178240 2012-06-11 20:41:27 2012-06-12 01:41:27 New post: Cariou v. Prince Research http://t.co/xPHlnyA3]]> 1 trackback 0 0 No psuedonyms in Sandusky trial http://westreferenceatt.3fivelab.com/2012/06/no-psuedonyms-in-sandusky-trial/ Tue, 05 Jun 2012 18:40:03 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5416 The judge in Jerry Sandusky's child sexual abuse case says the alleged victims can't avoid disclosure of their names by testifying under pseudonyms. He also is banning tweets and other electronic communications from inside the courtroom. 6/4/12 AP Alert - PA 13:42:33
    "Secrecy is thought to be inconsistent with the openness required to assure the public that the law is being administered fairly and applied faithfully," Cleland wrote in his order dismissing the request.
    "It is argued in the motions that for an alleged victim of a sexual assault to fulfill that responsibility is so uniquely embarrassing that the person should be protected by being able to conceal his name. But why should any class of witnesses be protected? No victim of crime, after all, is spared the trauma of crime's effects – and the severity of the trauma does not necessarily mirror the nature of the crime," the judge said.
    Cleland called the motions for pseudonyms "complicated, even controversial."
    6/4/12 Reuters News 16:28:36
    The judge called the decision "controversial," but this doens't appear to be the case in all jurisdictions.
    A quick WestlawNext search in All State and Federal brings back some interesting results:
    Search:  victim testify using pseudonym
    Notably, in the first few results under statutes it is clear that both Texas and Nevada provide statutory mechanisms for just the type of result the accusers' attorneys were seeking in the Sandusky case.
    A victim of a sexual offense or an offense involving a pupil may choose a pseudonym to be used instead of the victim's name on all files, records and documents pertaining to the sexual offense or offense involving a pupil, including, without limitation, criminal intelligence and investigative reports, court records and media releases.
    Nev. Rev. Stat. Ann. § 200.3772 (West)
    A victim may choose a pseudonym to be used instead of the victim's name to designate the victim in all public files and records concerning the offense, including police summary reports, press releases, and records of judicial proceedings. A victim who elects to use a pseudonym as provided by this article must complete a pseudonym form developed under this article and return the form to the law enforcement agency investigating the offense.
    TX CRIM PRO Art. 57.02(b)
    While a few states do have provisions for this type of protection for accusers in criminal cases, it seems far more common in the civil realm, as a great majority of the cases and secondary sources that come up in the results for that search deal with protecting a victim's identity during the pendency of a civil suit.  Perhaps the notorieity and publicity surrounding the Sandusky trial will cause some states to revisit those policies.
    ]]>
    5416 2012-06-05 13:40:03 2012-06-05 18:40:03 open open no-psuedonyms-in-sandusky-trial publish 0 0 post 0 _wp_jd_target _wp_jd_url _wp_jd_clig _wp_jd_bitly _wp_jd_yourls _wp_jd_wp _jd_twitter _jd_tweet_this topsy_short_url _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme _topsy_long_url 24162 http://twitter.com/westlawrefatty/status/210078562269671424 2012-06-05 18:40:06 2012-06-05 23:40:06 New post: No psuedonyms in Sandusky trial http://t.co/UbpjO5nW]]> 1 trackback 0 0
    Same-sex divorce as a further legal hurdle http://westreferenceatt.3fivelab.com/2012/06/same-sex-divorce-port-v-cowan/ Wed, 13 Jun 2012 18:19:49 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5447 thorny legal issues remain if the marriage falls apart. Just last month, Maryland joined the ranks of states that permit same-sex divorce in Port v. Cowan, 2012 WL 1758629.  Citing the doctrine of lex loci celebrationis, the Maryland Supreme Court reasoned that the state's courts liberally recognizes foreign marriages so long as valid where performed, and not repugnant to state's public policy or prohibited expressly by state law.  The court held that while MD Code, Family Law, § 2-201   provides that “[o]nly a marriage between a man and a woman is valid in this State," this does not preclude Maryland from recognizing same-sex marriages solemnized validly in another jurisdiction. Maryland pointed to cases in Wyoming and New York (predating enactment of New York's marriage-equality law) that permitted same-sex couples married in another jurisdiction to divorce in their home state.  Christiansen v. Christiansen, 253 P.3d 153, concerned a couple who were married in Canada and sought to divorce in Wyoming.  Like Maryland, Wyoming has a statute limiting marriage to a man and woman, but does not proscribe recognition of valid foreign same-sex marriages.  The Wyoming Supreme Court concluded that recognizing a valid foreign same-sex marriage for purposes of a divorce proceeding “does not lessen the law or policy in Wyoming against allowing the creation of same-sex marriages [in Wyoming]” and so was not against public policy.  Similarly, New York recognized foreign same-sex marriages for the purpose of divorce in Dickerson v. Thompson, 73 A.D.3d 52.   DIVORCE   However, courts of other states have held that same-sex couples cannot be divorced.  In Texas, the court reasoned in In re J.B., 326 S.W.3d 654, that because V.T.C.A., Family Code § 6.204(b) declares same-sex marriages void and against Texas public policy, a "void" same-sex marriage has no legal effect in Texas.  And 6.204(c) prohibits such marriages from being recognized or given effect by the state or in any judicial proceeding, functioning as a jurisdictional bar.  The court distinguished an action for divorce from one seeking to declare the marriage void, which would be permissible under Texas law, because "[a] decree of voidness does not 'give effect' to the void marriage but, just the opposite, establishes that the parties to the ostensible but void marriage were never married for purposes of Texas law." An action to declare the marriage void may be a possibility where divorce is not, but it does not provide the same level of recourse to the courts.  In a divorce, the court has the authority and the obligation to ensure the parties' property is distributed and, where there are minor children, to superintend the resolution of custody and child support issues.]]> 5447 2012-06-13 13:19:49 2012-06-13 18:19:49 open open same-sex-divorce-port-v-cowan publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url _encloseme 24163 http://twitter.com/westlawrefatty/status/212972588933201920 2012-06-13 18:19:56 2012-06-13 23:19:56 New post: Same-sex divorce as a further legal hurdle http://t.co/a5mNBAMR]]> 1 trackback 0 0 24164 deniedsocial@gmail.com http://www.deniedsocialsecuritybenefits.com/ 117.203.1.100 2012-06-14 05:27:11 2012-06-14 10:27:11 1 0 0 24165 http://twitter.com/gaymarriageword/status/213220450904440833 2012-06-14 10:44:51 2012-06-14 15:44:51 Same-sex divorce as a further legal hurdle http://t.co/AH2Z2ft1]]> 1 trackback 0 0 24166 lcslawnv@gmail.com http://las-vegas-family-law-attorney.com 70.173.110.193 2012-07-15 13:23:45 2012-07-15 18:23:45 same sex divorce is interesting. I had recent success with a gay married couple in Las Vegas being granted a divorce.]]> 0 0 0 Not Phat - Fat http://westreferenceatt.3fivelab.com/2012/06/not-phat-fat/ Fri, 08 Jun 2012 17:27:48 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5454 Nancy’s blog on Fast Food Suits.  States and cities are regulating food more closely. New York City Mayor Bloomberg has announced that he plans to enact a ban on the sale of large sodas and other sugary drinks in restaurants, movie theaters, sports arenas, delis and street carts. See, Legal challenges to New York sugary drink ban may fail, 2012 WLNR 11820067. And even corporations such as Disney are getting on the band wagon of better nutrition by banning advertising of junk food on their media outlets.  See, Disney to ban junk-food ads on children's shows, Washington Post, 2012 WLNR 11824202. Now that legislators and regulators are getting interested in how fat we as a nation are, it means we as lawyers representing entities and people who will be impacted by these laws, need to keep on top of what has been enacted and what’s coming down the road. One of my favorite tools on Westlaw for this purpose is Capitol Watch. Capitol Watch is a great resource available on Westlaw that provides a wide variety of materials to help monitor legislative and regulatory activity on every topic, in every jurisdiction. It helps you to organize your research so you can track and analyze current legislative and regulatory issues and actions. To access Capitol Watch, you can add a Capitol Watch tab in Westlaw.com or you can go to www.westcapitolwatch.westlaw.com.  Capitol Watch includes: BILLS: Contains all available bills (introduced, amended, and enacted versions) from current and recently ended sessions of legislatures from all 50 states and the District of Columbia, as well as all versions of bills and resolutions introduced in the current U.S. Congress. REGULATIONS: Contains documents from the Federal Register, such as hearing notices and proposed regulations, from the last few years and proposed and recently adopted rules and regulations from all 50 states and the District of Columbia. LEGISLATIVE MATERIALS: Contains federal committee and conference reports, the Congressional Record, federal congressional testimony, state committee reports, state amendment text, state fiscal notes, and state committee schedules. EXECUTIVE MATERIALS: Contains presidential messages, governor’s messages, federal executive orders, and state executive orders. Once you are in Capitol Watch, you can conduct searches, set up alerts and use the track service to be notified when there is some new information available. For example, you can do a search such as: obese obesity over-weight /255 nutrition! health! Once you have run the search, you can individually track the bills or proposed regulations etc.     For a user guide and a quick reference guide on how to use Capitol Watch effectively, see the links below User Guide: http://store.westlaw.com/documentation/westlaw/wlawdoc/web/capwgde.pdf Quick Reference Guide: http://store.westlaw.com/documentation/westlaw/wlawdoc/wlres/capwchwl.pdf]]> 5454 2012-06-08 12:27:48 2012-06-08 17:27:48 open open not-phat-fat publish 0 0 post 0 topsy_short_url _topsy_long_url _slidedeck_slide_title _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _jd_tweet_this _jd_twitter _wp_jd_clig topsy_short_url _topsy_long_url _encloseme 24167 http://twitter.com/westlawrefatty/status/211147542937878529 2012-06-08 17:27:51 2012-06-08 22:27:51 New post: Not Phat - Fat http://t.co/1Mksw2Za]]> 1 trackback 0 0 New developments in Public Bankruptcy http://westreferenceatt.3fivelab.com/2012/06/new-developments-in-public-bankruptcy/ Mon, 18 Jun 2012 21:15:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5473 .  11 U.S.C.A. 101(13) even defines ‘debtor’ as a “person or municipality.” But the N.M.I Retirement Fund filed for Chapter 11 anyway, and if it’s allowed to proceed through bankruptcy, it could open the door to bankruptcies by other state and territorial pension funds.  That, in turn, could affect a large number of pensioners across the country.  The Court’s hearing on a motion to dismiss was held June 1, a decision is expected any day now. Research References The case has been covered extensively since it was filed.  Try the following search in ALLNEWS:  mariana /3 island /p retir! pension! & bankrupt! & da(aft 04/01/2012).  At the time of this writing, I found 16 results. The case is being heard by Bankruptcy Judge Robert Faris, who normally sits in the Bankruptcy Court for the District of Hawaii but was assigned the case when the Mariana Islands’ sole federal judge had a conflict of interest.  Previous decisions by Judge Faris can be found by searching ju(Robert /3 faris) in HI-CS-ALL.  I found 98 opinions, which may shed some light on how he will approach the Mariana Islands’s case. Even if the N.M.I. Retirement Fund is ruled to be a State Entity, some bankruptcy experts argue that this shouldn’t matter, as States themselves should be allowed to file.  To find some commentary on this, I tried the search “State indebtedness” and bankruptcy in the Law Reviews and Journals page on WestlawNext.  Two recommendations from that list: 59 UCLA L. Rev. 322 and 42 Golden Gate U. L. Rev. 217.]]> 5473 2012-06-18 16:15:08 2012-06-18 21:15:08 open open new-developments-in-public-bankruptcy publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme 24168 http://twitter.com/westlawrefatty/status/214828633804652544 2012-06-18 21:15:12 2012-06-19 02:15:12 New post: New developments in Public Bankruptcy http://t.co/5RN8uYlS]]> 1 trackback 0 0 24169 WernertBue4120@yahoomail.com http://http://hit.24partners.com?uid=1668&p=29320&tags=forex,ct 157.130.168.78 2012-06-19 02:15:34 2012-06-19 07:15:34 0 0 0 Naked Zombie Legislation http://westreferenceatt.3fivelab.com/2012/06/naked-zombie-legislation/ Thu, 14 Jun 2012 20:36:12 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5479 2012 WLNR 11358498). That event, along with other reports of the drug causing bizarre, psychotic episodes has caused a number of states to create legislation banning some of the chemicals (synthetic cathinones) commonly used in “bath salts.” A simple plain language search in News on WestlawNext pulls up a number of recent articles on legislative efforts to criminalize bath salts:

    BATH SALT LEGISLATION

    Changing the result rankings using the “Sort by” drop-down and choosing “Date” shows news articles discussing very recent legislation. I ran a search on June 8th, and found an article from that very same day about the governor of Colorado signing a bath salts bill. Because “bath salts” is such a common term that can obviously come up in a variety of unrelated contexts, I wanted to try something more specific for my search in proposed legislation. My search in the news sources helped quite a bit in that it provided me with the technical term for the drug, synthetic cathinones. We can search using that language, which should probably help quite a bit to bring back relevant proposed legislation. PROPOSED AND ENACTED LEGISLATION Back on the home screen for WestlawNext, I clicked on the link to “Proposed & Enacted Legislation.”  I ran the following simple search:

    CATHINONES

    I get a lot of results. 507 proposed or enacted pieces of legislation in all jurisdictions that mention Cathinone or Cathinones. See for example, Colorado's Senate Bill No. 116:
    TITLE: Bath Salts As Controlled Substances
    VERSION: Amended/Substituted
    February 21, 2012
    FOSTER--BROWN
    SUMMARY: The bill defines cathinones and establishes criminal penalties for possession of cathinones and for distributing, manufacturing, dispensing, or selling cathinones. Any person or entity that sells a product that is labeled as a "bath salt" or any other trademark and contains any amount of a cathinone commits a deceptive trade practice and is subject to a civil penalty.
    2012 Colorado Senate Bill No. 116, Colorado Second Regular Session of the Sixty-Eighth General Assembly, 2012 Colorado Senate Bill No. 116, Colorado Second Regular Session of the Sixty-Eighth General Assembly
    ]]>
    5479 2012-06-14 15:36:12 2012-06-14 20:36:12 open open naked-zombie-legislation publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _edit_last _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme 24170 http://twitter.com/westlawrefatty/status/213369293071597569 2012-06-14 20:36:18 2012-06-15 01:36:18 New post: Naked Zombie Legislation http://t.co/dxyH9OrN]]> 1 trackback 0 0 24171 http://twitter.com/westlawrefatty/status/213624327873105922 2012-06-15 13:29:43 2012-06-15 18:29:43 New post: Naked Zombie Legislation http://t.co/dxyH9OrN]]> 1 trackback 0 0 24172 http://twitter.com/unypars/status/213834614169534464 2012-06-16 03:25:19 2012-06-16 08:25:19 Naked Zombie Legislation http://t.co/aANRnJdW]]> 1 trackback 0 0
    Frozen Bricks of Finely Textured Beef http://westreferenceatt.3fivelab.com/2012/06/frozen-bricks-of-finely-textured-beef/ Thu, 14 Jun 2012 19:44:28 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5484 pink slime has had very grave consequences for the beef producing industry.  On April 2, 2012,  ground-beef processor, AFA Foods, filed for Chapter 11 bankruptcy in order to deal with the effects of the pink slime controversy.  You can find the docket on Westlaw and WestlawNext in the Bankruptcy Court of Delaware dockets with docket number 1:12-BK-11128. First, what is pink slime? Here is a description of what pink slime (also known as “Lean Finely Textured Beef”) is and how it is made from Consumerist magazine 2012 WLNR 5025734:
    …"[P]ink slime" is made by gathering waste trimmings, simmering them at low heat so the fat separates easily from the muscle, and spinning the trimmings using a centrifuge to complete the separation. Next, the mixture is sent through pipes where it is sprayed with ammonia gas to kill bacteria. The process is completed by packaging the meat into bricks. Then, it is frozen and shipped to grocery stores and meat packers, where it is added to most ground beef.
    Sounds yummy, doesn’t it?  Many people don’t seem to think so.  Once the public was apprised of this process, the demand to remove pink slime from ground beef reached a feverish pitch.  Try the following search in ALLNEWS on Westlaw or in WestlawNext to see for yourself:

    "pink slime" and remov! disgust! concern! worry! Health

    Concerned parents have also joined the fray in demanding that their children’s school lunches be pink-slime-free.  This has led the United States Department of Agriculture to issue a statement that it will allow schools to choose whether or not to purchase beef products containing lean finely textured beef.  This document is available on Westlaw at 2012 WLNR 5606832.  In addition to the USDA’s statement, several states have decided to counter the issue through legislative action that either requires any beef product containing pink slime to be labeled as such or simply banning the use of such products in schools period.  Search for “pink slime” “lean finely textured beef” in Proposed and Enacted Legislation on WestlawNext or  ST-BILLS in Westlaw to see these bills. Despite all the brouhaha over pink slime and the harm it’s caused to the beef industry’s bottom line, many scientists say it is safe to consume.  In fact, some say that meat containing pink slime might actually be healthier because it is leaner than regular beef.  See Beef magazine's, Ground Beef Gets Raw Deal in Media at 2012 WLNR 7484951.  It just needs a better name.]]>
    5484 2012-06-14 14:44:28 2012-06-14 19:44:28 open open frozen-bricks-of-finely-textured-beef publish 0 0 post 0 _topsy_long_url _topsy_cache_timestamp _topsy_long_url topsy_short_url _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this _slidedeck_slide_title _encloseme topsy_short_url 24173 http://twitter.com/westlawrefatty/status/213356268176412673 2012-06-14 19:44:32 2012-06-15 00:44:32 New post: Frozen Bricks of Finely Textured Beef http://t.co/XgSSoGMS]]> 1 trackback 0 0 24174 http://twitter.com/westlawrefatty/status/213679794339061760 2012-06-15 17:10:07 2012-06-15 22:10:07 Reference Attorney Blog post - How can you have any pudding if you don't eat your pink slime? http://t.co/H0qExS3F]]> 1 trackback 0 0
    Decriminalizing Marijuana Possession http://westreferenceatt.3fivelab.com/2012/06/decriminalizing-marijuana-possession/ Tue, 19 Jun 2012 12:55:34 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5499 2011 NY A.B. 10581 (NS)) arguing the need to reduce the chance that a person will be burdened with a criminal record after being found with only small amounts of marijuana during a police stop-and-frisk.  The relevant New York statute, McKinney's Penal Law § 221.10, criminally penalizes “public view” possession while private possession is only a “violation”, McKinney's Penal Law § 221.05.  The bill mirrors a New York City police directive issued last year for officers to issue violations, not misdemeanors,  for “small amounts of marijuana that come into open view during a search.” See  2012 WLNR 11751302.  Said Cuomo:
    It's incongruous. It's inconsistent the way it's been enforced. There have been additional complications in relation to the stop-and-frisk policy where there are claims young people could have a small amount of marijuana in their pocket, where they're stopped and frisked. The police officer says, —Turn out your pockets.' The marijuana is now in public view. It just went from a violation to a crime.’
    Other states have similar legislation pending.  To find current bills and session laws regarding marijuana penalties, try the following search in Proposed & Enacted Legislation on WestlawNext after choosing “All States” for your jurisdiction (or ST-BILLTXT and LEGIS-ALL on Westlaw Classic):  marijuana possession misdemeanor violation infraction For an overview of marijuana possession statutes currently in effect, the 50 State Surveys is a great resource.  On WestlawNext, select “Statutes and Court Rules”, then “50 State Surveys” under “Tools and Resources.” Enter “marijuana” in the search box.  Select “Illegal Drugs: Marijuana”, 0030 SURVEYS 3 (the search also produces surveys for cocaine, methamphetamine and heroin, which may also be of interest). Also, for a recent discussion of how tightened state budgets are leading to the decriminalization of small amounts of marijuana, See THE WAR ON DRUGS, THE POLITICS OF CRIME, AND MASS INCARCERATION IN THE UNITED STATES, 15 J. Gender Race & Just. 315.  See also, RACE, DRUGS, AND LAW ENFORCEMENT IN THE UNITED STATES, 20 Stan. L. & Pol'y Rev. 257.  To produce these articles, and others regarding drug laws, enforcement and disparate incarceration rates, run the following search in Secondary Sources on WestlawNext (TP-ALL on Westlaw Classic): ti(drug marijuana marihuana /5 law regulat! crim! /10 "united states" u.s.)      ]]>
    5499 2012-06-19 07:55:34 2012-06-19 12:55:34 open open decriminalizing-marijuana-possession publish 0 0 post 0 _topsy_long_url _slidedeck_slide_title _edit_last _jd_wp_twitter _jd_post_meta_fixed _wp_jd_target _wp_jd_url _wp_jd_wp _wp_jd_yourls _jd_twitter _wp_jd_clig _wp_jd_bitly _jd_tweet_this _encloseme _topsy_cache_timestamp topsy_short_url topsy_short_url _topsy_long_url 24175 http://twitter.com/westlawrefatty/status/215065299089752064 2012-06-19 12:55:37 2012-06-19 17:55:37 New post: Decriminalizing Marijuana Possession http://t.co/jMPWVpet]]> 1 trackback 0 0
    Child Porn in New York http://westreferenceatt.3fivelab.com/2012/06/child-porn-in-new-york/ Wed, 20 Jun 2012 14:18:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5306 --- N.E.2d ----, 2012 WL 1580439 A State Senator and an Assemblyman have announced they’ll introduce legislation making it illegal to “knowingly access” child pornography. There is precedent for such legislation, specifically in Alaska. AS § 11.61.127 states, in part:
    A person commits the crime of possession of child pornography if the person knowingly possesses or knowingly accesses on a computer with intent to view any material that visually depicts conduct described in AS 11.41.455(a) knowing that the production of the material involved the use of a child under 18 years of age who engaged in the conduct or a depiction of a part of an actual child under 18 years of age who, by manipulation, creation, or modification, appears to be engaged in the conduct.
    Though morality cannot be legislated, it is comforting to know Alaska, New York and others are endeavoring to identify and prosecute those who intend to exploit the most vulnerable of citizens: our children. For additional information on this topic: On WestlawNext:

    Search - (procure access view possess) child pornography Content - All States

    On Westlaw or WestlawNext:

    Search - possess! procur! /s porn! /5 child Content -  New York (People v. Kent should be the first result on WestlawNext)

    Search - ti(POSSESS! PROCUR! /S PORN! /5 CHILD) Content - Secondary Sources

    Search - PR,CA,TE(KNOW! /5 POSSESS! PROCUR! ACCESS! /S PORN! /5 CHILD) Content - Statutes and Court Rules, or Pending and Enacted Legislation

    ]]>
    5306 2012-06-20 09:18:52 2012-06-20 14:18:52 open open child-porn-in-new-york publish 0 0 post 0 _jd_wp_twitter _jd_post_meta_fixed _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _encloseme _wp_jd_bitly _wp_jd_clig _jd_twitter _edit_last _jd_tweet_this topsy_short_url _topsy_long_url 24176 http://twitter.com/westlawrefatty/status/215448654947950592 2012-06-20 14:18:56 2012-06-20 19:18:56 New post: Child Porn in New York http://t.co/Bgei3lUM]]> 1 trackback 0 0
    The Other Chapters of Bankruptcy: Serial Petitions and “Chapter 20” and “Chapter 22” Petitions http://westreferenceatt.3fivelab.com/2012/06/the-other-chapters-of-bankruptcy-serial-petitions-and-chapter-20-and-chapter-22-petitions/ Fri, 22 Jun 2012 17:15:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5551 In re Cushman, 217 B.R. 470, 476 (Bankr. E.D. Va. 1998).  A “Chapter 22” filing is where a company files a chapter 11 petition, and files a second chapter 11 petition after emerging from bankruptcy protection under the first petition.  Are there other combinations?  Yes. Filene’s Basement filed a “Chapter 33” filing in 2011—the company’s third chapter 11 petition in 12 years. 3/7/12 Thomson Reuters News & Insight: N.Y. 17:56:46. Undoubtedly you heard about the Hostess bankruptcy?  (Journalists and reporters wondered if it would be the end of the Twinkie.)   Basically, Hostess’s bankruptcy is a “Chapter 22.” The company filed a chapter 11 petition in 2004 and emerged from bankruptcy in 2009. Hostess filed a second chapter 11 petition in January of 2012.  Other recent Chapter 22 filings include Buffets (a/k/a Old Country Buffet), TBS International (ocean shipping), and Fountain Powerboats Industries.  3/7/12 Thomson Reuters News & Insight: N.Y. 17:56:46. Research References When researhing these bankruptcy issues, keep these buzz words in mind:  Chapter 20, Chapter 22, successive, serial or consecutive filing, petition, or bankruptcy.  The Key Number for “simultaneous or successive proceedings” under the Bankruptcy topic is 2235 ( 51k2235), this will also be useful. These buzz words and this key number will help you avoid cases involving conversion of Chapter 7 cases to Chapter 13 cases. On WestlawNext, I recommend running the search from the Bankruptcy topic page.  This way your results will be limited to the bankruptcy context and the search results will include cases, secondary sources, trial court filings, and briefs.  This will also enable you to filter cases and trial court documents, and briefs by jurisdiction, if you so choose. I ran the following terms and connectors search: consecutive successive serial /4 petition filing bankruptcy I would start with the Secondary Sources content set. You will notice that the majority of the first 20 secondary source results specifically address serial filings.  Other documents in the first 20 documents address dismissal and re-filing as opposed to serial filing.  Norton Bankruptcy Law And Practice 3d,  § 111:4. Serial filing is the second document on the list.  I would run “search within results” to narrow the cases to those involving two chapter 11 filings or a chapter 7  filing followed by a chapter 13 filing.  Try this search within results:                (serial successive consecutive /7 "chapter 11") ("Chapter 22")  The second case, Matter of Bouy, Hall & Howard & Associates, 208 B.R. 737, addresses a “Chapter 22” serial filing.   Not only that, as you are perusing the case law results list, you will see relevant secondary source references in the Related Documents column off to the right-hand side of the screen.  While viewing the Matter of Bouy opinion, you will see a “related topic” titled: Good Faith Motive; Debtor Successive Filing of Chapter Bankruptcy Petitions. This is another way to find cases on this subject.]]> 5551 2012-06-22 12:15:52 2012-06-22 17:15:52 open open the-other-chapters-of-bankruptcy-serial-petitions-and-chapter-20-and-chapter-22-petitions publish 0 0 post 0 _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_bitly _wp_jd_wp _wp_jd_clig _jd_tweet_this _jd_twitter topsy_short_url _topsy_long_url _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24180 http://twitter.com/bankruptcyinfo7/status/216835305972563969 2012-06-24 10:09:00 2012-06-24 15:09:00 The Other Chapters of Bankruptcy: Serial Petitions and “Chapter 20 ... http://t.co/Ua1OwJlm]]> 1 trackback 0 0 24181 FinizioHust3935@gmail.com http://www.extra-baggage.com 94.170.140.176 2012-07-06 19:35:34 2012-07-07 00:35:34 0 0 0 24182 LaisureSylvis568@gmail.com http://www.serialkeys.info/ 125.162.170.42 2012-08-16 18:48:10 2012-08-16 23:48:10 0 0 0 24183 rpzerfc@gmail.com http://bit.ly/12XAyKI 151.237.180.207 2013-07-29 08:20:35 2013-07-29 13:20:35 0 0 0 24178 http://twitter.com/bankruptcyinfo7/status/216328361654489090 2012-06-23 00:34:35 2012-06-23 05:34:35 The Other Chapters of Bankruptcy: Serial Petitions and “Chapter 20 ... http://t.co/JZWTHWec]]> 1 trackback 0 0 24177 http://twitter.com/westlawrefatty/status/216217971327111169 2012-06-22 17:15:56 2012-06-22 22:15:56 New post: The Other Chapters of Bankruptcy: Serial Petitions and “Chapter 20” and “Chapter 22” Petitions http://t.co/UlVstaL2]]> 1 trackback 0 0 24179 http://twitter.com/renonvlaw/status/216396040281141248 2012-06-23 05:03:31 2012-06-23 10:03:31 The Other Chapters of Bankruptcy: Serial Petitions and “Chapter 20 ... http://t.co/omKkWBXK]]> 1 trackback 0 0 U. of Alabama v. New Life Art- Crimson and a Gray Area http://westreferenceatt.3fivelab.com/2012/06/u-of-alabama-v-new-life-art-crimson-and-a-gray-area/ Thu, 21 Jun 2012 18:57:35 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5602 th Circuit ruled in favor of artist Daniel Moore in the University of Alabama’s trademark violation suit against him. See 2012 WL 2076691. The University claimed that Moore breached licensing agreements and violated the Lanham Act by infringing the University's trademark rights in its football uniforms.  Since 1979 Moore has painted scenes of important events in Alabama football history, some of which were later placed on calendars, mugs and other objects.  The University asserted that Moore needed permission to portray the University's uniforms, including the jersey and helmet designs and the crimson and white colors (technically “Crimson PMS 201”and “Gray PMS 429”). Moore contended that he did not need permission to paint historical events and that there was no trademark violation so long as he did not use any of the University's trademarks outside the area of the original painting. The Court, in siding with Moore, stated:

    “……we conclude that the First Amendment interests in artistic expression so clearly outweigh whatever consumer confusion that might exist on these facts that we must necessarily conclude that there has been no violation of the Lanham Act with respect to the paintings, prints, and calendars.”

    The case highlights the balancing of free expression and trademark rights, and is being hailed as a victory for artists. See 2012 WLNR 12475958 and 2012 WLNR 12486316.  Still, the law is far from settled:
     There is a problem that faces one who is accused of infringing a trademark and who claims that she is merely using another's trademark in a noninfringing manner to convey some social, artistic, entertainment or political expression protected by the First Amendment as free speech. The problem is that there is no easily articulated, clearly defined legal principle that can quickly resolve the conflict. There is no statutory or judge-created safe harbor or affirmative defense that easily resolves such conflicts. Rather, there is a buffet of various legal approaches to choose from. Different courts will choose different approaches and some courts will use more than one.
    6 McCarthy on Trademarks and Unfair Competition § 31:139 (4th ed.) Research For the dockets and  an extensive list of trial and appellate filings in the case, select the “Filings” tab when viewing the case on WestlawNext, or select “Petitions, Briefs & Filings” on the “Links For” tab on Classic Westlaw. For recent news stories about the case, run the following search in News on WestlawNext or ALLNEWS on Classic Westlaw: moore & alabama & football & trademark & da(2012) For articles on the subject, including “Shades of Gray: The Functionality Doctrine and Why Trademark Protection Should Not be Extended to University Color Schemes”, 21 Marq. Sports L. Rev. 361, try the following search in Secondary Sources on WestlawNext or TP-ALL on Classic Westlaw: moore /s alabama & football & trademark  ]]>
    5602 2012-06-21 13:57:35 2012-06-21 18:57:35 open open u-of-alabama-v-new-life-art-crimson-and-a-gray-area publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme 24184 http://twitter.com/westlawrefatty/status/215881182171250688 2012-06-21 18:57:39 2012-06-21 23:57:39 New post: U. of Alabama v. New Life Art- Crimson and a Gray Area http://t.co/eJxjcPlV]]> 1 trackback 0 0
    A new take on guns in public http://westreferenceatt.3fivelab.com/2012/06/a-new-take-on-guns-in-public/ Thu, 21 Jun 2012 14:07:42 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5605 State v. Yang, --- N.W.2d ----, 2012 WL 2202928 (Minn. App. 2012). The decision hinges on the distinction in Minnesota law of what is “public property.” The court rules that public property does not include one’s own yard, which I think is a reasonable interpretation. Carrying a handgun across your yard from your home to your garage is a far cry from carrying a handgun in the mall parking lot. Given that Yang was carrying the gun in his own yard, the court holds that the police did not have reasonable, articulable suspicion that he was committing a crime, because what he was doing with the gun was not illegal (the carrying it in his yard part, not the carrying it while being a felon part, which is still illegal). I say this is an uncommon decision because, before this decision, police in Minnesota were fairly free to stop anyone carrying a firearm in view because carrying a firearm in Minnesota is presumptively illegal unless one has a permit to carry. See State v. Timberlake, 744 N.W.2d 390; Minn. Stat. 624.714. Different states have taken different positions on this issue, see, e.g., Commonwealth v. DiPeiza, 449 Mass. 367 (“The mere carrying of a concealed firearm is not a crime, thus observations suggesting a concealed firearm, with nothing more, do not provide reasonable suspicion for a stop.”); J.L. v. State, 727 So.2d 204 (“ In Florida, it is generally not illegal to possess a firearm.”) But in Minnesota, generally speaking, carrying a firearm in public view, whether open or concealed, was invitation for a chat with police. As one can imagine, those chats are not always cordial. But I have to wonder what effect, if any, the Yang ruling will have on police encounters with people displaying weapons in their front yards. How are the police to know, at the moment when the call comes in that the person they are holding at gun point is the homeowner? Even if they could identify who owns the home they are called to, until they conduct an investigatory stop, they have no way of identifying the armed person in the yard. Presumably, once they determine that the person they are questioning is the homeowner, reasonable suspicion disappears. But this is a step farther than Yang seems to go. The court in Yang specifically rejects the idea that “a person’s residence” means any person’s residence. So for the court’s ruling to apply, a person in possession of a handgun has to be on their own property. The court assumes, without evidence in the record (Yang at *1) that at some point, the officers learned that the home belonged to Yang. But unless they knew that before they stopped him, how does that invalidate the stop? In principal, I agree with the holding in Yang that a person carrying a firearm on their own property is committing no crime, and therefore shouldn’t be subject to a stop by police. Still, what will the practical effect of Yang be? My best guess: lots of cases where defendants are arrested and charged, then later move to suppress because they were on their own land, but no real effect on the day-to-day conduct of police work. For additional research resources: On WestlawNext: Search: reasonable suspicion of crime for carrying firearm on own property Jurisdiction: All State and Federal Or on WestlawNext or Westlaw.com: Search: #own +2 property yard house home apartment building /p "reasonable suspicion" "investigatory stop" "probable cause" Jursidction:  All State and Federal  - or - Database:  Allcases]]> 5605 2012-06-21 09:07:42 2012-06-21 14:07:42 open open a-new-take-on-guns-in-public publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme 24185 http://twitter.com/westlawrefatty/status/215808232340455427 2012-06-21 14:07:46 2012-06-21 19:07:46 New post: A new take on guns in public http://t.co/HQ4Gmrx0]]> 1 trackback 0 0 21st Amendment in the 21st Century http://westreferenceatt.3fivelab.com/2012/06/21st-amendment-in-the-21st-century/ Mon, 25 Jun 2012 19:28:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5622 USCA Const. Art. I s 8, cl. 3, which reads "[The Congress shall have Power]… To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes[.]" This clause has been held many times to prevent a State from regulating commerce across State lines, and in Leisy v. Hardin, 135 U.S. 100, the Court applied that principle to interstate liquor sales, creating a loophole that wasn’t fully closed until the 18th amendment banned liquor entirely.  When prohibition had run its course (a fascinating story in and of itself), instead of returning to the status quo ante, Congress added U.S.C.A. Const. Amend. XXI, Section 2, which reads: "The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." By recognizing the legal force of State laws banning the import of alcohol and spirits, this clause obviated the older Supreme Court holdings rejecting those laws, and a system of local control evolved which is still in place. All of which makes for a fine history lesson, but it raises the question: who cares?  What’s the value of reading about (or writing about) a legal dispute that was settled in 1933?  The answer is that the dispute isn’t resolved, it’s been litigated on and off ever since, most recently in a suit filed just last February. Last February, the Oglala Sioux filed a lawsuit against a liquor store just outside their reservation.  Alcohol is banned on the reservation, but many on the reservation are able to obtain it from the defendant store.  The Sioux also named multiple national distributorships as defendants, alleging that they have the capacity to stop selling liquor that they know will eventually be consumed illegally. After learning of this suit, I was intrigued by the above-quoted language of the 21st amendment.  While the commerce clause specifically applies to Commerce ‘with the Indian Tribes,’ the 21st amendment only has a more oblique reference to the laws of ‘any….possession of the United States.’ As it turns out, there are two federal enabling statutes that specifically give tribes the power to regulate alcohol use, in case the 21st Amendment’s reservation was not clear enough.  18 USCA s 1154 and 1156 specifically ban the sale of liquor in Indian Country.  18 USC A s 1161 provides an exception where tribal law allows such sale. Whether a tribe can choose to extend these bans outside their reservation remains to be seen.  Either way, the Sioux have chosen the battleground and terms for the next debate over legally mandated abstention. Research References To find out whether the courts had ever discussed the 21st amendment as it applied to tribal laws, I ran the following search in ALLFEDS: 21st twenty-first /2 amendment & indian (native /2 american) tribal & alcohol.  I found 32 results.  Of those results, I found that Citizen bank of Potawatomi Indian Tribe of Oklahoma v. Oklahoma Tax Commission, 975 F.2d 1459, gave a good introduction to the Federal-State-Tribal framework of alcohol regulation. The brief history of liquor regulation above drew heavily from 30 Fordham Urb. L.J. 1849.  For more history and analysis on this issue, try the following descriptive word search on the Law Review and Journals page on WestlawNext: “21st amendment” “commerce clause” The docket number for the Oglala Sioux suit is 4:12cv03027.  The case is in the District of Nebraska, because that’s where the defendant liquor store is located.]]> 5622 2012-06-25 14:28:46 2012-06-25 19:28:46 open open 21st-amendment-in-the-21st-century publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_long_url topsy_short_url _topsy_cache_timestamp _topsy_cache_timestamp _encloseme 24186 http://twitter.com/westlawrefatty/status/217338580153008128 2012-06-25 19:28:50 2012-06-26 00:28:50 New post: 21st Amendment in the 21st Century http://t.co/UAK8alW5]]> 1 trackback 0 0 Title IX—Beyond Athletics http://westreferenceatt.3fivelab.com/2012/06/title-ix-beyond-athletics/ Fri, 22 Jun 2012 14:10:23 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5625 Education Amendments of 1972, Pub. L. No. 92-318, §§ 901–909, 86 Stat. 235, 373–375.  It is codified at 20 U.S.C.A. §§ 1681–1688 (West 2012).  The name, “Title IX,” actually refers to the portion of the public law in which the pertinent legislation appears.   And from the name of the law itself, you may have correctly guessed that the scope of the legislation extends far beyond women and athletics.  In fact, nowhere in Title IX are sports even mentioned.  The essential language reads: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. . . .” 20 U.S.C.A. § 1681. Title IX began as a measure to level the playing field for women in academia, not athletics.  See, e.g., H.R. Rep. No. 92-554 (1971), as reprinted in 1972 U.S.C.C.A.N. 2462, 2511–12; 117 Cong. Rec. 1334–88 (daily ed. Aug. 6, 1971, Aug. 5, 1971) (giving Senator Birch Bayh’s statement as he introduced the bill in the Senate).  Its central aim, at the time of its passage, was to correct discriminatory practices in the hiring and employment of women by federally financed institutions of higher education.  Id.  In addition, the legislation sought to end the customary policies of many college admissions offices that demanded higher admissions criteria for female student applicants.  Id.  The origins of Title IX can be traced to bills in both the House of Representatives and the Senate—Representative Edith Green of Oregon introduced the Higher Education Act of 1971, H.R. 7248, on April 6, 1971, and Senator Birch Bayh of Indiana introduced key amendments to the Education Amendments of 1971 Act, S. 659, on August 5, 1971.  H.R. 7248, 92d Cong. (1st Sess. 1971); Amendment No. 398, S. 659, 92d Cong. (1st Sess. 1971).  Congress reconciled the separate bills by conference committee in early 1972.  S. Rep. No. 92-798 (1972), as reprinted in 1972 U.S.C.C.A.N. 2608, 2671–72 (Conf. Rep.).  When President Nixon eventually signed the bill into law on June 23, 1972, he made no comments about the Title IX provision.  See Education Amendments of 1972, Statement by the President Upon Signing the Bill Into Law, Weekly Comp. Pres. Doc. 1084–85 (June 23, 1972). Of course, since its passage 40 years ago, Title IX has undergone some changes.  For example, after the Supreme Court’s decision in Grove City College v. Bell, 465 U.S. 555, 104 S. Ct. 1211 (1984), where the Court pronounced the statute to apply only to those programs receiving direct federal aid and not schools-at-large if the only assistance provided is through direct student grants, Congress amended Title IX to state specifically that it applies to all recipient institutions, whether federal assistance is direct or indirect.  Civil Rights Restoration Act of 1987, Pub. L. No. 100-259, § 3(a), 102 Stat. 28 (1988) (codified at 20 U.S.C.A. § 1687 (West 2012)). Additional information on the history of Title IX, including other amendments, can be found by viewing the statute, 20 U.S.C.A. § 1681, in WestlawNext.  From there, you can use the History tab to find different versions of the legislation throughout the years.  Also, the Notes of Decisions tab will provide you with a list of editorially selected cases that have involved or interpreted Title IX, conveniently organized by topic area—topics ranging from Employment & Tenure to Elimination of Athletic Programs.   Research Tip: Searching for legislative history can be cumbersome at best, I’d-rather-pull-my-hair-out frustrating at worst.  But WestlawNext makes it easy.  I retrieved all of the congressional documents and presidential statements listed in this post by searching for the public law number—Title IX’s founding document, found in the Credits field of the statute itself—within the Legislative History content page.  I searched for: p.l. (p. pub. public /3 law l.) +3 92-318 This search returned a number of documents mentioning Pub. L. No. 92-318 from within the Congressional Record, the U.S. Code Legislative History, and U.S. GAO Federal Legislative History content pages.  To narrow down to material existing prior to the passage of the law, I used the Filters to impose a date restriction. I searched for all material existing prior to June 24, 1972.  ]]> 5625 2012-06-22 09:10:23 2012-06-22 14:10:23 open open title-ix-beyond-athletics publish 0 0 post 0 _topsy_cache_timestamp topsy_short_url _topsy_long_url topsy_short_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url _encloseme 24187 http://twitter.com/westlawrefatty/status/216171288232861696 2012-06-22 14:10:26 2012-06-22 19:10:26 New post: Title IX—Beyond Athletics http://t.co/tL19Tf5i]]> 1 trackback 0 0 24188 http://twitter.com/lindastern/status/216250932487397376 2012-06-22 19:26:54 2012-06-23 00:26:54 RT @thomsonreuters: Tomorrow - 40th anniversary of Title IX. Here's a post to help you learn a little more about it - http://t.co/EPt325hr]]> 1 trackback 0 0 24189 http://twitter.com/thomsonreuters/status/216250705042866177 2012-06-22 19:26:00 2012-06-23 00:26:00 Tomorrow marks the 40th anniversary of Title IX. Here's a post to help you learn a little more about the law - http://t.co/XCZMEb6p]]> 1 trackback 0 0 24190 http://twitter.com/rich_kang/status/216254645591474177 2012-06-22 19:41:39 2012-06-23 00:41:39 Tomorrow marks the 40th anniversary of Title IX. Here's a post to help you learn a little more about the law - http://t.co/XCZMEb6p]]> 1 trackback 0 0 24191 http://twitter.com/rich_kang/status/216268202177609728 2012-06-22 20:35:32 2012-06-23 01:35:32 RT "@thomsonreuters: Tomorrow marks the 40th anniversary of Title IX... - http://t.co/HoRZMetG" @CornellRowing @CornellSports]]> 1 trackback 0 0 24192 pliers_2000@yahoo.com 163.231.6.70 2012-07-04 21:11:09 2012-07-05 02:11:09 0 0 0 24193 http://twitter.com/em_meyer/status/255843560392376320 2012-10-10 01:33:52 2012-10-10 06:33:52 Also, how did I miss my post re 40th anniversary of #TitleIX back in June? #oops http://t.co/TbeLOlzg]]> 1 trackback 0 0 24194 dermic@gmail.com http:// 125.212.125.62 2013-01-09 07:57:54 2013-01-09 13:57:54 0 0 0 The Lawyer, The Oatmeal, and A Lot of Cash for Charity http://westreferenceatt.3fivelab.com/2012/06/theoatmeal/ Tue, 26 Jun 2012 14:31:15 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5635 not give to FunnyJunk but would instead donate to the American Cancer Society and the National Wildlife Foundation.   Within a day, Inman’s campaign raised $100,000, and as of this writing, pledges have exceeded $200,000—ten times Inman’s original goal. This past week, FunnyJunk’s attorney filed suit, naming himself as plaintiff, against not only Matthew Inman but also Indiegogo, the website that facilitated the fundraising,  along with the American Cancer Society and National Wildlife Foundation.  That complaint is available on Westlaw here: 2012 WL 2225460.  Essentially, this suit alleges that neither Inman nor Indiegogo are statutorily authorized to solicit donations under California’s Supervision of Trustees and Fundraisers for Charitable Purposes Act, CA Gov. Code § 12580 et seq, and the Charitable Solicitation Disclosure Law, CA Bus. & Prof. Code § 17510 et seq, and seeks to impose a constructive trust on the money raised.  The complaint also makes a claim under the Lanham Act, 15 USCA § 1125(a), for use of a false designation, for an unknown person creating a Twitter account using the attorney’s name.  And the complaint includes a claim against Inman for “inciting cybervandalism.”   Relief sought includes actual damages, disgorgement of profits from Inman and Indiegogo, treble damages under the Lanham Act, punitive damages, and attorney fees. You can use the following plain-language search in News on WestlawNext to retrieve numerous articles on this interesting situation.  Note, they generally have a heavy editorial slant (and one not very flattering to lawyers):

    "the oatmeal" funnyjunk

    There are so many interesting legal issues here.  The definition of cybervandalism in the complaint caught my eye for its lack of citation to other authority, and indeed, a search for cyber-vandalism across state and federal cases retrieves only two instances of that term in the case law.  For additional related results, try this search in cases on Westlaw or WestlawNext:

    cyber-vandalism cyber-attack (internet web online /2 vandal! attack! harass!)

    I was also curious about the attorney’s plea for fees, as he is apparently representing himself in this action.  Try searching WestlawNext for "attorney fees" pro-se attorney.  There is a great ALR that surveys the case law in this area, “Right of party who is attorney and appears for himself to award of attorney's fees against opposing party as element of costs,” 78 ALR3d 1119.  As to whether attorney fees could be awarded under the Lanham Act to an attorney appearing pro se, pursuant to 15 USCA 1117, I was not able to immediately find any instance where this issue has been reached in federal court. Perhaps the most significant issue in the case is whether Inman and Indiegogo are subject to the statutory requirements imposed for charitable solicitations.  Regarding the Supervision of Trustees and Fundraisers for Charitable Purposes Act, “Commercial fundraiser for charitable purposes” under CA Gov. Code § 12599 is defined as an individual or entity "who for compensation" solicits charitable donations, or receives or controls charitable donations.  While Indiegogo does receive a commission on campaigns conducted on its website, Inman himself does not necessarily stand to be "compensated" for this charitable campaign.  The Charitable Solicitation Disclosure Law applies more readily on its face, defining “solicitation for charitable purposes" in CA Bus. & Prof. Code § 17510.2 as "any appeal for charitable purposes" or where the name of a charitable organization is referred to in any such appeal.  But both of these laws were enacted to prevent abuses by commercial or for-profit solicitation, so it's not clear whether they'll be held to apply under the unique facts of this case.]]>
    5635 2012-06-26 09:31:15 2012-06-26 14:31:15 open open theoatmeal publish 0 0 post 0 _topsy_long_url _encloseme _slidedeck_slide_title _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url topsy_short_url _edit_last _jd_post_meta_fixed _jd_wp_twitter _wp_jd_target _topsy_cache_timestamp _topsy_cache_timestamp topsy_short_url _topsy_long_url 24195 http://twitter.com/westlawrefatty/status/217626096441634817 2012-06-26 14:31:19 2012-06-26 19:31:19 New post: The Lawyer, The Oatmeal, and A Lot of Cash for Charity http://t.co/2mNEb8XX]]> 1 trackback 0 0 24196 http://twitter.com/lisadannewitz/status/217651023290961920 2012-06-26 16:10:22 2012-06-26 21:10:22 Who sues the American Cancer Society for receiving donations?? "The Lawyer, The Oatmeal, and A Lot of Cash for Charity" http://t.co/AUq1MhBr]]> 1 trackback 0 0
    Dissents from Cert http://westreferenceatt.3fivelab.com/2012/06/dissents-from-cert/ Wed, 27 Jun 2012 15:03:04 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5671 2012 WL 2368660, the Court instead made a summary reversal.  The case concerned a Montana State law barring political contributions by corporations (more information on this law, including historical background, can be found in the Montana State Supreme Court’s decision upholding the law, available at Western Tradition Partnership v. Attorney General, 271 P.3d 1).  The Supreme Court’s per curiam opinion held the law invalid in light of Citizens United v. F.E.C., 130 S.Ct. 876. Considering the disparagement leveled at the Citizens United decision, I expect the Court’s critics won’t be silent about American Tradition Partnership.  Credit for the first criticism, though, goes to Justice Stephen Breyer, whose dissent actually beats the Court’s opinion for length. Breyer’s dissent, interestingly, isn’t just from the court’s holding (the reversal), but from the grant of cert itself.  I knew that there were plenty of instances of dissents from Cert denials, (a practice started by Justice Rutledge in Application of Homma, 327 U.S. 759, but famously perfected by Justices Brennan and Marshall in the 1980s), but how many times had a Justice chosen to record his objection to a grant of cert.  I was able to find 70 instances, most of which are summary reversals or summary vacations, along the lines of American Trade Partnership. These dissents provide a fascinating glimpse behind the curtain of our nations highest (and most famously private) Court, and in a way it’s considerate of Breyer to let us see these internal debates.  The majority, however, would likely not see it this way. Research References To determine the first person to dissent from a denial of certiorari, I ran the following search in SCt: petition /s certiorari /s den! & dis(grant!) & da(bef 1950).  Reading through the 29 results was a fairly simple task from there.  I’m only counting results after the adoption of modern cert procedure. To see some of the other petitions that were granted Monday, try the following search in the Supreme court: Certiorari /s petition /s grant! & da(06/25/2012). To find prior dissents from cert grants, I ran this search: LE(CERTIORARI /S GRANT! /S PETITION) & DIS(DENY DENIED /S PETITION).]]> 5671 2012-06-27 10:03:04 2012-06-27 15:03:04 open open dissents-from-cert publish 0 0 post 0 _topsy_cache_timestamp topsy_short_url _jd_wp_twitter _jd_post_meta_fixed _edit_last _slidedeck_slide_title _topsy_long_url _encloseme _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _wp_jd_bitly _wp_jd_clig _jd_twitter _jd_tweet_this topsy_short_url _topsy_long_url 24197 http://twitter.com/westlawrefatty/status/217996489778147329 2012-06-27 15:03:08 2012-06-27 20:03:08 New post: Dissents from Cert http://t.co/sTZ2Q0ka]]> 1 trackback 0 0 Sandusky Trial and Histrionic Personality Disorder as a Defense http://westreferenceatt.3fivelab.com/2012/06/sandusky-trial-and-histrionic-personality-disorder-as-a-defense/ Fri, 29 Jun 2012 16:10:26 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5681 nd, a jury found Jerry Sandusky guilty of sexually abusing ten boys.  He was charged with 45 counts of sexual abuse, to be served consecutively.  This means that at 68, Mr. Sandusky will most likely spend the rest of his life in jail. Sandusky Guilty Of Sexual Abuse Of 10 Young Boys, 2012 WLNR 13114287 Although most of the documents are sealed, the docket from the Supreme Court of Pennsylvania denying extraordinary relief is available on Westlaw and WestlawNext in the Pennsylvania state court dockets at 102 MM 2012. Some of the filings and briefs from the case can also be found by searching ti(Gerald /3 sandusky) in the Pennsylvania state and federal materials on WestlawNext. The assistant coach at one of the most well-known institutions in college football, Penn State, was revered by many for his feats in leading his team time and again to victory on the playing field.  In addition to the time he spent as a coach, Mr. Sandusky also created a charity for wayward boys which he called “Second Mile.”  It is through this charity it is said he found many of his victims.  At Trial, Sandusky's Wife Comes to His Defense, 2012 WLNR 12809390 The prosecution’s case against Mr. Sandusky was quite damning, to say the least.  In addition to the grueling testimony from the victims and other witnesses, the prosecution also offered into evidence a series of letters from Mr. Sandusky to his young charges which have been described as being rather romantic in nature.  The defense provided the interesting alternative of “histrionic personality disorder” as a reason for the effusive letters.  Although this condition might have caused Sandusky to seek attention with the letters, the defense experts argued, histrionic personality disorder would not necessarily lead him to molest children.  Sandusky defense may use psychiatrist, 2012 WLNR 12854159 In Attorneys Medical Advisor, histrionic personality disorder is defined as “dramatic, flamboyant, extroverted behavior in patients with widely fluctuating emotions.”  6 Attorneys Medical Advisor § 46:15 Obviously, this defense did not work out for Mr. Sandusky.  In fact, many in the press wondered about the soundness of offering it as an option in the first place.  Invoking Scarlett O'Hara? ** Sandusky lawyers say histrionic personality disorder explains 'love letters' to accusers., 2012 WLNR 12775150 But as it turns out, this disorder has come up as a defense before in several other cases.  Try the following search in ALLCASES in Westlaw or All State and Federal Materials in WestlawNext to get a sense of how histrionic personality disorder has been used in previous cases: Histrionic /3 personality behavior /p defense In secondary sources, this search reveals that histrionic personality disorder has been used to terminate parental rights, to discredit female victims of sexual assault, as a reason to grant lesser sentences under Federal Sentencing Guideline 5K2.13 in nonviolent cases, and as a cause for eligibility under the federal social security act. Some interesting cases where histrionic personality disorder was offered as a defense include: State v. Burris, 298 N.J. Super. 505, 689 A.2d 860 (App. Div. 1997): a young lady who claimed to have killed her mother by accident proffered histrionic personality disorder as a reason for her calm and collected manner after her mother’s death.  She was charged with murder at the trial, but the case was reversed on appeal because the court held that her right to remain silent was violated when the trial court refused to allow expert testimony regarding her mental condition unless she testified.   The defense didn’t work at the new trial—she was again charged and sentenced to 30 years in prison with eligibility for parole after 12 years. People v. Mercer, 70 Cal. App. 4th 463, 82 Cal. Rptr. 2d 723 (1999):  Defendant was determined to be a sexually violent predator who would reoffend if he was released.   On appeal, the court asked to review whether all of the elements for finding someone to be a sexually violent predator had been met.  One of the elements required the finding that the party had a diagnosable mental disorder.  While the prosecution’s experts determined that the defendant had a personality disorder with schizoid features, the defense expert testified that the defendant had histrionic and narcissistic tendencies.  The prosecution experts reached the conclusion that the defendant would repeat his sexually deviant behavior and the defense stated that there was no evidence that the defendant would likely reoffend.  The court affirmed the lower court’s judgment. As these two cases show, histrionic personality disorder may not be very successful as a defense, but it hasn’t stopped people from trying. Additional Information: Tess Wilkinson-Ryan, Admitting Mental Health Evidence to Impeach the Credibility of A Sexual Assault Complainant, 153 U. Pa. L. Rev. 1373 (2005) Parents’ Mental Illness or Mental Deficiency As Ground for Termination of Parental Rights-General Considerations, 113 A.L.R.5th 349 (Originally published in 2003) What constitutes "disability" within Federal Social Security Act, 77 A.L.R.2d 641 (Originally published in 1961) Downward departure under § 5K2.13 of United States Sentencing Guidelines (U.S.S.G.) permitting downward departure for defendants with significantly reduced mental capacity convicted of nonviolent offenses, 128 A.L.R. Fed. 593 (Originally published in 1995) Generalized Anxiety Disorders, 27 Am. Jur. Proof of Facts 3d 1 (Originally published in 1994)]]> 5681 2012-06-29 11:10:26 2012-06-29 16:10:26 open open sandusky-trial-and-histrionic-personality-disorder-as-a-defense publish 0 0 post 0 _topsy_long_url topsy_short_url _topsy_cache_timestamp _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _encloseme 24200 querying@gmail.com http:// 203.215.123.189 2013-02-04 11:59:04 2013-02-04 17:59:04 0 0 0 24199 Lynelle_Ferrand@hotmail.com http://www.dlhattorneys.com 187.1.172.182 2012-07-31 19:00:30 2012-08-01 00:00:30 0 0 0 24198 http://twitter.com/westlawrefatty/status/218740758763667456 2012-06-29 16:20:35 2012-06-29 21:20:35 Sandusky and histrionic personality disorder as a defense read the new Westlaw Reference Attorney blog post http://t.co/FES8D2Oa]]> 1 trackback 0 0 Supreme Court rules on health care law http://westreferenceatt.3fivelab.com/2012/06/supreme-court-rules-on-health-care-law/ Thu, 28 Jun 2012 16:19:39 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5684 National Federation of Independent Business v. Sebelius is available on Westlaw and WestlawNext at 2012 WL 2427810.  From the Court's synopsis: In 2010, Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision is the individual mandate, which requires most Americans to maintain “minimum essential” health insurance coverage. For individuals who are not exempt, and who do not receive health insurance through an employer or government program, the means of satisfying the requirement is to purchase insurance from a private company. Beginning in 2014, those who do not comply with the mandate must make a “[s]hared responsibility payment” to the Federal Government. The Act provides that this “penalty” will be paid to the Internal Revenue Service with an individual’s taxes, and “shall be assessed and collected in the same manner” as tax penalties.  Another key provision of the Act is the Medicaid expansion. The current Medicaid program offers federal funding to States to assist pregnant women, children, needy families, the blind, the elderly, and the disabled in obtaining medical care. The Affordable Care Act expands the scope of the Medicaid program and increases the number of individuals the States must cover. For example, the Act requires state programs to provide Medicaid coverage by 2014 to adults with incomes up to 133 percent of the federal poverty level, whereas many States now cover adults with children only if their income is considerably lower, and do not cover childless adults at all. The Act increases federal funding to cover the States’ costs in expanding Medicaid coverage. But if a State does not comply with the Act’s new coverage requirements, it may lose not only the federal funding for those requirements, but all of its federal Medicaid funds.  Twenty-six States, several individuals, and the National Federation of Independent Business brought suit in Federal District Court, challenging the constitutionality of the individual mandate and the Medicaid expansion. The Court of Appeals for the Eleventh Circuit upheld the Medicaid expansion as a valid exercise of Congress’s spending power, but concluded that Congress lacked authority to enact the individual mandate. Finding the mandate severable from the Act’s other provisions, the Eleventh Circuit left the rest of the Act intact. The Supreme Court affirmed in part and reversed in part. The Court announced the following holdings:
    1. Justice Roberts, in Part II, concluded that the Anti-Injunction Act did not bar the suit.
    2. Justice Roberts, in Part III-A, concluded that the individual mandate is not a valid exercise of Congress’s power under the Commerce Clause and the Necessary and Proper Clause.
    3. Justice Roberts, in Part III-B, concluded that the individual mandate must be construed as imposing a tax on those who do not have health insurance, if such a construction is reasonable.
    4. Justice Roberts, in Part III-C, concluded that the individual mandate may be upheld as within Congress’s power under the Taxing Clause.
    5. Justice Roberts, joined by Justices Breyer and Kagan, in Part IV, concluded that the Medicaid expansion violates the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion.
    6. Justice Ginsburg, joined by Justice Sotomayor, is of the view that the Spending Clause does not preclude the Secretary from withholding Medicaid funds based on a State’s refusal to comply with the expanded Medicaid program. But given the majority view, she agrees with Justice Roberts’ conclusion in Part IV–B that the Medicaid Act’s severability clause determines the appropriate remedy. Because Justice Roberts finds the withholding—not the granting—of federal funds incompatible with the Spending Clause, Congress’ extension of Medicaid remains available to any State that affirms its willingness to participate. Even absent the Act’s command, the Court would have no warrant to invalidate the funding offered by the Medicaid expansion, and surely no basis to tear down the Act in its entirety. When a court confronts an unconstitutional statute, its endeavor must be to conserve, not destroy, the legislation.
     Justice Roberts (joined by Justices Ginsburg, Breyer, Sotomayor and Kagan) wrote the opinion of the Court with respects to Parts I, II and III-C. Justice Roberts (joined by Justices Breyer and Kagan) wrote the opinion with respect to Part IV. He wrote for himself in Parts III-A, III-B and III-D. Justice Ginsburg (joined by Justice Sotomayor in full and by Justices Breyer and Kagan as to Parts I, II, III and IV) concurred in the judgment in part and dissented in part. Justices Scalia, Kennedy, Thomas and Alito filed a dissenting opinion. Justice Thomas filed a dissenting opinion. ]]>
    5684 2012-06-28 11:19:39 2012-06-28 16:19:39 open open supreme-court-rules-on-health-care-law publish 0 0 post 0 _slidedeck_slide_title _edit_last topsy_short_url _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme _topsy_long_url 24201 marianosanches@gmail.com http://www.thailandtravelexpo.com/profile.php?mode=viewprofile&u=54124 5.144.176.167 2013-05-07 03:20:48 2013-05-07 08:20:48 0 0 0
    Lincoln's Real-Life "Vampire" Hunting http://westreferenceatt.3fivelab.com/2012/07/lincolns-real-life-vampire-hunting/ Mon, 02 Jul 2012 15:53:07 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5698 Abraham Lincoln Vampire Hunter, the novel and now a movie, is  a fantastical work of fiction. But Lincoln did fight hard against an evil that he believed to be leading to the deaths of Americans and sucking the country dry. A House committee report described the problem this way:
    “Worse than traitors in arms are the men who pretend loyalty to the flag, feast and fatten on the misfortunes of the nation, while patriot blood is crimsoning the plains of the South and bodies of their countrymen are moldering in the dust.” Report of the House Committee on Government Contracts, March 3, 1863 cited by U.S. ex rel. Marcus v. Hess, 127 F.2d 233, footnote 12, (3d Cir. 1942)
    FALSE CLAIM BOUNTY HUNTERS The senator who introduced the bill claimed, “[m]en have striven to make the blood of our martyrs the seed of wealth.” Id. at 236.  Abraham Lincoln championed the False Claims Act of 1863 to end the profiteering by vendors who were selling the government defective goods during the Civil War.  It was referred to as "Lincoln’s Law." These sales to the government not only wasted money from an already depleted Treasury but likely also contributed to the deaths of untold numbers of soldiers through shoddy munitions like  guns that wouldn't shoot, rotting rations and inadequate medical supplies. The resulting legislation encouraged private individuals to bring  scammers to justice through qui tam civil suits. 31 U.S.C.A. § 3729 et seq.  These individuals, called "relators," bring suits on behalf of the government and then share in the recovery.  31 U.S.C.A. § 3730.  Relators came to be known as "bounty hunters" or "private attorneys general." Vampire Hunter doesn’t sound so far-fetched when you look at the history of the False Claims Act. After all, the act was “intended to protect the treasury against the hungry and unscrupulous host that encompasses it on every side.” U.S. v. Griswold, 24 F. 361, 366 (D. Oregon, 1885) RESEARCH REFERENCES To learn more about the background of the FCA, I ran a search in WestlawNext with my jurisdiction set at All Federal, using the following terms:

    history of the false claims act

    There is a lot of talk about the legislative history of the FCA so to narrow in on material discussing the initial enactment of the law, I chose my document type—I looked in cases and secondary sources—then filtered my results by entering Lincoln and the Civil War into Search within results. ]]>
    5698 2012-07-02 10:53:07 2012-07-02 15:53:07 open open lincolns-real-life-vampire-hunting publish 0 0 post 0 _slidedeck_slide_title _topsy_long_url topsy_short_url topsy_short_url _topsy_cache_timestamp _topsy_long_url _edit_last _encloseme 24203 http://twitter.com/burgerlibrary/status/219909620737646592 2012-07-02 21:45:13 2012-07-03 02:45:13 Okay, not *exactly* vampires. Lincoln’s Real-Life “Vampire” Hunting - West Ref. Atty Blog http://t.co/5S8RIXdl]]> 1 trackback 0 0 24202 http://twitter.com/westlawrefatty/status/219832213221543936 2012-07-02 16:37:38 2012-07-02 21:37:38 Lincoln’s Real-Life “Vampire” Hunting - new Reference Attorney blog post http://t.co/3KXNgCPy]]> 1 trackback 0 0
    New Treasury Regulations Re: Abusive collection tactics http://westreferenceatt.3fivelab.com/2012/07/new-treasury-regulations-re-abusive-collection-tactics/ Fri, 06 Jul 2012 14:46:29 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5710 Recent news reports about allegedly abusive activities by collection companies in emergency rooms has influenced new proposed regulations by the Department of the Treasury. Accretive Health, a medical billing services company, has come under scrutiny by the State of Minnesota regarding its collection practices in hospitals, particularly emergency rooms. Minnesota Attorney General, Lori Swanson, started investigating Accretive after the company lost a laptop computer containing health information about over 20,000 Minnesota patients. The investigation uncovered claims of overly aggressive collection practices in certain Minnesota hospitals holding contracts with Accretive for billing and collection services. Minnesota has filed a lawsuit against Accretive Health for violations of state and federal privacy, consumer protection, and collection laws. DOCKET You can quickly find the Minnesota docket on WestlawNext by clicking on Dockets on the home page, then, narrowing to Minnesota. Run an Advanced search using the template for the following participant names:

    Minnesota & Accretive

    NEW TREASURY REGS On June 26th, the Treasury Department proposed new regulations for debt collection practices in hospitals. New regulations appear in the Federal Register. I wanted to find those new regulations. On WestlawNext, I clicked on the link to Proposed & Adopted Regulations from the home screen, and then clicked on the Federal Register link. Try the following terms and connectors search in the Federal Register:

    treasury & hospital & collections & DA(last 1 month)

