The Law Blog

Dec 8 News

• View Legal headlines on HDLNS.com

  HDLNS.com is the easiest to use aggregated content RSS Reader on the net. No need to sign up, nothing to remember. Just browse and read. (read)

• New York Criminal Law attorney, Darren DeUrso is the he Hands-on Attorney S

  You have choices when you are charged with a crime in the White Plains, New York area. Darren DeUrso is the proven 'Right Choice'. His dedication and compassion make him a leader in his field. (read)

• 'Exclusive Remedy' for Losing Your Face?

  Usually employers try to prove that someone is not an employee, in order to avoid the workers comp liability. (Think 'independent contractor.') Today we examine a truly horrific case where the employer is desperate to establish compensability under w (read)

• Record Label Sues Google and Microsoft for Linking to Infringing Music--Blu

  By Eric Goldman Blues Destiny Records LLC v. Google, Inc., 3:09-cv-00538-WS-EMT (N.D. Fla. complaint filed Dec. 7, 2009) [warning: 1.5MB... (read)

• 2009 Counterfeit Goods Statistics

  Customs and Border Protection has posted its annual report on the seizure of counterfeit merchandise. Here are some highlights:Almost 15,000 seizures of counterfeit merchandiseThe seizures amounted to $260 million in domestic valueThere was a small (read)

• Local Club Hosts Pearl Harbor Dinner

  As reported in the Portland Press Herald, the Woodfords Club is hosting a Pearl Harbor dinner in honor of the 68th anniversary of Pearl Harbor Day. I'll be there will be lots of interesting stories that night! (read)

• Bob Ricker dead

  Brady Campaign eulogy here. I knew him before he turned his coat and went with them, and he was a decent guy. The version they give is a bit sanitized... his change came more like the group he was was supported by gun makers, but got too close with (read)

• Verizon Retirees Seek Class-Action Status for Pension Lawsuit

  Excerpt: 'Retirees of Verizon Communications Inc., Basking Ridge, N.J., are seeking class-action status from a U.S. District Court in Dallas, claiming that in November 2006 they and other employees were involuntarily switched from Verizon's pension p (read)

• will mumbai real estate see dip in march 2010???

  any feed backs (read)

• Parking Lots: Confusion about laws, right-of-way causes accidents

  'Tis the season for Black Friday sales, doorbusters, and last-minute Christmas shopping. Which means it is also the season for crowded parking lots, single-minded shoppers, and cranky children. What does all of this mean? It means that, now more tha (read)

• Call for separate ministry for disabled

  Individual.com Dec 9 2009 2:06AM GMT (read)

• Workers who abandoned disabled patients avoid charges

  CBC Sudbury Dec 9 2009 12:55AM GMT (read)

• For disabled, pooled trusts can ease finance woes

  Providence Business News Dec 9 2009 12:33AM GMT (read)

• Helping hands reach out to disabled kids

  Cumberland Courier Dec 9 2009 12:05AM GMT (read)

• Workers who abandoned disabled patients avoid charges

  CBC Dec 8 2009 11:52PM GMT (read)

• Bionic Fingers: ProDigits Offers Hope To The Disabled (VIDEO)

  Huffington Post Dec 8 2009 11:41PM GMT (read)

• Caring For Elderly And Disabled Is A Family Affair

  NPR Dec 8 2009 10:58PM GMT (read)

• Abuse of disabled parking 'common'

  Christchurch Press Dec 8 2009 10:44PM GMT (read)

• SC inmates training dogs to help the disabled

  Spartanburg Herald-Journal Dec 8 2009 10:26PM GMT (read)

• Employment for Gozo's disabled

  Malta Independent Daily Dec 8 2009 10:09PM GMT (read)

• Disabled People South Devon 20th anniversary

  Devon Herald Express Dec 8 2009 9:07PM GMT (read)

• Accor is working on an internal communication campaign on disability

  Accor.com Dec 8 2009 9:06PM GMT (read)

• Florist 'drowned disabled daughter in the bath by accident before throwing

  Mail Online UK Dec 8 2009 8:25PM GMT (read)

• Delta to employ disabled persons

  Nigeria Guardian Dec 8 2009 7:32PM GMT (read)

• Disabled Southsea teenager stuck at home after ramp theft Cruel thieves sto

  Portsmouth Today Dec 8 2009 7:30PM GMT (read)

