Second Circuit: Fair Sentencing Act is not Retroactive

Summary Summaryposted by Steve Statsinger at Second Circuit Blog
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...

U.S. Supreme Court Vacates order Blocking Execution Based on Speculation About Method of Execution

Supreme Court Vacates Order Blocking Execution Based on Speculation About Method of Execution
posted by Orin Kerr at The Volokh Conspiracy

(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...

Congressional Research Reports (CRS) Posted on October 27, 2010*

Coast Guard Deepwater Acquisition Programs: Background, Oversight Issues, and Options for Congress


Report No. RL33753

Subjects: Drug Abuse; Immigration; Defense Policy

CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)

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Navy Irregular Warfare and Counterterrorism Operations: Background and Issues for Congress

Report No. RS22373

Subjects: Terrorism; Defense Policy

CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)

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Tariff Modifications: Miscellaneous Tariff Bills

Report No. RL33867

Subjects: Trade

CRS Reports, 111th Congress (10/20/2010; Posted: 10/27/2010)

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Regular Vetoes and Pocket Vetoes: An Overview

Report No. RS22188

Subjects: Congress; Presidents

CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)

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Veterans' Benefits: Pension Benefit Programs

Report No. RS22804

Subjects: Veterans; Pensions

CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)

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Cellulosic Ethanol: Feedstocks, Conversion Technologies, Economics, and Policy Options

Report No. R41460

Subjects: Agriculture; Energy

CRS Reports, 111th Congress (10/22/2010; Posted: 10/27/2010)

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U.S. International Trade: Trends and Forecasts

Report No. RL33577

Subjects: Trade

CRS Reports, 111th Congress (10/15/2010; Posted: 10/27/2010)

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Afghanistan: Post-Taliban Governance, Security, and U.S. Policy

Report No. RL30588

Subjects: Terrorism; Afghanistan

CRS Reports, 111th Congress (10/19/2010; Posted: 10/27/2010)

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Recreation Fees Under the Federal Lands Recreation Enhancement Act

Report No. RL33730

Subjects: Public Lands

CRS Reports, 111th Congress (10/21/2010; Posted: 10/27/2010)

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Proliferation Control Regimes: Background and Status

Report No. RL31559

Subjects: Terrorism; National Defense

CRS Reports, 111th Congress (10/18/2010; Posted: 10/27/2010)
________________________
*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.

LAW.COM Newswire Highlights October 27, 2010

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October 27, 2010.

GlaxoSmithKline to Pay $750M to Settle Federal Charges Over Adulterated Drugs


The National Law Journal
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.


Judge Credits AstraZeneca's 'Prior Invention' Claim in Patent Fight

The Legal Intelligencer
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."


Government's 'Duty to Defend' Not a Given

The National Law Journal
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.

Baker & McKenzie Hit With $103 Million Malpractice Verdict


The American Lawy
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.



Gay Mich. Student Drops Protection Request Against Assistant AG

The Associated Press
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.



Disbarment Sought for Attorney Who Claimed to Channel Client's Dead Wife

The National Law Journal
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.



9th Circuit Delivers Death Blow to Off-Label Marketing Suit Against Amgen

The American Lawyer
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.



Court Declines to Sanction Former Partner Suing Holland & Knight

New York Law Journal
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.



Free Speech Protects Amazon Buyers' Data, Federal Judge Rules

The Associated Press
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.



Lawyer Arrested for Allegedly Making Threatening, Racist Phone Calls

New York Law Journal
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.



Lawyer Files Continuance for 'Very Important Baseball Business' -- Attending World Series

Texas Lawyer
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.

Sidley Austin Looks to Riverbed to Build a Broader Network

Legal Tech Newsletter
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.

Visit Legal Technology

The Careerist: The Power Look -- White Males Only?

The Careerist

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?

Visit The Careerist

Managing Partners Have Positive Outlook, Survey Shows

Daily Business Review
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.

Visit lawjobs.com News & Views
Some Disabled Lawyers Find Going Solo Works Best

The National Law Journal



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.

Visit Small Firm Business

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

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October 27, 2010.

1. The People of the State of New York, Respondent, v. Kevin Anderson, Defendant-Appellant.


Slip Copy, N.Y.A.D. 1 Dept. 2010., 3440- 3441

_________________________ 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 . . .





2. The People of the State of New York, Respondent, v. Segundo Tutiven, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3443

_________________________ 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. . .





3. The People of the State of New York, Respondent, v. Thomas Correa, etc., Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3444

_________________________ 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. . .





4. The People of the State of New York, Respondent, v. Danny Sarita, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3445

_________________________ 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. . .





5. The People of the State of New York, Respondent, v. Jerry Williams, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3449

_________________________ 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. . .





6. The People of the State of New York, Respondent, v. Joseph Grant, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3450

_________________________ 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 . . .





7. & The People of the State of New York, Respondent, v. Edward Bowman, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3452 M-4521

_________________________ 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 . . .





8. The People of the State of New York, Respondent, v. Troy Manners, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3453

_________________________ 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. . .





9. The People of the State of New York, Respondent, v. Trevor Simms, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3455

_________________________ 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 . . .





10. The People of the State of New York, Respondent, v. Kijuan Smith, Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3462

_________________________ 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 . . .





11. The People of the State of New York, Respondent, v. Alexis Mendez, etc., Defendant-Appellant.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3465

_________________________ 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. . .





12. The People of the State of New York, Respondent, v. Ronald Gantt, Defendant-Respondent.

--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3470

_________________________ 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. . .





13. The PEOPLE of the State of New York, Respondent, v. Clarence WILLIAMS, also known as Fletcher Anderson Worrell, Defendant- Appellant.

