Don't Mess With MySpace

MySpace found themselves victorious again last week after being awarded a total of $6 million after settling arguments over alleged spamming techniques. The social networking agent went into arbitration with marketing partner Media Breakaway, on charges that they were involved in phishing scams against MySpace members. Phishing involves the impersonation of a legitimate company in order to obtain confidential information that many would otherwise not provide. It was alleged that Media Breakaway used these methods to obtain information about MySpace members and then continually solicit them with advertisements.

Faced with ever increasing competition and formidable opponent Facebook keeping in step, MySpace has been extremely cautious as of late when tending to membership satisfaction. This has led to quite the crackdown on the amount of spam MySpace allows to slip through the cracks. Just in the past two months, MySpace has won over $230 million in damages from a number of marketing companies charged with not following proper procedures related to what can and cannot be sent out to members. While Media Breakaway placed blame on independent contractors hired to send out the messages, both MySpace and the arbitrator for the case did not view this as a valid excuse for the company’s behavior. It appears that when it comes to spam, marketing agencies should be ready to stop or be ready to pay.

Source: MSNBC.com

Firms Donate 1% for the Planet

In yet another example of the steady "greening" of the legal industry, some firms are even pledging to give 1% of their profits to environmental causes through the organization 1 % For the Planet. The non-profit has almost 900 member companies, including 10 small law firms and solo practitioners. The organization enjoys donors from 28 countries all over the world, bringing in $12 million each year.

Explaining its mission, 1 % For the Planet states:

"It’s about businesses recognizing that industry and ecology are inherently connected. It’s about realizing the positive effects of connecting businesses, consumers and nonprofits through philanthropy. And it’s about understanding that the true cost of doing business can be mitigated by a simple pledge to the planet."

Source: The National Law Journal

Lawdable Quotes: Benjamin Cardozo

Law never is, but is always about to be.

~Benjamin Cardozo

Lawdable Quotes: Theodore Roosevelt

No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it.

~Theodore Roosevelt

"Naked Cowboy" Sues Over an M&M

This week, the New York District Court Judge Denny Chin ok'd the suit alleging trademark infringment that the city's "Naked Cowboy" filed in February against the producers of M&Ms. Robert Burck's persona as the Naked Cowboy, who dances in his skivvies and sings along to his guitar in Times Square, is a New York City legend. He alleges that Mars Inc. violated his right to privacy and his trademark rights by producing a billboard for M&Ms that outfitted the candy to resemble his likeness, underpants, cowboy get up and all.

While Judge Chin ruled out the violation of privacy, noting that in New York the right to privacy protects only living individuals and not characters, the trademark suit will now go forward. The title of Naked Cowboy and his likeness are registered trademarks. Burck also claims that the M&Ms advertisements "falsely suggest he endorses M&M candy."

Source: CNN

British Security Cameras Learn to Listen

According to BBC News, the CCTV cameras used on streets in the UK to record criminal activity are currently being primed to recognize specific sounds, ensuring that they will pivot in time to catch any crime taking place. The cameras will now use artificial intelligence software to detect certain noises, such as a window breaking or a car alarm. Today, the CCTV cameras are already sophisticated enough to distinguish between normal and "violent" movements. According to developers, the cameras' accuracy in recognizing visual and audible cues will only get better as they "learn" with time.

While these technological advances are welcomed by the law enforcement community, some British citizens believe that the cameras are an invasion of privacy, and question whether they are being misused. The BBC itself recently unearthed hundreds of instances in which city councils used the cameras not to catch crimes, but to spy on individuals under the powers of the Regulation of Investigatory Powers Act.

Oh, did we mention? The cameras can talk too. So, if you are committing a crime in Britain, prepare yourself for a verbal smackdown from a talking robot.

Source: The BBC

Telecom Immunity Strikes a Chord with Congress?

Congress passed what can now be considered a bipartisan bill to expand the rights of telecommunication groups aiding the government with surveillance efforts. Since the attacks on September 11th, 2001, the executive and legislative branches have been working towards an agreement to develop appropriate measures for discovering and preventing possible terrorist attacks. The bill will essentially provide immunity to the aforementioned telecom companies who obtain approval for the interception of calls and emails and display necessary documentation of the approval if solicited afterwards. With a number of compromises coming from both parties, this bill has become some what of a bipartisan effort. Initial hesitation coming from the democrats to accept surveillance and from the republicans to restrict it, has now subsided in light of further developments. Instead of immediate immunity, any companies involved in wiretapping or other surveillance procedure, can and will be brought before the judicial system for questioning. Legality of the actions in question will be determined based on authorization from the administration, a step that is being noted as a “formality” by some representatives from the GOP. The parties have come to an agreement, for the most part, that granting surveillance powers to telecom companies will lead to better security in the long run. The bill now waits for approval from the Senate, a signature from the White House and a great deal of protest from civil rights groups around the country.