• San Jose Bankruptcy Attorney comments on the interest and surcharges on un

  San Jose Bankruptcy Attorney  comments on the interest and surcharges on unpaid child support driving some parents to bankruptcy and facing jail time. To cut down on the amount of unpaid child support, many states have enacted provisions that all (read)

• Cool tool for GoogleApps/Gmail users: Gboard

  If your office uses GoogleApps, one slick $20 device that would make it considerably easier to efficiently use Gmail would be Gboard. Gboard is a USB number pad configured for linking directly to the keyboard shortcuts (forward, reply to all, etc.) t (read)

• Mainz, Germany

  A thirty minutes drive from the Frankfurt Airport, this is Johannes Gutenberg's town, and one of the oldest in the region. The first European books printed using movable type were produced in Mainz in the mid-1400s. Rome began taking liberties with (read)

• Les Bouquinistes

  More than a tower or a statue, or an artist's or soldier's name on a plaque or street post, the green bookstalls of Paris are the city's most apt and enduring mark. It's hard to say what's better: the hundreds of paintings and etchings of les bouqui (read)

• Dunn v. Patterson: A Rant

  I can't remember a recent judicial opinion I've disagreed with more than the Illinois 3rd District's opinion in Dunn v. Patterson. The facts of the case are fairly simple: Charles and Charlotte Dunn had Lawrence Patterson, an attorney, prepare estate (read)

• Pacquaio-Mayweather Title Tilt Purportedly Set for March

  Manny Pacquaio and Floyd Mayweather, Jr. have purportedly agreed to all of the major terms of a deal to fight each other on March 13, with an announcement coming as soon as Tuesday.  Top Rank is promoting the fight which may turn out to be one o (read)

• 8 Franchise Relocations That Didn't Happen

  In the spirit of my earlier post about markets that would be able to support major professional sports franchises, here is a list of eight franchise relocations that fell through.  In several cases, we can all consider ourselves blessed that the (read)

• NCAA Discusses Expanded Men's Basketball Tourney with TV

  The NCAA currently has an 11 year, $6 billion deal with CBS to broadcast the men's basketball tournament. It has an escape clause that allows it to terminate the agreement after the 2010 Final Four. According to an article in the Sports Business Jo (read)

• The Development of the Decade in Legal Academia?

  I'm usually not a huge fan of 'Year in Review' lists. I don't even watch 'I Love the 70s/80s/90s.' But over the past few weeks, decade retrospectives have become about as consciousness-permeating as holiday music, and somehow I find that I can't resi (read)

• What are the good bad books today?

  The term 'good bad books' originates with George Orwell, I think: He used it to refer to low-brow books that lacked the academic or cultural pretension of great literature but nevertheless were irresistibly fun for intelligent people to read. At the (read)

• Death Be Not Proud

  In the aftermath of Ohio's latest execution (read Ian Urbina's reporting in the NYTimes; this one was the first to be done with a single shot of a powerful narcotic ), I was cheered to read my colleague (and teacher) Frank Zimring's column in yesterd (read)

• Ben Kuehne Wants To Say Thank You

  BENEDICT P. KUEHNEIn Grateful Appreciation of theOverwhelming Community Support of his InnocenceInvites the Community to hisAPPRECIATION RECEPTIONOn the Occasion of his VindicationSky lobbyBank of America tower100 S.E. 2nd StreetMiami, Florida 33131T (read)

• Obama DOJ Still Helping Yoo

  The Obama DOJ no longer represents former Bush administration lawyer John Yoo in Yoo's suit against Jose Padilla. But the Obama administration is still working on Yoo's behalf in the case. (read)

• Football and the Law: Why Aren't Instant Replays Reviewed 'De Novo'?

  A Duke law professor recently asked the following about the NFL and 'judging': why are NFL instant replays subject to a heightened standard of review that requires 'conclusive' or 'indisputable' evidence to overturn an incorrect call? (read)

• A Post About Sex, Religion, Law School, and the Supreme Court

  he Supreme Court on Monday agreed to hear a fascinating case involving freedom of religion and non-discrimination policies in public schools. From where we sit, what makes the case -- Christian Legal Society v. Martinez -- so compelling is that both (read)

• LB Obit: DUI Lawyer Richard Essen, the 'King of the Pretrial Motion'

  A 'Remembrances' column appearing WSJ on Tuesday about DUI lawyer Richard Essen proves that you don't have to be Marty Lipton, Bill Lerach or some other high-flier to be considered a legal pioneer. (read)

• Jury Hangs in Hal Turner Case; Retrial Scheduled for March

  On Monday, after jurors in Brooklyn said they were deadlocked in the case involving Hal Turner, a radio host who encouraged violence against several federal judges, the judge declared a mistrial. (read)

• Does Justice Kennedy Hold the Keys to Sarb-Ox's Fate?

