Thursday, October 21, 2010
Congressional Research Service (CRS) Reports Posted October 21, 2010*
The Endangered Species Act (ESA) in the 111th Congress: Conflicting Values and Difficult Choices
Report No. R40185
Subjects: Animals; Natural Resources; Public Lands
CRS Reports, 111th Congress (10/8/2010; Posted: 10/21/2010)
---------------------------------
Navy LPD-17 Amphibious Ship Procurement: Background, Issues, and Options for Congress
Report No. RL34476
Subjects: Defense Policy; Weapons Systems
CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)
---------------------------------
The Arecibo Ionospheric Observatory
Report No. R40437
Subjects: Science Policy; Space Activities
CRS Reports, 111th Congress (10/13/2010; Posted: 10/21/2010)
---------------------------------
Coast Guard Polar Icebreaker Modernization: Background, Issues, and Options for Congress
Report No. RL34391
Subjects: Defense Policy
CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)
---------------------------------
Cellulosic Biofuels: Analysis of Policy Issues for Congress
Report No. RL34738
Subjects: Energy
CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010)
---------------------------------
Membership of the 111th Congress: A Profile
Report No. R40086
Subjects: Congress
CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010)
---------------------------------
Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress
Report No. R40172
Subjects: Animals; Marine Resources
CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)
---------------------------------
Rwanda: Background and Current Developments
Report No. R40115
Subjects: Rwanda
CRS Reports, 111th Congress (10/8/2010; Posted: 10/21/2010)
---------------------------------
Water Quality Issues in the 111th Congress: Oversight and Implementation
Report No. R40098
Subjects: Water Pollution; Water Resources
CRS Reports, 111th Congress (10/13/2010; Posted: 10/21/2010)
---------------------------------
Renewable Fuel Standard (RFS): Overview and Issues
Report No. R40155
Subjects: Agriculture; Energy
CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010
_______________________
*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.
Report No. R40185
Subjects: Animals; Natural Resources; Public Lands
CRS Reports, 111th Congress (10/8/2010; Posted: 10/21/2010)
---------------------------------
Navy LPD-17 Amphibious Ship Procurement: Background, Issues, and Options for Congress
Report No. RL34476
Subjects: Defense Policy; Weapons Systems
CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)
---------------------------------
The Arecibo Ionospheric Observatory
Report No. R40437
Subjects: Science Policy; Space Activities
CRS Reports, 111th Congress (10/13/2010; Posted: 10/21/2010)
---------------------------------
Coast Guard Polar Icebreaker Modernization: Background, Issues, and Options for Congress
Report No. RL34391
Subjects: Defense Policy
CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)
---------------------------------
Cellulosic Biofuels: Analysis of Policy Issues for Congress
Report No. RL34738
Subjects: Energy
CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010)
---------------------------------
Membership of the 111th Congress: A Profile
Report No. R40086
Subjects: Congress
CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010)
---------------------------------
Fishery, Aquaculture, and Marine Mammal Issues in the 111th Congress
Report No. R40172
Subjects: Animals; Marine Resources
CRS Reports, 111th Congress (10/15/2010; Posted: 10/21/2010)
---------------------------------
Rwanda: Background and Current Developments
Report No. R40115
Subjects: Rwanda
CRS Reports, 111th Congress (10/8/2010; Posted: 10/21/2010)
---------------------------------
Water Quality Issues in the 111th Congress: Oversight and Implementation
Report No. R40098
Subjects: Water Pollution; Water Resources
CRS Reports, 111th Congress (10/13/2010; Posted: 10/21/2010)
---------------------------------
Renewable Fuel Standard (RFS): Overview and Issues
Report No. R40155
Subjects: Agriculture; Energy
CRS Reports, 111th Congress (10/14/2010; Posted: 10/21/2010
_______________________
*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.
New York Law Journal: Decisions of Interest October 21, 2010.
