Lawdable Quotes: Walt Whitman

The shallow consider liberty a release from all law, from every constraint. The wise man sees in it, on the contrary, the potent Law of Laws.

-Walt Whitman

Free Download of the Week: Chopin's Nocturne No. 1 in B Flat Minor, Op. 9

In the mood for a more melancholy tune? Take advantage of music in the public domain and download this beautiful piece by Chopin, courtesy of Musopen.com.

Click to download Chopin's Nocturne No.1 in B Flat Minor, Op.9

For this song and more (free!) music, visit Musopen.

This Day in Legal History: May 29

In 1915, the Baltimore Terrapins, a team in the smaller and younger Federal League, sued the American and National baseball leagues for unfair practices in violation of the Sherman Anti-Trust Act. The legislation, passed in 1890, was meant to curb monopolies in inter-state commerce. The case languished in the courts (some say the doing of D.C. District Judge and Chicago Cubs fanatic Kenesaw Mountain Landis), and by the end of the year the league was finished, unable to weather the low war-time turnout.

But eventually the Supreme Court, led by Chief Justice Oliver Wendell Holmes, chose to hear the case. On May 29, 1922, the Court decided in favor of the Major Leagues, stating that baseball, as a trade in "personal effort" rather than products, is exempt from anti-trust legislation. While teams do cross state lines in order to ply their trade, the Court, using the following metaphor, ruled that the travel is not the essential aspect of the business:

"To repeat the illustrations given by the Court below, a firm of lawyers sending out a member to argue a case, or the Chautauqua lecture bureau sending out lecturers, does not engage in such commerce because the lawyer or lecturer goes to another State."

To date, Major League baseball is the only professional sport in the U.S. that remains exempt from anti-trust laws, still enjoying the legal status of an all-American pastime rather than a powerful industry.

Fastcase subscribers, click to read the Supreme Court decision.

Russian Prosecutor-General Speaks Out

This week Yury Chaika, Russia's Prosecutor-General, has announced that a total of 5,265 individuals in Russia were acquitted of false charges last year. Mr. Chaika vows to reform the system to prevent such staggering numbers in the future, and has proposed compensation for those wrongly accused. Acknowledging that much of the blame lay with his own department, Mr. Chaika's statement was a marked break from the Russian government's typical hesitance in criticizing its own institutions. Chaika's comments echo those of President Dmitry Medvedev, who spoke last week of the need for an independent Russian judiciary.

Source: BBC

Discuss this article in our forum.

Former Governor Ryan May Request Presidential Pardon

This week the Supreme Court refused without comment to hear the appeal of former Illinois governor George Ryan and co-defendant Larry Warner. The defendants claimed that they had suffered an unfair trial, arguing that the replacement of several jurors during deliberation created chaos in the courtroom. Convicted of fraud, racketeering, and bribery in April 2006, Ryan and Warner appealed their case to no avail, and Ryan began serving his sentence in a federal prison last November.

Federal Attorney Patrick J. Fitzgerald, lauding the Supreme Court's decision, commented on Tuesday:

"Mr. Ryan has exhausted every legal avenue and argument afforded him but the verdict stands that he was guilty of corrupting the highest office in the state."

George Ryan's last recourse is to request a presidential pardon, and his attorneys have indicated their intent to move in this direction. According to the Chicago Tribune, Alan R. Gitelson, a Loyola University political scientist, has predicted a 50-50 chance that Ryan would receive a Bush pardon:

"If (Bush) commutes it, it will be on the grounds of (Ryan's) age and his health. Unlike Libby, it will be a humanitarian act."

President Bush previously pardoned Lewis "Scooter" Libby, following his high-profile conviction for perjury and obstruction of justice.

Discuss this article in our forum.

“Just Say No”…to Telemarketers that is

After a long series of phone scams cheating Americans out of nearly $100 million, the Federal Trade Commission has begun cracking down on several perpetrators. Several companies are currently under investigation including groups claiming to be non-profit organizations for the disabled and low cost prescription drug providers. All consumers should be on the lookout for companies that could be less than legitimate in their purpose by doing their own investigating into whether companies are truly non-profit, as well as how much and where the proceeds are going to. Different methods to be on the lookout for include companies asking for sizable donations in return for small items such as light bulbs as well as more threatening tactics involving the possibility of health care plans being terminated without membership in a certain program.