    This brings back 77 FR 38148-01, which includes the proposed new regulation requiring emergency medical care policies to prohibit “debt collection activities from occurring in the emergency department or in other hospital venues where such activities could interfere with the treatment of emergency medical conditions without discrimination…” Track the reg using RIN 1545-BK57.  ]]>
    5710 2012-07-06 09:46:29 2012-07-06 14:46:29 open open new-treasury-regulations-re-abusive-collection-tactics publish 0 0 post 0 _topsy_long_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp topsy_short_url _topsy_long_url _encloseme topsy_short_url 24204 http://www.debtcreditloans.net/credit-card-debt-statute-of-limitations-considerations/ 184.154.192.162 2012-07-14 13:24:28 2012-07-14 18:24:28 0 pingback 0 0
    The Act the Supreme Court did strike down http://westreferenceatt.3fivelab.com/2012/06/the-act-the-supreme-court-did-strike-down/ Fri, 29 Jun 2012 20:01:19 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5722 that decision.  It's the Court's ruling in U.S. v. Alvarez, 2012 WL 2427808. That decision, much to the dismay of unif0rmed service members, veterans groups, and many others, struck down a statute known as the Stolen Valor Act (18 USCA 704), which made it a crime to falsely claim that one had earned a prestigious military honor. In the case, Alvarez was convicted under the Stolen Valor Act of having lied about being a recipient of the Medal of Honor.  In fact, the court provides a none too flattering assessment of Alvarez:
    Lying was his habit. Xavier Alvarez, the respondent here, lied when he said that he played hockey for the Detroit Red Wings and that he once married a starlet from Mexico. But when he lied in announcing he held the Congressional Medal of Honor, respondent ventured onto new ground; for that lie violates a federal criminal statute, the Stolen Valor Act of 2005. 18 U.S.C. § 704.
    2012 WL 2427808 at *4 Alvarez's propensity for fibbing aside, the Court ultimately struck down the Act, as a violation of the First Amendment.  The court reasoned that it put an impermissible content-based restriction on speech.  Id. at *9-10. While perhaps infuriating, it strikes me that this decision is consistent with previous Supreme Court precedent.  The case that immediately popped to my mind is the case of R.A.V. v. City of St. Paul, 505 U.S. 377, where the court struck down an ordinance in the City of St. Paul prohibiting bias-motivated disorderly conduct including, among other things, cross burning.  Striking down the ordinance as unconstitutional because it discriminated against speech on the basis of not only content, but also viewpoint, the Court reinforced the long-standing principle that even offensive speech cannot be discriminated against.  This principle extends into the Alvarez ruling. The following search shows that, even when looking just at the Supreme Court, there is a long history of cases striking down restrictions on speech because the subject matter is derogatory or offensive: Search: restrict! impair! infring! constrain! prohibit! limit! /s offensive derogatory /s speech (19 Docs) Content:  Supreme Court Cases (SCT on Westlaw.com) Veterans' groups are understandably upset.  A quick search through the news sources on Westlaw or WestlawNext using the following query yields a number of results detailing the reactions among veterans to the ruling. Search: veteran /p supreme court & "stolen valor" & da(aft 06/27/2012) Even with this Act being struck down, it seems likely that veterans will continue to be vocal in defending the honor they earned in their service, and in calling out those who seek to coattail on that honor.  And rightly so.]]>
    5722 2012-06-29 15:01:19 2012-06-29 20:01:19 open open the-act-the-supreme-court-did-strike-down publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24205 http://twitter.com/thechiefsteve/status/218917175715573760 2012-06-30 04:01:36 2012-06-30 09:01:36 The Act the Supreme Court did strike down: But when he lied in announcing he held the Congressional Medal of Hon... http://t.co/JOhUJuEm]]> 1 trackback 0 0
    All Eyes on Oklahoma http://westreferenceatt.3fivelab.com/2012/07/all-eyes-on-oklahoma/ Thu, 05 Jul 2012 13:38:22 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5748 2012 WLNR 13611290. Mr. Sullivan’s primary loss is interesting (using a broad definition of the term ‘interesting’) because it arose from a healthcare related bill he sponsored last year.  The Healthcare Truth and Transparency Act of 2011 would have required persons performing medical services who are not doctors to disclose this fact in their advertisements.  See 2011 Cong US HR 451.  This led to large expenditures in the Oklahoma primary, with groups representing the interests of ophthalmologists (who must hold medical degrees) spending on behalf of Mr. Sullivan, while those who represented the interests of optometrists (who need not hold medical degrees) support Mr. Bridestine.  2012 WLNR 13471915. When I read about this proxy fight between optometrists and ophthalmologists, it immediately brought to mind my first year ConLaw class, and the case of Williamson v. Lee Optical, 348 U.S. 483.  That case concerned a 1953 State statute that restricted the ability to write prescriptions for eyeglasses to ophthalmologists and optometrists.  The statute was challenged on Due Process grounds by opticians, who argued that it interfered unreasonably and arbitrarily with their ability to conduct business.  The Supreme Court rejected the challenge, and is still cited for the proposition that the Due Process clause does not protect an individual’s economic rights. And what state was it that passed a law almost 60 years ago concerning who could and who could not write a prescription for corrective eyewear?  It was none other than the Sooner State, Oklahoma. Research References The Oklahoma law challenged in Williamson v. Lee Optical is still on the books, and has only been amended once since it was first passed59 Okl.St.Ann. § 942. The Williamson case was cited as recently as last month see Garcia v. Kubosh, 2012 WL 2357328.  I was able to find this and other recent references to the case by viewing its citing references and sorting them by date in WestlawNext. To see more news coverage on Congressman Sullivan’s surprise defeat, try the following search in ALLNEWS in Westlaw or WestlawNext: optometr! ophthalm! & oklahoma & john /3 sullivan Originally, I tried looking for Congressman Sullivan’s bill using the search TE(ophthalm!) & TE(Sullivan) in CONG-BILLTXT.  While this found the found the “Vision Care for Kids Act of 2009,” co-sponsored by Mr. Sullivan, but not the bill at issue last Tuesday.  To see the bill that lost Congressman Sullivan his seat, I tried the following search in CONG-BILLTXT-ALL:  TE(health-care /3 truth /3 transparency).  The search returns 4 results; Mr. Sullivan has introduced a version of the bill every 2 years since 2005. Next January, when Mr. Bridestine takes his seat, I don’t expect him to introduce a similar bill.]]> 5748 2012-07-05 08:38:22 2012-07-05 13:38:22 open open all-eyes-on-oklahoma publish 0 0 post 0 _edit_last _topsy_cache_timestamp _topsy_long_url _topsy_long_url topsy_short_url topsy_short_url _slidedeck_slide_title _encloseme 24207 Carolynn_Hambley@gmail.com 190.85.151.90 2012-07-31 19:00:31 2012-08-01 00:00:31 0 0 0 24206 http://twitter.com/westlawrefatty/status/220876668368195586 2012-07-05 13:47:56 2012-07-05 18:47:56 New blog post: All Eyes on Oklahoma. Find it at http://t.co/sDY04uRL]]> 1 trackback 0 0 "Fast and Furious" Research http://westreferenceatt.3fivelab.com/2012/07/fast-and-furious-research/ Thu, 05 Jul 2012 16:15:43 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5752 158 Cong. Rec. H4164-02; see also H.R. REP. 112-546.  And as Republicans take aim at President Obama for his assertion of executive privilege in the matter, the question is whether, with the election only months away, it will deepen into a full-scale scandal that diminishes his presidency and election prospects, or whether it will fade amidst the partisan battles over health care, immigration and the economy.   While the end result is still far from certain, we can get a better understanding of the timeline and key facts through Westlaw news and congressional research.  First, I ran the following search in Congressional Testimony and the Congressional Record on WestlawNext for public statements from Attorney General Holder and others regarding the failed operation:  fast +3 furious & gun weapon firearm arms & mexic!  The earliest reference I find in Congressional Testimony to the “Fast and Furious” operation is from March 31, 2011—only a passing reference in the context of greater U.S.-Mexico security cooperation from the Director of the Trans-Border Institute.   The earliest testimony from Attorney General Holder himself comes months later, on November 8, 2011, where he states:
     “ …This operation was flawed in concept, as well as in execution. And, unfortunately, we will feel its effects for years to come as guns that were lost during this operation continue to show up at crime scenes both here and in Mexico. This should never have happened. And it must never happen again.”
    I then ran the same search in News on WestlawNext (database ALLNEWS on Westlaw Classic). The earliest I find is a Washington Post story dated January 31, 2011 that reported arrests under the operation, and touted it as an example of recent successes that would be hampered after budget cuts at the Bureau of Alcohol, Tobacco and Firearms. Cuts threaten ATF's efforts to stem flow of guns south, 2011 WLNR 1915933.  Additional Research  There is already a significant number of scholarly works referencing “Fast and Furious” (the above query produces over 30 articles in Secondary Sources on WestlawNext (database TP-ALL on Westlaw Classic).  To be alerted to new publications, simply add the above query to WestClip.  ]]>
    5752 2012-07-05 11:15:43 2012-07-05 16:15:43 open open fast-and-furious-research publish 0 0 post 0 topsy_short_url _topsy_cache_timestamp topsy_short_url _topsy_long_url _topsy_long_url _slidedeck_slide_title _edit_last _encloseme 24209 http://westreferenceattorneys.com/2012/08/fast-and-furious-update-house-sues-holder/ 173.201.144.128 2012-08-20 10:12:55 2012-08-20 15:12:55 0 pingback 0 0 24208 http://twitter.com/westlawrefatty/status/220973051376967680 2012-07-05 20:10:55 2012-07-06 01:10:55 New blog post: Fast and Furious Research. Find it at http://t.co/STSrfVl7]]> 1 trackback 0 0
    Independence Day, as seen on Westlaw http://westreferenceatt.3fivelab.com/2012/07/independence-day-as-seen-on-westlaw/ Thu, 05 Jul 2012 21:41:41 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5763 1 Stat. 1, you'll find the document that is the reason for the holiday in the first place, the Declaration of Independence.  My next thought was to find the law Congress passed establishing July 4 as a national holiday.  Should be simple enough, right?  But as I ran a search through US-STATLRG, the database for United States Statutes at Large from 1789-1972, I was quickly sidetracked.  Simply searching that database for "july 4" brought back 157 documents.  But what struck me as surprising about that was the amount of legislative business that has been conducted on that day.  There are 11 enactments alone from July 4, 1836!  I also learned that the First Session of the 37th Congress convened on July 4, 1861.  Not surprisingly, the first acts of business of this session related to providing arms and payment for Union soldiers. Actually, the Fourth of July wasn't recognized as a holiday by the federal government until 1870, in 16 Stat. 168, which provided:
    Be it enacted by the Senate and House of representatives of the United States of America in Congress assembled, that the following days, to wit: the first day of January, commonly called New Year's day, the fourth day of July, the twenty-fifth day of December, commonly called Christmas day, and any day appointed or recommended by the President of the United States as a day of public fast or thanksgiving, shall be holidays within the District of Columbia, and shall, for all purposes of presenting for payment or acceptance for the maturity and protest, and giving notice of the dishonor of b ills of exchange, bank checks and promissory notes or other negotiable or commercial paper, be treated and considered as is the first day of the week, commonly called Sunday, and all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on either of said holidays shall be deemed as having matured on the day previous. Approved, June 28, 1870.
    Search:  fourth /3 july in US-STATLRG. In fact, it wasn't until 1938 that it became a paid holiday for federal employees:
    Resolved by the Senate and House of representatives of the United States of America in Congress assembled, that hereafter whenever regular employees of the Federal Government whose compensation is fixed at a rate per day, per hour, or on a piece-work basis are relieved or prevented from working solely because of the occurrence of a holiday such as New Year's Day, Washington's Birthday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or any other day declared a holiday by Federal statute or Executive order, or any day on which the departments and establishments of the Government are closed by Executive order, they shall receive the same pay for such days as for other days on which an ordinary day's work is performed. Section 2. The joint resolution of January 6, 1885 (U.S.C., title 5, sec. 86), and all other laws inconsistent or ion conflict with the provision of this Act are hereby repealed to the extent of such inconsistency or conflict. Approved, June 29, 1938.
    Public Resolution 75-127 (52 Stat. 1246).  Search: "Fourth of July" in FED-LH. So to all those employees, federal or otherwise, who enjoyed their paid holiday, Happy Fourth of July!]]>
    5763 2012-07-05 16:41:41 2012-07-05 21:41:41 open open independence-day-as-seen-on-westlaw publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme
    Adoption and parental status for same-sex couples http://westreferenceatt.3fivelab.com/2012/07/adoption-and-parental-status-for-same-sex-couples/ Thu, 05 Jul 2012 23:05:04 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5766 2012 WL 2135593.  State law permits a married couple to jointly adopt a child, an individual to adopt a child, and a spouse to adopt the child of another spouse.  But  an unmarried partner may not adopt his/her partner’s children as a second parent.  And like many states, North Carolina does not recognize marriages between same-sex couples.  See N.C.G.S.A. Art XIV s 6. This suit follows the decision of the North Carolina Supreme Court in Boseman v. Jarrell, 704 S.E.2d 494, holding that an adoption decree was void as not authorized by statute where the adoption purported to add a second parent who was not the spouse of the child’s legal parent.  However, the Boseman court further held that the non-legal parent was still able to petition the court for custody where the legal/biological parent acted “inconsistently with his or her paramount parental status.” The Boseman case highlights the role of the court as problem-solver in these complex cases.  In other jurisdictions, various doctrines have developed to resolve issues of child custody and visitation where a former partner has a “parent-like relationship” with a child, is a “de facto parent,” stands in loco parentis, or similar concepts.  See “Child custody and visitation rights arising from same-sex relationship,” 80 A.L.R.5th 1, or try searching on WestlawNext for "same-sex parents" custody.  These doctrines have been developed and adapted to deal with a variety of non-traditional family relationships or other scenarios not anticipated by the legislature. Meanwhile, some other states have allowed second-parent adoptions, and many states allow for same-sex couples to adopt jointly.  See “Adoption of Child by Same-Sex Partners,” 61 A.L.R.6th 1.  As has been the case with marriage, some same-sex couples have traveled to other states in order to adopt children … and as in the case of marriage, crossing jurisdictional lines carries its own pitfalls.  In Adar v. Smith, 639 F.3d 146, a same-sex couple adopted a Louisiana-born child in an adoption proceeding in New York, and the Louisiana State Registrar refused to issue an amended birth certificate reflecting the adoptive parents.  The 5th Circuit Court of Appeal found that the Registrar’s refusal did not deny the adoptive parents full faith and credit of the New York adoption order, and that the Louisiana adoption law that did not permit unmarried couples to obtain revised birth certificates did not violate the equal protection clause.]]> 5766 2012-07-05 18:05:04 2012-07-05 23:05:04 open open adoption-and-parental-status-for-same-sex-couples publish 0 0 post 0 _topsy_long_url topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _encloseme _topsy_cache_timestamp 24211 SteeplesSprow5797@gmail.com http://AdoptionZone.org/parenting-gifted-child/139203-toys-gifted-children.html 174.96.112.165 2013-06-20 09:33:26 2013-06-20 14:33:26 0 0 0 24210 http://twitter.com/burgerlibrary/status/221336530134892544 2012-07-06 20:15:15 2012-07-07 01:15:15 Adoption and parental status for same-sex couples - West Reference Atty Blog http://t.co/PuiSsol3]]> 1 trackback 0 0 Crime & Punishment http://westreferenceatt.3fivelab.com/2012/07/crime-punishment/ Wed, 11 Jul 2012 17:59:33 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5779 “My first offense, and they gave me all this time.  Might just as well say I’m dead.”

    Those are the solemn words of Quartavious Davis who, in 2010, was an 18-year-old accused of carrying and twice discharging a firearm during a series of robberies in the Miami area. 2012 WLNR 13925081.  On the basis of his accomplices’ testimony, he was convicted in federal court and sentenced to nearly 162 years in prison without the possibility of parole. His accomplices received plea deals in exchange for their testimony and received sentences ranging from nine to 22 years in prison. Quartavious Davis’ conviction raises the question of just what is “cruel and unusual punishment.” (U.S.C.A. Const. Amend. VIII) The U.S. Supreme Court has held that a life-without-parole sentence is “grossly disproportionate” when imposed on one under 18 years of age. Graham v. Florida, 130 S. Ct. 2011, 2043. Consequently, such a sentence violates the 8th Amendment clause proscribing cruel and unusual punishment. This provides little solace for Davis, who was 18 at the time of the crimes. However, it is fair to suggest that a prison sentence exceeding a century for an 18-year-old first-time offender also qualifies as grossly disproportionate. This argument will likely be made by Davis’ attorney, who has appealed to the Eleventh Circuit Court of Appeals. The 162-year sentence imposed on Davis results from “stacking”—considering each count in an indictment as a separate crime, subjecting a defendant to multiple sentences and mandatory sentencing guidelines. Davis was convicted of seven counts of possession of a firearm in furtherance of violence. 18 U.S.C.A. 924(c)(1)(A). He received seven years for the first firearms count and 25 years for each subsequent count. The controversial practice of stacking is supported by those who argue it protects the public by incapacitating criminals for longer periods of time through incarceration, but rejected by opponents who believe it results in excessive and unjust sentences. There’s no disputing where Quartavious Davis stands on the issue: “There ain’t no justice in the justice system.” 2012 WLNR 13925081 For additional materials on this issue, the following queries may be run on WestlawNext: stacking concurrent! /s sentenc! /s mandatory  /s federal /s crim! (31) Content: Secondary Sources Jurisdiction: All State & Federal stacking concurrent! /s sentenc! /s mandatory  /s federal /s crim! (6) Content: Cases Jurisdiction: All Federal]]>
    5779 2012-07-11 12:59:33 2012-07-11 17:59:33 open open crime-punishment publish 0 0 post 0 _topsy_long_url topsy_short_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url _encloseme 24212 http://twitter.com/hypogene/status/223122647163207680 2012-07-11 18:32:39 2012-07-11 23:32:39 In Florida, an 18 year old, first-time offender, charged with robbery and weapons possession was given 162 years: http://t.co/h414YhNT]]> 1 trackback 0 0
    The TomKat Divorce Strategy http://westreferenceatt.3fivelab.com/2012/07/the-tomkat-divorce-strategy/ Thu, 12 Jul 2012 21:35:24 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5800 6/29/12 Reuters News 20:00:09. Despite having a primary residence in California, Holmes filed for divorce in New York, where they maintain another residence. News sources have reported several potential reasons for the choice of New York over California. An initial reason that was mentioned by the media early on was that New York may more likely to grant Holmes sole custody of their daughter, Suri. 2012 WLNR 13844588. Another reason mentioned was that New York divorce records are not public, while California’s are. 2012 WLNR 13796436. The choice of jurisdiction lead to media speculation that the divorce would be contentious, but Cruise and Holmes settled quickly, keeping the terms of the settlement private. Going back to the speculation regarding child custody, I found an interesting article online talking about the differences between how joint custody works in California versus New York.  The article indicates that parents with joint custody in California have the ability to make decisions alone, presumably without the input of the other parent. In New York, parents must agree on important decisions. Both New York and California have great secondary sources, so I decided to start there. In New York Secondary Sources, I tried the following simple terms and connectors search: "joint custody" & decision! I get about 188 New York specific articles with this search. I used the filters to narrow to those in New York. I noticed the following article, which has language to back up the statement that major life decisions regarding religion, medical care, and education are jointly made. 3 NY Fam Ct. Law & Prac § 16:28, "Custody--Joint Custody" Then, I ran the same search in California Secondary Sources. The first result is an article from the California Practice Guide. Cal. Prac. Guide Family L. Ch. 7-D, "Joint Custody" Section 7:354 of that article quotes from West's Ann.Cal.Fam.Code § 3083 that “either parent acting alone may exercise legal control of the child.”]]> 5800 2012-07-12 16:35:24 2012-07-12 21:35:24 open open the-tomkat-divorce-strategy publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url _encloseme 24213 9064Becenti@gmail.com / 190.37.189.31 2013-01-11 23:39:19 2013-01-12 05:39:19 0 0 0 Are Unpaid Internships Still Worth It? http://westreferenceatt.3fivelab.com/2012/07/are-unpaid-internships-still-worth-it/ Wed, 18 Jul 2012 14:47:11 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5821 Study the UnPaid Internship Guidelines Closely to Avoid a Failing Grade, 18 No. 1 Pub. Employer's Guide FLSA Emp. Classification Newsl. 1 The dockets for these cases are available on Westlaw and WestlawNext at:  BICKERTON LUCY V. CHARLIE ROSE INC, 650780/2012  County Clerk Civil Index, New York County              GLATT ET AL V. FOX SEARCHLIGHT PICTURES INC., 1:11CV06784  Eastern District of New York  WANG V. THE HEARST CORPORATION, 1:12CV00793  Southern District of New York Other motions, pleadings and orders for these cases can be found by doing title searches for the parties in New York State and federal materials in both Westlaw and WestlawNext. Because these lawsuits are still pending, we have yet to see how they turn out.  But a closer look at the Fair Labor Standards Act suggests that the students might have viable claims.  According to Study the Rules Before Offering An Unpaid Internship, 19 No. 9 Employer's Guide Fair Lab. Standards Act Newsl. 1, six factors must be considered in offering an unpaid internship.  They are: the internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment; the internship experience is for the benefit of the intern; the intern does not displace regular employees, but works under close supervision of existing staff; the employer that provides the training derives no immediate advantage from the activities of the intern, and on occasion its operations may actually be impeded; the intern is not necessarily entitled to a job at the conclusion of the internship; and the employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.   Unless the employer is able to show that these criteria have been met, it might find itself on the hook for employment violations.  Fortunately, businesses and organizations thinking about offering unpaid internships to students have a wealth of resources on Westlaw and WestlawNext to turn to before taking on any interns.  Please read on for more information.  Jessica L. Curiale, America's New Glass Ceiling: Unpaid Internships, the Fair Labor Standards Act, and the Urgent Need for Change, 61 Hastings L.J. 1531 (2010)  Sarah Braun, The Obama "Crackdown:" Another Failed Attempt to Regulate the Exploitation of Unpaid Internships, 41 Sw. L. Rev. 281 (2012)  Andrew Mark Bennett, Unpaid Internships & the Department of Labor: The Impact of Underenforcement of the Fair Labor Standards Act on Equal Opportunity, 11 U. Md. L.J. Race, Religion, Gender & Class 293 (2011)  Employee versus intern, 1 Wage and Hour Law § 3:14.50  If you’re interested in finding other litigation involving interns and paid wages, try the following search in All State and Federal Materials in WestlawNext:  unpaid "college credit" volunteer voluntar! non-paid /s internship /75 f.l.s.a. "fair labor standards act" labor employment  ]]> 5821 2012-07-18 09:47:11 2012-07-18 14:47:11 open open are-unpaid-internships-still-worth-it publish 0 0 post 0 topsy_short_url _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_long_url _encloseme 24214 http://twitter.com/westlawrefatty/status/225604732381691905 2012-07-18 14:55:34 2012-07-18 19:55:34 Are Unpaid Internships Still Worth It? Read our blog post on the topic. http://t.co/1juPkIjz]]> 1 trackback 0 0 24215 http://twitter.com/acandidworld/status/231617392671875072 2012-08-04 05:07:44 2012-08-04 10:07:44 Are Unpaid Internships Still Worth It? Read our blog post on the topic. http://t.co/1juPkIjz]]> 1 trackback 0 0 24216 cesar0677@hotmail.com http://www.boliche.com.br/email.htm 200.97.199.185 2012-12-12 23:34:22 2012-12-13 05:34:22 lista de emails lista de emails lista de emails lista de emails lista de emails]]> 0 0 0 DOT WHATEVER! http://westreferenceatt.3fivelab.com/2012/07/dot-whatever/ Fri, 20 Jul 2012 17:59:35 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5560 HUGE deal for businesses and organizations to turn their brand names into domain names, such that web addresses would not end on .com but rather .thebrandname. So “dot whatever” is up for grabs for those with resources, as participating in the process towards owing a gTLD name is non-trivial - just the cost of the application is $185,000. The existing system has twenty one gTLDs, such as the familiar .com, .net, .org and the contemplated expansion is the largest by far. Some of the more interesting name applications received by ICANN include names such as: .security, .pizza, .vodka, .gay, .yoga, .porn, .sex, .google, .wtf, .web etc. Here is a link to the list of gTLD applications:  http://newgtlds.icann.org/en/program-status/application-results/strings-1200utc-13jun12-en. Using the Internet is as much a part of our lives now as drawing breath. However, I was never really clear on how it all works - who regulates the Net? Government? International Organization? I got curious and set out to dig in and do some research. Interestingly, it turns out that “no government entity comprehensively regulates the Internet, nor does any statutory scheme for regulation exist.”  ICANN, the Internet Corporation for Assigned Names and Numbers, a private non-profit organization is the governing body of the Internet and governs the complex DNS – the Domain Name System. “Although ICANN is purportedly an independent nonprofit organization, the U.S. government retains ultimate control of the DNS through unique contractual arrangements between ICANN and the DoC [Department of Commerce].” I am not surprised that the international community is less comfortable with this situation and has been calling for an international body to control the DNS rather than a US-centric organization. Building consensus is never easy, let alone global consensus which is certainly non-trivial. ICANN being a private organization and lacking in traditional enforcement powers usually possessed by governmental agencies,  , seems to be regulating the universe of DNS with consistency and uniformity. However, legal issues related to ICANN’s governance of DNS abound and are only going to increase as issues get even more complex and financial stakes increase. In researching this issue, I came across an interesting analogy, an author has referred to the expansion of TLDs as the “technological land-grab occurring on the internet” and has analogized it to the passage of the Homestead Act of 1862 when Congress legalized land-grab and encouraged the settling and cultivation of previously uninhabited western territories. This is a fascinating, complex and enormous subject and this blog barely even scratches the surface of the issues involved. I am suggesting some Westlaw searches for those interested in delving deeper into these issues. I am curious to see how ICANN will evolve and what will come into place as more international regulation and enforcement will necessarily have to become a basis of internet regulation. Research References:
    • WestlawNext suggested search in Secondary Sources: PR,TI(I.C.A.N.N.)
    • Classic Westlaw search in the TP-ALL database: PR,TI(I.C.A.N.N.)
    • WestlawNext suggested News search for articles related to the present expansion of gTLDs: DA(2012) & g.T.L.D. T.L.D. Top-Level-Domain & I.C.A.N.N.
    • Classic Westlaw search in ALLNEWS database: DA(2012) & g.T.L.D. T.L.D. Top-Level-Domain & I.C.A.N.N.
    • There are a lot of great resources on Westlaw for research related to the Net:
      • INTERNET: Internet Law and Practice
      • LOTIN: Law of the Internet
      • GLILR: Internet Law Researcher
      • ITLDR: Internet and Technology Law Desk Reference
      • SOITL: Scott on Information Technology Law
    • Sources specifically relied on in this blog:
      • http://www.icann.org/
      • Reece Roman, That If Icann Can't?: Can the United Nations Really Save the Internet?, 15 Syracuse Sci. & Tech. L. Rep. 27;
      • Brian W. Borchert, Imminent Domain Name: The Technological Land-Grab and Icann's Lifting of Domain Name Restrictions, 45 Val. U. L. Rev. 505, 506 (2011); and
      • Lori J. Parker , Issues Litigated Against Internet Corporation for Assigned Names and Numbers (ICANN) and ICANN-Accredited Registry Operators for .com and .net Top Level Domain Names, 32 A.L.R. Fed. 2d 561 (Originally published in 2008)
      • Management of Internet Names and Addresses, 63 FR 31741-01
      • David R. Johnson et. al., A Commentary on the Icann "Blueprint" for Evolution and Reform, 36 Loy. L.A. L. Rev. 1127, 1146 (2003)
    ]]>
    5560 2012-07-20 12:59:35 2012-07-20 17:59:35 open open dot-whatever publish 0 0 post 0 _topsy_long_url topsy_short_url _jd_tweet_this topsy_short_url _topsy_long_url _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _encloseme _jd_twitter 24217 http://twitter.com/westlawrefatty/status/226378590839787520 2012-07-20 18:10:36 2012-07-20 23:10:36 New blog post: http://t.co/CQm3lJLZ]]> 1 trackback 0 0 24218 Debi_Hugley@hotmail.com http://www.mochachocolate.com/ 141.255.167.76 2012-08-02 20:38:11 2012-08-03 01:38:11 0 0 0
    Sports Blackout Rules http://westreferenceatt.3fivelab.com/2012/07/sports-blackout-rules/ Wed, 25 Jul 2012 17:08:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5802 2012 WLNR 799311 F.C.C. rules support this policy by prohibiting cable and satellite broadcasters from televising a game that has been blacked out by local broadcast stations. 2012 WLNR 799311. These rules, originating in the 1970’s, have garnered a fair amount of criticism. The policy was originally created to encourage ticket sales in a time when revenue was dependent on filling stadiums. 2012 WLNR 14139244. But many are arguing that this reasoning is less relevant today, since the NFL gets significant revenue from advertising. It is also argued that because sports teams now receive significant taxpayer subsidies to build and maintain stadiums, blackout rules are increasingly unfair. An organization called the Sports Fan Coalition recently filed a petition requesting the elimination of the F.C.C. sports blackout rules. The F.C.C. then requested commentary on the petition. I found the petition in our Federal Communications content on WestlawNext. I tracked it down by doing the following: From the WestlawNext home screen, I started typing “Federal Communications Commission.” As I type, WestlawNext starts suggesting “Looking for This?” content underneath the search box. “Federal Communications Commission (FCC)” is one of the options and I chose that by clicking on the link provided. I then used the “Advanced” search template. In the “All of these terms” box, I entered: COMMENT In the “This exact phrase” box I entered: SPORTS BLACKOUT RULE I then clicked the orange “Advanced Search” button. Because I know the comment request occurred relatively recently, once my result list appears, I used the “Sort By” dropdown box to rank my results by Date rather than relevance. In my list of results, I notice the Comment Request right away (2012 WL 92224), just a few entries down. I also notice several other relevant documents, such as the F.C.C. Commissioner’s statement regarding the comment request (2012 WL 122404). Time will only tell what will happen in the future regarding the F.C.C. blackout rules, and related NFL policies. The NFL very recently approved a relaxation of their blackout policy, allowing for local broadcasting of games where as little as 85% of tickets are sold. 2012 WLNR 13769718.]]> 5802 2012-07-25 12:08:52 2012-07-25 17:08:52 open open sports-blackout-rules publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24219 http://twitter.com/westlawrefatty/status/228176402854342656 2012-07-25 17:14:28 2012-07-25 22:14:28 Read our blog post regarding NFL Blackout Rules. http://t.co/3B08LdpH]]> 1 trackback 0 0 24220 http://twitter.com/burgerlibrary/status/228282326499594240 2012-07-26 00:15:22 2012-07-26 05:15:22 West Reference Attorneys : Sports Blackout Rules, http://t.co/PsxRoHBw.]]> 1 trackback 0 0 SAVING FOLDERS IN WESTLAWNEXT BEYOND THE SUMMER http://westreferenceatt.3fivelab.com/2012/07/saving-folders-in-westlawnext-beyond-the-summer/ Thu, 26 Jul 2012 14:13:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5808 SHARING FOLDERS

    In order for the content of your folders to be saved once your password expires, you can do the following two step process: STEP 1: Share the folder with someone in your organization
    • Click on the folders link in the upper right corner of WestlawNext
    • Select the folder you wish to share
    • Click Options, select share
    •  On the next screen, select “share subfolders” and then you can either enter the email address of the person you want to share the folder with or you can click on the contacts link and follow the directions
    • You will then get a message that the folder is now share and the folder you shared will turn blue
    STEP 2:  Have the person with whom you shared the folder to copy the contents of the folder to a folder they own because shared folders are also tied to the password of the owner of the folder
    • Your colleague should create a folder to which they wish to transfer the contents of the folder you shared with them. To create a new folder, you can create on new and follow directions. Make sure that the folder you create is nested under the folder you want
    • There is a section on the folders page that shows the folders “Shared with Me”.  Select the folder that you wish to copy, select “Copy” from the Options menu and then follow the directions.
    • If your colleague does not transfer the content from the folder that is in the “Shared with Me” section, then once your password expires, the shared folder will be deleted.

    EXPORTING FOLDERS

    You can export and download an entire folder or multiple folders
    • Select the folder(s) you want to export
    • Click options and choose export
    • Follow directions
    • When the Ready for Download dialog box is displayed, click Download
    • Click open or save
     ]]>
    5808 2012-07-26 09:13:08 2012-07-26 14:13:08 open open saving-folders-in-westlawnext-beyond-the-summer publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24221 http://twitter.com/westlawrefatty/status/228502544324898816 2012-07-26 14:50:26 2012-07-26 19:50:26 Summers Save Those Folders! Read how on our blog: http://t.co/9jT3ixqR]]> 1 trackback 0 0 24222 AnnesePyper390@yahoomail.com http://https://www.facebook.com/webcenterdesign 177.133.179.254 2012-08-24 21:32:06 2012-08-25 02:32:06 0 0 0
    North Carolina Justice http://westreferenceatt.3fivelab.com/2012/07/north-carolina-justice/ Thu, 19 Jul 2012 13:01:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5830 2012 WLNR 8439889. This hearing heightened calls for a repeal of the Racial Justice Act (more accurately, to reform the act in a way that make it more difficult to invoke).  The North Carolina Legislature actually already voted through the changes, but Governor Perdue vetoed it. North Carolina passed the Racial Justice Act, N.C.G.S.A. s 15A-2010 et seq., in 2009.  The act, broadly, allows North Carolinians to challenge their death sentences on the grounds that it was handed down as a result of racial discrimination, including discrimination in the exercise of peremptory challenges.  Crucially, North Carolina doesn’t bar the use of statistical evidence to prove peremptory challenge discrimination; if a convict can show that members of a race were preferentially chosen for juries, or were preferentially excluded, that can be enough to have a capital sentence judicially commuted to life without parole.  In fact, that’s exactly how Mr. Robinson did it. Mr. Robinson should feel lucky challenged his sentence when he did.  After failing to override the Governor’s veto in January, the legislature found enough votes for an override on July 2.   See 2012 WLNR 13966766. RESEARCH REFERENCES

    N.C.G.S.A. s 15a-2011 discusses the use of statistical evidence to challenge jury composition.  For comparison see Kentucky’s version of the act, at KRS s 532.300, which doesn’t address jury composition as a factor to be raised in a fairness hearing.

    To see the progress of the N.C. Legislature’s repeal, try the following search in NC-Billtrk: SU,TE(RACIAL /3 JUSTICE).  For the actual legislation try racial /3 justice in nc-bills, though, given the override, you can run the search in NC-Legis as well.

    To find material on Marcus Robinson’s commutation, I ran the following search in ALLNEWS: racial /3 justice /3 act & north /2 carolina & judge /3 weeks

    Mr. Robinson was not the only man on death row to challenge his sentence.  To see challenges filed by other prisoners, and to get a sense of the evidence that has been marshaled to show discrimination in North Carolina, try this simple Plain Language search in North Carolina State Trial filings: racial justice act

    The repeal is effective immediately, which has led to the question of what version applies to challenges that were filed but not yet decided when it went through.  That litigation hasn’t yet made its way into actual opinions, but you can run the following plain language search in North Carolina news: Racial justice repeal pending cases.  Limiting the results to those since July 2 gives a sense of what the inmates are trying to get the older version of the law applied.

    ]]>
    5830 2012-07-19 08:01:56 2012-07-19 13:01:56 open open north-carolina-justice publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last _topsy_long_url _encloseme 24223 GWATKINS@GMAIL.COM 75.150.136.217 2012-07-19 15:44:12 2012-07-19 20:44:12 1 0 0
    The Trademark Infringement Olympiad http://westreferenceatt.3fivelab.com/2012/07/the-trademark-infringement-olympiad/ Wed, 18 Jul 2012 21:39:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5837 Olympic Hopefuls.  They had a great shtick and a killer sound.  But they also had a big problem; their name.  Well, that and the owner of the trademark on the word Olympic, the United States Olympic Committee (USOC). The USOC has the exclusive right to use, “the words 'Olympic', 'Olympiad', 'Citius Altius Fortius', 'Paralympic', 'Paralympiad', 'Pan-American', 'America Espirito Sport Fraternite', or any combination of those words,” and is authorized to bring a civil suit to enforce that right.  36 U.S.C.A. § 220506.  And they take the exclusive part seriously. A simple search on WestlawNext in All Federal materials for the terms olympic trademark infringement yields quite an impressive list of cases brought by the USOC against those it sees as infringing on its trademarks. And most often, the USOC is successful.  Perhaps the best known example of where it fell short is the case of Stop the Olympic Prison v. U.S. Olympic Committee, 489 F. Supp. 1112.  In that case, a group was challenging a proposal to use the Lake Placid Olympic Village as a prison following the completion of the 1980 Olympic Games.  The USOC counterclaimed, alleging, inter alia, trademark infringement.  The court concluded that posters printed by the group publicizing their cause did not fall within the Amateur Sports Act’s (ASA) provisions because the posters were “not used ‘for the purpose of trade,’ or ‘to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition.’ None of the posters ha[d] been sold or distributed commercially, and they [were] available free of charge.”  Id. at 1121.  The court also refused to find any trademark infringement or dilution. But generally, the trademark held by the USOC is incredibly powerful.  As articulated by the United State Supreme Court in San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee, 483 U.S. 522, “[the] legislative history [of the ASA] demonstrates that Congress intended to provide the USOC with exclusive control of the use of the word ‘Olympic’ without regard to whether an unauthorized use of the word tends to cause confusion.”  The Court also held that while the ASA provided the USOC the ability to pursue traditional Lanham Act remedies, it did not similarly provide alleged infringers with the traditional defenses to trademark claims.  In fact, in discussing defenses available to the alleged infringer, the Court noted only in a footnote that a “user may, however, raise traditional equitable defenses, such as laches.”  Id. at 531 n.6.  This is little consolation to those perusing the contents of their USOC “cease and desist letter.” And as a quick News search on WestlawNext for U.S. "united states" +2 "olympic committee" /p infring! will show you, that may be a lot of folks. Additional Research Reference: For a list of Statutes Relating to the Protection of Specific Names, Characters, and Designs  (from American Ex-Prisoner of War to Woodsy the Owl), see 6 McCarthy on Trademarks Appendix A2 A (4th ed.). According to the statute,  the symbol of the International Paralympic Committee consists of 3 TaiGeuks.  TaiGeuks do  appear in the USPTO Trademark Design Search Code Manual.  Design descriptions which include the term (or, its derivative, "taegeuk") use 01.15.08    DROPS (INCLUDING RAINDROPS AND TEARDROPS).  On Westlaw, try:

    dsd(tai-geuk tae-geuk) in Fed-TM

    Note that Westlaw omits the periods from the design code.  So, to search using the design code, convert 01.15.08 to 011508.

     ]]>
    5837 2012-07-18 16:39:06 2012-07-18 21:39:06 open open the-trademark-infringement-olympiad publish 0 0 post 0 topsy_short_url _slidedeck_slide_title _edit_last _topsy_long_url topsy_short_url _topsy_cache_timestamp _topsy_long_url _encloseme 24224 flashlf@aol.com 166.216.128.153 2012-07-29 13:07:59 2012-07-29 18:07:59 0 0 0
    A New Focus For Kodak http://westreferenceatt.3fivelab.com/2012/07/a-new-focus-for-kodak/ Mon, 23 Jul 2012 18:34:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5851 Bankruptcy SDNY, 1:12-BK-10202).  The company will no longer make digital cameras, and recently shut down its Kodak Gallery photo-sharing site. 2012 WLNR 14097875. It has also begun to sell a large number of its digital imaging patents, as it will apparently refocus its business on inkjet printers, commercial printing and workflow software, while continuing to sell film as long as it remains profitable. 2012 WLNR 1405329. Likely to emerge from bankruptcy a much smaller company, it will be interesting to chart Kodak’s future influence on the photography and printing industries. Despite its recent large-scale patent sales, Kodak has acquired a number of new patents that appear to be consistent with its reported new focus.  I ran the following search in U.S. Patents- Full Text (accessible from the “Patents” link from the WestlawNext “All Content” tab, or Westlaw Classic database US-PAT): PAS("EASTMAN KODAK") & da(2012) It produces 231 patents issued so far this year.  If I do a “Locate in Result” search for spec(ink-jet print!), I produce a list of 188 of the 231 patents that reference these printing-related terms in the patent specifications field.  When viewing one of the results, select the “Links For” tab on the left side for Patent File History, Prior Art and Litigation History.  A scanned copy of the patent is available by selecting Full Original Patent. Business Citator Reports offers a great comprehensive resource for viewing a company’s status and outlook by aggregating SEC filings, litigation history, intellectual property, stock prices, adverse filings and more, all in one customizable report. On WestlawNext,  select “Business Information” from the “All Content” tab, then “Business Citator Reports-Company Search” (“Company Information” tab on Westlaw Classic, database BC-COMPANYSRBD).  To produce a report for Kodak, enter  “EKDKQ” in the “Ticker Symbol” search box of  the template.  Click the result, then choose “Business Citator Report with Intellectual Property Records” for the most comprehensive report. To follow Kodak’s bankruptcy proceedings on WestlawNext, access the “New York Bankruptcy Court Dockets-Southern District” content page (Westlaw Classic database DOCK-NY-SBKR), then enter “1:12-BK-10202” in the “Docket Number” box.  Select “Track” (“Track this Docket” on Westlaw Classic) to receive updates.]]> 5851 2012-07-23 13:34:00 2012-07-23 18:34:00 open open a-new-focus-for-kodak publish 0 0 post 0 topsy_short_url topsy_short_url _topsy_long_url _edit_last _topsy_cache_timestamp _slidedeck_slide_title _encloseme _topsy_long_url 24225 ApplebaumLoftis95@googlemail.com http://www.zeonwebvertise.co.uk/shop/page/privacy?sessid=HhXv0CLiz0micU76Ah4XFR05NhA6kPOQCBpEAaN3wW9G1hGL9rDnx17tdiaJ2pim&shop_param= 92.17.52.73 2012-08-18 08:55:05 2012-08-18 13:55:05 0 0 0 24226 Mervin_Mickley@gmail.com 5.34.240.108 2012-10-21 02:01:41 2012-10-21 07:01:41 0 0 0 24227 mofta5909955n@gmail.com http://onlinecialisbest.com 94.27.113.175 2012-12-12 23:41:41 2012-12-13 05:41:41 cialis online | buy cheap cialis | http://onlinecialisbest.com/#10951;]]> 0 0 0 The Bar http://westreferenceatt.3fivelab.com/2012/07/the-bar/ Mon, 23 Jul 2012 20:19:20 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5867 722 N.W.2d 559.  These issues still wind up in the courts regularly, as a new class of bar applicants faces down the exam. Another issue related to the A.D.A. is the character and fitness portion of the exam (which isn’t necessarily conducted this week, but is still considered a portion of the exam).  Many potential attorneys over the years have claimed that this portion of the exam discriminates against individuals with mental impairments.  See, e.g. 881 F.Supp. 300. While I was still in law school, an attorney told me that, after the Bar, for the rest of your career, you always remember the last Wednesday in July.  To everyone sitting for the exam this week: good luck.  We here at the reference attorneys look forward to welcoming you to the profession. Research References

    Westlaw has a 50 State Survey on Bar Admission, which is available at 0015 SURVEYS 25.  To run your own survey, try the following search in all state statutes (ST-ANN-ALL on Westlaw): pr, ca(bar /3 exam! Admission).  I saw 1076 documents.

    More Bar examination/ADA cases can be found with the following simple search: bar /3 exam! & americans /3 disabilities.  I retrieved 220 results in ALLCASES. For an alternative take on the history of the bar, see 9 Geo. J. Legal Ethics 359.

    ]]>
    5867 2012-07-23 15:19:20 2012-07-23 20:19:20 open open the-bar publish 0 0 post 0 _topsy_long_url topsy_short_url _topsy_long_url _slidedeck_slide_title _edit_last topsy_short_url _topsy_cache_timestamp _encloseme 24228 Shena_Atzhorn@gmail.com 202.150.138.134 2012-08-03 20:04:33 2012-08-04 01:04:33 0 0 0
    Summer All Star Break: Natasha Phillips http://westreferenceatt.3fivelab.com/2012/07/summer-all-star-break-natasha-phillips/ Tue, 24 Jul 2012 20:31:55 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5876 busy.  Every year we're impressed with the professionalism of these folks.  We rarely get a chance to learn a great deal about these new professionals beyond their nuts-and-bolts research needs.  This year, though, we had an opportunity to ask a few Summer Associates from Leonard, Street and Deinard, PA about their experience as Summer Associates.  So, we're breaking from our regular research to profile four associates. We learned a lot.  Thanks!]    

    Natasha Phillips

     

    "In law school, you learn about the substance of law and how to think like a lawyer.  What you don’t learn is the day-to-day aspects of being a lawyer.  How do I reach out to this client, or how do I build a relationship, or what’s the impact going to be, or how do we market our services? These are things that we are not taught in law school."

    Law School/Year:  I am going into my 3rd year at Georgetown University Law Center  Desired Practice Area:  I am currently leaning towards practicing real estate on the transactional side.

     What interested you about real estate?

    I got my Bachelors Degree and Masters Degree in Urban Planning.  So I have an interest in development, zoning and real estate in general.

    Past Life (previous professional/business experience if any):    I was trying to decide between grad school and law school when I was in undergrad.  I made the decision to grad school first.  The first semester of our program we had to take a required planning law course.  It was my favorite class of the semester, so I kept law school in the back of my mind.  I went straight from undergrad to graduate school and then to law school.

     So are you from here, or from out east?

    I am from Minnesota.  I went to the University of Minnesota for undergrad.

     Favorite Movie:  When I was a kid it was Cool Runnings.  I think I have seen it over a 100 times.  I know I have.

     So can you recite it?

    Yeah, pretty much.  Now, I would say my favorite movie is Coming to America.

     Guilty Pleasure:  I have a huge sweet tooth so I eat a lot of candy and sugar…its bad.    How has your summer associate experience changed your view of the legal profession?

    You really start to see a lot more of the business side of things.  They really try to emphasize when you’re a law clerk to really think about the cost to your client. If you participate in clinics in law school, most of the time they are low income clients so they aren’t necessarily paying for the services or, to the extent they are paying, it’s not a whole lot.  Whereas in a large law firm it’s obviously the exact opposite so they really try to get you to think about how this is going to impact your client when you’re doing research or trying to build the relationship. That is probably the most eye opening things for me.  It’s something that they don’t really talk about in law school.

     What’s the most important thing you’re learning as a summer associate that you’d never get from your law school experience?

    In law school, you learn about the substance of law and how to think like a lawyer.  What you don’t learn is the day-to-day aspects of being a lawyer.  How do I reach out to this client, or how do I build a relationship, or what’s the impact going to be, or how do we market our services? These are things that we are not taught in law school.

     Has any of that been a surprise to you?  The way that is done or how it’s done? 

    Not really a surprise, I just think more about the realities of the practice now.  Obviously the firm gets business somehow but as law students, we  often don’t think about how that happens or  how we can contribute to it.

    What apps, tools, or other resources are critical to your success as a summer associate (Or, which tools just make your life so much easier that you wonder how you got along without them.)?

    Our research service librarians here are amazing.  With each research questions, they know if you should start with a particular treatise before you go searching on Westlaw or Google.  I have used the West Reference Attorneys as well.  They help you to see things that you aren’t thinking about when you’re researching.  They say, “Let’s put this search together” and it’s a long search of things you never would have even thought to put together.  Having the access to not just the actual sources of research but the people who can help you access information more efficiently has been really, really helpful.

    If you were not in law school, what would you be doing instead? 

    I would probably be an urban planner.  I did get my masters in this area and completed a couple of internships.  I really enjoyed the work.  One of the reasons I went to law school was because I didn’t think I could be an urban planner after 25, 35, 40 years.  But that’s what I probably would be doing.

    Why did you not think you could do that for an extended period of time?

    I didn’t love every aspect of the work. I loved the issues, and my favorite part about it was seeing legal ramifications of all the development of all the things the city was doing and how they worked with the neighborhoods and the residents.  However, I was always thinking of the legal side of things or how to get it done rather than the actual planning of it.

    How did you come to choose the practice of law?  

    The planning law class I took as a graduate student was great and it was the thing that got me most excited about the law.  I would always complete that homework first and then I would sit there for hours before I did the other stuff.  So I knew I should go into law.

     Do you use social media (LinkedIn, FB, Twitter etc..) for personal or professional purposes?

    I use both Facebook and Twitter.  I am not on LinkedIn.  Mostly for personal purposes.  Facebook mostly for pictures and staying connected to people.  I am rarely on Twitter anymore but I used to be on it a lot more.  I like to see what’s happening.  The things I read the most often now on Twitter are law school tweets like the Georgetown fitness center.   I will see if they have special hours or classes occurring.  I also will read the ESPN tweets, so I would say I read more of the informational things then I do reference tweets.

     What has been your favorite thing about being a summer associate?

    I love all the other summer associates.  It is nice to have people to bounce ideas of.  Their brains are working just like associates and partners.  But we are all in the same boat so I can say, “Well, I was going to say this.  What do you think?”  The summer associates have been great.  I have really enjoyed the people here.

     Has anything surprised you or been substantially different then you imagined it would be?

    No.  I think for me, because I was interested in transactional work,  I sought that out in the clinical work at law school as well as last summer in my other internship. So this is the first time I am really working on litigation projects.  It’s been a change trying to get used to how litigation  works and the analysis is a little bit different, so that’s probably the biggest difference I have encountered.

       ]]>
    5876 2012-07-24 15:31:55 2012-07-24 20:31:55 open open summer-all-star-break-natasha-phillips publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _topsy_long_url _slidedeck_slide_title _topsy_cache_timestamp topsy_short_url _encloseme 24229 http://twitter.com/westlawrefatty/status/227872508035096576 2012-07-24 21:06:54 2012-07-25 02:06:54 We interviewed local Summer Associates from Leonard, Street, and Deinard. Read the first interview on our blog: http://t.co/USdxdGk1]]> 1 trackback 0 0
    Summer All-Star Break: Mike Tsoi http://westreferenceatt.3fivelab.com/2012/07/summer-all-star-break-mike-tsoi/ Fri, 27 Jul 2012 21:19:35 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5923 "I think a true legal education is more than reading cases, discussing them on a theoretical level, and taking a 3-hour exam.  As a summer associate, I have had the opportunity to extend my legal education by learning from practicing attorneys."   Mike Tsoi ( Leonard, Street and Deinard, PA) Law School/Year:  I am going into my third year at William Mitchell College of Law. Desired Practice Area:  I am interested in a judicial clerkship immediately after law school, and I am interested in practicing civil litigation as a career. Past Life:  I attended The University of Texas for undergrad, then I moved to Chicago and worked as a  management consultant. Favorite Movie:  Forrest Gump or anything starring Tom Hanks in the 90’s. Guilty Pleasure:  I watch a lot of T.V.   How has your summer associate experience changed your view of the legal profession?

     It has solidified my view more than changed it.  As someone that worked as a management consultant and has a business background, I was interested in learning how my business experience might complement my legal work.  My summer associate experience has solidified my view that private practice is not just about what’s legally right or wrong—which is the only thing that they teach you in law school—it is also about providing the legal services in a manner that the clients can afford.

      What’s the most important thing you’re learning as a summer associate that you’d never get from your law school experience?

    Understanding the business component of the law and experiencing how private practice operates in reality.  Another thing is learning is how the law is applied in reality.  There are few opportunities in law school to see how legal arguments play out in front of a judge or an opposing party, unless someone is enrolled in clinical courses.  I think true legal education is more than about reading cases, discussing them on a theoretical level, and taking a 3-hour exam.  As a summer associate, I have had the opportunity to extend my legal education by learning from practicing attorneys.

      Tools in your toolbox:  What apps, tools, or other resources are critical to your success as a summer associate (Or, which tools just make your life so much easier that you wonder how you got along without them.)?  

    Research resources are crucial, so I use Westlaw on a daily basis.  And at a firm of this size, I am grateful to have the support of our Research Services department, which is a resource that a lot of firms do not enjoy.  Also crucial is the task of time keeping.  Fortunately as a former management consultant, I am familiar with the importance and process of time keeping.  But here, the firm has a technology that I didn’t have at my consulting firm, and it allows me to track my time down to the second and sync with the billing process.

      If you were not in law school, what would you be doing instead?

    I would probably be a management consultant. It was a challenging job that I enjoyed.

     How did you come to choose the practice of law?

    I had been considering the practice of law since undergraduate school when I took a business law course.  I also enjoy problem solving in general, and I think the practice of law allows me to do so in the highest form.

     Do you use social media (LinkedIn, FB, Twitter etc..) for personal or professional

    I use Facebook for personal purpose, and I use use LinkedIn  for both personal and professional purposes. I use LinkedIn to connect up with friends, classmates, and acquaintances.  LinkedIn allows you to see what everyone is doing and where they are working, which is information that you don’t necessarily get from Facebook.   I think LinkedIn is a good tool for connecting up with people without intruding on their personal lives.

     Is there anything else you would like us to know as a SA at the firm you are at?

    Just that I am having a good time learning about the practice of law and meeting great people.

    [Editors' Note :  Reference Attorneys speak to Summer Associates very regularly.  It's fair to say, our Summers are busy.  Every year we're impressed with the professionalism of these folks.  We rarely get a chance to learn a great deal about these new professionals beyond their nuts-and-bolts research needs.  This year, though, we had an opportunity to ask a few Summer Associates from Leonard, Street and Deinard, PA about their experience as Summer Associates.  So, we're breaking from our regular research to profile four associates. We learned a lot.  Thanks!]

    ]]>
    5923 2012-07-27 16:19:35 2012-07-27 21:19:35 open open summer-all-star-break-mike-tsoi publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _encloseme
    Autonomous Automatic Automobiles http://westreferenceatt.3fivelab.com/2012/07/autonomous-automatic-automobiles/ Fri, 27 Jul 2012 21:20:28 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5934 482A.010 came into effect, part of a larger Chapter 482A on the use and legality of autonomous vehicles.  This makes the Silver State the first American jurisdiction to formally legalize the use of driverless vehicles. Just peering through a few sections within that chapter gives a sense of some of the issues that need to be contemplated as non-human actors have an increasing role in our lives.  For Example, NRS 5482A.020 defines the phrase “artificial intelligence,” the first time this has been done in a State Statute. Nevada gets the prize for first jurisdiction to legalize the use of an autonomous vehicle, but it’s doubtful that it will be the last.  Bills are currently pending in multiple other states, including California.  Something to keep in mind next time you get cut off on the L.A. Freeway.  See California Senate Bill 1298:
    This bill would authorize the operation of an autonomous vehicle, as defined, on public roads by a licensed driver who possesses the proper class of license for the type of vehicle being operated if either of 2 an application is submitted to the Department of Motor Vehicles and either of 2 conditions applies, including, among other things, that the manufacturer of the autonomous technology certifies that the autonomous vehicle has a mechanism to engage and disengage the autonomous technology that is easily accessible to the operator and are met. The first condition is that the driver be seated in the driver's seat, monitoring the safe operation of the autonomous vehicle, and be capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency, and the 2nd condition is that the manufacturer of the autonomous technology provides, among other things, that the autonomous vehicle has a mechanism to engage and disengage the autonomous technology that is easily accessible to the operator. The bill would require that the autonomous vehicle's technology meets all federal Motor Vehicle Safety Standards for the vehicle' s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those provisions laws .
    2011 California Senate Bill No. 1298, California 2011-2012 Regular Session, 2011 California Senate Bill No. 1298, California 2011-2012 Regular Session
      RESEARCH REFERENCES To see proposed legislation on driverless cars, I tried the following search in Proposed and Enacted legislation in WestlawNext: advanced: (driverless autonomous +5 vehicle automobile).  I found 42 hits when running this in All States. A 'plain-language' search in Proposed and Enacted Legislation on WestlawNext for autonomous automatic vehicles also delivered relevant results. For more an autonomous vehicles, I tried the following plain language search in allnews: driverless autonomous vehicles.  I saw 7496 hits; notably, even without applying a date restriction, most of the top news hits are from 2012.  ]]>
    5934 2012-07-27 16:20:28 2012-07-27 21:20:28 open open autonomous-automatic-automobiles publish 0 0 post 0 topsy_short_url _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _edit_last _encloseme 24230 http://twitter.com/tombamonte/status/229695633043361793 2012-07-29 21:51:21 2012-07-30 02:51:21 Autonomous Automatic Automobiles West Reference Attorney Blog http://t.co/1WdSHMuH]]> 1 trackback 0 0 24231 http://twitter.com/stansvan/status/230522451795259394 2012-08-01 04:36:50 2012-08-01 09:36:50 Autonomous Automatic Automobiles http://t.co/ugNbhtZA]]> 1 trackback 0 0
    Beautiful or Blight?: Murals as Art and Advertising http://westreferenceatt.3fivelab.com/2012/07/murals-as-art-and-advertising/ Tue, 31 Jul 2012 01:48:19 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5940 subject to removal under city ordinances. Across the country, cities have developed different guidelines for what they consider permissible and impermissible advertising and signage.  Communities may want to preserve a historic character or community aesthetic.  But in the case of murals, it can be hard to draw a line between artistry and advertising.  In All State & Federal materials, I searched on WestlawNext for the following terms:

    ordinance "first amendment" mural advertisement

    Cases have come down on both sides of this issue.  In Complete Angler v. City of Clearwater, 607 F. Supp. 2d 1326, the court found that a mural on the side of a bait shop was protected non-commercial speech where it depicted local natural habitat, waterways, and protected species.  The court observed, "The fact that a speaker is a corporate entity does not render its speech per se commercial" as commercial speech is usually defined as merely proposing a commercial transaction or relating solely to economic interests.  Restrictions on non-commercial speech must pass strict scrutiny, and the city was unable to prevail.  You can find a photo of the mural along with some discussion of the aftermath in this article. The court took a different approach in the Ohio case Tipp City v. Dakin, 929 N.E.2d 484.  There, a mural was found to be commercial speech where it depicted a "mad scientist," with exploding beaker in hand, on the side of the building for a seller of nitrous oxide.  Because this was commercial speech, the court applied an intermediate standard of review.  Although the court found the city's ordinance that limited advertising signage to be constitutional as applied in this instance, the court found that portions of the ordinance were facially overbroad and content-based; and those provisions were unenforceable and non-severable. On the flip side, a Virginia county ordinance was upheld under intermediate scrutiny.  Wag More Dogs, LLC v. Artman, 795 F. Supp. 2d 377.  There, the subject of the litigation was a mural of dogs painted on the side of a canine grooming and boarding business, which incorporated cartoon dogs from the business's logo.  The court found that this mural was commercial speech and was properly considered a "business sign" under the city's ordinance.  The public purposes set forth in the zoning ordinance were held substantial government interests -- including reducing the traffic hazards presented by distracting and confusing signs and protecting the character of neighborhoods -- and the ordinance was properly tailored to meet those interests.]]>
    5940 2012-07-30 20:48:19 2012-07-31 01:48:19 open open murals-as-art-and-advertising publish 0 0 post 0 topsy_short_url _encloseme _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last topsy_short_url _topsy_long_url 24232 http://twitter.com/westlawrefatty/status/230118693844168706 2012-07-31 01:52:26 2012-07-31 06:52:26 Beautiful or Blight?: Murals as Art and Advertising. http://t.co/CowjdCX4]]> 1 trackback 0 0
    Summer All-Star Break*: Iain Johnson http://westreferenceatt.3fivelab.com/2012/08/summer-all-star-break-iain-johnson/ Thu, 09 Aug 2012 13:18:21 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5952 "I think it’s nice to deal with real facts. It’s not a hypothetical or an exam.  These are real people or real companies or corporations and I like  the reality of it much more.  I enjoy that rather than sitting in a law school classroom.  So for me that has been my most enjoyable aspect." Iain Johnson (Leonard, Street and Deinard, PA) Law School/Year:  I just finished my second year at University of Iowa College of Law. Desired Practice Area:  Tax probably, which was a surprise, or trust and estates.  I took  tax last semester.  Initially I wanted to just get through it and then I fell in love with the code.   I have no business background, no accounting degree.  I Just really enjoyed tax, so we will see. Past Life:  I came right to law school from undergrad.  I graduated from Macalester [St. Paul, MN]. Guilty Pleasure:  Guilty pleasure since law school would be frozen food.  It really is so convenient.   How has your summer associate experience changed your view of the legal profession?

    I think it’s nice to deal with real facts. It’s not a hypothetical or an exam.  These are real people or real companies or corporations and I like  the reality of it much more.  I enjoy that rather than sitting in a law school classroom.  So for me that has been my most enjoyable aspect.

      So having a taste of that and knowing what this is like going to make it harder going back to your last year of law school?

    Yeah, I think so.  I think it will help to know where my interests are going to be and maybe a little more realistic having worked in certain areas. Hopefully I will just sail through my last year.

      What’s the most important thing you’re learning as a summer associate that you’d never get from your law school experience?  

    Working with others, definitely.  Obviously litigation is huge in working with others but the transactional side is, too.

    Who are the others?

    Shareholders, associates, support staff is huge too.  Interacting with the secretary or paralegal and just that team environment is definitely different than working for a professor or for the law school in some capacity.

      What apps, tools, or other resources are critical to your success as a summer associate (Or, which tools just make your life so much easier that you wonder how you got along without them.)?

    Technology here is great.  We just launched this new system, I don’t know what it is.  I absolutely hate technology.  I write my law school exams. I write my notes.  But I really think the firm has been good helping us with it.   As well as the support staff, the secretaries  giving you the resources to use it.  For instance, I was out one day sick and I was still able to work from home with the virtual desk top, pulling it up on my own laptop and it was as if I was here.  It was very helpful.

      If you were not in law school, what would you be doing instead?

    Probably teaching.   Maybe.

    Teach what grade?

    Probably middle school, which would be a challenge but I probably would have liked to teach.

      How did you choose law instead of education?

    The economy was a huge thing, it did influence my decision. I am pleased with my decision to go to law school.

      What has been the most surprising thing about your summer associate experience?

    The people are nice.  I mean, you hear that in the interview, you really do.  The culture and  the people are friendly.  Yes, it can be high stress,  this is a larger firm, but it really does seem like a smaller firm.  I am from a small town in southern Minnesota originally and it really kind of feels like a small community- there are elements that are similar-and I really enjoy that.  A big firm has the resources you need but it’s not so intimidating that you are just terrified everywhere you go.

      What have you enjoyed most about the experience?

    Working with the individuals, particularly the access I get. I think every project I have had so far has been with a shareholder which I think is unique in that sense.  My first project was a tax case with the  chair of the tax practice group and it was a great experience to work 1 on 1 with someone who is actually leading the case for that project.  I was very surprised with that.

     How long is your summer associate internship?

    10 weeks, from the first week in June through the first week in August.

    Did you have any experience between your year 1 and your year 2?

    I was in Las Vegas with the ACLU.  It was a great experience; I liked it.  I would never want to live in Las Vegas. I am happy to be back in the Twin Cities and at the firm. Non-profits are great but I need a little more structure, I am much more type A.

    *[Editors' Note :  Reference Attorneys speak to Summer Associates very regularly.  It's fair to say, our Summers are busy.  Every year we're impressed with the professionalism of these folks.  We rarely get a chance to learn a great deal about these new professionals beyond their nuts-and-bolts research needs.  This year, though, we had an opportunity to ask a few Summer Associates from Leonard, Street and Deinard, PA about their experience as Summer Associates.  So, we're breaking from our regular research to profile four associates. We learned a lot.  Thanks!]]]>
    5952 2012-08-09 08:18:21 2012-08-09 13:18:21 open open summer-all-star-break-iain-johnson publish 0 0 post 0 _topsy_long_url _slidedeck_slide_title _topsy_cache_timestamp topsy_short_url _edit_last _topsy_long_url _encloseme topsy_short_url 24233 http://twitter.com/shonshinerays/status/235673644326596608 2012-08-15 09:45:50 2012-08-15 14:45:50 RT @WestRefAttorney: Summer All-Star Break*: Iain Johnson http://t.co/ju5qOGm5]]> 1 trackback 0 0
    Backyard (Front yard) Burial Plots http://westreferenceatt.3fivelab.com/2012/07/backyard-front-yard-burial-plots/ Mon, 30 Jul 2012 18:13:23 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5960 7/20/12 Reuters News 16:42:38.) Apparently, Jim Davis was simply honoring his wife’s dying wishes to be buried on the land where they raised their five children. If you have ever traversed the back-roads (particularly dirt or gravel roads) of your state, you have seen small family graveyards. Outside of Lincoln, Nebraska, it seems like they show up at a rate of 1 every 5 miles. I have family members in a few of them, but unlike Mr. Davis, my relatives have long worried about urban sprawl and my relatives haven’t been interred in small (less than 20 graves) cemeteries since the early 1900’s. Given the expansion of cities into farm country, I wondered what happens to these backyard (or front yard, in Mr. Davis’ case) family graveyards? What issues may arise (other than the ghosts of  dead relatives),  when selling farm ground or a homestead upon which a handful of family members have been interred? Given all the possible legal issues and types of material that could be consulted, WestlawNext is my first stop. Distilling the key concepts from this broad topic, I ran this descriptive term search across all state and federal materials:

    human remains and family burial plot

    I tried a few variations, but this search is dead-on (pardon the pun). The first case on the list, Sanford v. Vinal, 552 N.E.2d 579, displays this case description:

    Descendant of those buried on family burial plot brought action to protect plot from development.

    The search also produces relevant statutes, regulations, secondary sources, and other documents. In secondary sources, I have several great American Law Report articles dealing multiple aspects of interment in family burial plots.   77 A.L.R. 4th 108, Liability for desecration of graves and tombstones, has sections dealing with disturbance and desecration of graves by various activities like,  excavation, development, and cultivation.  Another ALR deals with  Enforcement of preference expressed by decedent as to disposition of his body after death, 54 A.L.R.3d 1037.]]>
    5960 2012-07-30 13:13:23 2012-07-30 18:13:23 open open backyard-front-yard-burial-plots publish 0 0 post 0 _encloseme _slidedeck_slide_title _edit_last _topsy_long_url topsy_short_url _topsy_cache_timestamp topsy_short_url _topsy_long_url 24234 http://twitter.com/westlawrefatty/status/230004196718555136 2012-07-30 18:17:28 2012-07-30 23:17:28 Reference Attorney blog post: http://t.co/A0UDhgKh]]> 1 trackback 0 0 24235 derft56@gmail.com http://stylishautomobile.com/ 89.47.28.44 2013-02-23 15:37:28 2013-02-23 21:37:28 0 0 0
    Fifty Shades of Grey: Fan Fiction http://westreferenceatt.3fivelab.com/2012/08/fifty-shades-of-grey-fan-fiction/ Tue, 07 Aug 2012 15:31:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5966 analyzed the enforceability of the 50-shades contract. The popular series actually began online as fan fiction, loosely based on the popular “Twilight” series. Fan fiction is generally known as fictional stories derived from another author’s work. Fan fiction writers typically use characters from favorite books, movies, television series to create their own stories. There are millions of fan fiction stories available online. E.L. James, the author of “Fifty Shades of Grey,” initially posted her story on the popular website fanfiction.net. A sexed-up variation on the Twilight series, it was originally titled “Master of the Universe.” As it gained popularity, James eventually took the story off the internet, reworked it, and then introduced it as a series of three books, which was then picked up and published. The “Fifty Shades of Grey” experience, though, is unique. The vast majority of domestic fan fiction remains outside the commercial sector, and publicly available only online. There are, of course, legal implications to fan fiction. Fan fiction frequently finds itself at odds with copyright protection in particular. I wanted to see what sort of material is available discussing these issues. On WestlawNext, I clicked into the Topics tab from the home screen. Then I clicked on Intellectual Property. I ran the following search in all Intellectual Property material:

    ADVANCED: FAN-FICTION

    Notably, there is no case law available on this topic. But we have a fair number of Secondary Source results.