For online access go to http://www.nylj.com/ and enter your username and password
Thursday, October 21, 2010
Supreme Court, Queens County, Part 10
Torts
Five-Year-Old Big Apple Map Held to Be Valid Notice of Defect in Trip and Fall Case
Weissman v. The City of New York, 12209/09
U.S. District Court for the Eastern District
Civil Rights
New York City Permanently Enjoined From Using Current Examination to Screen Firefighter Applicants
U.S. v. City of New York, 07-cv-2067 (NGG) (RLM)
NEW YORK COUNTY
Business Law
Shareholder Found Not to Have Breached Fiduciary Duty by Requesting Repayment
Leiser v. System D Restaurant Holdings Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Landlord Fails to Show Tenant Did Not Use Unit as Primary Residence
Extell 609 W. 137th St. LLC v. Bonilla-Morel
APPELLATE TERM
Civil Practice
Divided Panel Reverses Order Granting Insurer Vacatur of Default Judgment
A.M. Medical Services PC v. Liberty Mutual Insurance Co.
QUEENS COUNTY
Business Law
Permanent Injunction, Constructive Trust Granted Against Dissident Church Members
Classis of Queens Reformed Church in America v. Members of the Superceded Consistory of the Taiwanese American Reformed Church in Queens
SUFFOLK COUNTY
Real Property
In Foreclosure Action, Court Denies Bank Order of Reference for Inconsistencies
Deutsche Bank Trust Co. v. McCoy
SUFFOLK COUNTY
Civil Practice
Court Rejects Bid for Subpoena as Labor Union Leader Privilege Ruled Inapplicable
Matter of Suffolk County Ethics Commission v. Felice
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Principal's Decision to Demote Assistant May Have Been Motivated by Pregnancy
Herbert v. City of New York
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Constitutional Law
No Defamation Found Where Headline Does Not Mention Plaintiffs' Names
Triano v. Gannett Satellite Information Network Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Damages
Fired Employee May Be Entitled To Damages on Withheld Commissions
Dreyfuss v. eTelecare Global Solutions-US Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Complaint Sufficiently Alleges Individuals' Connection With Sites That Sold Counterfeits
Balenciaga America Inc. v. Dollinger
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Court Realigns Parties to Create Complete Diversity in Declaratory Judgment Action
Gurney's Inn Resort & Spa Ltd. v. Benjamin
How to contact us should you have questions:
New York Law Journal®
120 Broadway, New York, NY 10271-1101
Customer Service Phone: (877) 256-2472
Thursday, October 21, 2010
Supreme Court, Queens County, Part 10
Torts
Five-Year-Old Big Apple Map Held to Be Valid Notice of Defect in Trip and Fall Case
Weissman v. The City of New York, 12209/09
U.S. District Court for the Eastern District
Civil Rights
New York City Permanently Enjoined From Using Current Examination to Screen Firefighter Applicants
U.S. v. City of New York, 07-cv-2067 (NGG) (RLM)
NEW YORK COUNTY
Business Law
Shareholder Found Not to Have Breached Fiduciary Duty by Requesting Repayment
Leiser v. System D Restaurant Holdings Inc.
NEW YORK COUNTY
Landlord/Tenant Law
Landlord Fails to Show Tenant Did Not Use Unit as Primary Residence
Extell 609 W. 137th St. LLC v. Bonilla-Morel
APPELLATE TERM
Civil Practice
Divided Panel Reverses Order Granting Insurer Vacatur of Default Judgment
A.M. Medical Services PC v. Liberty Mutual Insurance Co.
QUEENS COUNTY
Business Law
Permanent Injunction, Constructive Trust Granted Against Dissident Church Members
Classis of Queens Reformed Church in America v. Members of the Superceded Consistory of the Taiwanese American Reformed Church in Queens
SUFFOLK COUNTY
Real Property
In Foreclosure Action, Court Denies Bank Order of Reference for Inconsistencies
Deutsche Bank Trust Co. v. McCoy
SUFFOLK COUNTY
Civil Practice
Court Rejects Bid for Subpoena as Labor Union Leader Privilege Ruled Inapplicable
Matter of Suffolk County Ethics Commission v. Felice
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Employment
Principal's Decision to Demote Assistant May Have Been Motivated by Pregnancy
Herbert v. City of New York
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Constitutional Law
No Defamation Found Where Headline Does Not Mention Plaintiffs' Names
Triano v. Gannett Satellite Information Network Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Damages
Fired Employee May Be Entitled To Damages on Withheld Commissions
Dreyfuss v. eTelecare Global Solutions-US Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Complaint Sufficiently Alleges Individuals' Connection With Sites That Sold Counterfeits
Balenciaga America Inc. v. Dollinger
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Practice
Court Realigns Parties to Create Complete Diversity in Declaratory Judgment Action
Gurney's Inn Resort & Spa Ltd. v. Benjamin
How to contact us should you have questions:
New York Law Journal®
120 Broadway, New York, NY 10271-1101
Customer Service Phone: (877) 256-2472
LAW.COM Newswire Highlights October 21, 2010
A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
N.Y. Courts to Require Attorneys to Verify Foreclosure Papers
New York Law Journal
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.