Source: NYTimes.com

Rosenberg Testimony May Be Released, 68 Years On

This week federal prosecutors filed papers granting the release of the grand jury testimony of 35 out of 45 witnesses who spoke during the trial of Ethel and Julius Rosenberg. The secretive trial, ending in the execution of the couple for high treason, took place from 1950-1951. The Rosenbergs, who had family ties to the classified production of the atomic bomb at Los Alamos National Laboratory, were convicted of providing nuclear secrets to the Soviet Union, but controversy and disbelief swirls around the decision to this day. Up until the end, the couple insisted on their innocence.

The testimony of ten of the trial's witnesses, who are still living or have not agreed to its publication, will not be approved for release. While the government has given the go-ahead, a July 22nd hearing will finalize the decision.

Source: Yahoo News

Breaking News: Supreme Court Strikes Down DC Handgun Ban

11:16 A.M.The Supreme Court has upheld the right to individual gun ownership in the case of District of Columbia v. Heller (07-290).

11:26 A.M. Download the opinion here (PDF Link)

11:31 A.M. Here are some selected quotes from the majority (via SCOTUS blog) from the slip opinion:

“Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid.”

“In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.”

For the only other case that tackles the scope of the Second Amendment, see United States v. Miller (on our sister site, The Public Library of Law). ... the case is from 1939.

Good article on the WSJ Law Blog about why the ruling won't make much difference in DC any time soon (upshot: even if it's legal to possess a handgun, it's not legal to carry one across state lines, and there are no stores authorized or zoned to sell handguns in DC -- at least for now).

What are your thoughts on this ruling? Let us know in the comments!

Sources: Reuters, WSJ Law Blog

Justices Follow in Law Lords Footsteps

In some what of a follow up to “Law Lords Come to the Defense of Defendants”, the Supreme Court made a similar decision to that of the Lords of Appeal in Ordinary this week by ruling that a defendant has the right to question their accuser no matter what the reason for the witness’ absence. In the case of Giles v. California, a statement from Dwayne Giles girlfriend, whose murder he confessed to, was used as evidence of his intent to kill. While he invoked his right to confront all witnesses through the 6th amendment, the Supreme Court of California ruled that this right was no longer valid considering he was the cause of her absence. After an appeal to the high court and arguments heard in April, the justices have granted Giles with a new trial, this time only admitting testimony from witnesses who are present. Although Giles already confessed to the murder, without the testimony from his girlfriend it would be difficult to convict him of murder in the first degree. Just as in the UK, many are concerned that this decision will keep victims from coming forward in the future with information that would be helpful in convicting dangerous criminals.

Source: Yahoo!News

Landmark Case Provides Even More Historical Counsel

The United States Supreme Court Justices will read a brief from one of the youngest lawyers ever to file before the high court. A recent graduate from Catholic University’s School of Law, Elizabeth Getman, at the ripe old age of 27, is already serving as co-counsel to Andrew Herman of the Bland Law Group in DC as he argues the case of Jack Davis v. Federal Election Commission. The case, which began in 2006 after Davis filed suit against the FEC based on grievances with the Bipartisan Reform Act of 2002, immediately sparked Getman’s attention. Going into her third and final year at the Columbus School of Law, Getman used this case to formulate her thesis topic. As Davis challenged the so-called “Millionaires’ Amendment” on the grounds that it violated his rights to free speech and equal protection under the First and Fifth Amendments respectively, Getman made contact with Herman, the case’s lead counsel. After months of sharing information and ideas, followed by feelings of despair when Davis’ claim was rejected by the District Court in Washington, DC, Herman wanted Getman’s advice. Her experience with the case proved valuable enough that Herman took the young associate on as co-counsel before he made his own first appearance before the court and the rest is history, or it will be as soon as the case is heard later this month. Herman and Getman will attempt to prove that loosening campaign finance rules for the opponent of a self-financed candidate leads to an unfair advantage and a violation of constitutional rights.