Unfortunately, it will take quite sometime before the FTC can officially press charges against these groups and even longer before they all disappear. In the meantime, they advise all consumers to beware of telemarketing calls and not to be afraid of hanging up. In early 2008, the Do-Not-Call Improvement Act was passed allowing all those signed up for the National Do Not Call registry to remain on it permanently.

Discuss this article in our forum.

Go Green to Make Green

Going green has changed from a fad to a lifestyle in just a matter of years leaving many wondering if, and when, they should jump on the bandwagon. While the transition first began in homes, businesses are starting to see the benefits as well. For the consumer, going green is a matter of protecting the environment and padding their pockets, but for businesses it is getting more complicated. While it is still necessary to maintain concern over protecting the environment and their own expenses, companies must now be aware of the impression they are leaving on consumers. With consumers more conscious about what they buy and where they shop, many are passing up on old favorites if they do not share the same values.

While at the moment this is not a major concern for law firms or other service oriented companies, it may very well be a deciding factor for their clients in the near future. To get ahead of the game, offices, including law firms, may want to start “greening” their surroundings so they can use this to their marketing advantage. Printing on both sides of the page, recycling a bit more and switching light bulbs might just bring in a larger clientele base in the future. In the meantime, evaluating the carbon footprint of your office might help reduce and even eliminate unnecessary costs and waste currently being produced.

Discuss this article in our forum.

AOL in Hot Water Once More...

This week the S.E.C. charged eight former AOL executives for ad-revenue fraud, accusing the men of exaggerating online advertising revenue during the company's merger with Time-Warner in 2000. The case will go forward in the Southern District Court of New York, where four of the defendants will contest the charges. The other four men have decided to settle the case out of court. Since 2003, Time Warner has restated three times its quarterly earnings to correct for earlier inflation of their figures.

Speaking about the allegations, Scott Friestad of the S.E.C. states that AOL probably hoped to create an image of a "...healthier, stronger company than it really was. The conduct occurred at a time when the Internet bubble was deflating.”

Discuss this article in our forum.

Broadening Legal Horizons: An Introduction to the Virtual World

Ever-growing virtual environments are opening the eyes of many to a whole new legal frontier. As the field expands from solely entertaining purposes to a more practical approach, lawyers are realizing the potential for protection regarding intellectual property. With the military utilizing virtual software for both training and therapeutic purposes, other businesses are starting to understand the value of virtual interaction. Unfortunately, the legal aspect of this atmosphere can be difficult to grasp, particularly for lawyers who have been practicing for years. There is no precedent as of yet proclaiming rights for virtual users making this a practice that will require a great deal of interpretation and flexibility on the part of those eventually arguing cases.

In order to expand knowledge and hopefully gain new ideas in the field, the Second Life Bar Association was created. Second Life is the main attraction when it comes to virtual environments. Offering both a social atmosphere for individual users and communication strategies for business, Second Life has begun attracting the attention of many lawyers breaking into this innovative field. Through their set up of SLBA, their own form of online interaction, lawyers are free to share their knowledge, brainstorm possible problems that could occur in the virtual world, along with how these would be solved. In addition, several law schools are beginning to offer courses covering this topic in the hopes of producing a new generation of lawyers open to this interpretive new field. This approach to protecting rights is just another way in which the legal world is keeping pace with technological advancements.

Discuss this article in our forum.

Lawdable Quotes: Alexis de Tocqueville

"There is one universal law that has been formed, or at least adopted...by the majority of mankind. That law is justice. Justice forms the cornerstone of each nation's law."

~ Alexis de Tocqueville

Lawdable Quotes: Publilius Syrus

The judge is condemned when the guilty is absolved.

~Publilius Syrus

Explosion in Global Cyber Crime

According to the BBC, organized cyber crimes such as credit card or banking fraud are increasing at a rate of 40% per year, making this sector of crime the fastest growing in the world. Big and small time hackers worldwide are staking a claim to this 100 billion dollar industry.