Bondholders Gear Up to Sue Banks Over $47 Billion in Countrywide Mortgage-Backed Securities
The American Lawyer
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.
9th Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
The National Law Journal
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.
Former Greenberg Lawyer Pleads Guilty to $500,000 Fraud
The American Lawyer
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.
Vet May Seek Punitives in Claim for Denial of Job Reinstatement
The Legal Intelligencer
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."
Suit Says Wilson Sonsini Tried to Hide Conflict
The Recorder
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.
Judge Approves Disclosure Statement for WaMu Reorganization Plan
The American Lawyer
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.
Bayer Agrees to 'Watershed' Settlement in 7,000-Case Rice Crop Contamination Litigation
The American Lawyer
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.
DOJ, Plaintiffs Lawyers Announce $680 Million Settlement in American Indian Discrimination Suit
The National Law Journal
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.
8th Circuit Affirms Pre-emption Dismissal of Defibrillator Cases Against Medtronic
The American Lawyer
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.
Full 2nd Circuit Upholds N.Y. Law Allowing Longer Terms for Felons
New York Law Journal
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.
Calif. Judge Certifies Class of Oracle Employees in Wage-and-Hour Suit
The Recorder
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.
Attorney Sentenced to 5 Years for OxyContin Possession
The Associated Press
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.
Review: Nuance PDF Converter 7
Special to Law.com
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.
Visit Legal Technology
If Lockstep Is Dead, How About a 'Miles Earned' Type of System?
Fulton County Daily Report
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?
Visit lawjobs.com News & Views
The Careerist: Les Femmes Fatiguees
The Careerist
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
Visit The Careerist
N.Y. Courts to Require Attorneys to Verify Foreclosure Papers
New York Law Journal
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.
Bondholders Gear Up to Sue Banks Over $47 Billion in Countrywide Mortgage-Backed Securities
The American Lawyer
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.
9th Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
The National Law Journal
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.
Former Greenberg Lawyer Pleads Guilty to $500,000 Fraud
The American Lawyer
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.
Vet May Seek Punitives in Claim for Denial of Job Reinstatement
The Legal Intelligencer
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."
Suit Says Wilson Sonsini Tried to Hide Conflict
The Recorder
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.
Judge Approves Disclosure Statement for WaMu Reorganization Plan
The American Lawyer
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.
Bayer Agrees to 'Watershed' Settlement in 7,000-Case Rice Crop Contamination Litigation
The American Lawyer
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.
DOJ, Plaintiffs Lawyers Announce $680 Million Settlement in American Indian Discrimination Suit
The National Law Journal
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.
8th Circuit Affirms Pre-emption Dismissal of Defibrillator Cases Against Medtronic
The American Lawyer
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.
Full 2nd Circuit Upholds N.Y. Law Allowing Longer Terms for Felons
New York Law Journal
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.
Calif. Judge Certifies Class of Oracle Employees in Wage-and-Hour Suit
The Recorder
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.
Attorney Sentenced to 5 Years for OxyContin Possession
The Associated Press
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.
Review: Nuance PDF Converter 7
Special to Law.com
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.
Visit Legal Technology
If Lockstep Is Dead, How About a 'Miles Earned' Type of System?
Fulton County Daily Report
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?
Visit lawjobs.com News & Views
The Careerist: Les Femmes Fatiguees
The Careerist
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
Visit The Careerist
Wednesday, October 20, 2010
News From the Blawgsphere October 20, 2010
Planned Missouri execution stays stayed over Sixth Amendment jury issue
posted by Doug B. at Sentencing Law and Policy -
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."