  Whither Sarbanes-Oxley? Come June, will the law exist in its current form or will it have to be dismantled or reconstituted, the result of a hostile Supreme Court ruling? According to WSJ Supreme Court correspondent Jess Bravin, the conservatives and (read)

• Monty Program AB's Suggestion to EU Commission to Get Rid of the GPL on MyS

  I will now share with you a small section of the Monty Program AB's submission to the EU Commission, including its suggestion to replace the GPL with a more proprietary-friendly license, specifically the Apache license. I mentioned it in my first (read)

• More on Christian Legal Society v. Martinez

  In 2008, Eugene, Andy Koppelman, and I appeared on a Federalist Society panel on 'Freedom of Speech v. Antidiscrimination Law.'  It so happens that I was asked to address the question raised in Martinez, whether a public university may ban a  stude (read)

• Sotomayor's First

  The Supreme Court's newest justice, Sonia Sotomayor, authored the Court's first signed majority opinion of the term, a unanimous opinion in Mohawk Industries v. Carpenter.  (Justice Thomas wrote an opinion concurring in part and concurring in the ju (read)

• 'Mr Squiggles Is In the Clear'

  Zhu Zhu pets are the hot Christmas toy this year (at least that's what they tell me).  Then a safety scare threatened  to dampen the holiday fervor for these fury critters, after a web site claimed one Zhu Zhu model contained unsafe levels of antim (read)

• Russian Emigres

  Ilya's post below about intellectuals and inventors who left Soviet Russia for the U.S. reminded me of this poem by Bulat Okudzhava [UPDATE: Link fixed, sorry about the error]. It's unfortunately only accessible to Russian speakers, but we have a fe (read)

• Shaping Up to Be a Big Free Speech Clause Term at the Supreme Court

  Between Citizens United (which has to do with corporate speech related to candidates for office), Stevens (which is an important case about the limits of the 'produced using criminal conduct' rationale for punishing speech, the 'lacks serious value' (read)

• Ideological Groups Being Taken Over by Those Hostile to the Underlying Ideo

  A commenter (Tim) on an earlier thread raised an important objection to rules that bar religious discrimination by campus groups (including religious groups): Imagine that anyone, regardless of religious belief, were allowed to become voting members (read)

• Toyota's Massive Recall Leaves Some Questions Unanswered

  As thousands of sources are reporting, Toyota has issued a massive recall of over 4 million vehicles after numerous reports of stuck accelerators cause some vehicles to accelerate out of control. As this CBS video shows, the accelerator pedals in ce (read)

• [Guidance Overview] Disability Plan's Interpretation of Earnings to Exclude

  Excerpt: 'EBIA Comment: The result in this case highlights the importance of giving discretionary authority to those who decide benefit appeals. Without such discretion, the court would have had to examine more closely the company's premises and reas (read)

• Practice: Contact Congress About Consults

  The AAN strongly opposes the elimination of inpatient and outpatient consultation services codes. Without Congressional intervention, this elimination will take effect January 1, 2010. (Source: American Academy of Neurology) (read)

• Advocacy: Involve Your Patients in Health Care Reform Advocacy

  With many voices weighing in on health care reform, the Academy has developed a sample message that members may give to patients interested in advocating on behalf of neurology. The draft letter highlights the Academy's primary objectives in health r (read)

• Applicability of ELISA detection of statherin for forensic identification o

  In conclusion, ELISA for detection of statherin developed in this study could be an effective tool for the forensic identification of saliva because of its specificity for saliva among other body fluids. Forensic casework samples should be tested by (read)

• Can A District Court Have Just a 'Little Bit' of CAFA Jurisdiction?

