tag:blogger.com,1999:blog-240719222024-02-08T12:57:59.290-05:00New York Supreme Court Criminal Term LibraryNews and other information related to criminal law and justice, library and information science, and technologies related to these areas. This site is a blog based outreach initiative providing news and an informaton gateway to web based services offered by the New York Supreme Court Criminal Term Library New York County.David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.comBlogger196125tag:blogger.com,1999:blog-24071922.post-58169380483689320202010-12-14T09:38:00.000-05:002010-12-14T09:38:19.652-05:00Library Announcement: Online Access to Temporary Commission on Revision of New York Penal Law and Criminal Code (1961-1970) Papers Held by LibraryThe New York Supreme Court Criminal Term Library (New York County) is pleased to announce a major enhancement regarding access to those Temporary Commission on Revision of New York Penal Law and Criminal Code (1961-1970) papers held by the New York Supreme Court Criminal Term Library (New York County). During the past year we in the library have been working with professional interns, archivists, and especially Philip Yow and his web design team at the State of New York Unified Court System to find ways to preserving these materials, many of which were beginning to deteriorate significantly. After confronting various obstacles, technical and otherwise, we settled on digitizing the material as a number of separate and searchable pdf files and then placing all of them on the library website with an overlay of google searchability. Although this may not be perfect it does make the documents accessible on the web in a cost effective manner.<br />
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A word of further explanation. these papers primarily consisting of documents submitted to and documents produced by the Temporary Commission on Revision of Penal Laws and Criminal Code (1961-1970) were collected by our former Administrative Judge Peter Mcquillan who served on the staff of the Commission. Justice Mcquillan left the Papers in my custody when he retired and we first put up an index to the papers on the web and now the full text of these materials. In addition we have included The Proposed New York Criminal Procedure Law of 1969 because in addition to the text of the proposed law, it includes valuable additional materials related to the work of the Commission and derivation tables for use in comparing the current Code with the earlier Code. Special permission was obtained from Thomson Reuters before publishing the latter segment. <br />
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To see the new site of the library website from which this material can be searched online, go to:<br />
<a href="http://www.nycourts.gov/library/nyc_criminal/library_resources.shtml">http://www.nycourts.gov/library/nyc_criminal/library_resources.shtml</a> and scroll down if necessary to the search box under the first entry under this Section: Penal Law Records Search.<br />
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In order to resolve various format and other issues alluded to earlier, most searches will need to consist of two parts. Entering a search term or terms in the search box provided at this location will bring up various pdf documents where the terms entered are mentioned. Some of these pdf documents are very large. To determine exactly where in these pdf documents the terms are referenced you will need to enter your search a second time in the pdf search box at the upper right side of the document. This search should identify and highlight exactly where in the document the search terms you entered are highlighted. <br />
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Finally, for those people who need additional information about documents included in this collection prior to searching, we have preserved the original index or finding aid which is located at <a href="http://www.nycourts.gov/library/nyc_criminal/Temporary%20Commission.pdf">http://www.nycourts.gov/library/nyc_criminal/Temporary%20Commission.pdf</a><br />
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Please contact me if you have questions or comments. <br />
David G. Badertscher<br />
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Principal Law Librarian<br />
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New York Supreme Court<br />
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Criminal Term<br />
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100 Centre Street 17th Floor<br />
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New York, NY 10013David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com98tag:blogger.com,1999:blog-24071922.post-27976438811277336922010-10-27T15:43:00.000-04:002010-10-27T15:43:48.172-04:00Second Circuit: Fair Sentencing Act is not Retroactive<a href="http://circuit2.blogspot.com/2010/10/summary-summary_27.html">Summary Summaryposted by Steve Statsinger at Second Circuit Blog</a> <br />
This is hot off the presses - today, in a summary order, the court held that the Fair Sentencing Act is not retroactive, since it "contains no express statement that it is intended to have retroactive effe...David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com292tag:blogger.com,1999:blog-24071922.post-65407466729929663512010-10-27T15:29:00.000-04:002010-10-27T15:29:55.134-04:00U.S. Supreme Court Vacates order Blocking Execution Based on Speculation About Method of Execution<a href="http://volokh.com/2010/10/27/supreme-court-vacates-order-blocking-execution-based-on-speculation-about-method-of-execution/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+volokh%2Fmainfeed+%28The+Volokh+Conspiracy%29">Supreme Court Vacates Order Blocking Execution Based on Speculation About Method of Execution</a> <br />
posted by Orin Kerr at The Volokh Conspiracy <br />
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(Orin Kerr) Over at Scotusblog, Lyle Denniston provides the context: Landrigan was sentenced to death for a 1989 murder in Phoenix after he had escaped from an Oklahoma prison, where he was serving a sente...David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com3tag:blogger.com,1999:blog-24071922.post-80418739934728377612010-10-27T15:22:00.000-04:002010-10-27T15:22:48.413-04:00Congressional Research Reports (CRS) Posted on October 27, 2010*Coast Guard Deepwater Acquisition Programs: Background, Oversight Issues, and Options for Congress <br />
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Report No. RL33753<br />
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Subjects: Drug Abuse; Immigration; Defense Policy<br />
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CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)<br />
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Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress <br />
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Report No. RS22373<br />
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Subjects: Terrorism; Defense Policy<br />
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CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)<br />
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Tariff Modifications: Miscellaneous Tariff Bills <br />
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Report No. RL33867<br />
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Subjects: Trade<br />
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CRS Reports, 111th Congress (10/20/2010; Posted: 10/27/2010)<br />
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Regular Vetoes and Pocket Vetoes: An Overview <br />
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Report No. RS22188<br />
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Subjects: Congress; Presidents<br />
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CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)<br />
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Veterans' Benefits: Pension Benefit Programs <br />
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Report No. RS22804<br />
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Subjects: Veterans; Pensions<br />
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CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)<br />
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Cellulosic Ethanol: Feedstocks, Conversion Technologies, Economics, and Policy Options <br />
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Report No. R41460<br />
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Subjects: Agriculture; Energy<br />
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CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)<br />
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U.S. International Trade: Trends and Forecasts <br />
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Report No. RL33577<br />
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Subjects: Trade<br />
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CRS Reports, 111th Congress (10/15/2010; Posted: 10/27/2010)<br />
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Afghanistan: Post-Taliban Governance, Security, and U.S. Policy <br />
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Report No. RL30588<br />
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Subjects: Terrorism; Afghanistan<br />
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CRS Reports, 111th Congress (10/19/2010; Posted: 10/27/2010)<br />
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Recreation Fees Under the Federal Lands Recreation Enhancement Act <br />
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Report No. RL33730<br />
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Subjects: Public Lands<br />