908 N.Y.S.2d 194, N.Y.A.D. 1 Dept. 2010.,

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 . . .





14. The PEOPLE of the State of New York, Appellant, v. Jason MACK, Defendant-Respondent.

908 N.Y.S.2d 181, N.Y.A.D. 1 Dept. 2010.,

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. . .

Congressional Research Service (CRS) Reports Posted on October 26, 2010*

High Risk Pools Under PPACA and the Coverage of Elective Abortion Services


Memorandum No. M-072310

Subjects: Abortion; Health Policy

CRS Reports, 111th Congress (7/23/2010; Posted: 10/26/2010)

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Mandatory Coverage of Certain Preventive Health Services Under Section 1001 of the Patient Protection and Affordable Care Act

Memorandum No. M-092910

Subjects: Health Policy

CRS Reports, 111th Congress (9/29/2010; Posted: 10/26/2010)

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Preliminary assessment of efficiency initiatives announced by Secretary of Defense Gates on August 9, 2010

Memorandum No. M-081210

Subjects: Defense Economics

CRS Reports, 111th Congress (8/12/2010; Posted: 10/26/2010)

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Legal Analysis of Section 1311(e)(1)(B) of the Patient Protection and Affordable Care Act and State-Sponsored Public Health Plans

Memorandum No. M-092410

Subjects: Health Policy

CRS Reports, 111th Congress (9/24/2010; Posted: 10/26/2010)

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Final Rules Pursuant to the Patient Protection and Affordable Care Act During the First Six Months of Implementation

Memorandum No. M-100610

Subjects: Health Policy

CRS Reports, 111th Congress (10/6/2010; Posted: 10/26/2010)

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House Committees: Categories and Rules for Committee Assignments

Report No. 98-151

Subjects: Congress

CRS Reports, 111th Congress (10/19/2010; Posted: 10/26/2010)

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Constitutional Issues Raised by Pending Bills to Expand Liability under the Death on the High Seas Act and the Jones Act

Memorandum No. M-062810

Subjects: Constitution; Law

CRS Reports, 111th Congress (6/28/2010; Posted: 10/26/2010)

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Questions Regarding Employer Responsibility Requirements and Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act

Memorandum No. M-042910

Subjects: Congress; Health Policy; State and Local Government

CRS Reports, 111th Congress (4/29/2010; Posted: 10/26/2010)

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SBA Small Business Investment Company Program

Report No. R41456

Subjects: Business; Finance

CRS Reports, 111th Congress (10/21/2010; Posted: 10/26/2010)

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EPA's Boiler MACT: Controlling Emissions of Hazardous Air Pollutants

Report No. R41459

Subjects: Air Pollution

CRS Reports, 111th Congress (10/21/2010; Posted: 10/26/2010)

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Questions About Health Reform and Noncitizens

Memorandum No. M-052710

Subjects: Health Policy; Immigration

CRS Reports, 111th Congress (5/27/2010; Posted: 10/26/2010
_________________________________
*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.

Overcriminalization 2,0

Overcriminalization 2.0 - An Incredible Conference
posted by White Collar Crime Prof Blogger at White Collar Crime Prof Blog

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...

Governor Paterson: AEG Report "Clears Me of Any Wrongdoing'

Air Paterson: AEG report ‘clears me of any wrongdoing’
posted by Casey Seiler at Capitol Confidential 

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 —...

Selections from New York and National Legal News October 26, 2010

Subscription required  for online access unless otherwise noted:

New York Law Journal Highlights October 26, 2010.

http://www.nylj.com/

Democrat Outpaces Republican in Campaign Contributions
New York Law Journal
Panel Orders Review of 9/11 Firefighter's Loss of His Benefits
New York Law Journal

Business Pressures, Conflict Potential Prompt Firm to Take Sides in Drug Company IP Cases
New York Law Journal

Chief Judge Expands Reach of 'Emeritus' Pro Bono Effort
New York Law Journal

News In Brief
New York Law Journal

Justice Roberts Recalled as Gruff but Fair
New York Law Journal

Corrections
New York Law Journal

The BLT: Blog of the Legal Times of Washington D.C.

Hundreds of Native American Languages On Big Site

posted by ResearchBuzz at ResearchBuzz - October 25, 2010.

Thanks to Drake Library for the pointer to Native Languages of the Americas, available at http://www.native-languages.org/. 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.

Selctions from National and New York Legal News: October 25, 2010

October 25, 2010

News from Law.com Newswire

News from the New York Law Journal: Subscription required.

From the National Law Journal: Subscription required

From NLJ: Legal Times of Washington: Subscription required