  Rivera v. Washington Mutual Bank, Case No. 09-021 (D.N.J. July 10, 2009) The U.S. District Court for the District of New Jersey was presented with several Motions to Dismiss an Amended Complaint which the Court described as a “hopelessly muddle (read)

• Why The Mandates Must Be Tied To The Medicare Buy-In Option

  One of the more frustrating aspects of Village Wonk blogging on the health care issue is the disconnect between the political ramifications of imposing an individual mandate without offering those you are forcing to buy insurance an affordable option (read)

• Further Details On The New Health Insurance Premium Assistance Bill

  From the NYTimes: One of the changes being pushed by the liberals would lower the age of eligibility for Medicare to 55, from 65. Another would expand Medicaid to cover people with incomes up to 150 percent of the poverty level (up to $33,075 for (read)

• 121 Killed In Baghdad Bombings

  The beginning of the end of the US presence in Iraq is providing us with a bit of a preview of what we can expect. Baghdad bombings: A series of devastating car bombings rocked Baghdad on Tuesday, killing at least 121 people and wounding hundreds (read)

• SMR Holdings Projects

  Hello, I am staying at Madhapur at SMR VINAY PRANGAN. They have provide good amenities along with good constrcution work. Now i am planning to buy... (read)

• Residential land in Navalur, OMR near Polaris

  My friend is planning to buy a land ( 1 Grd) in navalur OMR near polaris . The land is some 250 mtrs from main road. It is surrounded by houses. The... (read)

• Feedback of Ovhal spring in Pimple Nilakh

  Hi Guys, Any one has any idea about 'Ovhal Spring' project located in Pimple Nilakh? It is located near Jagtap Dairy. The builder is quoting... (read)

• Lancor Abode Valley Potheri GST Road

  Hi All I am a newbie here. I am presently selling off a flat that belongs to us at Perambur. We are trying to re-invest that proceeds at a... (read)

• Future reaestate prospects in Rajarhat

  Hi do you think buying a premium property in Phase 3 of Rajarhat is a good idea? Things to be going slow, and their appears to be political turmoil... (read)

• Need info on 1bhks

  I'm looking at purchasing a 1/1.5bhk. My budget is 20L max and preferably lower than that considering other expenditures not related to my home. ... (read)

• Orchid park

  Hi, has anyone of you visited Orchid Park aprtments near whitefield. Is it worth to buy a flat there? Any suggestions would be of great help! (read)

• GST owed by business

  I had a small business I operated as a sole proprietorship that I lost due to illness earlier in the year. I've been unable to work and am looking at bankruptcy. Is the amount of GST owed on my business account included as debt to CRA? Is it inclu (read)

• Owned Vehicle

  Hello, I'm 70 and I just lost my job. I was living paychq to paychq and I'm 40K in debt. I want to claim bankruptcy. I owned a 2005 Dodge Caravan with 200,000 km and 2 accidents (fixed) damage to front and side (claims made). I want to find anoth (read)

• have not been discharged from a 2006

  i have not been discharged from a 2006 bankruptcy and my file is closed and i have no job what can i do to get a discharged and the trustee wants me to pay 800.00 to reopen and pay off my outstaning bill with them what the hell does a person do this (read)

• We are becoming our guides

  Tales from the frontier of knowledge: we are becoming our spirit guides. I read tonight that we are becoming our guides.  Talking to guides used to be a question-and-answer; now there’s just instantaneous knowledge.  I (read)

• Inequitable Conduct and Exergen v Wal-Mart

  Suffolk University Law School offers, within our Intellectual Property concentration, a specialization in Patent Law. This Podcast is part of what will be an ongoing series on topics in Intellectual Property Law. (read)

• FTC Exploring Privacy: Rountable Series

  Over the next couple of months the Federal Trade Commission (FTC) will be hosting the Exploring Privacy: A Roundtable Services.The roundtable discussions are day-long public roundtable discussions to explore the privacy challenges posed by the vast a (read)

• KINDLE SHORTS . . . The Atlantic will be publishing short st

  kindle shorts . . . the atlantic will be publishing short stories on the kindle that won't be available in its magazine. christoper buckley explains why he's signing on-- 'sure, ideally, i would like it printed on archival paper and... (read)

• Downturn hits haven for disabled workers

  KPTH Fox 44 Dec 8 2009 1:43PM GMT (read)

• Downturn hits haven for disabled workers

  WAOW Dec 8 2009 1:12PM GMT (read)

• Downturn hits haven for disabled workers

  KHNL News 8 Dec 8 2009 12:01PM GMT (read)

• SC inmates training dogs to help the disabled

  Island Packet Dec 8 2009 11:50AM GMT (read)

• Surgeon breaches health and disability code

  ONE News Dec 8 2009 11:42AM GMT (read)

• The Benedictine School Issues Special Needs Residential Care Advice for Par

  PRWeb Dec 8 2009 11:05AM GMT (read)