Some might be surprised to hear that Brazil is home to the greatest number of cyber criminals. Like many other developing countries, Brazil is home to thousands of poor hackers looking to make a profit by skimming small transactions from bank accounts and sending phishing emails requesting credit card information. While billions of dollars are lost through cyber crime each year, some perpetrators argue that they steal from those who can afford it, and only in tiny amounts. One young Brazilian hacker named Fabio justifies his career, stating:

"I'm not trying to rob anyone who wakes up early in the morning and takes the bus, and has to get home and feed his kids, and doesn't have money."

Discuss this article in our forum.

FTC Proposes Limits to "Behavioral Targeting"

The advent of the internet has raised some harrowing questions regarding the interplay between privacy and free content. In an attempt to address this new frontier, the FTC recently proposed a new set of guidelines, developed with the input of town hall meetings, regulating the tracking of internet usage history. By allowing users to opt out of cookies when visiting the websites that tracking companies follow, the FTC looks to maintain the privacy of indivuals in the face of behavioral targeting.

Some pro-privacy activist groups are attacking the practice, which allows advertisers to increase revenue by pushing ads relevant to a person's browsing history, arguing that over time individual profiles could reveal a person's identity. However, several industries, such as the news media, oppose the new guidelines, maintaining that these types of practices are necessary to keep content free during their transition to the internet. While the FTC guidelines would be voluntary, some states may follow suit with mandatory laws, making some nervous that the already low returns on internet ads could fall even further.

Source: Washington Post

Discuss this article in our forum.

Going for Gold: The Battle Over Swimsuits

It looks as if the competition in Olympic Swimming will not be remaining in the water this year. Just a few months before the kickoff of the Summer 2008 Olympic games, swimsuit manufacturers including TYR, Nike, Arena, Diane and Speedo are fighting for the top spot with swimmers. Although Speedo has been first choice to most swimmers in the past, the review body for professional water sports, FINA, is opening the opportunity for other companies to provide swim wear for the fast approaching Olympic Games.

TYR is filing suit against both Speedo and USA Swimming under allegations of anti-competitive practices. While this case will not be settled until long after the Games have come to a close, FINA will provide a temporary decision by determining which suits will be acceptable for use during the Games. Not only is this situation raising questions over acceptable business practices, but also about the technology incorporated in the new Speedo LZR Racer suits. Since the introduction of the suit late this winter, some 37 world records have been broken in meets by athletes donning them. While FINA stands by the legality of the suit, many argue that wearing a suit of its kind is comparable to using performance enhancement drugs.

A Justice Like We've Never Seen Before

A handful of lawyers were lucky enough to receive the advice of one of our country’s most prominent judges. Supreme Court justice Antonin Scalia was present at a dinner for the 7th Circuit Bar Association earlier this week and was heard giving a few rare and valuable tips. Scalia focused on the importance of professionalism when presenting a case before a judge. He remarked that when delivering a case, the specific language chosen can be critical to the result. In addition to his more serious tone, Scalia also lent some humor to the speech remarking on the various color choices for brief covers. This particular advice should come as no surprise as in recent weeks Scalia has been making several appearances to publicize the release of his new book, “Making Your Case: The Art of Persuading Judges.” The increase in public appearances, an atypical move for a Supreme Court justice, has allowed people to get an inside look at the makings of a justice and his decisions.

Camille Saint-Saëns's Cello Concerto No. 1 (Free Mp3!)

Our spotlight on public domain music this week is focused on Camille Saint-Saëns's Cello Concerto No. 1. This piece is hosted by Musopen, a website dedicated to distributing works that have lost their copyright to the general public.

You can download the mp3s here or through the direct links below:

Cello Concerto No. 1 in A Minor, Op. 33 - I. Allegro non troppo

Cello Concerto No. 1 in A Minor, Op. 33 - II. Allegretto con moto

Cello Concerto No. 1 in A Minor, Op. 33 - III. (Tempo primo)

Destination Asia for Investment Banking

As the credit crisis has deepened in the U.S., major players in investment banking are making plans to expand their operations to the Asian markets, which have held steadier than their Western counterparts. Big firms in the United States and Europe have grown more wary of large takeovers, whereas the number of acquisitions in East Asia has risen by 15% so far this year. Executives from such financial powerhouses as Credit Suisse, Goldman Sachs, and JP Morgan have journeyed East in search of investment opportunities.