A.M. Roundup: Monserrate indicted, DiNapoli’s warning
posted by Jimmy Vielkind at Capitol Confidential -
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
Murder Is Excusable, But Being Gay....
posted by Orin Kerr at The Volokh Conspiracy -
(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...
Average Homicide Cost Is $17.25M, Study Concludes"
posted by CrimProf BlogEditor at CrimProf Blog -
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....
Avi Steinberg
posted by Leonard Kniffel at American Libraries Magazine - The magazine of the American Library Association -
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,”
Zimmerman's Research Guide: Subscribe to The ZRG Blog's RSS Feed for Legal Research Alerts
posted by Joe Hodnicki at Law Librarian Blog -
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
The Bluebook (be)comes Standard on WLN.
posted by Law Librarian at Law Librarian Blog
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....
To Be Avoided: The Biases Over-Reliance on Expensive Commercial Online Services Can Create When They Dominate Access to Public Information
posted by Joe Hodnicki at Law Librarian Blog -
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..."
posted by Doug B. at Sentencing Law and Policy -
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."
A.M. Roundup: Monserrate indicted, DiNapoli’s warning
posted by Jimmy Vielkind at Capitol Confidential -
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
Murder Is Excusable, But Being Gay....
posted by Orin Kerr at The Volokh Conspiracy -
(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...
Average Homicide Cost Is $17.25M, Study Concludes"
posted by CrimProf BlogEditor at CrimProf Blog -
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....
Avi Steinberg
posted by Leonard Kniffel at American Libraries Magazine - The magazine of the American Library Association -
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,”
Zimmerman's Research Guide: Subscribe to The ZRG Blog's RSS Feed for Legal Research Alerts
posted by Joe Hodnicki at Law Librarian Blog -
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
The Bluebook (be)comes Standard on WLN.
posted by Law Librarian at Law Librarian Blog
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....
To Be Avoided: The Biases Over-Reliance on Expensive Commercial Online Services Can Create When They Dominate Access to Public Information
posted by Joe Hodnicki at Law Librarian Blog -
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..."
New York Law Journal: Highlights October 20, 2010
Subscription required for online access http://www.nylj.com/
October 20 2010.
To see Decisions of Interest go to: http://www.law.com/jsp/nylj/decisions.jsp#doi
To see lead articles for October 20, 2010 go to http://www.law.com/jsp/nylj/thisWeeksNews.jsp
October 20 2010.
To see Decisions of Interest go to: http://www.law.com/jsp/nylj/decisions.jsp#doi
To see lead articles for October 20, 2010 go to http://www.law.com/jsp/nylj/thisWeeksNews.jsp
Monday, October 18, 2010
Congressional Research Service (CRS) Reports Posted October 18, 2010*
The TANF Emergency Contingency Fund
Report No. R41078
Subjects: Welfare
CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)
---------------------------------
Environmental Protection Agency (EPA): Appropriations for FY2011
Report No. R41149
Subjects: Budget; Environmental Protection
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
Location-Based Preferences in Federal and Federally Funded Contracting: An Overview of the Law
Report No. R41115
Subjects: Public Contracts
CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)
---------------------------------
Federal Research and Development Funding: FY2011
Report No. R41098
Subjects: Science Policy; Technology
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
Afghanistan Casualties: Military Forces and Civilians
Report No. R41084
Subjects: Afghanistan
CRS Reports, 111th Congress (9/30/2010; Posted: 10/18/2010)
---------------------------------
Warranted but Precluded: What That Means Under the Endangered Species Act (ESA)
Report No. R41100
Subjects: Animals; Environmental Protection; Natural Resources
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
Small Business Administration 7(a) Loan Guaranty Program
Report No. R41146
Subjects: Business
CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)
---------------------------------
Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
Report No. R41161
Subjects: Budget; Criminal Justice; Science Policy; Trade
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
The 2007-2009 Recession: Similarities to and Differences from the Past
Report No. R40198
Subjects: Economic Policy; Finance
CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)
---------------------------------
Small Business Administration Microloan Program
Report No. R41057
Subjects: Business; Finance
CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)
---------------------------------
The Inapplicability of Limitations on Subcontracting to 'Preference Contracts' for Small Businesses: Washington-Harris Group
Report No. R40998
Subjects: Business; Public Contracts
CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)
---------------------------------
Contracting Programs for Alaska Native Corporations: Historical Development and Legal Authorities
Report No. R40855
Subjects: Business; Minorities; Public Contracts
CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)
---------------------------------
GAO Bid Protests: An Overview of Timeframes and Procedures
Report No. R40228
Subjects: Public Contracts
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
Social Security Administration: Workload and Related Issues
Report No. R40207
Subjects: Social Security
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
Federal Aviation Administration (FAA) Reauthorization: An Overview of Legislative Action in the 111th Congress
Report No. R40410
Subjects: Budget; Transportation
CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)
---------------------------------
The Temporary Assistance for Needy Families Block Grant: An Introduction
Report No. R40946
Subjects: Welfare
CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)
---------------------------------
The U.S. Postal Service's Financial Condition: Overview and Issues for Congress
Report No. R41024
Subjects: Communications; Executive Branch Depts.
CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)
___________________________
*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.
Report No. R41078
Subjects: Welfare
CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)
---------------------------------
Environmental Protection Agency (EPA): Appropriations for FY2011
Report No. R41149
Subjects: Budget; Environmental Protection
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
Location-Based Preferences in Federal and Federally Funded Contracting: An Overview of the Law
Report No. R41115
Subjects: Public Contracts
CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)
---------------------------------
Federal Research and Development Funding: FY2011
Report No. R41098
Subjects: Science Policy; Technology
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
Afghanistan Casualties: Military Forces and Civilians
Report No. R41084
Subjects: Afghanistan
CRS Reports, 111th Congress (9/30/2010; Posted: 10/18/2010)
---------------------------------
Warranted but Precluded: What That Means Under the Endangered Species Act (ESA)
Report No. R41100
Subjects: Animals; Environmental Protection; Natural Resources
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
Small Business Administration 7(a) Loan Guaranty Program
Report No. R41146
Subjects: Business
CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)
---------------------------------
Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
Report No. R41161
Subjects: Budget; Criminal Justice; Science Policy; Trade
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
The 2007-2009 Recession: Similarities to and Differences from the Past
Report No. R40198
Subjects: Economic Policy; Finance
CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)
---------------------------------
Small Business Administration Microloan Program
Report No. R41057
Subjects: Business; Finance
CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)
---------------------------------
The Inapplicability of Limitations on Subcontracting to 'Preference Contracts' for Small Businesses: Washington-Harris Group
Report No. R40998
Subjects: Business; Public Contracts
CRS Reports, 111th Congress (10/6/2010; Posted: 10/18/2010)
---------------------------------
Contracting Programs for Alaska Native Corporations: Historical Development and Legal Authorities
Report No. R40855
Subjects: Business; Minorities; Public Contracts
CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)
---------------------------------
GAO Bid Protests: An Overview of Timeframes and Procedures
Report No. R40228
Subjects: Public Contracts
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
Social Security Administration: Workload and Related Issues
Report No. R40207
Subjects: Social Security
CRS Reports, 111th Congress (10/4/2010; Posted: 10/18/2010)
---------------------------------
Federal Aviation Administration (FAA) Reauthorization: An Overview of Legislative Action in the 111th Congress
Report No. R40410
Subjects: Budget; Transportation
CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)
---------------------------------
The Temporary Assistance for Needy Families Block Grant: An Introduction
Report No. R40946
Subjects: Welfare
CRS Reports, 111th Congress (10/1/2010; Posted: 10/18/2010)
---------------------------------
The U.S. Postal Service's Financial Condition: Overview and Issues for Congress
Report No. R41024
Subjects: Communications; Executive Branch Depts.
CRS Reports, 111th Congress (10/5/2010; Posted: 10/18/2010)
___________________________
*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.
Top Ten Liel from 2010 Campaign Ads
posted by Richard Dunham, Bureau Chief at Capitol Confidential
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...
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...
New York Law Journal: October 18, 2010
Subscription required for online access unless otherwixe noted:
Decisions of Interest and Decisions in the News.
This Week's News - Ending October 18, 2010
Outside Counsel
Decisions of Interest and Decisions in the News.
This Week's News - Ending October 18, 2010
Outside Counsel
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