    Christina Z. Ranon, Honor Among Thieves: Copyright Infringement in Internet Fandom, 8 Vand. J. Ent. & Tech. L. 421 (2006)

    Rachel L. Stroude, Complimentary Creation: Protecting Fan Fiction As Fair Use, 14 Marq. Intell. Prop. L. Rev. 191 (2010)

    Mollie E. Nolan, Search for Original Expression: Fan Fiction and the Fair Use Defense, 30 S. Ill. U. L.J. 533 (2006)

    Leanne Stendell, Fanfic and Fan Fact: How Current Copyright Law Ignores the Reality of Copyright Owner and Consumer Interests in Fan Fiction, 58 SMU L. Rev. 1551 (2005)

    Aaron Schwabach, The Harry Potter Lexicon and the World of Fandom: Fan Fiction, Outsider Works, and Copyright, 70 U. Pitt. L. Rev. 387 (2009)

    ADDITIONAL RESEARCH REFERENCES You can search for cease and desist letters delivered to fanfic authors at Chilling Effects.org.  Follow the Search the Database link.  There are at least 13 results.    ]]>
    5966 2012-08-07 10:31:13 2012-08-07 15:31:13 open open fifty-shades-of-grey-fan-fiction publish 0 0 post 0 _encloseme topsy_short_url _topsy_long_url _slidedeck_slide_title _edit_last _topsy_cache_timestamp topsy_short_url _topsy_long_url 24238 MenousekEilderts179@yahoomail.com http://www.facebook.com/pages/Princeton-Corporate-Solutions-LLC/109583055728842 71.224.36.193 2013-03-25 21:06:56 2013-03-26 02:06:56 0 0 0 24236 http://twitter.com/westlawrefatty/status/232862134529294339 2012-08-07 15:33:53 2012-08-07 20:33:53 New Blog Post: Fifty Shades of Grey: Fan Fiction http://t.co/LH7vwjM9]]> 1 trackback 0 0 24237 MancinelliBurtch126@yahoomail.com http://booksonbudget.com/shop.php?c=3209&n=9&i=1107402174&x=A_Concise_History_of_New_Zealand_Cambridge_Concise_Histories 24.4.139.175 2012-08-09 17:42:20 2012-08-09 22:42:20 0 0 0
    Is ABC Ripping Off "Big Brother"? http://westreferenceatt.3fivelab.com/2012/07/is-abc-ripping-off-big-brother/ Tue, 31 Jul 2012 15:50:51 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5974 2012 WL 1648840). CBS argues that ABC copied Big Brother’s “unique interactive features” and “format”--primarily contestants living in a house rigged with cameras who face eviction by their fellow housemates. (Interestingly, CBS itself was sued over the show when the estate of George Orwell claimed the show’s concept was too similar to the author’s novel “1984.” (See complaint at 2000 WL 34443900.) How successful are copyright claims based on reality show “format”?   Not very.   On WestlawNext, I first ran the following search in All Federal content:

      copyright "reality television"

     The search produces over 30 cases, including copyright decisions involving the shows, “The Biggest Loser,” “The Apprentice” and “Project Runway.”  In each case, the defendants either had the case dismissed or prevailed on summary judgment. The same query produces over 230 secondary sources, including the article, No More Format Disputes: Are Reality Television Formats the Proper Subject of Federal Copyright Protection?  4 J. Bus. Entrepreneurship & L. 243.  For further reading on “format” protection in copyright, generally, I ran the following search in Intellectual Property Secondary Sources (IP-TP on Westlaw Classic):

      copyright! /s format "look and feel"

    The search produces articles discussing “format” in other contexts, including toy store lay-out and video game “look and feel.”  See 17 No. 6 Cyberspace Law. 8  for a discussion of the Tetris case, where infringement was found. It will be fun to watch the progress of the “Big Brother” case as the summer reality television season continues.  But at least one legal scholar probably won’t be watching:
     These types of claims have increased recently as the lamentable dominance of “reality” television has resulted in a rapid descent to bottoms not imagined even by Newton Minnow, including, fantastically, claims that the format (or concept) of one reality television has been copied by another. These claims vastly overstate the degree of originality in such works, and fundamentally misconstrue copyright law. They are a perfect illustration of the adage, “if you can't innovate, litigate.” 2 Patry on Copyright § 4:12.
    ]]>
    5974 2012-07-31 10:50:51 2012-07-31 15:50:51 open open is-abc-ripping-off-big-brother publish 0 0 post 0 _encloseme topsy_short_url _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last topsy_short_url _topsy_long_url 24239 Pelligrini1380@yahoo.com http://americanhealthjournaldotcom 199.116.87.49 2012-11-21 08:46:36 2012-11-21 14:46:36 0 0 0 24240 PaddyAmstutz16@aol.com http://bi-brother-vip.com 85.246.115.131 2013-04-10 10:25:48 2013-04-10 15:25:48 0 0 0 24241 Braud@outlook.com http:///member/81279, 176.37.30.152 2013-05-26 07:47:52 2013-05-26 12:47:52 0 0 0
    Summer All-Star Break*: Justin Seitz http://westreferenceatt.3fivelab.com/2012/08/summer-all-star-break-justin-seitz/ Mon, 06 Aug 2012 14:54:26 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5982 "When you actually get inside a law firm you learn that there is a very human side to the law. You have to be able to work with people.  You have to be able to instill confidence in the people you are working with so they are comfortable relying on your work.  You have to learn that it’s not only about writing memos and doing Westlaw searches, but it’s about being able to work as part of a team with others." Justin Seitz (Leonard, Street and Deinard, PA) Law School/Year:  I am going into my 3rd year at the University of St. Thomas School of Law. Desired Practice Area:  Either the estates and trusts practice or the private business practice. Why those areas?  What interests you about those areas?

    I come from a family business background so I’ve worked with attorneys in those practice areas. It is always interesting to me the way those attorneys form a real ongoing relationship with the family, which is something you might not see in other areas of the law.

    Past Life:  I took a year off after completing my undergraduate degree in finance and went back and worked at my family business.  [The year prior to that] I had actually been working at a law firm as a finance intern. I took some of what I learned there and tried to apply it to my work with my family. Favorite Movie:  I don’t have a great answer for that, it seems to change month to month. Guilty Pleasure:  Eating seafood. Going out for a big seafood dinner and taking a couple of hours to do it. How has your summer associate experience changed your view of the legal profession?

    I think that one of the ways it’s changed my impression of the profession for the better is that on the outside looking in a lot of the firms talk about their pro bono work and their training programs. You can come to think [it is] some sort of marketing pitch. By actually being on the inside, you actually see that it is something that is really lived and practiced here.

    What’s the most important thing you’re learning as a summer associate that you’d never get from your law school experience?

    In law school there is anonymity and it’s a lot about the technical skills and learning the law and just making sure you are proficient in the tools of the trade.  When you actually get inside a law firm you learn that there is a very human side to the law. You have to be able to work with people.  You have to be able to instill confidence in the people you are working with so they are comfortable relying on your work.  You have to learn that it’s not only about writing memos and doing Westlaw searches, but it’s about being able to work as part of a team with others.

      What apps, tools, or other resources are critical to your success as a summer associate (Or, which tools just make your life so much easier that you wonder how you got along without them.)?

     We as the Summer Associates here are actually a part of a rollout of a new computer system that they are implementing here. It’s a Virtual Desktop system, so you can log in from your desktop at work, or you can login at home and you can see the exact same stuff.  You can also get it on the iPad.  So there is a seamlessness to that product which really helps you not to worry about leaving something on your work computer.  They also issue us iPads.  I wasn’t practicing law before the iPad, but it’s been tremendously helpful in being able to kind of cut the cord from your desktop.  I can take the iPad and walk around the firm; walk into a partners office and discuss a project and then when they say my schedule is entirely packed, I don’t know where I am going to fit you in, you have the iPad right there so you can look at your schedules and you don’t have to try to tediously work everything out by email.  The iPad also has the Westlaw app on it.  Which is not a shameless plug; I actually do use it and enjoy it.

     If you were not in law school, what would you be doing instead?

    I would probably either be working at my family business or working as a financial analyst somewhere downtown.

     How did you come to choose the practice of law?

    I saw that being a financial analyst has a very set path and you climb the ladder. Obviously people can perform better or worse and that effects how well they do at their career, but in law, you can build your own business and have a little bit more freedom to craft your practice and be your own person.  So there is a certain independence I saw in the practice of law.

     Do you use social media (LinkedIn, FB, Twitter etc...) for personal or professional purposes?

    I have a Facebook account and I am not on there all that often.  I sadly use it mostly to keep tabs on what other people are doing.  I don’t participate in the conversation. If someone mentions a Tweet or something that is the topic of the day, I can competently Google search the Tweet.  But that’s it; I don’t have my own [Twitter] account.

     Is there anything that has surprised you?

    The work actually.  We do a lot of fun activities and outings, but they have actually given us real work. You get to feel like what you are doing is not just some sort of an artificial test…its going to be used in the real world.

     What have you enjoyed most about the experience?

     All the firms pitch that they are going to give you real work, but the actual importance of the work that they are giving us surprised me.  Or at least I didn’t anticipate them being as trusting early on. I enjoy feeling that what I am doing matters.

    *[Editors' Note :  Reference Attorneys speak to Summer Associates very regularly.  It's fair to say, our Summers are busy.  Every year we're impressed with the professionalism of these folks.  We rarely get a chance to learn a great deal about these new professionals beyond their nuts-and-bolts research needs.  This year, though, we had an opportunity to ask a few Summer Associates from Leonard, Street and Deinard, PA about their experience as Summer Associates.  So, we're breaking from our regular research to profile four associates. We learned a lot.  Thanks!] ]]>
    5982 2012-08-06 09:54:26 2012-08-06 14:54:26 open open summer-all-star-break-justin-seitz publish 0 0 post 0 topsy_short_url _encloseme _topsy_long_url _slidedeck_slide_title _topsy_cache_timestamp _edit_last topsy_short_url _topsy_long_url 24242 http://twitter.com/westlawrefatty/status/232549592191889409 2012-08-06 18:51:58 2012-08-06 23:51:58 New posts to Reference Attorney blog: Interview and 2nd Amendment (unrelated) http://t.co/f5XF3P7y]]> 1 trackback 0 0
    Open Meetings and Direct Democracy http://westreferenceatt.3fivelab.com/2012/08/open-meetings-and-direct-democracy/ Fri, 03 Aug 2012 14:43:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6010 WI Legis 10 (2011-2012), famously led to a round of recall elections that ultimately changed partisan control of the State Senate. Less well known was that the law was also challenged in court, eventually making it all the way to the State Supreme Court. The case of State ex rel Ozanne v. Fitzgerald, 798 N.W.2d 436, concerned a challenge to the state’s collective bargaining law based on the state’s Open Meetings Law, W.S.A. 19.81 et seq.  The Open Meetings Law (and similar equivalents in other states) is meant to guarantee the public access to government deliberations.  The essential allegation in the Ozanne case was that the legislature did not give proper notice of the final meeting on the bill.  The Court declined to address the issue on separation of powers grounds, upheld the law, and the rest is swiftly becoming history. That case, decided in June 2011, was very much on my mind as I read about a case currently coming to a head in Michigan.  Early in 2011, Michigan passed the ‘emergency manager law,’ which amended a pre-existing law to allow certain state-appointed financial managers new powers, including the ability to modify public sector union contracts. See MI Legis 4 (2011).   Despite differences, the Michigan law and the Wisconsin law are often brought up in the same conversation because of their respective effects on public sector unions.  See e.g 2011 WLNR 15551937. Similar to Wisconsin, Michigan’s Bill is now also at the center of litigation that pits technical statutory requirements against the popular will.  A group is seeking a referendum on the law, but their question may never make the ballot due to font on the forms they circulated to gather signatures.  MCLA 168.482(2) requires the forms used to collect signatures for a petition to contain a heading in ’14 point font,’ though ’14 point’ isn’t defined anywhere in the law. As two justices noted when the Supreme Court took up the case, the concept of font arose from the use of printing blocks.  See 2012 wl 2865779.  How the concept translates to the digital era will apparently decide whether or not Michigan voters get a plebiscite on their emergency manager law. Research References To find more on the font dispute as it’s made its way to the State Supreme Court, try the following search in MINEWS: Font & petition & emergency /3 manager.  2012 WLNR 15634213 contained some records of the actual oral arguments in the case. The docket number for the Michigan Supreme Court case is, 145387, if you run a search for that DOCK-MI-APPSCT, the relevant docket will come up. To find more on the Michigan law, I tried emergency /3 manager in various MINEWS and MI-CS databases, limiting results to results after the start of 2011.  To find the legislation, I had to go to the database for bills from before the current calendar year, MI-Legis-old.  Similarly, to find more on the Wisconsin law, I tried various searches using collective! /3 bargain! in similar state-specific databases, with similar date restrictions.]]> 6010 2012-08-03 09:43:46 2012-08-03 14:43:46 open open open-meetings-and-direct-democracy publish 0 0 post 0 _topsy_long_url _encloseme topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp May I Have Your ID Please? http://westreferenceatt.3fivelab.com/2012/08/may-i-have-your-id-please/ Wed, 01 Aug 2012 18:33:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6014 the state of Pennsylvania has recently conceded that it has no actual proof of in-person voter fraud despite its having passed one of the strictest voter identification laws in the country.  The purpose of the law is to ensure that only American citizens are voting.  This has become a very contentious issue over the last three years, with nearly half of the states passing some sort of identification requirement at the polls. In response to these rules, those on the left have argued that such laws disenfranchise large numbers of actual Americans, such as the poor and minorities.  It is argued that many people in these categories do not have as much access to institutions where they would be able to obtain the necessary documentation to meet the identification requirements.  The controversy reached a new high a few weeks ago when Attorney General Eric Holder referred to such laws as an illegitimate “poll tax” and Rick Perry, the governor of Texas and former GOP presidential candidate, demanded that he apologize.  Fights Over Voter ID Grow Fierce, 2012 WLNR 15264795 Apart from all of the discussions that have taken place regarding the constitutionality of voter identification laws, the U.S. Department of Justice has launched an investigation into the legality of the Pennsylvania law under the Voting Rights Act. Justice Department investigating Pennsylvania Voter ID Law, 7/23/12 CNN Wire 23:15:12  Pennsylvania is also defending a lawsuit by the ACLU, the NAACP and a number of individual plaintiffs regarding this issue.  The docket for this case can be found at: 330 MD 2012 in the Pennsylvania state court dockets.  In addition to the suit against Pennsylvania, several other states have become embroiled in voting registration lawsuits over the last year, including Texas, Alabama, Arizona, and Florida.  You can see the filings, briefs, and opinions from some of these cases using the following search in all state and federal materials in WestlawNext: TI("department of justice" "eric holder" "attorney general") & (vot! /4 regist!) v.r.a. "voter registration act" & DA(last 12 months) As in Pennsylvania, the proponents of voter id laws across the country vigorously defend their laws even though they can point to very little evidence of an actual problem.  But this hasn’t stopped states from introducing and passing voter identification laws.  To see a sampling of some of the bills and recently passed acts relating to voter id fraud, try the following search in Proposed and Enacted Legislation on WestlawNext: vot! /5 identif! & non-citizen "not american" "legal permanent resident" alien Some interesting law reviews on the subject include: Kelly T. Brewer, Disenfranchise This: State Voter Id Laws and Their Discontents, A Blueprint for Bringing Successful Equal Protection and Poll Tax Claims, 42 Val. U. L. Rev. 191 (2007) Samuel P. Langholz, Fashioning A Constitutional Voter-Identification Requirement, 93 Iowa L. Rev. 731 (2008)  Joel A. Heller, Fearing Fear Itself: Photo Identification Laws, Fear of Fraud, and the Fundamental Right to Vote, 62 Vand. L. Rev. 1871, 1878 (2009)]]> 6014 2012-08-01 13:33:56 2012-08-01 18:33:56 open open may-i-have-your-id-please publish 0 0 post 0 topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme _topsy_long_url 24243 http://twitter.com/westlawrefatty/status/230733726810787841 2012-08-01 18:36:21 2012-08-01 23:36:21 New blog post regarding Voter ID issues this year. http://t.co/hCskRwhL]]> 1 trackback 0 0 24244 Osmundson@gmail.com 199.201.121.139 2013-08-18 04:28:10 2013-08-18 09:28:10 0 0 0 Right To Bear Arms http://westreferenceatt.3fivelab.com/2012/08/right-to-bear-arms/ Mon, 06 Aug 2012 13:25:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6026 2012 WL 3065285.  Residents were divided on the decision, but the Brady Center to Prevent Gun Violence proclaimed:
    “Yet again, a court has affirmed that the Second Amendment does not infringe on gun owners’ rights when it comes to common-sense restrictions on the carrying of guns in public spaces.”
    It has been suggested the ruling may become a national model. There have been various legal battles waged over gun control. On June 28, 2010, in McDonald v. City of Chicago, the United States Supreme Court (130 S.Ct. 3020) prohibited state and local governments from blanket bans on gun ownership. The city of Chicago and the village of Oak Park (IL) instituted bans on handgun possession impacting many citizens. The Supreme Court ruled that the Second Amendment fully applies to states by virtue of the Fourteenth Amendment, and as the local blanket bans on handguns violated the Second Amendment, they were unconstitutional. In another case, District of Columbia v. Heller (128 S.Ct. 2783), the Supreme Court ruled that a D.C. statute banning handgun possession in the home violated the Second Amendment. In its opinion, the court explicitly stated that its ruling was not meant to clarify the entire field of Second Amendment issues, but that “there will be time enough to expound upon the historical justifications for the exceptions we have mentioned if and when those exceptions come before us.” (128 S.Ct. at 2821). It will be very interesting to see how courts analyze and adjudicate future cases involving the right to bear arms. Interested observers may want to focus their scope—er, their attention—on further developments. For more information on this issue, the following queries may be run on WestlawNext:

    BAN BANNING BANNED /S GUN FIREARM /S CONSTITUTIONAL UNCONSTITUTIONAL /s "SECOND AMENDMENT" (23) Content: Cases Jurisdiction: All Federal

    RESTRICT! LIMIT! /S "RIGHT TO BEAR ARMS" /S CONSTITUTIONAL UNCONSTITUTIONAL (174) Content: Secondary Sources Jurisdiction: All State & Federal

    ]]>
    6026 2012-08-06 08:25:13 2012-08-06 13:25:13 open open right-to-bear-arms publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24245 http://twitter.com/usa_gunrights/status/232644210296233984 2012-08-07 01:07:56 2012-08-07 06:07:56 Right To Bear Arms: “Yet again, a court has affirmed that the Second Amendment does not infringe on gun owners' ... http://t.co/GuezUwIJ]]> 1 trackback 0 0 24246 http://twitter.com/imntdedyt/status/232648895447044096 2012-08-07 01:26:33 2012-08-07 06:26:33 Right To Bear Arms: “Yet again, a court has affirmed that the Second Amendment does not infringe on gun owners' ... http://t.co/GuezUwIJ]]> 1 trackback 0 0 24247 http://twitter.com/erwayderway/status/232985855759900672 2012-08-07 23:45:31 2012-08-08 04:45:31 Right To Bear Arms: “Yet again, a court has affirmed that the Second Amendment does not infringe on gun owners' ... http://t.co/GuezUwIJ]]> 1 trackback 0 0
    Legislating away mass murder http://westreferenceatt.3fivelab.com/2012/08/legislating-away-mass-murder/ Tue, 07 Aug 2012 21:35:20 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6037 au(lautenberg mccarthy).  To see when the magazine restriction bills are offered, try: (magazine /s 10-round) "large capacity ammunition feeding device" (large high +2 capacity /5 magazine) in the same database. There has also been discussion of legislative responses from Second Amendment supporters, as well.  Much new discussion has been had of a pair of companion bills currently pending before Congress (one House version, one Senate) known interchangeably as the National Right to Carry Reciprocity Act, which I wrote about here.  To see some of that recent discussion, try this search in All News on WestlawNext: "National Right to Carry" "right to carry reciprocity" & da(aft 07/20/2012) But in researching for this post, I also learned about another legislative proposal from Second Amendment supporters that has been making rounds on internet discussion forums, and even in some state legislatures.  The measure is known familiarly as the "Gun-Free Zone Liability Act."  It would seek to impose tort liability upon those who post signs or otherwise convey to their guests or patrons that guns are prohibited on their premises.  Second Amendment advocates point out that the Century 16 theatre in Aurora was posted as a gun-free zone that banned the possession of weapons on its premises.  Under the Gun-Free Zone Liability Act, at least as it was propsed before the Colorado legislature in 2008, those in attendance at the movie that night would have had a new option for redress.  The act provided:
    A PERSON WHO SUFFERS INJURY AS A RESULT OF CRIMINAL CONDUCT THAT OCCURS IN A GUN-FREE ZONE SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST THE PERSON, ORGANIZATION, ENTITY, OR AGENCY OF GOVERNMENT THAT CREATED THE GUN-FREE ZONE. IN AN ACTION BROUGHT PURSUANT TO THIS SECTION, THE PLAINTIFF SHALL HAVE THE BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT A REASONABLE PERSON WOULD BELIEVE THAT POSSESSION OF A FIREARM COULD HAVE HELPED THE PLAINTIFF DEFEND HIMSELF OR HERSELF AGAINST THE CRIMINAL CONDUCT.
    2008 CO S.B. 115 (NS). Similar legislation has also been proposed in Arizona (2008 AZ S.B. 1400 (NS)), Illinois (2011 IL S.B. 48 (NS), 2005 IL S.B. 2789 (NS) and 2005 IL H.B. 4564 (NS)), and South Carolina (2007 SC H.B. 5221 (NS)), though no state has yet adopted the measure.  Search:  gun-free /p liab! in BILLS on Westlaw Classic. The logic behind the law is that nearly all mass shootings occur in places where the lawful possession of guns by those duly licensed is prohibited, so by creating a disincentive toward the creation of these gun-free zones, fewer places would ban guns.  As a result, according to the argument, criminals would have less certainty that their intended victims were disarmed and defenseless and may think twice before carrying out their heinous plans. Many states with permit-to-carry laws on the books allow private property owners to post signage informing permit holders that they wish their property to remain "gun free."  See, e.g., Minn. Stat. 624.714, subd. 17 (providing for the posting of a sign that "(owner or operator) bans guns on these premises").  Wisconsin, in its newly enacted carry law, took a new approach to the question of posting signs prohibiting the carrying of weapons by granting immunity to anyone who decides not to prohibit an individual from carrying a weapon on their premises.  Wisc. Stat. 175.60(21).  It has been an open question whether this grant of immunity in any way effects the liability of those who do choose to ban guns from their premises, but the general consensus is that it won't.  (As a "for instance," see this document from the Wisconsin Restaurant Association ).  Clearly, the Gun-Free Zone Liability Act would add a new dimension for consideration in those states that allow for the posting of signs prohibiting carry. For a list of the state's that allow for such posting, try this search on WestlawNext: Content: All States: Search: post sign prohibit carry of firearm Whichever direction the legislative approach to solving public massacres takes, this much is certain: there won't be any easy answers, and we're not likely to solve it anytime soon.]]>
    6037 2012-08-07 16:35:20 2012-08-07 21:35:20 open open legislating-away-mass-murder publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _topsy_long_url topsy_short_url _topsy_cache_timestamp _encloseme 24248 http://twitter.com/westlawrefatty/status/232953650018910208 2012-08-07 21:37:32 2012-08-08 02:37:32 Gun Free Zone? Read the blog here: http://t.co/nCPZPsBp]]> 1 trackback 0 0
    What's in a name change? http://westreferenceatt.3fivelab.com/2012/08/whats-in-a-name-change/ Wed, 15 Aug 2012 17:41:23 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6033 are not uncommon.  The Westlaw Digest even has a KeyNumber for the topic (269k20). I ran the following plain language search in all state and federal materials on WestlawNext:

    using characters or numbers in a legal name

    I found this: Julia Shear Kushner, The Right to Control One's Name, 57 UCLA L. Rev. 313 (2009) The introduction of that article mentioned some cases where requests to change legal names had been denied due to the names containing offensive, or obscene terms. The article goes on to discuss attempts to use character symbols or numbers in names (or as names), with varied results depending on jurisdiction:
    The California Court of Appeal found no abuse of discretion after the lower court denied Thomas Boyd Ritchie III's request to change his name to III.  The supreme courts in Minnesota and North Dakota refused to change Michael Herbert Dengler's name to 1069.  In 1976, a New York court refused to allow a feminist to change her last name from “Cooperman” to “Cooperperson.”
    In contrast, other state courts have granted petitions for unusual name changes. The journalist Jennifer Lee successfully changed her name to Jennifer 8. Lee.11 In 2006, the California Court of Appeal found that a lower court did abuse its discretion in refusing to allow Darren Lloyd Bean to change his name to Darren QX Bean!.
    57 UCLA L. Rev. 313, 315
     
    Generally, the article notes, courts will deny attempts to change a name if they are doing so with fraudulent motives, to interfere with others rights, or with otherwise “nefarious intent.” 
    The article goes on to provide a great history and general discussion about the right to determine one's own name – whether the right is fundamental, regulatory concerns, and suggested reforms in the law. Also in my secondary source result list was this ALR: Circumstances justifying grant or denial of petition to change adult's name 79 A.L.R.3d 562 (Originally published in 1977). By the way, not surprisingly, “Ke$ha” is Kesha Sebert’s stage name only as far as I can tell. That unique variation has yet to appear on the Social Security Administration’s Top Baby Names list.    
    ADDITIONAL RESEARCH REFERENCES
    Prince's unpronounceable Love Symbol No. 2 is copyright registration number VA 000832222.]]>
    6033 2012-08-15 12:41:23 2012-08-15 17:41:23 open open whats-in-a-name-change publish 0 0 post 0 topsy_short_url _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url _edit_last _topsy_long_url topsy_short_url _encloseme 24249 http://twitter.com/westlawrefatty/status/235794141727051776 2012-08-15 17:44:38 2012-08-15 22:44:38 Want to change your name? Check out the Reference Attorney blog: http://t.co/yFoyf2yq]]> 1 trackback 0 0 24250 dandanar@umich.edu http://asociologist.com 68.40.185.104 2012-08-15 13:48:20 2012-08-15 18:48:20 1 0 0 24251 jill.vanderziel@thomsonreuters.com 163.231.6.91 2012-08-15 14:29:29 2012-08-15 19:29:29 1 0 0 24252 imbilli12@gmail.com http://howtogetbacktogether.biz 14.98.171.217 2012-08-16 13:11:55 2012-08-16 18:11:55 Without doubt . Wonderfully attractive blog ! ! Guy . . Elegant . . Superb . . I most certainly will bookmark your website and also have the nourishes additionally…I am pleased to look for too much valuable information and facts in this article within the posting . Say thanks to you for discussing . .]]> 0 0 0
    Still More on Political Campaigns and Copyright - Chilling Effects http://westreferenceatt.3fivelab.com/2012/08/still-more-on-political-campaigns-and-copyright-chilling-effects/ Fri, 24 Aug 2012 14:36:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6062 relatively extensive history. Copyright claims against campaigns continue to surface.  Last Thursday, the Silversun Pickups served Mitt Romney's campaign with a cease and desist letter for its use of "Panic Switch."  In February, we highlighted a few strategies for finding and tracking campaign-related copyright cases after the Gingrich campaign was sued for unauthorized use of, "Eye of the Tiger."  But, finding reliable data on information outside court-filed documents is considerably more difficult. CHILLING EFFECTS Private communications like cease and desist letters are not filed, of course.  Unfortunately, this means researchers have little help gauging a primary concern related to the circulation of these documents;  their chilling effects on free expression.  Writing about YouTube take-down notices in the 2008 presidential campaign, co-founder of Chilling Effects.org, Wendy Seltzer wrote:
    Each week, blog posts are redacted, videos deleted, and web pages removed from Internet search results based upon private claims of copyright infringement... The law's shield ... becomes, paradoxically, a sword against the public, which depends upon these providers as platforms for speech.
    24 Harv. J.L. & Tech. 171, 175
    For this reason, some of this information  has been cataloged at the Chilling Effects Clearinghouse.  Also, companies like Google and Twitter publish 'transparency reports'  which include statistics on takedown requests.  These requests are primarily delivered pursuant to statutory procedures that shield Internet Service Providers (ISPs)  from copyright liability when the ISP expeditiously removes the allegedly infringing material.  See section 512 of the Copyright Act.  These reports disclose the number of removal requests by copyright owners and governments, as well as the percentage of requests  with which the company has complied . Largely, however, this activity takes place in private.  Seltzer argues that the privacy of  DMCA's  "safe harbor" process is a function of its successful chilling effect:  
    If this takedown procedure took place through the courts, it would trigger First Amendment scrutiny as a prior restraint -- silencing speech before an adjudication of unlawfulness. But because DMCA takedowns are privately administered through service providers, they have not received such constitutional scrutiny despite their high risk of error.
    24 Harv. J.L. & Tech. 171, 176
      Section 512 does offer remedies to those whose material has been improperly removed.  See 512(f).  So, there's a public record of those but, a quick search reveals that these proceedings are far, far fewer in number than the massive number of takedown requests. There are 51 cases for the following WestlawNext Search in All States and All Federal:

    adv: 512(f)

    In the last month alone, Google received over 5 million takedown notices. Moreover, on last week's This Week in Law, Eric Goldman noted that there's been just one successful 512(f) claim in the last 15 years (See episode 175 at about 15:18). We tested this assertion by narrowing the query above to headnotes:

    adv: he(512(f))

    Our first result (of 12) is Online Policy Group v. Diebold, Inc., 337 F.Supp.2d 1195 (N.D.Cal.,2004)
    Voting machine manufacturer's copyright infringement suit threats against Internet service providers (ISPs) of website operators who had posted manufacturer's e-mail archive, detailing problems with its machines' performance, were knowingly material misrepresentations, within meaning of Digital Millennium Copyright Act (DMCA) provision imposing liability for damages; no reasonable copyright holder could have believed that posted information was protected by copyright, and manufacturer intended that its cease and desist letters would result in prevention of publication. 17 U.S.C.A. § 512(f).
    There was also Rosen v. Hosting Services, Inc., 771 F.Supp.2d 1219, perhaps a partial victory:
    The Court finds that while the incorrect descriptions of the materials in question could be found to be a knowing material misrepresentation, this determination cannot be made on the current record as a matter of law.
    [Eds- This post was co-written with Mike C.]  ]]>
    6062 2012-08-24 09:36:52 2012-08-24 14:36:52 open open still-more-on-political-campaigns-and-copyright-chilling-effects publish 0 0 post 0 _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last topsy_short_url _topsy_long_url topsy_short_url _encloseme
    Securities Fraud, Acticon's Reach http://westreferenceatt.3fivelab.com/2012/08/securities-fraud-acticons-reach/ Thu, 16 Aug 2012 19:31:27 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6068 Acticon AG v. China North East Petroleum Holdings Limited, --- F.3d ----, 2012 WL 3104589, involves fairly straightforward allegations by the Plaintiff investors (Acticon AG and an array of named individuals) that the Defendants (China North East Petroleum Holdings Limited, abbreviated NEP, and certain officers) inflated the value of NEP’s assets and deflated its liabilities in financial statements, leading Plaintiffs to overpay for shares. Acticon's path to the Second Circuit was similarly simple; after the fraudulent financial statements were brought to light, NEP’s share price, despite a sharp initial fall, recovered and eventually went higher than what Plaintiffs eventually paid for it. The price recovery meant that the Plaintiffs couldn’t properly allege a loss caused by the fraud, leading the District Court to dismiss the case.  In re China North East Petroleum Holdings Ltd. Securities Litigation, 819 F.Supp. 2d 351. The Second Circuit, however, vacated the District Court’s dismissal and reinstated the case.  The mere fact that a stock regained lost value does not lead inexorably to the conclusion that the purchase price the Plaintiff paid was equal to the value he received; in plain English, just because you were eventually able to sell something for what you paid for it doesn’t mean that you weren’t charged too much in the first place. The Acticon case will probably quickly find its way into the toolbox of investor-plaintiffs.  As I read it, I was reminded of an older case on corporate fraud and investment loss: Basic Co. v. Levinson, 485 U.S. 224Basic stood for the proposition that one purchasing a security needn’t directly show reliance on a fraudulent statement, reliance may be presumed, as, in an efficient market, the fraud will be felt by all market participants. Acticon doesn’t cite to Basic, but does make mention of the “Fraud on the Market” concept that Basic adopted, and two other cases released the same day did explicitly invoke Basic: Rochester Laborers Pension Fund v. Monsanto, 2012 WL 3143914, and In The Matter of Paul Donald, 2012 CarswellOnt 9499.  The second is a case from the Ontario Securities Commission, which gives a sense of the sustained reach and influence of Basic.  Time will tell if a case like Acticon will be able to match it. RESEARCH REFERENCES I wasn’t sure if Basic was really the first case in the Supreme Court to use the “Fraud on the market” concept, so I ran a search in SCT for “Fraud on the Market.” 12 cases come up, and two are older than Basic, but one discusses ‘Fraud in the Market, and the other, Santa Fe Industries v. Green, 430 U.S. 462, only invokes the concept in the headnotes, not in the court’s opinion.  Santa Fe Industries is actually cited in Basic, on page 230. To find recent cases citing to Basic v. Levinson, look at the citing references to the case in WestlawNext and sort the cases by date.  The most recent two just happened to come out on August 1, the same day as the Acticon case.]]> 6068 2012-08-16 14:31:27 2012-08-16 19:31:27 open open securities-fraud-acticons-reach publish 0 0 post 0 _topsy_long_url topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _encloseme _topsy_cache_timestamp 24253 http://twitter.com/westlawrefatty/status/236187266517721088 2012-08-16 19:46:47 2012-08-17 00:46:47 Reference Attorney blog post: Calculating loss due to fraud http://t.co/3DpYzSB8]]> 1 trackback 0 0 Parental Rights Across International Borders http://westreferenceatt.3fivelab.com/2012/08/parental-rights-across-international-borders/ Fri, 17 Aug 2012 15:54:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6085 42 U.S.C. §§ 11601 et seq, and the Hague Convention on the Civil Aspects of International Child Abduction.  These laws govern the return of a child to his/her country of "habitual residence" where one parent has abducted or wrongfully retained the child from another parent who has "rights of custody." The specific question to be addressed by the Supreme Court is whether the actual return of the child renders an appeal moot.  The mother in this case petitioned for the return of the child to Scotland.  The district court decided in favor of the mother and denied the father's request for a stay pending appeal, and the mother left for Scotland the same day.  See the petition for certiorari, Chafin v. Chafin, 2012 WL 1636904.  On appeal, the Eleventh Circuit dismissed the case as moot because the child had already returned to Scotland, relying on Bekier v. Bekier, 248 F.3d 1051. At first blush, it may seem strange to apply the doctrine of mootness to this situation, where the results of the district court's order seem to be readily reversible.  The Chafin petition argues that isn't  a situation where a remedy is impossible, like trying to un-execute a warrant, as in B&B Chemical v. E.P.A., 806 F.2d 987, (cited in Bekier). And other courts have found that an appeal is not moot just because the child has left the United States, as in Fawcett v. McRoberts, 326 F.3d 491. The reasoning of the Eleventh Circuit in Bekier seems to be that because a parent seeking return of a child under the Hague Convention can petition the court “in the place where the child is located at the time the petition is filed,” once the child travels to the other country, the only remedy is for the other parent to file a new petition for return of the child.  The court points to language in the Hague Convention, Article 12, that “[w]here the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child” (emphasis added). Proceedings under the Hague Convention and International Child Abduction Remedies Act are somewhat complicated by the fact that they are not custody determinations.  As stated by the Ninth Circuit in Cuellar v. Joyce, 596 F.3d 505, "A court that receives a petition under the Hague Convention may not resolve the question of who, as between the parents, is best suited to have custody of the child."  Later on in Cuellar, the court observes that the Hague Convention is aimed at discouraging parental abduction by eliminating any tactical advantage a parent might seek to gain in their own country.  (As the court tartly observes, "The time to take such considerations into account is before undertaking the volitional acts that lead to conception.") To find related materials, start with a search using the name of the treaty:

    "Hague Convention on the Civil Aspects of International Child Abduction"

    These cases can be brought in state or federal court, or removed to federal court, so you will probably want to include both state and federal results in your search.  In addition to a wealth of case law, there are some excellent secondary sources, including Child Custody Prac. & Proc. § 3:6 on the Hague Convention,  and "Construction and application of International Child Abduction Remedies Act," 125 A.L.R. Fed. 217.]]>
    6085 2012-08-17 10:54:52 2012-08-17 15:54:52 open open parental-rights-across-international-borders publish 0 0 post 0 _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url topsy_short_url _slidedeck_slide_title _topsy_long_url _encloseme 24254 http://twitter.com/westlawrefatty/status/236503822032310272 2012-08-17 16:44:39 2012-08-17 21:44:39 Reference Attorney blog post:Parental Rights Across Borders http://t.co/SbLLsKAU]]> 1 trackback 0 0
    Pennsylvania Court Refuses to Grant Preliminary Injunction in Voter ID Case http://westreferenceatt.3fivelab.com/2012/08/pennsylvania-court-refuses-to-grant-preliminary-injunction-in-voter-id-case/ Fri, 17 Aug 2012 15:20:17 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6102 voter id fraud.  According to an article by Joe Palazzolo from the Wall Street Journal’s Law Blog, Commonwealth Judge Robert Simpson decided on August 15 to deny a preliminary injunction intended to block the enforcement of Pennsylvania’s voter identification law.  The plaintiffs in the case have said they intend to appeal the decision, but because the Pennsylvania Supreme Court is evenly divided between three Democrats and three Republicans, the plaintiffs will likely meet some difficulty in getting this decision overturned. Judge Simpson’s opinion can be found at 2012 WL 3332376. To keep track of the appeal, save the following search as a Westclip on Westlaw in the PA-BRIEF-ALL database:

    Ti(applewhite)

    ]]>
    6102 2012-08-17 10:20:17 2012-08-17 15:20:17 open open pennsylvania-court-refuses-to-grant-preliminary-injunction-in-voter-id-case publish 0 0 post 0 _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_cache_timestamp topsy_short_url _edit_last _topsy_long_url _encloseme 24255 http://westreferenceattorneys.com/2012/08/different-states-different-fates-for-voter-i-d-laws/ 173.201.144.128 2012-08-30 11:23:33 2012-08-30 16:23:33 0 pingback 0 0
    Fast and Furious Update: House Sues Holder http://westreferenceatt.3fivelab.com/2012/08/fast-and-furious-update-house-sues-holder/ Mon, 20 Aug 2012 15:12:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6118 2012 WL 3264300). To track new developments in this case, enter docket number 1:12-CV-1332 in the District of Columbia Federal District Court Dockets on WestlawNext (Database DOCK-DC-DCT on WestlawClassic) and select “track.” For the latest news, try the following search in News (ALLNEWSPLUS on WestlawClassic): eric /3 holder & "fast and furious" & DA(aft 8/13/2012) For additional research on this topic, see my July 5 post.    ]]> 6118 2012-08-20 10:12:06 2012-08-20 15:12:06 open open fast-and-furious-update-house-sues-holder publish 0 0 post 0 _topsy_cache_timestamp _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _encloseme Mr. Ryan of Wisconsin http://westreferenceatt.3fivelab.com/2012/08/mr-ryan-of-wisconsin/ Mon, 20 Aug 2012 14:36:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6123 rape and pregnancy last weekend, another bill worth attention is 2011 Cong US HR 3, which, among other things, sought to introduce the phrase ‘forcible rape’ in the place of ‘rape’ in longstanding exceptions to the ban on federal funds being used to provide abortions.  The bill was cosponsored by both Congressman Akin and Congressman Ryan of Wisconsin.  On Saturday, August 11, as you may have heard, Former Massachusetts Governor Mitt Romney announced that Paul Ryan, a congressman from Wisconsin, would be his running mate on the presidential ticket this fall.  Technically, the Congressman won’t be nominated for the vice presidency until the Republican National Convention a few weeks hence, but this is essentially a formality: Paul Ryan is running for Vice President. That makes this an excellent time to take a quick look on Congressman Ryan’s career to date.  The Reference Attorneys ran a legislative retrospective on former Congresswoman Gabrielle Giffords back in January, I’ll use essentially the same methods here. Paul Ryan’s speeches on the floor of congress are available in the Congressional Record database, using the same search strategy:

    sp(ryan /2 wisconsin)

    I found 515 results.

    To see bills that Paul Ryan authored or sponsored in the current and previous Congress, try the following search in Cong-Billtxt:

    te(ryan /2 wisconsin)

    Result: 148 Documents

    Adding the word ‘Wisconsin’ is important, because sponsors are generally referred to only by last name (eg. Mr. Conyers, or Mr. McCotter).  There are two ‘Mr. Ryans’ in Congress, though, so when Paul Ryan sponsors a bill, he is referred to as ‘Mr. Ryan of Wisconsin.’ (The other Congressman, Tim Ryan, is ‘Mr. Ryan of Ohio’).  The famed ‘Ryan Budget’ comes up in this search; the citation is 2011 Cong Us HCON 34.  If you live in a swing state, you’ll be hearing a lot about that bill this coming fall.  ]]>
    6123 2012-08-20 09:36:52 2012-08-20 14:36:52 open open mr-ryan-of-wisconsin publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp topsy_short_url _topsy_long_url _encloseme _slidedeck_slide_title
    Think before you "like" http://westreferenceatt.3fivelab.com/2012/08/think-before-you-like/ Wed, 22 Aug 2012 00:21:04 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6144 appealed to the Fourth Circuit Court of Appeals, an Eastern District of Virginia judge took what strikes me, at least, as an interesting angle on what is and is not protected by the First Amendment's Speech Clause. In Bland v. Roberts, --- F.Supp.2d ----, 2012 WL 1428198, several Sheriff's deputies claimed they were fired in retaliation for "liking" the Facebook campaign page of the sitting Sheriff's opponent.  When the sitting Sheriff won re-election, the deputies were fired.  The deputies argued that they "engaged in constitutionally protected speech when they 'made statements' on [the opponent's] Facebook page" by clicking the "Like" button for the page. In deciding that the deputies' act of "liking" a Facebook page was not constitutionally protected speech, the court drew comparisons to other cases involving free speech on Facebook.  See Mattingly v. Milligan, 2011 WL 5184283; Gresham v. City of Atlanta, 2011 WL 4601022.  The court said that both of those cases involved actual "statements" because the plaintiffs in those cases had actually posted something to Facebook, rather than simply clicking the "Like" button.  The court held that because the Bland case lacked a similar sort of actual statement, the act of  "merely 'liking' a Facebook page is insufficient speech to merit constitutional protection." But it strikes me that this does not exactly jibe with a considerable line of First Amendment jurisprudence, namely those cases finding free speech protection for "expressive conduct" like burning a flag (R.A.V. v. St. Paul, 505 U.S. 377, among many others), raising a fist (Holloman ex rel. Holloman v. Harland, 370 F.3d 1252), or even honking a car horn (State v. Immelt, 267 P.3d 305) For a plethora of examples, check on these search in All State and Federal on WestlawNext: Search: (free! /3 speech) "first amendment" /250 (burn! /5 flag) (rais! /5 fist) "expressive conduct" Search: First amendment expressive conduct I find it very interesting that the Bland court only uses the word "expressive" twice, and doesn't really go into an analysis of expressive conduct, simply concluding that there was no speech involved.  I think it will be even more interesting to see how the Fourth Circuit addresses the issue. Oh, and by the way, be sure to "like" this post on the Westlaw Facebook page!]]> 6144 2012-08-21 19:21:04 2012-08-22 00:21:04 open open think-before-you-like publish 0 0 post 0 topsy_short_url _topsy_long_url _encloseme topsy_short_url _topsy_long_url _topsy_cache_timestamp _edit_last _slidedeck_slide_title 24256 http://twitter.com/westlawrefatty/status/238069123299561474 2012-08-22 00:24:36 2012-08-22 05:24:36 New Reference Attorney blog post: "Like" I didn't say anything. http://t.co/syTTsIfr]]> 1 trackback 0 0 24257 http://twitter.com/rutgrscamlawlib/status/238256387157803008 2012-08-22 12:48:43 2012-08-22 17:48:43 RT @WestlawRefAtty New Reference Attorney blog post: "Like" I didn't say anything. http://t.co/aH97P2VP]]> 1 trackback 0 0 24258 http://twitter.com/thomsonreuters/status/238292949572661250 2012-08-22 15:14:01 2012-08-22 20:14:01 A great example of why you should think before you "like" - http://t.co/1JAvp0Mj]]> 1 trackback 0 0 24259 http://twitter.com/carrynann/status/238294398369148929 2012-08-22 15:19:46 2012-08-22 20:19:46 A great example of why you should think before you "like" - http://t.co/1JAvp0Mj]]> 1 trackback 0 0 24260 http://twitter.com/josepcarmona/status/238294121645764608 2012-08-22 15:18:40 2012-08-22 20:18:40 What Is right of expression?“@thomsonreuters: A great example of why you should think before you "like" - http://t.co/6yWNvQpb”]]> 1 trackback 0 0 24261 http://twitter.com/javiersolana/status/238294069867081728 2012-08-22 15:18:28 2012-08-22 20:18:28 What Is right of expression?“@thomsonreuters: A great example of why you should think before you "like" - http://t.co/6yWNvQpb”]]> 1 trackback 0 0 24262 http://twitter.com/alisaeed81/status/238294015311749120 2012-08-22 15:18:15 2012-08-22 20:18:15 A great example of why you should think before you "like" - http://t.co/Hf9wwAOb]]> 1 trackback 0 0 24263 http://twitter.com/biennehuisman/status/238293961196847104 2012-08-22 15:18:02 2012-08-22 20:18:02 A great example of why you should think before you "like" - http://t.co/1JAvp0Mj]]> 1 trackback 0 0 24264 http://twitter.com/warriorcashflow/status/238293703058415617 2012-08-22 15:17:00 2012-08-22 20:17:00 A great example of why you should think before you "like" - http://t.co/1JAvp0Mj]]> 1 trackback 0 0 24265 http://twitter.com/miocoxon/status/238293377391677440 2012-08-22 15:15:43 2012-08-22 20:15:43 Haha so good “@thomsonreuters: A great example of why you should think before you "like" - http://t.co/67RmMDa3]]> 1 trackback 0 0 24266 http://twitter.com/2kdei/status/238296545701789696 2012-08-22 15:28:18 2012-08-22 20:28:18 VIRGINIA: 1st amend right not extend to FB "liking". NOT “expressive conduct” (R.A.V. v. St. Paul, 505 U.S. 377). http://t.co/vNtP5MLO]]> 1 trackback 0 0 24267 http://twitter.com/anderezkurra/status/238300345435041792 2012-08-22 15:43:24 2012-08-22 20:43:24 What Is right of expression?“@thomsonreuters: A great example of why you should think before you "like" - http://t.co/6yWNvQpb”]]> 1 trackback 0 0 24268 http://twitter.com/th3j3t3r/status/238304841070440449 2012-08-22 16:01:16 2012-08-22 21:01:16 VIRGINIA: 1st amend right not extend to FB "liking". NOT “expressive conduct” (R.A.V. v. St. Paul, 505 U.S. 377). http://t.co/vNtP5MLO]]> 1 trackback 0 0 24269 http://twitter.com/sdsurvprep/status/238309206858543104 2012-08-22 16:18:37 2012-08-22 21:18:37 VIRGINIA: 1st amend right not extend to FB "liking". NOT “expressive conduct” (R.A.V. v. St. Paul, 505 U.S. 377). http://t.co/vNtP5MLO]]> 1 trackback 0 0 24270 http://twitter.com/burgerlibrary/status/238335421501800448 2012-08-22 18:02:47 2012-08-22 23:02:47 West Reference Attorneys : Think before you “like”, http://t.co/hUq4LMhY.]]> 1 trackback 0 0 24271 http://twitter.com/prestonfranzen/status/238346202075250690 2012-08-22 18:45:37 2012-08-22 23:45:37 RT @WestRefAttorney: Think before you &quot;like&quot; http://t.co/DGAu2Tsw]]> 1 trackback 0 0 Summer All-Star Break: Saba Syed http://westreferenceatt.3fivelab.com/2012/08/summer-all-star-break-saba-syed/ Thu, 23 Aug 2012 18:16:35 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6155 "You can’t separate the business out from the legal profession.  I think in law school what we emphasize is the theory and the application of the law, but when you work in a law firm you can’t forget the fact that time literally means money because we bill.  I think for the first time in my life I appreciated the fact that law firms are businesses."  

    Saba Syed (Bowman and Brooke, LLP)

    Law School:  I will be starting my third year at Baylor Desired Practice Area? 

    I went to Baylor for litigation.  Litigation has been something that I think will end up being my practice area.

    Any area in particular?

    Yeah.  I really like torts.  Torts.  Products liability.

    What did you do before you went to law school? I did my undergrad at UT Law [University of Texas at Austin] and took about six semesters of Arabic when I was in undergrad and I qualified for a government scholarship where I studied Arabic in Egypt for a year.  So I spent a year traveling the Middle East.  It was amazing.  I have advanced and high proficiency in Arabic now because of that year I spent there.  When I came back I started at Baylor. On the lighter side, what’s your favorite movie?

    One of my favorite movies that I can watch at any time is Audrey Hepburn’s movie My Fair Lady.  Any time that comes on T.V. that’s the movie I’m watching.

    What’s your guilty pleasure?

    My guilty pleasure is actually Boy Meets World marathons.  I don’t know if you watched Boy Meets World, but it’s a sitcom from the 90’s.  Sometimes it shows up on TBS and I’ll just sit down and watch it.  My whole day will be gone watching that, but it’s great.  I love it.

    How do you think your experience so far as a Summer Associate changed your view of the law or the legal profession?

    Well, it taught me that the legal profession is really business.  You can’t separate the business out from the legal profession.  I think in law school what we emphasize is the theory and the application of the law, but when you work in a law firm you can’t forget the fact that time literally means money because we bill.  I think for the first time in my life I appreciated the fact that law firms are businesses.  That was a cool experience for me because I understood sort of the dynamics of what motivates a law firm-how does it work-and that’s an experience you can only get by being inside the law firm itself.  You can’t get that from observing it or talking about it in theory.

    You answered part of my next question, but I’ll ask it anyways.  What are you learning as a Summer Associate you’d never get from law school alone?  What would you add to what you’ve already mentioned that you get as a Summer Associate that law school doesn’t or can’t teach?

    Being a Summer Associate taught me about resourcefulness.  In law school we have access, unlimited access, to Westlaw, LexisNexis, WestlawNext.  Any database we want. We have dozens of subscription databases.  Three floors of library space.  Literally unlimited resources.  Law firms just don’t operate that way because they don’t need those kinds of resources.  You really learn to work with what you have and be very cost effective with your research.  You do that because you want to keep your clients in mind.  I think that’s just something you learn through practice.  You would never get that experience in a law school setting.

    I remember starting out in practice and having to stop and remind myself that now we’ve got real clients and real money.  

    That’s exactly right. So you learn to get good with the secondary sources you have and you ask around and you use what you have.  You use the people in the firm. Whereas you might have just hopped on the net you use the people in the firm.   You have your colleagues you can talk to; so that’s pretty useful, too.

      What other tools or resources (apps) do you use that are critical to your success as a Summer Associate or make your life easier or are something you’d not want to practice without?  

    Secondary sources where the authors have done the research for you. They’ve given you the case law.  They’ve made it really easy for you to find the answer quickly. You don’t have to waste a lot of time searching and digging.  I think those are absolutely indispensible.  I’ve used Google Scholar a lot actually.  I think they’ve really developed that program and it’s been very helpful.  The firms that I’ve worked at usually have a document management system.  Over the years the firm collects many documents and you’re able to access them like a library.  And so those are all really helpful tools for me to do my work.

      If you weren’t in law school what do you think you’d be doing instead?  

    I think I would probably be doing my Masters in Middle Eastern studies and traveling abroad maybe looking for a translating job.  I did some Arabic translation work when I was in Egypt and that was very enjoyable-very challenging.  I loved being in the Middle East, but I’m kind of glad I’m not there right now personally, because there’s a lot of stuff going on there.  That would be my alternate universe.

      How did you come to choose law?  

    I’ve actually wanted to go to law school since high school.  It’s strange, but I think sometimes people just decide what they want to do and there’s not really a set, life-changing reason why, but I just found that I was good at certain things like reading, writing, history.  I enjoyed debate.  I looked at these qualities and thought law school would be a good fit.  Since high school I’ve kept law school in mind.  So there wasn’t one moment for me it was kind of a constant yeah, I want to go to law school.

    Not a Boy Meets World episode on law school?

    No.  You know, there usually is.  But not this time.

      Do you use social media personally or professionally?

    I have a Facebook account and have many friends on my Facebook account and I go on it frequently.  I have not yet signed up for LinkedIn because I just haven’t seen a lot of my friends do it.  But I might consider getting one.  I’ve heard it’s a pretty good way to connect with professionals.  Twitter, I think, I just don’t have enough interesting opinions everyday to tell people what I think.  Twitter is interesting.  I don’t have one personally.  I think it’s a cool idea, but it’s not really for me.

             ]]>
    6155 2012-08-23 13:16:35 2012-08-23 18:16:35 open open summer-all-star-break-saba-syed publish 0 0 post 0 _encloseme topsy_short_url _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last topsy_short_url _topsy_long_url 24272 http://twitter.com/westlawrefatty/status/238702396296007680 2012-08-23 18:21:00 2012-08-23 23:21:00 Read our final Summer Associate interview with a SA at Bowman and Brooke, LLP http://t.co/ywiwJnhX]]> 1 trackback 0 0
    Agency Tweets as "Guidance" http://westreferenceatt.3fivelab.com/2012/08/agency-tweets-as-guidance/ Fri, 24 Aug 2012 15:06:37 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6203 customer service operations, and major government agencies. But, if "guidance" is typically not a final agency action subject to judicial review and has no binding or estoppel effect on the government, why then does it matter? Second, we found very little information on the subject.  For these social-media related questions, we often begin with a traditional terms and connectors search using various social media applications as key terms:

    twitter blog web-log social-media facebook /s agency administrative /2 guidance interpretation

      There were certainly interesting results in secondary sources:
    ...agency officials might make statements through social media to drum up interest in the rulemaking or encourage the public to comment.
    but the concern for addressed by these articles seem to have more to do with a tweet's status as a "federal record":
    These statements and resulting public comments present a novel question for records management--are they federal records?
    See 63 Admin. L. Rev. 893, 930
    This article also directed us to a National Archives Bulletin relating to agency management in social media platforms.  This site, in turn,  includes a link to a National Archives Study (pdf) of agency's usage of social media:
    In Fiscal Year 2010, the National Archives and Records Administration (NARA) undertook a study to observe how agencies are using web 2.0 tools to conduct business and identify characteristics that may affect the value of information created and shared in web 2.0 formats. A NARA team interviewed six Federal agencies that are using web 2.0 tools to conduct mission-related business and have policies or procedures for implementing and using tools. Representatives from an additional nineteen Federal agencies volunteered to attend a focus group jam session to provide a broader understanding of Federal web 2.0 uses.
    Our colleague, Max, had the clever idea of drafting a search  search focusing on an earlier communication technology.  Try this plain language search:

    "agency guidance" by telephone

    He found 22 Case results in All Federal including Battle Creek Health System v. Leavitt, 498 F.3d 401.  That case noted that agency interpretations that aren’t subject to the notice and comment process are not entitled to full Chevron deference, however, they can still be persuasive authority.   Additional Research References Interestingly, one week ago the FEC released an advisory opinion, available at 2012 WL 3598215.  The opinion clarified the fact that politicians may, consistent with federal law, fundraise via text message.  The government may or may not be able to beam official advice diretly to your phone, but apparently it’s quite simple for you to send your money in the opposite direction.    ]]>
    6203 2012-08-24 10:06:37 2012-08-24 15:06:37 open open agency-tweets-as-guidance publish 0 0 post 0 _topsy_long_url topsy_short_url _encloseme topsy_short_url _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url 24273 http://twitter.com/westlawrefatty/status/239016174858424320 2012-08-24 15:07:51 2012-08-24 20:07:51 New blog post: Agency Tweets as Guidance http://t.co/0ckU1X6a]]> 1 trackback 0 0
    The Expansion of Online Legal Research http://westreferenceatt.3fivelab.com/2012/08/the-expansion-of-online-legal-research/ Tue, 28 Aug 2012 14:06:49 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6220 ADV: (cite citation citable /p wikipedia wikileaks) Most of the cases I found discussed citing to articles from Wikipedia.  Here is what the Court of Federal Claims had to say about the subject in Campbell ex rel. Campbell v. Sec'y of Health & Human Services, 02-554 V, 2006 WL 445928 (Fed. Cl. Feb. 14, 2006):
     A review of the Wikipedia website reveals a pervasive and, for our purposes, disturbing series of disclaimers, among them, that: (i) any given Wikipedia article “may be, at any given moment, in a bad state: for example it could be in the middle of a large edit or it could have been recently vandalized;” (ii) Wikipedia articles are “also subject to remarkable oversights and omissions;” (iii) “Wikipedia articles (or series of related articles) are liable to be incomplete in ways that would be less usual in a more tightly controlled reference work;” (iv) “[a]nother problem with a lot of content on Wikipedia is that many contributors do not cite their sources, something that makes it hard for the reader to judge the credibility of what is written;” and (v) “many articles commence their lives as partisan drafts” and may be “caught up in a heavily unbalanced viewpoint.”
    You can also look at Bing Shun Li v. Holder, 400 Fed. App'x 854 (5th Cir. 2010) andCrispin v. Christian Audigier, Inc., 717 F. Supp. 2d 965 (C.D. Cal. 2010) to get other courts’ similar views on citing to Wikipedia. Despite the fact that many courts view this practice negatively, it is still frequently done.  According to Courting Wikipedia, 44-APR JTLATRIAL 62, from 2005 to 2008, there were over 100 published opinions that cited to Wikipedia.  There is also a whole host of law review articles that have been written about how to use Wikipedia for research and how it can be a useful tool, many of which can be found using the search I described above.  So, maybe the tide is slowly changing when it comes to Wikipedia in the courtroom. As for the more controversial Wikileaks, I didn’t see any cases talking about citing to materials from this source.  However, I did find an interesting law review article that provided some guidance to law librarians on using this website as a source for material.  That document can be found at: James P. Kelly, Jr., Wikileaks: A Guide for American Law Librarians, 104 Law Libr. J. 245, 259 (2012) I highly doubt the legal community is yet willing to embrace Wikileaks as a potential source based on what I read in this article.  This, of course, is not surprising given the dubious nature of the documents Wikileaks contains and the questionable methods used by its creators to obtain documents deemed confidential.  Nonetheless, as more and more information becomes accessible on the web, only time will tell what kinds of materials will be “acceptable” in the courtroom. Other interesting articles include: Diane Murley, In Defense of Wikipedia, 100 Law Libr. J. 593 (2008) Sean Smith, The Case for Using, but Not Citing, Wikipedia, 42-DEC PROSC 31 (2008) Lee F. Peoples, The Citation of Wikipedia in Judicial Opinions, 12 Yale J. L. & Tech. 1 (2010)]]>
    6220 2012-08-28 09:06:49 2012-08-28 14:06:49 open open the-expansion-of-online-legal-research publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme 24274 http://twitter.com/westlawrefatty/status/240454274738438144 2012-08-28 14:22:21 2012-08-28 19:22:21 Reference Attorney blog post: Online Research http://t.co/CQPLFzIW]]> 1 trackback 0 0 24275 http://twitter.com/westlaw/status/240511585477595137 2012-08-28 18:10:05 2012-08-28 23:10:05 The Expansion of Online Legal Research - (vai @westlawrefatty) http://t.co/pFBJrtgt]]> 1 trackback 0 0 24276 http://twitter.com/robinsonllp/status/240886243385278464 2012-08-29 18:58:50 2012-08-29 23:58:50 An interesting (albeit tangentially related) question regarding the internet and legal research - http://t.co/7jRv3dtL]]> 1 trackback 0 0 24277 http://twitter.com/thomsonreuters/status/240885530198413312 2012-08-29 18:56:00 2012-08-29 23:56:00 An interesting (albeit tangentially related) question regarding the internet and legal research - http://t.co/7jRv3dtL]]> 1 trackback 0 0 24278 http://twitter.com/ambaroyle/status/240887243127005184 2012-08-29 19:02:48 2012-08-30 00:02:48 An interesting (albeit tangentially related) question regarding the internet and legal research - http://t.co/7jRv3dtL]]> 1 trackback 0 0 24279 http://twitter.com/jojaifra_/status/240898614891802624 2012-08-29 19:48:00 2012-08-30 00:48:00 “@thomsonreuters: An interesting (albeit tangentially related) question regarding the internet and legal research - http://t.co/VWZkMSkr”]]> 1 trackback 0 0 24280 http://twitter.com/ambaroyle/status/241259530443444226 2012-08-30 19:42:09 2012-08-31 00:42:09 @thomsonreuters: An interesting (albeit tangentially related) question regarding the internet and legal research - http://t.co/reAZv8Sb]]> 1 trackback 0 0 24281 maura.waldrop@yahoo.com http://whatcanidoformoney.blogspot.com/ 23.27.129.252 2013-04-21 04:55:40 2013-04-21 09:55:40 0 0 0
    Different States, Different fates for Voter I.D. laws. http://westreferenceatt.3fivelab.com/2012/08/different-states-different-fates-for-voter-i-d-laws/ Thu, 30 Aug 2012 16:23:29 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6230 two weeks ago, a Pennsylvania State Court Judge rejected a preliminary challenge the State’s new Voter I.D. law.  The decision is being appealed, but the prospects are unknown. Texas is currently embroiled in similar litigation.  However, instead of defending a case by a challenger, Texas had to proactively sue the federal government in order to defend its law.  And the case will not be heard by a Texas State judge; instead, it’s pending before three federal judges in the Federal District court for the District of Columbia (docket number: 1:12-cv-00128).  South Carolina has a similar case pending in D.C., DN: 1:12-cv-00203 (South Carolina’s 2012 voting issues deserve a post of their own, which I hope to write eventually). Why is the challenge in Pennsylvania proceeding so different from those in its sister states?  The underlying laws are not particularly different; compare TX LEGIS 123 (2011) with 2012 Pa. Legis. Serv. Act 2012-18. The difference, of course, comes from the Voting Rights act, which celebrated its 47th anniversary earlier this month.  Section 5 of the act, codified at 42 USCA 1973c, requires certain jurisdictions to obtain approval from either the Attorney General or a Federal Court before changing their election procedures.  Texas and South Carolina are included on the list that must pre-clear changes, while Pennsylvania is not.  Court cases seeking pre-clearance cannot be brought in the affected state; instead, they must be brought in the District of Columbia. To see some other places where the Voting Rights Act has popped up recently, I ran the following search in All Federal Trial Court Documents on WestlawNext:

    advanced: TE(voting /3 rights /3 act) & DA(aft 01-01-2012)

    I saw 99 results.  A quick look at some of the district courts in which they were filed shows the national scope of the VRA, though a large plurality were filed in the District of Columbia, demonstrating that court’s central role in pre-clearance suits. I was curious to see if 99 was a result of an election year bump in litigation, so I tried the following two ‘control’ searches:

    advanced: TE(voting /3 rights /3 act) & DA(aft 12-31-2010 & bef 08-27-2011)

    Result: 33 Documents

    advanced: TE(voting /3 rights /3 act) & DA(aft 12-30-2007 & bef 08-27-2008)

    Result: 69 Documents

    These searches show a significant increase from last year over this year.  They also show a smaller, but still significant increase over the most recent presidential election year.  The ebbs and flows of VRA litigation would be a fascinating subject for further study.  ]]>
    6230 2012-08-30 11:23:29 2012-08-30 16:23:29 open open different-states-different-fates-for-voter-i-d-laws publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme
    Big Love http://westreferenceatt.3fivelab.com/2012/09/big-love/ Wed, 05 Sep 2012 14:03:40 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6233 2:11CV00652) U.S. District Judge Clark Waddoups refused to dismiss the suit despite promises from the Utah County Attorney’s Office that they will not prosecute the family for bigamy. The Attorney’s Office also unsuccessfully argued the family lacked standing because they have not actually been charged. Not surprisingly, this is not the first time issues surrounding the practice of bigamy have arisen in Utah. The first in a series of relatively recent Utah cases treating the constitutionality of the bigamy statute (Utah Code Annotated §76-7-101) involved Arthur Green (State v. Green, 99 P.3d 820.  Mr. Green endeavored to only maintain one licensed marriage at a time by terminating each licensed marriage before getting a license for a new marriage. However, he was found to have already been in a valid unsolemnized marriage under Utah Code Annotated 30-1-4.5 when he subsequently married another woman. His conviction for violating 76-7-101 was upheld as was the constitutionality of the statute. In a subsequent case, Rodney Holm was convicted of violating Utah’s bigamy statute for a 1998 “spiritual marriage” to Ruth Stubbs (State v. Holm, 137 P.3d 726). At the time,  Holm was already legally married to Ruth’s sister. In 2006, the Utah Supreme Court again upheld both the conviction and the constitutionality of the bigamy statute. Relying in part on Reynolds v. United States (98 U.S. 145), the court posited that “a state may, even without furthering a compelling state interest, burden an individual's right to free exercise so long as the burden is imposed by a neutral law of general applicability” (137 P.3d 726, 742). The Utah Supreme Court has been consistent in its rulings on the constitutionality of 76-7-101. It’ll be interesting to see whether the U.S. District Court believes plural marriages derive from genuine religious beliefs and are, consequently, protected by the right to privacy and freedom of religion. For additional information on this issue, the following queries may be run on WestlawNext:

    polygam! bigam! /s privacy Content: State Cases Jurisdiction: All States Results: 9

    ti(polygam! bigam! /s privacy constitution!) Content: Secondary Sources Jurisdiction: All State & Federal Results: 11

    ]]>
    6233 2012-09-05 09:03:40 2012-09-05 14:03:40 open open big-love publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _pingme _encloseme
    DNA Collection and the Fourth Amendment-Maryland v. King http://westreferenceatt.3fivelab.com/2012/08/dna-collection-and-the-fourth-amendment-maryland-v-king/ Thu, 30 Aug 2012 17:05:51 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6237 2012 WL 3064878, Petition for Writ for Certiorari found at 2012 WL 3527847).  At issue is whether the warrantless collection of DNA samples prior to conviction pursuant to the Maryland DNA Collection Act (MD PUBLIC SAFETY § 2-501, et. seq.) is constitutional under the Fourth Amendment. The Maryland DNA Collection Act (pre-conviction DNA collection is effective until January 1, 2014) authorizes the collection of DNA samples from individuals charged with “a crime of violence” or burglary or attempted burglary. (MD PUBLIC SAFETY 2-504(3)). In 2009, King was arrested on assault charges and his DNA was collected, analyzed and entered into Maryland’s DNA database pursuant to the Act.  Pending his trial on that charge (for which he was ultimately convicted), his DNA was matched to a sample collected during the investigation of a 2003 unsolved rape.  The match provided the sole probable cause for a grand jury indictment.   He was convicted of first-degree rape and sentenced to life in prison. In a fairly narrow ruling, the Maryland Court of Appeals held that King’s privacy interests outweighed the state’s interest in assuring proper identification of him as to the crimes for which he was charged at the time.  However, the Court noted that it could foresee a different conclusion based on different facts:
     Although we have some trepidation as to the facial constitutionality of the DNA Act, as to arrestees generally, we cannot exclude the possibility that there may be, in some circumstances, a need for the State to obtain a DNA sample to identify an arrestee accurately. King v. State, 42 A3d 549 at 553.
    If the US Supreme Court grants certiorari for this case, how is it likely to rule?  I ran the following search in U.S. Supreme Court Cases on WestlawNext (SCT on Westlaw Classic):

     di("fourth amendment" privacy /s arrest!)