Some predict that even after the worst of the credit crunch has passed, firms might stay on in China and East Asia, taking advantage of their huge growth and available capital.

New York Times: Credit Crisis 101

BBC

Sometimes Honesty Is The Best Policy ....

In terms of medical malpractice, a trend is starting to develop among doctors to start apologizing to the patient before bringing in the lawyers. This movement towards patient disclosure is an effort to increase trust in patient-doctor relationships and decrease the number of accidents that occur in the future. Although this move is one that would make most attorneys cringe, hospitals testing the new policy, including Johns Hopkins and Stanford, are finding positive results. With only 30% of medical errors typically reported in the past, the new tell-all policy has lowered the amount of malpractice suits by a significant amount at these institutions. These developments have led some malpractice lawyers to encourage their clients to disclose information to their faulted patients and offer compensation to hopefully prevent any impending lawsuits from being filed.

Legislation that would standardize disclosure practices has been in and out of Congress and probably not for the last time. The positive results associated with disclosure policies are quickly making it popular with institutions around the country, not to mention with the patients being treated. With doctors preferring to stay out of the courtroom and patients willing to accept upfront apologies along with fair compensation, it could be that the days of medical malpractice lawsuits are behind us.

Discuss this article in our forum.

Libel Lawsuit Tourism?

The English judicial system, with its notable reputation for its strict libel law, has become a tourist attraction for upper-class victims of defamation. This week's Economist follows the suit of a Ukrainian English-language newspaper, which printed a questionable article about Rinat Akhmetov, one of the countries wealthiest individuals. Akhmetov was able to sue the paper for libel in an English court, thanks to the paper's 100 English subscribers.

Several other high profile cases reveal the extent to which English law favors the plaintiff in defamation cases, including a successful suit brought by a Saudi man against an American author, Rachel Ehrenfeld, for a book that barely sold in Britain.

How do you feel about libel lawsuit tourism? Let us know in the comments.

Civil Rights In Cyberspace

A nationwide class action suit being filed by the National Federation for the Blind could eventually change the design of most websites running today. The NFB has filed suit against Target for a lack of compliance with certain protocol that provide access to websites for the blind. These provisions include access via keyboard controls as opposed to a mouse and compatibility with screen reader programs. The NFB has stated that by neglecting these features Target is discriminating against it's blind consumers, a statement creating waves throughout the arenas of Civil Rights litigation and big business alike.

The basis for the suit comes from the American with Disabilities Act which guarantees access for all to the marketplace; the question in this case is whether or not this marketplace includes cyberspace. The NFB has recognized that the Target website is offered as a benefit rather than a public accommodation but will fight their case on the inability to access certain features including the store locater, various coupons and prescription refill forms. Target attempted to have the case dismissed on the grounds that the ADA does not specify any regulations for websites but this motion was denied.

Despite the movement forward of the class action suit, it will be no easy task for the firm of Brown, Goldstein & Levy to win this case but due to the unprecedented nature of this case both the NFB and Brown, Goldstein & Levy realize that a definitive win may not be necessary to make a difference for the blind. Whether or not damages are awarded in this case, the mere presence of it is making big businesses rethink and redesign their webpages. It is not as much the fines that businesses are afraid of but the potential loss of customers over the issue. Companies such as Amazon are already working with the NFB to make appropriate changes to their sites.

Microsoft Teams Up with One Laptop Per Child

The One Laptop Per Child iniative, led by computer researcher Nicholas Negroponte, has a proud history of pioneering open source technology with the Linux operating system. This week, however, OLPC and Microsoft announced an agreement to begin selling the laptops, specially designed for education in poor classrooms, with Windows XP operability. The price for the machines, currently around $200 but set to drop with growing demand, will increase by about $3 each. Negroponte believes that the inclusion of Windows on the computers will make them more marketable to governments in the developing world, which have shown hesitation in embracing the Linux system for their children.

Many observers have been surprised by the collaboration between the two companies, citing Microsoft's traditional hostility to open source software. But, both companies and consumers alike seem to agree that familiarizing children in third world countries with Windows could only improve their set of skills and potential for success in the increasingly global and computer based economy.