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CRS Reports, 111th Congress (10/21/2010; Posted: 10/27/2010)<br />
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Proliferation Control Regimes: Background and Status <br />
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Report No. RL31559<br />
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Subjects: Terrorism; National Defense<br />
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CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010) <br />
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*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com1tag:blogger.com,1999:blog-24071922.post-40577977411995911412010-10-27T15:17:00.000-04:002010-10-27T15:17:09.696-04:00LAW.COM Newswire Highlights October 27, 2010A subscription to LAW.COM is required to gain online access to this service.To subscribe go to <a href="https://store.law.com/Registration/Default.aspx?promoCode=nw">https://store.law.com/Registration/Default.aspx?promoCode=nw</a> <br />
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October 27, 2010.<br />
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GlaxoSmithKline to Pay $750M to Settle Federal Charges Over Adulterated Drugs<br />
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The National Law Journal<br />
GlaxoSmithKline has agreed to pay $750 million to settle federal charges in the fourth-largest health care fraud settlement in the U.S. The deal calls for GSK to plead guilty to introducing four types of adulterated drugs for delivery into interstate commerce from March 2003 to October 2004. The drugs were made by subsidiary SB Pharma Puerto Rico at a since-closed facility. The GSK settlement is the first significant settlement of a criminal case that includes an adulteration charge, according to a U.S. Attorney.<br />
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Judge Credits AstraZeneca's 'Prior Invention' Claim in Patent Fight<br />
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The Legal Intelligencer<br />
A federal judge has dismissed a patent infringement suit brought by Teva Pharmaceuticals after finding that allegedly infringing product formulations in the cholesterol drug Crestor were "conceived of and reduced to practice" by AstraZeneca Pharmaceuticals prior to Teva's patent. The decision by U.S. District Judge William H. Yohn Jr. in Teva v. AstraZeneca was premised on the century-old axiom in patent law that "a product which would literally infringe if later in time anticipates if earlier."<br />
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Government's 'Duty to Defend' Not a Given<br />
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The National Law Journal<br />
The vaunted governmental "duty to defend" acts of Congress has been invoked often in recent weeks in connection with the "don't ask, don't tell" law barring gays from the military -- a law that the Obama administration opposes but still is poised to defend. But history shows that this longstanding practice is not always followed, and solicitors general have been throwing provisions of federal laws under the bus for decades. Thirteen times in the past six years, the Justice Department has opted not to defend a statute.<br />
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Baker & McKenzie Hit With $103 Million Malpractice Verdict <br />
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The American Lawy<br />
A Mississippi jury has found in favor of a former Baker & McKenzie client by returning a $103 million malpractice verdict against the firm and a lawyer in its Dallas office. Plaintiff S. Lavon Evans Jr. claimed that Baker & McKenzie represented him at the same time that it advised his partner in an oil rig drilling business, according to reports. Evans further claims he was unaware that his partner, Charles Reed Cagle, was insolvent and was using his own assets as leverage to obtain millions of dollars in loans.<br />
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Gay Mich. Student Drops Protection Request Against Assistant AG<br />
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The Associated Press<br />
The gay student government president at the University of Michigan dropped a request Monday for a personal protection order against a state lawyer who heckled his speeches and criticized him on a blog. Chris Armstrong had accused Assistant Attorney General Andrew Shirvell of videotaping a late-night party at his off-campus house, showing up at campus appearances with a sign that said "racist" and "liar" and lambasting him as someone with a "radical homosexual agenda" on his blog.<br />
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Disbarment Sought for Attorney Who Claimed to Channel Client's Dead Wife<br />
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The National Law Journal<br />
The State Bar of Arizona wants to throw the book at an attorney who told a client she was channeling his dead wife, then allegedly lied about it during an unrelated disciplinary proceeding. Earlier this month, the Disciplinary Commission of the Supreme Court of Arizona upped Charna Johnson's suspension from six months and a day to one year followed by two years of probation. However, the State Bar is still not satisfied and has filed a notice of its intent to ask the Supreme Court to review the case and disbar Johnson.<br />
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9th Circuit Delivers Death Blow to Off-Label Marketing Suit Against Amgen<br />
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The American Lawyer<br />
The 9th Circuit has affirmed the dismissal of a Racketeer Influenced and Corrupt Organizations Act class action accusing Amgen of falsely marketing its anemia medicines, Epogen and Aranesp, for off-label purposes such as heart failure and cancer. The court concluded that none of the Amgen statements cited by plaintiffs were actually false or misleading when their complaint was made, and also found that the class, led by the Sheet Metal Workers National Health Fund, failed to link the statements to any alleged injury.<br />
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Court Declines to Sanction Former Partner Suing Holland & Knight<br />
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New York Law Journal<br />
A New York state judge has declined to sanction a former Holland & Knight partner who is suing the firm over his 2002 termination. In a decision filed Monday, the judge declined to adopt a referee's recommendation to fine John K. Weir $2,500 plus attorney fees and costs for failing to file a timely notice that his case was ready for trial. The judge said the finding that Weir missed the deadline to file the notice does not rise "to the level of harassment or other frivolous conduct" within the meaning of the law.<br />
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Free Speech Protects Amazon Buyers' Data, Federal Judge Rules<br />
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The Associated Press<br />
Lists that identify the books, music and movies individual customers bought from online retailer Amazon.com are protected from North Carolina tax collectors, a federal judge has ruled. Amazon said in an April lawsuit that disclosing the names, addresses and purchases of customers as requested by the North Carolina Revenue Department would harm anyone who may have bought controversial books or movies. At stake are potentially millions of dollars in taxes that North Carolina contends Amazon was responsible for collecting.<br />
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Lawyer Arrested for Allegedly Making Threatening, Racist Phone Calls<br />
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New York Law Journal<br />
A lawyer for the New York state Department of Civil Service was arrested last week for allegedly making threatening phone calls over the summer. In the first, the caller used racial slurs and threatened to kill a black woman. In the second, the caller threatened to "kidnap the little black boy who plays outside and tie him up." The calls blamed on James A. Hennessey Jr., which authorities said were masked by using a website called www.bluffmycall.com, were traced by police and the FBI.<br />
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Lawyer Files Continuance for 'Very Important Baseball Business' -- Attending World Series<br />
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Texas Lawyer<br />
A Dallas lawyer filed a continuance motion Monday so he can attend his favorite team's first-ever World Series appearance today. Darrell W. Cook says he has tickets to Game 1 of the World Series between the Texas Rangers and the San Francisco Giants, which falls on the same day as a pretrial hearing in his client's code enforcement case. "I would really rather be there ... at the court," the motion says, "But I can't be there and attending to some very important baseball business in San Francisco. I'm only one dude.<br />
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Sidley Austin Looks to Riverbed to Build a Broader Network<br />
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Legal Tech Newsletter<br />
Sidley Austin had a legacy network connecting its 17 offices in the U.S., Asia and Europe, resulting in slow data transfers and limiting the firm's ability to centralize IT resources. To create better connectivity between offices, the firm upgraded its network with Riverbed appliances.<br />
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Visit Legal Technology<br />
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The Careerist: The Power Look -- White Males Only?<br />
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The Careerist<br />