Source: RollCall.com

Law Lords Come to the Defense of Defendants

The Lords of Appeal in Ordinary, otherwise known as the Law Lords, came to the conclusion last week that anonymous testimonies can no longer be accepted in the courts. The judicial appeals branch of the House of Lords is of the opinion that any witness who will not publicly identify themselves has nothing relevant to share on account of the inability to question their motives for providing testimony. The Law Lords seek justice for defendants by allowing them to investigate and question their accusers prior to testimony, ensuring that anyone who testifies against them is a legitimate source of information. Some members of Parliament and other proponents of witness protection are concerned about the effect this will have on decreasing criminal action and gangs that have been on the rise in the UK.

Prior to last week's ruling, remaining anonymous served as an incentive to those who were hesitant to testify because of connections with the accused. By concealing identities, the UK had been successful in obtaining more witnesses and convicting more criminals. With the new ruling in effect, criminals incarcerated by way of anonymous witnesses and those still on trial will essentially be given a second chance. Cases being heard presently are to be considered a mistrial and the proceedings will have to begin again sometime in the near future, this time around with the accusers in plain view of the defendant. Only those considered to be "vulnerable" can remain anonymous but this is limited mainly to children.

The Law Lords are welcoming legislation that will make changes to specify who can and cannot be protected much like the Witness Protection Program created by the US in the 1970s. The Witness Protection Program has improved the ability to stop organized crime by protecting sources who feel their lives would be in danger by providing information. The UK will be determining in the days that follow whether they would benefit from a program similar to WITSEC to keep rising gang violence to a minimum.

Source: Times Online

Free Audio Book, Courtesy of the Public Domain!

In a logical continuation of both our free public domain e-books and classical music MP3s, the Fastcase blog is adding free audio-books to its swag bag. The file is hosted by the copyright-free database Project Gutenberg and you can search through an extensive list of works for your listening pleasure.

Our first installment is the classic mystery novel by Sir Arthur Conan Doyle, The Hounds of the Baskervilles. You may listen to it as an Apple iTunes Audiobook or download the MP3.

Happy Listening!

Major Oversight on US Terrorist Watch List

Congress is rushing through legislation to honor world renowned leader and Nobel Peace Prize recipient, Nelson Mandela, at the same time they attempt to remove him from a list of "known" terrorists. Mandela, along with thousands of others, has remained on the list since the African National Congress was defined as a terrorist organization by the South African government in the late 1970s. Thirty years later, the group that brought an end to apartheid and now serves as the majority party in South Africa still faces roadblocks when trying to visit the United States. Since the list has not been updated since the addition decades ago, any member of the organization must obtain special permission from the State Department in order to enter the US. Horrified by the oversight, members from Congress have drafted legislation in the past several months to eliminate this issue before July 18th, Mandela’s 90th birthday. With the July 4th recess beginning soon, Congress is left with little over two weeks for the legislation to pass the Senate and arrive at the White House for a signature. While it is not known if Mandela is planning a trip to the States any time soon, the US wants to ensure that if he does choose to visit he will be able to do so with no complications.

Source: MSNBC.com

Lawyers Take a Cue from Pop Culture

A new forum is quickly becoming a “fun” new aspect of the legal community. With the brain trust of a few law professors, Criminal Law Conversations was created to increase the accessibility of traditional, overly dense law reviews. Becoming known as the “American Idol” of law reviews was not necessarily the initial goal of these innovators but it is one of their biggest compliments. Aiming to enhance just what the name implies, conversation among lawyers, the professors, Robinson, Ferzan and Garvey, encourage contributors to shorten the typically 40,000 words, roughly 50 pages, down to a mere five. The purpose of this severe editing is to bring the review into its most simple terms, outlining only the specific topic of the paper without as much of the ornate language.

Another bonus to the Criminal Law Conversations site is the ability of peers to vote for the papers they prefer. Although voting papers “in” or “out” may seem juvenile to some, it takes much of the time consuming work out of the typical law review submission process. The professors explain the painstaking amount of work that goes into submitting a law review and waiting for a response which can discourage lawyers from doing it again. This site takes out the years of waiting and allows instant commentary on all published papers submitted. Not only will this type of conversation be encouraged and facilitated, but those deemed most successful will win a highly contested spot in journals with Oxford University Press; just another step in making the law a little more user friendly.