Lawdable Quotes: Bell Hooks

Justice demands integrity. It’s to have a moral universe — not only know what is right or wrong but to put things in perspective, weigh things. Justice is different from violence and retribution; it requires complex accounting.

~Bell Hooks

Lawdable Quotes: Lucretia Mott

We too often bind ourselves by authorities rather than by the truth.

~Lucretia Mott

Writing Skills Gone Bad

The legal world is facing a different kind of accusation as of late. Many scholars suggest that the writing skills of old have disappeared with the presence of new technology. Despite distractions in the past, the increasing prevalence of gadgets in the workplace and at home are making it harder than ever to reach the concentration level necessary to complete a successful piece of prose. The blame is being placed on our culture's desire for instant gratification, a problem that will not soon be addressed. As a temporary solution, several firms are reaching out to writing training programs in order to hone their employees skills but the jury is still out on whether or not this will prove helpful. In the meantime lawyers are encouraged to focus their reading on pieces involving language and writing skills.

Beethoven's Moonlight Sonata (Free Mp3!)

At Fastcase we're excited to begin offering a weekly feature focusing on copyright free music. This week we are bringing you Beethoven Moonlight Sonata courtesy of Musopen. Many works exisit in the public domain but finding copyright free performances can be quite the arduous task. Musopen's mission is to set music free and they've done a great job at creating a platform to find not only mp3s of performances but sheet music accompaniment as well.

Each week we'll showcase a piece that you can download without incurring the wrath of the RIAA.

You can download the mp3s here or through the direct links below:

Sonata No. 14 in C Sharp Minor Moonlight, Op. 27 No. 2 - I. Adagio sostenuto

Sonata No. 14 in C Sharp Minor Moonlight, Op. 27 No. 2 - II. Allegretto

Sonata No. 14 in C Sharp Minor Moonlight, Op. 27 No. 2 - III. Presto


You can also do you part to support public domain works at Musopen by clicking here.

Upcoming Fastcase Webinars

Trial By Webcam?

A Spanish judge is poised to make law-technology history by agreeing to hear testimony via webcam in an upcoming trial of a gang of robbers. Members of the Romanian gang posed as police officers to trick and rob tourists in Barcelona. The 24 (mostly elderly) victims identified the perpetrators by video, and will testify over the internet in the upcoming trial. While the court must tackle different time zones and video quality, the use of the internet may help to speed up this and other trials in Spain, where the judicial system has been overwhelmed by an unusually high volume of cases.

Webinar For The Florida Bar at Noon Today!

Come learn about your member benefit, how to use Fastcase and some tips and tricks!

Fastcase Overview for The Florida Bar
Thursday, May 15, 2008 12:00 PM - 1:00 PM EDT

Register here: https://www1.gotomeeting.com/register/295322942

Fastcase, in partnership with The Florida Bar, offers this course for CLER credit. The course code will be given at the end of the presentation for self reporting. If you have any questions please contact us from 8 A.M. to 8 P.M. (Eastern Time) at 1-866 -773-2782.

Conflicts of Interest Prevent Supreme Court from Hearing Apartheid Case

On Monday, the U.S. Supreme Court ruled that it could not hear the appeal of American Isuzu Motors v. Ntsebeza from the Second Circuit Court of Appeals, with 4 judges recusing themselves due to a conflict of interest. The case involves a variety of companies which did business in South Africa during apartheid, and with whom the 4 justices had either stock or personal connections. The plaintiffs, representing over 36,000 claimants, are suing the companies for violating the 1789 Alien Tort Claims Act by "aiding and abetting the system of apartheid imposed by the former government of South Africa." The act states:

"The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States."

The court's inability to hear the case assures that it will drag on in the courts; the defendants had hoped the Supreme Court would echo the decision of the Second Circuit, which threw out the case, arguing that the human rights decision could adversely affect international trade. Both the Bush administration and the current South African government support the defendant corporations, calling for cooperation and continued free trade.

Discuss this post in our forum.