• Welfare, disability overpayments at $1.2B

  Ottawa Sun Dec 8 2009 9:42AM GMT (read)

• Childhood delinquency linked to premature death, disability in middle age

  DNA India Dec 8 2009 9:24AM GMT (read)

• U.S. Forest Service looks to chop senior, disabled camping discount to 10 p

  Missoulian Dec 8 2009 9:10AM GMT (read)

• Purchases Help Disabled American War Veterans

  Entrepreneur.com Dec 8 2009 8:35AM GMT (read)

• Childhood delinquency linked to premature death, disability in middle age

  Sify Dec 8 2009 8:27AM GMT (read)

• Surgeon found in breach of health and disability code

  3 News Dec 8 2009 7:40AM GMT (read)

• people with a learning disability and voting

  Early Day Motions Dec 8 2009 7:21AM GMT (read)

• DISABLED TRAVELLER: Not the way to treat a passenger

  New Straits Times Dec 8 2009 7:19AM GMT (read)

• Cash set to help disabled Scouts

  Southern Daily Echo Dec 8 2009 7:08AM GMT (read)

• Federalism as Creating a Minor League for Democracy: The Case of South Afri

  Roger Myerson, a Nobel Laureate in economics, has proposed an interesting justification for federalism as a device to promote democratic accountability in new democracies. I am wondering if the Democratic Alliance's recent success in the West Cape el (read)

• The great white domain extension

  Originally posted 2006-05-24 01:30:03. Republished by Blog Post Promoter The Register reports: From today, trademark holders from within the mobile industry have the chance to register their trademarks as .mobi domains. Call me Ishmobile. (read)

• LinkedIn Legal Blogging Group discussions back and kicking

  The Legal Blogging Group on LinkedIn has grown to over 3,400 professionals. The group is for legal professionals and others interested in the use of blogging, Twitter, LinkedIn, Facebook, and other social media by lawyers and other professionals. Wi (read)

• November 2009: Osteonecrosis Of The Jaw (ONJ) And Fosamax: Four Recent Medi

  This List Of Abstracts Provides Various Perspectives About ONJ, A Jaw Bone Side Effect Caused By Bisphosphonates (Posted by Tom Lamb at DrugInjuryWatch.com) In this brief article we provide a quick round-up of medical journal articles published (read)

• Diet Drug Meridia Has Possible Cardiovascular Risks, Including Stroke, Hear

  FDA Early Communication About Meridia (Sibutramine) Side Effects Issued by Agency In November 2009 (Posted by Tom Lamb at DrugInjuryWatch.com) On November 20, 2009 the FDA issued an 'Early Communication about an Ongoing Safety Review of Meridia (sib (read)

• Measuring the Accuracy of Law Review Placements

  Law professor blogs love to debate the law review submission process, and in particular the pros and cons of student-edited journals. The most common complaints about the current system are that placements reflect author/school prestige and students (read)

• Truth on the Market Symposium on Interchange Fees:

  Starting tomorrow (Tuesday Dec 8) and continuing Wednesday, Truth on the Market will be presenting a symposium on the topic of credit card interchange fees.  I'll be participating along with a group of very distinguished economists and law professor (read)

• Sanchez on the Virtual Fourth Amendment

  Over at Cato@Liberty, Julian Sanchez offers an extensive response to my draft article, Applying the Fourth Amendment to the Internet: A General Approach, Stan. L. Rev. (forthcoming 2010). I hope to respond with comments soon, but for now I just want (read)

• Ten Types of Commenters

  Crooked Timber has a list. (h/t) I don't think it's that bad: Most comments, at least here, are very good. On the other hand, moderating comment threads does teach you that there are a lot of people who feel that the world has treated them unfairl (read)

• Oral Argument in Free Enterprise Fund v. PCAOB

  This morning the Supreme Court heard oral argument in Free Enterprise Fund and Beckstead and Watts, LLP v. Public Company Accounting Oversight Board, an important separation of powers case. I went to the argument, and from what I saw ' or rather, wh (read)

• Prospects for a Climate Treaty

  Ken Anderson's post a while back expressed pessimism for classic collective-action reasons: Well, I do not understand how this Copenhagen conference manages to overcome the collective action failure problems that have been encountered in Kyoto and ev (read)

• Here Come the Greenhouse Regs

  This afternoon, the U.S. Environmental Protection Agency will announce that it has made a formal determination that, in the judgment of the EPA Administrator, the emission of greenhouse gases cause, or contribute to, air pollution which may reasonabl (read)