     I then sorted by “most cited” and produced several landmark Fourth Amendment cases within the first 20 hits, including Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 and Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826. In a second search, I tried the following in the same content:

     privacy "fourth amendment" /p d.n.a. blood finger-print urine breath (bod! /3 fluid)

     Again I sorted by “most cited” and again produced Schmerber, along with Skinner v. Railway Labor Executives’ Ass’n., 489 U.S. 602, 109 S.Ct. 140 and Davis v. Mississippi, 394 U.S. 721, 89 S.Ct. 1394.   These would all likely be central to the Court’s analysis of privacy rights versus public safety. But Davis, which addresses the collection of fingerprints during detention, may provide particularly valuable insight into the Court’s balancing of pre-conviction DNA collection and the Fourth Amendment:
    Fingerprinting involves none of the probing into an individual's private life and thoughts that marks an interrogation or search. Nor can fingerprint detention be employed repeatedly to harass any individual, since the police need only one set of each person's prints. Furthermore, fingerprinting is an inherently more reliable and effective crime-solving tool than eyewitness identifications or confessions and is not subject to such abuses as the improper line-up and the ‘third degree..’ Davis v. Mississippi, 394 U.S. 721, 727 (1969).
             ]]>
    6237 2012-08-30 12:05:51 2012-08-30 17:05:51 open open dna-collection-and-the-fourth-amendment-maryland-v-king publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _pingme _encloseme
    Further Issues in International Family Law: Child Custody http://westreferenceatt.3fivelab.com/2012/08/further-issues-in-international-family-law-child-custody/ Thu, 30 Aug 2012 20:32:16 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6255 parental rights across international borders and the Hague Convention on Civil Aspects of International Child.  I mentioned there that the Hague Convention does not deal with the underlying custody determination.  So, the question remains, what law does apply? One starting point lies with the Uniform Child Custody Jurisdiction and Enforcement Act.  The UCCJEA has been adopted nationwide.  While typically this applies to situations where parents reside in different states within the U.S., it has also been applied in the international context.  For an excellent starting point, see 66 A.L.R.6th 269, “Applicability and Application of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to International Child Custody and Support Actions.”  The UCCJEA replaced the UCCJA (Uniform Child Custody Jurisdiction Act), so as you research these issues, you may see that predecessor act turn up as well. The UCCJEA can tell you where custody must be initially determined (UCCJEA § 201), where it can be modified (UCCJEA §§ 202, 207), and whether full faith and credit must be accorded to a custody order from another jurisdiction (UCCJEA § 303, 313). So far so good, but this is only the beginning.  For the custody determination itself, you must then turn to the law of the state with jurisdiction. For cases dealing with custody disputes involving international issues, try the following search on WestlawNext or Westlaw Classic:

    modif! chang! award! /s child /5 custody & "foreign country" international

    Running this search in All States, I retrieved 1,877 results.  My top result on WestlawNext was Guzman v. Sartin, 31 So.3d 426, a Louisiana case where the court determined that it had jurisdiction of a parent’s action to modify a custody determination by a Venezuela court.  Contrast that with Poluhovich v. Pellerano, 861 A.2d 205, where a New Jersey court held that it did not have jurisdiction to modify a custody determination in a divorce decree from the Dominican Republic. Research References To view the text of the Uniform Child Custody Jurisdiction and Enforcement Act, on WestlawNext type ULA into the search bar and select Uniform Laws Annotated from the drop-down “Looking for this?” menu.  Or on Westlaw Classic pull up the database ULA (Uniform Laws Annotated) and click on Table of Contents.  From the ULA table of contents, you can select the act by name.  If you’d like to see a list of adopting states included dates of adoption, go to the Refs & Annos section at the beginning of the act. If you’d like to view the UCCJEA as adopted in your jurisdiction, search your state statues for “uniform child custody jurisdiction” as a plain language / natural language search.  Or in the statutes index go to Uniform Laws, and find the listing for Child Custody Jurisdiction and Enforcement Act.]]>
    6255 2012-08-30 15:32:16 2012-08-30 20:32:16 open open further-issues-in-international-family-law-child-custody publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme _pingme 24282 http://twitter.com/burgerlibrary/status/241694605911937025 2012-09-01 00:30:59 2012-09-01 05:30:59 West Reference Attorneys : Further Issues in International Family Law: Child Custody, http://t.co/aMjYcmwR.]]> 1 trackback 0 0 24283 http://twitter.com/sophia_marie1/status/241765036035555329 2012-09-01 05:10:51 2012-09-01 10:10:51 Further Issues in International Family Law: Child Custody: One starting point lies with the Uniform Child Custod... http://t.co/I7qVuM3t]]> 1 trackback 0 0 24284 RoonBegum800@gmail.com http://www.advanced-plasma.com/Sanyo/ 81.131.200.45 2013-03-05 19:28:35 2013-03-06 01:28:35 0 0 0 24285 Anzaldua5775@gmail.com http://www.snoreaid.org/ 173.234.59.26 2013-04-09 23:06:13 2013-04-10 04:06:13 0 0 0 24286 SteproRichmeier56@googlemail.com http://SILVERLOTTOSYSTEM.TK 220.255.1.24 2013-07-30 01:44:32 2013-07-30 06:44:32 0 0 0
    Westlaw Insider - Week in Review http://westreferenceatt.3fivelab.com/2012/09/westlaw-insider-week-in-review/ Mon, 03 Sep 2012 14:43:16 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6265 Today in 1935: The first “neutrality act” is signed into law

    The Neutrality Act of 1935 and its progeny represent the last true legal effort by the U.S. to remain uninvolved with the affairs of the world at large.

    Practice Management: Social Media Marketing for law firms

    This summer, we published a number of blog posts providing practical advice for lawyers who would like to use Social Media. As the summer winds down, here are those posts all collected in one place for you.

    Hot Docs: Appeals court: Cable TV can’t be streamed live over the Internet

    Have you ever wondered why you can’t watch cable TV over the Internet?

    Criminal E-Discovery: 21st Century Paperless Trails (Part 1 of 5)

    In this five-part series on criminal e-discovery, we will look at the burdens, benefits, and federal rules surrounding the use of e-discovery in criminal proceedings.

    ]]>
    6265 2012-09-03 09:43:16 2012-09-03 14:43:16 open open westlaw-insider-week-in-review publish 0 0 post 0 topsy_short_url _topsy_long_url _topsy_cache_timestamp _edit_last _topsy_long_url topsy_short_url _pingme _encloseme _slidedeck_slide_title 24287 Sterlace@gmail.com 187.95.117.80 2013-08-20 05:47:57 2013-08-20 10:47:57 0 0 0
    Copyright Bots a Growing Industry? http://westreferenceatt.3fivelab.com/2012/09/copyright-bots-a-growing-industry/ Fri, 07 Sep 2012 13:44:40 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6282 has an article on the proliferation of digital fingerprinting technologies that identify and block allegedly infringing live video streams.  A number of recent streaming events - including Michelle Obama's DNC speech - were erroneously blocked by these bots.  According to Wired,
     A swarm of tech companies are rushing in to provide technical solutions to enforce copyright in online sharing communities and video-streaming sites. Those players include Vobile, Attributor, Audible Magic, and Gracenote. And they’re thriving, despite the fact that U.S. copyright law, as modified by the 1998 Digital Millennium Copyright Act, doesn’t require sites that host user-created content to preemptively patrol for copyright violations.
    Indeed, the Second Circuit held that the DMCA does not impose a duty on ISPs to affirmatively monitor for infringement:
    § 512(m) is incompatible with a broad common law duty to monitor or otherwise seek out infringing activity based on general awareness that infringement may be occurring Viacom Intern., Inc. v. YouTube, Inc., 676 F.3d 19, 35 (C.A.2 (N.Y.),2012)
    Wired raises the logical concern of unfair, preemptive censorship but, how fast are these companies really proliferating? We had quite a bit of trouble figuring that out.  Interestingly,  Audible, Gracenote, and Digimarc, made their pitch in the Grokster case in a manner that might make ISPs take notice:
    Amici file this brief in support of neither party in the case and further take no position on any of the legal issues in this case. Amici submit this brief to provide information to the Court about existing technologies that would in fact permit Respondents - despite the decentralized nature of their P2P file-trading networks - to identify and significantly diminish the copyright infringement they enable.  Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 2005 WL 176436 (U.S.), 3 (U.S.,2005)
    That's effective marketing maybe but  numerous searches in the Investext databases (Analysts Reports) on Westlaw yield few results after 2009.  There appear to be no relevant, recent industry or company reports.  Our search strategy is below and we welcome your comments, as always.   Is it possible the early days of the Youtube/Viacom dispute triggered over-investment in these technologies?  Is this recent take-down activity merely a growing belt-and-suspenders strategy for ISPs driven by a few players? Or, is this truly a growing industry?
     
     
    RESEARCH REFERENCES
     
     
    INVESTEXT
     
     
    Here are portions of our Westlaw Research Trail and a description of our search strategy within the INVESTEXT-PDF databases.  There appear to be no relevant results after 2009.

    Searches based on industry-related terms (These terms were largely garnered from briefs and trial court documents from the search referenced above.:

    filter! block! /3 COPYRIGHT (37 Docs)

    manag! /3 COPYRIGHT (370 Docs)

    digital /3 identif! fingerprint! /s copyright (4 Docs)

    digital /3 fingerprint! and copyright (24 Docs)

    "digital content identification" (4 Docs)

    Searches for key industry players within industry reports only:

    (attributor) & rt(ir) (1 Doc)

    (gracenote) & RT(IR) (7 Docs)

    Search for company within all report types (company, industry, etc.):

    na(audible /1 magic) & rt(cr ir gr tr) (31 Docs)

     
    WESTLAWNEXT
     
    A simple advanced search for key industry players delivers a surprising number of results: adv: Vobile Attributor "Audible Magic" Gracenote:
     
       ]]>
    6282 2012-09-07 08:44:40 2012-09-07 13:44:40 open open copyright-bots-a-growing-industry publish 0 0 post 0 _topsy_long_url _slidedeck_slide_title _topsy_cache_timestamp _edit_last topsy_short_url _topsy_long_url topsy_short_url _encloseme _pingme 24288 http://twitter.com/westlawrefatty/status/244069420429877248 2012-09-07 13:47:39 2012-09-07 18:47:39 Read about Copyright Bots on our blog http://t.co/6U3bsluv]]> 1 trackback 0 0
    No Taxation For Suggestive Gyration http://westreferenceatt.3fivelab.com/2012/09/no-taxation-for-suggestive-gyration/ Fri, 07 Sep 2012 22:54:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6304 McKinney’s Tax Law § 1115(x)(1)) Furthermore, he averred the state is not qualified to make such determinations, and that making such distinctions violates the First Amendment. An underlying issue that arose is the use of the term “choreographic.” (McKinney’s Tax law § 1101(c)(5)) The state argued that table and lap dances offered are not choreographed. However, Judge Robert Smith opined that he interpreted “choreographic” as a synonym for dance. Additionally, there’s an issue surrounding refreshments. Under New York state law, a cabaret or other similar place may be taxed depending on refreshment receipts. (McKinney’s Tax Law § 1123). This is the case even if there are dramatic or musical arts performances. While the Nite Moves case is likely one of the more sexually charged tax cases to go before the New York Court of Appeals, it is not the only one of its kind. It appears there are comparable cases in Pennsylvania, Texas and Nevada. In Combs v. Texas Entertainment Ass’n, Inc., the Supreme Court of Texas ruled that a state statutory fee (V.T.C.A., Bus. & C. § 102.052) on businesses offering live, nude entertainment in the presence of alcohol did not violate the First Amendment. (347 W.W. 3d 277) The court reasoned that the statute was content-neutral and survived the four-part test established in United States v. O’Brien, 391 U.S. 367. The test states that government regulation of conduct is sufficiently justified: if it is within constitutional power of government; if it furthers important or substantial governmental interest; if governmental interest is unrelated to suppression of free expression; and if incidental restriction on alleged First Amendment freedom is no greater than is essential to furtherance of that interest. The New York Court of Appeals ruling will impact strip clubs throughout the state, and may even be persuasive authority in foreign jurisdictions. For additional materials on this issue, the following searches may be run on WestlawNext:

    "exotic danc!" nude stripper "strip club" /s state statut! /5 tax! fee % "wire stripper" "stripper wells" (10) Content: Cases Jurisdiction: All States

    exotic danc!" nude stripper "strip club" /s state statut! /5 tax! fee (29) Content: Secondary Sources Jurisdiction: All State & Federal

    ]]>
    6304 2012-09-07 17:54:00 2012-09-07 22:54:00 open open no-taxation-for-suggestive-gyration publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme _pingme 24289 rheabronson@aol.com http://almshnwi.com/upload/index.php?do=/profile-6958/info/ 37.72.190.15 2012-12-21 14:26:13 2012-12-21 20:26:13 0 0 0
    Your Tech's Patent App Pendency http://westreferenceatt.3fivelab.com/2012/09/your-techs-patent-app-pendency/ Thu, 13 Sep 2012 17:39:27 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6334 Patently-O touches on an issue common among our patent researchers: what's the average pendency for an application?
    Reducing patent pendency has been a major goal of the Kappos directorship. However, it is probably useful to pause for a moment to consider whether we should care about pendency and backlog. Certainly we want to know and understand the delay in order to advise our clients on how to order their affairs. But, should we care whether the delay is relatively longer or shorter?
    In his post, Dennis Crouch examined the pendency of claims for patents issued on September 4th, 2012. To emulate Mr.Crouch's search on Thomson Innovation, we tried this:

    DP>=(20120904) AND DP<=(20120904) NOT KI=(s*) NOT PN=(uspp*);

    By eliminating kind code, 'S,' for design patents and publication numbers beginning in uspp, we were able to narrow results to mostly utility patents only.  Then,  choose the charts function from the analyze drop-down menu:   Choose Application Year as the primary field to analyze, and voila, you have a chart that more or less mirrors the one produced by Mr. Crouch:     Of course, a similar procedure works if you wish to search  say, not by publication date, but for the relevant prior art.  For example, here we have a US Class code search (one common in the telecom market) for patents issued after 2005:

    UC=(455/041.2) AND (PY>=(2006) AND PY<=(2012));

    Set your primary field to analyze the application year, your secondary field to analyze publication year.  Your resulting chart shows the top application years for each publication year.  In this case, we can see 4 years is the most prevalent pendency period:    ]]>
    6334 2012-09-13 12:39:27 2012-09-13 17:39:27 open open your-techs-patent-app-pendency publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _encloseme _pingme 24291 ethanrains@gmail.com http://www.gamecareerguide.com/forums/member.php?u=14201 37.72.190.111 2013-04-09 22:21:46 2013-04-10 03:21:46 0 0 0 24290 http://twitter.com/c_mytweet/status/246697371403165696 2012-09-14 19:50:11 2012-09-15 00:50:11 RT @WestRefAttorney: Your Tech's Patent App Pendency http://t.co/IvOHp1zH]]> 1 trackback 0 0
    The Legal Fallout of 9/11 http://westreferenceatt.3fivelab.com/2012/09/the-legal-fallout-of-911/ Tue, 11 Sep 2012 19:06:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6339 This story from the Boston Herald, discusses one of the few remaining lawsuits related to the 9/11 attacks.  Perhaps unsurprisingly, even 11 years after the towers fell and the dust settled, the litigious fallout of the attacks is still being felt. I'm sure we are all aware of some of the more high-profile outcroppings that have come about in the last 11 years, thinking of specific examples like the creation of the TSA, or the Patriot Act (available on Westlaw at Pub. L. 107-56, originally titled: The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001).  But, just how much has happened in relation to "the law" in the wake of these attacks? Try this very basic search on WestlawNext in All State and Federal materials:

    Search: ADV: "September 11, 2001"

    The result pulled back nearly 49,500 results. Under the Cases content, the first results were from the In re Terrorist Attacks of September 11, 2001 and In re World Trade Center Disaster Site Litigation cases. Statutory responses to the attacks that day ranged from tuition and fee waivers for students who are surviving dependents of people killed on 9/11 (CA EDUC 68121), to New Jersey's Freedom Walk Day (NJ ST 36:2-130).  The image to the left is just a portion of the filter-breakdown for state statutes. Secondary sources range from analysis of the validity of the 9/11 Victim Compensation Fund (198 ALR Fed 103), to law reviews analyzing the lasting lessons from the 9/11 litigation (see, e.g., 81 S. Cal. L. Rev. 199), to the response felt in aviation law in terms of hijackings (AVIATION 10:7). At the outset, I was surprised at the extent to which so many varied areas of the law have been impacted in the wake of the attacks.  But as I think about it more, the attacks themselves touched the very fabric of our nation and left us all changed, whether we were in New York that day, or, like me, in a college dorm room in St. Paul, Minnesota.  With that framework in mind, it's not all that surprising that the legal aftermath would have far-reaching impacts as well.]]>
    6339 2012-09-11 14:06:08 2012-09-11 19:06:08 open open the-legal-fallout-of-911 publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url _encloseme _pingme 24292 http://twitter.com/c_mytweet/status/246697519101390848 2012-09-14 19:50:46 2012-09-15 00:50:46 RT @WestRefAttorney: The Legal Fallout of 9/11 http://t.co/Z9xXoNfi]]> 1 trackback 0 0
    Anti-discrimination and the First Amendment: Elane Photography v. Willock http://westreferenceatt.3fivelab.com/2012/10/anti-discrimination-and-the-first-amendment-elane-photography-v-willock/ Tue, 16 Oct 2012 18:08:50 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6338 2012 WL 3756862).  Finding discrimination under the New Mexico Human Rights Act (N.M.S.A. 1978, 28-1-7), the Court ruled that Elane Photography, a “public accommodation” as a service provider, could not use free expression and free exercise of religion as defenses.

     [T]he mere fact that a business provides a good or service with a recognized expressive element does not allow the business to engage in discriminatory practices.

    . . . . While Elane Photography does exercise some degree of control over the photographs it is hired to take... this control does not transform the photographs into a message from Elane Photography. . . . . The NMHRA is not directed at religion or particular religious practices, but it is directed at persons engaged in commerce in New Mexico. Therefore, the NMHRA is a law of general applicability. As such, the government need not have a compelling interest to justify the burden it places on individuals who fall under its proscriptions.

     2012 WL 3756862

    The New Mexico Supreme Court has granted certiorari (petition, 2012 WL 3923883). The case highlights the conflict between anti-discrimination laws and First Amendment rights, and will likely draw still greater attention as the Court weighs these politically charged issues. To view some of the case’s media buzz, try the following search in News on WestlawNext (ALLNEWS on Westlaw Classic):

    elane /p willock

    Run the same query in Secondary Sources on WestlawNext (TP-ALL on Westlaw Classic) for a number of thoughtful analyses, including “WHAT SAME-SEX-MARRIAGE AND RELIGIOUS-LIBERTY CLAIMS HAVE IN COMMON”, 5 NW J. L. & Soc. Pol'y 206.]]>
    6338 2012-10-16 13:08:50 2012-10-16 18:08:50 open open anti-discrimination-and-the-first-amendment-elane-photography-v-willock publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url 24294 doug@mathemaesthetics.com 174.16.175.42 2013-07-19 21:55:48 2013-07-20 02:55:48 0 0 0 24293 NEILDAVIS2002@YAHOO.COM 68.33.25.16 2012-10-18 20:42:39 2012-10-19 01:42:39 0 0 0
    Child Care Licensing Legislation & Regulation http://westreferenceatt.3fivelab.com/2012/09/child-care-licensing-legislation-regulation/ Fri, 14 Sep 2012 17:45:25 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6364 safety concerns in home-based child care. The series reported child deaths in home day cares doubled in the past five years; and, that the vast majority of deaths occur in licensed home day cares. The articles  spurred the state to explore tightening regulations surrounding home child care in Minnesota . Recommendations include increasing public availability of inspection data, and reducing the minimum adult-child ratios where infants and toddlers are present. Statutory or Regulatory Surveys offer a nice place to see where current statutes and regulations are located.  I ran the following plain language search in the 50 State Statutory Surveys on WestlawNext:

    CHILD CARE LICENSING REQUIREMENTS

    The initial 10 results include these two results:

    SURVEYS, Child Care Licensing Requirements: Providers, 0015 SURVEYS 5

    SURVEYS, Child Care Licensing Requirements: Facilities, 0015 SURVEYS 4

    Regulatory Surveys offer similar results:

    REGSURVEYS, Child Care Licensing Requirements: Providers, 0020 REGSURVEYS 2

    REGSURVEYS, Child Care Licensing Requirements: Facilities, 0020 REGSURVEYS 1

    Proposed and Enacted Legislation Clicking on “Proposed & Enacted Legislation” and setting my jurisdiction to all state and federal materials again, I ran the following search:

    CHILD-CARE /S LICENS! PERMIT!

    We get a lot of results (3,404) on the day I ran the search, but that makes sense, considering the breadth of this search.  Use the Status Filters on the left side of the screen to bring our results down to just Enacted Legislation (160 results). In the initial Enacted Legislation results, we see the following:

    Legislation regarding exemption of certain public recreation programs from child care licensure in California. LICENSES AND PERMITS--CHILD CARE --EXEMPTIONS, 2012 Cal. Legis. Serv. Ch. 122 (A.B. 1991) (WEST)

    Legislation adding language to existing statutes in North Dakota that provide for suspension of child care providers licenses in circumstances involving child abuse or neglect determinations or investigations, as well as language allowing parental notification in such scenarios. CHILD CARE--LICENSES AND PERMITS--CHILD ABUSE, 2011 North Dakota Laws Ch. 360 (H.B. 1085)

    Legislation requiring early educator certification among child care providers and staff in North Carolina. CHILDREN--EARLY CARE AND EDUCATION PROVIDERS--CERTIFICATION REQUIREMENTS, 2010 North Carolina Laws S.L. 2010-178 (S.B. 1119)

    There are similar results in Proposed & Adopted Regulations with the same search (3,134). A glance at the first few results shows:

    An adopted Illinois regulation providing for a conditional license for certain licensees who have not maintained compliance with standards, but are “deemed deserving of another chance.” 2012 IL REG TEXT 287089 (NS).

    A final regulation from Delaware adopting revisions to regulations affecting family child care homes and providers. 2008 DE REG TEXT 111982 (NS).

    OVERFILL One of the primary issues brought up by the Star Tribune articles was appropriate staffing ratios. Many situations where child death occurred, there was an over-fill issue – too many kids and too few adults. I decided to try another search, looking for any reference to “ratio.”

    CHILD-CARE /S LICENS! PERMIT! /250 RATIO

    There are 138 Proposed and Enacted Legislation results with that search, 5 of which were Enacted Legislation. Those results included:

    Louisiana legislation that provides for penalties, and corrective action in circumstances where licensing regulations have been violated, including child-staff ratio violations. CHILD CARE FACILITIES AND CHILD–PLACING AGENCIES, 2012 La. Sess. Law Serv. Act 599 (H.B. 861) (WEST)

    North Carolina legislation requiring minimum ages for child care center administrators and staff. Staff counted towards the minimum staff-child ratio must be at least 16 years old. CHILD CARE --RULES AND REGULATIONS, 2012 North Carolina Laws S.L. 2012-160 (H.B. 737)

    And a search in Proposed and Adopted Regulations with that same search brings back 449 results. In the initial results, we see proposed and adopted rules like the following:

    Proposed licensure rules for drop-in, center, and family child care in Tennessee, including regulations regarding adult-child ratios. 2010 TN REG TEXT 239022 (NS)

    Notices of Emergency Rulemaking in North Dakota regarding staffing requirements in group child care. 2012 ND REG TEXT 297094 (NS)

    There is no shortage of legislation and regulation on this issue, and changes, or attempts to change, occur frequently. Clearly the issue is not confined to Minnesota.  In News simply try,

    day care deaths

    ]]>
    6364 2012-09-14 12:45:25 2012-09-14 17:45:25 open open child-care-licensing-legislation-regulation publish 0 0 post 0 _topsy_long_url topsy_short_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url _encloseme _pingme 24297 http://twitter.com/childcarecomply/status/253930289510875137 2012-10-04 18:51:13 2012-10-04 23:51:13 Here is more information about the Child Care Licensing Legislation & Regulation http://t.co/J0DXLQ5S]]> 1 trackback 0 0 24296 http://twitter.com/childcarecomply/status/248436705869303808 2012-09-19 15:01:41 2012-09-19 20:01:41 Here is more information about the Child Care Licensing Legislation & Regulation http://t.co/J0DXLQ5S]]> 1 trackback 0 0 24295 http://twitter.com/c_mytweet/status/246697191262007296 2012-09-14 19:49:28 2012-09-15 00:49:28 RT @WestRefAttorney: Child Care Licensing Legislation &amp; Regulation http://t.co/6lArStZm]]> 1 trackback 0 0
    The Westlaw Editorial Process http://westreferenceatt.3fivelab.com/2012/09/the-westlaw-editorial-process/ Fri, 14 Sep 2012 17:55:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6381 The Westlaw Editorial Process:
    While the text of the decision is central to a practitioner’s understanding of the issues involved in the decision, the editorial enhancements transform the basic text of the case into an intelligent and integrated document.
    Recent related posts include The Westlaw editorial process for Patient Protection & Affordable Care Act, parts 1 and 2. I encourage you to take a look at this series.  I think a basic understanding of how these 'integrated documents' come to be, is important in fundamentally understanding how legal research is currently conducted in the digital world.]]>
    6381 2012-09-14 12:55:52 2012-09-14 17:55:52 open open the-westlaw-editorial-process publish 0 0 post 0 _topsy_cache_timestamp _topsy_long_url topsy_short_url _edit_last topsy_short_url _topsy_long_url _pingme _encloseme
    Spyware and Spouses http://westreferenceatt.3fivelab.com/2012/09/spyware-and-spouses/ Wed, 26 Sep 2012 21:39:12 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6385 1:11CV00884) Catherine and Joseph Zang were in the process of divorcing when Catherine discovered recordings, which she believes went on for months at the least. She surmises that her husband planned to use private communications against her to gain an advantage in divorce proceedings. The case raises issues of privacy and surveillance in the marital home by a spouse. Chief Judge Dlott must weigh the specific issue of the rights of the husband to set up spy gear in the home against the privacy rights of his wife in the same home. Federal wiretapping laws may also be implicated as internet conversations between Catherine and an out-of-state friend were recorded. (18 U.S.C.A. 2511) A growing concern in modern society is the development of higher quality and lower cost surveillance equipment. With increased accessibility to cameras, microphones and spyware, it’s believed there is a substantial number of victims of invasions of privacy who remain unaware they’re being target or are ashamed to prosecute perpetrators. Unfortunately, as the wheels of justice turn slowly, the law has yet to catch up to technological advancements. Perhaps a sense of urgency is what we need to develop next. For additional materials on this issue, the following advanced queries may be run on WestlawNext:

    SECONDARY SOURCES

    TI(inva! /2 privacy & technolog!) (2) Content: Secondary Sources Jurisdiction: All State & Federal

    CASES
    adv: DI,SY(eavesdrop! (inva! right /3 privacy) spy) and TO(divorce) (113)
    Content: Family Law Cases
    Jurisdiction: All State & Federal
    The topic KeyNumber for invasion of privacy is 379IV.

    inva! /2 privacy /p advanc! /5 technolog! (52) Content: Cases Jurisdiction: All State & Federal

    GENERAL

    spy! eavesdrop! /p husband wife spouse /s home residence house /200 right /2 privacy (6) Content: Overview Jurisdiction: All State & Federal

    ]]>
    6385 2012-09-26 16:39:12 2012-09-26 21:39:12 open open spyware-and-spouses publish 0 0 post 0 topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _topsy_long_url 24298 http://twitter.com/jeffhex/status/251130631734558720 2012-09-27 01:26:23 2012-09-27 06:26:23 Spyware and Spouses http://t.co/OQO0qCHj]]> 1 trackback 0 0
    Searching for judge-made law http://westreferenceatt.3fivelab.com/2012/09/searching-for-judge-made-law/ Fri, 21 Sep 2012 17:44:21 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6393 Reading Law: The Interpretation of Legal Texts by Bryan Garner and Antonin Scalia.  Richard Posner's controversial review in the New Republic has spurred an ongoing, heated debate.  Above the Law conveniently collects the conversation here. Questions regarding the courts construction of legal (and other) texts are very, very common here in the Reference Attorney department.  Very frequently, we field calls wondering whether a court has ever defined a particular term or phrase.  Sometimes these requests make sense and bear fruit.  For example, in insurance cases, try the following advanced search in any jurisdiction:

    wp("arising out of")

    As you might be aware, the wp-search (words and phrases) is designed simply to find cases where a court has defined a given term. Nine times out of ten, however, we are left with reviewing the general rules of construction especially in the contract/commercial context (e.g. Is there an ambiguity?  Is there any other reason the plain meaning of the term does not apply? Do specific terms control over general terms?  Do other sections inform the meaning of related sections?).  After all, what are the chances your term has been litigated?  Even if it has, would it be relevant?  See, for example:

    wp(chicken)

    KeyNumbers are plentiful and helpful.  There are KeyNumbers regarding the construction and operation of everything from insurance policies, to statutes, to court orders, to patent claims... too many to list here.  Often times, I'll simply begin with an advanced search that looks like this:

    to(construction and operation) /p [your terms here]

    or, try the related latin term (to the extent, you might remember them)

    he(est-exclusio-alterius)

    No doubt,  Reading Law's 57 principles proved excellent search terms to find these KeyNumbers. The breadth of available case law means this research is generally easy to conduct once you know a few tricks. "Socially Desirable" Results It's much, much more difficult to discern from these cases which might represent a textualist approach and those which might represent a non-textualist (or, purposivist) approach. Maybe this is so because the two approaches are not necessarily entirely divergent. This is professor John Manning's suggestion in a well-cited, 2005 Columbia Law Review article:
    Contrary to popular perception, prevailing methods of purposivism rely on many of the methods that textualists hold dear. In determining what purpose to attribute to a statute, purposivists pay close attention to text, structure, sources of technical or specialized meaning, and maxims of construction (both semantic and substantive). In addition, the most influential version of purposivism also purports to filter these sources through an objective construct that does not seek actual legislative intent, but rather invokes an idealized, hypothetical legislator as the benchmark for understanding what legislation means.
    What Divides Textualists from Purposivists? 106 Colum. L. Rev. 70, 85-86
    The term 'purposivist' appears 10 times in all state and federal cases. Most of these cases are citations to Professor Manning's article. A plain language search on WestlawNext for judge-made law delivers interesting results, however. Our first result is Matter of Oswego Barge Corp., 664 F.2d 327 (C.A.N.Y., 1981) which includes the KeyNumber for judicial encroachment on the legislature:

    92XX(C)2

    This should prove to be a good start, though certainly, it's the application of various doctrine which ultimately determines which approach has been taken. Finally, remembering that the doctrine of copyright fair use was essentially judge-made law before it's incorporation into the 1976 Act, I reviewed some of the legislative history regarding fair-use.
    It is interesting to note ... that early on in the two decades of negotiations that led to the Act, a variety of interested parties urged that the Act not reference fair use at all, or if it did, that its reference take the form of a “bare bones” one-sentence limitation. Their concern was that statutory recognition of fair use would “freeze” or otherwise unpredictably alter the judge-made doctrine.31
    An Empirical Study of U.S. Copyright Fair Use Opinions, 1978-2005
    156 U. Pa. L. Rev. 549, 558-59
    For the relevant legislative history, try the Arnold and Porter legislative history database on Westlaw:
    Database: COPYREV76-LH
    Query: freez! /s fair-use
    Results: 12
    I'd be very interested to know what folks think about this Congressional deference to the judicial branch.]]>
    6393 2012-09-21 12:44:21 2012-09-21 17:44:21 open open searching-for-judge-made-law publish 0 0 post 0 topsy_short_url _topsy_long_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _pingme _encloseme
    In the Hot-seat: For-Profit Education http://westreferenceatt.3fivelab.com/2012/09/in-the-hot-seat-for-profit-education/ Tue, 25 Sep 2012 20:41:37 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6400 report (pdf)  at the end of July regarding an investigation of the for-profit higher education industry. See 2012 WLNR 15997648. For-profit colleges have been subject to intense criticism in recent years. Primary criticisms focused on the high cost of such schools, student debt load and default rate, high dropout rates, inferior quality of education, poor employment prospects, and aggressive recruiting methods. The for-profit industry argues that their programs provide a valuable opportunity for people, often non-traditional students, with family and work obligations, that might otherwise be unable to obtain higher education. Former students and employees also recently filed several lawsuits. Claims in these suits include whistleblower claims that schools illegally paid recruiters based on how many students they enrolled, and misrepresentation and fraud claims by former students in regards to accreditation prospects, and graduation and placement rates. This search in WestlawNext delivers excellent results:

    student allegations of fraud misrepresentation against proprietary schools

    In All State and Federal materials, I get 24 cases, and 97 secondary sources with this search. The first case involves a claim against Brown Institute for “educational malpractice.” One of the headnotes indicates that this case might be directly on point for the types of cases we are looking for here:
    Students' allegations that private, for-profit, proprietary trade school failed to deliver on specific promises and representations regarding its computer program, to the extent claims did not challenge the quality of education provided by school and did not involve an inquiry into nuances of educational processes and theories, stated claims against school for fraud, misrepresentation, or breach of contract. Alsides v. Brown Inst., Ltd., 592 N.W.2d 468 (Minn. Ct. App. 1999)
    The second case also looks right on point. The synopsis in Jackson v. Culinary Sch. of Washington, 788 F. Supp. 1233 (D.D.C. 1992) indicates that this case involves former students of a now defunct culinary school seeking “declaratory and injunctive relief against the Secretary of Education, lenders, Guaranty Associations, and the Student Loan Marketing Association, arising out of allegations that the school fraudulently misrepresented its facilities and educational program, and thereby fraudulently induced students to take out guaranteed student loans.”   RESULTS: BRIEFS I decided to check out the Appellate Brief results as well. In the first few Briefs results I see the following:

    Brief for Defendants-Appellees the United States and the Higher Education Assistance Foundation, Eddie BARTELS, Alethia Pinkney, Shirley Travis, Leonie Smart, Mary L. Manley, Doretha Young, Ruby C. Carr, Alfreda C. Bantum and Vera Burson, Individually and on Behalf of all Others Similarly Situated, Plaintiffs-Appellants, v. ALABAMA COMMERCIAL COLLEGE, INC., d/b/a Riley Training Institute of Savannah, Waycross and Brunswick, Georgia, Richard Riley, Secretary, U.S. Department of Education, in his official capacity, the Higher Education Assistance, 1994 WL 16508084 (C.A.11)

    Brief for Appellee Educational Credit Management Corporation, Vanessa ARMSTRONG, Plaintiff-Appellant, v. ACCREDITING COUNCIL FOR CONTINUING EDUCATION & TRAINING, INC., et al., Defendants-Appellees., 1998 WL 35240315 (C.A.D.C.)

    Brief in Opposition for Respondents Educational Credit Management Corporation and California Student Loan Finance Corporation and Bank of America, N.A. Vanessa ARMSTRONG, Petitioner, v. ACCREDITING COUNCIL FOR CONTINUING EDUCATION AND TRAINING, INC., et al., Respondents., 1999 WL 33633044 (U.S.)

    These briefs, and in fact, nearly all of the briefs in the first 20 results seem to involve former student allegations against proprietary schools regarding misrepresentation, fraud, or breach of contract.   RESULTS: SECONDARY SOURCES There are promising results from law reviews, ALR, and AMJUR:

    Dreams Protected: A New Approach to Policing Proprietary Schools' Misrepresentations, 89 Geo. L.J. 753, 790 (2001)

    Liability of Private Trade School to Student, 22 Am. Jur. Proof of Facts 3d 411

    Liability of private school or educational institution for breach of contract arising from provision of deficient educational instruction, 46 A.L.R.5th 581

    Aaron N. Taylor, "Your Results May Vary": Protecting Students and Taxpayers Through Tighter Regulation of Proprietary School Representations, 62 Admin. L. Rev. 729 (2010)

    We will no doubt continue to see for-profit institutions in the news in the future. There seems to be no lack of discussion in secondary sources on the topic, and the recent senate report certainly indicates that the practices of these schools are under the microscope.   LAWSCHOOL LIABILITY   On a related note, former law students have also gotten press recently by filing suit against their respective law schools. I noticed one of those cases in the results of my earlier search - Rodi v. S. New England Sch. of Law, 532 F.3d 11 (1st Cir. 2008), along with the lower court decision available at 389 F.3d 5 (1st Cir. 2004). That case involved a student alleging misrepresentation regarding accreditation. Other, more recent suits involve claims that schools provided misleading employment data. I found some documents from these cases in the trial court documents:

    Alexandra GOMEZ-JIMENEZ, Scott Tiedke, and Katherine Cooper, on behalf of themselves and all others similarly situated, Plaintiffs, v. NEW YORK LAW SCHOOL, and Does 1-20, Defendants., 2011 WL 4867655 (N.Y.Sup.)

    John T. MACDONALD Jr., Chelsea A. Pejic, Shawn Haff, and Steven Baron, Plaintiffs, v. THOMAS M. COOLEY LAW SCHOOL and Does 1-20, Defendants., 2011 WL 5061950 (W.D.Mich.)

    The case against Cooley Law School has been dismissed, as indicated by the decision available at 2012 WL 2994107. The most recent decision in the Gomez-Jimenez case is available at 36 Misc.3d 230, where the court also granted a motion to dismiss by the school.]]>
    6400 2012-09-25 15:41:37 2012-09-25 20:41:37 open open in-the-hot-seat-for-profit-education publish 0 0 post 0 topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _topsy_long_url _pingme _encloseme 24302 http://twitter.com/shayaniw/status/251566220338425856 2012-09-28 06:17:15 2012-09-28 11:17:15 For-profit colleges have been subject to intense criticism in recent years - http://t.co/D1jc2ltj]]> 1 trackback 0 0 24301 http://twitter.com/thomsonreuters/status/251036918702280705 2012-09-26 19:14:00 2012-09-27 00:14:00 For-profit colleges have been subject to intense criticism in recent years - http://t.co/D1jc2ltj]]> 1 trackback 0 0 24300 http://twitter.com/jessicamadadg/status/250902653796745216 2012-09-26 10:20:28 2012-09-26 15:20:28 In the Hot-seat: For-Profit Education: 1233 (D.D.C. 1992) indicates that this case involves former students of a... http://t.co/KM29OyTr]]> 1 trackback 0 0 24299 http://usconstitution.heartland2009.com/69/in-the-hot-seat-for-profit-education-west-reference-attorneys/ 184.154.201.122 2012-09-26 03:51:00 2012-09-26 08:51:00 0 pingback 0 0
    Prayer in Prison http://westreferenceatt.3fivelab.com/2012/10/prayer-in-prison/ Thu, 04 Oct 2012 18:44:58 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6402 lawsuit against the Federal Correctional Institution where he is imprisoned. Lindh alleges that the prison is violating the Religious Freedom Restoration Act by interfering with their right to participate in group prayers on a daily basis, as they perceive is required by their faith. You can find the docket on Westlaw using the following party names or docket number:

    ARNAOUT ET AL v. WARDEN,  2:09-CV-00215

    This simple search on WestlawNext delivers excellent case law and secondary sources on this topic (see results below):

    RELIGIOUS FREEDOM IN PRISON

    NOTES of DECISIONS Another great strategy for this research involves reviewing the Notes of Decisions at the First Amendment itself.  Paste this in as our citation:

    USCA Constitution Amendment I-Religion.

    After pulling up the Amendment and clicking on the “Notes of Decisions,” find the category for “Prisons.” Clicking on the link to that category pulls up an extensive list of notes of decisions, broken up by sub-topics such as Negligence, Belief and Conduct Distinguished, Legitimacy of Religion, Accommodation of Practice, Factors determining validity of regulations, etc. RESEARCH REFERENCES CASE LAW - Our first few case results from the query referenced above include the following:

    Weir v. Nix, 114 F.3d 817 (8th Cir. 1997) – Case holding that prison “officials did not place “substantial burden” on inmate's rights by failing to provide spiritual advisor who shared inmate's separatist beliefs, limiting inmates to three hours of group worship in chapel per week, holding religious services for protective custody inmates on Fridays as opposed to Sundays, allowing inmate to have at most 25 books at one time in his cell, and prohibiting personal property, including Bibles, in prison yard.”

    Mayfield v. Texas Dept. Of Criminal Justice, 529 F.3d 599 (5th Cir. 2008) – Case about a prisoner who brought claims against prison officials alleging violations of section 1983 and the Religious Land Use and Institutionalized Person’s Act for not allowing Odinist religious services or assembly without an outside volunteer, for banning rune literature from the prison library, and for not allowing prisoners to personally possess runestones.

    Hamilton v. Schriro, 74 F.3d 1545 (8th Cir. 1996) – Case holding that prison officials did not violate the religious freedom of a Native American inmate when they denied him access to a sweat lodge, and by enforcing inmate hair length regulations.

    SECONDARY SOURCES - I also found these documents from our search:

    63 Am. Jur. Proof of Facts 3d 195 (Originally published in 2001) – An article containing a great, comprehensive section on Religious practices in correctional institutions.

    135 Validity, construction, and application of Religious Freedom Restoration Act (42 U.S.C.A. §§ 2000bb et seq.) 135 A.L.R. Fed. 121 (Originally published in 1996) - An ALR article discussing the Religious Freedom Restoration Act and prisoner rights.

    Derek L. Gaubatz, Rluipa at Four: Evaluating the Success and Constitutionality of Rluipa's Prisoner Provisions, 28 Harv. J.L. & Pub. Pol'y 501 (2005) – A law review article discussing the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

     ]]>
    6402 2012-10-04 13:44:58 2012-10-04 18:44:58 open open prayer-in-prison publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24303 info@hoteleljebel.com http://www.facebook.com/profile.php?id=100003407126748 187.12.236.14 2012-12-11 17:15:41 2012-12-11 23:15:41 0 0 0
    Groupon class action unsettled: the use of non-profits in class action settlements http://westreferenceatt.3fivelab.com/2012/10/groupon-class-action-unsettled-the-use-of-non-profits-in-class-action-settlements/ Thu, 04 Oct 2012 18:00:21 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6427 rejected a proposed $8.5 million class action settlement.  Specifically, the judge found fault with a provision in the settlement that would have set aside $75,000 to be divided among two non-profit groups as cy pres beneficiaries, saying that neither of the organizations were "expressly committed to righting the specific wrongs alleged in this case." The court cites to the 9th Circuit Court of Appeal's reversal of a class action settlement, Dennis v. Kellogg Company, --- F.3d -----, 2012 WL 3800230.  In that case, the class consisted of persons who were subjected to Kellogg’s advertisements that its cereal improved attentiveness, while the cy pres beneficiaries were intended to be charities that feed the indigent.  The court found the cy pres award was “divorced from the concerns embodied in consumer protection laws such as the UCL and the CLRA.” "Cy pres" is an old doctrine which historically referred to a court's use of its equitable powers to reform a charitable gift to conform to the donor's intent.  In recent years, the cy pres doctrine has seen a revival in the class action context as a means to distribute class-action settlement funds to a nonprofit charitable organization whose work indirectly benefits the class members and advances the public interest.  See Black's Law Dictionary (9th ed). But as the 9th Circuit pointed out in a decision last year, "...as a growing number of scholars and courts have observed, the cy pres doctrine—unbridled by a driving nexus between the plaintiff class and the cy pres beneficiaries—poses many nascent dangers to the fairness of the distribution process. ... Some courts appear to have abandoned the 'next best use' principle implicit in the cy pres doctrine. These courts have awarded cy pres distributions to myriad charities which, though no doubt pursuing virtuous goals, have little or nothing to do with the purposes of the underlying lawsuit or the class of plaintiffs involved."  Nachshin v. AOL, 663 F.3d 1034. Nachshin pointed to a few cases as examples of this type of distribution:  One settlement, In re Motorsports Merch. Antitrust Litig., 160 F.Supp.2d 1392, distributed $1.85 million remaining from a price fixing class action settlement relating to merchandise sold at professional stock car races to ten organizations including the Duke Children's Hospital and Health Center, the Make–a–Wish Foundation, the American Red Cross, and the Susan G. Komen Breast Cancer Foundation.  Another, Superior Beverage Co., Inc. v. Owens–Illinois, Inc., 827 F.Supp. 477, awarded $2 million from an antitrust class action settlement to fifteen applicants, including the San Jose Museum of Art, the American Jewish Congress, a public television station, and the Roger Baldwin Foundation of the American Civil Liberties Union of Illinois. To find other cases that discuss this issue, I used the following simple plain-language search in All Federal Cases on WestlawNext (use natural language on Westlaw Classic):

    "cy pres" "class action"

    In addition to Nachshin and Dennis, you'll see a variety of cases in other circuits that deal with this issue.  Using the same search, I also found some great secondary sources:

    "Cy pres, fluid recovery, escheat, and deterrent distributions of unallocated class recovery funds—Cy pres distributions of class damages," 3 Newberg on Class Actions § 10:17 (4th ed.)

    "Criticisms of cy pres class recovery distributions," 3 Newberg on Class Actions § 10:20 (4th ed.)

    "Cy Pres Relief and the Pathologies of the Modern Class Action: A Normative and Empirical Analysis," Martin H. Redish et. al., 62 Fla. L. Rev. 617 (2010)

     ]]>
    6427 2012-10-04 13:00:21 2012-10-04 18:00:21 open open groupon-class-action-unsettled-the-use-of-non-profits-in-class-action-settlements publish 0 0 post 0 topsy_short_url _topsy_long_url _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last topsy_short_url 24306 vnnyghxojb@gmail.com http://www.law1949.com/forum.php?mod=viewthread&tid=14550410 189.59.0.178 2013-05-14 05:03:13 2013-05-14 10:03:13 0 0 0 24305 http://twitter.com/laverylawyer/status/255726932203823106 2012-10-09 17:50:26 2012-10-09 22:50:26 Groupon class action unsettled: the use of non-profits in class action settlements - West Ref Atty Blog http://t.co/x3tu0Bwe]]> 1 trackback 0 0 24304 http://twitter.com/burgerlibrary/status/254302412267995136 2012-10-05 19:29:54 2012-10-06 00:29:54 Groupon class action unsettled: the use of non-profits in class action settlements - West Ref Atty Blog http://t.co/x3tu0Bwe]]> 1 trackback 0 0
    Back to Bakke: Are Racial-Conscious College Admissions Policies Doomed? http://westreferenceatt.3fivelab.com/2012/10/back-to-bakke-are-racial-conscious-college-admissions-policies-doomed/ Fri, 12 Oct 2012 13:29:22 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6449 Regents of University of California v. Bakke, 438 U.S. 265. After a white applicant to medical school was denied admission, a challenge was brought against a special admissions program reserving a specific number of positions in the class for disadvantaged minority students. The court found the special admissions program illegal, but held that race may be one of a number of factors in considering applications. In 2003, the Court used Grutter v. Bollinger, 539 U.S. 306, as a vehicle to affirm the precedent established in Bakke. The Court reasoned that “when race-based action is necessary to further a compelling governmental interest, such action does not violate the constitutional guarantee of equal protection so long as the narrow-tailoring requirement is also satisfied.” 539 U.S. at 327. Additionally, the Court noted that remedying past discrimination was not the only governmental use of race able to withstand strict scrutiny. Ultimately, the Grutter court ruled attaining a diverse student body a sufficiently compelling interest. If Fisher overrules Grutter, race-based admission policies in United States public universities might be swept away. It remains to be seen whether “legacy” preferences could suffer a similar demise. Ultimately, universities may be able to create a meritocracy without sacrificing diversity. It remains to be seen whether such a goal is attainable, but it’s a goal worth striving for. RESEARCH REFERENCES For additional materials on this topic, the following queries may be run on WestlawNext:

    TI(race racial! /s admi! /s college university) Content: Secondary Sources Jurisdiction: All State & Federal Results: 24

    race racial! /s admi! /s college university /s constitution! unconstitutional Content: Cases Jurisdiction: All Federal Results: 103

    ]]>
    6449 2012-10-12 08:29:22 2012-10-12 13:29:22 open open back-to-bakke-are-racial-conscious-college-admissions-policies-doomed publish 0 0 post 0 _topsy_long_url topsy_short_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last topsy_short_url _topsy_long_url
    FTC's Greenwashing Guidance http://westreferenceatt.3fivelab.com/2012/10/ftcs-greenwashing-guidance/ Tue, 09 Oct 2012 20:12:07 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6454 announced its adoption of the final revisions to the Guides for the Use of Environmental Marketing Claims (“Green Guides”), which may drastically affect the touting of products and services in terms of their environmental friendliness. Eagerly anticipated by many in the advertising industry—the Green Guides had not been updated since 1998, when environmental marketing claims were not nearly as ubiquitous as they are today—the revised Guides include amendments to previous sections as well as entirely new sections on topics such as carbon offsets and renewable energy claims. While marketing folks would be wise to study the modified Green Guides in their entirety, some of the more notable revisions include:
     The use of unqualified claims of general environmental benefit should be discontinued.  The FTC has determined that phrases such as “eco-friendly,” “green,” “eco-smart,” and “environmentally friendly” are capable of too many interpretations, difficult to substantiate, and, therefore, deceptive if not qualified in some manner.  Significantly, however, the FTC has affirmatively declined to provide any guidance on the use of words like “sustainable,” “natural,” and “organic,” preferring to yield to other agencies’ assistance in interpreting those buzz words. ... It is misleading to promote a product as degradable in some fashion, without qualification, if there exists no competent, reliable scientific evidence that the entire item does not break down in a reasonably short amount of time.  The FTC goes further to indicate that a “reasonably short period of time” is within one year of customary disposal. ... The use of a certification or seal of approval from a third-party organization may constitute an endorsement, which may require compliance with another set of FTC guidelines, the FTC Endorsement Guides (16 C.F.R. §§ 255 et seq.). ... The deceptiveness of claims as to the recyclability of a product will depend on the availability of suitable recycling programs and collection sites to consumers.
      It is important to note that the Green Guides—or any of the FTC’s Guides, for that matter—are not law. They are administrative interpretations of the law. Marketers should heed compliance with them, however, because they are one of the the best indications of how the FTC will enforce the law to stop unfair or deceptive advertising. The revised Green Guides will soon be found at 16 C.F.R. §§ 260 et seq. The FTC has not yet published them in the Federal Register, so you migh wish to set up a WestClip alert to notify you when they become available.  In the FR database, try:

    Query: "environmental marketing" "environmental claims"

    The Federal Register entry should also include the date on which the new Guides become effective. To find all discussion on the Green Guides in the Federal Register, including previous versions going back to their original issuance in 1992, run the following search in WestlawNext.

    Search: PR("Federal Trade Commission" F.T.C.) & guide /7 green environment! Content: Proposed & Adopted Regulations Jurisdiction: All Federal

    If you’re interested in viewing other FTC guides on marketing topics ranging from deceptive pricing and use of the word “free” to advertising of warranties and guarantees, they may be found in Title 16 of the Code of Federal Regulations, Chapter 1, Subchapter B. Consider saving the content page to your Favorites to ensure the various guides are always at your fingertips when you log in to WestlawNext.]]>
    6454 2012-10-09 15:12:07 2012-10-09 20:12:07 open open ftcs-greenwashing-guidance publish 0 0 post 0 _topsy_cache_timestamp _slidedeck_slide_title topsy_short_url _edit_last _topsy_long_url topsy_short_url _topsy_long_url 24307 http://twitter.com/em_meyer/status/255842405692108800 2012-10-10 01:29:17 2012-10-10 06:29:17 It ain't easy being green: check out my blog post re FTC's revised #GreenGuides. http://t.co/WyXwDOfP @WestlawRefAtty #advertisinglaw]]> 1 trackback 0 0
    First-sale doctrine revisited http://westreferenceatt.3fivelab.com/2012/10/first-sale-doctrine-revisited/ Thu, 11 Oct 2012 16:29:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6480 "little-known case" on the Supreme Court's docket this fall, Kirtsaeng v. John Wiley & Sons, Inc. (Supreme Court docket no. 11-697).  As Market Watch summarizes the case:
    At issue . . .is the first-sale doctrine in copyright law, which allows you to buy and then sell things like electronics, books, artwork and furniture, as well as CDs and DVDs, without getting permission from the copyright holder of those products." Put simply, though Apple Inc. has the copyright on the iPhone and Mark Owen has it on the book “No Easy Day,” you can still sell your copies to whomever you please whenever you want without retribution. That’s being challenged now for products that are made abroad, and if the Supreme Court upholds an appellate court ruling, it would mean that the copyright holders of anything you own that has been made in China, Japan or Europe, for example, would have to give you permission to sell it.
    While this case may be little-known to most of the world, it has certainly garnered attention in the legal community.  The following search in All Federal materials on WestlawNext yields quite a few results from this case:

    Search: ti(kirtsaeng)

    Among those results are:

    Order from the Southern District of New York prohibiting Kirtsaeng from raising the first-sale doctrine as a defense, 2009 WL 3364037;

    Opinion from the Second Circuit Court of Appeals challenging the award of statutory damages and determining that the first-sale doctrine does not apply to products made outside the United States, 654 F.3d 210;

    Order of the Supreme Court granting Kirtsaeng's Petition for Certiorari, 132 S.Ct. 1905.

    Also included are some interesting law review articles that demonstrate that, while this case may have received little attention in the press or from the public at large, legal scholarship certainly has not been lacking.  These include articles from the Minnesota Journal of Law, Science, and Technology, 13 Minn. J.L. Sci. & Tech. 899, the International Law Update, 17 Int'l L. Update 59, and the Harvard Law Review, 125 Harv. L. Rev. 1538. The decision in this case could be one of far-reaching impact.  If the predictions from the Market Watch and others prove true, it could fundamentally alter the way we buy and sell items in our daily lives.  One prediction: "it could become an incentive for manufacturers to have everything produced overseas because they would be able to control every resale."  The idea of having to give Houghton Mifflin a cut every time I buy or sell a Curious George book for my kids at a rummage sale certainly puts an intriguing perspective on the outcome of this case. I've already got my alert set up to keep me up to speed on the developments in the case.  If you'd like one too, give us a call, and we'll help you get the WestClip set up. For more background on the first-sale doctrine generally, try the following plain language search on WestlawNext:

    Search: copyright first-sale Jurisdiction:  All Federal

    Some helpful secondary sources from that result:

    Burden and sufficiency of proof under "first sale" doctrine in prosecutoin for copyright infringement, 94 A.L.R. Fed. 101

    Transfer of particular copies; "first sale" doctrine, AMJUR COPYRIGHT § 100

    ]]>
    6480 2012-10-11 11:29:44 2012-10-11 16:29:44 open open first-sale-doctrine-revisited publish 0 0 post 0 _slidedeck_slide_title _topsy_long_url _edit_last topsy_short_url _topsy_cache_timestamp topsy_short_url _topsy_long_url 24309 http://westreferenceattorneys.com/2013/03/first-sale-doctrine-affirmed/ 173.201.144.128 2013-03-19 11:59:50 2013-03-19 16:59:50 0 pingback 0 0 24308 http://twitter.com/burgerlibrary/status/256764691496439810 2012-10-12 14:34:07 2012-10-12 19:34:07 First-sale doctrine revisited | West Reference Attorney Blog http://t.co/UvNx5Trl]]> 1 trackback 0 0
    Litigation of the Living Dead: IndyMac the "vampire" and beyond http://westreferenceatt.3fivelab.com/2012/10/litigation-of-the-living-dead-indymac-the-vampire-and-beyond/ Tue, 16 Oct 2012 18:24:37 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6488 "living dead" bank which had ceased to legally exist weeks before the foreclosure action was filed.  IndyMac Federal Bank, FSB v. Meisels, 2012 WL 4748473.  The court compares defunct bank IndyMac to the vampire Dracula, and compares the law firm that filed the action to Dracula's ghoulish assistant Renfield. The IndyMac opinion is a great read.  It turns out the the bank's undead status isn't the only problem in the case.  After the bank's corporate demise, the mortgage was then assigned through nominee MERS and its Vice President, "the infamous robosigner Erica Johnson–Seck."  (How often do you get vampires and robots in the same case?) The "living dead" analogy seems particularly appropriate this time of year, as we approach Halloween.  And certainly the issue of mortgage foreclosures has become fraught with legal horrors and strange creatures.  I ran the following search in All Cases to see what other Halloween-ish results would turn up:

    mortgage /p foreclos! & zombie vampire dracula living-dead ghoul! undead frankenstein

    Here are some other bone-chilling images from the courts:

    This case illustrates the shortcomings, even the dangers, of the once mighty global secondary mortgage loan market, with its arcane methods of doing business, conceived by ambitious, supersophisticated, big-brained, short-sighted financiers and their lawyers, who did not realize that they were creating a Frankenstein for everybody involved except the lawyers.  Duke v. Nationstar Mortg., L.L.C.,  2012 WL 3852121

    In pari delicto does not apply to an entity once its controlling wrongdoer is ousted, a receiver is appointed, and the entity is no longer an “evil zombie.” Smith v. Bull Mountain Coal Properties, Inc.,  2008 WL 1736047 (citing Scholes v. Lehmann, 56 F.3d 750).

    A macabre mother-son feud over the remains of a family's multi-generational burial business muddied the funeral plot in this case. ...James unceremoniously left the family's parlor in the lurch and all parties began to engage in stiff internecine competition with one another, replete with burial-bashing recriminations and other unpleasantries, including allegations of commercial “grave robbing.” Egidio DiPardo & Sons, Inc. v. Lauzon, 708 A.2d 165

    The purpose of this law is to prevent the robbery of dead men's estates, by means of extinguished or satisfied judgments of any kind whatever, raised up by vampire claimants, for purposes of fraud. Taylor v. Young, 1872 WL 11304

    And I turned up a few spine-tingling articles in secondary sources as well:

    "Of Frankenstein Monsters and Shining Knights: Myth, Reality, and the 'Class Action Problem'", 92 Harv.L.Rev. 664

    "The Dracula Mortgage: Creature of the Omitted Junior Lienholder," 67 Or.L.Rev. 287

    ]]>
    6488 2012-10-16 13:24:37 2012-10-16 18:24:37 open open litigation-of-the-living-dead-indymac-the-vampire-and-beyond publish 0 0 post 0 topsy_short_url _topsy_cache_timestamp _topsy_long_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title 24310 http://twitter.com/westlawrefatty/status/260519072293351425 2012-10-22 23:12:41 2012-10-23 04:12:41 Looking for a #Halloween costume? How about a zombie bank? Read the blog http://t.co/DvnVWGk6]]> 1 trackback 0 0
    Law of the Undead http://westreferenceatt.3fivelab.com/2012/10/law-of-the-undead/ Wed, 24 Oct 2012 21:01:04 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6505 Zombie mania! Silly and serious zombie shootin' gear, 2012 WLNR 18061491) to zombie-themed nights on the town (Zombie Do's and Don't: A Beginner's Corpse, 2012 WLNR 21742292), we figured, why shouldn't we get in on the action too? The end result of that impulse is this post, and possibly a few more, taking a tongue-in-cheek look at some of the possible legal implications should you or a loved one, find yourself among the undead. And we wanted to start with something that would clearly be at the forefront of every estate-planning-lawyer-to-the-undead's mind:  Can you probate the will of a zombie? Using Texas as our starting point (just because), let's look at the law surrounding when a will can be admitted to probate.  I used this search as my starting point to get a foothold on Texas law:

    Search: admit will to probate Jurisdiction: Texas

    In looking at the statutes that are returned in my results, I jump to V.A.T.S. Probate Code, § 88, Proof Required for Probate and Issuance of Letters Testamentary or of Administration.  According to that section, the first thing you have to submit is proof that the person is, in fact, dead. This would seem like a relatively easy element, but what of a zombie?  How does one determine death?  Time for a new search:

    Search: determination of death Jurisdiction: Texas

    We find our answer again in statutes under V.T.C.A., Health & Safety Code § 671.001, Standard Used in Determining Death.
    (a) A person is dead when, according to ordinary standards of medical practice, there is irreversible cessation of the person's spontaneous respiratory and circulatory functions.
    (b) If artificial means of support preclude a determination that a person's spontaneous respiratory and circulatory functions have ceased, the person is dead when, in the announced opinion of a physician, according to ordinary standards of medical practice, there is irreversible cessation of all spontaneous brain function. Death occurs when the relevant functions cease.
     The secondary sources from that search point us to another possible source of guidance:  the Uniform Determination of Death Act.  See, e.g., Brain Death Revisited:  The Case for a National Standard, 36 J.L. Med. & Ethics 824.  While Texas hasn't adopted this act, several other states have, and Texas's law does not vary that greatly from the uniform act.
    Search: Uniform Determination of Death Act Jurisdiction:  All States
    The law in West Virginia, W. Va. Code, § 16-10-1, does not vary that greatly from that of Texas.
    An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
    Id.
    But the question remains, does this cover your nearly-departed zombie friends?  Conventional wisdom about zombies would dictate that brain function hasn't ceased, but what of respiratory and circulatory function?  Does a zombie have to have a beating heart and breathing lungs?  Without an actual zombie to examine, this will likely remain an open question.  I think it's safe to say that the attorney who find himself confronted with this issue will, indeed, have a question of first impression.
    ]]>
    6505 2012-10-24 16:01:04 2012-10-24 21:01:04 open open law-of-the-undead publish 0 0 post 0 topsy_short_url _topsy_long_url _topsy_cache_timestamp _slidedeck_slide_title _edit_last topsy_short_url _topsy_long_url 24313 http://twitter.com/burgerlibrary/status/261591979178209280 2012-10-25 22:16:02 2012-10-26 03:16:02 "Can you probate the will of a zombie?" Law of the Undead | West Ref Atty blog http://t.co/PaGhfpvn]]> 1 trackback 0 0 24314 http://twitter.com/davies_law_firm/status/261829616082251776 2012-10-26 14:00:19 2012-10-26 19:00:19 "Can you probate the will of a #zombie?" #Law of the #Undead via @BurgerLibrary http://t.co/PTMAPnxW]]> 1 trackback 0 0 24312 http://westreferenceattorneys.com/2012/10/law-of-the-undead-pt-2/ 173.201.144.128 2012-10-25 15:32:45 2012-10-25 20:32:45 1 pingback 0 0 24311 http://twitter.com/westlawrefatty/status/261477822038695937 2012-10-25 14:42:25 2012-10-25 19:42:25 Just in case - legal implications should you or a loved one, find yourself among the #undead, read the blog: http://t.co/30rRhaUv]]> 1 trackback 0 0
    The Law of Faking Your Own Death http://westreferenceatt.3fivelab.com/2012/10/the-law-of-faking-your-own-death/ Wed, 24 Oct 2012 19:10:30 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6512 (FAK! /5 DEATH MURDER HOMICIDE) in California and Related Federal content.  And yes, I think in terms and connectors…it’s a job hazard. So I ran that search in WestlawNext, and got 25 cases, 7 statutes, 17 administrative decisions & guidance, and 179 secondary sources. Glancing over the results, I see several within the first 20 that mention faking a death or murder:

    United States v. Moore, 653 F.2d 384, 386 (9th Cir. 1981) – DEA informant faked a murder to assist government in building a case against another individual.

    United States v. Herman, 189 F.3d 475 (9th Cir. 1999) – Police investigator’s faked an intended victim’s death during an investigation of a murder-for-hire case.

    In re Pei Ti Tung, 2006 WL 6811016 (B.A.P. 9th Cir. Feb. 24, 2006) - Bankruptcy case that mentions debtor’s previous insurance fraud conviction where she faked the death of her former husband to collect insurance proceeds.

    And, not surprisingly, several results come back where the court is mentioning a movie or fictional story about someone faking a death. Some of the Secondary Sources included:

    11 No. 10 Cons. Bankr. News 2– titled “Debtor Fakes Death to Avoid Student Loan Repayment

    Christine Alice Corcos, Legal Fictions: Irony, Storytelling, Truth, and Justice in the Modern Courtroom Drama, 25 U. Ark. Little Rock L. Rev. 503 (2003)

    DIARIES AS EVIDENCE In “Gone Girl,” the female protagonist wrote a diary, backdating it to make it look like she maintained it for several years. This diary was a major evidentiary item for the police, as it demonstrated “proof” that the wife was scared of her husband. Let’s see how many criminal cases mention a diary as evidence in a murder case. I ran the following search:

    DIARY AS EVIDENCE IN HOMICIDE

    From the overview page, I click on “Cases” and then use the Topic filter to get just criminal cases. We get well over 300 cases once we’ve applied the filter. Glancing through the initial results, I see the following:

    Adams v. United States, 502 A.2d 1011 (D.C. 1986) – Portions of defendant’s diary admitted in a criminal case.