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Check out some of the latest posts on the lawjobs.com blog, The Careerist. The Power Look -- White Males Only? Plus Law Schools Face More Pressure to Provide Job Data -- Maybe; Ugandan Women Get Rare Chance to Go to Law School And MBAs More Uncouth Than J.D.s?<br />
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Visit The Careerist<br />
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Managing Partners Have Positive Outlook, Survey Shows<br />
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Daily Business Review<br />
After two years of increasing pessimism, the Daily Business Review's annual managing partner survey found that the vast majority of managing partners at firms with South Florida offices feel "somewhat" or "quite" optimistic about the future of both their law firms and the industry.<br />
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Visit lawjobs.com News & Views<br />
Some Disabled Lawyers Find Going Solo Works Best<br />
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The National Law Journal<br />
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George Walls Jr., who is paralyzed from the shoulders down, has worked for another lawyer, and as an in-house lawyer, but found that going solo is the best fit for him -- and he's not alone. Disabled lawyers across the country say hanging out a shingle helps them manage their physical needs and limitations. Those who receive Social Security disability benefits can maximize income without exceeding government-benefit restrictions and even provide low-cost or free legal help to disabled and low-income clients.<br />
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Visit Small Firm BusinessDavid G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-22816784200364846152010-10-27T15:07:00.000-04:002010-10-27T15:07:48.266-04:00New York Appellate Criminal Cases Originating from the New York Supreme Court NY County<span lang="EN">In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:<br />
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October 27, 2010.<br />
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1. <a href="http://www.westlaw.com/find/default.wl?DB=NY-CS&DocName=SNUM(2023468429)&FindType=l&AQT=(TI(PEOPLE)%20%26%20JUDGMENT%20%2F5%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20(TI(PEOPLE)%20%26%20SY(%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20%26%20CO(HIGH))%20(TI(PEOPLE)%20%26%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)&PosType=P&SR=TD&RefId=28f93f12-43a9-4f8c-a28f-6f51b61e9d66&VR=2&RS=WWCE1.0">The People of the State of New York, Respondent, v. Kevin Anderson, Defendant-Appellant</a>.<br />
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Slip Copy, N.Y.A.D. 1 Dept. 2010., 3440- 3441<br />
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_________________________ An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Ronald Zweibel, J. at plea; John Cataldo, J., at sentence and re-sentence), rendered on or about April 3, 2008,And said appeal having been argued . . .<br />
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2. <a href="http://www.westlaw.com/find/default.wl?DB=NY-CS&DocName=SNUM(2023468433)&FindType=l&AQT=(TI(PEOPLE)%20%26%20JUDGMENT%20%2F5%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20(TI(PEOPLE)%20%26%20SY(%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20%26%20CO(HIGH))%20(TI(PEOPLE)%20%26%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)&PosType=P&SR=TD&RefId=28f93f12-43a9-4f8c-a28f-6f51b61e9d66&VR=2&RS=WWCE1.0">The People of the State of New York, Respondent, v. Segundo Tutiven, Defendant-Appellant</a>.<br />
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--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3443<br />
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_________________________ Judgment, Supreme Court, New York County (Bruce Allen, J.), Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D.2d 833 1976 ). We have reviewed this record and agree with appell. . .<br />
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3. <a href="http://www.westlaw.com/find/default.wl?DB=NY-CS&DocName=SNUM(2023468457)&FindType=l&AQT=(TI(PEOPLE)%20%26%20JUDGMENT%20%2F5%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20(TI(PEOPLE)%20%26%20SY(%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20%26%20CO(HIGH))%20(TI(PEOPLE)%20%26%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)&PosType=P&SR=TD&RefId=28f93f12-43a9-4f8c-a28f-6f51b61e9d66&VR=2&RS=WWCE1.0">The People of the State of New York, Respondent, v. Thomas Correa, etc., Defendant-Appellant</a>.<br />
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--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3444<br />
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_________________________ Judgment, Supreme Court, New York County (Laura A. Ward, J. at suppression hearing; James A. Yates, J. at plea and sentence), rendered December 4, 2008, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him, as a secon. . .<br />
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4. <a href="http://www.westlaw.com/find/default.wl?DB=NY-CS&DocName=SNUM(2023468502)&FindType=l&AQT=(TI(PEOPLE)%20%26%20JUDGMENT%20%2F5%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20(TI(PEOPLE)%20%26%20SY(%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20%26%20CO(HIGH))%20(TI(PEOPLE)%20%26%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)&PosType=P&SR=TD&RefId=28f93f12-43a9-4f8c-a28f-6f51b61e9d66&VR=2&RS=WWCE1.0">The People of the State of New York, Respondent, v. Danny Sarita, Defendant-Appellant.</a><br />
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3445<br />
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_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered August 25, 2009, convicting defendant, after a jury trial, of gang assault in the second degree, and sentencing him to a term of 4 years, unanimously affirmed. Defendant did not preserve his challeng. . .<br />
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5. <a href="http://www.westlaw.com/find/default.wl?DB=NY-CS&DocName=SNUM(2023468644)&FindType=l&AQT=(TI(PEOPLE)%20%26%20JUDGMENT%20%2F5%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20(TI(PEOPLE)%20%26%20SY(%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20%26%20CO(HIGH))%20(TI(PEOPLE)%20%26%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)&PosType=P&SR=TD&RefId=28f93f12-43a9-4f8c-a28f-6f51b61e9d66&VR=2&RS=WWCE1.0">The People of the State of New York, Respondent, v. Jerry Williams, Defendant-Appellant</a>.<br />
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--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3449<br />
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_________________________ Judgment, Supreme Court, New York County (Charles H. Solomon, J. at dismissal motion; Marcy L. Kahn, J. at jury trial and sentence), rendered September 29, 2008, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a. . .<br />
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6. <a href="http://www.westlaw.com/find/default.wl?DB=NY-CS&DocName=SNUM(2023468731)&FindType=l&AQT=(TI(PEOPLE)%20%26%20JUDGMENT%20%2F5%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20(TI(PEOPLE)%20%26%20SY(%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)%20%26%20CO(HIGH))%20(TI(PEOPLE)%20%26%20%22SUPREME%20COURT%22%20%2F5%20%22NEW%20YORK%20COUNTY%22)&PosType=P&SR=TD&RefId=28f93f12-43a9-4f8c-a28f-6f51b61e9d66&VR=2&RS=WWCE1.0">The People of the State of New York, Respondent, v. Joseph Grant, Defendant-Appellant</a>.<br />
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--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3450<br />
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_________________________ Judgment, Supreme Court, New York County (Maxwell Wiley, J. at hearing; Arlene Goldberg, J. at jury trial and sentence), rendered November 7, 2007, convicting defendant of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of . . .<br />
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7. & The People of the State of New York, Respondent, v. Edward Bowman, Defendant-Appellant.<br />
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--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3452 M-4521<br />
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_________________________ Judgment, Supreme Court, New York County (John Cataldo, J.), rendered August 3, 2006, convicting defendant, after a jury trial, of assault in the first degree, attempted robbery in the first and second degrees and conspiracy in the fourth degree, and sentencing him, as a . . .<br />
<br />
<br />
<br />
<br />
<br />
8. The People of the State of New York, Respondent, v. Troy Manners, Defendant-Appellant.<br />
<br />
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3453<br />
<br />
_________________________ Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered March 12, 2009, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/2 years, unan. . .<br />
<br />
<br />
<br />
<br />
<br />
9. The People of the State of New York, Respondent, v. Trevor Simms, Defendant-Appellant.<br />
<br />
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3455<br />
<br />
_________________________ Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 19, 2008, resentencing defendant, as a second felony offender, to a term of 7 years, with 5 years' postrelease supervision, unanimously affirmed.The resentencing proceeding . . .<br />
<br />
<br />
<br />
<br />
<br />
10. The People of the State of New York, Respondent, v. Kijuan Smith, Defendant-Appellant.<br />
<br />
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3462<br />
<br />
_________________________ Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered August 4, 2008, convicting defendant, after a nonjury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 8 years, unanimously affirmed.The verdict . . .<br />
<br />