Link Between Autism and Vaccines Tested in Court

The U.S. Court of Claims has begun hearing arguments on behalf of 4,900 families with autistic children who claim that a chemical found in many children's vaccines is a trigger for the disease. The court will hear the stories of two ten year old boys, whose families claim that they were developing normally until exposed to thimerosal, a mercury based compound that may cause brain inflammation, through vaccines. Despite a 2004 report by the Institute of Medicine denying a connection between vaccines and autism, should the court decide in favor of the families, claimaints could expect to enjoy compensation for wages lost and "pain and suffering." Some medical professionals worry that such an outcome could discourage the public from seeking necessary vaccinations.

Discuss this post in our forum.

Lawdable Quotes: Robert F. Kennedy

"Whenever men take the law into their own hands, the loser is the law. And when the law loses, freedom languishes."

~ Robert F. Kennedy

Fastcase Webinars Scheduled for SFVBA Members (Now with MCLE Credit)

Update: The SFVBA webinars are now certified for one hour of general MCLE credit. Just attend a webinar and the 1 hour of MCLE will be automatically credited for you.

Members of the San Fernando Valley Bar Association can sign up for a free one-hour webinar training to learn about the newest member benefit, Fastcase, a comprehensive online law library.

Launched by the SFVBA April 1, Fastcase provides SFVBA members free access to Court Opinions from all 50 states, the U.S. Supreme Court, all the Federal Courts of Appeal, the Federal District Courts and the Federal Bankruptcy Courts. Framed statutes, regulations, court rules and constitutions from all 50 states are also free. SFVBA members can enjoy unlimited usage, unlimited customer service and unlimited printing, all at no cost. Members must login to Fastcase from the SFVBA website using their username and password.

Members can also download the Fastcase User Guide or take an Online Tutorial for a general introduction to Fastcase.

To register for one of four scheduled webinars to learn how to use Fastcase and some tips for conducting an effective search, click on a link below:

Fastcase Webinar for the SFVBA

Wednesday, May 14, 2008 12:00 PM - 1:00 PM PDT

Attendee: (641) 715-3222, access code 305-379-565

https://www1.gotomeeting.com/register/384086963

Fastcase Webinar for the SFVBA

Wednesday, May 21, 2008 12:00 PM - 1:00 PM PDT

Attendee: (641) 715-3222, access code 212-665-215

https://www1.gotomeeting.com/register/615921912

Fastcase Webinar for the SFVBA

Wednesday, May 28, 2008 12:00 PM - 1:00 PM PDT

Attendee: (616) 883-8055, access code 670-864-041

https://www1.gotomeeting.com/register/403684184

Discuss these upcoming webinars in our forum!

Lawdable Quotes: Justice Warren E. Burger

"Concepts of justice must have hands and feet…to carry out justice in every case in the shortest possible time and the lowest possible cost. This is the challenge to every lawyer and judge in America."

~ Justice Warren E. Burger

Lawdable Quotes: Janet Reno

"The good lawyer is the great salesman."

~ Janet Reno

Lawdable Quotes: Lawrence M. Friedman

The public seems, in fact, to have a love-hate relationship with law.
It sees law as a bag of tricks, a bottomless pit of artifice and legalism; but it also sees law as a shining sword of justice, a powerful weapon of public purpose.
Law is, indeed, one of the very foundation stones of liberty.

~Lawrence M. Friedman

Patent Law Uproar

John F. Duffy, a law professor at George Washington University, has recently released a controversial paper that calls into question thousands of decisions made by the Board of Patent Appeals and Interferences since 2000. According to Duffy, the appointment process used to select judges for the panel has been unconstitutional since 1999, when a law was passed that gave the power of appointment, once enjoyed by the Secretary of Commerce, to the director of the Patent and Trademark Office. Duffy contends that the Constitution clearly delineates who can make what appointments, and that the undersecretary of a department does not meet these qualifications. Thus, the justices were appointed improperly, and judging from the amount at stake in many of their decisions, losing parties to their cases are now likely to challenge their decisions.

One such challenger is the company Translogic Technology, which lost its case before the U.S. Court of Appeals for the Federal Circuit in January previous to the release of Duffy's article. Translogic has appealed to the Supreme Court, which has not yet agreed to hear the case.

Source: New York Times

Fastcase Users: Click for the Translogic Case

Discuss this issue in our forum.

Lawdable Quotes: Carrie Chapman Catt

No written law has been more binding than unwritten custom supported by popular opinion.