    Parle v. Runnels, 387 F.3d 1030 (9th Cir. 2004) – Victim’s diary admissible in murder case.

    The Parle case also contains a footnote directing the reader to the following article, which maintains that diaries of battered women are inherently reliable:

    Lenora Ledwon, Diaries and Hearsay: Gender, Selfhood, and the Trustworthiness of Narrative Structure, 73 Temp. L. Rev. 1185 (2000)

    State v. Kaufman, 227 W. Va. 537, 711 S.E.2d 607 (2011) – Court found that admission of a murder victim’s entire diary as a single statement was an abuse of discretion. Court maintained that the court must break down narratives and determine the admissibility of each statement individually.

    I clicked on Secondary Sources next and found several promising results:

    14A N.C. Index 4th Evidence and Witnesses § 1833 (4th ed.) – Titled: Diaries

    57 A.L.R.5th 141 (Originally published in 1998) – Titled: Admissibility of evidence of declarant's then-existing mental, emotional, or physical condition, under Rule 803(3) of Uniform Rules of Evidence and similar formulations

    ]]>
    6512 2012-10-24 14:10:30 2012-10-24 19:10:30 open open the-law-of-faking-your-own-death publish 0 0 post 0 _topsy_long_url topsy_short_url topsy_short_url _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url 24315 http://twitter.com/westlawrefatty/status/261205816214949888 2012-10-24 20:41:34 2012-10-25 01:41:34 The law of faking your own death - read the blog: http://t.co/eTkQhrCR]]> 1 trackback 0 0
    The Eighth Amendment and a Prisoner's Right to Sex Reassignment Surgery http://westreferenceatt.3fivelab.com/2012/10/the-eighth-amendment-and-a-prisoners-right-to-sex-reassignment-surgery/ Wed, 24 Oct 2012 17:19:50 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6521 Kosilek v. Spencer, which required that the Department of Corrections pay for Michelle Kosilek ‘s (formerly Robert) sex reassignment surgery.  The first circuit of appeals docket is available on Westlaw and WestlawNext at 12-2194.  The D.Mass decision from 9/4/2012 is also available at 2012 wl 3799660. In the district court case, the court found for Ms. Kosilek and ruled that the Department of Corrections’ refusal to pay for her surgery amounted to cruel and unusual punishment under the Eighth Amendment.  Ms. Kosilek, who suffers from severe “gender identity disorder,” did not respond to other forms of therapy, such as psychotherapy and hormone treatment.  The court referred to the Harry Benjamin Standards of Care, which are used by medical professionals to diagnose and treat patients with gender identity disorder, and states that sex reassignment surgery is “medically necessary and appropriate” for patients in Ms. Kosilek’s condition. The Department of Corrections refused to provide the surgery despite the physicians’ recommendation because they feared an increase in security risks.  The court did not buy the state’s arguments and stated a number of alternatives the DOC could pursue including transferring Ms. Kosilek to a female prison, transferring her to another state’s prison, or holding her in a segregated protective unit. Ms. Kosilek’s victory comes after years of battling with the Department of Corrections on this issue.  A simple search for “Michelle Kosilek” in WestlawNext brings up a number of filings and previous court orders from this case.  It also brings up the decision and filings from the case that initially brought her to prison: the gruesome murder of her wife for which she is serving a life sentence without the possibility of parole. Although Kosilek v. Spencer appears to be the first case ordering a state to provide sex reassignment surgery for an inmate, it is not the first instance of an inmate suing the state for medical treatment for “gender identity disorder.”  It is also not the first case where the courts have found that the state’s refusal to provide treatment to an inmate with this disorder amounted to cruel and unusual punishment. A similar case in Wisconsin led to the passage of the “Wisconsin Inmate Sex Change Prevention Act.”  After years of responding to requests from Scott Konitzer (now Donna), an inmate with gender identity disorder who sought treatment, the Wisconsin legislature decided to pass the “Wisconsin Inmate Sex Change Prevention Act” to ban any state assistance to prisoners who needed sex reassignment surgery to treat their medical condition.  Konitzer v. Frank, 711 F. Supp. 2d 874, 897 (E.D. Wis. 2010)   The “Wisconsin Inmate Sex Change Prevention Act” is available on Westlaw and WestlawNext at Wis. Stat. Ann. § 302.386(5m) (West).   In 2010, three inmates with gender identity disorder sued the state, claiming that this law was unconstitutional.  The Eastern District of Wisconsin agreed and found for the plaintiffs.  The state appealed the decision only to have it affirmed by the Seventh Circuit Court of Appeals.  The US Supreme Court denied certiorari.  Fields v. Smith, 06-C-112, 2010 WL 1325165 (E.D. Wis. Mar. 31, 2010) aff'd, 653 F.3d 550 (7th Cir. 2011) cert. denied, 132 S. Ct. 1810, 182 L. Ed. 2d 616 (U.S. 2012)   A search in WestlawNext for “sex reassignment surgery for inmates” in all state and federal materials reveals that courts have been discussing this topic for many years.  This search will also bring up two broader cases that don’t involve inmates, but do involve persons seeking Medicaid assistance to pay for their sex changes.  Be sure to look at the law reviews and other secondary sources on the subject, some of which I’ve listed here:

    Alvin Lee, Trans Models in Prison: The Medicalization of Gender Identity and the Eighth Amendment Right to Sex Reassignment Therapy, 31 Harv. J. L. & Gender 447 (2008)

    Rebecca Mann, The Treatment of Transgender Prisoners, Not Just an American Problem-A Comparative Analysis of American, Australian, and Canadian Prison Policies Concerning the Treatment of Transgender Prisoners and A "Universal" Recomm, 15 Law & Sexuality 91 (2006)

    Nikolas Andreopoulos, Criminal Law - Kosilek v. Maloney: In Prison While Imprisoned in the Body of the Opposite Sex: Examining the Issue of "Cruel and Unusual Punishment" Presented by an Incarcerated Transsexual, 27 W. New Eng. L. Rev. 219 (2005)

    ]]>
    6521 2012-10-24 12:19:50 2012-10-24 17:19:50 open open the-eighth-amendment-and-a-prisoners-right-to-sex-reassignment-surgery publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last topsy_short_url _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url 24318 lakesha.parson@gmail.com http://Forexsignaler.com/ 96.127.191.26 2013-03-05 06:16:27 2013-03-05 12:16:27 0 0 0 24317 http://correctionalnurse.net/2013/01/04/correctional-nurse-legal-briefs-understanding-serious-medical-needs/ 184.168.46.159 2013-01-04 09:37:43 2013-01-04 15:37:43 1 pingback 0 0 24316 http://twitter.com/westlawrefatty/status/261159310539755520 2012-10-24 17:36:46 2012-10-24 22:36:46 Who pays for sex reassignment surgery for an inmates, read the blog - http://t.co/KV683UE7]]> 1 trackback 0 0 24319 maia@travelsdate.com http://travelsdate.com 83.26.168.36 2013-03-19 04:43:12 2013-03-19 09:43:12 0 0 0 24320 maritzadickson@gmail.com http://xn--kxadbjpsnyt5a.com/index.php?title=Binary_Options_Investing_Technique_Determining_Tactic_Uncovered 91.236.74.117 2013-04-09 22:49:46 2013-04-10 03:49:46 0 0 0
    Law of the Undead, pt. 2 http://westreferenceatt.3fivelab.com/2012/10/law-of-the-undead-pt-2/ Thu, 25 Oct 2012 20:32:29 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6536 first installment, we looked at one of the possible legal implications under Texas law: in the event that you or a loved one find yourself among the undead, can your will be admitted to probate if you're a zombie? But there's another side to the law of the undead:  specifically, what are your legal rights if you find yourself confronted by the walking dead? Continuing our tongue-in-cheek examination of this "rising" body of law, I thought a natural question that flowed from a confrontation with a zombie was, if you act to defend yourself, would it be considered justifiable homicide, or desecration of a corpse? Surprisingly, Texas has helpful law for examining this question as well. Texas has very clear materials regarding the justifiable use of force.  We can get a good snapshot of those materials with the following search:

    Search: justifiable use of force Jurisdiction: Texas

    A good place to start with any question involving self-defense is with the statutes and secondary sources.  Self-defense laws differ state-by-state.  Under Texas law,
    The defendant is entitled to exercise self-defense when the defendant reasonably believes that it is imminently necessary to use a reasonable degree of force to protect himself or herself against unlawful force or threat of force even if the defendant's reasonable belief is mistaken. In the defense of others, situation, the person claiming the right of defensive force essentially stands in the shoes of the person who is unlawfully attacked except that it is the reasonable belief of the person who comes to the aid of another concerning the situation that justifies the use of force that is controlling and not the actual situation or the view of the person who the defendant is aiding.

    43 TXPRAC § 43:38

    PERSONHOOD The actual statutes regarding self-defense are found in TX PENAL §  9.31-9.34.  These statutes all discuss use of force against "another" or the "person against whom force was used."  But is a zombie a "person"?  Might sound crazy but consider how technological advances have challenged basic assumptions and spurred quite a bit of writing on the subject of personhood.   See, for example Lawrence Solum's essay, Legal Personhood for Artificial Intelligences, 70 N.C. L. Rev. 1231, 1231 (1992) and especially its citing references which address the rights of electronic agents, avatar, chimera, chimpanzee, and persons in a "persistent vegetative state." Let's take a look at whether a dead person is considered a "person" under Texas law.

    Search: decedent no longer legal person Jurisdiction: Texas

    This search brings us 33 cases, including one with the following language: "When [decedent] passed away, she no longer represented a legal entity for purposes of filing suit and, therefore, did not have standing to assert a claim."  Armes v. Thomspson, 222 S.W.3d 79 (examining legal existence of a decedent in the context of standing); accord Green v. Southern Transplant Svc., 698 So.2d 699 ("The decedent had no claim for the injuries done to his body after his death because he was no longer a legal person capable of suffering physical or mental injury.") So a clever prosecutor, perhaps a zombie himself, depending on the spread of the outbreak, could argue that self-defense doesn't apply because the object of the force exercised (the zombie) wasn't a person, and therefore outside the scope of the self-defense laws.  This, of course, presumes that a zombie can be considered "dead" for legal purposes, which means either 1) circulatory and respiratory function have irreversibly ceased, or 2) brain function has irreversibly ceased.  TX HEALTH & S § 671.001.  Whether this is the case is, as we discussed in the previous post, an open question. But is justifiable use of force a defense against desecration of a corpse? Under TX PENAL § 42.08 one commits the offense of abuse of a corpse by when he or show knowingly:
    (1) disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a human corpse; (2) conceals a human corpse knowing it to be illegally disinterred; (3) sells or buys a human corpse or in any way traffics in a human corpse; (4) transmits or conveys, or procures to be transmitted or conveyed, a human corpse to a place outside the state; or (5) vandalizes, damages, or treats in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest.
    Not surprisingly, a search within the 102 cases citing this statute for self-defense (justifi! /5 force) reveals no cases where a defendant attempted to argue self-defense after being accused of abusing a corpse.  In fact the following search in All State and Federal materials yields no relevant cases:

    Search: self-defense (justif! /5 force) /s corpse "dead body"

    So if you find yourself defending someone claiming self-defense for abusing a corpse, you'll almost certainly be blazing new ground. For more on self-defense laws throughout the country, try the following:

    Search: "castle doctrine" "stand your ground" self-defense Jurisdiction:  All State and Federal

    For more on the much more seasonal topic of desecration of a corpse:

    Search: (abuse desecration) of corpse Jurisidcition:  All State and Federal

    Hopefully now you'll have a good primer for the zombie apocalypse.]]>
    6536 2012-10-25 15:32:29 2012-10-25 20:32:29 open open law-of-the-undead-pt-2 publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url 24322 http://twitter.com/westlawrefatty/status/261928847031799808 2012-10-26 20:34:38 2012-10-27 01:34:38 Just in time for #Halloween, Law of the Undead Part 2, Electric Boogaboo http://t.co/6jlFJYD6]]> 1 trackback 0 0 24321 http://twitter.com/burgerlibrary/status/261924112618901506 2012-10-26 20:15:49 2012-10-27 01:15:49 "Can your will be admitted to probate if you’re a zombie?" Law of the Undead, pt. 2 - West Ref Atty Blog http://t.co/UaW9LY1v]]> 1 trackback 0 0
    Dixmoor Five http://westreferenceatt.3fivelab.com/2012/10/dixmoor-five/ Thu, 25 Oct 2012 19:32:58 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6540 1:12CV08327 and 1:12-cv-08349.  Also try a search in the Northern District of Illinois docket collection for:  ptn(dixmoor) and fld(2012) Specifically, the men claim the Dixmoor Police and the Illinois State Police coerced confessions, withheld evidence and fabricated witness testimony. According to the suit, police were aware of DNA evidence excluding the men but withheld it from defense attorneys. As enumerated in Brady v. Maryland (373 U.S. 83, 87):
    “…the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.”
    The suit also claims at least one of the five men was beaten by an officer as a means of coercing a confession. Paragraph 47 of the Barr complaint reads:
    Later on the day of October 29, 1992, then 15-year-old Robert Taylor was interrogated ...under similar circumstances to the interrogation of Robert Veal. Defendant Officers physically abused, yelled at, threatened, and coerced Robert Taylor into making a statement that falsely implicated himself, Jonathan Barr, James Harden, Shainne Sharp, and Robert Veal in the crime.
    Past cases comparable to the Dixmoor Five suit have resulted in multi-million dollar settlements. Unfortunately, time lost cannot be recovered and suffering endured cannot be undone. For additional materials pertaining to this issue, the following searches may be run on WestlawNext:

    "wrongful! convict!" /p police officer "law enforcement" /p prison incarcerat! /p withh*ld! /3 evidence Content: Cases (10 results); Secondary Sources (11 results) Jurisdiction: All State & Federal

    "wrongful! convict!" /p incarcerat! imprison! prison! Content: Jury Verdicts & Settlements (26 results) Jurisdiction: All Federal

    ]]>
    6540 2012-10-25 14:32:58 2012-10-25 19:32:58 open open dixmoor-five publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24323 gainsbrough69@gmail.com http://lawpracticehq.com 88.153.54.183 2012-11-04 09:09:53 2012-11-04 15:09:53 0 0 0
    To our customers impacted by Hurricane Sandy: http://westreferenceatt.3fivelab.com/2012/10/to-our-customers-impacted-by-hurricane-sandy/ Wed, 31 Oct 2012 17:48:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6562 To our customers impacted by Hurricane Sandy: We understand that the full extent of the damage will not be fully understood for days, but we want you to know we are here to help. Thomson Reuters is committed to helping customers affected by Hurricane Sandy restore their practices and businesses as soon as possible. To assist in the rebuilding effort, we’ve set up a dedicated hotline. If you have been displaced by the disaster, please contact Customer Service at 1-800-554-8909, ext. 43356, to let us know that you’re safe and what your needs are. When you’re ready to get back on your feet, we’re ready to help. Thomson Reuters is committed and proud to stand with you throughout your process of recovery and rebuilding. Very best wishes, Bob Azman Senior Vice President, Customer Experience & Education Thomson Reuters]]> 6562 2012-10-31 12:48:47 2012-10-31 17:48:47 open open to-our-customers-impacted-by-hurricane-sandy publish 0 0 post 0 topsy_short_url _topsy_long_url _edit_last topsy_short_url _topsy_cache_timestamp _topsy_long_url Sandy Affecting Legal Deadlines http://westreferenceatt.3fivelab.com/2012/11/sandy-affecting-legal-deadlines/ Sun, 04 Nov 2012 06:56:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6574 references  orders from Judge Preska and Governor Cuomo.  Here are a few research references/strategies for dealing with deadline issues related to recent events.   Of course, we encourage you to call the Reference Attorneys for immediate assistance: 1800-REF-ATTY. EXECUTIVE (and other) ORDERS A few documents are starting to show up in our state executive orders collections.  We recommend a simple search in the NS-EO database for sandy or disaster.  Create an alert with the same settings if you do not see what you are looking for immediately. Judge Preska's orders can be found is on Westlaw at 2012 WL 5359631.  Generally, these orders are found in the district court case law collections (or, DCT on Westlaw).   KEYRULES   KeyRules documents are a great resource for timing and deadline rules. Generally, KeyRules documents include outlines of the applicable rules of practice, timing requirements, filing and service requirements, hearing information, checklists and other pertinent documents related to specific pleadings and motions in state courts.

    Specifically, Sections B  of these outlines cover timing and deadline issues.  Typically, subsection e covers "Enlargement of Time."

      USING KATRINA (and other events) AS A RESEARCH MODEL Try this search on WestlawNext to see how extension issues have been litigated in the past.

    adv: hurricane and katrina /s continuance (exten! enlarg!/3 tim!)

    This search in filings delivers interesting results:

    adv: hurricane and ATLEAST5(katrina) and PR(continuance (enlarg! exten! /3 tim!))

    Plaintiff's assertion that problems have arisen because Plaintiff has suffered through two floodings, including Hurricane Katrina, does not constitute good cause for continuing the trial and extending various discovery deadlines … Catherine S. KATSAR, Plaintiff, v. PIONEER HI-BRED INTERNATIONAL, INC.; Pioneer, a Dupont Company, Glenn Brooke; and David Austin, Individually and Personally, Defendants., 2006 WL 2387029 (S.D.Iowa)
    A colleague of mine also tested this query with some success in case law:

    (nature! /5 disaster emergency catastroph!) hurricane earth-quake flood! (act /3 god) (world-trade /2 center /4 attack! terror!) (court /5 clos! /p extraordinary exceptional) 9/11 katrina september-11 /p exclu! continu! (no not /5 inclu! count!) /p calculat! comput! /15 (time /7 fil!) day deadline time-line

    ]]>
    6574 2012-11-04 01:56:08 2012-11-04 06:56:08 open open sandy-affecting-legal-deadlines publish 0 0 post 0 _topsy_long_url _slidedeck_slide_title _topsy_cache_timestamp _edit_last topsy_short_url _topsy_long_url topsy_short_url
    Close Elections http://westreferenceatt.3fivelab.com/2012/11/close-elections/ Tue, 06 Nov 2012 23:35:41 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6593 we lauded the work of Minnesota's Citizen's for Election Integrity (CEIM).  We loved a feature on their website that summarized all 50 state's voting recount and audit statutes (Check out the Searchable Databases link.)  Of course, neither the Reference Attorneys nor Thomson Reuters is responsible for the accuracy of this database.  But, it continues to serve as an excellent starting point. For election day, we used the CEIM website to sort for those states which have automatic recount statutes - those state's where a tie or near tie triggers an automatic vote recount.   From this list, we updated two KeyCite reports.

    Automatic Recount Statutes by State (pdf, 2 pages)  includes list of statutes and KeyCite Flags.

    KeyCite Report Automatic Recount Statutes (pdf, 169 pages) includes statutory history, and any cases or trial court documents which have cited to each statute.

    Other Research References Westlaw statutory surveys on Election Law, generally, can be found in our 50-State Survey collection:

        Westlaw also has 50-state regulatory surveys for Election Law:

    ]]>
    6593 2012-11-06 17:35:41 2012-11-06 23:35:41 open open close-elections publish 0 0 post 0 _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url topsy_short_url _topsy_long_url 24324 odsjkhkhf3@yahoo.com http://www.seevolution.com/blog/ 180.149.7.127 2012-12-09 05:34:58 2012-12-09 11:34:58 0 0 0
    Florida v. Jardines: Constitutional Dog Sniffs http://westreferenceatt.3fivelab.com/2012/11/florida-v-jardines-constitutional-dog-sniffs/ Thu, 08 Nov 2012 14:35:31 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6609 2012 WL 5354910).  Florida v. Jardines (11-564) involves a case where a police dog was allowed to sniff the front door of the defendant’s home. This “sniff test” alerted the police to the presence of drugs in the home, and ultimately, marijuana was found in the home after a search warrant was issued. Case Below is 73 So.3d 34.   The trial court suppressed the evidence of the marijuana seized at Jardines’ home, relying on another Florida case, State v. Rabb, 920 So. 2d 1175 (Fla. Dist. Ct. App. 2006), which held that a dog sniff at the front door of a home was in violation of the Fourth Amendment, thus no probable cause existed for the search warrant. The state appealed, and the district court reversed, finding that the dog sniff was not a search, and reasoned that the discovery of the illegal drugs was inevitable. Jardines then appealed to the Florida Supreme Court, which held that the “sniff test” did constitute a Fourth Amendment “Search,” thus should have been preceded by a finding of probable cause, and not mere reasonable suspicion. Florida appealed the decision, along with another case involving a dog sniff of a vehicle. The Florida high court found that the state failed to prove that the dog’s alert to the presence of drugs was reliable enough to form the appropriate probable cause needed to conduct a search of the vehicle. Harris v. State, 71 So. 3d 756 (Fla. 2011), as revised on denial of reh'g (Sept. 22, 2011), cert. granted, 132 S. Ct. 1796, 182 L. Ed. 2d 615 (U.S. 2012) Thomson Reuters New and Insight has a nice, quick summary of the SCOTUS proceedings from last Wednesday. RESEARCH REFERENCES For related documents, try the following terms and connectors search:

    dog canine /s sniff! /p front apartment house residence home /5 door /p drug "controlled substance" marijuana narcotic cocaine methamphetamine

    Due to relevancy ranking in WestlawNext, we see Jardines at the top of our result list. Subsequent results include:

    Vestal v. State, 14-10-00378-CR, 2011 WL 3332133 (Tex. App. Aug. 4, 2011), petition for discretionary review refused (Jan. 25, 2012) – Texas Court of Appeals found that a dog sniff at the front door of a home “did not intrude on a legitimate expectation of privacy” and was “not a search for Fourth Amendment purposes.”

    Rodriguez v. State, 106 S.W.3d 224 (Tex. App. 2003) – Another Texas Court of Appeals case holding that a drug dog’s sniff outside the front door of a home did not constitute a Fourth Amendment search.

    Fitzgerald v. State, 153 Md. App. 601, 837 A.2d 989 (2003) aff'd, 384 Md. 484, 864 A.2d 1006 (2004) – Maryland court found that a dog’s alert after sniffing an apartment door was sufficient to establish probable cause, and did not violate the Fourth Amendment.

    If we glance at our secondary source results, we see the following promising articles in the initial results:

    150 A.L.R. Fed. 399 (Originally published in 1998) – Titled: Use of Trained Dog To Detect Narcotics or Drugs as Unreasonable Search In Violation of Fourth Amendment

    1 Uelmen and Haddox, Drug Abuse and the Law Sourcebook § 5:12 – Titled: Establishing probable cause—Dog sniffing of homes

    Joseph Magrisso, Protecting Apartment Dwellers from Warrantless Dog Sniffs, 66 U. Miami L. Rev. 1133 (2012)

    Leslie A. Lunney, Has the Fourth Amendment Gone to the Dogs?: Unreasonable Expansion of Canine Sniff Doctrine to Include Sniffs of the Home, 88 Or. L. Rev. 829 (2009)

    So there are some great articles out there touching on this question. We should know the Supreme Court’s answer by the end of June.]]>
    6609 2012-11-08 08:35:31 2012-11-08 14:35:31 open open florida-v-jardines-constitutional-dog-sniffs publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24325 bryannewebmaster@gmail.com http://www.eeiemblems.com/dnnsite/otherproducts/challengecoins.aspx 182.68.162.238 2012-12-18 07:07:04 2012-12-18 13:07:04 0 0 0
    Another 50-State survey: Documenting the Vote http://westreferenceatt.3fivelab.com/2012/11/another-50-state-survey-documenting-the-vote/ Wed, 07 Nov 2012 19:32:33 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6626 explains:
    In order to protect voters from interference and intimidation, state governments have enacted a complex array of election laws that regulate what activities are permitted at polling places on Election Day. These laws can affect your ability to shoot video or take photographs at a polling place, even if your purpose is just to document your own voting experience.
    Yesterday, we referred you to Citizens for Election Integrity's searchable database.  Today (better late than never, I suppose), we encourage you to check out CMLP's 50-state survey of state laws regulating recording/photographing inside polling places. The site notes that this table is a work in progress and welcomes feedback.  So, try the following search in your state (or, all states) statutory collections:

    adv: SD(photo! camera video divulg! display exhibit! show! /s vote ballot)

    The query delivers the relevant documents for my polling place, Wi Stat 12.13(1)(f) which is referenced in the CMLP chart.  Simple plain language searches also had good results for many jurisdictions:

    photographs inside polling place

     ]]>
    6626 2012-11-07 13:32:33 2012-11-07 19:32:33 open open another-50-state-survey-documenting-the-vote publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24326 Talbert@web.de http://. 92.113.109.29 2012-11-08 08:23:42 2012-11-08 14:23:42 that page .]]> 0 0 0
    Prevailing Parties http://westreferenceatt.3fivelab.com/2012/11/prevailing-parties/ Wed, 07 Nov 2012 21:01:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6628 per curiam decision, clarified who a prevailing party is for purposes of recovery of attorney’s fees. See 2012 WL 5381602. In Lefemine v. Wideman ,  Lefemine filed a § 1983 complaint against law enforcement alleging violations of First Amendment rights for being prevented from conducting anti-abortion demonstrations at street intersection with certain signage.  The district court found that the defendant  infringed plaintiff’s First Amendment rights,  enjoined the defendants from doing so in the future but declined to award nominal damages and attorney’s fees. Affirming the district court, the Fourth Circuit held that, a plaintiff who secures a permanent injunction but no monetary damages is not a “prevailing party” and could not receive fees. See 672 F.3d 292. On appeal, the United States Supreme Court vacated the Fourth Circuit opinion and remanded the case. The Supreme Court quoting one of its earlier opinions stated that, “[a] plaintiff prevails … “when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant's behavior in a way that directly benefits the plaintiff.”” The Court further stated that a non-monetary award such as injunctive or declaratory relief can be sufficient to alter the relationship between the parties.  It is not necessary to be awarded monetary damages to be considered a “prevailing party." The Court reasoned that, “before the ruling, the police intended to stop Lefemine from protesting with his signs; after the ruling, the police could not prevent him from demonstrating in that manner," thereby altering behavior that benefited plaintiff, making Lefemine a “prevailing party” eligible for attorney’s fees. Research References: For related case law, try this advanced search on WestlawNext.  The wp (words and phrases) field helps us identify case law where a court defines a given word of phrase:

    wp(prevailing-party) /s injunct! enjoin!

    What about declaratory judgments?

    wp(prevailing-party) /s declaratory-judgment

    Lefemine v. Wideman references:

    Civil Rights Attorney's Fees Awards Act of 1976: § 1988. Proceedings in vindication of civil rights, 42 USCA § 1988

    Supreme Court Opinion: Lefemine v. Wideman, 2012 WL 5381602

    Fourth Circuit opinion: Lefemine v. Wideman, 672 F.3d 292

    District Court opinion: Lefemine v. Davis, 732 F.Supp.2d 614

    Case cited by the Supreme Court: Farrar v. Hobby, 506 U.S. 103, 111–112, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992)

    ]]>
    6628 2012-11-07 15:01:46 2012-11-07 21:01:46 open open prevailing-parties publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url 24327 http://twitter.com/westlawrefatty/status/266294863119671296 2012-11-07 21:43:37 2012-11-08 03:43:37 Who is a prevailing party? Read the blog: http://t.co/4wcg3mF8]]> 1 trackback 0 0
    I'm in Love with Mary Jane: Legalizing Marijuana in the United States http://westreferenceatt.3fivelab.com/2012/11/im-in-love-with-mary-jane-legalizing-marijuana-in-the-united-states/ Fri, 09 Nov 2012 15:01:32 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6642 2012 Wash. Legis. Serv. Init. Meas. 502) and Colorado (2012 Colo. Legis. Serv. Init. Pet. 30) legalized recreational marijuana usage for those 21 years of age or older. To be clear, marijuana remains illegal under federal law (16 U.S.C.A. 559b). Those who grow or sell it under state law are subject to arrest and prosecution by federal drug enforcement. Because of this, it is possible that state and federal governments will ultimately clash in a courtroom for final resolution. As one might imagine, the issue of legalizing marijuana has both passionate proponents and opponents. One of the common arguments in favor of legalization is the potential of millions of dollars in taxes on marijuana manufacturing and sales. Additionally, some point to a flawed drug policy in the United States that can be improved by the legalization of marijuana. The rationale is that legalization will divest violent gangs and drug dealers of profits reaped from street sales, thereby increasing public safety. Opponents of legalization argue that youth who use marijuana regularly may suffer from loss of I.Q.  Equally disturbing is the potential for lung cancer. With many states marshalling in laws permitting the use of marijuana (medical or otherwise), and with national opinion shifting , the federal government may eventually see its stance against marijuana vanish in a haze of smoke. RESEARCH REFERENCES These new laws raise significant issues of federalism.  The following search in secondary sources on WestlawNext yields very interesting results:

    adv: TI(federalism) and marijuana

    See for example, Jessica Bulman-Pozen, Heather K. Gerken, Uncooperative Federalism, 118 Yale LJ 1256, 1259[2009]:
     
    We hope to convince readers that a sensible account of federalism ought to recognize that uncooperative federalism occurs in practice and to acknowledge that there are values associated with the phenomenon. In the process, we offer a new read on two of the most controversial strands of federalism doctrine--commandeering and preemption. While the Supreme Court has condemned commandeering and favored preemption, a strong commitment to the idea of uncooperative federalism would suggest that the Court has it wrong on both counts. Our doctrinal analysis also leads to a counterintuitive conclusion: while proponents of state resistance generally insist that autonomy is necessary for states to challenge the federal government, it may be that forcing states into the role of federal servants ultimately does more to foster state-centered dissent.
    If you wish to view additional materials pertaining to this issue, the searches below may be run on WestlawNext:

    TE,CA(regulat! medic! "personal use" /5 marijuana) % sentenc! (216) Content: Statutes & Court Rules Jurisdiction: All States

    sy,di(regulat! medicin! "personal use" /5 marijuana) % sentenc! (71) Content: Cases Jurisdiction: All States

     

    ]]>
    6642 2012-11-09 09:01:32 2012-11-09 15:01:32 open open im-in-love-with-mary-jane-legalizing-marijuana-in-the-united-states publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24332 tjjxljwl@gmail.com http://NUNOSOCCEREXPERIENCE.NET 178.73.202.184 2012-11-15 00:28:25 2012-11-15 06:28:25 0 0 0 24328 http://twitter.com/urway2louddude_/status/266924911820435458 2012-11-09 15:27:12 2012-11-09 21:27:12 I’m in Love with Mary Jane: Legalizing Marijuana in the United States http://t.co/GYU0EsbT]]> 1 trackback 0 0 24329 http://twitter.com/420n808/status/266924596568154112 2012-11-09 15:25:57 2012-11-09 21:25:57 I’m in Love with Mary Jane: Legalizing Marijuana in the United States http://t.co/GYU0EsbT]]> 1 trackback 0 0 24330 http://twitter.com/westlawrefatty/status/266924523780206592 2012-11-09 15:25:40 2012-11-09 21:25:40 I’m in Love with Mary Jane: Legalizing Marijuana in the United States: http://t.co/DwsSjlY4]]> 1 trackback 0 0 24331 rqjsmcvlng@gmail.com http://JEINNYLIZARAZO.COM 178.73.202.184 2012-11-14 00:17:10 2012-11-14 06:17:10 0 0 0
    Hostess Bankruptcy Update http://westreferenceatt.3fivelab.com/2012/11/hostess-bankruptcy-update/ Tue, 20 Nov 2012 16:34:54 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6657 I posted about the Hostess bankruptcy filing. On Friday, Hostess filed a request to wind down their business and liquidate. The company indicated that their financial difficulties were caused by wage and pension demands, and that a recent strike by the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union had prevented them from continuing to operate multiple facilities. THE TWINKIE DOCKET

    You can find Friday’s request on Westlaw at entry number 1710 at docket number 7:12-BK-22052.

    LABOR ISSUES

    Hostess’ implication that union activity had lead to the company’s financial distress lead me to thinking more about what the role a union plays in a company’s bankruptcy generally.  On WestlawNext, I clicked on the “Topics” tab, and then the link to “Bankruptcy” to explore further. I clicked on “All Bankruptcy Secondary Sources” and ran the following search:

    UNION AND LABOR ISSUES IN BANKRUPTCY

    A sampling of a few of the results I get with that search:

    Harvey R. Miller, Michele J. Meises, Christopher Marcus (FNd1), The State of the Unions in Reorganization and Restructuring Cases, 15 Am. Bankr. Inst. L. Rev. 465 (2007)

    Labor and Employment Labor Unions in Today's Bankruptcies, 120309 ABI-CLE 215

    Management vs. Labor: The Collision of Bankruptcy and Labor Law Policy, 061130 ABI-CLE 5

    Hon. William T. Bodoh, Beth A. Buchanan (FNd1), Ignored Consequences-the Conflicting Policies of Labor Law and Business Reorganization and Its Impact on Organized Labor, 15 Am. Bankr. Inst. L. Rev. 395 (2007)

    Christopher Updike, Ingrid Bagby, Collective Bargaining Agreements and the Bankruptcy Code: Are Damage Claims for Rejection of Collective Bargaining Agreements Available under Section 1113?, Jnl. of Bankr. L. 2008.01-2

    The results include references to “Section 1113.”  For example, the Journal of Bankruptcy Law article quotes:

    “Section 1113 of the Bankruptcy Code was enacted to address the treatment of collective bargaining agreements when a company in such distress declares bankruptcy. Specifically, Section 1113 provides a heightened standard for allowing the rejection of collective bargaining agreements by the debtor company. Under that statute, a bankruptcy court can approve the rejection of a collective bargaining agreement only if the company can prove that such rejection is necessary for reorganization.” Jnl. of Bankr. L. 2008.01-2
    11 U.S.C.A. § 1113 (West) has well over 200 notes of decision, nearly 5,000 citing references, and nearly 300 context & analysis references. For details on 1113,  try this simple,  narrow search in secondary sources:

    PURPOS! INTEN! /5 1113

    We get 76 articles in Bankruptcy Secondary Sources. I just browse the first few results to see how the terms are coming up. I click into the following article:

    Babette A. Ceccotti, Lost in Transformation: The Disappearance of Labor Policies in Applying Section 1113 of the Bankruptcy Code, 15 Am. Bankr. Inst. L. Rev. 415 (2007) There, when I click to where my terms are appearing, I find a nice history of the codification of Section 1113.

    “Enacted in 1984 as part of the Bankruptcy Amendments and Federal Judgeships Act, section 1113 was intended to overturn the Supreme Court's decision in NLRB v. Bildisco with respect to the treatment of collective bargaining agreements in bankruptcy. In Bildisco, the Court confirmed that collective bargaining agreements could be rejected under bankruptcy law. In addition, the Supreme Court settled a dispute among the lower courts regarding the standard to be applied to rejection of collective bargaining agreements. The decision also addressed the consequences of unilateral modification by a debtor in the absence of court-approved rejection.” Babette A. Ceccotti, Lost in Transformation: The Disappearance of Labor Policies in 15 Am. Bankr. Inst. L. Rev., 420
    So it appears that the rule was created to address concerns over how the court was handling collective bargaining agreements in bankruptcy cases. We’ve seen from our secondary source searches, that there is a fair amount out there discussing labor issues in bankruptcy. So next time you are lamenting the loss of Twinkies from the office vending machine, just distract yourself with a little bankruptcy research on Westlaw.]]>
    6657 2012-11-20 10:34:54 2012-11-20 16:34:54 open open hostess-bankruptcy-update publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24334 treasonous@gmail.com http:// 125.212.123.25 2013-01-09 12:11:49 2013-01-09 18:11:49 0 0 0 24333 http://twitter.com/westlawrefatty/status/271280294005469185 2012-11-21 15:53:56 2012-11-21 21:53:56 #Twinkie Blog Update: http://t.co/SPD0rhca #Hostess]]> 1 trackback 0 0
    Managing your inbox: A matter for the FBI? http://westreferenceatt.3fivelab.com/2012/11/managing-your-inbox-a-matter-for-the-fbi/ Wed, 28 Nov 2012 19:45:05 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6663 ACLU article on the matter notes:
    Ironically enough, by storing emails in a draft folder, rather than an inbox, individuals may be making it even easier for the government to intercept their communications. This is because the Department of Justice has argued that emails in the “draft” or “sent mail” folder are not in “electronic storage” (as defined by the Stored Communications Act), and thus not deserving of warrant protection. Instead, the government has argued it should be able to get such messages with a mere subpoena.
    Finding documents where the Justice Department specifically argues that draft email is not electronic storage was difficult at first.  But,  the following search delivers interesting results especially from trial court documents:

    TI,PR(united-states) and stored-communications-act and draft folder /s isp "internet service provider" server google gmail yahoo

    See especially, this 2007 government memo opposing a defendant's motion to suppress evidence:
    Undelivered e-mail stored on a service provider's servers falls within the scope of “electronic storage,” but delivered e-mail, draft e-mail, and copies of sent e-mail do not. See Fraser v. Nationwide Mut. Ins. Co., 135 F. Supp. 2d 623, 636 (E.D. Pa. 2001), aff'd in part on other grounds, 352 F.3d 107, 114 (3d Cir. 2004). But see Theofel v. Farey-Jones, 359 F.3d 1066, 1077 (9th Cir.), cert denied, 543 U.S. 813 (2004) (holding that previously accessed e-mail remained in “electronic storage”).
    UNITED STATES OF AMERICA, Plaintiff, v. Darren A. FERGUSON, Defendant., 2007 WL 4994374 (D.D.C.)
    The government's understated (but certainly professional) 'but see' annotation maybe belies their heart-felt opinion of the Theofel decision as evidenced by the Department of Justice Manual:
    Unfortunately, as a result of the Ninth Circuit's decision in Theofel v. Farey-Jones, 359 F.3d 1066 (9th Cir. 2004), there is now a split between two interpretations of “electronic storage”--a traditional narrow interpretation and an expansive interpretation supplied by the Ninth Circuit...As traditionally understood, “electronic storage” refers only to temporary storage made in the course of transmission by a service provider and to backups of such intermediate communications made by the service provider to ensure system integrity. It does not include post-transmission storage of communications. ...Essentially, the Ninth Circuit's reasoning in Theofel confuses “backup protection” with ordinary storage of a file.
    § 9-7.100 SEARCHING AND SEIZING COMPUTERS AND OBTAINING ELECTRONIC EVIDENCE IN CRIMINAL INVESTIGATIONS, DOJML COMMENT 9-7.100
    Emphasis in the quote above is ours but  Theofel "continues to receive substantial judicial and academic criticism" according to a Georgetown Law Journal article which does an excellent job outlining the Stored Communications Act as it applies to webmail. See William Jeremy Robison, Free at What Cost?: Cloud Computing Privacy Under the Stored Communications Act, 98 Geo. L.J. 1195 at 1211. ADDITIONAL RESEARCH REFERENCES - 180 Days We also performed a quick search in All Federal materials on WestlawNext regarding the Stored Communication Act's 180 day rule:

    e-mail /250 warrant! /250 180-day

    It's a broad search, but it didn't return as many cases as we expected. U.S. v. Hart, 2009 WL 2552347, provides a nice synopsis for a starting point in analyzing the relevant law, the Stored Communications Act:
    The Stored Communications Act prohibits unauthorized access to certain electronic communications and records, see 18 U.S.C. 2701, and places restrictions on a service provider's disclosure of its customers' communications and records, 18 U.S.C. § 2702. See Warshack v. United States, 532 F.3d 521, 523 (6th Cir.2008) (en banc). Pursuant to the Stored Communications Act, the police may—using only an administrative subpoena and without providing any notice to the customer—obtain from a internet service provider such as Yahoo! certain records (as opposed to sent or received communications) associated with a particular account. See 18 U.S .C. § 2703(c). Specifically, the police may obtain a customer's name, address, and telephone connection records; the length and type of the customer's service; the customer's telephone or instrument number or other subscriber number or identity (including any temporarily assigned network address); and the customer's means and source of payment (including any credit card or bank account number). See 18 U.S.C. § 2703(c)(2). The Act does not require the police to notify the customer that they have requested this type of information. See § 2703(c)(2) and (3).
    If the police wish to obtain more than account record information, such as a customer's electronic communications (e.g., his content-laden email communications, text messages, chat logs) the Act imposes additional requirements. To obtain disclosure of any such electronic communications less than 180 days old, the police must obtain a federal or state warrant and, if they satisfy the warrant requirements, are not required to notify the customer. See 18 U.S.C. §§ 2703(a) and 2705 (limiting its terms to disclosures obtained by means other than a warrant). Communications over 180 days old may also be obtained without any notice to the customer, but also only means of a warrant. See id. at § 2703(b)(A).
     If the police cannot obtain a warrant, or for whatever reason do not wish to obtain one, they still may obtain communications over 180 days old by means of a subpoena or by ex parte court order. See 18 U.S.C. § 2703(b). If the police choose to forego the warrant route, however, the Act requires them to notify the customer that they have requested disclosure of communications associated with his account. See id. at § 2703(b)(1)(B). The police are, however, permitted to delay notice to the customer, but only if the requirements of § 2705 are met.
    So there is no requirement that a warrant be obtained for communications that are more than 180-days old, but only if the customer is provided notice.  When that notice must be provided, though, is another question.
     To delay notice pursuant to § 2705, the police must establish that there is reason to believe that prompt notice would cause an “adverse result,” such as the endangerment of a person's life or physical safety, or any event that would “seriously jeopardize an investigation or delay a trial” (e.g,, the destruction of evidence or intimidation of a witness). See 18 U.S.C. § 2705(a)(2). Even if the police can establish that an “adverse result” would occur if notice were not delayed, they cannot unilaterally choose to delay notice, however, but must obtain permission for the delay either by court order, or, if they choose to use an administrative subpoena, by obtaining a written certification of a supervisory official. See 18 U.S.C. § 2705(a)(1).
    U.S. v. Warshak, 631 F.3d 266, also provides a pretty thorough analysis of the relevant law.
    For more on the Stored Communications Act, I ran a plain language search on WestlawNext, again in All Federal materials.
    Stored Communications Act
    In particular, the secondary sources were interesting, highlighting issues ranging from proposed amendments to the legislation, to employee e-mail privacy, to discovery under the Act of information stored on foreign servers.  My personal favorite article title?
    "Unfriending the Stored Communications Act: How Technological Advancement and Legislative Inaction Have Rendered Its Protections Obsolete," 22 DePaul J. Art, Tech. & Intell. Prop. L. 75
    ]]>
    6663 2012-11-28 13:45:05 2012-11-28 19:45:05 open open managing-your-inbox-a-matter-for-the-fbi publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24335 http://twitter.com/westlawrefatty/status/274281333486911488 2012-11-29 22:39:00 2012-11-30 04:39:00 Managing your inbox: A matter for the FBI? read the blog http://t.co/l82O8CYM]]> 1 trackback 0 0
    Orphan Works Newly Addressed http://westreferenceatt.3fivelab.com/2012/11/orphan-works-newly-addressed/ Wed, 28 Nov 2012 16:55:42 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6704  “The Office has long shared the concern with many in the copyright community that the uncertainty surrounding the ownership status of orphan works does not serve the objectives of the copyright system. For good faith users, orphan works are a frustration, a liability risk, and a major cause of gridlock in the digital marketplace.”  77 FR 64555-01.   “Orphan works” are original works whose authorship is not readily identifiable to a good faith prospective user.  Under current law, a user of an unidentified work may be liable for substantial damages, attorney fees and/or injunctive relief under 17 USC Chapter 5. This is a second round of public comment on this issue.  In 2006, the Copyright Office created a Report on Orphan Works (pdf) following a similar notice of inquiry issued in 2005 (see 70 FR 3739-01).  The new notice cites recent developments including international legislation, the 2008 US bill,  and Judge Chin's rejection of the proposed Google settlement.  The Google Books case brought wide attention to orphan works as Google faced a class-action lawsuit after it endeavored to digitize millions of out-of-print works.  See The Authors Guild et. al. v. Google, Inc.,  1:05CV08136  (S.D.N.Y., 2005), original complaint found at 2005 WL 2463899.     ADDITIONAL RESEARCH REFERENCES 2008 Legislation

    For the 2008 draft legislation, try searching for "Orphan Work" in the CONG-BILLTXT110 on Westlaw Classic. There are 5 results.

    History of the Phrase

    The most cited source of the orphan works problem is extension of the copyright term over the last 30 years.  For a detailed look at these developments, see Chapter 7 of Patry on Copyright.  So, how long has the phrase been used? I ran the following search across all jurisdictions and content on WestlawNext:

     copyright! & orphan /3 work book

    It produces only 6 cases dating back to 2004, but over 500 secondary sources dating back to 1999 (it has not been addressed yet, however, in Black’s Law Dictionary).  The earliest reference I find is a June 1993 report by the Library of Congress, which mentions “orphan films” in the context of film preservation efforts.

    Alerts

    I’ll be tracking orphan works legislative and regulatory developments in WestClip with the following search:

     Database: CONG-BILLTXT, FR

     Query: “orphan works”

    Copyright Reports

    Full text searching of the Copyright Office reports is available in the FIP-CPYRTS database on Westlaw Classic.  There are 28 results for the search, "orphan work."  For the US Copyright Office’s 2006 “Report on Orphan Works”, run the following search:

     "report on orphan works" & da(1/2006)

    Comments

    Comments can be found on the Copyright Office website under the heading, Orphan Works. A 2006 Berkeley Technology Law Journal Article does a great job summarizing comments from the last inquiry.  It also highlights a Carnegie Mellon study which was conducted to "determine the feasibility of acquiring copyright permission to digitize their collection."

    This study illustrates the orphan works problem libraries and archives face.10 Of the initial sample, 11% of the books (consisting of only copyrighted books) were taken out of the study as too complicated to even pursue because of third-party copyright ownership.11 On average, the researchers could not find 22% of the publishers of the remaining books in the sample.12 In general, the older the book was, the more difficult it was to find the copyright owner, and the more likely that the book was out of print and neither generating revenues nor aiding scholars.13 In the study, 36% of the publishers successfully located did not respond to multiple letters of inquiry.14 Approximately 79% of the books printed by these publishers were books that were already out of print.15 Even when the publishers responded, some were uncertain about what types of rights they had, and some did not even have records of having published the book.16 Olive Huang, U.S. Copyright Office Orphan Works Inquiry: Finding Homes for the Orphans (2006) 21 Berkeley Tech. L.J. 265, 267-68
     ]]>
    6704 2012-11-28 10:55:42 2012-11-28 16:55:42 open open orphan-works-newly-addressed publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24338 VollandGenereux6898@gmail.com http://www.ripoffreport.com/directory/flemings-ultimate-garage.aspx 94.23.157.197 2013-01-14 13:23:30 2013-01-14 19:23:30 0 0 0 24336 http://twitter.com/westlawrefatty/status/274609496272302080 2012-11-30 20:23:00 2012-12-01 02:23:00 Orphan Works Newly Addressed - read the blog http://t.co/M2N0cjk8]]> 1 trackback 0 0 24337 CriscuoloSada927@gmail.com http://www.extremedating101.com/ 67.106.134.4 2012-12-16 07:57:00 2012-12-16 13:57:00 0 0 0
    The Thirteenth Amendment: Lincoln’s Moral Masterpiece http://westreferenceatt.3fivelab.com/2012/12/the-thirteenth-amendment-lincolns-moral-masterpiece/ Tue, 18 Dec 2012 14:13:14 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6717 U.S.C.A. Const. Amend. XIII. In November, Walt Disney released the biopic “Lincoln.” With venerated actor Daniel Day-Lewis playing the role of Abraham Lincoln, the movie focuses on the final months of the 16th President’s life. As one with a sense of history might recall, these were extremely tumultuous times for the United States of America. Still enduring the brutality of civil war, Lincoln made a decision that would forever change our country and its citizenry: He mustered up every ounce of strength, will, and political savvy he could in order to pass the 13th amendment, abolishing slavery prior to ending the war. After issuing the Emancipation Proclamation  and declaring in the Gettysburg Address, “Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal,” Lincoln endeavored to cure the nation of the immoral affliction represented by slavery. Since the Senate passed the amendment in April 1864, he took his fight to the House of Representatives in our nation’s capital. Because the Emancipation Proclamation was widely viewed as merely a military exigent, passing the 13th Amendment in both congressional chambers was pivotal. After substantial cajoling, pressuring and dealing, Lincoln gained a sufficient number of votes in the House to pass the amendment in January 1865. Unfortunately, he did not live to see it ratified. It is said that morality cannot be legislated. Abraham Lincoln turned that idea on its head. Through his efforts the moral conscience of the United States was recognized, preserved and established as an example that other nations can only hope to follow. As Lincoln so eloquently proclaimed: “Our defense is in the preservation of the spirit which prizes liberty as a heritage of all men, in all lands, everywhere. Destroy this spirit and you have planted the seeds of despotism around your own doors.” RESEARCH REFERENCES Lincoln's Statements:

    Text of the Emancipation Proclamation found on Westlaw in a Loyola University Law Review article: 23 Loy. U. Chi. L.J. 631.

    Text of the Gettysburg Address is  also found in a law review article here: 67 N.Y.U. L. Rev. 961, footnote 21.

    DOMA and Morality

    The issue of whether a body might properly legislate morality has most recently been a subject of the debate surrounding the Defense of Marriage Act (DOMA).  See especially the discussion at Massachusetts v. U.S. Dept. of Health & Human Services, 682 F.3d 1 (1st Cir. 2012)

    For generations, moral disapproval has been taken as an adequate basis for legislation, although usually in choices made by state legislators to whom general police power is entrusted. But, speaking directly of same-sex preferences, Lawrence ruled that moral disapproval alone cannot justify legislation discriminating on this basis.Massachusetts v. U.S. Dept. of Health & Human Services, 682 F.3d 1, 15 (1st Cir. 2012)

    And, try this search in the Blogs on Demand database:

    congress legislat! /s moral morality

    For more on the argument that ratification of the 13th amendment was based on moral considerations, see  Alexander Tsesis, Furthering American Freedom: Civil Rights and the Thirteenth Amendment, 45 B.C. L. Rev. 307, 370 (2004).

      For additional materials on this issue, try the following searches on WestlawNext:

    "civil rights" /200 "13th amendment" /s enforc! /s congress! Content: U.S. Supreme Court Cases Jurisdiction: U.S. Supreme Court

    ti(enforc! /s congress! /s "13th amendment") Content: Secondary Sources Jurisdiction: All State & Federal

     ]]>
    6717 2012-12-18 08:13:14 2012-12-18 14:13:14 open open the-thirteenth-amendment-lincolns-moral-masterpiece publish 0 0 post 0 topsy_short_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url _topsy_long_url 24339 http://twitter.com/burgerlibrary/status/281190992600788992 2012-12-19 00:15:31 2012-12-19 06:15:31 The Thirteenth Amendment: Lincoln’s Moral Masterpiece - West Reference Atty Blog http://t.co/GEG5PZyc]]> 1 trackback 0 0
    Sandy damages evidence in NY http://westreferenceatt.3fivelab.com/2012/12/sandy-damages-evidence-in-ny/ Fri, 14 Dec 2012 00:55:52 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6730 thousands of pieces of New York police evidence were damaged by floodwaters.  What will this mean for prosecutors and defendants? I was curious as to whether damage or destruction of evidence had ever been treated as triggering the prosecutor’s duty to disclose exculpatory evidence under Brady v. Maryland, 373 U.S. 83, so I tried the following search in New York State & Federal Cases:

    prosecut! exculpatory brady /s duty obligat! responsib! /5 disclos! /p evidence /5 lost damaged contaminated destroyed destruction

    This yielded some helpful results.  In U.S. v. Bielli, 697 F.Supp.2d 403, the court distinguishes between the government’s duty to disclose exculpatory evidence and situations where evidence is lost or destroyed.  Loss or destruction of evidence may amount to a violation of due process, but only where the defendant shows that (1) the government acted in bad faith in losing the evidence; (2) the evidence had exculpatory value that was apparent before it was lost; and (3) the defendant is unable to obtain comparable evidence by other reasonably available means. Failure to preserve evidence may result in sanctions against the prosecution.  People v. Roy, 195 A.D.2d 761, lays out the standard: “when discoverable evidence in possession of the prosecution is lost, destroyed or otherwise unavailable to a defendant, that unless the People sustain a heavy burden of establishing that diligent, good-faith efforts were made to prevent such loss, sanctions should be imposed.”  However, sanctions may be less extreme than dismissal of the case.  The court goes on to say that “[the] specific sanction to be imposed lies wholly within the discretion of the trial court…, whose focus should primarily be on the overriding need to eliminate prejudice to the defendant.”  In Roy, this meant that the trial court’s adverse jury instruction was sufficient. I used the following plain-language search to pull up some additional results:

    evidence destroyed while prosecution pending

    Similar to the Roy case, dismissal was not required in People v. Wagstaff, 107 A.D.2d 877, where “vegetative matter” was destroyed prior to indictment in a case for criminal possession of marijuana.  Although the court found that the state failed to offer “any serious explanation as to why they should not be held accountable for the loss” of the evidence, the court recognized that “the drastic remedy of dismissal should not be invoked where less severe measures can rectify the harm done by the loss of evidence.”  In this case, there was an inculpatory statement by a defendant, which if corroborated could form the basis for a conviction. Roy and Wagstaff were both cases where the prosecution dropped the ball in failing to prevent the destruction of evidence.  In the present situation in New York, police took measures to try to prevent the damage to the stored evidence, by elevating storage containers off the ground and stacking sandbags around the facilities.  Far from destroying evidence in bad faith, they were attempting to preserve it.  While the damaged evidence may cause some headaches for police, prosecutors, and courts, ultimately it seems unlikely that this will result in any wholesale dismissal of indictments or suppression of evidence.]]>
    6730 2012-12-13 18:55:52 2012-12-14 00:55:52 open open sandy-damages-evidence-in-ny publish 0 0 post 0 _topsy_long_url topsy_short_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url 24340 http://twitter.com/westlawrefatty/status/281409805158072320 2012-12-19 14:45:00 2012-12-19 20:45:00 Sandy damages evidence in NY - read the blog - http://t.co/7UIdTlPw]]> 1 trackback 0 0
    WestlawNext: Cure for the lottery loser's blues. http://westreferenceatt.3fivelab.com/2012/12/westlawnext-cure-for-the-lottery-losers-blues/ Wed, 12 Dec 2012 21:37:34 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6736 The group's lawsuit says Wilson did buy a winning ticket as part of a lottery pool the co-workers were in and that she and her lawyer, Edward Smith Jr., orchestrated an elaborate ruse to recruit the educators and trick the Maryland Lottery into believing they had won rather than Wilson. Baltimore Sun article on Westlaw at 2012 WLNR 21006112 And, also in the news,  is the recent commencement of a trial of a woman charged with killing a former lottery winner (Abraham Shakespeare) in Florida. It is alleged that the woman (Dorice “Dee Dee” Moore”) “befriended Shakespeare, swindled him out of his money and then killed him. His body was found under a concrete slab behind a home detectives say was owned by Moore’s ex-boyfriend…” 11/27/12 AP Alert - FL 08:02:02 So what kind of results do we get in WestlawNext for this issue? I ran a plain language search in all state and federal materials:

    LOTTERY POWERBALL WINNING WINNER WIN

    In our Overview screen, I see the following results: Cases:

    Welford v. Nobrega, 586 N.E.2d 970 (Mass. 1992) – Former wife of lottery winner brought action to modify judgment of divorce. Former wife argued that her ex-husband was the sole owner of the ticket, despite a claim by an acquaintance that half of the proceeds belonged to her, as she helped purchase the winning ticket. Court held that purchaser of the ticket and acquaintance were joint owners of the proceeds.

    Dickerson v. Deno, 770 So. 2d 63 (Ala. 2000) – An oral agreement to share proceeds from an individually owned lottery ticket constituted a contract founded on gambling consideration, and thus, was void.

    Statutes:

    Me. Rev. Stat. tit. 19-A, § 2360 – Maine statute requiring state agency responsible for paying lottery winnings to determine whether lottery winner owes a child support debt, and if so, the agency must suspend payments and notify the winner of its intention to offset the child support debt against the winnings.

    Regulations:

    61 Pa. Code § 871.13 - Procedures for claiming and payment of Powerball prizes.

    Administrative Decisions & Guidance:

    CONNECTICUT INCOME TAX TREATMENT OF STATE LOTTERY WINNINGS RECEIVED BY RESIDENTS AND NONRESIDENTS OF CONNECTICUT, IP 2011(28), 2012 WL 121164 (Jan. 4, 2012) – State of Connecticut Dept of Revenue Services Informational Publication

    Trial Court Orders:

    MIDLAND STATES LIFE INSURANCE CO, v. MASSACHUSETTS STATE LOTTERY COMMISSION., 2001 WL 35904794 – Lottery winner attempted to use annual lottery prize payments as security interest for loan. When he defaulted, the creditor attempted to auction off the security interest, and plaintiff won. Unfortunately, when plaintiff attempted to request that the payments be sent to them, the Lottery Commission refused, as state statute prohibited assignment of lottery winnings. The court dismissed plaintiffs claim, agreeing that the winnings could not be transferred, and that the original security interest contracts were void.

    Secondary Sources:

    18 No. 5 Andrews Ent. Indus. Litig. Rep. 2 - COURT ORDERS MISSOURI TO PAY OLD POWERBALL TICKET – Article discussing a case where the court decided that the 180-day deadline for redeeming winning lottery tickets was illegal.

    Trial Court Documents:

    Joyce A. CAESAR, Pro Se, Plaintiff, v. Megamillion Biggame LOTTERY, 2005 WL 3522139 (D.N.J.) – Plaintiff’s elaborate complaint against Lottery officials, government officials, and their friends and family alleging a convoluted scheme to steal her claimed lottery winnings. If you click on the link to the affiliated docket, you’ll see it was dismissed as frivolous. But the complaint is an entertaining read regardless.

    As we’ve seen, Westlaw provides plenty of balm for the sore lottery loser. Maybe its best we didn’t win big, as we’d end up giving a significant portion of our winnings to our legal counsel anyway.]]>
    6736 2012-12-12 15:37:34 2012-12-12 21:37:34 open open westlawnext-cure-for-the-lottery-losers-blues publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24345 http://twitter.com/katherinemcgov/status/279468153443065856 2012-12-14 06:09:34 2012-12-14 12:09:34 WestlawNext: Cure for the lottery loser’s blues. - http://t.co/d6G1VYaT]]> 1 trackback 0 0 24346 http://twitter.com/westlawrefatty/status/280681758217875456 2012-12-17 14:32:00 2012-12-17 20:32:00 Didn't win the lottery? Read the blog - http://t.co/9pzPmRhl]]> 1 trackback 0 0 24347 Rosell69@mail.com http://bid-ninja.com/software-features/bid-ninja-demonstration-videos-screenshots/ 176.31.7.192 2013-04-09 22:57:10 2013-04-10 03:57:10 0 0 0 24343 http://twitter.com/westlaw/status/279298493405859840 2012-12-13 18:55:24 2012-12-14 00:55:24 WestlawNext: Cure for the lottery loser’s blues. - http://t.co/d6G1VYaT]]> 1 trackback 0 0 24344 http://twitter.com/westlawsmalllaw/status/279309917402312704 2012-12-13 19:40:48 2012-12-14 01:40:48 RT @westlaw: WestlawNext: Cure for the lottery loser’s blues. - http://t.co/q5FkyuCx]]> 1 trackback 0 0 24342 http://twitter.com/gvrun4fun/status/279267650046156800 2012-12-13 16:52:50 2012-12-13 22:52:50 I think I am really glad I have not won the lottery...... http://t.co/Qc1DrRYy]]> 1 trackback 0 0 24341 http://twitter.com/thomsonreuters/status/279253900765315072 2012-12-13 15:58:12 2012-12-13 21:58:12 WestlawNext's cure for the lottery loser's blues - http://t.co/6xK3MgTQ]]> 1 trackback 0 0
    Detention for Teachers http://westreferenceatt.3fivelab.com/2012/12/detention-for-teachers/ Wed, 12 Dec 2012 22:10:34 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6741

    DT(INDICTMENT) & mumford

    The indictment includes 49 counts including mail, wire and Social Security fraud according to the New York Times article (on Westlaw at 2012 WLNR 25180681.) Students are usually the ones who are admonished for cheating, and the punishment for such infractions are mostly handled by the school.  But as Mr. Mumford’s case demonstrates, teachers can cheat too, and the consequences often amount to more than a detention or out-of-school suspension if they are discovered. The following search in WestlawNext reveals a number of instances where teachers were terminated for either cheating themselves or helping others cheat:

    teacher educator instructor /p cheat! /p test testing educat! school exam examination

    Some interesting cases from this search include:

    United States v. Redzic, 1:07 CR 110 (E.D. MO): Instructors at a truck driving school in St. Louis, MO were issuing Commercial Driver's Licenses to unqualified students.  The instructors not only provided the students with answers to exams, but they also offered to take the test for the students for $50. The indictment contains similar counts for fraud and consipiracy.  See 2007 WL 6840147.

    Rivera v. Cmty. Sch. Dist. Nine, 00 CIV. 8208 (S.D.N.Y.):  Teacher brought section 1983 action against school district after she was terminated for helping students cheat on standardized tests.  The court granted the Board of Education’s motion to dismiss. See 145 F.Supp.2d 302.

    A look through the secondary sources in this search examines some of the reasons why teachers cheat.  For example, some of the articles explain that teachers feel pressured to reach certain goals after the implementation of the No Child Left Behind Act.  You can read more about this in the following articles:

    Richard C. Herrera, Policing State Testing Under No Child Left Behind: Encouraging Students with Disabilities to Blow the Whistle on Unscrupulous Educators, 80 S. Cal. L. Rev. 1433 (2007:

    What is driving educators to cheat? The answer: federal legislation known by four words that are striking fear into educators throughout the nation--“No Child Left Behind.”

    See also, Allison S. Owen, Leaving Behind A Good Idea: How No Child Left Behind Fails to Incorporate the Individualized Spirit of the Idea, 78 Geo. Wash. L. Rev. 405 (2010)

     ]]>
    6741 2012-12-12 16:10:34 2012-12-12 22:10:34 open open detention-for-teachers publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _topsy_cache_timestamp _topsy_long_url topsy_short_url 24349 http://twitter.com/westlawrefatty/status/281044397552959488 2012-12-18 14:33:00 2012-12-18 20:33:00 Detention for teachers? Read the blog - http://t.co/3PWKQzai]]> 1 trackback 0 0 24348 http://cikucutyfy.wordpress.com/2012/12/13/detention-for-teachers-west-reference-attorneys/ 216.151.210.46 2012-12-12 23:22:07 2012-12-13 05:22:07 0 pingback 0 0
    Child Care Provider Unionization http://westreferenceatt.3fivelab.com/2012/12/child-care-provider-unionization/ Mon, 24 Dec 2012 14:41:26 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6758 to decide whether they wanted to be represented by a union. Two unions support the effort: the American Federation of State, County and Municipal Employees (AFSCME), and the Service Employees International Union (SEIU). The effort was challenged by Republican legislators and others, who argue that unionizing in-home child care providers will result in increased child care costs for families, as providers will raise prices to cover union dues.  Several licensed child care providers filed a lawsuit in January of this year and a judge enjoined Dayton’s order in April, indicating that such action was beyond the governor’s authority 2012 WL 1150257. It is unclear at this time whether Dayton will request that the Legislature to address the issue.  Democrats won the majority in both the House and Senate in the November election so, there may be a more amenable environment for such a measure next year. News articles have made references to other states that have unionized child care providers. I ran a plain language search in WestlawNext Secondary Sources to see if I could find more general information about this sort of action:

    UNIONIZING CHILD CARE PROVIDERS

    The first article is about the Governor of Maryland signing a union contract for in-home child care providers. 20 No. 2 Md. Emp. L. Letter 6Governor Signs First Union Contract Covering State’s Home-Based Child-Care Providers (2009). The article also mentions that the SEIU was behind the contract negotiation. The second article, 22 No. 2 Tenn. Emp. L. Letter 3, mentions the unionization of in home child care providers in Michigan, formed with AFSCME support. Other top results included:

    David L. Gregory, Labor Organizing by Executive Order: Governor Spitzer and the Unionization of Home-Based Child Day-Care Providers, 35 Fordham Urb. L.J. 277 (2008). (Article discusses a 2007 Executive Order signed by Eliot Spitzer calling for the unionization of child care providers who receives state subsidies.  The article also discusses similar efforts in California, Pennsylvania, Illinois, Oregon, Iowa, New Jersey, and Wisconsin.)

    Peggie R. Smith, Laboring for Child Care: A Consideration of New Approaches to Represent Low-Income Service Workers, 8 U. Pa. J. Lab. & Emp. L. 583 (2006)

    Peggie R. Smith, Welfare, Child Care, and the People Who Care: Union Representation of Family Child Care Providers, 55 U. Kan. L. Rev. 321 (2007)

    Peggie R. Smith, The Publicization of Home-Based Care Work in State Labor Law, 92 Minn. L. Rev. 1390 (2008)

    Peggie R. Smith, Caring for Paid Caregivers: Linking Quality Child Care with Improved Working Conditions, 73 U. Cin. L. Rev. 399 (2004)

      Proposed & Enacted Legislation The same search delivers interesting legislation as well:

    2011 KS H.B. 2222 (NS), 2011 Kansas House Bill No. 2222, Kansas Eighty-Fourth Legislature 2011 Regular Session – Proposed amendment to prohibit employees of state child care centers and in-home workers providing attendant care services under home and community based services programs from unionizing.

    2008 NJ A.B. 4262 (NS), 2008 New Jersey Assembly Bill No. 4262, New Jersey Two Hundred Thirteenth Legislature - Second Annual Session (FULL TEXT - NETSCAN) – Proposal to authorize negotiations with a bargaining representative of family child care providers.

    2011 VT H.B. 97 (NS), 2011 Vermont House Bill No. 97, Vermont 2011-2012 Legislative Session – Proposed legislation that allows unionization of child care providers for collective bargaining purposes.