<br />
<br />
<br />
<br />
11. The People of the State of New York, Respondent, v. Alexis Mendez, etc., Defendant-Appellant.<br />
<br />
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3465<br />
<br />
_________________________ Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered on or about October 27, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A.D. . .<br />
<br />
<br />
<br />
<br />
<br />
12. The People of the State of New York, Respondent, v. Ronald Gantt, Defendant-Respondent.<br />
<br />
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3470<br />
<br />
_________________________ Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered May 26, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree, a. . .<br />
<br />
<br />
<br />
<br />
<br />
13. The PEOPLE of the State of New York, Respondent, v. Clarence WILLIAMS, also known as Fletcher Anderson Worrell, Defendant- Appellant.<br />
<br />
908 N.Y.S.2d 194, N.Y.A.D. 1 Dept. 2010.,<br />
<br />
Affirmed. Background: Following vacatur, 54 A.D.2d 768, 387 N.Y.S.2d 694, of his original conviction, defendant was convicted by a jury in the Supreme Court, New York County, Renee A. White, J., at speedy trial motion, and Bonnie B. Wittner, J., at trial and sentence, of first-degree rape and . . .<br />
<br />
<br />
<br />
<br />
<br />
14. The PEOPLE of the State of New York, Appellant, v. Jason MACK, Defendant-Respondent.<br />
<br />
908 N.Y.S.2d 181, N.Y.A.D. 1 Dept. 2010.,<br />
<br />
Affirmed. Catterson, J., filed a dissenting opinion in which Andrias, J.P., joined. Background: Defendant moved to dismiss indictment charging sexual abuse in the first degree. The Supreme Court, New York County, Renee A. White, J., granted motion. State appealed. Order, Supreme Cour. . .</span>David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com8tag:blogger.com,1999:blog-24071922.post-78143988571011751032010-10-26T10:07:00.001-04:002010-10-26T10:07:40.179-04:00Congressional Research Service (CRS) Reports Posted on October 26, 2010*High Risk Pools Under PPACA and the Coverage of Elective Abortion Services <br />
<br />
<br />
Memorandum No. M-072310<br />
<br />
Subjects: Abortion; Health Policy<br />
<br />
CRS Reports, 111th Congress (7/23/2010; Posted: 10/26/2010)<br />
<br />
---------------------------------<br />
Mandatory Coverage of Certain Preventive Health Services Under Section 1001 of the Patient Protection and Affordable Care Act <br />
<br />
Memorandum No. M-092910<br />
<br />
Subjects: Health Policy<br />
<br />
CRS Reports, 111th Congress (9/29/2010; Posted: 10/26/2010)<br />
<br />
---------------------------------<br />
<br />
Preliminary assessment of efficiency initiatives announced by Secretary of Defense Gates on August 9, 2010 <br />
<br />
Memorandum No. M-081210<br />
<br />
Subjects: Defense Economics<br />
<br />
CRS Reports, 111th Congress (8/12/2010; Posted: 10/26/2010)<br />
<br />
---------------------------------<br />
Legal Analysis of Section 1311(e)(1)(B) of the Patient Protection and Affordable Care Act and State-Sponsored Public Health Plans <br />
<br />
Memorandum No. M-092410<br />
<br />
Subjects: Health Policy<br />
<br />
CRS Reports, 111th Congress (9/24/2010; Posted: 10/26/2010)<br />
<br />
---------------------------------<br />
Final Rules Pursuant to the Patient Protection and Affordable Care Act During the First Six Months of Implementation <br />
<br />
Memorandum No. M-100610<br />
<br />
Subjects: Health Policy<br />
<br />
CRS Reports, 111th Congress (10/6/2010; Posted: 10/26/2010)<br />
<br />
---------------------------------<br />
House Committees: Categories and Rules for Committee Assignments <br />
<br />
Report No. 98-151<br />
<br />
Subjects: Congress<br />
<br />
CRS Reports, 111th Congress (10/19/2010; Posted: 10/26/2010)<br />
<br />
---------------------------------<br />
Constitutional Issues Raised by Pending Bills to Expand Liability under the Death on the High Seas Act and the Jones Act <br />
<br />
Memorandum No. M-062810<br />
<br />
Subjects: Constitution; Law<br />
<br />
CRS Reports, 111th Congress (6/28/2010; Posted: 10/26/2010)<br />
<br />
---------------------------------<br />
Questions Regarding Employer Responsibility Requirements and Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act <br />
<br />
Memorandum No. M-042910<br />
<br />
Subjects: Congress; Health Policy; State and Local Government<br />
<br />
CRS Reports, 111th Congress (4/29/2010; Posted: 10/26/2010)<br />
<br />
---------------------------------<br />
SBA Small Business Investment Company Program <br />
<br />
Report No. R41456<br />
<br />
Subjects: Business; Finance<br />
<br />
CRS Reports, 111th Congress (10/21/2010; Posted: 10/26/2010)<br />
<br />
---------------------------------<br />
EPA's Boiler MACT: Controlling Emissions of Hazardous Air Pollutants <br />
<br />
Report No. R41459<br />
<br />
Subjects: Air Pollution<br />
<br />
CRS Reports, 111th Congress (10/21/2010; Posted: 10/26/2010)<br />
<br />
---------------------------------<br />
Questions About Health Reform and Noncitizens <br />
<br />
Memorandum No. M-052710<br />
<br />
Subjects: Health Policy; Immigration<br />
<br />
CRS Reports, 111th Congress (5/27/2010; Posted: 10/26/2010 <br />
_________________________________ <br />
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com2tag:blogger.com,1999:blog-24071922.post-91010328595076394342010-10-26T10:00:00.000-04:002010-10-26T10:00:24.854-04:00Overcriminalization 2,0<a href="http://lawprofessors.typepad.com/whitecollarcrime_blog/2010/10/overcriminalization-20.html">Overcriminalization 2.0 - An Incredible Conference</a> <br />
posted by White Collar Crime Prof Blogger at White Collar Crime Prof Blog <br />
<br />
Held at the Georgetown Conference Center, the Journal of Law, Economics and Policy, the Law and Economics Center at George Mason University School of Law, NACDL, and the Foundation of Criminal Justice joined...David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-167922843026021352010-10-26T09:56:00.000-04:002010-10-26T09:56:00.290-04:00Governor Paterson: AEG Report "Clears Me of Any Wrongdoing'<a href="http://blog.timesunion.com/capitol/archives/33553/air-paterson-aeg-report-clears-me-of-any-wrongdoing/">Air Paterson: AEG report ‘clears me of any wrongdoing’</a> <br />
posted by Casey Seiler at Capitol Confidential <br />
<br />
In radio interviews Tuesday morning, Gov. David Paterson addressed the IG’s report on the AEG bidding process. “The report actually clears me of any wrongdoing,” he said in an interview on Buffalo’s WBEN —...David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-36791022630016525162010-10-26T09:48:00.000-04:002010-10-26T09:48:58.418-04:00Selections from New York and National Legal News October 26, 2010<strong>Subscription required for online access unless otherwise noted:</strong><br />
<br />
<strong>New York Law Journal Highlights October 26, 2010.</strong><br />
<br />
<strong><a href="http://www.nylj.com/">http://www.nylj.com/</a></strong><br />
<br />
Democrat Outpaces Republican in Campaign Contributions <br />
New York Law Journal<br />
Panel Orders Review of 9/11 Firefighter's Loss of His Benefits <br />
New York Law Journal<br />
<br />
Business Pressures, Conflict Potential Prompt Firm to Take Sides in Drug Company IP Cases <br />
New York Law Journal<br />
<br />
Chief Judge Expands Reach of 'Emeritus' Pro Bono Effort <br />
New York Law Journal<br />
<br />
News In Brief <br />
New York Law Journal<br />
<br />
Justice Roberts Recalled as Gruff but Fair <br />
New York Law Journal<br />
<br />
Corrections <br />
New York Law Journal<br />
<br />
<a href="http://legaltimes.typepad.com/blt/2010/10/dc-prosecutors-detail-beating-in-former-airmans-murder-trial.html">The BLT: Blog of the Legal Times of Washington D.C.</a>David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-53132619715606514312010-10-25T10:39:00.000-04:002010-10-25T10:39:16.932-04:00Hundreds of Native American Languages On Big Siteposted by ResearchBuzz at ResearchBuzz - October 25, 2010.<br />
<br />
Thanks to Drake Library for the <a href="http://drakelibrary.blogspot.com/2010/09/aananin-to-zuni.html">pointer to Native Languages</a> of the Americas, available at <a href="http://www.native-languages.org/">http://www.native-languages.org/</a>. This site contains over two thousand pages of information about several hundred Native American languages. The site’s been around for a long time, so I’m not giving you a cutting edge site, but what a huge wealth of data.David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-5533594040102958952010-10-25T10:22:00.000-04:002010-10-25T10:22:34.660-04:00Selctions from National and New York Legal News: October 25, 2010October 25, 2010<br />
<br />
<a href="http://www.law.com/newswire/?src=EMC-Email&et=editorial&bu=Law.com&pt=LAWCOM%20Newswire&cn=nw20101025&kw=Newswire">News from Law.com Newswire</a><br />
<br />
<a href="http://www.law.com/jsp/nylj/index.jsp?src=EMC-Email&et=editorial&bu=New%20York%20Law%20Journal%20&pt=New%20York%20Law%20Journal%20Legal%20Alert&cn=legal%20alert%2010%2F25%2F10&kw=www.nylj.com">News from the New York Law Journal:</a> Subscription required.<br />
<br />
<a href="http://www.law.com/jsp/nlj/index.jsp?src=EMC-Email&et=editorial&bu=National%20Law%20Journal&pt=NLJ.com-%20Daily%20Headlines&cn=20101025NLJ&kw=The%20National%20Law%20Journal%20--%20Daily%20Headlines">From the National Law Journal</a>: Subscription required<br />
<br />