~ Carrie Chapman Catt

Consumer Bankruptcies Dramatically Rise In April

Americans filing for bankruptcy rose nearly 50% in April compared to year ago numbers. At this rate of increase, the number of bankruptcies might match the percentage of Americans declaring bankruptcy before the Bankruptcy Reform Act(PDF) took effect in 2005. This act made it more difficult for Americans to declare bankruptcy under chapter 7 and led to an increase in those declaring bankruptcy under chapter 13. The Executive Director of the American Bankruptcy Institute Samuel J. Gerdano, stated that “We expect consumer bankruptcies to top 1 million new cases this year".

Discuss your opinions on the bankruptcy reform act in our forum.

Lawdable Quotes: Sandra Day O'Connor

Yes, I will bring the understanding of a woman to the Court, but I doubt that alone will affect my decisions. I think the important thing about my appointment is not that I will decide cases as a woman, but that I am a woman who will get to decide cases.

~Sandra Day O'Connor

Free Book of the Month: Albert Kocourek's Sources of Ancient and Primitive Law

Each month Fastcase hosts a book (as a PDF document) that has fallen out of copyright for your legal reading delight. This month we bring you Albert Kocourek's Sources of Ancient and Primitive Law.

Read the entire publication below:

Albert Kocourek's Sources of Ancient and Primitive Law (PDF)

This Day in Legal History – May 4th

On May 4th, 1989, the the District Court of D.C. convicted Oliver North of obstructing the congressional Iran-Contra investigation and the destruction of government documents. While North was eventually acquitted of all 3 counts, the publicity of the case and the ensuing political polarization ensured that this day would go down in legal history.

In November of 1986, a Lebanese newspaper exposed the sale of U.S. weapons to Iran, which North and his successor John Poindexter had orchestrated. Subsequent investigations revealed that the sale had been used to finance the Nicaraguan Contra guerillas in their rebellion against their country’s leftist government. North was called to testify before Congress in July of 1987 and admitted to lying to Congress.

That televised congressional hearing ensured that North’s conviction in the District Court of D.C. did not stand. The Court of Appeals dismissed all three convictions in 1990, citing the immunity to prosecution that Congress had granted him for his public testimony. It being impossible to prove that the court was not influenced by his immunized testimony, the convictions could not stand. The Court of Appeals’ decision also created speculation about the Reagan administration’s culpability in the scandal. Its refusal to declassify documents vital to the proceedings deprived North of a fair trial, ultimately contributing to the dismissal of his convictions.

The American public continues to both lionize and demonize North for masterminding Iran-Contra. But what is the true legacy of his acquittal? You guessed it: he has since made several appearances on the hit TV sitcom JAG. That honor was almost stolen from him on this day in legal history: May 4th, 1989.

Background on the Iran-Contra Scandal

Fastcase Subscribers: click for Circuit Court of Appeals decision

New Diet Craze: Prison?

Broderick Lloyd Laswell, an inmate in an Arkansas county prison, has filed a lawsuit alleging that the Benton County Jail starves its inmates, serving only tiny portions of cold food. Laswell, who is charged with capital murder, weighed 413 pounds before his incarceration, and has dropped 105 pounds in the last eight months. Despite a lack of physical activity, Laswell claims his stomach begins growling immediately after each meal, and that he often feels dizzy and light-headed.

Jail Captain Hunter Petray states that the prison's meals average 3,000 calories per day.

Lawdable Quotes: Plato

No law or ordinance is mightier than understanding.

~ Plato

Despite DNA Proof, Kentucky Strikes Down Paternity Claim

On April 24th, the Supreme Court of Kentucky decided in favor of a couple who had appealed a family court's decision to consider the petition for paternity of a third party who claimed to be the biological father of their child ("J.A.R."). The child's mother, referred to as J.N.R. in the case, conceived him out of wedlock with James Rhoades (who has DNA testing to prove it), while her husband was in the military.