    2012 CT H.B. 5312 (NS), 2012 Connecticut House Bill No. 5312, Connecticut General Assembly - February Session, 2012 – Proposed legislation titled: An Act Creating a Process for Family Child Care Providers and Personal Care Attendants to Collectively Bargain with the State.

        The unionization of child care providers is an issue that is being discussed in a variety of jurisdictions. As for the efforts here in Minnesota, we will have to wait and see whether any proposals appear in the newly formed Legislature. Want to keep tabs?  Set up a Westclip in the MN-LEGIS database:

     CHILD-CARE /250 (UNION!) (COLLECTIV! /2 BARGAIN!)

    If you need help setting up a WestClip, check out the free WestClip user guide or call a Reference Attorney.  ]]>
    6758 2012-12-24 08:41:26 2012-12-24 14:41:26 open open child-care-provider-unionization publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url
    Naming Names: The Media and Criminal Suspects http://westreferenceatt.3fivelab.com/2013/01/naming-names-the-media-and-criminal-suspects/ Thu, 03 Jan 2013 19:51:24 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6760 killed a few weeks ago when he responded to a call to assist a reportedly suicidal man . Authorities describe the killing as an “ambush.”  The allegedly suicidal man, Ryan Larson, was taken into custody and determined to be a suspect. Except in the subsequent days, the police were unable to gather enough evidence to keep Larson incarcerated, or to charge him with the crime, and he was released. Minnesota Public Radio’s Bob Collins blogged about the naming of suspects in the media, noting media policies regarding the release of suspect names prior to the filing of charges. Collins mentions in his blog post that media will typically not name suspects until charges are filed. But in the Cold Spring case, media organizations seemed to waive this policy when authorities named Larson right away. Larson continues to be designated a suspect in the media. The issue of naming suspects in the media gained a national spotlight two weeks ago when several media organizations mistakenly reported that Ryan Lanza was the perpetrator of the Connecticut school shooting, when in fact, it was Ryan’s brother Adam who was later determined to be the killer. See  12/15/12 AP Online Reg. - US 04:22:08 (Westlaw Citation to AP article).  Ryan Lanza’s Facebook account, and the Twitter account of another, unrelated individual of the same name became targets for the media and the public at large. Both individuals pleaded innocence after receiving questions and threats on their respective accounts. See the UK Telegraph article at 2012 WLNR 27131915. So what are the repercussions of being identified as a criminal suspect in the media? One can imagine that such accusations, even if later determined to be in error, can cause no small amount of damage. To start, I ran a very general search in WestlawNext on media, crime, and the naming of suspects.

    MEDIA COVERAGE OF CRIME & NAMING SUSPECTS

    A quick glance at secondary sources shows me that we’re getting articles about pre-trial publicity and changing venue. This isn't really what I was looking for, so I change my search up a bit:

    MEDIA NAMING SUSPECTS PRIOR TO CHARGES

    This is a narrower search. I jump directly into secondary sources again to see what this might be pulling up. I notice one of my first articles is this:

    Sadiq Reza, "Privacy and the Criminal Arrestee or Suspect: In Search of A Right, in Need of A Rule," 64 Md. L. Rev. 755 (2005)

    This article seems to be getting closer to the issues we’re interested in:
    Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded or unprovable.
    This article goes on to argue that criminal suspects should have some element of protection in the form of privacy rights, including a requirement that law enforcement be required to “withhold the identities of arrestees and suspects until a judge or a grand jury has found probable cause of guilt, unless an arrestee or suspect requests otherwise.” The article mentions how criminal accusations might tarnish a reputation. I reformulated my search using the term, “reputation."

    MEDIA CRIMINAL ACCUSATIONS NAMING SUSPECTS REPUTATION

    My first case is about a suspect in a murder investigation suing law enforcement and local media for defamation:  Stokes v. CBS Inc., 25 F. Supp. 2d 992 (D. Minn. 1998).

    The court in Stokes denied the defendant’s motion for summary judgment, holding that a deputy’s statements regarding his personal belief that the suspect had committed the crime, were “capable of defamatory meaning as broadcast,” and that there were genuine issues of material fact existing in regards to whether statements could be proven false, whether the suspect incurred actual harm, and whether defendants acted with actual malice. The Court also held that the deputy was not entitled to immunity, and neither he, nor the media, were entitled to qualified privilege. Other cases that appeared in my initial case results:

    Matter of Death of Manners, 542 N.Y.S.2d 485 (1989)– Uncharged suspect's privacy interest outweighed media’s interest in disclosure of proceedings to compel suspect to provide a blood sample.

    Bryant v. Cox Enterprises, Inc., 311 Ga. App. 230 (2011), – This is the Richard Jewell libel decision. Jewell was a security guard who was named as suspect in Atlanta Olympic Games bombing. He was later exonerated and Eric Rudolph admitted responsibility for the bombing, but Jewell suffered no small amount of negative media attention. Jewell sued a newspaper and its reporters for libel. The court rejected his claims, holding that the newspaper articles were “substantially true” at the time of publication, and thus were not defamatory. The court also held that a newspaper column that compared Jewell to a local convicted child serial killer was not defamatory.

    When I checked out the Secondary Source results for this query, I see some general libel and defamation articles, but the results also include the following:

    Richard J. Peltz, "Fifteen Minutes of Infamy: Privileged Reporting and the Problem of Perpetual Reputational Harm," 34 Ohio N.U. L. Rev. 717 (2008)

    Dean R. Dietrich, "Talking to the News Media About Criminal Legal Matters," 83-APR Wis. Law. 22 (2010)

    R. Taylor Matthews III, "The Duke Lacrosse Rape Case-A Public Branding, Is There A Remedy?," 52 St. Louis U. L.J. 669 (2008)

    Peter B Kutner, "What Is Truth?: True Suspects and False Defamation," 19 Fordham Intell. Prop. Media & Ent. L.J. 1 (2008)

    The tragedy of these types of events is so profound, and the desire for immediate, up-to-the-minute information unfortunately can lead to mistakes in media reports. But such mistakes can cause even further distress in the lives of those who might be falsely accused, or misidentified in the investigative process. We've seen articles, and cases here that address these issues. These issues are definitely deserving of attention and thought. I’m certain that they will continue to be explored in the future, as social media and online news reporting continues to expand, becoming an integral source of up-to-date information and news in our society.   [Update: Late last week police in the Cold Spring case made some significant announcements. First, it has been reported that investigators recovered the gun used in the killing. Second, the individual connected to the gun, Eric Thomes, committed suicide. Reports indicate that Thomes had been questioned several times, and agents found inconsistencies in his answers, and that he committed suicide as agents approached his property. The St. Cloud Times timeline is here - 2013 WLNR 333130. The weapon was found in a later search on  separate property that Thomes allegedly had access to. Investigators and police maintain that despite these new discoveries, they have NOT excluded anyone as a suspect in the case.  Bob Collins, of the MPR News Cut blog, helps us read between the lines:
    But BCA superintendent Wade Setter said "We have not excluded anyone as a suspect in this case," and said it would be "premature" to suggest Thomes did it. That's got to sting Ryan Larson, who is the "anyone" Setter is referring to."
    He also notes that “almost every subsequent news story about Officer Decker's killer included a mug shot of Larson, who feared enough for his safety that he didn't return to his apartment for days.” ]]]>
    6760 2013-01-03 13:51:24 2013-01-03 19:51:24 open open naming-names-the-media-and-criminal-suspects publish 0 0 post 0 topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url _topsy_long_url 24352 gmhq2013@gmail.com http://www.videobash.com/video_show/criminal-case-hack-you-will-be-needing-this-criminal-case-hack-705749#XBjtBWrCcFBtQ4ox.01 180.190.248.56 2013-07-12 06:46:41 2013-07-12 11:46:41 0 0 0 24351 gmhq2013@gmail.com http://gamemasterhq.com/criminal-case-hack/ 180.190.210.150 2013-07-10 09:27:43 2013-07-10 14:27:43 0 0 0 24350 iowpyplynz@gmail.com http://www.042678.com/ 119.53.15.178 2013-03-21 21:05:35 2013-03-22 02:05:35 0 0 0
    This week on Westlaw Insider http://westreferenceatt.3fivelab.com/2012/12/this-week-on-westlaw-insider/ Fri, 14 Dec 2012 19:50:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6761 Today in 1964: The Supreme Court decides Heart of Atlanta Motel v. U.S.

    On December 14, 1964, the Supreme Court decided Heart of Atlanta Motel v. U.S., ruling that Congress could compel businesses to desegregate under the Commerce Clause.

       

    Hot Docs: Marijuana use alone isn’t enough to get child protection involved

    A California state appeals court, reversing the trial court, ruled that a father that smoked marijuana medicinally outside of the presence of his son should not be subject to state intervention.

       

    Valuing Business Interruption Claims in the Post-Sandy Rapidly Changing Economy

    As a result of rapidly evolving technology and an increasingly global business model, the method of valuing business interruption claims discussed in our last post may not accurately predict expected future performance.

     

    2012 in Review: The top legal stories, part 2

    Throughout the month of December, Westlaw Insider will be looking at the top 20 legal events of 2012. This week: same-sex marriage at the Supreme Court, Apple v. Samsung, and the law school turbulence.

    ]]>
    6761 2012-12-14 13:50:06 2012-12-14 19:50:06 open open this-week-on-westlaw-insider publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url
    Video Privacy Protection Act Amendments http://westreferenceatt.3fivelab.com/2012/12/video-privacy-protection-act-amendments/ Mon, 24 Dec 2012 15:26:23 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6789 Amendments to the video privacy law inspired by Robert Bork’s nomination proceedings are ready for the president's signature.

    Long before anyone clicked a "like" or "share" button, Senator Patrick Leahy noted,
    It really isn't anybody's business what books or what videos somebody gets. It doesn't make any difference if somebody is up for confirmation as a Supreme Court Justice or they are running the local grocery store. It is not your business. It is not my business. It is not anybody else's business, whether they want to watch Disney or they want to watch something of an entirely different nature. It really is not our business.
    It’s easy to understand where Senator Leahy is coming from here.  It’s just that, in 1988, did anyone anticipate the number of users who might wish to volunteer this information? Senator Leahy was speaking in support of what became the Video Privacy Protection Act (VPPA) PL 100-618 (codified at 18 USCA 2710).  Congress passed the VPPA shortly after a DC paper published Robert Bork’s video rental history during his Supreme Court nomination.  The Act now prohibits a “video tape service provider” from disclosing this kind of  “personally identifiable information." Decades later, video streaming services like Netflix fear that enabling social sharing tools on their sites might subject them to civil and criminal liability under the VPPA.  See for example, Netflix General Counsel David Hyman speaking before Congress from January of this year:
    Unfortunately, we have elected not to offer our Facebook application in the United States because of ambiguities in the Video Privacy Protection Act. Under this law, it is unclear whether consumers can give ongoing consent to allow Netflix to share the movies and TV shows they've instantly watched through our service. 2012 WLNR 2123872.
    In fact, the Northern District of California recently ruled that the application of the VPPA to online streaming is consistent with a “plain reading” of the statute.  See In re Hulu Privacy Litigation, 2012 WL 3282960. That hardly settles the issue.  For an alternative view,  see Ian Ballon's comments from his treatise at ECOMMINTLAW 26.13[10].  The Senate nevertheless recently amended the VPPA and sent the bill to the president for his signature. Nevertheless, HR 6671 would permit consumers to provide on-going consent over the Internet to the sharing of their viewing history. You may access a Westlaw version of the text and related legislative history here: 2011 CONG US HR 6671.     ADDITIONAL RESEARCH REFERENCES   Legislative History

    For references to Bork in the legislative history of the Video Privacy Protection Act of 1988, locate for BORK at PL 100-618 LH.

     Sentator Leahy's comments above can be found at the Video and Library Privacy Protection Act of 1988, Joint Hearing Before the Subcomm. on Courts, Civil Liberties, and the Administration of Justice of the House Comm. on the Judiciary and the Subcomm. on Technology and the Law of the Senate Comm. on the Judiciary (August 3, 1988)

    Confirmation Transcripts

    For transcripts of the Robert Bork’s confirmation hearings, try the following search on Westlaw Classic in the SCT-CONFIRM database:

    BORK & da(1987)

    Ian Ballon's Treatise, E-Commerce and Internet Law

    Ian Ballon's comments reference above were as follows:

    This analysis, however, ignores that the relevant term is not materials but “similar … materials” which should be construed in the context of the term that preceded it—video cassette tapes. As noted above, the example provided in the legislative history is “similar audio visual materials, such as laser discs, open-reel movies, and CDI technologies.”[FN662] The court's conclusion that this reference to tangible media evidences a broader “intent to cover new technologies” seems to be a stretch.

    Ian C. Ballon, E-Commerce and Internet Law, ECOMMINTLAW 26.13[10]

    Congressional Testimony

    Congressional Testimony can be found on Westlaw and WesltawNext at Congressional Testimony (CONGTMY) and U.S. Political Transcripts (USPOLTRANS).  For example, in U.S. Poltical Transcripts, try simply:

    adv: video-privacy

    Senator Al Franken's statements are interesting.  He cites several examples for why protecting a viewing history might be important including this:

    This came up in one famous case where a local police department thought that the 1979 movie, the “Tin Drum” was obscene. Now mind you, this was a movie about what happened in Nazi Germany just before World War II. It won an Oscar for Best Foreign Film. But the police department went out and seized a list of everyone who had the movie and then drove around confiscating every copy. And in that case the ACLU chapter in the Ranking Member's state of Oklahoma used the Video Privacy Protection Act to stop that.
    Sen. Al Franken Holds a Hearing on Protecting Video Viewer Privacy, Panel 1, 2012 WL 309108
    For the case Sen. Franken refers to, see Camfield v. City of Oklahoma City, 248 F.3d 1214, 1217 (10th Cir. 2001)
    ]]>
    6789 2012-12-24 09:26:23 2012-12-24 15:26:23 open open video-privacy-protection-act-amendments publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url 24353 http://twitter.com/burgerlibrary/status/283701260731940864 2012-12-25 22:30:26 2012-12-26 04:30:26 West Reference Attorneys : Video Privacy Protection Act Amendments, http://t.co/zr3HlAuP.]]> 1 trackback 0 0 24354 http://twitter.com/burgerlibrary/status/284290353601851392 2012-12-27 13:31:16 2012-12-27 19:31:16 West Reference Attorneys : Video Privacy Protection Act Amendments, http://t.co/2V0yNcBj.]]> 1 trackback 0 0
    Hear No Evil, See No Evil, Speak No Evil http://westreferenceatt.3fivelab.com/2013/01/hear-no-evil-see-no-evil-speak-no-evil/ Thu, 03 Jan 2013 21:11:26 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6820 2007 WL 1622093:   The issue of the cover-up was the most legally significant part of the case. In addition to damages awarded Obrycka, the jury specifically held the Chicago Police Department responsible due to an ongoing unofficial code of silence. The City of Chicago sought to vacate the judgment, agreeing to pay awarded damages regardless of whether the verdict was set aside. Opponents argued that vacating the judgment would allow officers to continue to hide behind a blue wall of silence. Specifically, Craig Futterman and Locke Bowman, law professor at the University of Chicago and Northwestern University, respectively, averred that the city should not be permitted to escape a finding that it covered up the misconduct of its officers by erasing the adjudication as if it never existed. On December 20, 2012 U.S. District Court Judge Amy St. Eve refused to vacate that jury’s finding. (2012 WL 6642354) She relied on the fact that the City of Chicago chose to fight the suit instead of settling. Furthermore, Judge St. Eve noted that allowing the City to set aside the jury’s decision would set a bad precedent—one that could lead to the deterrence of settlements. However, she also reasoned that the facts of the Abbate case would limit her ruling’s applicability. The only issue remaining in the case is that of attorney’s fees. It’s estimated that Obrycka’s attorney will be awarded legal fees in the millions, a hefty price tag for misconduct. The “Second City” might want to take a second look at its police culture. Using variations of the phrase "blue wall" delivers relevant police misconduct results.  Try these searches on WestlawNext:

    police "law enforcement" /p code “blue wall” /3 silence (186) Content: Cases Jurisdiction: All States

    Plaintiff's counsel faced an uphill battle establishing corroboration of sexual harassment given the chain-of-command within police departments (the “blue wall of silence”), the now-proven pattern of threats and intimidation used ... Ferante v. Sciaretta, HNTL-584-02, 2003 WL 22048115 (N.J. Super. Ct. July 17, 2003)

    police "law enforcement" /p code “blue wall” /3 silence (6) Content: Jury Verdicts & Settlements Jurisdiction: All States

    The plaintiff further contended that the defendant and other officers engaged in a conspiracy to remain silent about the defendants actions pursuant to a blue code of silence policy within the department. McCoy v. Dean III, et al., JVR No. 389777

    ti,pr(code “blue wall” /3 silence & police "law enforcement") (8) Content: Secondary Sources Jurisdiction: All State & Federal

    These results include documents from,  Police Misconduct: Law and Litigation:

    In 1936, a leading police administration expert, August Vollmer, wrote: "It's unwritten law in police departments that police officers must never testify against their brother officers." This code of silence does more than prevent testimony. It mandates that no officer report another for misconduct, that supervisors not discipline officers for abuse, that wrongdoing be covered up, and that any investigation or legal action into police misconduct be deflected and discouraged. Police Misconduct: Law and Litigation § 11:17

    ]]>
    6820 2013-01-03 15:11:26 2013-01-03 21:11:26 open open hear-no-evil-see-no-evil-speak-no-evil publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24355 http://mybrotherzkeeper.com/hear-no-evil-see-no-evil-speak-no-evil/ 65.254.224.37 2013-01-21 23:30:25 2013-01-22 05:30:25 0 pingback 0 0
    Legislating Food Choice: Food Stamps & Obesity http://westreferenceatt.3fivelab.com/2013/01/legislating-food-choice-food-stamps-obesity/ Fri, 04 Jan 2013 18:54:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6824 statistical information available.  Here,  we learn that more than a third of adults are categorized as obese.  While studies have not found a significant difference in obesity rates among men of different income levels, socioeconomic status does seem to play a part in the obesity rates of women. Women living at lower income levels, and with lower education levels are more likely to be obese (though most obese women are not necessarily low income). The food stamp program, now known as the Supplemental Nutrition Assistance Program (SNAP), has been made a target for many who desire to address this growing issue.  One proposed change was to simply pay SNAP funds twice per month instead of once per month.  The idea is that this kind of program might encourage users to shop more frequently, and better spread the money out over the course of a month.   This way, SNAP participants aren’t running out of money at the end of the month, and then literally shopping on an empty stomach when they receive funds again the next month. One of the more well publicized suggestions is to restrict the types of foods that can be purchased with SNAP funds. In 2010, NYC mayor Michael Bloomberg requested a two year moratorium on the ability to purchase sugary drinks with federal SNAP funds in NYC. Read the old New York Times.com Op-Ed on Westlaw here: 10/7/10 NYTIMESCOM 39.  The USDA ultimately rejected Bloomberg’s request, indicating that it would be too difficult to put such restrictions into effect. The U.S. Department of Agriculture explained that it would be “impossibly complex” to determine what foods should be banned. (See 2011 WLNR 20052397) Other critics of the proposal argue that restricting the foods you can buy with SNAP funds stigmatizes recipients. SURVEY OF LEGISLATION For current legislation, I ran the following search in all jurisdictions on WestlawNext:

    restrict limit healthy food SNAP food stamps

    My first result for Proposed & Enacted Legislation is a Mississippi bill that aims to direct the Department of Human Services to limit use of SNAP funds to the purchase of “healthy food and healthy beverage only.” 2012 MS S.B. 2293 (NS),  TITLE: S.N.A.P. (food stamp) purchases; direct DHS to limit to healthy food and beverages. My next few results are more focused on addressing issues of fraud in relation to SNAP benefits. But, there's also notice the following result from Pennsylvania: 2011 PA H.R. 59 (NS), TITLE: A Resolution memorializing the Congress of the United States to take action to safeguard the health of families who are eligible for food stamps by changing the way the Food Stamps Program is regulated. This alternative advanced search delivered good results...

    S.N.A.P. "Supplemental Nutrition Assistance Program" /p obesity

    including...

    2011 NC H.B. 975 (NS), North Carolina House Bill, Titled: Promote Local/Healthy Food. Summary: AN ACT to work toward decreasing obesity among Supplemental Nutrition Assistance Program (SNAP) Participants by Increasing their participation in supplemental nutrition assistance program education (SNAP-ED) and Making fresh, locally grown produce available by increasing the acceptance of electronic BENEFITS TRANSFER (EBT) CARDS AT FARMERS MARKETS AND FOOD CO-OPS.

    2011 IL H.B. 1399 (NS), Illinois House Bill, Title: DHS-FOOD STAMPS-CHILD OBESITY. Summary: Amends the Illinois Public Aid Code. Provides that in an effort to control the epidemic of childhood obesity, the Secretary of Human Services may seek a waiver from the United States Department of Agriculture to allow the State to specify certain foods that may and may not be purchased in Illinois with the benefits funded by the Supplemental Nutrition Assistance Program (SNAP) (formerly the Food Stamps Program). Requires the Secretary to consult with members of the General Assembly in developing the waiver and to obtain approval from the General Assembly before implementing the waiver.

    2011 CA S.B. 471 (NS), California Senate Bill, Titled: CalFresh. This bill proposed to “prohibit recipients of CalFresh from purchasing with CalFresh benefits sweetened beverages containing more than 10 calories per cup, except that CalFresh benefits would be authorized to be used to purchase juice without added sugar, milk products, and milk substitutes, even if sweetened.”

    On that last search, only one of the Proposed and Enacted Legislation results was actually a bill that was enacted, a Massachusetts  appropriation for obesity prevention and education.  The rest were proposed. I’ve noticed at my local Farmer’s Markets that vendors will take SNAP benefits. I wonder how many results I would get in actual enacted legislation mentioning SNAP and farmer’s markets or food co-operatives. I want to open my search up now though, to include legislation from previous years. From the home page on WestlawNext, I click on “Proposed & Enacted Legislation.” Next, on the right hand side of the screen, under “Tools & Resources,” I click on Historical Enacted Legislation (Session Laws). Now, I run a search in all historical enacted legislation (federal and state):

    S.N.A.P. "Supplemental Nutrition Assistance Program" /250 "farmers market" (food /3 co-op!)

    I get 5 federal results, and 4 state results. They include:

    PUBLIC AID--FARMERS' MARKET--TECHNOLOGY IMPROVEMENT PROGRAM, 2010 Ill. Legis. Serv. P.A. 96-1088 (H.B. 4756) (WEST) – Legislation aimed to increase access to fresh produce and other quality food products by allowing the program participants to redeem SNAP benefits at farmers’ markets. The legislation allows program funding to be used for purchasing or renting wireless terminals capable of processing SNAP benefits.

    HEALTHY FOOD RETAIL ACT, 2009 La. Sess. Law Serv. Act 252 (S.B. 299) (WEST) – Louisiana legislation created to “provide for a financing program to stimulate investment in healthy food retail outlets in underserved areas of Louisiana…”

    FOOD, CONSERVATION, AND ENERGY ACT OF 2008, PL 110–234, May 22, 2008, 122 Stat 923 – Discusses a pilot project to evaluate health and nutrition promotion in the Supplemental Nutrition Assistance Program. This can include projects to increase access to farmers markets through electronic redemption of SNAP benefits.

    We can see a few ways here that legislators are attempting to address the obesity crisis, some controversial, like limiting the types of foods that can be purchased by SNAP recipients, and others arguably less so, like making it easier for recipients to utilize their benefits at farmers’ markets. ADDITIONAL RESEARCH REFERENCES The searches above also deliver these secondary sources:

    Michael Correll, "Getting Fat on Government Cheese: The Connection Between Social Welfare Participation, Gender, and Obesity in America," 18 Duke J. Gender L. & Pol'y 45 (2010)

    Joan R. Rothenberg, "In Search of the Silver Bullet: Regulatory Models to Address Childhood Obesity," 65 Food & Drug L.J. 185 (2010)

    Katherine Pratt, "A Constructive Critique of Public Health Arguments for Antiobesity Soda Taxes and Food Taxes," 87 Tul. L. Rev. 73 (2012)

    Colin Hector, "Nudging Towards Nutrition? Soft Paternalism and Obesity-Related Reform," 67 Food & Drug L.J. 103 (2012)

    For bill tracking options, view the Capitol Watch demo or call a Reference Attorney.]]>
    6824 2013-01-04 12:54:08 2013-01-04 18:54:08 open open legislating-food-choice-food-stamps-obesity publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24358 retahouston@freenet.de http://lamodellamafia.com/2012/04/gwyneth-paltrow-in-iro.html 184.22.219.137 2013-07-08 11:37:12 2013-07-08 16:37:12 0 0 0 24356 Pettie@gmail.com / 190.207.219.9 2013-01-12 16:47:44 2013-01-12 22:47:44 0 0 0 24357 eliasparr@gmail.com http://www.prolite.com.tr/node/228/ 173.213.110.184 2013-04-24 15:42:52 2013-04-24 20:42:52 0 0 0
    Instagram Class Action Filed http://westreferenceatt.3fivelab.com/2012/12/instagram-class-action-filed/ Mon, 31 Dec 2012 20:44:24 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6828 Funes v Instagram Inc et al, 3:12CV06482 (N.D. CA). The controversy began over new language, to be effective January 19, 2013, that appeared to reserve for Instagram broad rights to user’s photos and severely restrict users’ legal remedies. (See terms of service reprinted in complaint, 2012 WL 6640774). In response to widespread criticism and user departures to competing services, Instagram CEO Kevin Systrom retreated and “clarified” the proposed new terms of service in an Instagram blog post:
     "I want to be really clear: Instagram has no intention of selling your photos, and we never did. We don't own your photos - you do."  ­­­­
    Remaining in the terms slated for January however, are provisions that reserve broad licensing rights in users’ content to Instagram:
     “…you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content you post on or through the service…”  (iPhone app “Terms of Use” effective January 19, 2013, viewed 12/29/2012).
    Plaintiffs’ breach of contract, violation of good faith and fair dealing and breach of bailment claims are centered largely on this language. While some have returned to the service after Systrom’s posts, many appear to be shifting their focus to other services, at least while awaiting further developments. To receive alerts in the Funes v. Instagram case on Westlaw Classic, access California Federal District Court Dockets-Northern District (DOCK-CA-NDCT), enter 3:12cv06482 in the “docket number” box to view the docket, then select “track this docket.” ADDITIONAL RESEARCH REFERENCES Nilay Patel responds to the Instagram uproar on The Verge,  No, Instagram can't sell your photos: what the new terms of service really mean.  Nilay Patel also coined the term "Taco Suit" - for specious class action claims, named after the suit where Taco Bell was sued over whether or not its meat content might properly be labeled "beef."  See This Week in Law, Episode 109 around the 57  minute mark. For further research on issues of copyright, publicity and privacy rights in social media, try the following search in Secondary Sources on WestlawNext (TP-ALL on Westlaw Classic):

     ti(copyright! (privacy publicity /3 right) & (social /3 media network!) instagram facebook twitter)

     Also see on Westlaw Classic or WestlawNext, Lindey3d 1:36.50, “Material on Twitter Does Not Belong to Everyone.”  And also see the following summaries of earlier social media litigation:

     29 No. 10 WJCOMPI 5

     29 No. 1 WJCOMPI 10

     14 No. 2 WJTEL 2

       ]]>
    6828 2012-12-31 14:44:24 2012-12-31 20:44:24 open open instagram-class-action-filed publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url 24359 http://twitter.com/burgerlibrary/status/286540126883020800 2013-01-02 18:31:04 2013-01-03 00:31:04 West Reference Attorneys : Instagram Class Action Filed, http://t.co/jnf6S4gf.]]> 1 trackback 0 0
    You Tempt Me – You Are Fired! Not Unlawful Employment Discrimination http://westreferenceatt.3fivelab.com/2013/01/you-tempt-me-you-are-fired-not-unlawful-employment-discrimination/ Fri, 04 Jan 2013 19:30:39 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6836 Nelson v. James H. Knight DDS, P.C., 2012 WL 6652747, the defendant terminated the services of the plaintiff because his wife insisted that the plaintiff be terminated as she perceived her to be a big threat to their marriage. In analyzing the issue, the Court narrowed the question further to, “whether an employee who has not engaged in flirtatious conduct may be lawfully terminated simply because the boss views the employee as an irresistible attraction.” The Iowa Supreme Court held, “that employer did not engage in sex discrimination when he fired female employee at the request of his wife due to her concerns with the nature of employer's relationship with employee.” In its analysis, the Court stated that, “[t]he civil rights laws seek to insure that employees are treated the same regardless of their sex or other protected status.”  However, the Court in this case did not find that the employee’s termination was unlawful, although the Court did acknowledge that there was a legitimate concern about a slippery slope. Where we are on that slope can be gleaned from other jurisdictions that have addressed a defense to claims of sex-based discrimination due to the jealousy of spouses.  To learn more I ran the following search on WestlawNext:

    discrim! (title /2 vii) /p fire! firing terminat! discharg! /p sex! gender female male woman man /p roman! attract! jealous! tempt! /s wife spous! husband marriage relationship

    What I found were a number of cases where similar arguments were raised.  Delaware courts found similar arguments raised in Holland v Zarif 794 A.2d. 1254 where “In its briefs, the Department argues that Mrs. Holland was not fired because she was a woman, but because she was a particular woman who inspired jealousy in the spouse of her employer. The Department contends that a jealousy-based firing of this nature does not involve sex discrimination.”  The 6th Circuit in Lococo v Barger 234 F.3d. 1268 reversed summary judgment when it found “a reasonable jury could conclude that Barger's proffered explanation for firing Lococo was not his wife's jealousy, but rather his wife's concern over the effect Lococo's public image might have on the reputation of the county attorney's office-a concern that could have extended to a similarly situated male employee….there remains a genuine issue of material fact as to whether Lococo was terminated because of her sex.” Research References: Nelson v. James H. Knight DDS, P.C., 2012 WL 6652747 Here's a search for related content on this issue:

    discrim! (title /2 vii) /p fire! firing terminat! discharg! /p sex! gender female male woman man /p roman! attract! jealous! tempt! /p wife spous! husband

    Here is a broader search on the same issue:

    discrim! (title /2 vii) /p fire! firing terminat! discharg! /p sex! gender female male woman man /p roman! attract! jealous! tempt!

    This search in all state and federal jurisdiction yields some very relevant cases, as noted above. In WestlawNext, sorting by relevance, the Nelson case is the first one that comes up followed by the Eighth Circuit case cited by the Iowa Supreme Court. This search also brings up some nice articles in the secondary sources content category.]]>
    6836 2013-01-04 13:30:39 2013-01-04 19:30:39 open open you-tempt-me-you-are-fired-not-unlawful-employment-discrimination publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url 24360 4927Dittemore@gmail.com / 186.92.86.193 2013-01-11 22:08:16 2013-01-12 04:08:16 0 0 0
    Election of Speaker http://westreferenceatt.3fivelab.com/2013/01/election-of-speaker/ Thu, 03 Jan 2013 21:31:45 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6868 "protest votes" for Michelle Bachman, Eric Cantor, and others but John Boehner has been re-elected as Speaker of the House. To see how they voted, try this search:

    ti("election of speaker") in the Congressional Record (CR).

    Today is January 3rd and the most recent document in the Congressional Record is dated January 2nd.  The  relevant document will likely be available on Westlaw tomorrow, January 4th. [Update:  This document is now available on Westlaw at 159 Cong. Rec. H2-02, 2013 WL 45508]]]>
    6868 2013-01-03 15:31:45 2013-01-03 21:31:45 open open election-of-speaker publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_cache_timestamp _topsy_long_url topsy_short_url
    Social Media Legal Research http://westreferenceatt.3fivelab.com/2013/01/social-media/ Mon, 28 Jan 2013 16:36:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=5388 Insider have recently pointed out:  
    ...social media sites are, at their essence, forums for communication.  And the status of social media communications create new—and, in many cases, undefined—legal issues that will confront lawyers as those technologies mature.
      Here are a few those undefined legal issues frequently researched by Reference Attorneys. Service of Process Social networking sites are starting to give legal service a whole new dimension. Although, by no means an established method for service of process, here is an interesting article where the author discusses a case in which an Australian Court authorized the service of a default judgment via Facebook.

    See, Schultz, Comment, SUPERPOKED AND SERVED: SERVICE OF PROCESS VIA SOCIAL NETWORKING SITES, URMDLR43 U. Rich. L. Rev. 1497 (2009).

    A search such as the following in secondary content in WestlawNext or the TP-ALL database in Classic Westlaw brings up some very interesting articles that may be insightful on what the future of Service of Process may be given the space of social media:

    serv! /5 legal process /25 sufficien! insufficien! proper! imporper! adequa! inadequa! defect! /50 Facebook myspace twitter linkedin (social /2 media network!)

    Discovery

    Litigants on either side of the case are utilizing data, information, photographs, videos posted on social networking websites as part of discovery and cases are being won and lost based on parties’ willing participation on social networking sites with unintended but serious consequences.  It might be wise to think before one clicks the buttons for “like”, “post”, “follow” etc. because all this data will probably exist in perpetuity and one never knows when what might come back to haunt one. “As Facebook and Google track every click you make, the data increasingly are the subject of subpoenas …”  Check out the following publications:

    Pretrial Involving Facebook, MySpace, LinkedIn, Twitter, and Other Social Networking Tools, 121 Am. Jur. Proof of Facts 3d 1 (Originally published in 2011). This article is quite comprehensive with great information on the subject ofpre-trial issues related to social networking.

    Emerging trends in social media sites and other electronic information, 8 Bus. & Com. Litig. Fed. Cts. §92:33 (3d ed.)

    Discovery of privacy social media information, 10 Bus. & Com. Litig. Fed. Cts. §106:32 (3d ed.).

    If you are interested in further research on this issue, here are some sample searches you may find helpful:

    WestlawNext:  discovery of information on facebook myspace twitter linkedin or other social media or social networking websites

    Terms & connectors in either Classic Westlaw or WestlawNext:discovery /50 facebook myspace twitter linkedin (social /2 media network!)

    Tweeting Jurors

    In U.S. v. Fumo, 655 F.3d 288 (C.A.3 (Pa.), 2011), the Third Circuit citing another case stated,

    "The theory of our system," wrote Justice Holmes, "is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of private talk or public print." Patterson v. Colorado, 205 U.S. 454, 462, 27 S.Ct. 556, 51 L.Ed. 879 (1907). Justice Holmes, of course, never encountered a juror who "tweets" during the trial.”

    I remember the story about Steve Martin tweeting while on jury duty awaiting selection. This particular instance was hilarious but certainly not funny given that juror misconduct costs our judicial system in terms of time, money, effort and justice. In re the Steve Martin article, here are some of the comments from a Los Angeles Times article:

    Tweeting over the last couple of days, the stand-up comedian, movie star, musician and author has regaled his 380,000-plus followers on Twitter with observations inspired by the legal process unfolding before him. Using his Twitter name @SteveMartinToGo, the prospective juror at 12:10 p.m. Monday tweeted: "REPORT FROM JURY DUTY: defendant looks like a murderer. GUILTY.  Waiting for opening remarks." A follower named @luvjack713 warned: "If you're really on jury duty you could get into trouble tweeting from it AND announcing he's guilty!!! Careful  Steve!" He quickly responded: "(I'm kidding) Shhhh....." And then he kept at it: "REPORT FROM JURY DUTY: guy I thought was up for murder turns out to be defense attorney. I bet he murdered someone anyway.”

     Steve Martin jokes about jury duty, 2010 WLNR 25276826.

    I came across another interesting article published in the Omaha World Herald entitled: Only in The World-Herald: Some jurors guilty of not-so-smartphone behavior; 2012 WLNR 2218751. This article discusses the various scenarios in which jurors have gotten into trouble for use of social media and networking while on jury duty. In WestlawNext if you try a search such as  tweeting and friending as a juror, the search brings up a lot of great information on the subject in multiple content categories.

    Privacy and Personal Information:

    Suits by subscribers or users of the social networking sites against such social media companies for misappropriation of personal information is certainly one area that is generating a lot of legal buzz. It impacts us all. Even if I don’t voluntarily put my personal information online, how do I stop a niece from posting my picture on Facebook. At some level, one has to accept that the concept of privacy has changed and must submit to some of the newly defined, looser definitions of privacy. For a general search on the subject I tried a plain language search in WestlawNext in All State and All Federal Category: misappropriation of personal information and invasion of privacy on social networking websites such as facebook myspace.

    There are legal issues arising not only based on how social media companies are utilizing the personal information that has been voluntarily put up on their websites, but there is litigation related to such sites  affirmatively accessing other personal information on the users’ computer or mobile device. A suit filed this year accuses Facebook of monitoring a user’s internet activity even after the user logs off Facebook. In WestlawNext, see, Julian CARROLL, On behalf of himself and all others similarly situated, ...e Corporation, Defendant., N.D.Cal. January 24, 2012, 2012 WL 251630.

     ]]>
    5388 2013-01-28 10:36:47 2013-01-28 16:36:47 open open social-media publish 0 0 post 0 topsy_short_url _topsy_long_url _slidedeck_slide_title _topsy_cache_timestamp _edit_last _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _wp_jd_yourls _wp_jd_url _topsy_long_url topsy_short_url _jd_twitter _jd_tweet_this _wp_jd_clig _wp_jd_bitly _wp_jd_wp 24363 54Vanbeveren@gmail.com 199.30.55.218 2013-08-03 21:35:44 2013-08-04 02:35:44 0 0 0 24362 602Wolfer@gmail.com 199.30.55.216 2013-08-03 21:16:23 2013-08-04 02:16:23 0 0 0 24361 Wintermantel7657@gmail.com 184.82.213.165 2013-07-28 16:33:37 2013-07-28 21:33:37 0 0 0
    Unintended Fatherhood? Kansas Court to Determine Sperm Donor’s Paternity http://westreferenceatt.3fivelab.com/2013/01/unintended-fatherhood-kansas-court-to-determine-sperm-donors-paternity/ Wed, 09 Jan 2013 20:19:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6895 See, e.g., 2012 WLNR 28090983. In 2009, William Marotta answered a Craigslist ad for sperm donation placed by a lesbian couple—Jennifer Schreiner and Angela Bauer—who wished to conceive a child. The sperm donation resulted in the birth of a girl, now three years old. Schreiner and Bauer have since separated, and Schreiner, the birth mother, has sought financial assistance from the state of Kansas to care for the child. To lessen the state’s burden, the Kansas Department for Children and Families filed a petition last October requesting Marotta be named as the child’s legal father, under Kansas Statutes Annotated § 23-2208, which involves scenarios in which paternity may be presumed. Marotta contends that subsection (f) of § 23-2208 applies to absolve him, as a sperm donor, of paternity. That subsection, rather than listing a paternity presumption like other subsections, mandates definitively that a sperm donor shall not be deemed the father of any child(ren) resulting from his donation, unless the donor and the woman agree to the contrary in writing. Not only did Marotta opt to forego a written instrument accepting paternity, he did the exact opposite in signing a written agreement with Schreiner and Bauer wherein Marotta disclaimed all parental rights and associated obligations. But, importantly, § 23-2208(f) only mentions sperm donations “provided to a licensed physician.” Therefore, the state argues, the subsection does not apply to shield Marotta from fatherhood, because he, Schreiner, and Bauer failed to use a doctor in their efforts at artificial insemination. Indeed, the parties have admitted as much—that after agreeing to be a sperm donor, Marotta simply dropped off a container of semen at the couple’s house and the two women achieved the insemination themselves. I will be curious to read of the conclusion reached by the Shawnee County District Court and the reasoning it used in so doing. One case that is likely to be addressed is In re K.M.H., 169 P.3d 1025 (Kan. 2007), where the Supreme Court of Kansas held Kansas Statutes Annotated § 38-1114(f) (later renumbered at § 23-2208(f)) applied to bar a sperm donor from seeking paternity. Like Marotta, the donor in In re K.M.H. did not deliver his semen sample to a medical professional. A licensed physician was involved, however, in the insemination process—the donor gave his container of sperm to the woman hoping to get pregnant, and she, in turn, provided it to the doctor who performed the insemination—and the court deemed this sufficient to bring the parties’ actions within the scope of § 38-1114(f). In re K.M.H. gives a good overview on the development and state of paternity laws regarding sperm donation existing at the time of the opinion, both in Kansas and nationally. In re K.M.H. at 1033-39. But if you are interested in researching additional related decisions that have come out in the five years subsequent, you may find the following search of interest:
    Query: status presum! relationship /5 parent! patern! matern! don! father! mother! & (sperm semen /7 donat! donor) (assist! artificial /5 reprod! fertil! conce! inseminat!) & (self /5 administer!) (#no #not #never #without fail! lack! /7 doctor physician surgeon “medical professional”) & DA(aft 10/26/2007) Content: Cases Jurisdiction: All State & Federal
    The very first decision in the list of 52 resulting cases is E.E. v. O.M.G.R., 20 A.3d 1171 (N.J. Super. Ct. Ch. Div. 2011), wherein, faced with a similar statute to the one in Kansas, the New Jersey court found the state law, otherwise shielding a sperm donor from paternity, does not apply if a licensed doctor was not involved in the insemination. Many states’ laws on this topic are derived from the Uniform Parentage Act (UPA). See, e.g., id. at 1174; In re K.M.H. at 1034. The UPA, as originally promulgated in 1973, mandated the involvement of a licensed physician if a sperm donor is to relinquish paternity. In re K.M.H. at 1034. Notably, however, the revised UPA deleted any such reference to doctors. Run the following searches to see for yourself:
    Query: donor donat! semen sperm egg ova ovum /p doctor physician "medical professional" Content: Uniform Parentage Act (1973) Query: donor donat! semen sperm egg ova ovum /p doctor physician "medical professional" Content: Uniform Parentage Act (2000) (Last Amended or Revised in 2002)
    Lastly, for a listing of all state statutes on the topic that also include reference to doctor- or physician-inclusion in the process, try the following query:
    Query: status presum! relationship /5 parent! patern! matern! father! mother! don! & (sperm semen egg ova ovum /7 donat! donor) (assist! artificial /5 reprod! fertil! conce! insemin!) & SD(doctor physician surgeon “medical professional”) Content: Statutes & Court Rules Jurisdiction: All States
    ]]>
    6895 2013-01-09 14:19:46 2013-01-09 20:19:46 open open unintended-fatherhood-kansas-court-to-determine-sperm-donors-paternity publish 0 0 post 0 _slidedeck_slide_title topsy_short_url _edit_last _topsy_cache_timestamp _topsy_long_url _topsy_long_url topsy_short_url 24364 7403Troxler@gmail.com / 190.74.189.160 2013-01-11 21:32:56 2013-01-12 03:32:56 0 0 0 24365 6000Greeson@gmail.com / 186.88.68.90 2013-01-12 12:22:03 2013-01-12 18:22:03 0 0 0
    AIG, with a straight face http://westreferenceatt.3fivelab.com/2013/01/aig-with-a-straight-face/ Fri, 11 Jan 2013 17:25:00 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6910 refused a demand that it sue the federal government over unfair bailout terms.  How is it possible that AIG might, with a straight face, consider such a suit? Didn't they just thank us for our contribution?   However shocking AIG's participation in this suit might seem, AIG says it had no choice but to consider the demand from its former chief executive, Hank Greenberg. Is this true? As many of you are no doubt aware, a derivative action is a suit brought by a shareholder on behalf of the company.  In order for a shareholder to usurp this role reserved for corporate management, a shareholder must first demand the directors bring suit.  Only after the board fails to take action may a shareholder bring a suit derivatively.  See,  Rule 23.1 of the Federal Rules. But, does AIG have an obligation to consider this action? We tried this simple search on WestlawNext in Delaware:

    liability for refusal to consider presuit demand

    Our results address whether a plaintiff is excused from the demand requirement.  But, our top case law results recite the basic principle that a board's decision not to take action on a pre-suit demand is subject to the business judgment rule. Citing a key case, Zapata Corp (430 A.2d 779), the court in Aronson v. Lewis noted:
    ...where demand on a board has been made and refused, we apply the business judgment rule in reviewing the board's refusal to act pursuant to a stockholder's demand.
    Aronson v. Lewis, 473 A.2d 805, 813 (Del. 1984) overruled by Brehm v. Eisner, 746 A.2d 244 (Del. 2000)
    AIG has been careful to point out that Delaware law requires them to make this consideration.  It's a difficult marketing challenge.  Although the general public might hold a strong opinion on whether AIG might be "too big to fail," few of us will confess a detailed familiarity with the intricacies of derivative actions and corporate governance.   ADDITIONAL RESEARCH REFERENCES: Demand Letters
    Generally these demands can be difficult to find but, Rule 23.1(b)(3) requires "that the complaint in a shareholder-derivative action allege with particularity the efforts made by plaintiff to obtain the action plaintiff desires from the board of directors." See Wright and Miller,  FPP 183.  
    So, look for exhibits in complaints.  We found the following example by searching federal pleadings for 23.1 /p demand /p exhibit:
    By letter dated May 23, 2008, in compliance with Rule 23.1 of the Federal Rules of Civil Procedure, Plaintiff, through counsel, made demands on BOAC's Board to, inter alia, pursue through litigation, the claims alleged in this action and name as Defendants those identified above, among others responsible for the wrongdoing as alleged herein (the “Demand Letter”). A copy of the Demand Letter is attached as Exhibit “A.” The Board apparently treated the Demand Letter as if it had no material significance since, as of the date of this Complaint, four months after it was sent, the Board has neither responded to the Demand Letter nor taken the actions demanded therein.1Accordingly, Plaintiff's demands have been effectively rejected by the Board.
    P.E. LUCAS, Derivatively on Behalf of Bank of America Corporation, and its shareholders..., 2008 WL 5168452 (C.D.Cal.)
     
    The Exhibit A referenced in the allegation can be found here: 2008 WL 6893654.
     
    Related Action
    See Starr Int'l Co. v. Fed. Reserve Bank of New York, 2012 WL 5834852.
     
    Fletcher Cyclopedia Reference

    The Fletcher Cyclopedia (at 13 Fletcher Cyc. Corp. § 5969) cites Schick v. Amalgamated Clothing  for the idea that a board of directors has no obligation to take any specific type of action to respond to the demand:

    The “demand” contemplated by Rule 23.1 is really a form of notice designed to afford to the corporation's board an opportunity to consider the facts asserted and to exercise its business judgment whether to press any arguable claim the corporation may possess or to take other action. Zapata Corporation v. Maldonado,Del.Supr., 430 A.2d 779 (1981). The board has no obligation to take any specific type of action to comply with a demand under Rule 23.1. The board may, for example, ignore the demand, or it may take other action it deems appropriate if, in the exercise of its good faith judgment the circumstances indicate that the corporation's interests would be served thereby. But, because a Rule 23.1 demand serves a notice function, it makes little difference with respect to the board's duty, upon receiving information of the kind contained in the Union's letter, whether the information comes from a stockholder or from another and thus it makes little sense to think in terms of “entitlement to make a demand.”
    Schick Inc. v. Amalgamated Clothing & Textile Workers Union, 533 A.2d 1235, 1240 (Del. Ch. 1987)
    ]]>
    6910 2013-01-11 11:25:00 2013-01-11 17:25:00 open open aig-with-a-straight-face publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url
    Refusing Vaccines http://westreferenceatt.3fivelab.com/2013/01/refusing-vaccines/ Fri, 11 Jan 2013 20:55:23 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6923 A Vegan's Beliefs Now, the issue has come up in the realm of labor and employment law. Indiana University Health Goshen Hospital recently terminated employees for refusing the flu vaccine in late December, 2012. As far as we know, no claims have been filed but the IU nurses did claim medical and religious reasons for why they should be exempted from the hospital's policy. A recent federal court decision in Ohio touched on the issue of religious objections to vaccinations. An employee was discharged after refusing to be vaccinated for influenza as required by her employer, a children’s hospital. The employee had in previous years been granted a waiver to this requirement, because she claimed that, as a vegan, she could not ingest any animal or animal by-products. After being discharged, the employee filed suit against the employer, alleging religious discrimination and wrongful discharge. The employer hospital moved to dismiss, but the court declined to dismiss, finding that the plaintiff’s beliefs in regards to veganism to be ones that could be “held with the strength of traditional religious views” in accordance to precedent. The court also notes, as did the plaintiff, that the Code of Federal Regulations definition of religious practices can include “moral or ethical beliefs as to what is right and wrong” as long as they are “held with the strength of religious views.” Chenzira v. Cincinnati Children's Hosp. Med. Ctr., 1:11-CV-00917, 2012 WL 6721098 (S.D. Ohio Dec. 27, 2012)   RESEARCH REFERENCES   Case Law

    For related case law, try the following terms and connectors search on WestlawNext:

     sy,di(refus! +10 vaccin! innoculat!)

    Many of the most relevant cases were older:

    Anderson v. State, 84 Ga. App. 259, 65 S.E.2d 848 (1951) – Parents were found guilty of failing to enroll their children in school as a result of their refusal to allow them to receive required vaccinations. The parents objected to the vaccinations on religious grounds. The court here noted that “The refusal of the defendants here to have their children vaccinated amounted to a transgression of the rights of others.”

    State v. Miday, 263 N.C. 747, 140 S.E.2d 325 (1965) – Defendant convicted of failure to vaccinate his child and failure to send his child to school. The court ultimately found that whether the father was justified in his religion-based refusal to vaccinate was a matter for a jury, and that “it is not necessary for a religious organization to forbid vaccination in order for its teachings to come within the meaning” of the statutory exemption for vaccination requirements.

    Kolbeck v. Kramer, 46 N.J. 46, 214 A.2d 408 (1965) – Student was denied admission to a University due to his refusal to submit to smallpox vaccination. Student sued to compel admission, arguing that he objected to the vaccination on religious grounds, for which the University allowed an exemption to the vaccination requirement. The court upheld the trial opinion that the student had sufficiently proven his religious justification for refusing the vaccination.

    I wanted to see more recent cases on these issues, so I filtered my cases by date. I decided to see how many results we get since January 1, 2000. There are 22 remaining cases. These include:

    Boylan v. Matejka, 331 Ill. App. 3d 96, 770 N.E.2d 1266 (2002) – Navy veteran who received General Discharge under honorable conditions, one reason for which was his refusal to submit to an anthrax vaccine, was not eligible for a grant that was limited to veterans who had received an honorable discharge.

    Adoption of Shelley, 55 Mass. App. Ct. 1115, 774 N.E.2d 686 (2002) – Court upheld finding of parental unfitness where (among other reasons), she had refused to allow her child to submit to necessary vaccinations.

    Martin v. Donley, CIV.A. 11-1590 RBW, 2012 WL 3574048 (D.D.C. Aug. 21, 2012) – Former Air Force Reservist who had received general discharge due to his refusal to submit to a required vaccination requested that it be changed to honorable. Military board denied request, and court upheld decision, finding the decision to not be arbitrary and capricious.

    Baetge-Hall v. Am. Overseas Marine Corp., 624 F. Supp. 2d 148 (D. Mass. 2009) – Medical officer on a maritime prepositioning ship sued former employer claiming retaliatory discharge after she refused to receive the smallpox or anthrax vaccinations. The court held “[t]erminating an employee for allegedly stating her intent to notify federal authorities about dangerous or harmful activities aboard a seagoing vessel raises significant public policy concerns” such that the plaintiff established a prima facie case for retaliatory discharge under maritime law for whistleblowing. But the court also held that the plaintiff’s refusal to take the vaccinations qualified as a non-retaliatory reason for her termination. The court addressed a variety of other issues, including evidence of disparate treatment.

    Secondary Sources

    Try a search using the title and preliminary fields:

     ti,pr(vaccinat! innoculat!) & refus! /25 vaccinat! innoculat!

    In my secondary source results, I see the following:

    Compulsory Vaccination, 12 Yale L.J. 504 (1903)

    Lea Ann Fracasso, Developing Immunity: The Challenges in Mandating Vaccinations in the Wake of A Biological Terrorist Attack, 13 DePaul J. Health Care L. 1, 2 (2010)

    Ben Horowitz, A Shot in the Arm: What A Modern Approach to Jacobson v. Massachusetts Means for Mandatory Vaccinations During A Public Health Emergency, 60 Am. U. L. Rev. 1715 (2011)

    Jay Gordon (FNd1), Parents Should Not Be Legally Liable for Refusing to Vaccinate Their Children, 107 Mich. L. Rev. First Impressions 95 (2009)

    Christine Parkins, Protecting the Herd: A Public Health, Economics, and Legal Argument for Taxing Parents Who Opt-Out of Mandatory Childhood Vaccinations, 21 S. Cal. Interdisc. L.J. 437 (2012)

    Daniel B. Rubin, Sophie Kasimow (FNd1), The Problem of Vaccination Noncompliance: Public Health Goals and the Limitations of Tort Law, 107 Mich. L. Rev. First Impressions 114 (2009)

     ]]>
    6923 2013-01-11 14:55:23 2013-01-11 20:55:23 open open refusing-vaccines publish 0 0 post 0 topsy_short_url _topsy_long_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title 24367 BiselKoester978@hotmail.com http://jennhaun.edublogs.org/ 69.175.51.227 2013-06-22 08:10:40 2013-06-22 13:10:40 0 0 0 24366 viliyana89@abv.bg http://lawmaritime.net 95.42.60.35 2013-02-08 03:10:17 2013-02-08 09:10:17 0 0 0
    See you at LegalTech NY http://westreferenceatt.3fivelab.com/2013/01/see-you-at-legaltech-ny/ Mon, 28 Jan 2013 20:11:08 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=6947 LegalTech this week.  Come visit us.  Reference Attorneys will be demonstrating a number of legal solutions by Thomson Reuters.  Here are a few we'll be talking about:  

    Firm Central - secure, cloud-based matter-management for solo and small law firms.

     

    Concourse & Legal Hold - Concourse helps organizations collaborate across the legal department and with outside counsel. Legal Hold allows legal departments to administer legal holds that are repeatable, automated, defensible.   

     

    Drafting Assistant (for Litigators and Transactional Attorneys) - Access forms, research, and other drafting tools from Word/WordPerfect.

     

    My Business Intelligence (Beta) - MBI provides mobile, in-depth business/industry intelligence related to the business development needs of transactional attorneys. 

     

    Monitor Suite - Market intelligence for law firms drawn from Westlaw and Thomson Reuters Financial content.

     

    NEW WESTLAWNEXT FEATURES:

    Alerts - New Alert Center on WestlawNext capitalizes on filtering and other tools inehrent to the platform.  Multiple alerts can now be organized  into single newsletters:

     

    Practitioner Insights - Our editors update these new pages daily with relevant content related to specific practice areas. You can make these pages your start pages.  

    Company Investigator - CI delivers company information and public records related to more than 30 million private and public companies.  Tools include a report generator and a manipulable corporate family tree:

     

    ]]>
    6947 2013-01-28 14:11:08 2013-01-28 20:11:08 open open see-you-at-legaltech-ny publish 0 0 post 0 topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_long_url
    Voting Rights Act Oral Arguments http://westreferenceatt.3fivelab.com/2013/03/voting-rights-act-oral-arguments/ Fri, 01 Mar 2013 17:56:32 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7013 Shelby County v. Eric  Holder are now available on Westlaw at 2013 WL 705522. ADDITIONAL RESEARCH REFERENCES (How has the South changed...)
    Here's Justice Robert's quote in Northwest Austin:
    Some of the conditions that we relied upon in upholding this statutory scheme in Katzenbach and City of Rome have unquestionably improved. Things have changed in the South. Voter turnout and registration rates now approach parity. Blatantly discriminatory evasions of federal decrees are rare. And minority candidates hold office at unprecedented levels.
    Northwest Austin Mun. Utility Dist. No. One v. Holder (2009) 557 U.S. 193, 202 [129 S.Ct. 2504, 2511, 174 L.Ed.2d 140]
    The Voting Rights Act Reauthorization and Amendments Act of 2006 can be found at PL 109-246
    ...The Congress finds the following:
    (1) Significant progress has been made in eliminating first generation barriers experienced by minority voters, including increased numbers of registered minority voters, minority voter turnout, and minority representation in Congress, State legislatures, and local elected offices. This progress is the direct result of the Voting Rights Act of 1965.
    (2) However, vestiges of discrimination in voting continue to exist as demonstrated by second generation barriers constructed to prevent minority voters from fully participating in the electoral process.
    (3) The continued evidence of racially polarized voting in each of the jurisdictions covered by the expiring provisions of the Voting Rights Act of 1965 demonstrates that racial and language minorities remain politically vulnerable, warranting the continued protection of the Voting Rights Act of 1965....
    Full name of the Act is Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Cesar E. Chavez, Barbara C. Jordan, William C. Velasquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006
    ]]>
    7013 2013-03-01 11:56:32 2013-03-01 17:56:32 open open voting-rights-act-oral-arguments publish 0 0 post 0 _topsy_long_url topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title
    In Hot Water: Anheuser-Busch under Attack for Watering Down Its Beer http://westreferenceatt.3fivelab.com/2013/03/in-hot-water-anheuser-busch-under-attack-for-watering-down-its-beer/ Fri, 01 Mar 2013 17:54:27 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7015 See, e.g., 2013 WLNR 4946832.  As of this writing, five class-action lawsuits have been filed against the brewery, and it is predicted there may be more to come.  Plaintiffs in California, Pennsylvania, New Jersey, Ohio, and Texas have filed complaints alleging Anheuser-Busch’s violation of various state and federal consumer protection statutes by purportedly overstating the alcohol content in its beers.  One complaint even implies the practice of diluting its beverages became more vigorous after Anheuser-Busch merged with the Belgian company InBev in 2008.  Each lawsuit seeks damages in excess of $5 million as well as an order obligating the brewing company to undertake a corrective advertising campaign. For its part, Anheuser-Busch vehemently denies any adulteration or mislabeling of its products.  It is noteworthy, too, that the various plaintiffs’ assertions are not based on any independent testing of the beers in question.  Rather, the complainants are basing their arguments, thus far, on statements of former employees of the brewing giant. If you would like to view the pertinent Dockets, where you can access PDF copies of the complaints filed against Anheuser-Busch, simply run the following search in WestlawNext:

    Query: PTN(anheuser-busch) & DA(aft 02/20/2013)

    Content: Federal Dockets

    Moreover, to be notified of any additional lawsuits filed against the brewing company—there is rumor of at least one more complaint likely to be filed in Colorado—consider setting up a Docket Alert.  This may be accomplished by going into the Tools area in WestlawNext and then selecting Alert Center.  Click on the link to create a new Docket Alert, and fill out the screens that follow to customize.  I suggest monitoring all U.S. District Court dockets and restricting your search to class-action filings only.  Choose your delivery options, including format and frequency, to suit your needs.]]>
    7015 2013-03-01 11:54:27 2013-03-01 17:54:27 open open in-hot-water-anheuser-busch-under-attack-for-watering-down-its-beer publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url
    Same Sex Marriage Legislation http://westreferenceatt.3fivelab.com/2013/03/same-sex-marriage-legislation/ Thu, 07 Mar 2013 18:54:25 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7040 Minn. Stat. Ann. § 517.01. After this victory, Minnesotans United for All Families, the primary organization opposing the proposed amendment, turned their sights to changing the existing law. And on February 27th of this year, legislators introduced bills in the Minnesota House and Senate to legalize same sex marriage. 2013 MN S.F. 925, House File 1054 You can follow these bills by using bill tracking on WestlawNext. To do that, from the home page on WestlawNext, click on “Proposed & Enacted Legislation.” Then, click on “Minnesota.” On that screen, look to the right under the “Tools & Resources” for the link to “Minnesota Bill Tracking.” [caption id="attachment_7054" align="alignnone" width="579"] Click to Enlarge[/caption]   In the template, enter “925” in the Bill Number box, and then enter “marriage” in the Bill Text box. Click on “Search” to pull up your result. You should see 2013 MN S.F. 925. Click on that result to check out the tracking information. You can check on the bill status here. Then you can do the same for the House File. You might also track the bill with Capitol Watch (available from the tools tab on WestlawNext).  In Minnesota bills, try ci(925) and marriage.  Then, click the track button: [caption id="attachment_7055" align="alignnone" width="579"] Click to Enlarge[/caption]   Of course, feel free to call us if you are managing a legislative tracking project.  We're happy to help you set that up.   ADDITIONAL RESEARCH REFERENCES   NATIONWIDE PROPOSED OR ENACTED LEGISLATION

    Try the following search:

    SAME-SEX GAY HOMOSEXUAL /10 MARRIAGE

    There are 141 results in Proposed & Enacted Legislation with that query. This covers just the past few years (the most recent sessions). Our results include:

    2011 PA S.B. 461 (NS), 2011 Pennsylvania Senate Bill No. 461, Pennsylvania One Hundred Ninety-Fifth General Assembly - 2011-2012. An Act providing for same-sex marriages.

    2012 NJ S.C.R. 88 (NS), 2012 New Jersey Senate Concurrent Resolution No. 88, New Jersey Two Hundred Fifteenth Legislature - First Annual Session. A New Jersey Concurrent Resolution authorizing same-sex marriage.

    2011 WA S.B. 5793 (NS), 2011 Washington Senate Bill No. 5793, Washington Sixty-Second Legislature - 2011 First Special Session. Title: Addressing Civil Marriage Equality.

    2011 RI S.J.R. 2987 (NS), 2011 Rhode Island Senate Joint Resolution No. 2987, Rhode Island 2012 Legislative Session. Title: Joint Resolution relative to the recognition and validity of out-of-state and foreign same-sex marriages.

    2011 HI H.B. 164 (NS), 2011 Hawaii House Bill No. 164, Hawaii Twenty-Sixth Legislature - Regular Session of 2011. Title: Proposing an Amendment to the Hawaii Constitution to allow marriage between same sex couples.

    SECONDARY SOURCES

    You can quickly pull up articles discussing the topic generally on WestlawNext. I ran the following plain language search through Secondary Sources:

    GAY MARRIAGE LEGISLATION

    The first few results include:

    Frank Gulino, A Match Made in Albany: The Uneasy Wedding of Marriage Equality and Religious Liberty, N.Y. St. B.J., January 2012, at 38

    14 No. 6 N.H. Emp. L. Letter 1, Gay Marriage Enacted in New Hampshire, August 2009

    Christy M. Glass, Nancy Kubasek, Elizabeth Kiester, Toward A "European Model' of Same-Sex Marriage Rights: A Viable Pathway for the U.S.?, 29 Berkeley J. Int'l L. 132 (2011)

    David Schraub, The Price of Victory: Political Triumphs and Judicial Protection in the Gay Rights Movement, 77 U. Chi. L. Rev. 1437 (2010)

    Laurence H. Tribe & Joshua Matz, The Constitutional Inevitability of Same-Sex Marriage, 71 Md. L. Rev. 471 (2012)

    DOMA

    A final, related note, if you want to follow the case challenging the validity of the Defense of Marriage Act (DOMA), check out the lower court decisions at:

    Windsor v. United States, 699 F.3d 169 (2d Cir. 2012) cert. granted, 133 S. Ct. 786, 184 L. Ed. 2d 527 (U.S. 2012) Windsor v. United States, 833 F. Supp. 2d 394 (S.D.N.Y. 2012) aff'd, 699 F.3d 169 (2d Cir. 2012) cert. granted, 133 S. Ct. 786, 184 L. Ed. 2d 527 (U.S. 2012)

    And see the U.S. Supreme Court’s grant for writ of certiorari at United States v. Windsor, 133 S. Ct. 786, 184 L. Ed. 2d 527 (2012) Check out the “Filings” tab to view briefs filed in the case. Arguments are scheduled for later this month.