<a href="http://legaltimes.typepad.com/blt/2010/10/25">From NLJ: Legal Times of Washington</a>: Subscription requiredDavid G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-43550548690670156062010-10-21T15:53:00.000-04:002010-10-21T15:53:43.452-04:00Poll: What's the biggest threat to the future of the Internet?<a href="http://www.isoc.org/tools/blogs/scenarios/#pd_a_3841824">Poll: What's the biggest threat to the future of the Internet?</a>David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-57767628869409964232010-10-21T10:15:00.000-04:002010-10-21T10:15:29.929-04:00Congressional Research Service (CRS) Reports Posted October 21, 2010*The Endangered Species Act (ESA) in the 111th Congress: Conflicting Values and Difficult Choices <br />
<br />
<br />
Report No. R40185<br />
<br />
Subjects: Animals; Natural Resources; Public Lands<br />
<br />
CRS Reports, 111th Congress (10/8/2010; Posted: 10/21/2010)<br />
<br />
---------------------------------<br />
<br />
<br />
<br />
Navy LPD-17 Amphibious Ship Procurement: Background, Issues, and Options for Congress <br />
<br />
Report No. RL34476<br />
<br />
Subjects: Defense Policy; Weapons Systems<br />
<br />
CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)<br />
<br />
---------------------------------<br />
<br />
<br />
<br />
The Arecibo Ionospheric Observatory <br />
<br />
Report No. R40437<br />
<br />
Subjects: Science Policy; Space Activities<br />
<br />
CRS Reports, 111th Congress (10/13/2010; Posted: 10/21/2010)<br />
<br />
---------------------------------<br />
<br />
<br />
<br />
Coast Guard Polar Icebreaker Modernization: Background, Issues, and Options for Congress <br />
<br />
Report No. RL34391<br />
<br />
Subjects: Defense Policy<br />
<br />
CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)<br />
<br />
---------------------------------<br />
<br />
<br />
<br />
Cellulosic Biofuels: Analysis of Policy Issues for Congress <br />
<br />
Report No. RL34738<br />
<br />
Subjects: Energy<br />
<br />
CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010)<br />
<br />
---------------------------------<br />
<br />
<br />
<br />
Membership of the 111th Congress: A Profile <br />
<br />
Report No. R40086<br />
<br />
Subjects: Congress<br />
<br />
CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010)<br />
<br />
---------------------------------<br />
<br />
<br />
<br />
Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress <br />
<br />
Report No. R40172<br />
<br />
Subjects: Animals; Marine Resources<br />
<br />
CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)<br />
<br />
---------------------------------<br />
<br />
<br />
<br />
Rwanda: Background and Current Developments <br />
<br />
Report No. R40115<br />
<br />
Subjects: Rwanda<br />
<br />
CRS Reports, 111th Congress (10/8/2010; Posted: 10/21/2010)<br />
<br />
---------------------------------<br />
<br />
<br />
<br />
Water Quality Issues in the 111th Congress: Oversight and Implementation <br />
<br />
Report No. R40098<br />
<br />
Subjects: Water Pollution; Water Resources<br />
<br />
CRS Reports, 111th Congress (10/13/2010; Posted: 10/21/2010)<br />
<br />
---------------------------------<br />
<br />
<br />
<br />
Renewable Fuel Standard (RFS): Overview and Issues <br />
<br />
Report No. R40155<br />
<br />
Subjects: Agriculture; Energy<br />
<br />
CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010 <br />
_______________________ <br />
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to <span style="color: navy; font-family: Arial;"> </span><a href="http://corporate.cqrollcall.com/wmspage.cfm?parm1=400"><span style="font-family: Arial;">http://corporate.cqrollcall.com/wmspage.cfm?parm1=400</span></a><span style="color: navy; font-family: Arial;">. </span> where you can request either a subscription or a free trial.David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-46079872785375468262010-10-21T09:39:00.000-04:002010-10-21T09:39:28.798-04:00New York Law Journal: Decisions of Interest October 21, 2010.For online access go to <a href="http://www.nylj.com/">http://www.nylj.com/</a> and enter your username and password<br />
Thursday, October 21, 2010<br />
<br />
<br />
Supreme Court, Queens County, Part 10<br />
Torts <br />
Five-Year-Old Big Apple Map Held to Be Valid Notice of Defect in Trip and Fall Case <br />
Weissman v. The City of New York, 12209/09 <br />
<br />
U.S. District Court for the Eastern District<br />
Civil Rights <br />
New York City Permanently Enjoined From Using Current Examination to Screen Firefighter Applicants <br />
U.S. v. City of New York, 07-cv-2067 (NGG) (RLM) <br />
<br />
NEW YORK COUNTY<br />
Business Law <br />
Shareholder Found Not to Have Breached Fiduciary Duty by Requesting Repayment <br />
Leiser v. System D Restaurant Holdings Inc. <br />
<br />
<br />
NEW YORK COUNTY<br />
Landlord/Tenant Law <br />
Landlord Fails to Show Tenant Did Not Use Unit as Primary Residence <br />
Extell 609 W. 137th St. LLC v. Bonilla-Morel <br />
<br />
APPELLATE TERM<br />
Civil Practice <br />
Divided Panel Reverses Order Granting Insurer Vacatur of Default Judgment <br />
A.M. Medical Services PC v. Liberty Mutual Insurance Co. <br />
<br />
<br />
QUEENS COUNTY<br />
Business Law <br />
Permanent Injunction, Constructive Trust Granted Against Dissident Church Members <br />
Classis of Queens Reformed Church in America v. Members of the Superceded Consistory of the Taiwanese American Reformed Church in Queens <br />
<br />
SUFFOLK COUNTY<br />
Real Property <br />
In Foreclosure Action, Court Denies Bank Order of Reference for Inconsistencies <br />
Deutsche Bank Trust Co. v. McCoy <br />
<br />
SUFFOLK COUNTY<br />
Civil Practice <br />
Court Rejects Bid for Subpoena as Labor Union Leader Privilege Ruled Inapplicable <br />
Matter of Suffolk County Ethics Commission v. Felice <br />
<br />
<br />
U.S. DISTRICT COURT<br />
SOUTHERN DISTRICT OF NEW YORK<br />
Employment <br />
Principal's Decision to Demote Assistant May Have Been Motivated by Pregnancy <br />
Herbert v. City of New York <br />
<br />
U.S. DISTRICT COURT<br />
SOUTHERN DISTRICT OF NEW YORK<br />
Constitutional Law <br />
No Defamation Found Where Headline Does Not Mention Plaintiffs' Names <br />
Triano v. Gannett Satellite Information Network Inc. <br />
<br />
U.S. DISTRICT COURT<br />
SOUTHERN DISTRICT OF NEW YORK<br />
Damages <br />
Fired Employee May Be Entitled To Damages on Withheld Commissions <br />
Dreyfuss v. eTelecare Global Solutions-US Inc. <br />
<br />
U.S. DISTRICT COURT<br />
SOUTHERN DISTRICT OF NEW YORK<br />
Civil Practice <br />
Complaint Sufficiently Alleges Individuals' Connection With Sites That Sold Counterfeits <br />
Balenciaga America Inc. v. Dollinger <br />
<br />
<br />
U.S. DISTRICT COURT<br />
EASTERN DISTRICT OF NEW YORK<br />
Civil Practice <br />
Court Realigns Parties to Create Complete Diversity in Declaratory Judgment Action <br />
Gurney's Inn Resort & Spa Ltd. v. Benjamin <br />
<br />
How to contact us should you have questions:<br />
New York Law Journal®<br />
120 Broadway, New York, NY 10271-1101<br />
Customer Service Phone: (877) 256-2472David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-41392112168954902292010-10-21T09:24:00.000-04:002010-10-21T09:24:51.541-04:00LAW.COM Newswire Highlights October 21, 2010A subscription to LAW.COM is required to gain online access to this service.To subscribe go to <a href="https://store.law.com/Registration/Default.aspx?promoCode=nw">https://store.law.com/Registration/Default.aspx?promoCode=nw</a> <br />
N.Y. Courts to Require Attorneys to Verify Foreclosure Papers<br />
<br />
New York Law Journal<br />
Amid mounting national concern over the accuracy of court documents in foreclosure cases, New York state's court system has directed lenders' lawyers to file an affirmation that they have taken reasonable steps to verify the accuracy of papers they file to support residential foreclosures. The court system's affirmation form notes that foreclosure filings in various U.S. courts have been subject to such defects as failure to review documents and establish standings, bogus affidavits and the "robo-signing" of documents.<br />
<br />
<br />
<br />
Bondholders Gear Up to Sue Banks Over $47 Billion in Countrywide Mortgage-Backed Securities<br />
<br />
The American Lawyer<br />
A group of eight institutional investors who collectively hold more than 25 percent of the voting rights in more than $47 billion in Countrywide mortgage-backed securities has sent a notice of non-performance to Bank of America and Bank of New York Mellon, claiming that BofA failed to perform its duties as the servicer of the bond deals. And unless BofA takes action on the notice -- by buying back at par securities backed by mortgages that violated contractual underwriting standards -- the group intends to sue.<br />
<br />
<br />
<br />
9th Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction<br />
<br />
The National Law Journal<br />
The 9th Circuit on Wednesday granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members. The only reason the appeals court gave for its action was "to provide this court with an opportunity to consider fully the issues presented." The three-judge panel gave the plaintiff in the underlying case until Oct. 25 to oppose the government's broader request for a stay of the injunction pending its appeal.<br />
<br />
<br />
<br />
Former Greenberg Lawyer Pleads Guilty to $500,000 Fraud<br />
<br />
The American Lawyer<br />
Former Greenberg Traurig associate Michael Shaw pleaded guilty on Wednesday to stealing nearly $500,000 from the firm between 2002 and last year, when the scheme was discovered and he was fired. According to a guilty plea and plea agreement, Shaw has already paid $524,947 to "a victim of the fraud" -- presumably Greenberg. The agreement states that Shaw is subject to a maximum prison term of 30 years and a maximum penalty of $1,000,000.<br />
<br />
<br />
<br />
Vet May Seek Punitives in Claim for Denial of Job Reinstatement<br />
<br />
The Legal Intelligencer<br />