Kentucky law, however, states that a child can only be considered out of wedlock if it can be proven that the "marital relationship between the husband and wife ceased ten (10) months prior to the birth of the child" (KRS 406.011). The justices were bitterly fragmented over the meaning of this statute, writing 5 separate opinions both concurring with and dissenting from the majority opinion. Justice Cunningham, of the majority, dedicated much of his opinion to the necessity of protecting the inviolability of marriage from third parties, and of protecting children from the knowledge of their parentage:


"We are in need of a bold declaration that the marriage circle, even one with an errant partner, will be invaded at one's own legal risk"


Justice Abramson, in a fiery dissent, took issue with the majority's desire to shield families from the realities of paternity, appealing to common sense and the notion of living with "inconvenient truths." She also disagreed with the majority's interpretation of KRS 406.011, arguing that the marital relationship between the appellees had clearly dissolved 10 months prior to J.A.R.'s birth, regardless of their legal marital status:

"A marital relationship has emotional, physical, social and, yes, moral dimensions and is characterized by a monogamous bond between the two parties to the relationship."


The Supreme Court of Kentucky's decision

Do you agree with the outcome of the case? Discuss your point of view in our forum.

May 1st is Law Day!

May 1st is Law Day! Reflect on what brought you into the legal profession and read President Bush's proclamation below:

Law Day is defined as follows in 36 U.S.C. § 113:

• (a) Designation.— May 1 is Law Day, U.S.A.
• (b) Purpose.— Law Day, U.S.A., is a special day of celebration by the people of the United States—
  • (1) in appreciation of their liberties and the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law in their relations with each other and with other countries; and
  • (2) for the cultivation of the respect for law that is so vital to the democratic way of life.
• (c) Proclamation.— The President is requested to issue a proclamation—
  • (1) calling on all public officials to display the flag of the United States on all Government buildings on Law Day, U.S.A.; and
  • (2) inviting the people of the United States to observe Law Day, U.S.A., with appropriate ceremonies and in other appropriate ways, through public entities and private organizations and in schools and other suitable places.

A Proclamation by the President of the United States of America:

The right of ordinary men and women to determine their own future, protected by the rule of law, lies at the heart of America's founding principles. As our country celebrates the 50th anniversary of Law Day, we renew our commitment to the ideals on which this great Nation was established and to a robust system of ordered liberty.

The American legal system is central to protecting the rights and freedoms our Nation holds dear. The theme of this year's Law Day, "The Rule of Law: Foundation for Communities of Opportunity and Equity," recognizes the fundamental role that the rule of law plays in preserving liberty in our Nation and in all free societies. We pay tribute to the men and women in America's legal community. Through hard work and dedication to the rule of law, members of the judiciary and the legal profession help secure the rights of individuals, bring justice to our communities, and reinforce the proud traditions that make America a beacon of light for the world.

Nearly 800 years ago, the Magna Carta placed the authority of government under the rule of law; centuries later, the Declaration of Independence and the United States Constitution marked tremendous advances in the march of liberty. These documents established enduring principles that guide modern democracies. Today, we are reminded of that past and look toward a hopeful future as we work to secure the liberty that is the natural right of every man, woman, and child.

On Law Day, U.S.A., our Nation celebrates our belief in the equality of each person before God and renews our commitment to strive to bring America ever closer to its founding ideals.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, in accordance with Public Law 87-20, as amended, do hereby proclaim May 1, 2008, as Law Day, U.S.A. I call upon all the people of the United States to observe this day with appropriate ceremonies and activities. I also call upon Government officials to display the flag of the United States in support of this national observance.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second.

GEORGE W. BUSH

Interview with the Inventor of the World Wide Web

In commemoration of the world wide web's 15 year anniversary, its inventor, Sir Tim Berners-Lee, recently discussed the birth of the internet and his vision for its future with the BBC. While young people today may take the internet for granted, Sir Tim points out that its creation and dissemination were plagued by uncertainty and controversial decisions. One of the most historic of these choices was to release the code to the public:

"We had to convince them (the directors at CERN) that this was going to take off and it was a really big thing. And therefore Cern couldn't hold on to it and the best thing to do was to give it away."

In the end, competitors who tried to sell their technology lost their edge, and the world wide web continues to expand and evolve today thanks to the contributions from millions of people all over the world. Looking ahead, Sir Tim states:

"What's exciting is that people are building new social systems, new systems of review, new systems of governance...My hope is that those will produce... new ways of working together effectively and fairly which we can use globally to manage ourselves as a planet."

BBC Interview

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