    ]]>
    7040 2013-03-07 12:54:25 2013-03-07 18:54:25 open open same-sex-marriage-legislation publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _topsy_long_url topsy_short_url 24369 maia@travelsdate.com http://travelsdate.com 83.26.168.36 2013-03-19 04:37:34 2013-03-19 09:37:34 0 0 0 24368 Waynenelson9@gmail.com 198.228.228.154 2013-03-10 22:54:57 2013-03-11 03:54:57 0 0 0
    Federal Court holds Idaho Abortion Restrictions Unconstitutional http://westreferenceatt.3fivelab.com/2013/03/federal-court-holds-idaho-abortion-restrictions-unconstitutional/ Thu, 07 Mar 2013 21:55:14 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7042 2013 WL 823318 (D. Idaho Mar. 6, 2013). The effect of Idaho’s abortion statutes essentially prevented legal abortions after 20 weeks gestation by making it a felony to perform an abortion after 20 weeks unless performed in a hospital and done “in the best medical interest” of the pregnant woman (as determined by a physician). The court also struck down statutes that require first trimester abortions be performed by a physician in a “properly staffed and equipped” office or clinic, to require the physician to “make satisfactory arrangements with one or more acute care hospitals within reasonable proximity,” and the requirement that all second trimester abortions to be performed in a hospital. The court noted that requiring the procedure to be performed in the hospital was a substantial obstacle, and had previously been addressed twice by the U.S. Supreme Court, holding that “prohibiting outpatient procedures in a clinic after the first trimester was an impermissible burden on a woman’s right to an abortion.” Regarding first trimester abortions, the court held that the language of the statutes requiring “satisfactory arrangements” and “proper” staffing were unconstitutionally vague. The court expressed concern that the statutes could have a chilling effect on physician’s practice. The court determined that the PUCPA’s restrictions place “not just a substantial obstacle, but an absolute obstacle, in the path of women seeking such abortions.” McCormack v. Hiedeman, 4:11-CV-00433-BLW, 2013 WL 823318 (D. Idaho Mar. 6, 2013). The court held the law as unconstitutional as an “insurmountable obstacle in the path of women seeking an abortion after twenty weeks, but before the fetus has attained viability.” The fact that that statute “embodies a legislative judgment equating viability with twenty weeks’ gestational age” creates a problem, because doing so has been expressly forbidden by the Supreme Court. The court noted that Idaho’s own Attorney General had opined that the law was unconstitutional for this reason. RESEARCH REFERENCES

    Case: 2013 WL 82331

    Statutes: I.C. § 18-606, I.C. § 18-608

    Idaho AG Opinion: 1993 Idaho Op. Atty. Gen. 5

    ]]>
    7042 2013-03-07 15:55:14 2013-03-07 21:55:14 open open federal-court-holds-idaho-abortion-restrictions-unconstitutional publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url 24371 arlenemoriarty@zoho.com http://www.cars.com 192.210.223.187 2013-06-07 11:40:05 2013-06-07 16:40:05 0 0 0 24370 madison-harris@arcor.de http://www.cars.com 23.19.163.129 2013-05-19 02:23:22 2013-05-19 07:23:22 0 0 0
    Yoga Leads to Litigation http://westreferenceatt.3fivelab.com/2013/03/yoga-leads-to-litigation/ Thu, 07 Mar 2013 21:38:02 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7045 Research References: To pull up the complaint in this case: Sedlock v. Baird, 2013 WL 659082 (Superior Court of California, San Diego County, Complaint dated February 20, 2013) Sample searches for other content on this issue:

    yoga meditat! /25 school /25 religi! (53) Search Type: Boolean T&C Content: Cases Jurisdiction: All State & Federal

     SD(yoga)  (2) Search Type: Boolean T&C Content: Regulations Jurisdiction: All State & Federal

    ]]>
    7045 2013-03-07 15:38:02 2013-03-07 21:38:02 open open yoga-leads-to-litigation publish 0 0 post 0 topsy_short_url _topsy_long_url _slidedeck_slide_title _edit_last topsy_short_url _topsy_long_url 24372 VandebrinkBaldi44@gmail.com http://bikramlasvegas.com/benefits.htm 24.234.68.70 2013-04-09 16:04:29 2013-04-09 21:04:29 0 0 0
    Growler Legislation http://westreferenceatt.3fivelab.com/2013/03/growler-legislation/ Wed, 13 Mar 2013 19:35:25 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7059 breweries have been opening at a rapid rate in recent years. Many breweries sell Growlers, a container (often 64 ounces, though it can vary) that can be filled directly from the tap at a brewery to be taken home. The website beeradvocate.com has a nice explanation and history of what a growler is. Minnesota statutes currently provide that a brewery can sell growlers as long as they produce fewer than 3,500 barrels in a year, and even then, only 500 of those barrels can be used for growlers. M.S.A. § 340A.301. If a brewery produces more than 3,500 barrels in a year, they are prohibited from selling growlers at all. Because of the growing popularity of craft beer, this is becoming a problem for some local breweries. City Pages noted in a recent article that one local, popular brewery, Surley Brewing Company, has already exceeded that limit and has had to stop selling growlers from their local taproom.  Small brewers are concerned that the current law will impact their business growth. New legislation has been proposed in Minnesota aiming to amend the existing statute to raise the cap on the current 3,500 barrel restriction to 250,000 barrels. 2013 Minnesota House File No. 1198. You can find information about the movement behind this legislation at www.savethegrowler.org. A simple search for growler on WestlawNext in proposed and enacted legislation delivers 43 results.  Here they are by state: In most jurisdictions, a "Growler" means
    a reusable container that is capable of holding up to 64 fluid ounces of beer and is designed to be filled and sealed on premises for consumption off premises.".
    2011 DC L.B. 1101 (NS), 2011 Washington DC Legislative Bill No. 1101, Washington DC Council Period Nineteen
      So, you might try a broader search: adv: growler (half-gallon (64 +3 ounces oz) and alcohol beer intox! liquor spirit).  This query delivers 86 results:       ADDITIONAL RESEARCH REFERENCES - News I ran a search in news to see recent articles about growlers. I started with a very general search:

    BEER /25 GROWLER & DA(LAST 2 YEARS)

    I retrieved a little over 1,200 results, including:

    GROWLERS AN OPTION FOR TOTING CRAFT BEERS, Arizona Daily Star, 2012 WLNR 22016291

    Walkerville Brewery Launches Custom Growler Series with Roasted Chestnut Brown Ale, Canadian Beer News (Blog), 2012 WLNR 26834095

    Growlers offer better beer taste, less waste, Air Force Times, 2012 WLNR 1034992

    JUG LIFE, Chicago Tribune, 2013 WLNR 2551922

    So how about a search focusing on legislation and growlers?

    BEER /25 GROWLER /250 LEGISLAT! & DA(LAST 2 YEARS)

    There are 123 results with this search in News. Some of our results include:

    A growing movement to widen growler sales, Baltimore Sun, 2012 WLNR 2651272

    Del. lawmakers eye beer sales, 3/7/13 AP Alert

    Legislature says: Drink up!, Seattle Post-Intelligencer, 2011 WLNR 7835570

    County growler measure faces criticism, Baltimore Sun, 2012 WLNR 4269339

    Brewers cheer on growler bill, The News Journal, 2013 WLNR 5771499

    Small Florida breweries seek to change state law restricting size of to-go 'growlers', The Florida Times-Union, 2013 WLNR 5782316

    ]]>
    7059 2013-03-13 14:35:25 2013-03-13 19:35:25 open open growler-legislation publish 0 0 post 0 _topsy_long_url topsy_short_url _topsy_long_url _slidedeck_slide_title _edit_last topsy_short_url
    Minimum Wage Laws & Legislation http://westreferenceatt.3fivelab.com/2013/03/minimum-wage-laws-legislation/ Tue, 19 Mar 2013 18:47:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7065 2013 WLNR 3560204.  Several other states have seen recent proposals to increase minimum wages on the state level. Minnesota Governor Mark Dayton supports an increase in their minimum wage, which currently sits below the federal rate of $7.25.  Minnesota’s minimum wage is currently $6.15 an hour for large employers, and $5.25 for small employers. M.S.A. § 177.24. Governor Dayton supports an increase to $9.00 or $9.50 an hour. Supporters of minimum wage increases argue that wages would help minimum wage earners, and allow them to generate more economic activity. 2013 WLNR 4916827. Those opposing minimum wage hikes argue that raising the minimum wage will severely impact businesses, and curtail job creation. 2013 WLNR 4360179. You can check out the proposed Minnesota legislation on raising the minimum wage  by pulling up the current statute:  M.S.A. § 177.24.  Click on the yellow flag to view the pending proposed legislation. The most recent version available appears first.  As of March 15, that was 2013 MN H.F. 92 (NS).   50 STATE SURVEYS A 50-state survey of US Minimum wage law can be found here on Westlaw: 0060 SURVEYS 14. This document lists each state and directs you to where the relevant statutory section(s) are located in each jurisdiction. Interestingly, nearly half of the cited statutes have yellow KeyCite flags indicating they are subject to some proposed legislation. You can simply view the KeyCite information for each statute or, try a simple search for minimum wage in proposed/enacted legislation:

    MINIMUM /2 WAGE & DA(2013)

    You might try this method because, not all states have existing minimum wage statutes.  Note, for example, when you filter for Mississippi, the query delivers what some have called a Republican response to President Obama's proposals:

    2013 MS S.B. 2473 (NS)

    [caption id="attachment_7110" align="alignnone" width="614"] CLICK TO ENLARGE[/caption] The 50-state survey also includes a PDF with a table outlining both the rates and sub-minimum rates for each state.   SECONDARY SOURCES on TIPS There has been discussion about the role of tips in regards to minimum wage laws. Some argue that there should be an exception for minimum wage requirements for restaurant servers’, who receive tips in addition to hourly wages. The majority of minimum wage laws include what are known as “tip credits” that allow employers to pay employees receiving tips less than minimum wage. 2013 WLNR 5365004. I ran a search in secondary materials to find articles discussing the role of tips as related to minimum wage laws. I suspected there might be a lot of results, so I started by just looking in one of our more popular secondary resources, American Law Reports (ALR). I click on “Secondary Sources” from the home page, and then “American Law Reports.” I ran the following search in ALR:

    TIP /25 MINIMUM /2 WAGE

    There are 26 articles, including:

    Tips as Wages for Purposes of Federal Fair Labor Standards Act, 46 A.L.R. Fed. 2d 23

    Tips as Wages for Purposes of State Wage Laws, 61 A.L.R.6th 61

    Validity of statute or regulation in respect of tips, 147 A.L.R. 1039

    Applicability of sales tax to "tips" or service charges added in lieu of tips, 73 A.L.R.3d 1226

    In all Secondary Sources, I limited my search by forcing the terms to appear in the title or preliminary field(s):

    TI,PR(TIP /25 MINIMUM /2 WAGE)

    There are 140 results, including:

    Tip credit, 1 Wage and Hour Law § 8:25

    Tips, 1 Guide to Employment Law and Regulation § 12:13

    How federal rules on tips are applied, 3 Emp. Coord. Compensation § 17:53

    Pooled tips, 3 Emp. Coord. Compensation § 17:57

     ]]>
    7065 2013-03-19 13:47:46 2013-03-19 18:47:46 open open minimum-wage-laws-legislation publish 0 0 post 0 topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_long_url 24373 Doorn94@mail.com http://bid-ninja.com/quibids-win-on-quibids-using-this-free-plugin/ 37.59.240.13 2013-04-09 22:50:22 2013-04-10 03:50:22 0 0 0
    On Your Mark, Get Set, Go! The Race to the Patent Office Is On http://westreferenceatt.3fivelab.com/2013/03/on-your-mark-get-set-go-the-race-to-the-patent-office-is-on/ Tue, 19 Mar 2013 16:34:30 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7066 Pub. L. No. 112-29). Although President Obama signed the Act into law way back in September 2011, Section Three of the Act—which comprises the first-to-file overhaul—by its terms does not take effect until March 16, 2013.  The eighteen-month delay allowed the U.S. Patent & Trademark Office to adopt rules and regulations to implement the law. Key to understanding the first-to-file scheme is the concept of “effective filing date,” which Section Two of the America Invents Act defines as:
    [T]he actual filing date of the patent or the application for the patent containing a claim to the invention; or . . . the filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority . . . or to the benefit of an earlier filing date. . . .
    The date of invention is no longer relevant; all that signifies is the effective filing date, as demonstrated by Section Three of the Act, which amends Title 35, Section 102(a) of the U.S. Code to read:
    A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or (2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.

    35 U.S.C. § 102(a) (emphasis added).

    While shifting importance from the date of invention to the date of filing, the Act does, however, provide several exceptions, to be codified in 35 U.S.C. § 102(b).  Most notable is the one-year grace period proscribing an inventor’s disclosure prior to filing an application to be considered prior art to the claimed invention so long as the disclosure was made not more than one year before the effective filing date.  This grace period prevents the U.S. from practicing a true first-to-file system like other countries.  And, thus, inventors should not rely on the one-year grace period if they will be seeking foreign as well as U.S. protection—because the pre-filing disclosure will absolutely bar patent protection in foreign countries.  Consider filing a provisional application, at the very least, before such a disclosure to maintain the ability to pursue a foreign patent.   RESEARCH REFERENCES: To review all sections of the U.S. Code and Code of Federal Regulations that have been affected by the America Invents Act, try running the following query, which searches the Credits and Historical Notes fields of those content sets for the Public Law number:

    QueryCR,HN(112-29)

    Content: Statutes, Regulations

    Jurisdiction: All Federal

    Additionally, I have put together a general query to search for the Act by any of its names, in the alternative:

    Query: "america invents act" leahy-smith (P.L. Pub.L. (P. Pub. Public +2 Law L.) +2 112-29)

    You could run this query, for instance, in the Proposed & Adopted Regulations content area, and search within for DA(aft 09/15/2011).  Sort by date to retrieve the U.S. Patent & Trademark Office’s examination guidelines (78 Fed. Reg. 11059-01) and final rules relating to the Act’s implementation (see, e.g., 78 Fed. Reg. 11024-01, which explains how the Patent Office will treat nonprovisional applications filed on or after March 16, 2013, but claiming priority to an earlier application filed under the first-to-invent regime).  ]]>
    7066 2013-03-19 11:34:30 2013-03-19 16:34:30 open open on-your-mark-get-set-go-the-race-to-the-patent-office-is-on publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url
    Chemically inducing the truth: Use of truth drugs in criminal proceedings http://westreferenceatt.3fivelab.com/2013/03/chemically-inducing-the-truth-use-of-truth-drugs-in-criminal-proceedings/ Thu, 14 Mar 2013 17:02:32 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7080 2013 WL 905223.  The UK’s The Guardian announced “Judge approves use of 'truth serum' on accused Aurora shooter James Holmes.”  Is this a new and shocking affront to the criminal defendant’s right against self-incrimination? Actually, the judge’s advisory notice refers the defendant’s attention to the existing Colorado statutory scheme regarding mental examinations.  C.R.S.A.  § 16-8-106 sets forth the requirements for examination of a defendant entering an insanity plea or mental impairment defense.  Specifically, § 16-8-106(3)(b) authorizes the “narcoanalytic interview,” more popularly referred to as use of “truth drugs” or “truth serum.”  This isn’t a new provision — it’s been on the books in Colorado for nearly 30 years (see the 1983 text amenemdnts). Pharmacologically-enhanced mental examinations aren’t a new idea.  One early case on the subject arose in California, People v. Jones, 266 P.2d 38 (1954), where the court observed that “[while] it is questionable whether the results of examinations made while a person is subject to the ‘truth drugs' are admissible in evidence..., that conclusion is correct only if the statements are offered for the purpose of proving the truth of the matter asserted.”  Interestingly, in Jones the objected-to testimony was being offered by the defendant, not the prosecution—the defendant was introducing expert analysis that he was not a “sexual deviate” under then-applicable law.   In fact, quite a few of the cases addressing the admissibility of drug-induced statements have arisen where the defendant, not the prosecution, sought admission.  For example, Jones was subsequently relied upon in People v. Cartier, 335 P.2d 114 (1595), holding that it was error for the trial court to exclude the defense expert’s opinion that the defendant was insane at the time the offense was committed, where that report was based in part on the defendant’s answers under the influence of sodium pentathol, because the defendant’s statements were not being offered for the truth of the matter asserted. Unsurprisingly, where it comes to proving the truth of the matter, courts seem to have uniformly refused to admit testimony obtained with truth serum.  Such testimony tends to be grouped alongside lie detector tests and testimony under hypnosis.  See as examples State v. Conley, 627 P.2d 1174 (Kansas), and Dean v. State, 636 S.W.2d 8 (Texas). RESEARCH REFERENCES I ran the following search on WestlawNext to find a wealth of materials on this issue:

    guilty plea “truth serum”

    One helpful result from Secondary Sources is an ALR on “Physiological or psychological truth and deception tests,” 23 A.L.R.2d 1306, which brings together cases concerning use of lie detector tests and truth serums from across the country.  There are also a number of state-specific results in Secondary Sources which can help point you to authority in your jurisdiction. There are also a number of interesting medical journal abstracts on Westlaw Classic. Try,

    ti("truth serum" "truth drug")

    For example, see MEDLINE 16184018 from the University of Illinois:
    This essay reconstructs a social and cultural history of "truth serum" in America during the 1920s and 1930s, ... The paper also argues that truth serum helped develop an account of memory as a permanent record of experience, accessible through altered states of mind. This view contributed to the production of a public understanding of memory that both diverged from previous claims about memory and recall, and ran counter to the direction of current psychological research. It thus helped lay the groundwork for claims about memory permanence and scientific recall techniques later in the twentieth century.
    ]]>
    7080 2013-03-14 12:02:32 2013-03-14 17:02:32 open open chemically-inducing-the-truth-use-of-truth-drugs-in-criminal-proceedings publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url
    Another Setback for "Mr. Brainwash" http://westreferenceatt.3fivelab.com/2013/03/another-setback-for-mr-brainwash/ Wed, 20 Mar 2013 14:28:53 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7103 th the U.S. District Court for the Central District of California granted partial summary adjudication against documentary star and appropriation artist Thierry Guetta, a.k.a. “Mr. Brainwash.” (2013 WL 440127).  Guetta was accused of copyright infringement for his seven artworks derived from Dennis Morris’s photograph of Punk icon Sid Vicious. From the complaint, the original:

    From the complaint, the derivative work:

    The court ruled that Guetta, whose dubious rise to fame is featured in the 2010 art documentary Exit Through the Gift Shop, failed to demonstrate that his use of Morris’s photograph was “transformative” to meet the “fair use” exception:
    An artist is not required to compromise his or her artistic vision merely because the artist could have made a similar statement in a non-infringing way. However, the artist must provide a sufficient justification for using another's copyrighted material in effecting the artist's vision. Such a justification could be based on making a commentary on the material used in the other work, i.e., parody. It could also be based on a clear articulation of how using the material served the artist's objective beyond merely saving the artist time or effort, i.e., satire.
    This is not Guetta’s first time defending his appropriation of another’s photo.  He was sued at least twice before (also in C.D. CA) for copyright infringement for using photos of Run DMC (Friedman v. Guetta, 2:10-CV-00014 ) and Jimi Hendrix (Estate of Marshall v. Guetta, 2:12-CV-03423). Track Morris v. Guetta on WestlawNext with a Docket Track at  2:12-CV-00684.  Also, the docket and Westlaw versions of many of the pleadings are available at the decision, 2013 WL 440127.  ADDITIONAL RESEARCH REFERENCES Each of William Patry's treatises on copyright has a section dedicated to appropriation art:

    Patry on Fair Use: PATRYFAIR 3:59

    Patry on Copyright:  PATRYCOPY 10:100

    In both, Patry cites a 2000 George Mason Law Review article by William Landes.  See Copyright, Borowwed Images, and Appropriation Art: An Economic Approach 9 GMLR 1.

       ]]>
    7103 2013-03-20 09:28:53 2013-03-20 14:28:53 open open another-setback-for-mr-brainwash publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url 24374 LolaRoemer@mailinator.com http://. 151.237.189.244 2013-06-28 03:35:05 2013-06-28 08:35:05 0 0 0
    First Sale Doctrine Affirmed http://westreferenceatt.3fivelab.com/2013/03/first-sale-doctrine-affirmed/ Tue, 19 Mar 2013 16:59:38 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7112 "first sale" doctrine in copyright, and the challenge faced in the Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc. as it applies to goods of foreign manufacture that are purchased abroad and then re-sold in the United States.  Today, the Supreme Court issued its opinion: the “first sale” doctrine applies to copies of a copyrighted work lawfully made abroad. You can find the decision on Westlaw at 2013 WL 1104736.  Justice Breyer delivered the opinion of the Court. Justice Kagan filed a concurring opinion, in which Justice Alito joined. Justice Ginsburg filed a dissenting opinion, in which Justice Kennedy joined and Justice Scalia joined in part.]]> 7112 2013-03-19 11:59:38 2013-03-19 16:59:38 open open first-sale-doctrine-affirmed publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url Unforgivable Blackness: Jack Johnson and the Mann Act http://westreferenceatt.3fivelab.com/2013/03/unforgivable-blackness-jack-johnson-and-the-mann-act/ Tue, 26 Mar 2013 13:00:12 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7124 2013 CONG US SCON 5) seeking a posthumous pardon from President Obama on behalf of former boxing champion Jack Johnson. For those unfamiliar with Johnson, he became boxing’s first African-American heavyweight champion after defeating Tommy Burns in 1908. However, it wasn’t until Johnson retained his title by defeating all-time great Jim Jeffries in 1910 that he truly drew the ire of white society. The defeat of Jeffries led to race riots nationwide in which numerous blacks were murdered. In 1912, while married to a white woman named Lucille Cameron, Johnson was arrested by federal marshals and charged with violating the Mann Act (18 U.S.C. 2421) for crossing state lines with Belle Schreiber for immoral purposes. Johnson was convicted and sentenced to a year and a day in prison. Initially, Johnson fled the country to avoid prison. However, he later returned and completed his sentence at Leavenworth Penitentiary. Passed in 1910, the Mann Act (also known as the White Slave Traffic Act) intended to prevent women from being lured into prostitution. However, the language in the Act, which made it illegal to transport any woman or girl across state lines for immoral purposes, provided an avenue to make even some consensual sex illegal. Many believe Johnson’s arrest and subsequent conviction were racially motivated. Furthermore, law enforcement conveniently ignored the fact that Johnson and Schreiber engaged in their acts prior to the passing of the Act. (For authority on ex post facto laws see Calder v. Bull at 3 U.S. 386.) Jack Johnson died in a car crash in North Carolina in 1946. In my opinion his pardon is long overdue. It’s never too late to right a past wrong. RESEARCH REFERENCES: To locate prior resolutions submitted to congress regarding Jack Johnson, you can run the following:

    "John Arthur Jack Johnson" (10) Search Type: Plain Language Content: Congressional Bills - Proposed & Enacted Legislation

    For additional information on the topics discussed in this article, the following queries may be run on WestlawNext:

    Posthumous Pardon

    "posthumous pardon" (80) Search Type: Plain Language Content: Secondary Sources Jurisdiction: All State & Federal

    adv: grant! +s "posthumous pardon" (9) Search Type: Boolean T&C Content: Overview Jurisdiction: All State & Federal

    Ex Post Facto Laws

    adv: TI("ex post facto" /5 law /s constitution!) (27) Search Type: Boolean T&C Content: Secondary Sources Jurisdiction: All State & Federal

    adv: SY,DI("ex post facto" /5 law /5 prohibit! /5 constitution!) (72) Search Type: Boolean T&C Content: U.S. Supreme Court Cases Jurisdiction: U.S. Supreme Court

    Mann Act

    adv: TI("mann act") (15) Search Type: Boolean T&C Content: Secondary Sources Jurisdiction: All State & Federal

    ]]>
    7124 2013-03-26 08:00:12 2013-03-26 13:00:12 open open unforgivable-blackness-jack-johnson-and-the-mann-act publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url 24375 http://www.city-data.com/forum/politics-other-controversies/1932412-why-prostitution-illegal.html#post30965596 173.193.22.22 2013-08-14 19:26:26 2013-08-15 00:26:26 0 pingback 0 0
    Challenging Proposition 8: Hollingsworth v. Perry http://westreferenceatt.3fivelab.com/2013/03/challenging-proposition-8-hollingsworth-v-perry/ Mon, 25 Mar 2013 13:38:47 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7128 Hollingsworth v. Perry.  This case, famously, challenges California's Constitutional ban on marriages between same-sex couples, most commonly referred to as Proposition 8.   California is only one of thirty states to constitutionally define marriage as being between one man and one woman. It's possible that all of these amendments would be overturned by a Supreme Court decision invalidating California's ban.   One of the most interesting things to me about Proposition 8 is that, like most other bans on same-sex marriage, it was passed by referendum.  This is where it gets its name (presumably, there were 7 other propositions preceding it, and a few more following it).   These propositions can sometimes pose problems for researchers because their eventually statutory or constitutional cite might be unrelated to the proposition number used in the popular press to describe them.  (For example, very few people would know what you were talking about if you said "Article 1, Section 7.5 of the California Constitution," even though it's the same thing as Prop. 8).   The citation for Prop. 8 on Westlaw is CA CONST Art. 1, § 7.5.  It currently has a red flag, reflecting the 9th Circuit's holding that the ban is unconstitutional (See Perry v. Brown, 671 F.3d 1052).   RESEARCH REFERENCES   The Reference Attorney Blog last covered the Prop. 8 litigation way back in August of 2010, when it was just leaving the District Court.   To find all of the same-sex marriage bans on WestlawNext, I did an advanced search on the Statute & Court Rules page with All States selected as my jurisdiction.  I entered the following: "Constitution" in the Preliminary field and "Marriage & Man & Woman" in the Statutory Text field.  This yields 31 results for 30 states, as the Arkansas amendment is spread across 2 sections.   For most states, if an amendment was added by ballot initiative, there's a note in the Credits line.  To find them, just search for "Constitution" in the preliminary field, and in the credits field, try "amendment"  "election" "Initiative" "initiated" "measure" "prop." "proposal" "petition".  This method can also work for non-constitutional popular initiatives if you just take out the preliminary field restriction.   Some states include the proposal or initiative number in the credits field.  To find where Washington State's I-1000 (a locally notable ballot initiative from 2008 concerning the right to die) was codified, I just used the following search in Washington State: advanced: CR("amendment" "election" "Initiative" "initiated" "measure" "prop." "proposal" "petition" /s 1000).   Finally, if you're interested in the Perry case, as I mentioned above, the 9th Circuit opinion, Perry v. Brown, is available at 671 F.3d 1052. The original District Court opinion, Perry v. Schwarzenegger, can be found at 704 F.Supp.2d 921. A Writ of Cert was granted in Hollingsworth v. Perry (I personally love how the case name has changed at each stage of the litigation, just to make it extra-hard to follow), it can be found at 133 S.Ct. 786.  Much of the Supreme Court and lower court briefing is available at that cite as well.  The Supreme Court is expected to hand down a decision in June.]]> 7128 2013-03-25 08:38:47 2013-03-25 13:38:47 open open challenging-proposition-8-hollingsworth-v-perry publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url School lunch legislation & litigation http://westreferenceatt.3fivelab.com/2013/03/school-lunch-legislation-litigation/ Fri, 08 Mar 2013 16:30:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7147 discussing subsidized school lunches. The post referenced legislation proposing to expand the subsidized school lunch program in Minnesota. The Star Tribune notes that currently, some families qualify for free lunch, and others qualify for lunch at a reduced price, but the legislation would allow for those qualified for reduced price lunches to now get it for free. 2013 MN S.F. 146 (NS) The National School Lunch Act helped to establish federal programs providing for free or reduced lunches for students at participating schools. Because I frankly don’t know a lot about how free or reduced lunch programs work, or their history, I decide to run a plain language global search and see what might be available to provide as an introduction on the issue.

     SCHOOL LUNCH PROGRAM

    I look first to secondary sources, as those tend to be the best place to look for an introduction to a topic.  One of my very first results is an ALR, which can be a wonderful resource that provides a comprehensive review of major points of law on a topic.

    Construction and application of National School Lunch Act (42 U.S.C.A. § 1751 et seq.) and Child Nutrition Act of 1966 (42 U.S.C.A. § 1771 et seq.) 14 A.L.R. Fed. 634 (Originally published in 1973)

    The article outline shows that it covers a variety of federal statutes and regulations, including the National School Lunch Act, and The Child Nutrition Act of 1966. It also has sections on definitions, constitutional challenges, standards and requirements, and a section discussing applicability of state laws to the federal programs. The introduction to the article mentions that the National School Lunch Act and Child Nutrition Act of 1966 provide programs of “grants-in-aid to the states” to provide “breakfasts and lunches for all children in the participating schools and institutions at a cost lower than could normally be expected…and by providing breakfasts and lunches for needy children in such schools at either greatly reduced cost or at no cost to the pupils or their families.” Another result was 67B Am. Jur. 2d Schools § 360, a general overview of the topic of School Lunch Programs. I clicked on the link to the Table of Contents from the AMJUR article, because I know AMJUR can be really good for providing a quick overview of topics. From the table of contents, I see the next section is about participation in the programs 67B Am. Jur. 2d Schools § 361. There are subsequent sections for program requirements, and AMJUR also covers other nutrition programs, such as school breakfast programs. Back on the Result List, I also see several articles from the title “Children and the Law: Rights and Obligations.”

    Federal school lunch program – Adoption of National School Lunch Act (NSLA) 2 Children & the Law: Rights and Obligations § 9:33

    Federal school lunch program – Litigation concerning amendments 2 Children & the Law: Rights and Obligations § 9:37

    I click into the “Litigation concerning amendments” article and browse. The article discusses a 1972 class action case out of Rhode Island where it was argued that “there were needy children who resided in participating school districts who had a statutory right to receive a free or reduced price school lunch.” 2 Children & the Law: Rights and Obligations § 9:37. The accompanying footnote takes me to Davis v. Robinson, 346 F. Supp. 847 (D.R.I. 1972), which was a class action involving students whose schools were not included in the Rhode Island School Lunch Program, despite need. The court ruled that the intent of legislature was to provide school lunches to the neediest children first, and so:

    “…the refusal by defendants to establish School Lunch Programs in the neediest schools first, of the participating school districts, and to provide free lunches to the neediest children first, in participating school districts, is violative of the National School Lunch Act and the regulations promulgated thereunder.” Davis v. Robinson, 346 F. Supp. 847, 858 (D.R.I. 1972)

    The article mentions a few other cases; one out of Ohio (Jones v. Bd. of Ed., Cleveland City Sch. Dist., 348 F. Supp. 1269) which ruled similarly to the Rhode Island case. And another from New York (Justice v. Bd. of Ed., 351 F. Supp. 1252), which held that participating school districts should provide lunches to all schools that have children eligible under the income poverty guidelines. Then, the articles notes that the Ninth Circuit, in Richmond Welfare Rights Org. v. Snodgrass, 525 F.2d 197, interpreted the legislation very differently, finding:

    “The National School Lunch Act does not require that free or reduced price lunches be provided every eligible child within a district. The Act requires only that every eligible child attending a school participating under the Act be *208 provided a free or reduced price lunch.” Richmond Welfare Rights Org. v. Snodgrass, 525 F.2d 197, 207-08 (9th Cir. 1975)

    The article goes on to argue that the Ninth Circuit ignored important legislative history, and the obvious goals of the legislation. I decide to go back to my result list and check out the case law results. Within the first five results, I see three cases mentioned earlier in the Children & the Law article: Davis v. Robinson, 346 F. Supp. 847; Justice v. Bd. of Ed., 351 F. Supp. 1252; and Richmond Welfare Rights Org. v. Snodgrass, 525 F.2d 197. The Ohio case (Jones v. Bd. of Ed., Cleveland City Sch. Dist., 348 F. Supp. 1269), is 7th in the result list. This tells me that our plain language search has probably done a good job of pulling back some of the more important cases out there on this topic.]]>
    7147 2013-03-08 10:30:06 2013-03-08 16:30:06 open open school-lunch-legislation-litigation publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url
    You won't find this on Baidu.com: Service of process & the Hague Convention http://westreferenceatt.3fivelab.com/2013/03/you-wont-find-this-on-baidu-com-service-of-process-the-hague-convention/ Wed, 27 Mar 2013 15:46:55 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7162 dismissed a suit brought by pro-democracy advocates against the People’s Republic of China and Chinese search engine service Baidu.com.  Zhang v. Baidu.com Inc., 2013 WL 1195257. The complaint alleged civil rights violations under federal and New York law for conspiring to suppress the plaintiffs' political speech.  The reason for the dismissal?  Neither China nor Baidu were properly served. The case provides a nice illustration of the difficulty of attempting to hail foreign defendants into court in the United States.  The plaintiffs attempted to effect service through the Chinese Ministry of Justice, which is the designated Central Authority for China under the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents. (For the Hague Convention text, see  20 U.S.T. 361.) The Chinese Ministry of Justice returned the request for service, stating that “execution of the request would infringe the sovereignty of the People’s Republic of China” and citing Article 13 of the Hague Convention.  The plaintiffs then tried to serve the summons and complaint via FedEx, which was refused by the Chinese Ministry of Justice but successfully delivered to one Baidu office where an employee signed for it. The crux of the decision is that the court lacks jurisdiction to address the question of whether China properly invoked Article 13 of the Hague Convention, because disputes under the Convention must be settled through diplomatic channels.  The court is very dismissive of the plaintiffs attempts to sidestep this requirement—whether the defendants had actual notice of the suit has no bearing because they properly objected to service under the Hague Convention, and the Convention conditions for default judgment were not met.  The court does leave open the question of whether alternative service, such as service upon counsel, might be available as to Baidu under FRCP 4(f)(3). RESEARCH REFERENCES

    To find further discussion of international service of process, I ran the following plain language search:

    "hague convention" "service of process"

    The U.S. Supreme Court addressed service under the Convention in Volkswagenwerk Aktiengesellschaft v. Schlunk, 108 S.Ct. 2104 (1988).  One key concept is that the Hague Convention does not itself describe standard for determining legal sufficiency of delivery of service of process; on these questions, internal law of forum state controls.

    You can find some excellent discussion in Federal Practice and ProcedureFPP § 1133 generally outlines service on individuals abroad, and subsequent sections address manner of service (FPP § 1134), who may serve process in the foreign country (FPP § 1135), and proof of service (FPP § 1136).

    ]]>
    7162 2013-03-27 10:46:55 2013-03-27 15:46:55 open open you-wont-find-this-on-baidu-com-service-of-process-the-hague-convention publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url 24376 YeltonSonier8382@gmail.com http://www.youtube.com/watch?v=iqSgiV9SwWs 69.74.111.206 2013-07-26 13:04:27 2013-07-26 18:04:27 0 0 0
    Minnesota Law Professor Arrested in Rwanda http://westreferenceatt.3fivelab.com/2010/06/minnesota-law-professor-arrested-in-rwanda/ Mon, 07 Jun 2010 12:42:28 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=901 http://www.thirdworldtraveler.com/East_Africa/Rwanda_Genocide_Coverup.html]]> 901 2010-06-07 07:42:28 2010-06-07 12:42:28 open open minnesota-law-professor-arrested-in-rwanda trash 0 0 post 0 jd_tweet_this _edit_last Do any of you recall the days when there were less recalls? http://westreferenceatt.3fivelab.com/2010/06/do-any-of-you-recall-the-days-when-there-were-less-recalls/ Sat, 05 Jun 2010 04:24:58 +0000 Vincent http://westreferenceattorneys.com/?p=910 recall 12 million “Shrek” drinking glasses after Federal regulators found the glasses to contain the toxic metal cadmium.  With all of the recalls that come out it can be hard to keep up.  Products liability seems to make it in the news on a weekly basis.  There is an easy way to access recent cases regarding products liability on Westlaw.  Use the WESTLAW Topical Highlights - Products Liability database (WTH-PL).  When you put WTH-PL into a search for a database box and click go there are already recent results waiting for you.  Then if you want to run your own search you can just click edit search and go from there.  The database is also helpful because the results you get are summaries which make for an efficient research session.]]> 910 2010-06-04 23:24:58 2010-06-05 04:24:58 open open do-any-of-you-recall-the-days-when-there-were-less-recalls trash 0 0 post 0 jd_tweet_this _jd_tweet_this The "Monsanto Protection Act" http://westreferenceatt.3fivelab.com/2013/04/the-monsanto-protection-act/ Thu, 04 Apr 2013 20:36:11 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7149 SEC. 735. In the event that a determination of non-regulated status made pursuant to section 411 of the Plant Protection Act *232 is or has been invalidated or vacated, the Secretary of Agriculture shall, notwithstanding any other provision of law, upon request by a farmer, grower, farm operator, or producer, immediately grant temporary permit(s) or temporary deregulation in part, subject to necessary and appropriate conditions consistent with section 411(a) or 412(c) of the Plant Protection Act, which interim conditions shall authorize the movement, introduction, continued cultivation, commercialization and other specifically enumerated activities and requirements, including measures designed to mitigate or minimize potential adverse environmental effects, if any, relevant to the Secretary's evaluation of the petition for non-regulated status, while ensuring that growers or other users are able to move, plant, cultivate, introduce into commerce and carry out other authorized activities in a timely manner: Provided, That all such conditions shall be applicable only for the interim period necessary for the Secretary to complete any required analyses or consultations related to the petition for non-regulated status: Provided further, That nothing in this section shall be construed as limiting the Secretary's authority under section 411, 412 and 414 of the Plant Protection Act.” CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2013, PL 113-6, March 26, 2013, 127 Stat 198 The provision essentially permits the USDA to grant temporary permits for the farming of genetically-engineered crops despite a court's holding that the USDA's original approval violates the Plant Protection Act.    Critics jumped on the provision, arguing that “[e]liminating judicial power to halt the selling or planting of them essentially cuts off their course to ensuring consumer safety should health risks emerge.” An NPR interview provides some background on the provision which might have been drafted to appease farmers and the bio-tech industry.  They were outraged by the outcome of two recent cases which resulted in the temporary removal of genetically-engineered crops from the market.  In 2007, a genetically engineered alfalfa was removed from the market because of a court action.  In 2009, sugar beets were similarly taken off the market. The case law "back story" referenced in the NPR interview can be found with the following WestlawNext search:

    adv: DA(2007 2009) and san-francisco and u.s.d.a. and sugar-beets alfalfa

    Critics have argued though,  that the provision may be unenforceable because it preempts judicial review.  Additional criticism of the legislation includes disappointment at how the language was added to the resolution.  It has been described as a “hidden backroom deal” that was “slipped in anonymously” while being considered in the Senate Appropriations Committee.  The bill was not brought in front of the Agricultural or Judiciary Committees, an amendment removing the provision was never voted on, and there were no hearings on the language.  The bill's legislative tracking information can be found with this Westlaw citation: 2011 FD H.B. 2112 (NS). Monsanto’s Public Affairs office maintains that the provision “has enjoyed bipartisan support in Congress since June 2012” and that the purpose of the provision “is to strike a careful balance allowing farmers to continue to plan and cultivate their crops subject to appropriate environmental safeguards, while USDA conducts any necessary further environmental reviews.”  ]]>
    7149 2013-04-04 15:36:11 2013-04-04 20:36:11 open open the-monsanto-protection-act publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url 24378 BischSimpson30@googlemail.com http://www.uniformesemcuritiba.com.br 177.132.51.156 2013-06-07 06:23:56 2013-06-07 11:23:56 0 0 0 24377 ptbbwow@gmail.com http://www.51lyq.com/ 222.76.234.233 2013-04-18 21:18:20 2013-04-19 02:18:20 0 0 0
    Proposed reform of the H-1B and L-1 Visas introduced in the Senate http://westreferenceatt.3fivelab.com/2013/04/proposed-reform-of-the-h-1b-and-l-1-visas-introduced-in-the-senate/ Thu, 04 Apr 2013 21:35:28 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7157 2013 FD S.B. 600 (NS) 2009 CONG US S 887  (Note: This 2009 bill is a previous bill introduced by Grassley that is similar to his 2013 bill. The text of the 2013 bill not yet available, but it is supposed to be similar to the 2009 reform bill.) Find information about this bill on WestlawNext by running this search in News and sorting by date:
    adv: grassley /p h-1b /p reform /p visa
    ]]>
    7157 2013-04-04 16:35:28 2013-04-04 21:35:28 open open proposed-reform-of-the-h-1b-and-l-1-visas-introduced-in-the-senate publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url
    Federal Court Strikes Down Point-of-Sale and Age Restrictions on Plan B Emergency Contraceptives. http://westreferenceatt.3fivelab.com/2013/04/federal-court-strikes-down-point-of-sale-and-age-restrictions-on-plan-b-emergency-contraceptives/ Wed, 10 Apr 2013 21:56:20 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7170 Tummino v. Hamburg, 12-CV-763 ERK VVP, 2013 WL 1348656 (E.D.N.Y. Apr. 5, 2013) involves plaintiff organizations and individuals who sought to expand availability of emergency contraceptives to women and girls. They sued in 2005 in response to a denial by the F.D.A. of a Citizen Petition seeking over-the-counter access to Plan B. The court previously vacated that denial and directed the FDA to make Plan B available to 17 year-old adolescents without a prescription. The previous decision declined to go further at the time. In the meantime, the FDA, finishing their review, determined that one type of emergency contraceptive, Plan B One-Step, should be made available to women and girls, with no age restrictions, and without a prescription. Despite this recommendation, Secretary of Health and Human Services, Kathleen Sebelius, disagreed with this recommendation and decided to not allow the drug to be sold without point of sale or age restrictions. Sebelius expressed concern that an 11 year old girl could gain access to the product, and indicated that the studies failed to include data on all ages of potential users.
    The court vehemently disagreed with Sebelius’ decision, noting that her implication that an 11 year-old girl could suffer adverse consequences was just an excuse to restrict women’s access to contraceptives. The court aggressively criticized the decision as politically motivated, and not related to any legitimate safety concerns. In fact, despite the Secretary’s expressed concern over the drug being made available to very young women and girls, the court notes that studies have proven that the emergency contraceptives at issue would be one of the safest drugs available over the counter for the pediatric population. The court noted that traditionally, the FDA has utilized age-based labeling restrictions to address such concerns. Also mentioned was the unlikelihood that emergency contraceptive drugs would be abused, especially in comparison to other drugs available over-the-counter widely known to be abused or misused. In addressing the question as to whether girls of child bearing age under the age of 17 should be allowed over-the-counter access, the court notes that there is evidence supporting older adolescents ability to understand the drug’s labeling and use it correctly, and that restrictions for those under the age of 13 would result in complete denial of access, since younger adolescents typically do not have identification available to verify their age. Point of sale restrictions were deemed arbitrary, since even “riskier” drugs were not burdened with similar restrictions, and Plan B has been established as being safe and effective for use even in the pediatric population.
    Applying the standard of review set forth by the Administrative Procedure Act (APA), the court held that the FDA had arbitrarily and capriciously deviated away from its own policy when denying the Citizen’s Petition, and allowing the Sebelius’ decision to influence their own. They also ruled that the FDA lacked authority to require point-of-sale restrictions where the drug was approved for nonprescription sale and determined to be safe and effective for all women of childbearing age.  
    RESEARCH REFERENCES You can check out the history of the Tummino case by clicking on the “History” tab when viewing the case on WestlawNext. The “History” tab lays out the direct history of the case in graphical format.     There are also a number of filings available for this case. We see 55 Trial court Documents available, and a number of expert court documents available, including expert depositions, affidavits and reports. Of course, we won’t necessarily find analysis of this particular decision in secondary materials quite yet, because we know this litigation has an extensive history, we can check out secondary sources that may have mentioned the case generally, or related decisions.

    adv: tummino and hamburg

    We pull back 10 results in Secondary Sources with that query, including articles discussing judicial review of FDA rules, articles discussing FDA regulations generally, and articles discussing Plan B and related regulation and litigation.]]>
    7170 2013-04-10 16:56:20 2013-04-10 21:56:20 open open federal-court-strikes-down-point-of-sale-and-age-restrictions-on-plan-b-emergency-contraceptives publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url 24379 5GMn3KMDk1P@gmail.com http://www.iproiecte.ro/index.php 50.17.118.152 2013-04-21 03:12:46 2013-04-21 08:12:46 0 0 0
    More on the First Sale Doctrine http://westreferenceatt.3fivelab.com/2013/04/more-on-the-first-sale-doctrine/ Thu, 04 Apr 2013 00:25:56 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7173 Kirtsaeng v. John Wiley & Sons, Inc., 2013 WL 1104736.  Now, the Southern District of New York has held the first sale doctrine does not apply to resales of MP3s.  See Capitol Records v. ReDigi, 2013 WL 1286134. ReDigi, an online music service that sells used digital music files for a reduced price, maintained that it could verify that each MP3 was purchased from a legitimate source, and required the seller to install software that prompted the seller to remove any remaining copy of the song.  The court was not persuaded, however, ruling that ReDigi infringed Capital’s rights to reproduction and distribution by creating new files.  On ReDigi’s First Sale Doctrine defense, the court stated:
     “…the first sale defense is limited to material items, like records, that the copyright owner put into the stream of commerce. Here, ReDigi is not distributing such material items; rather, it is distributing reproductions of the copyrighted code embedded in new material objects, namely, the ReDigi server in Arizona and its users' hard drives. The first sale defense does not cover this any more than it covered the sale of cassette recordings of vinyl records in a bygone era.”
    ADDITIONAL RESEARCH REFERENCES

    There's been a long and robust discussion on the digital first-sale doctrine.  Try this advanced search in secondary sources:

    ti,pr(digital and first-sale)

    Results include a great survey of the issue from the Journal of the Patent and Trademark Office Society by Jonathan C. Tobin:

    Jonathan C. Tobin, Licensing As A Means of Providing Affordability and Accessibility in Digital Markets: Alternatives to A Digital First Sale Doctrine, 93 J. Pat. & Trademark Off. Soc'y 167 (2011)
    The article includes a reference to the  2001 report by the Copyright Office to Congress (pdf) addressing the need for a digital first sale doctrine.  This Office's conclusion looks familiar:
    Unlike the traditional circumstances of a first sale transfer, the recipient obtains a new copy, not the same one with which the sender began. Indeed, absent human or technological intervention, the sender retains the source copy. This copying implicates the copyright owner’s reproduction right as well as the distribution right.
    Section 109 provides no defense to infringements of the reproduction right. Therefore, when the owner of a lawful copy of a copyrighted work digitally transmits that work in a way that exercises the reproduction right without authorization, section 109 does not provide a defense to infringement.
    ]]>
    7173 2013-04-03 19:25:56 2013-04-04 00:25:56 open open more-on-the-first-sale-doctrine publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _topsy_long_url topsy_short_url
    This Is Not an Ad: FTC Revises Its Guidance Document for Online Advertising http://westreferenceatt.3fivelab.com/2013/04/this-is-not-an-ad-ftc-revises-its-guidance-document-for-online-advertising/ Wed, 10 Apr 2013 20:00:05 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7193 ".com Disclosures: How to Make Effective Disclosures in Digital Advertising"  provide greater clarification on issues that have emerged since the report was first published in 2000.   For example, the revised paper addresses how an advertisement’s level of deceptiveness can change if the ad is viewed on a small-screen tablet or smartphone or if constrained in a 140-character tweet.  Remember, Twitter was founded in 2006. These .com-Disclosures are not law; they are an indication of how the FTC will enforce Section 5 of the Federal Trade Commission Act (15 U.S.C.A. 45) .   As the FTC itself cautions, compliance with the updated guidance document is no safeguard from potential liability—not under the FTC Act and especially not under other state or federal laws that may also regulate online ads. Like the original, the revised .com-Disclosures reiterate that online ads are subject to the same tenets of advertising law as an ad displayed via any other type of medium (e.g., print or broadcast).  Any claims made in an ad may be neither false nor deceptive.  False claims cannot be cured; they must be modified or the ad will be found misleading.  Deceptive claims, however, can be cured with an accompanying disclosure that qualifies the claim to ensure reasonable consumers will not be misled -- and the .com-Disclosures  note that misleading even a “significant minority” of reasonable consumers constitutes a violation of the FTC Act.  To be deemed sufficient, the qualifying disclosure must be “clear and conspicuous.” CLEAR AND CONSPICUOUS The clear and conspicuous standard, and how it applies in an online marketplace, comprises the bulk of the revised guidelines.  The FTC first lays out the various factors it might consider when determining the adequacy of a disclosure:  proximity and placement of a disclosure to the claim it qualifies, any elements of an ad that may distract from a disclosure, whether a disclosure ought to be repeated, etc.   Then, it discusses each factor and how advertisers can ensure their disclosures meet the clear and conspicuous standard, given the particular obstacles encountered in an online world.  Helpfully, the FTC also provides examples of both good and bad ads to elucidate its points further. While only a full reading of the updated guidelines will prepare marketers for how the FTC will protect consumers from deceptive digital advertisements, I summarized the major revisions I detected:

    -          Small screens are no excuse for deceptiveness.  Disclosures are more conspicuous if placed near the claim they are qualifying.  Advertisers should avoid requiring consumers to scroll and/or zoom in to view a disclosure, even on tablets or smartphones.  If scrolling is necessary, however, the disclosure ideally should be unavoidable (i.e., the consumer must take an affirmative step before proceeding further through a website).  Providing websites optimized for viewing on mobile devices may alleviate the need to scroll for a disclosure.

    -          Account for consumers’ possible software & hardware settings.  Advertisers should consider whether consumers will have the proper technology to view a disclosure.  For example, a pop-up blocker may thwart an attempt to use pop-ups to disclose necessary qualifying information.  Similarly, consumers may not have the required software, version of software, or plug-in (e.g., Adobe Flash Player) essential to display disclosures on mobile devices.

    -          Space-constrained ads are not immune.  Given the exponential rise in advertising on social media platforms since 2000, it is not surprising the FTC added particular language to the revised .com-Disclosures to clarify how it will view disclosures in such a context.  Simply put, no matter how brief the advertising claim, if it requires a disclosure to avoid deceptiveness the disclosure must be effective.  The .com-Disclosures go into some detail:  (1) suggesting that disclosures be in every ad—for instance, an introductory tweet containing a disclosure may not shield later tweets making deceptive claims, even if the tweets are made in rapid succession; (2) cautioning against using short abbreviations like #ad or #spon to indicate that a message is an advertisement or a sponsored claim; and (3) even proposing that advertisers be cognizant of how their disclosures will appear if a claim is republished by others (hinting, perhaps, at retweets or sharing Facebook® posts).

      Marketers should consider updating their social media policies to reflect the teachings in these updated guidelines, as well as other FTC guidance documents, and continue monitoring the adequacy of their disclosures.  Consider circulating periodic reminders, with representative examples and possible pitfalls, to employees and clients. RESEARCH REFERENCES

    The .com-Disclosures

    The .com-Disclosures are available here.

    Decisions/Commentary

    To view decisions and commentary on the FTC’s disclosure document, try the following query, in either a WestlawNext global search or in our News content:

    Query: "dot com" #.com /3 disclosure guid! & F.T.C. "federal trade commission"

    Jurisdiction:  All Federal

    Sort by date to view the most recent results.

    Also, from this query's results, click the link for  Administrative Decisions & Guidance.  I call to your attention FTC Commissioner Julie Brill’s statement made before the Association of National Advertisers on March 20, 2013 (2013 WL 1187673).  She talks of the recent revisions to the .com Disclosures and admonishes:

    If a particular platform does not provide an opportunity to make clear and conspicuous disclosures, that platform should not be used to disseminate advertisements that require such disclosures.

    Id. (emphasis added).

     Guidelines in the CFR

    The .com-Disclosures references advertising guidance that can be found on everything from jewelry to home insulation.  For the endorsement guidelines see,   16 C.F.R. §§ 255.0 et. seq. 

    ]]>
    7193 2013-04-10 15:00:05 2013-04-10 20:00:05 open open this-is-not-an-ad-ftc-revises-its-guidance-document-for-online-advertising publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url
    Hova In Havana: Controversy Arises over Jay-Z and Beyoncé Trip to Cuba http://westreferenceatt.3fivelab.com/2013/04/hova-in-havana-controversy-arises-over-jay-z-and-beyonce-trip-to-cuba/ Tue, 16 Apr 2013 18:17:46 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7228 22 USCA 7209 and 31 CFR 515.560). Specifically, Senator Marco Rubio accused the Obama administration of not enforcing the tourism ban:
    "U.S. law clearly bans tourism to Cuba by American citizens because it provides money to a cruel, repressive and murderous regime. Since their inception, the Obama Administration's 'people to people' cultural exchange programs have been abused by tourists who have no interest in the Cuban people's freedom and either don't realize or don't care that they're essentially funding the regime's systematic trampling of people's human rights."
    Rubio is not alone in his disapproval. U.S. Representatives Ileana Ros-Lehtinen and Mario Diaz-Balart submitted a letter to Adam Szubin, Director of the Office of Foreign Assets Control, for information pertaining to the travel license issued to Jay-Z and Beyoncé, why the license was approved, and by whom. According to an anonymous source the trip was fully licensed by the U.S. Department of Treasury. Criticism largely derives from the oppressive regime that was pervasive under Fidel Castro. Many Cubans currently residing in the United States were victims of the regime and vehemently oppose activity fueling the continuation of human rights abuses many still face. Not surprisingly, Jay-Z and Beyoncé have declined comment. They got 99 problems but a trip ain’t one. For additional information on travel restrictions in Cuba check out the citing references to both citations or, try the following queries on WestlawNext:

    adv: SY,DI(restrict! limit! prohibit! bar barring law statute regulat! /5 travel! touri! /s cuba) (6) Search Type: Boolean T&C Content: Overview Jurisdiction: All Federal

    adv: TI(restrict! limit! prohibit! bar barring law statute regulat! /5 travel! touri! /s cuba) (2) Search Type: Boolean T&C Content: Secondary Sources Jurisdiction: All State & Federal

    ]]>
    7228 2013-04-16 13:17:46 2013-04-16 18:17:46 open open hova-in-havana-controversy-arises-over-jay-z-and-beyonce-trip-to-cuba publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url
    In Vitro Fertilization http://westreferenceatt.3fivelab.com/2013/04/in-vitro-fertilization/ Thu, 18 Apr 2013 19:09:33 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7233 Washington Post provides:
    “At the same time, because women are paid to donate their eggs or offer their wombs to become surrogate mothers, worries have arisen that the costly procedure has turned reproduction into a commodity. Because infertility clinics are largely unregulated in the United States, critics say many push ethical boundaries. For example, some enable couples to choose the sex of the child.”
    SECONDARY SOURCES I ran the following search in WestlawNext Secondary Sources:

    TI,PR(i.v.f. "in vitro fert!")

    In the first few results I found articles about health plan exclusions regarding IVF:

    Health Plan that Specifically Excluded In Vitro Fertilization Did Not violate California Law,  2009 WL 3936285

    Health Plan Not Obligated to Pay for Teacher's Infertility Procedure9 No. 5 Andrews Health L. Litig. Rep. 5

    There are several articles about employment related issues, including discussion about sex discrimination claims after women expressed intentions to undergo IVF, or took time off to do IVF treatments:

    7th Cir: In Vitro Fertilization Not Gender-Neutral; Secretary May Proceed with Sex Bias Claim, 2008 WL 8850278

    Bar Server Fired After Pursuing IVF Treatement Could Proceed With Her PDA, Title VII Claims, 2011 WL 8828854

    There are also articles addressing problems that have arisen in the IVF process:

    Couple to Sue for Emotional Damages from Embryo Mix-Up, 8 No. 10 Andrews Health L. Litig. Rep. 10

    Fertility Clinic to Face Medical Malpractice Claim, Paretta v. Medical Office for Human Reprod., 10 No. 12 Andrews Health L. Litig. Rep. 5

    Ability of Twins Posthumously Conceived Through in Vitro Fertilization to Qualify for Child Survivor Benefits Under the Social Security Act, 11-18-2011 U.S. Sup. Ct. Actions 4

    ASTRUE V. CAPATO Check out the Citing References from this recent Supreme Court decision: Astrue v. Capato ex rel. B.N.C., 132 S. Ct. 2021, 182 L. Ed. 2d 887 (2012)

    Child of assisted reproductive technology, 2 Family Estate Planning Guide § 33:20 (4th ed.)

    Legal Status of Posthumously Conceived Child of Decedent, 17 A.L.R.6th 593 (Originally published in 2006)

    Genetics and reproductive science, Forensic DNA Evidence: Science and the Law § 13:15

    IVF FOLLOWING DIVORCE  My last thought was about IVF and divorce. Some couples might preserve embryos or preembryos resulting from IVF for later use. What happens to those embryos upon the decision of a couple to divorce? I ran the following search in WestlawNext:

    i.v.f. "in vitro fert!" /250 divorc! dissol!

    A brief glance at some of the initial cases:

    J.B. v. M.B., 170 N.J. 9, 783 A.2d 707 (2001), holding: “former wife's fundamental right not to procreate would be irrevocably extinguished if a surrogate mother bore former wife's child through use of preembryos, and thus, Court would not force former wife to become a biological parent against her will; and (3) agreement regarding disposition of preembryos entered into at time IVF is begun is enforceable, subject to right of either party to change his or her mind about disposition up to point of use or destruction of any stored preembryos.”

    Kass v. Kass, 235 A.D.2d 150, 663 N.Y.S.2d 581 (1997), holding: “(1) informed consent document and uncontested divorce instrument in which parties unequivocally stated their intent as to manner of disposition of cryopreserved fertilized human ova produced during in vitro fertilization procedure governed the disposition of those ova following parties' divorce, and (2) informed consent document required ova to be used by IVF program for scientific purposes following parties' divorce.”

    J.B. v. M.B., 331 N.J. Super. 223, 751 A.2d 613 (App. Div. 2000) aff'd as modified, 170 N.J. 9, 783 A.2d 707 (2001), holding: “that in vitro fertilization (IVF) contract by which former husband and former wife agreed to relinquish control and ownership of embryos to IVF program if their marriage were dissolved was unenforceable.”

    Some secondary source results include:

    Right of Husband, Wife, or Other Party to Custody of Frozen Embryo, Pre–embryo, or Pre–zygote in Event of Divorce, Death, or Other Circumstances, 87 A.L.R.5th 253 (Originally published in 2001)

    Erecting Women: Contracting Parenthood From Marriage To Divorce, Rachel Polinger-Hyman, Erecting Women: Contracting Parentenhood from Marriage to Divorce, 2 Hous. J. Health L. & Pol'y 241 (2002)

    Disposition of Cryopreserved Preembryos after Divorce, Karissa Hostrup Windsor, Disposition of Cryopreserved Preembryos After Divorce, 88 Iowa L. Rev. 1001 (2003)

     
    ]]>
    7233 2013-04-18 14:09:33 2013-04-18 19:09:33 open open in-vitro-fertilization publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url
    Now that your taxes are done... http://westreferenceatt.3fivelab.com/2013/04/now-that-your-taxes-are-done/ Tue, 16 Apr 2013 17:07:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7236 Roe v. Wade (410 US 113).  March marked 50 years since Gideon v. Wainwright (372 U.S. 335).  In July, we’ll celebrate the 150th Anniversary of the 14th Amendment (see U.S.C.A. Const. Amend. XIV-Full Text).  And in fact, just last week, on April 8, we celebrated (if that’s the right word) the 100-year anniversary of the 17th Amendment and the direct election of United States Senators (U.S.C.A. Const. Amend. XVII). But today I want to call your attention to a different legal landmark: last February was the 100 year anniversary of the passage of the 16th Amendment, allowing the federal government to lay direct income taxes.  Prior to the 16th Amendment, income taxes had to be apportioned under U.S.C.A. Const. Art. I § 9, cl. 4 of the Constitution.  In fact, a prior version of the modern income tax was struck down in Pollock v. Farmer's Loan & Trust Co., 158 U.S. 601, an event that led directly to the passage of the 16th Amendment. RESEARCH REFERENCES Given the volume of tax material out there, I was surprised to see that KeyCite has only 2001 references (as of when I write this) for the 16th Amendment (to see them, do a find to U.S.C.A. Const. Amend. XVI and click on citing references).  Perhaps this shouldn't be that surprising; it's not as though every section of the tax code specifically cites to the amendment for authority.  In fact, browsing the references I could only find one statute which cites directly to the amendment: U.C.A. 1953 § 63C-4-107, part of the enacting law for the Utah Constitutional Defense Council. For more on the background to the 16th amendment, I tried searching for '"Direct tax" requiring apportionment' in All Federal on WestlawNext.  Two opinions from the Pollock case were top hits, and the other case hits cases discussing when a tax is and is not direct, such that it must be 'apportioned.' There are also a number of law review articles that give more history on the amendment and might be helpful in figuring out if a given tax can be challenged. For a recent, and well-briefed, case discussing the government's taxing power under the 16th Amendment, you can look at last year's Supreme Court healthcare case, National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566.]]> 7236 2013-04-16 12:07:13 2013-04-16 17:07:13 open open now-that-your-taxes-are-done publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url Supreme Court Citations http://westreferenceatt.3fivelab.com/2013/04/supreme-court-citations/ Wed, 17 Apr 2013 18:37:13 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7244 US Airways, Inc. v. McCutchen Docket No. 11-1285 2013 WL 1567371   After health-plan participant recovered damages arising from automobile accident from third party tortfeasor, plan administrator filed suit against participant for “appropriate equitable relief” pursuant to § 502(a)(3) of the Employee Retirement Income Security Act (ERISA), seeking reimbursement of the entire amount it had paid participant for his medical expenses without allowance for participant's legal costs. The District ordered participant to pay administrator the entire amount, and participant appealed. The Third Circuit Court of Appeals vacated and remanded, reasoning that traditional “equitable doctrines and defenses” applied to § 502(a)(3) suits, and holding that the principle of unjust enrichment overrode U.S. Airways' reimbursement clause because the clause would leave McCutchen with less than full payment for his medical bills and would give U.S. Airways a windfall.   The Supreme Court reversed, holding that: (1) the ERISA plan's terms, not unjust enrichment or other equitable principles, govern a plan administrator's action to enforce an equitable lien by agreement, and (2) the common-fund rule informs interpretation of a plan's reimbursement provision and, where a plan is silent on the allocation of attorney fees, the doctrine provides the appropriate default.   Justice Kagan delivered the opinion of the Court. Justice Scalia filed a dissenting opinion, joined by Chief Justice Roberts and Justices Thomas and Alito.     Genesis HealthCare Corp. v. Symczyk Docket No. 11-1059 2013 WL 1567370   Employee sought relief under the Fair Labor Standards Act (FLSA) on behalf of herself and all others similarly situated. The District Court dismissed complaint for lack of subject matter jurisdiction after employer extended offer of judgment in full satisfaction of plaintiff-employee's alleged damages, fees, and costs.  The Third Circuit Court of Appeals reversed and remanded, holding held that respondent's individual claim was moot but that her collective action was not.   The Supreme Court reversed, holding that collective action brought by single employee on behalf of herself and all similarly situated employees for employer's alleged violation of the Fair Labor Standards Act (FLSA) was no longer justiciable when, as conceded by plaintiff-employee, her individual claim became moot as result of offer of judgment by employer in amount sufficient to make her whole.   Justice Thomas delivered the opinion of the Court.  Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined.]]> 7244 2013-04-17 13:37:13 2013-04-17 18:37:13 open open supreme-court-citations publish 0 0 post 0 _slidedeck_slide_title _topsy_long_url topsy_short_url _edit_last topsy_short_url _topsy_long_url Today's Westlaw Supreme Court Citations http://westreferenceatt.3fivelab.com/2013/04/todays-westlaw-supreme-court-citations/ Wed, 17 Apr 2013 20:27:26 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7247 Missouri v. McNeely Docket No. 11-1425 2013 WL 1628934   Respondent was arrested for driving while intoxicated and taken to a nearby hospital for blood testing.  The respondent refused to consent to the blood test, and without attempting to secure a search warrant, the officer directed a lab technician to take a sample.  The trial court suppressed the blood test result on Fourth amendment grounds, and the state supreme court affirmed.   The Supreme Court affirmed the suppression, concluding that in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.  Instead, it is a factor to be considered, along with all other relevant factors, in deciding whether a warrant is required.   Justice Sotomayor delivered the opinion of the Court.  Chief Justice Roberts filed an opinion concurring in part and dissenting in part, in which Justices Breyer and Alito joined. Justice Thomas filed a dissenting opinion.     Kiobel v. Royal Dutch Petroleum Docket No. 10-1491 2013 WL 1628935   Petitioners filed suit in federal court under the Alien Tort Statute, alleging that respondents--certain Dutch, British, and Nigerian corporations--aided and abetted the Nigerian Government in committing violations of the law of nations in Nigeria.  The District Court dismissed several of petitioners’ claims, and on interlocutory appeal, the Second Circuit dismissed the entire complaint, reasoning that the law of nations does not recognize corporate liability.  The Supreme Court granted review and ordered supplemental briefing on whether and under what circumstances courts may recognize a cause of action under the ATS, for violations of the law of nations occurring within the territory of a sovereign other than the United States.   The Supreme Court affirmed the dismissal, holding that the presumption against extraterritoriality applies to claims under the Alien Tort Statute, and therefore the petitioners’ case seeking relief for violations of the law of nations occurring outside the United States is barred.   Chief Justice Roberts delivered the opinion of the Court.  Justice Kennedy filed a concurring opinion. Justice Alito filed a concurring opinion, in which Justice Thomas joined. Justice Breyer filed an opinion concurring in the judgment, in which Justices Ginsburg, Sotomayor, and Kagan joined.]]> 7247 2013-04-17 15:27:26 2013-04-17 20:27:26 open open todays-westlaw-supreme-court-citations publish 0 0 post 0 _edit_last topsy_short_url _topsy_long_url _topsy_long_url topsy_short_url Today's Westlaw Supreme Court Citations http://westreferenceatt.3fivelab.com/2013/04/todays-westlaw-supreme-court-citations-2/ Tue, 23 Apr 2013 20:09:34 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7260 Moncrieffe v. Holder Docket No. 11-702 2013 WL 1729220 Under the Immigration and Nationality Act (INA), a noncitizen convicted of an “aggravated felony” is deportable and ineligible for discretionary relief. The INA lists as an aggravated felony “illicit trafficking in a controlled substance,” which includes the conviction of an offense that the Controlled Substances Act (CSA) makes punishable as a felony, i.e., by more than one year's imprisonment. A conviction under state law constitutes a felony punishable under the CSA only if it proscribes conduct punishable as a felony under that federal law. Petitioner Moncrieffe, a Jamaican citizen here legally, was found by police to have 1.3 grams of marijuana in his car. He pleaded guilty under Georgia law to possession of marijuana with intent to distribute. The Federal Government sought to deport him, reasoning that his conviction was an aggravated felony because possession of marijuana with intent to distribute is a CSA offense. An Immigration Judge ordered Moncrieffe removed, and the Board of Immigration Appeals affirmed. The Fifth Circuit denied Moncrieffe's petition for review, rejecting his argument that marijuana distribution is punishable as a misdemeanor under federal law if the offense involves a small amount for no remuneration, and holding that the felony provision provides the default punishment for his offense. The Supreme Court reversed and remanded, holding that if a noncitizen's conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the INA. Justice Sotomayor delivered the opinion of the Court.  Justice Thomas and Justice Alito filed dissenting opinions.]]> 7260 2013-04-23 15:09:34 2013-04-23 20:09:34 open open todays-westlaw-supreme-court-citations-2 publish 0 0 post 0 _edit_last _slidedeck_slide_title topsy_short_url _topsy_long_url topsy_short_url _topsy_long_url 24380 darkrylee09@gmail.com http://marijuanawithdrawal.net/ 112.198.82.138 2013-05-29 01:41:52 2013-05-29 06:41:52 0 0 0 Supreme Court Citations: McBurney v. Young and Boyer v. Louisiana http://westreferenceatt.3fivelab.com/2013/04/supreme-court-citations-mcburney-v-young-and-boyer-v-louisiana/ Tue, 30 Apr 2013 16:34:49 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7272 McBurney v. Young - Docket No. 12-17 - 2013 WL 1788080 Virginia's Freedom of Information Act (FOIA) grants Virginia citizens access to all public records, but grants no such right to non-Virginians. Petitioners are citizens of States other than Virginia who filed records requests under the Act. After each petitioner's request was denied, they filed suit under 42 U.S.C. § 1983 for violations of the Privileges and Immunities Clause and the dormant Commerce Clause. The District Court granted Virginia's motion for summary judgment, and the Fourth Circuit affirmed. The Supreme Court affirmed, holding that Virginia's FOIA does not violate either the Privileges and Immunities Clause or the dormant Commerce Clause. Regarding the Privileges and Immunities Clause, the Court held that the right to access public information is not a “fundamental” privilege or immunity of citizenship.  The Virginia FOIA's citizen/noncitizen distinction has a nonprotectionist aim: it is a mechanism for Virginia citizens to obtain an accounting from their public officials.  The distinction between citizens and noncitizens also recognizes that citizens alone foot the bill for the fixed costs of recordkeeping in the state. And Virginia's FOIA clearly does not deprive noncitizens of “reasonable and adequate” access to Virginia courts; state court rules provide noncitizens access to nonprivileged documents needed in litigation, and Virginia law gives citizens and noncitizens alike access to judicial records and to records pertaining directly to them. Neither does Virginia's FOIA violate the dormant Commerce Clause. Virginia's FOIA neither prohibits access to an interstate market nor imposes burdensome regulation on that market. Accordingly, this is not properly viewed as a dormant Commerce Clause case. Justice Alito delivered the opinion for a unanimous Court.  Justice Thomas filed a concurring opinion.   Boyer v. Louisiana - Docket No. 11–9953 - 2013 WL 1788077 The question certified had been whether a state's failure to fund counsel for an indigent defendant should be weighed against the state in determining whether there was a deprivation of the defendant’s right to a speedy trial.  The writ of certiorari was dismissed as improvidently granted. Justice Alito filed a concurring opinion, joined by Justices Scalia and Thomas, stating that the record before the Court does not support the proposition that delay in the trial court was caused by the State’s failure to fund the defense.  The concurrence identifies the largest source of delay as the defense's requests for continuances and other defense motions, and other delay caused by events beyond anyone's control such as Hurricane Rita. Justice Sotomayor filed a dissenting opinion, joined by Justices Ginsburg, Breyer, and Kagan, stating that the Court’s precedents provide a clear answer to the question: that a delay due to lack of funding should weigh against the state.  The court below found that the majority of the seven-year delay in this case was caused by lack of funding by the state, but did not weigh this factor against the state as being out of the state's control.  Because this factor should have been weighed against the state--because the state bears ultimate responsibility for adequately funding an indigent's defense--the dissent would have remanded.]]> 7272 2013-04-30 11:34:49 2013-04-30 16:34:49 open open supreme-court-citations-mcburney-v-young-and-boyer-v-louisiana publish 0 0 post 0 _topsy_long_url topsy_short_url _slidedeck_slide_title _edit_last _topsy_long_url topsy_short_url Researching the New Copyright Royalty Judges http://westreferenceatt.3fivelab.com/2013/05/researching-the-new-copyright-royalty-judges/ Wed, 08 May 2013 20:03:03 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7286 reported yesterday that the U.S. Copyright Royalty Board (CRB) appointed two new “royalty judges”: David Strickler and Jesse Feder. The CRB might not be a well-known entity, but “billions of dollars and the fates of entire industries can ride on the Copyright Royalty Board’s decisions”  SoundExchange, Inc. v. Librarian of Congress 571 F.3d 1220 (2009). The role of the CRB is to set royalty rates and terms for statutory licenses.  See generally, 37 C.F.R. Chapter III. These include rates webcasters pay for broadcasting music, rates paid for cable and satellite retransmissions, and rates paid by musicians for  “covers” of other musicians’ musical works. The rate making proceedings can be politically charged.  For example, check out the Radio and Internet Newsletter accounts of the initial rate-making proceedings for webcasters. To maintain the fairness of these proceedings, Congress  amended the process several times. Most recently, the Copyright Arbitration Royalty Panels (CARPs) were replaced by the CRB in 2004 (PL 108-419).  Before that, Copyright Royalty Tribunals were replaced by CARPs in 1993 (PL 103-198). Today’s Copyright Royalty Judges are appointed to six-year terms and are afforded a great deal of power; specifically, they are given “full independence in making determinations concerning adjustments and determinations of copyright royalty rates and terms, the distribution of copyright royalties, ….” 17 U.S.C. § 802(f)(1)(A)(i). With so much at stake, it’s worthwhile to examine our new CRJ’s legal profiles.  A word of caution here: We make no assumptions about how these individuals might rule or what kind of parties they might favor (e.g., big vs. small).  Consider Jesse Feder, for example.  He served the Business Software Alliance for many years, an organization that has arguably favored a "maximalist" interpretation of copyright law.  Note that opposing counsel for recent BSA litigation includes two public interest groups; the Electronic Frontier Foundation and Public Citizen. But also note that Mr. Feder  sits on the Section 108  Study Group whose mission is to reexamine "the exceptions and limitations applicable to libraries and archives under the Copyright Act, specifically in light of the changes wrought by digital media."  One cannot say for certain how this advocacy might affect CRB decision-making so we recommend a search across multiple sources: MONITOR SUITE The table above can be found on a company report from  Monitor Suite.  Simply search for Business Software Alliance.  The resulting report allows you to view a litigation profile for the BSA that may be filtered by court, practice area, opposing counsel, etc.  For help on this, contact a Reference Attorney at 877 347 6360 (Select 1). You may also run litigation profiles for law firms here. PROFILER Both attorneys have numerous documents attributed to them on WestlawNext.  To find them, begin by typing profiler into the search box. A pop-up box will recommend a collection of resources.  Choose, Profiles of Attorneys & Judges: Use the template to identify the attorney, then access the References tab to view relevant documents (briefs, cases, dockets, etc.) NEWS Simple Terms and Connectors searches seem to work though "David Strickland" is a more common name and requies additional filtering.

    adv: feder /5 jesse and copyright

    For more on the political back-story, try a plain language search in Blogs on Demand

    "copyright royalty judge"

    Remember that quotes on WestlawNext do not function as a boolean operator unless you direct it do that.  This recommended search  clusters relevant terms near one another. To run as an advanced search click the link at the top of the page after running this recommend search: Or, start with this:

    adv: "copyright royalty judge"

    ]]>
    7286 2013-05-08 15:03:03 2013-05-08 20:03:03 open open researching-the-new-copyright-royalty-judges publish 0 0 post 0 _topsy_long_url topsy_short_url _topsy_long_url _slidedeck_slide_title _edit_last topsy_short_url
    All Day Kindergarten and The Achievement Gap http://westreferenceatt.3fivelab.com/2013/05/all-day-kindergarten-and-the-achievement-gap/ Tue, 21 May 2013 17:41:32 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7303 advocated for state funding of all day kindergarten and last month, the Minnesota Senate passed a bill which provides for this funding. Minnesota has struggled with achievement gaps between white students and students of color.  Minnesota is considered to have one of the worst achievement gaps in the nation. Reducing that achievement gap is one of the goals of increased funding for all day kindergarten. The bills can be found with these citations:

    2013 MN S.F.453 (NS) 2013 MN H.F. 630 (NS)

    These documents are also the first two that appear if you search in Minnesota Proposed & Enacted Legislation with the following query:

    all-day /5 kindergar! & DA(last 6 months)

    To explore the idea of all day kindergarten outside of Minnesota, I ran the following plain language search in secondary sources:

    ALL DAY KINDERGARTEN

    My initial results include:

    Luke van Houwelingen, Tuition-Based All-Day Kindergartens in the Public Schools: A Moral and Constitutional Critique, 14 Geo. J. on Poverty L. & Pol'y 367 (2007)

    Lisa M. Brooks, Full-Day Kindergarten: A Step Towards Breaking the Cycle of Poverty in Indiana, 37 J.L. & Educ. 437 (2008)

    Eugenia Tunstall, The Price of Knowledge: Funding Full-Day Kindergarten in Arizona, 39 Ariz. St. L.J. 1325 (2007)

    Changing my search by to include “achievement gap” yields these useful sources:

    Floyd D. Weatherspoon, Racial Justice and Equity for African-American Males in the American Educational System: A Dream Forever Deferred, 29 N.C. Cent. L.J. 1 (2006)

    James E. Ryan, A Constitutional Right to Preschool?, 94 Cal. L. Rev. 49 (2006)

    Erin E. Lawson, Fulfilling the Promise of Education to South Carolina's at-Risk Children: A New Preschool Initiative in South Carolina, 58 S.C. L. Rev. 1025 (2007)

    ADDITIONAL RESEARCH REFERENCES Head Start Research

    Earlier this year, President Obama proposed to provide expanded preschool access, the purpose being to reduce the achievement gap between wealthy and poor children. See 2/14/13 Reuters News 20:24:28. But there are concerns as to the effectiveness of preschool programs on the achievement gap. Head Start is a federally subsidized early childhood education program, whose focus is on low-income children from infancy to kindergarten. A recent study, provided by the U.S. Department of Health and Human Services (HHS), showed relatively nominal benefits. See 2/14/13 Reuters News 20:24:28. Supporters claim that the problems exist because Head Start has been inadequately supported. HHS Head Start research can be accessed at the Office of Planning Research and Evaluation.