A military reservist who claims he was denied the right to "reclaim" his civilian job after returning from a deployment to Pakistan has won the right to pursue punitive damages under a state tort claim for wrongful discharge. A Pennsylvania federal judge ruled that the plaintiff -- a Marine veteran and a member of the Air Force Reserve -- is entitled to seek tort damages, "including compensatory damages for emotional distress, embarrassment and humiliation, as well as punitive damages."<br />
<br />
<br />
<br />
Suit Says Wilson Sonsini Tried to Hide Conflict<br />
<br />
The Recorder<br />
A former client is suing Wilson Sonsini Goodrich & Rosati over an alleged conflict of interest. Existence Genetics claims Wilson Sonsini IP partner Vern Norviel represented the predictive medicine company even though the firm also represented a competitor. The company claims Norviel told its CEO that he had checked for conflicts of interest and found none, but that a year later, a junior associate at Wilson Sonsini "let slip" that the firm also represented a direct competitor, Navigenics Inc.<br />
<br />
<br />
<br />
Judge Approves Disclosure Statement for WaMu Reorganization Plan<br />
<br />
The American Lawyer<br />
Washington Mutual's bankruptcy finally looks to be winding down, with Delaware bankruptcy Judge Mary F. Walrath signing off on an order approving a disclosure statement filed in connection with WaMu's proposed reorganization plan. The plan, which would liquidate $7 billion with the bulk coming from a $6 billion settlement between WaMu, its owner JPMorgan Chase, and the FDIC among various creditors, is set to be voted on by WaMu's creditors on Nov. 15 -- two weeks after the independent examiner's report is due.<br />
<br />
<br />
<br />
Bayer Agrees to 'Watershed' Settlement in 7,000-Case Rice Crop Contamination Litigation<br />
<br />
The American Lawyer<br />
Last Friday, Bayer Crop Science finished the fourth day of a bellwether trial in the 7,000-case mass tort over its alleged contamination of the U.S. long-grain rice crop with an experimental strain of genetically modified rice. The trial was the first in which the plaintiffs could present their case for punitive damages along with their case in chief, which apparently made a difference: On Monday, Bayer announced a $290,000 settlement -- Bayer's first in the litigation.<br />
<br />
<br />
<br />
DOJ, Plaintiffs Lawyers Announce $680 Million Settlement in American Indian Discrimination Suit<br />
<br />
The National Law Journal<br />
Potentially capping more than a decade of litigation in Washington, the government has agreed to pay $680 million to a class of American Indian farmers and ranchers who alleged the Agriculture Department's loan program was discriminatory. President Barack Obama praised the settlement and urged Congress to act on two proposed settlements in separate suits that would resolve claims among black farmers and a class of American Indians who are challenging the management of Indian trust accounts and resources.<br />
<br />
<br />
<br />
8th Circuit Affirms Pre-emption Dismissal of Defibrillator Cases Against Medtronic<br />
<br />
The American Lawyer<br />
Last week, Medtronic's $268 million settlement of essentially all pending U.S. claims alleging product liability defects in its Sprint Fidelis defibrillator leads came before the 8th Circuit ruled on the dismissal of many of those cases on pre-emption grounds. On Friday, that ruling came down. It's the first appellate interpretation of the U.S. Supreme Court's ruling in Riegel v. Medtronic -- and it's a home run for fans of federal pre-emption of state law-based product liability claims.<br />
<br />
<br />
<br />
Full 2nd Circuit Upholds N.Y. Law Allowing Longer Terms for Felons<br />
<br />
New York Law Journal<br />
<br />
New York's persistent felony offender statute does not violate the Sixth Amendment of the U.S. Constitution, the 2nd Circuit has ruled. Sitting en banc, an easy majority of circuit judges said that judicial findings in applying an enhanced sentencing range for defendants under the statute do not violate the right to trial by jury. The decision reversed a three-judge panel's March 31 ruling that the Sixth Amendment "prohibits the type of judicial fact-finding resulting in enhanced sentences" under the statute.<br />
<br />
<br />
<br />
Calif. Judge Certifies Class of Oracle Employees in Wage-and-Hour Suit<br />
<br />
The Recorder<br />
A California judge last week certified a class of an estimated 3,000 Oracle employees who allege they were misclassified as exempt and deprived of overtime pay. Judge Steven Brick's order certified three subclasses of technical analysts, project managers and quality assurance analysts or developers for Oracle and PeopleSoft, which Oracle bought in 2005. They say Oracle violated provisions of the California Labor Code by failing to pay overtime wages and give them off-duty meal periods.<br />
<br />
<br />
<br />
Attorney Sentenced to 5 Years for OxyContin Possession<br />
<br />
The Associated Press<br />
An Idaho attorney who police say recruited a client to help feed his prescription pill addiction has been sentenced to five years in prison. Shawn C. Nunley, a former county deputy prosecutor, pleaded guilty to possession of a controlled substance and began his prison sentence on Friday at the Idaho State Correctional Institution.<br />
<br />
<br />
<br />
Review: Nuance PDF Converter 7<br />
<br />
Special to Law.com<br />
Among vendors offering professional-grade PDF converters, Nuance Communications has been at the top of the list. John K. Waters reviews Nuance's latest release, PDF Converter Professional 7, which comes with a number of enhancements that build on its collaboration with Microsoft.<br />
<br />
Visit Legal Technology<br />
<br />
<br />
<br />
If Lockstep Is Dead, How About a 'Miles Earned' Type of System?<br />
<br />
Fulton County Daily Report<br />
As Big Law strays away from the use of lockstep, the ladder lawyers thought they were all climbing has been kicked out from under them, notes The Snark. So how about a new ranking system with catchy mineral-based names that weighs factors like number of direct phone calls from clients?<br />
<br />
Visit lawjobs.com News & Views<br />
<br />
<br />
<br />
The Careerist: Les Femmes Fatiguees<br />
<br />
The Careerist<br />
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Les Femmes Fatiguees: It turns out French women's lives may not be so fantastique Also We're Not on the Same Page: Men and women on corporate boards And When Mom Disses Your Work <br />
<br />
Visit The CareeristDavid G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-71303551186847647442010-10-20T10:14:00.000-04:002010-10-20T10:14:53.686-04:00News From the Blawgsphere October 20, 2010<a href="http://sentencing.typepad.com/sentencing_law_and_policy/2010/10/planned-missouri-execution-stays-stayed-over-sixth-amendment-jury-issue.html">Planned Missouri execution stays stayed over Sixth Amendment jury issue</a> <br />
posted by Doug B. at Sentencing Law and Policy - <br />
As detailed in this Kansas City Star article, the "planned execution of a convicted Kansas City killer was called off late Tuesday night after the U.S. Supreme Court refused to lift a stay of execution." <br />
<br />
<a href="http://blog.timesunion.com/capitol/archives/33260/a-m-roundup-monserrate-indicted-dinapolis-warning/">A.M. Roundup: Monserrate indicted, DiNapoli’s warning</a> <br />
posted by Jimmy Vielkind at Capitol Confidential - <br />
Good morning. Well, maybe not. I’m considering what kind of world we’re leaving for our children. Can Americans still fulfill our inherent promise, or do we squander our opportunities? Do we let people do<br />
<br />
<a href="http://volokh.com/2010/10/19/murder-is-excusable-but-being-gay/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+volokh%2Fmainfeed+%28The+Volokh+Conspiracy%29">Murder Is Excusable, But Being Gay</a>.... <br />
posted by Orin Kerr at The Volokh Conspiracy - <br />
(Orin Kerr) From a BBC story about a Saudi Prince, now living in London, who murdered his servant after having a sexual affair with him: If he ever returns to his home country he faces the possibility of e...<br />
<br />
<a href="http://lawprofessors.typepad.com/crimprof_blog/2010/10/average-homicide-cost-is-1725m-study-concludes.html">Average Homicide Cost Is $17.25M, Study Concludes"</a><br />
posted by CrimProf BlogEditor at CrimProf Blog - <br />
FindLaw has this story from Iowa State University. On the methodology: An overwhelming majority of this high sum is the result of the amount of money citizens would be willing to pay to prevent future crime....<br />
<br />
Avi Steinberg <br />
<a href="http://feeds.feedburner.com/AmericanLibrariesMagazine">posted by Leonard Kniffel at American Libraries Magazine</a> - The magazine of the American Library Association - <br />
Libraries are full of hints to life’s great puzzles. Source: Avi Steinberg, author of *Running the Books: The Adventures of an Accidental Prison Librarian*, “Lives: A Prison-Library Reunion,”<br />
<br />
<a href="http://lawprofessors.typepad.com/law_librarian_blog/2010/10/zimmermans-research-guide-subscribe-to-the-zrg-blogs-rss-feed-for-legal-research-alerts.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+LawLibrarianBlog+%28Law+Librarian+Blog%29">Zimmerman's Research Guide: Subscribe to The ZRG Blog's RSS Feed for Legal Research Alerts</a> <br />
posted by Joe Hodnicki at Law Librarian Blog - <br />
Everyone knows Zimmerman's Research Guide: An Online Encyclopedia for Legal Researchers right? For the past couple of months Andy Zimmerman has been alerting legal researchers to new resouces<br />
<br />
<a href="http://lawprofessors.typepad.com/law_librarian_blog/2010/10/the-bluebook-becomes-standard-on-wln.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+LawLibrarianBlog+%28Law+Librarian+Blog%29">The Bluebook (be)comes Standard on WLN.</a> <br />
posted by Law Librarian at Law Librarian Blog <br />
Almost six months ago, one of our Westlaw reps provided me with a quick demonstration on Westlawnext (WLN). I had lukewarm feelings about it at the time, but the more I use it, the more I seem to like it....<br />
<br />
<a href="http://lawprofessors.typepad.com/law_librarian_blog/2010/10/to-be-avoided-the-biases-over-reliance-on-expensive-commercial-online-services-can-create-when-they-.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+LawLibrarianBlog+%28Law+Librarian+Blog%29">To Be Avoided: The Biases Over-Reliance on Expensive Commercial Online Services Can Create When They Dominate Access to Public Information</a> <br />
posted by Joe Hodnicki at Law Librarian Blog - <br />
In Bloomberg Plans a Data Service on the Business of Government (NYT Oct. 10, 2010), Jeremy W. Peters reports that Bloomberg aims to make Bloomberg Government "an indispensable tool for lobbyists..."David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-69780423162646280822010-10-20T09:06:00.000-04:002010-10-20T09:06:56.650-04:00New York Law Journal: Highlights October 20, 2010Subscription required for online access <a href="http://www.nylj.com/">http://www.nylj.com/</a> <br />
<br />
October 20 2010.<br />
<br />
To see Decisions of Interest go to: <a href="http://www.law.com/jsp/nylj/decisions.jsp#doi">http://www.law.com/jsp/nylj/decisions.jsp#doi</a><br />
<br />
To see lead articles for October 20, 2010 go to <a href="http://www.law.com/jsp/nylj/thisWeeksNews.jsp">http://www.law.com/jsp/nylj/thisWeeksNews.jsp</a>David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-13801397422947807592010-10-18T10:42:00.000-04:002010-10-18T10:42:59.929-04:00Congressional Research Service (CRS) Reports Posted October 18, 2010*The TANF Emergency Contingency Fund <br />
<br />
<br />
Report No. R41078<br />
<br />
Subjects: Welfare<br />
<br />
CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)<br />
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---------------------------------<br />
<br />
Environmental Protection Agency (EPA): Appropriations for FY2011 <br />
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Report No. R41149<br />
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Subjects: Budget; Environmental Protection<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)<br />
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---------------------------------<br />
<br />
Location-Based Preferences in Federal and Federally Funded Contracting: An Overview of the Law <br />
<br />
Report No. R41115<br />
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Subjects: Public Contracts<br />
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CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)<br />
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---------------------------------<br />
Federal Research and Development Funding: FY2011 <br />
<br />
Report No. R41098<br />
<br />
Subjects: Science Policy; Technology<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)<br />
<br />
---------------------------------<br />
Afghanistan Casualties: Military Forces and Civilians <br />
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Report No. R41084<br />
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Subjects: Afghanistan<br />
<br />
CRS Reports, 111th Congress (9/30/2010; Posted: 10/18/2010)<br />
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Warranted but Precluded: What That Means Under the Endangered Species Act (ESA) <br />
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Report No. R41100<br />
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Subjects: Animals; Environmental Protection; Natural Resources<br />
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CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)<br />
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---------------------------------<br />
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Small Business Administration 7(a) Loan Guaranty Program <br />
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Report No. R41146<br />
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Subjects: Business<br />
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CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)<br />
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations <br />
<br />
Report No. R41161<br />
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Subjects: Budget; Criminal Justice; Science Policy; Trade<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)<br />
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The 2007-2009 Recession: Similarities to and Differences from the Past <br />
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Report No. R40198<br />
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Subjects: Economic Policy; Finance<br />
<br />
CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)<br />
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Small Business Administration Microloan Program <br />
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Report No. R41057<br />
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Subjects: Business; Finance<br />
<br />
CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)<br />
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The Inapplicability of Limitations on Subcontracting to 'Preference Contracts' for Small Businesses: Washington-Harris Group <br />
<br />
Report No. R40998<br />
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Subjects: Business; Public Contracts<br />
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CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)<br />
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---------------------------------<br />
Contracting Programs for Alaska Native Corporations: Historical Development and Legal Authorities <br />
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Report No. R40855<br />
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Subjects: Business; Minorities; Public Contracts<br />
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CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)<br />
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---------------------------------<br />
GAO Bid Protests: An Overview of Timeframes and Procedures <br />
<br />
Report No. R40228<br />
<br />
Subjects: Public Contracts<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)<br />
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Social Security Administration: Workload and Related Issues <br />
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Report No. R40207<br />
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Subjects: Social Security<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)<br />
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---------------------------------<br />
Federal Aviation Administration (FAA) Reauthorization: An Overview of Legislative Action in the 111th Congress <br />
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Report No. R40410<br />
<br />
Subjects: Budget; Transportation<br />
<br />
CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)<br />
<br />
---------------------------------<br />
The Temporary Assistance for Needy Families Block Grant: An Introduction <br />
<br />
Report No. R40946<br />
<br />
Subjects: Welfare<br />
<br />
CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)<br />
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---------------------------------<br />
The U.S. Postal Service's Financial Condition: Overview and Issues for Congress <br />
<br />
Report No. R41024<br />
<br />
Subjects: Communications; Executive Branch Depts.<br />
<br />
CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010) <br />
___________________________ <br />
*Selected federal documents below from CQ Roll Call Group are Congressional Research Service (CRS) Reports. CRS Reports are substantive research reports often at the request of members of congress by staff at the Congressional Research Service. The selection fo documents received by the library is limited to those categories included in the subscription agreement. Since the library receives these materials under a license agreement they may not be posted on the web in full text. A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-69041983468237869082010-10-18T10:33:00.000-04:002010-10-18T10:33:42.773-04:00Top Ten Liel from 2010 Campaign Ads<a href="http://blog.timesunion.com/nypotomac/top-ten-lies-from-2010-campaign-ads/4085/">posted by Richard Dunham, Bureau Chief at Capitol Confidential</a> <br />
Truth may be stranger than fiction in this strange election year — witches and demon sheep and all that hocus pocus — but there has been plenty of fiction, too. Candidates and outside attack dogs have spre...David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-30123515728777299742010-10-18T10:22:00.000-04:002010-10-18T10:22:40.928-04:00New York Law Journal: October 18, 2010<strong>Subscription required for online access unless otherwixe noted:</strong><br />
<br />
<a href="http://www.law.com/jsp/nylj/decisions.jsp#doi">Decisions of Interest and Decisions in the News.</a><br />
<br />
<a href="http://www.law.com/jsp/nylj/thisWeeksNews.jsp">This Week's News - Ending October 18, 2010</a><br />
<br />
<a href="http://www.law.com/jsp/nylj/outsideCounsel.jsp">Outside Counsel</a>David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-80152778305275301432010-10-15T11:40:00.000-04:002010-10-15T11:40:42.836-04:00ABA Journal Weekly NewsletterFor week ending October 15, 2010<br />
<br />
<strong>TEN TOP STORIES</strong><br />
<br />
Legal Ethics<br />
<br />
Lawyer Disbarred for $3,500-an-Hour Fee and 'Bizarre Behavior'<br />
Oct 13, 2010, 10:07 am CDT<br />
<br />