    Governor Messages

    Gov. Mark Dayton vetoed education bills in the past because they failed to fund all day kindergarten.  To search governor messages, navigate to the state legislative history page, run a search like this one:

    adv: DAYTON & all-day-KINDERGARTEN and veto!

    Then, filter by document type:

    ]]>
    7303 2013-05-21 12:41:32 2013-05-21 17:41:32 open open all-day-kindergarten-and-the-achievement-gap publish 0 0 post 0 topsy_short_url _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url 24381 pearsonbitmanbiz@gmail.com http://www.pearsonbitman.com/ 121.97.112.115 2013-07-30 03:25:11 2013-07-30 08:25:11 0 0 0
    Minnesota Legalizes Same-Sex Marriage http://westreferenceatt.3fivelab.com/2013/05/minnesota-legalizes-same-sex-marriage/ Tue, 14 May 2013 19:11:57 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7306 Minnesota Laws 2013, Chapter 74, legalizing same sex marriage should be on Westlaw very soon after the governor signs the bill at a 5:00 pm ceremony (Central time).   Roughly, that means the law should be available around 6 pm depending on how much ceremony there might be before the governor signs the bill.  For obvious reasons, we do not publish session laws to our collections until they are actually signed.  Until then, you may read the engrossed bill here:  2013 MN H.F. 1054 (NS). To find the law, once published, navigate to Minnesota Enacted Legislation on WestlawNext or to MN-LEGIS on Westlaw Classic. Try a simple Terms and Connectors search for chapter 74:

    ci(74)

    BILL SUMMARY:
    A bill for an act relating to marriage; providing for civil marriage between two persons; providing for exemptions and protections based on religious association;amending Minnesota Statutes 2012, sections 363A.26; 51 1; 51 3, subdivision 1; 51 8, subdivision 1a; 51 9; 51 7
    The bill becomes effective in August of this year.
    [Update:  the session law is now available on Westlaw here: 2013 Minn. Sess. Law Serv. Ch. 74]
    ]]>
    7306 2013-05-14 14:11:57 2013-05-14 19:11:57 open open minnesota-legalizes-same-sex-marriage publish 0 0 post 0 _topsy_long_url _topsy_long_url _edit_last topsy_short_url _slidedeck_slide_title topsy_short_url 24385 beatrisstockton@gawab.com http://www.4homme.pl 5.39.121.127 2013-07-12 01:27:29 2013-07-12 06:27:29 0 0 0 24384 albertcornejo@googlemail.com http://www.rion-service.co.jp/rsc/userinfo.php?uid=11825 210.45.78.50 2013-07-03 21:35:04 2013-07-04 02:35:04 0 0 0 24383 akisharma@mail.com http://www.login4ites.com 116.202.71.142 2013-06-25 05:58:39 2013-06-25 10:58:39 0 0 0 24382 AmbrosiniMery250@yahoomail.com http://buymakitadrill.com/?p=104 199.73.123.92 2013-05-22 02:21:03 2013-05-22 07:21:03 0 0 0
    Yesterday's Supreme Court Citations http://westreferenceatt.3fivelab.com/2013/05/yesterdays-supreme-court-citations/ Tue, 14 May 2013 18:55:14 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7314 Bullock v. Bankchampaign, N.A. Docket No. 11-1518 2013 WL 1942393  

    In an adversary proceeding, judgment creditor sought a determination that judgment debt, which arose from Illinois state court's determination that Chapter 7 debtor breached his fiduciary duty by self-dealing while serving as trustee of his father's trust, was excepted from discharge. The United States Bankruptcy Court for the Northern District of Alabama entered summary judgment for judgment creditor. Debtor appealed. The District Court and  Eleventh Circuit Court of Appeals affirmed.

    The Supreme Court vacated and remanded holding that the term “defalcation,” as used in the section of the Bankruptcy Code excepting from discharge a debt “for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny,” includes a culpable state of mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the relevant fiduciary behavior; abrogating In re Sherman, and In re Uwimana.

    Petitioner's father established a trust for the benefit of petitioner and his siblings, and made petitioner the (nonprofessional) trustee. The trust's sole asset was the father's life insurance policy. Petitioner borrowed funds from the trust three times.  His siblings obtained a judgment against him in state court for breach of fiduciary duty, though the court found no apparent malicious motive. The court imposed constructive trusts on certain of petitioner's interests—including his interest in the original trust—in order to secure petitioner's payment of the judgment, with respondent serving as trustee for all of the trusts. Petitioner filed for bankruptcy. Respondent opposed discharge of petitioner's state-court-imposed debts to the trust, and the Bankruptcy Court granted respondent summary judgment, holding that petitioner's debts were not dischargeable pursuant to 11 U.S.C. § 523(a)(4), which provides that an individual cannot obtain a bankruptcy discharge from a debt “for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny.” The Supreme Court disagreed and instead found that where the conduct at issue does not involve bad faith, moral turpitude, or other immoral conduct, “defalcation” requires an intentional wrong. An intentional wrong includes not only conduct that the fiduciary knows is improper but also reckless conduct of the kind that the criminal law often treats as the equivalent. Where actual knowledge of wrongdoing is lacking, conduct is considered as equivalent if, as set forth in the Model Penal Code, the fiduciary “consciously disregards,” or is willfully blind to, “a substantial and unjustifiable risk” that his conduct will violate a fiduciary duty. Thus, the Court held that the Court of Appeals applied a standard of “objectiv[e] reckless [ness]” to facts presented at summary judgment and remanded the case to permit the court to determine whether further proceedings are needed and, if so, to apply the heightened standard set forth by the Supreme Court.

    Justice Breyer delivered the opinion for a unanimous court.

     

      Bowman v. Monsanto Company Docket No. 11-796 2013 WL 1942397  

    Holder of patents for genetically modified soybean seed brought action against farmer, alleging farmer infringed patents by planting progeny of genetically altered seeds covered by patents. The District Court for the Southern District of Indiana, granted holder's motion for summary judgment of infringement, and farmer appealed. The United States Court of Appeals for the Federal Circuit affirmed.

    The Supreme Court held that the patent exhaustion doctrine did not permit farmer to reproduce the seeds through planting and harvesting without the patent holder's permission.

    Respondent Monsanto invented and patented Roundup Ready soybean seeds, which contain a genetic alteration that allows them to survive exposure to the herbicide glyphosate. It sells the seeds subject to a licensing agreement that permits farmers to plant the purchased seed in one, and only one, growing season. Growers may consume or sell the resulting crops, but may not save any of the harvested soybeans for replanting. Petitioner Bowman purchased Roundup Ready soybean seed for his first crop of each growing season from a company associated with Monsanto and followed the terms of the licensing agreement. But to reduce costs for his riskier late-season planting, Bowman purchased soybeans intended for consumption from a grain elevator; planted them; treated the plants with glyphosate, killing all plants without the Roundup Ready trait; harvested the resulting soybeans that contained that trait; and saved some of these harvested seeds to use in his late-season planting the next season. After discovering this practice, Monsanto sued Bowman for patent infringement. Bowman raised the defense of patent exhaustion, which gives the purchaser of a patented article, or any subsequent owner, the right to use or resell that article. The District Court rejected Bowman's defense and the Federal Circuit affirmed.  Under the patent exhaustion doctrine, “the initial authorized sale of a patented article terminates all patent rights to that item”… and confers on the purchaser, or any subsequent owner, “the right to use [or] sell” the thing as he sees fit.  However, the doctrine restricts the patentee's rights only as to the “particular article” sold.  It leaves untouched the patentee's ability to prevent a buyer from making new copies of the patented item. By planting and harvesting Monsanto's patented seeds, Bowman made additional copies of Monsanto's patented invention, and his conduct thus falls outside the protections of patent exhaustion. Exhaustion does not extend to the right to make new copies of the patented item. If Bowman was granted that exception, patents on seeds would retain little value. Thus, patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder's permission.

    Justice Kagan delivered the opinion for a unanimous Court.

    Dan’s City Used Cars, Inc. v. Pelkey Docket No. 12-52 2013 WL 1942398

    Vehicle owner brought action against towing company that towed his vehicle and later traded it to a third party without compensating owner, alleging violations of state laws governing enforcement of statutory liens for storage and towing fees, the New Hampshire Consumer Protection Act, and common law negligence. The Superior Court, Northern Judicial District of Hillsborough granted summary judgment to towing company on grounds that the Federal Aviation Administration Authorization Act (FAAAA) preempted owner's claims. Owner appealed. The Supreme Court of New Hampshire reversed and remanded.

    The U.S. Supreme Court affirmed holding that the FAAAA does not preempt state-law claims for damages stemming from the storage and disposal of a towed vehicle, abrogating Weatherspoon v. Tillery Body Shop, Inc.

    The Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts state laws “related to a price, route, or service of any motor carrier ... with respect to the transportation of property.” Plaintiff alleged that defendant Dan's City Used Cars, a towing company, took custody of his car after towing it from his landlord's parking lot without Pelkey's knowledge, failed to notify him of its plan to auction the car, held an auction despite Pelkey's notice that he wanted to reclaim the car, and eventually traded the car away without compensating Pelkey for the loss of his vehicle. In disposing of his car, Pelkey further alleged, Dan's City did not meet the requirements contained in chapter 262 of the New Hampshire Revised Statutes Annotated, which regulates the disposal of abandoned vehicles by a “storage company.” Dan's City's misconduct, Pelkey charged, both violated New Hampshire's Consumer Protection Act and breached the towing company's statutory and common-law duties as a bailee to use reasonable care while in possession of a bailor's property.   The Supreme Court found that where Congress has superseded state legislation by statute, the Court's task is to “identify the domain expressly pre-empted,” focusing first on the statutory language. The  phrase “related to” embraces state laws “having a connection with or reference to” carrier “ ‘rates, routes, or services,’ “ whether directly or indirectly. At the same time, the breadth of the words “related to” does not mean that the preemption clause should be read with an “uncritical literalism.” Thus,  § 14501(c)(1) does not preempt state laws affecting carrier prices, routes, and services “in only a ‘tenuous, remote, or peripheral ... manner.’ Pelkey's state-law claims escape preemption because they are “related to” neither the “transportation of property” nor the “service” of a motor carrier. The FAAAA addition of the words “with respect to the transportation of property”—significantly limits the FAAAA's preemptive scope. It is not sufficient for a state law to relate to the “price, route, or service” of a motor carrier in any capacity; the law must also concern a motor carrier's “transportation of property.” Title 49 defines “transportation,” in relevant part, as “services related to th[e] movement” of property, “including arranging for ... storage [and] handling.” § 13102(23)(B). Pelkey's Consumer Protection Act and negligence claims are not “related to th[e] movement” of his car. Chapter 262 regulates the disposal of vehicles once their transportation—here, by towing—has ended. Pelkey seeks redress only for conduct occurring after the car ceased moving and was stored. Dan's City maintains that because § 13102(23)(B)'s definition of “transportation” includes “storage” and “handling,” Pelkey's claims fall within § 14501(c)(1)'s preemptive ambit. But “storage” and “handling” fit within § 13102(23)(B)'s definition only when those services “relat[e] to th [e] movement” of property. Thus temporary storage of an item in transit en route to its final destination qualifies as “transportation,” but permanent storage does not. Here, no storage occurred in the course of transporting Pelkey's vehicle.  Pelkey's claims are also unrelated to a “service” a motor carrier renders its customers. The transportation service Dan's City provided—removal of Pelkey's car from his landlord's parking lot—did involve the movement of property, but that service ended months before the conduct on which Pelkey's claims are based. Because chapter 262, on which Pelkey relies, addresses “storage compan[ies]” and “garage owner[s] or keeper[s],” not transportation activities, it has neither a direct nor an indirect connection to transportation services a motor carrier offers its customers.

    Justice Ginsburg  delivered the opinion for a unanimous Court.

     ]]>
    7314 2013-05-14 13:55:14 2013-05-14 18:55:14 open open yesterdays-supreme-court-citations publish 0 0 post 0 topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url _topsy_long_url
    Amanda Knox Retrial: Extradition Research http://westreferenceatt.3fivelab.com/2013/05/amanda-knox-retrial-extradition-research/ Thu, 16 May 2013 19:31:44 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7323 1983 WL 472059) between the United States and Italy, and its reference to double jeopardy. Alan Dershowitz, a Harvard law professor, noted that in the United States, “when you appeal a conviction, you waive your double jeopardy rights.” It remains to be seen whether double jeopardy will be binding on the Knox case. She has vowed to fight the charges, and her attorneys have stated that Knox one day hopes to visit Italy again as a free woman. It’s been said that freedom isn’t free, and if Amanda Knox retains her freedom after the retrial she will have paid a very heavy emotional, physical and psychological price. To find extradition treaties, navigate to United States Treaties and Other International Agreements (Home > Administrative Decisions & Guidance > Federal Administrative Decisions & Guidance > Department of State > United States Treaties and Other International Agreements)  Enter extradition into the title field:   [caption id="attachment_7328" align="alignnone" width="300"] click to enlarge[/caption]   DOUBLE JEOPARDY For additional materials on these matters, try the following searches on WestlawNext:  

    double jeopardy and extradition to foreign country (14)

    Search Type: Plain Language

    Content: Overview

    Jurisdiction: All Federal

    adv: extradit! /s treaty /200 foreign /2 country /200 “double jeopardy” (25)

    Search Type: Boolean T&C

    Content: Cases

    Jurisdiction: All Federal

    adv: extradit! /s treaty /p foreign /3 country /p “double jeopardy” (4)

    Search Type: Boolean T&C

    Content: Secondary Sources

    Jurisdiction: All State & Federal

    ]]>
    7323 2013-05-16 14:31:44 2013-05-16 19:31:44 open open amanda-knox-retrial-extradition-research publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _slidedeck_slide_title _topsy_long_url topsy_short_url 24386 harry.rag08@gmail.com http://truejustice.org/ee/index.php 2.103.252.23 2013-07-19 10:02:21 2013-07-19 15:02:21 0 0 0
    Yesterday's Supreme Court Citations http://westreferenceatt.3fivelab.com/2013/05/yesterdays-supreme-court-citations-2/ Tue, 21 May 2013 15:39:38 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=7336 Arlington v. FCC Docket Nos. 11–1545 and 11–1547 2013 WL 2149789   The Communications Act of 1934, as amended, requires state or local governments to act on siting applications for wireless facilities “within a reasonable period of time after the request is duly filed.” Relying on its broad authority to implement the Communications Act, the Federal Communications Commission issued a Declaratory Ruling concluding that the phrase “reasonable period of time” is presumptively (but rebuttably) 90 days to process an application to place a new antenna on an existing tower and 150 days to process all other applications. The cities of Arlington and San Antonio, Texas, sought review of the Declaratory Ruling in the Fifth Circuit, arguing that the Commission lacked authority to interpret these time limitations. The Court of Appeals applied the deferential standard of review set forth in Chevron, 467 U.S. 837, relying on Circuit precedent holding that Chevron applies to an agency’s interpretation of its own statutory jurisdiction. Finding the statute ambiguous, it upheld as a permissible construction of the statute the FCC’s view that the Act’s broad grant of regulatory authority empowered it to interpret the provision.   The Supreme Court affirmed, holding that courts must apply the Chevron framework to an agency’s interpretation of a statutory ambiguity that concerns the scope of the agency’s statutory authority (i.e., its jurisdiction).   Under Chevron, a reviewing court must first ask whether Congress has directly spoken to the precise question at issue; if so, the court must give effect to Congress’ unambiguously expressed intent. However, if “the statute is silent or ambiguous,” the court must defer to the administering agency’s construction of the statute so long as it is permissible.  When a court reviews an agency’s interpretation of a statute it administers, the question is always, simply, whether the agency has stayed within the bounds of its statutory authority. There is no distinction between an agency’s “jurisdictional” and “nonjurisdictional” interpretations. For agencies charged with administering congressional statutes, both their power to act and how they are to act is authoritatively prescribed by Congress, so that when they act improperly, no less than when they act beyond their jurisdiction, what they do is ultra vires. Because the question is always whether the agency has gone beyond what Congress has permitted it to do, there is no principled basis for carving out an arbitrary subset of “jurisdictional” questions from the Chevron framework.   The Court also found meritless the contention that Chevron deference is not appropriate here because the FCC asserted jurisdiction over matters of traditional state and local concern. The statute explicitly supplants state authority, so the question is simply whether a federal agency or federal courts will draw the lines to which the States must hew.   For Chevron deference to apply, the agency must have received congressional authority to determine the particular matter at issue in the particular manner adopted. A general conferral of rulemaking authority validates rules for all the matters the agency is charged with administering. Here the preconditions to deference under Chevron are satisfied because Congress has unambiguously vested the FCC with general authority to administer the Communications Act through rulemaking and adjudication, and the agency interpretation at issue was promulgated in the exercise of that authority.   Justice Scalia delivered the opinion of the Court, in which Justices Thomas, Ginsburg, Sotomayor, and Kagan, joined. Justice Breyer filed an opinion concurring in part and concurring in the judgment. Chief Justice Roberts filed a dissenting opinion, in which Justices Kennedy and Alito joined.  

      Sebelius v. Cloer Docket No. 12–236 2013 WL 2149791   The National Childhood Vaccine Injury Act of 1986 (NCVIA) established a no-fault compensation system to stabilize the vaccine market and expedite compensation to injured parties. Under the Act, a proceeding for compensation is initiated by service upon the Secretary of Health and Human Services and the filing of a petition containing specified documentation with the clerk of the Court of Federal Claims, who then immediately forwards the petition for assignment to a special master. An attorney may not charge a fee for services in connection with such a petition, but a court may award attorney’s fees and costs incurred on an unsuccessful petition, if that petition was brought in good faith and there was a reasonable basis for the claim for which the petition was brought.   In 1997, shortly after receiving her third Hepatitis-B vaccine, respondent Cloer began to experience symptoms that eventually led to a multiple sclerosis (MS) diagnosis in 2003. In 2004, she learned of a link between MS and the Hepatitis-B vaccine, and in 2005, she filed a claim for compensation under the NCVIA, alleging that the vaccine caused or exacerbated her MS. After reviewing the petition and its supporting documentation, the Chief Special Master concluded that Cloer’s claim was untimely because the Act’s 36-month limitations period began to run when she had her first MS symptoms in 1997. The Federal Circuit ultimately agreed that Cloer’s petition was untimely. Cloer then sought attorney’s fees and costs. The en banc Federal Circuit found that she was entitled to recover fees on her untimely petition.   The Supreme Court affirmed, holding that an untimely NCVIA petition may qualify for an award of attorney’s fees if it is filed in good faith and there is a reasonable basis for its claim.   As in any statutory construction case, this Court proceeds from the understanding that unless otherwise defined, statutory terms are generally interpreted in accordance with their ordinary meaning. Nothing in either the NCVIA’s attorney’s fees provision suggests that the reason for the subsequent dismissal of a petition, such as its untimeliness, nullifies the initial filing. So long as the petition was brought in good faith and with a reasonable basis, it is eligible for an award of attorney’s fees, even if it is ultimately unsuccessful. Had Congress intended otherwise, it could have easily limited fee awards to timely petitions.  The Court found the attorney fee provision to be clear and unambiguous.   Justice Sotomayor delivered the opinion of the Court, in which Chief Justice Roberts and Justices Kennedy, Ginsburg, Breyer, Alito, and Kagan joined, and in which Justices Scalia and Thomas joined as to all but Part II–B.  

      PPL Corp. v. Commissioner Docket No. 12–43 2013 WL 2149792   In 1997, the United Kingdom, newly under Labour Party rule, imposed a one-time “windfall tax” on 32 U.K. companies privatized between 1984 and 1996 by the Conservative government. The companies had been sold to private parties through an initial sale of shares, known as a flotation. Some of the companies were required to continue providing services for a fixed period at the same rates they had offered under government control. Many of those companies became dramatically more efficient and earned substantial profits in the process.   Petitioner PPL Corporation (PPL), part owner of a privatized U.K. company subject to the windfall tax, claimed a credit for its share of the bill in its 1997 federal income-tax return, relying on Internal Revenue Code §901(b)(1), which states that any “income, war profits, and excess profits taxes” paid overseas are creditable against U.S. income taxes. Treasury Regulation §1.901–2(a)(1) interprets this section to mean that a foreign tax is creditable if its “predominant character” “is that of an income tax in the U.S. sense.” The Commissioner of Internal Revenue rejected PPL’s claim, but the Tax Court held that the U.K. windfall tax was creditable for U.S. tax purposes under §901. The Third Circuit reversed.   The Supreme Court reversed, holding that the U.K. tax is creditable under §901.   Treasury Regulation §1.901–2 provides the relevant legal standard. First, a tax’s “predominant character,” or the normal manner in which a tax applies, is controlling. Thus, a foreign tax that operates as an income, war profits, or excess profits tax for most taxpayers is generally creditable. Second, foreign tax creditability depends not on the way a foreign government characterizes its tax but on whether the tax, if enacted in the U.S., would be an income, war profits, or excess profits tax. The regulation explains that a foreign tax’s predominant character is that of a U.S. income tax “[i]f . . . the foreign tax is likely to reach net gain in the normal circumstances in which it applies.” Three tests set forth in the regulations provide guidance in making this assessment and indicate that net gain consists of realized gross receipts reduced by significant costs and expenses attributable to such gross receipts, in combination known as net income. A foreign tax that reaches net income, or profits, is creditable.   The U.K. windfall tax’s predominant character is that of an excess profits tax, a category of income tax in the U.S. sense. The Labour government’s conception of “profit-making value” as a backward-looking analysis of historic profits is not a typical valuation method. Rather, it is a tax on realized net income disguised as a tax on the difference between two values, one of which is a fictitious value calculated using an imputed price-to-earnings ratio. The substance of the windfall tax confirms this conclusion. When rearranged, the U.K’s formula demonstrates that the windfall tax is economically equivalent to the difference between the profits each company actually earned and the amount the Labour government believed it should have earned given its flotation value. For most of the relevant companies, the U.K. formula’s substantive effect was to impose a 51.71 percent tax on all profits above a threshold, a classic excess profits tax. Under the principle that tax law deals in economic realities, not legal abstractions, the Court therefore recognizes that the windfall tax is nothing more than a tax on actual profits above a threshold.   Justice Thomas delivered the opinion for a unanimous Court. Justice Sotomayor filed a concurring opinion.  

      Metrish v. Lancaster Docket No. 12–547 2013 WL 2149793 On April 23, 1993, respondent Burt Lancaster, a former police officer with a long history of severe mental-health problems, shot and killed his girlfriend. At his 1994 jury trial in Michigan state court, Lancaster asserted a defense of diminished capacity. Under then-prevailing Michigan Court of Appeals precedent, the diminished-capacity defense permitted a legally sane defendant to present evidence of mental illness to negate the specific intent required to commit a particular crime. Apparently unpersuaded by Lancaster's defense, the jury convicted him of first-degree murder and a related firearm offense. Lancaster, however, later obtained federal habeas relief from these convictions.   By the time of Lancaster's retrial, the Michigan Supreme Court had rejected the diminished-capacity defense in its 2001 decision in Carpenter, 464 Mich. 223. Although the murder with which Lancaster was charged occurred several years before Carpenter was decided, the judge at his second trial applied Carpenter and therefore disallowed renewal of his diminished-capacity defense. Lancaster was again convicted. Affirming, the Michigan Court of Appeals rejected Lancaster's argument that the trial court's retroactive application of Carpenter violated due process. Lancaster reasserted his due process claim in a federal habeas petition. The District Court denied the petition, but the Sixth Circuit reversed. Concluding that the Michigan Supreme Court's 2001 rejection of the diminished-capacity defense was unforeseeable in April 1993, when Lancaster killed his girlfriend, the Sixth Circuit held that, by rejecting Lancaster's due process claim, the Michigan Court of Appeals had unreasonably applied clearly established federal law.   The Supreme Court reversed, holding that Lancaster is not entitled to federal habeas relief.   Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Lancaster may obtain federal habeas relief only if the Michigan Court of Appeals, in rejecting his due process claim, unreasonably applied clearly established Federal law, as determined by the Supreme Court. This standard is difficult to meet: Lancaster must show that the Michigan Court of Appeals' decision rested on an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement. Here, the Michigan Court of Appeals' rejection of Lancaster's due process claim does not represent an unreasonable application of the law as previously declared by the Supreme Court.   In light of this Court's precedent and the history of Michigan's diminished-capacity defense, the Michigan Court of Appeals' decision applying Carpenter retroactively is not an unreasonable application of clearly established federal law. In Carpenter the Michigan Supreme Court rejected a diminished-capacity defense that the court reasonably found to have no home in a comprehensive, on-point statute enacted by the Michigan Legislature. The Supreme Court has never found a due process violation where a state supreme court, squarely addressing a particular issue for the first time, rejected a consistent line of lower court decisions based on the supreme court's reasonable interpretation of the language of a controlling statute. A state supreme court decision of that order is not unexpected and indefensible by reference to existing law.   Justice Ginsburg delivered the opinion for a unanimous Court.]]>
    7336 2013-05-21 10:39:38 2013-05-21 15:39:38 open open yesterdays-supreme-court-citations-2 publish 0 0 post 0 _topsy_long_url topsy_short_url _edit_last _topsy_long_url topsy_short_url 24387 MasiasHarmeson6446@yahoomail.com http://Www.43things.coM/entries/view/5981437 198.143.133.196 2013-07-23 19:58:58 2013-07-24 00:58:58 0 0 0
    Are you ready for some Monday Night Anti-Trust Regulation? http://westreferenceatt.3fivelab.com/2010/06/are-you-ready-for-some-monday-night-anti-trust-regulation/ Sun, 13 Jun 2010 15:58:27 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=748 On Monday the Supreme Court held that the National Football League (“NFL”) is not a single entity and thus subject to Section 1 of the Sherman Anti-Trust Act (15 USCA § 1), by stating:
    "…NFL teams do not possess either the unitary decision-making quality or the single aggregation of economic power characteristic of independent action."
    Thus, the owners of the thirty-two sports teams can be sued if they agree among themselves to restrict competition between the teams over the sale of merchandise.  To read the unanimous opinion: Westlaw Search Database: SCT Query: TI(“American Needle”) WestlawNext Advanced Search Click on “Advanced Search” next to the “Search” button Jurisdiction: Under “All Federal” and “By Court” select “United State Supreme Court” In the “Find Documents that have” Box in the “This Exact Phrase” type “American Needle” (quotes aren’t necessary). Also, to learn more about anti-trust laws, try adding the “AntiTrust” tab on Westlaw. It compiles case law, statutes, administrative materials and secondary sources all in one place! What do you think of the opinion? Did the court make the right decision?]]>
    748 2010-06-13 10:58:27 2010-06-13 15:58:27 open open are-you-ready-for-some-monday-night-anti-trust-regulation trash 0 0 post 0 ks_metadata _topsy_cache_timestamp jd_tweet_this _edit_last
    Attorney Jailed 14 Months for Contempt http://westreferenceatt.3fivelab.com/2010/06/attorney-jailed-14-months-for-contempt/ Fri, 11 Jun 2010 17:27:49 +0000 West-Reference-Attorneys http://www.westreferenceattorneys.com/?p=766 "I ended up here because I did the one thing no other lawyer in California is willing to do. I took on the corruption of the courts," Fine said in a jailhouse interview with CNN. When will he get out?   No one knows. He will remain in jail until he does what the judge wants.  It is called “coercive confinement.”  Mr. Fine is not the only person upset about the supplemental payments made to county judges. A California taxpayer brought an action for declaratory and injunctive relief challenging payments made by the county to provide benefits for superior court judges.  See 84 Cal.Rptr.3d 242. In response to the court’s opinion, the legislature quickly passed a law allowing for the counties to continue paying benefits to the county judges: Westlaw Search

    Database:     CA-LEGIS-OLD

    Search:        DA(2009) & SUPPLEMENTAL /5 BENEFIT   /5 JUDGE

    To learn more about coercive confinement see also, 17 Am. Jur. 2d CONTEMPT § 208 .]]>
    766 2010-06-11 12:27:49 2010-06-11 17:27:49 open open attorney-jailed-14-months-for-contempt trash 0 0 post 0 _topsy_cache_timestamp jd_tweet_this _edit_last ks_metadata
    Death by Firing Squad . . . What’s that like? http://westreferenceatt.3fivelab.com/2010/06/death-by-firing-squad-whats-that-like/ Tue, 15 Jun 2010 13:04:33 +0000 Vincent http://westreferenceattorneys.com/?p=986
    One former executioner stated "I've shot squirrels I've felt worse about"
    I was surprised today when I saw the news that in one week a man will be put to death in Utah by use of a firing squad. That is of course if he is not granted clemency. The man, Ronnie Lee Gardner, was convicted of capital murder and sentenced to death in 1985 for killing an attorney, Michael Burdell. Gardner shot Burdell while trying to escape from custody at a Salt Lake City courthouse where he was attending a hearing on murder charges already against him.  Take a look at this article for more information on Gardner and his situation. The last time someone was put to death in the United States by a firing squad was in 1996.  One of the men who was part of that firing squad described the event and how he felt about it in a colorful interview with CNN.  He stated that the event is carried out with professionalism and regarded it as “another day at the office.” After I saw this article I started wondering how many other states allow death by firing squad.  An easy way to search for this is by searching all of the state statutes at once in the STAT-ALL database.  This works well because there are not going to be many statutes that use the words firing squad or firing line. Search (FIRING /2 SQUAD LINE) & DEATH (5 Docs)]]>
    986 2010-06-15 08:04:33 2010-06-15 13:04:33 open open death-by-firing-squad-whats-that-like trash 0 0 post 0 _wp_trash_meta_comments_status _jd_tweet_this _topsy_cache_timestamp wp_jd_target wp_jd_bitly topsy_short_url _topsy_long_url jd_tweet_this 24390 http://twitter.com/westlawschool/status/16327319771 2010-06-16 18:47:38 2010-06-16 23:47:38 Death by Firing Squad . . . What’s that like? http://bit.ly/9cZ8Sc via @WestRefAttorney]]> post-trashed trackback 0 0 24389 http://twitter.com/learnwestlaw/status/16253760755 2010-06-15 20:45:04 2010-06-16 01:45:04 RT @WestRefAttorney: New post: Death by Firing Squad . . . What’s that like? http://bit.ly/aiP5bO]]> post-trashed trackback 0 0 24388 http://twitter.com/westrefattorney/status/16222769845 2010-06-15 13:04:35 2010-06-15 18:04:35 New post: Death by Firing Squad . . . What’s that like? http://bit.ly/aiP5bO]]> post-trashed trackback 0 0
    New state statutes to take effect soon, or do they? http://westreferenceatt.3fivelab.com/2010/06/new-state-statutes-to-take-effect-soon-or-do-they/ Thu, 17 Jun 2010 13:24:58 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1089   We have had several Summer Associates and Attorneys contact the Reference Attorneys lately regarding all of the new legislation at the state level.  They have been expressing confusion when trying to determine when the new laws would take effect.  With any newly passed legislation, as important as any of the content is the effective date of the new act.  Very often the effective date is surprisingly hard to determine, as some acts will specify the date, but if they do not specify it, then there will be a catch all provision buried somewhere in the statutes and or constitution that will tell you when it becomes effective.  Often this will be expressed as something like the following, “to take effect 90 days after the day of the close of the legislative session”.  A very easy quick tip for state statutes and effective dates is to do a find by citation to: XX ST EFFECTIVE DATES Where XX is the state abbreviation.  So for example, MN ST EFFECTIVE DATES.  This will bring up one document with all of the information you need to determine when the Act is effective (in states that have this document), from the statute and/or constitutional provision listing the general rules, to a listing of the end dates of each congressional session so that you can calculate the exact date.]]> 1089 2010-06-17 08:24:58 2010-06-17 13:24:58 open open new-state-statutes-to-take-effect-soon-or-do-they trash 0 0 post 0 jd_tweet_this _edit_last New state statutes to take effect soon, or do they? http://westreferenceatt.3fivelab.com/2010/06/new-state-statutes-to-take-effect-soon-or-do-they-2/ Mon, 21 Jun 2010 15:56:10 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1129 We have had several Summer Associates and Attorneys contact the Reference Attorneys lately regarding all of the new legislation that has been passed at the state level.  Customers have been expressing confusion when trying to determine when the new laws will take effect. The effective date of new legislation is extremely important and unfortunately sometimes very difficult to determine.  Some acts will specify the date on which they take effect, but very often the act may not included a specific date.  In situations such as these, you would have to refer to the statutes and or state constitution where there will be default effective date provisions. Often this will be expressed as something like the following, “to take effect 90 days after the day of the close of the legislative session”.  A very easy quick tip for state statutes and effective dates is to do a find by citation to: XX ST EFFECTIVE DATES Where XX is the state abbreviation.  This will bring you to the effective date document from the statutes database for the state.  So for example: MN ST EFFECTIVE DATES. This will bring up one document with all of the information you need to determine when the Act is effective (although it is not available for every state), from the statute and/or constitutional provision listing the general rules, to a listing of the end dates of each congressional session.  Armed with this information you should be able to determine the effective date of any state legislation.]]> 1129 2010-06-21 10:56:10 2010-06-21 15:56:10 open open new-state-statutes-to-take-effect-soon-or-do-they-2 trash 0 0 post 0 _topsy_cache_timestamp wp_jd_target wp_jd_bitly topsy_short_url jd_tweet_this _topsy_long_url _wp_trash_meta_comments_status 24391 http://twitter.com/westrefattorney/status/16703140339 2010-06-21 15:56:12 2010-06-21 20:56:12 New post: New state statutes to take effect soon, or do they? http://bit.ly/bicIhy]]> post-trashed trackback 0 0 24392 http://twitter.com/westrefattorney/status/16716080345 2010-06-21 19:28:45 2010-06-22 00:28:45 Post Edited: New state statutes to take effect soon, or do they? http://bit.ly/bicIhy]]> post-trashed trackback 0 0 A True “Death Match” in the Home Over Watching the World Cup http://westreferenceatt.3fivelab.com/2010/06/a-true-death-match-in-the-home-over-watching-the-word-cup/ Tue, 22 Jun 2010 16:10:04 +0000 Vincent http://westreferenceattorneys.com/?p=1145 A man in South Africa was beaten to death by his family because he wanted to watch a World Cup match while his family wanted to watch a gospel program.  The family reportedly fought over the remote control and the father went to the television to change the channel by hand.  That is when his family allegedly started assaulting him.  The man’s daughter was released on bail but the wife and son both remain behind bars.  Click here to read more about this tragic and bizarre story. It seems there is a lot of news surrounding the World Cup that is not at all related to Soccer.  For instance here is an article from Investment News regarding the World Cup’s effect on Stock prices. A great way to find International News on Westlaw is by using the International News database (INTNEWS-AC) This database is very easy to use but it contains a large amount of material.  I recommend always limiting your date and selecting a Subject and Location in addition to your search terms.  The database allows you to limit by Industry, Company, Subject and Location. For instance try this search: "WORLD CUP" Then select a date restriction of Last 1 Day(s) Select “Search only headlines and lead paragraphs” Then select Soccer and South Africa as Subjects and Location]]> 1145 2010-06-22 11:10:04 2010-06-22 16:10:04 open open a-true-death-match-in-the-home-over-watching-the-word-cup trash 0 0 post 0 jd_wp_twitter wp_jd_target wp_jd_bitly _jd_tweet_this _wp_trash_meta_comments_status topsy_short_url jd_tweet_this _topsy_cache_timestamp _topsy_long_url 24393 http://twitter.com/westrefattorney/status/16781860573 2010-06-22 16:19:59 2010-06-22 21:19:59 New post: A True “Death Match” in the Home Over Watching the Word Cup http://bit.ly/beYjbE]]> post-trashed trackback 0 0 Judicial Conduct in Question Regarding Oil-spill Suits http://westreferenceatt.3fivelab.com/2010/06/judicial-conduct-in-question-regarding-oil-spill-suits/ Thu, 24 Jun 2010 22:35:36 +0000 Vincent http://westreferenceattorneys.com/?p=1210 Since Judge Feldman granted a preliminary injunction blocking the 6 month moratorium on oil drilling, his ethics have been in question.  Subsequent searches into Judge Feldman’s financial investments have spurred some allegations that he should have disqualified himself given that he had investments in oil.  The Associated Press  reported that “more than half of the federal judges in districts where the bulk of Gulf oil spill-related lawsuits are pending have financial connections to the oil and gas industry, complicating the task of finding judges without conflicts to hear the cases.”  Keep in mind though that this analysis is based on 2008 financial disclosures. According to the Associated Press,  a federal judicial panel has been assigned the task of deciding whether the numerous oil-spill suits should be consolidated and if so which judge should hear the case(s).  How much will politics play into that kind of decision making power? If you find yourself looking for some rules on Federal Judicial Conduct and Disqualification here is an easy way to find them:

    Try this search in the USCA database: PR,CA(JUDGE /S DISQUALIF!)

    See:  28 U.S.C.A. § 455 and subsections (c) and (d)

    Also see the annotations below the rule which offer many great sections explaining this potential conflict, here is one in particular:

    “Federal Procedure, Lawyers Edition § 20:145, What Constitutes a Financial Interest”

    ]]>
    1210 2010-06-24 17:35:36 2010-06-24 22:35:36 open open judicial-conduct-in-question-regarding-oil-spill-suits trash 0 0 post 0 _topsy_cache_timestamp _jd_tweet_this wp_jd_target _topsy_long_url topsy_short_url wp_jd_bitly jd_tweet_this _wp_trash_meta_comments_status 24394 http://twitter.com/westrefattorney/status/16966491250 2010-06-24 22:35:37 2010-06-25 03:35:37 New post: Judicial Conduct in Question Regarding Oil-spill Suits http://bit.ly/9vxExj]]> post-trashed trackback 0 0
    Second Amendment Now Incorporated http://westreferenceatt.3fivelab.com/2010/06/second-amendment-now-incorporated/ Tue, 29 Jun 2010 17:02:12 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1259 In McDonald v. City of Chicago (2010 WL 2555188), the U.S. Supreme Court has held that the Second Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.  The case arose out of bans on handgun possession enacted by two Illinois cities: Chicago and Oak Park. As you can probably imagine, this was a huge case for those pro and con on gun control.  A search for briefs from this case (DN(08-1521)- using the case number in the SCT-BRIEF database) returns a total of 57!  Included among those are a number of amicus briefs on both sides—plenty of beach reading for the remainder of the summer!]]> 1259 2010-06-29 12:02:12 2010-06-29 17:02:12 open open second-amendment-now-incorporated trash 0 0 post 0 _topsy_cache_timestamp jd_tweet_this BP, yet again….. http://westreferenceatt.3fivelab.com/2010/07/bp-yet-again/ Mon, 05 Jul 2010 20:40:50 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1360 http://www.washingtonpost.com/wp-dyn/content/article/2010/06/29/AR2010062903384_pf.html; and BP’s corporate code of conduct is located at:   http://www.bp.com/sectiongenericarticle.do?categoryId=9003494&contentId=7006600 ]]> 1360 2010-07-05 15:40:50 2010-07-05 20:40:50 open open bp-yet-again trash 0 0 post 0 jd_tweet_this Remembering How to Find the Old Laws in Westlaw http://westreferenceatt.3fivelab.com/2010/07/remembering-how-to-find-the-old-laws-in-westlaw/ Mon, 05 Jul 2010 20:46:33 +0000 Vincent http://westreferenceattorneys.com/?p=1372 here. While we are all busy searching for the most recent changes in the law, we easily forget how to find the oldest and often the most important laws. This is how you can find the Declaration of Independence on Westlaw: Go to the United States Code Annotated (USCA) database and use the citation field to create this query: ci("declaration of independence") This pulls up the Declaration of Independence in one document You can find the Constitution by using the citation field again and creating this query: ci(const) This pulls up the Constitution in separate documents but in order. To pull up the Constitution in one document try this search in the United States Government Manual (US-GOVMAN) database: ti(Constitution) ]]> 1372 2010-07-05 15:46:33 2010-07-05 20:46:33 open open remembering-how-to-find-the-old-laws-in-westlaw trash 0 0 post 0 _jd_tweet_this _topsy_cache_timestamp _edit_last jd_tweet_this Who Are the Smart People Responsible for the Smart Phone? http://westreferenceatt.3fivelab.com/2010/07/who-are-the-smart-people-responsible-for-the-smart-phone/ Tue, 13 Jul 2010 12:30:00 +0000 Vincent http://westreferenceattorneys.com/?p=1432 NOT Apple, Google, Microsoft, LG, Motorola or Blackberry.  NTP sued Research in Motion, the maker of Blackberry, way back in 2003 for patent infringement.  According to this Associated Press article they settled for $612.5 million in 2006.  But NTP is not done yet, on July 8th they filed suit against Apple, Google, Microsoft, LG and Motorola for infringement of the same patents at issue in the Blackberry case. You can look at the complaints and follow the cases on Westlaw Run this search, TI,PTN(NTP) & FLD(2010), in the Patent Dockets database (DOCK-PATENT) by using the template: Enter NTP in the “Participant Name” box and then select “Specific Date” and enter 2010 If you want to read the opinion from the Blackberry case, run this cite 418 F.3d 1282 in FIND ]]> 1432 2010-07-13 07:30:00 2010-07-13 12:30:00 open open who-are-the-smart-people-responsible-for-the-smart-phone trash 0 0 post 0 jd_tweet_this _topsy_cache_timestamp wp_jd_bitly wp_jd_target _topsy_long_url _wp_trash_meta_comments_status _jd_tweet_this topsy_short_url 24395 http://twitter.com/westrefattorney/status/18433064290 2010-07-13 12:30:46 2010-07-13 17:30:46 New post: Who Are the Smart People Responsible for the Smart Phone? http://bit.ly/c2INLm]]> post-trashed trackback 0 0 24396 http://twitter.com/westlawschool/status/18448635442 2010-07-13 16:16:48 2010-07-13 21:16:48 Who Are the Smart People Responsible for the Smart Phone? http://bit.ly/bTPka2 via @WestRefAttorney #summerassociate #lawschool]]> post-trashed trackback 0 0 24397 http://twitter.com/legalcurrent/status/18453531225 2010-07-13 17:30:13 2010-07-13 22:30:13 RT @WestRefAttorney: New post: Who Are the Smart People Responsible for the Smart Phone? http://bit.ly/c2INLm]]> post-trashed trackback 0 0 24398 http://twitter.com/hubbardone/status/18454128586 2010-07-13 17:39:40 2010-07-13 22:39:40 RT @legalcurrent RT@WestRefAttorney: New post: Who Are the Smart People Responsible for the Smart Phone? http://twurl.nl/8hw082]]> post-trashed trackback 0 0 Hollywood Studios accounting practices questioned in recent jury cases http://westreferenceatt.3fivelab.com/2010/07/hollywood-studios-accounting-practices-questioned-in-recent-jury-cases/ Mon, 12 Jul 2010 19:05:27 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1452 The Jury awarded Celador $260 million in network licensing fees and $9.2 million in money owed from the sale of related merchandise.  The case is perceived as a bell-weather case for challenging the accounting practices and the income reporting of Hollywood studios.  Celador's suit against Walt Disney Studios, filed in 2004, turned on the familiar theme of self-dealing among sibling units of a conglomerate. Celador maintained that ABC and Disney's Buena Vista TV production-distribution unit decided to set the license fee at the same amount of what it cost to produce the show. Celador's deal with Disney called for it to get a fixed fee for the show as well as to share in 50% of the profits from the show after distribution fees and other costs were subtracted. With the license fee set to equal its production costs, the show never had a chance of making a profit and thus Celador never would see any profit participation amounts.   Disney has stated that it will immediately appeal the case. The day after the Celador case, a jury awarded actor Don Johnson $23.2 million in profits from the TV series "Nash Bridges"  The entertainment companies he sued contended during the trial that the show lost money overall and that was why Johnson hadn't been paid.  But the jury didn’t buy their argument.  According to the Celador article referenced above, entertainment experts said that they were not totally surprised at the outcome of the cases. The experts think that the results of these cases may cause studio heads to contemplate placing arbitration clauses in their contracts to keep disputes with studio profit participants out of the hands of a jury.  You can find selected jury verdicts and settlement summaries on Westlaw in the JV-ALL database using party names in the Title field.]]> 1452 2010-07-12 14:05:27 2010-07-12 19:05:27 open open hollywood-studios-accounting-practices-questioned-in-recent-jury-cases trash 0 0 post 0 jd_tweet_this _edit_last FINANCIAL REFORM – IS IT LAW YET? http://westreferenceatt.3fivelab.com/2010/07/financial-reform-is-it-law-yet/ Mon, 12 Jul 2010 19:30:06 +0000 West-Reference-Attorneys http://westreferenceattorneys.com/?p=1454 th but the Senate has not yet voted on it and is expected to do so sometime in mid-July. Once the Senate approves, President Obama is expected to sign the legislation into law. The Act will reform the regulation of the financial industry and will protect consumers and investors. The Act is over 2000 pages long and the news databases are a great place to get the gist of the new impending law. For example, try the following search: Database: ALLNEWSPLUS Query: da(after 6/24/2010) & PR,CA,TI(FINAN! WALL-STREET /5 REFORM! REGULAT! STABILITY) & "WALL STREET REFORM AND CONSUMER PROTECTION ACT" To get the full text of the House Conference Committee Report, click on:  H.R. CONF. REP. 111-517]]> 1454 2010-07-12 14:30:06 2010-07-12 19:30:06 open open financial-reform-is-it-law-yet trash 0 0 post 0 jd_tweet_this _edit_last _topsy_cache_timestamp 9/11 Heroes Left Unprotected by Congress Pointing Fingers Across the Aisles http://westreferenceatt.3fivelab.com/2010/08/911-heroes-left-unprotected-by-congress-pointing-fingers-across-the-aisles/ Thu, 05 Aug 2010 00:42:57 +0000 Vincent http://westreferenceattorneys.com/?p=1779 th the House failed to pass a Bill which would have provided health care and compensation benefits to rescue and recovery workers who ultimately suffered from illnesses caused by inhaling the dust and toxins at the Ground Zero site. Democrats are pointing fingers at Republicans for the Bills failure pointing out that only 12 Republicans voted for the Bill. Republicans are claiming that this is just a ploy by Democrats for votes in November.  Republican Rep. Peter King, who was a sponsor of the bill, points the finger back at the Democrats for electing to require a two-thirds majority vote rather than a simple majority.  Mr. King said Democrats were nervous to cast votes on controversial amendments with November elections around the corner.  Mr. King points out that had the Democrats elected a simple majority, the Bill would be passed. You can see two New York lawmakers duke it out on Fox News here. To see the Bill they are referring to go to the database Congressional Bills (CONG-BILLTXT) on Westlaw, in the Bill Text box type: September & ground-zero Then select specific date and type: 2010 This will bring up the Bill 2009 CONG US HR 847 ]]> 1779 2010-08-04 19:42:57 2010-08-05 00:42:57 open open 911-heroes-left-unprotected-by-congress-pointing-fingers-across-the-aisles trash 0 0 post 0 _jd_tweet_this _topsy_cache_timestamp jd_tweet_this New Suit in Iowa Federal Court Regarding Egg Recall http://westreferenceatt.3fivelab.com/2010/08/new-suit-in-iowa-federal-court-regarding-egg-recall/ Tue, 24 Aug 2010 23:14:37 +0000 Vincent http://westreferenceattorneys.com/?p=2232 recall of salmonella-tainted eggs tied to two Iowa egg distributors, Wright County Egg and Hillandale Farms:
     
    On August 13, 2010, the defendant Wright County Egg issued a recall of approximately 228,000,000* shell eggs that it had manufactured and distributed in recent months. Wright County Egg had distributed the recalled eggs to food wholesalers, distribution centers, and foodservice companies in California, Illinois, Missouri, Colorado, Nebraska, Minnesota, Wisconsin and Iowa. In turn, the companies that Wright County Egg had distributed to further distributed and sold the recalled eggs.
      The plaintiff's 11 year-old daughter survived a bout with samonella but it wasn't pretty:
    While hospitalized, J.S.H. continued to suffer from bouts of severe diarrhea approximately every half hour. Her mother or father stayed with her during the entirety of her hospital stay, electing to sleep by her side in a chair so they would be close if J.S.H. needed them. J.S.H. suffered from immense pain, and cried inconsolably, but her physicians were unable to administer pain medications for fear of exacerbating her symptoms.
     
    The family incurred $20,000 in medical expenses according to the complaint. You can follow the suit on Westlaw by running this search in DOCK-IA-DCT:

    (DEF ("quality egg" )) & FLD(2010)

    See Docket Number: 3:10CV03046  

    *]]>
    2232 2010-08-24 18:14:37 2010-08-24 23:14:37 open open new-suit-in-iowa-federal-court-regarding-egg-recall trash 0 0 post 0 topsy_short_url _topsy_long_url _wp_old_slug _edit_last _topsy_cache_timestamp jd_tweet_this wp_jd_bitly wp_jd_target _jd_tweet_this _wp_trash_meta_comments_status 24399 http://twitter.com/westrefattorney/status/22039598005 2010-08-24 23:14:40 2010-08-25 04:14:40 New post: New Suit in Iowa Federal Court Regarding Egg Recall http://bit.ly/cGlaGq]]> post-trashed trackback 0 0 24400 http://twitter.com/westlawschool/status/22090612833 2010-08-25 14:01:01 2010-08-25 19:01:01 RT @WestRefAttorney New Suit in Iowa Federal Court Regarding Egg Recall http://bit.ly/bTutIn #lawschool]]> post-trashed trackback 0 0
    NFL Proposes 18 Game Season to Players Association http://westreferenceatt.3fivelab.com/2010/10/nfl-proposes-18-game-season-to-players-association/ Wed, 06 Oct 2010 20:53:13 +0000 Vincent http://westreferenceattorneys.com/?p=2680 proposal at a bargaining session on Tuesday. Football fans and anyone who catches the news will undoubtedly hear updates about this situation throughout the coming months. Before you update your fantasy teams this week check out some of the materials we have on Labor and Unions on Westlaw and WestlawNext. A great way to start browsing is to run this Plain Language search on WestlawNext. Make sure your jurisdiction is set to All State & Federal then enter: NFL union lock-out extend season This simple search provides 97 secondary sources and 50 cases You can also access the Labor-Management Relations: Strikes, Lockouts and Boycotts, 2d (LABMANREL) database on Westlaw The Table of Contents is a good place to start in this database. You will see a link in the upper right corner of the Search page.If you want to skip right to articles that mention the NFL try this search in Terms & Connectors: "national football league" You can also take a look at the Fundamentals of Sports Law (SPORTSLAW) database which has a chapter on Sports Contracts and Representing the Athlete]]> 2680 2010-10-06 15:53:13 2010-10-06 20:53:13 open open nfl-proposes-18-game-season-to-players-association trash 0 0 post 0 _jd_tweet_this _wp_jd_clig _jd_twitter _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title Looking for a Case That Provides the Standard for Summary Judgment AND is Similar to Your Case http://westreferenceatt.3fivelab.com/2010/10/looking-for-a-case-that-provides-the-standard-for-summary-judgment-and-is-similar-to-your-case/ Mon, 25 Oct 2010 15:54:23 +0000 Vincent http://westreferenceattorneys.com/?p=2840 2840 2010-10-25 10:54:23 2010-10-25 15:54:23 open open looking-for-a-case-that-provides-the-standard-for-summary-judgment-and-is-similar-to-your-case trash 0 0 post 0 _edit_last _slidedeck_slide_title _topsy_cache_timestamp _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _wp_jd_wp _wp_jd_yourls _wp_jd_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly Elizabeth Smart Kidnapping Trial Moving Forward http://westreferenceatt.3fivelab.com/2010/11/elizabeth-smart-kidnapping-trial-moving-forward/ Wed, 10 Nov 2010 00:00:40 +0000 Vincent http://westreferenceattorneys.com/?p=2969 here. The docket for this high profile case is available on Westlaw (Case number 2:08CR00125). To access the docket for the Elizabeth Smart kidnapping trial, run this search in the database of the U.S. District Court Utah (DOCK-UT-DCT):

    (PTN (brian /2 mitchell )) & CTP(criminal)

    If you find yourself requesting a change in venue to guarantee a fair trial here is a search you can run in any cases database (ex. MN-CS or UT-CS).

    (CHANG! /2 VENUE) /250 (FAIR /2 TRIAL) /250 (JURY /S IMPARTIAL!)

    ]]>
    2969 2010-11-09 18:00:40 2010-11-10 00:00:40 open open elizabeth-smart-kidnapping-trial-moving-forward trash 0 0 post 0 _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _wp_jd_target _wp_jd_url _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_old_slug _topsy_long_url topsy_short_url _slidedeck_slide_title
    Shane Mosley Deposition http://westreferenceatt.3fivelab.com/2010/11/shane-mosley-deposition/ Mon, 22 Nov 2010 21:19:59 +0000 Vincent http://westreferenceattorneys.com/?p=3105 New York Daily News Conte stated that he taught Mosley how to use designer steroids and that Mosley knew what he was taking. What made this suit more interesting was how it was played out in the media and on the internet. There are multiple portions of Mosley’s deposition posted on YouTube (below). According to Conte “Mosley admits under oath he took EPO... He admits I explained how dangerous it was. He admits it would help for performance-enhancing purposes. And he admits that he took it before anyone could have checked with the boxing commission. Shane Mosley knowingly used performance-enhancing drugs.” (Quoted from a New York Daily News Article) This is not the first time Conte has fended off a suit by an athlete. Marion Jones, Olympic sprinter, sued him for defamation in 2004, only to later admit using performance enhancing drugs and go to prison. In order to get admissions like these attorneys need to ask the right questions. Westlaw provides sample questions and interrogatories to help legal professionals be prepared and ultimately get the answers they need to be effective in the pre-trial stage. Here are some searches you can try:

    In the FORMFINDER database ti(questionnaire sample example checklist & interrogatory (depos! /5 question!)) (196 Results)

    In TP-ALL ti(questionnaire sample example checklist & interrogatory (depos! /5 question!)) (211 Results)

    Tailor your results for your claim by add those terms outside the parenthesis of the Title field.  For example:

    In TP-ALLti(questionnaire sample example checklist & interrogatory (depos! /5 question!)) and defamation (1 Result)

    A few  databases all litigators should be familiar with include:

    American Jurisprudence, Proof of Facts (AMJUR-POF):  This database outlines essential elements for hundreds of claims.  Most every document includes a section dedicated to Model Discovery.  This section provides sample interrogatories, checklists, and other discovery-related samples.  Try:

    model-discovery and ti(internet)

    American Jurisprudence, Pleading and Practice (AMJUR-PP): This database has great forms related to pleading and discovery.  We tried, pr(defamation and discovery).  Results look like this:

    The Easy Edit button in the upper-right hand corner produces a form-only word document stripped of the publications heading and section identifiers.

    There are certainly others.  Feel free to let us know your favorites. ]]>
    3105 2010-11-22 15:19:59 2010-11-22 21:19:59 open open shane-mosley-deposition trash 0 0 post 0 _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _slidedeck_slide_title _topsy_long_url topsy_short_url _wp_old_slug _wp_trash_meta_comments_status _wp_jd_target _wp_jd_url _wp_jd_yourls _wp_jd_wp _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly 24401 http://liuliu.trivani287.idv.tw/?p=129 202.133.249.71 2010-11-22 22:34:56 2010-11-23 04:34:56 post-trashed pingback 0 0
    Blogging the Jury Experience http://westreferenceatt.3fivelab.com/2010/12/blogging-the-jury-experience/ Mon, 27 Dec 2010 15:55:46 +0000 Vincent http://westreferenceattorneys.com/?p=3358 Reuters Legal, comedian Steve Martin Tweeted yesterday, “REPORT FROM JURY DUTY: defendant looks like a murderer.  GUILTY.  Waiting for opening remarks.” Later he Tweeted, “REPORT FROM JURY DUTY: guy I thought was up for murder turns out to be defense attorney. I bet he murdered someone anyway.” One juror in Michigan posted on Facebook that she thought the defendant was guilty before the Defense even had their turn at trial.  She was removed from the jury, held in contempt, fined and ordered to write an essay on the 6th Amendment right to a jury trial. You can read more about this here. If you happen to notice a juror looking down at what might be an iPhone or Blackberry intensely you may want to do your homework in this area. American Law Reports has a section on this topic at 48 A.L.R.6th 135,  “Prejudicial Effect of Juror Misconduct Arising from Internet Usage.” Section 17 entitled “Juror’s use of social networking websites” cites a case that found the Defendant was not prejudiced by a juror’s use of a social networking website. The ALR has other great information you may find helpful when researching this topic. The search that yielded this ALR was in the TP-ALL database:

    MIS-TRIAL NEW-TRIAL OVERTURN! REVERS! /P JUROR /15 POST! WROT! BLOG! MISCONDUCT /10 INTERNET ON-LINE FACEBOOK TWEET! TWITTER! MYSPACE SOCIAL-MEDIA SOCIAL-NETWORKING

    There is also a KeyNumber you can start with when searching in cases. 275k143(2) is Misconduct of or affecting jurors. Try this WestClip in ALLCASES:

    275K143(2) /p INTERNET WEBSITE FACEBOOK LINKEDIN "SOCIAL MEDIA" "SOCIAL NETWORK"

    ]]>
    3358 2010-12-27 09:55:46 2010-12-27 15:55:46 open open blogging-the-jury-experience trash 0 0 post 0 topsy_short_url _topsy_long_url _wp_old_slug _slidedeck_slide_title _jd_tweet_this _jd_twitter _wp_jd_clig _wp_jd_bitly _wp_jd_wp _wp_jd_yourls _wp_jd_url _wp_jd_target _jd_wp_twitter _jd_post_meta_fixed _edit_last _topsy_cache_timestamp _wp_trash_meta_comments_status 24404 http://twitter.com/shellykramer/status/19470354074308608 2010-12-27 19:11:08 2010-12-28 01:11:08 RT @christinemartin: RT@WestRefAttorney: Great research advice for finding info & cases about Blogging Jurors http://bit.ly/hMBwuc]]> post-trashed trackback 0 0 24403 http://twitter.com/juryvox/status/19472334486241280 2010-12-27 19:19:00 2010-12-28 01:19:00 RT @christinemartin: RT@WestRefAttorney: Great research advice for finding info & cases about Blogging Jurors http://bit.ly/hMBwuc]]> post-trashed trackback 0 0 24402 http://twitter.com/christinemartin/status/19469031178240000 2010-12-27 19:05:53 2010-12-28 01:05:53 RT@WestRefAttorney: Great research advice for finding info & cases about Blogging Jurors http://bit.ly/hMBwuc]]> post-trashed trackback 0 0