Plus: Retired Judge to be Tried for Perjury, Admits Letting Witness Lie to Protect Paid Informant<br />
Oct 13, 2010, 02:57 pm CDT<br />
<br />
Law Firms<br />
Six Wildman Harrold Partners Unsure When Firm Will Allow Them to Leave<br />
Oct 12, 2010, 08:51 am CDT<br />
Plus: Layoffs of Perhaps 100 Follow Work Slowdown at Fla. Foreclosure Law Firm<br />
Oct 13, 2010, 12:24 pm CDT<br />
<br />
Careers<br />
Conservative Commentator Ann Coulter Hated Law Firm 'Suck-Uppery'<br />
Oct 12, 2010, 08:02 am CDT<br />
Plus: <br />
<br />
Labor Report Cites Rise in Nontraditional Jobs for Lawyers, Good Paralegal Prospects<br />
Oct 12, 2010, 05:30 am CDT<br />
When Giving Notice, Be Positive and Pick a Friday, Consultants Say<br />
Oct 14, 2010, 05:30 am CDT<br />
At 81, Entertainment Lawyer Bert Fields Still Bills 3,000 Hours a Year<br />
Oct 8, 2010, 05:30 am CDT<br />
Judiciary<br />
<br />
Wisconsin Judge Has Dress Code for Lawyers and Beverages<br />
Oct 14, 2010, 09:32 am CDT<br />
<br />
Plus: Public Warning Tossed Against 'We Close at 5' Texas Judge<br />
Oct 12, 2010, 07:16 am CDT<br />
<br />
The New Normal<br />
Our New Blog: 'The New Normal'<br />
Oct 13, 2010, 05:31 pm CDT<br />
<br />
Plus: 'We Don't Do Commodity Work' and Other Definitions<br />
Oct 14, 2010, 09:15 am CDT<br />
<br />
Constitutional Law<br />
Repeal the 17th Amendment? Some Candidates Back the Idea<br />
Oct 13, 2010, 05:30 am CDT<br />
<br />
<br />
U.S. Supreme Court<br />
'CSI Effect' Grips the U.S. Supreme Court<br />
Oct 13, 2010, 09:23 am CDT<br />
International Law<br />
US Lags Well Behind Other Wealthy Nations on Rule of Law, Report Says<br />
Oct 14, 2010, 08:00 am CDT<br />
<br />
Government Law <br />
Proposed Leaf-Blower Ban Generates Lots of Noise from Irked Citizens<br />
Oct 13, 2010, 02:09 pm CDT<br />
<br />
Tort Law<br />
Who's Liable for a Driverless Car Accident? Google Test Raises the Issue<br />
Oct 12, 2010, 08:35 am CDTDavid G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-68262934021670772182010-10-15T11:33:00.000-04:002010-10-15T11:33:47.414-04:00Congressional Research Service (CRS) Reports Posted October 15, 2010Mountaintop Mining: Background on Current Controversies <br />
<br />
<br />
Report No. RS21421<br />
<br />
Subjects: Natural Resources; Public Lands<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
The Help America Vote Act and Elections Reform: Overview and Issues <br />
<br />
Report No. RS20898<br />
<br />
Subjects: Elections<br />
<br />
CRS Reports, 111th Congress (10/1/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Same-Sex Adoptions <br />
<br />
Report No. RS21191<br />
<br />
Subjects: Civil Rights and Liberties; Families; Minorities<br />
<br />
CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
The Uniformed and Overseas Citizens Absentee Voting Act: Overview and Issues <br />
<br />
Report No. RS20764<br />
<br />
Subjects: Defense; Elections; Defense Policy<br />
<br />
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Uganda: Current Conditions and the Crisis in North Uganda <br />
<br />
Report No. RL33701<br />
<br />
Subjects: Uganda<br />
<br />
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Iraq: Politics, Elections, and Benchmarks <br />
<br />
Report No. RS21968<br />
<br />
Subjects: Iraq<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Tanzania: Background and Current Conditions <br />
<br />
Report No. RS22781<br />
<br />
Subjects: Tanzania<br />
<br />
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
The Small Business Innovation Research (SBIR) Program: Reauthorization Efforts <br />
<br />
Report No. RS22865<br />
<br />
Subjects: Business; Science Policy; Technology<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
The Conforming Loan Limit <br />
<br />
Report No. RS22172<br />
<br />
Subjects: Finance; Housing<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Small Business Innovation Research (SBIR) Program <br />
<br />
Report No. 96-402<br />
<br />
Subjects: Business; Technology<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
<br />
Japan-U.S. Relations: Issues for Congress <br />
<br />
Report No. RL33436<br />
<br />
Subjects: Japan<br />
<br />
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
The Temporary Assistance for Needy Families (TANF) Block Grant: Responses to Frequently Asked Questions <br />
<br />
Report No. RL32760<br />
<br />
Subjects: Welfare<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview <br />
<br />
Report No. R41449<br />
<br />
Subjects: Criminal Justice; Law<br />
<br />
CRS Reports, 111th Congress (10/13/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Burma's 2010 Election Campaign: Issues for Congress <br />
<br />
Report No. R41447<br />
<br />
Subjects: Burma<br />
<br />
CRS Reports, 111th Congress (10/6/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Kazakhstan: Recent Developments and U.S. Interests <br />
<br />
Report No. 97-1058<br />
<br />
Subjects: Kazakhstan<br />
<br />
CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Drug Courts: Background, Effectiveness, and Policy Issues for Congress <br />
<br />
Report No. R41448<br />
<br />
Subjects: Criminal Justice; Drug Abuse<br />
<br />
CRS Reports, 111th Congress (10/12/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Federal Land Management Agencies' Mandatory Spending Authorities <br />
<br />
Report No. RL30335<br />
<br />
Subjects: Budget; Public Lands<br />
<br />
CRS Reports, 111th Congress (10/5/2010; Posted: 10/15/2010)<br />
<br />
---------------------------------<br />
Poverty in the United States: 2009 <br />
<br />
Report No. RL33069<br />
<br />
Subjects: Economic Policy; Welfare<br />
<br />
CRS Reports, 111th Congress (10/4/2010; Posted: 10/15/2010)David G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-6659921827031903862010-10-15T11:28:00.000-04:002010-10-15T11:28:52.883-04:00New York Law Journal: Decisions of Interest October 15, 2010U.S. Court Of Appeals, Second Circuit<br />
Attorneys Fees <br />
Law Firm That Claims It Was 'Solely Responsible' for Settlement Denied Additional $17 Million in Fees <br />
In Re Adelphia Communications Corp, 08-4904-cv <br />
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Supreme Court, Nassau County<br />
Legal Profession <br />
Malpractice Suit Based on Cause of Action Pointed Out to Counsel by Client's Mother Proceeds <br />
Eric Reisner v. Litman & Litman, P.C., 18527/07<br />
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NEW YORK COUNTY<br />
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Criminal Practice<br />
Nod, Production of Drugs Ruled Non-Verbal Admission, Product of 'Miranda' Violation<br />
People v. Crespo <br />
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NEW YORK COUNTY<br />
Criminal Practice<br />
Stalking Charge Is Dismissed; Fears Of Complainant Are Found Unreasonable<br />
People v. Lewis <br />
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BRONX COUNTY<br />
Family Law<br />
Inquest Transcript States Intent to Cover College Tuition Without Age Limitation<br />
Bracy v. Nibbs-Bracy <br />
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KINGS COUNTY<br />
Criminal Practice<br />
Defendants Cannot Receive Jail Credit On State Sentence While in Federal Custody<br />
People v. Paccione<br />
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QUEENS COUNTY<br />
Criminal Practice<br />
Suppression of Guns Is Denied; Request to Exit Car Ruled de Minimus<br />
People v. Hines and Thomas <br />
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QUEENS COUNTY<br />
Juvenile Law<br />
Juvenile's Placement With State Agency Found Least Restrictive Alternative<br />
Matter of Naldo X. <br />
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U.S. DISTRICT COURT<br />
SOUTHERN DISTRICT OF NEW YORK<br />
Insurance Law<br />
Insurer Is Not Obligated Under Plan To Conduct Independent Exam<br />
Rotondi v. Hartford Life <br />
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U.S. DISTRICT COURT<br />
SOUTHERN DISTRICT OF NEW YORK<br />
Business Law<br />
Securities Class Action Sufficiently Pleads Scienter for False, Misleading Statements<br />
CLAL Finance Batucha Investment Management Ltd. v. Perrigo Co. <br />
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U.S. DISTRICT COURT<br />
SOUTHERN DISTRICT OF NEW YORK<br />
Employment<br />
Fired Worker Who Discussed Retirement With Employer Fails to Raise Inference of Age Bias<br />
Boston v. MacFadden Publishing Inc. <br />
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U.S. DISTRICT COURT<br />
SOUTHERN DISTRICT OF NEW YORK<br />
Criminal Practice<br />
Ineffective Assistance Claims Is Dismissed; Court Notes Rapport Between Counsel, Client<br />
Roman v. United States <br />
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U.S. DISTRICT COURT<br />
SOUTHERN DISTRICT OF NEW YORK<br />
Criminal Practice<br />
Federally Protected Constitutional Right Ruled Not Implicated by 'Jury Note' Claim<br />
Johnson v. GrahamDavid G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0tag:blogger.com,1999:blog-24071922.post-10662544155880022122010-10-15T11:15:00.000-04:002010-10-15T11:15:53.382-04:00New York Law Journal: Lead Articles October 15, 2010October 15, 2010.<br />
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Friday, October 15, 2010<br />
D.A. Seeks to Block Judge's Bid to Review Ethics of Questioning <br />
D.A. Brown Opposes Reappointment of Judge for Alleged Bias, Sources Say <br />
Full Ruling Released That Blocked Terror Trial Witness <br />
Circuit Recognizes Contribution of Firm, but Rebuffs Fee Request <br />
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Malpractice Suit Goes Forward Over Late Filing to County <br />
News In Brief <br />
High-Stakes Preemption Challenge Is Hard Fought <br />
CorrectionDavid G. Badertscherhttp://www.blogger.com/profile/17913803861427566228noreply@blogger.com0