Source: Law.com: Legal Technology

Free ISBA Webinar ...Conducting Legal Research On Fastcase (Earn PMCLE Credit ... June 27th from 12-1)

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Conducting Legal Research on Fastcase

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To participate, please register at the link provided below. On the day of the program, log on to the Web site, join the conference call and enjoy the presentation.

One lucky registrant will also be chosen at random to receive a free premium upgrade for the year! A premium upgrade features bankruptcy and federal district court cases

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Ohio Rock Burglar Indicted by Kentucky Grand Jury

Over the past several months, a stormy border war has been brewing between the states of Ohio and Kentucky, over the status of, wait for it... a rock?

Here is a brief recap for those of you unfamiliar with this improbable tale. For centuries, a large boulder submerged in the Ohio river would jut out of the water when its levels were low, allowing daring individuals to brave the waters to carve in it a record of their feat. The rock, while situated on the Kentucky side of the river, held a special place in the heart of the nearby Ohio town of Portsmouth. However, the water level of the river rose in the 20th century thanks to a newly built dam, and the location of the famous rock was lost.

It had not been seen for nearly a century when Steve Shaffer, an Ohio native, set out to rediscover the rock. After numerous dives into the river's depths, Shaffer found the famous Indian Head Rock and brought it ashore with the help of some friends and some pulleys. Shaffer, an historian, now keeps the rock in a Portsmouth garage.

While the salvaging of the rock may have been a well-intentioned attempt to study its etchings and revive interest in local history, Shaffer's success has sparked a raucous debate in both states. Both legislatures have considered resolutions on the rock, Ohio's praising the rock as a special piece of state heritage, Kentucky's calling for the rock to be returned to its rightful place in the river. Shaffer concedes that he should have taken out a permit before removing the rock, and this is the technicality that a Kentucky grand jury seized upon to indict him.

Because the rock is officially listed in Kentucky's registry of state antiquities, the state argues that Shaffer needed a special permit from the University of Kentucky to tamper with it. Shaffer could never have dreamed his rock would incite so much controversy, and simply stated when he heard the jury's decision:

"I obviously need to talk to an attorney."

Source: The New York Times

Become LinkedIn For Professional Social Networking

After deeming itself the serious brand of Facebook or MySpace, LinkedIn, America’s professionals-only online networking community, looks to expand its frontiers toward more users and more revenue. Boasting a plain user interface and subtle unobtrusive applications, the company insists it can offer something that primarily social networks cannot. A rare fusion of a Monster-like company with the accessibility of Facebook has allowed for LinkedIn’s rapid success among the professional crowd. Rather than drawing users in with enticing gaming applications or profile decorations, LinkedIn offers practical tools such as resume posting and user to user contact that aids in professional networking.

Additions that can be expected in the near future include office meeting tools available exclusively to employees of a certain organization. It is the hope of LinkedIn that they will be able to forge the bridge from outer networking only to mastering the details inside office communication. The expansion will require increased privacy measures to ensure only true employees of a company are able to join the community but the extra work will hopefully be worth the result. If LinkedIn can pull off their new additions with success, companies will be able to pose questions online for quick reply, actively search for new employees, and share those possible new hires with as many as they wish. As they separate themselves farther from their “competition” LinkedIn may no longer be comparable to these socially based networks.

Source: NYtimes.com

Supreme Court Decides on Self-Representation for Mentally Ill

Last week, the Supreme Court ruled in favor of an Indiana trial court judge’s right to refuse a defendant’s request for self-representation, stating that the mental capacity of the defendant could compromise his competency and right to a fair trial.

In Indiana v. Edwards, the U.S. Supreme Court vacated and remanded the decision from the Indiana Supreme Court, which ruled in favor of the defendant’s right to a pro se trial. Ahmad Edwards, accused of attempted murder during a robbery in 1999, insisted on representing himself in court, despite his recorded history of mental illness and schizophrenia. While he was found capable of standing trial, the judge, who did not feel he would be fully able to construct his own defense, assigned him two attorneys. Edwards was convicted, but successfully appealed the decision in the Indiana courts on the grounds that he should have been permitted to represent himself.

In the 7-2 Supreme Court decision, the court ruled that the trial judge, who was familiar with the full details of Edwards’ mental health screenings, was best able to determine his capacity to defend himself. In the dissent, Justice Alito expressed his reservations about where to draw the line in determining the competency of pro se litigants. Invoking the 14th Amendment, Alito states:

“In my view the Constitution does not permit a State to substitute its own perception of fairness for the defendant’s right to make his own case before the jury—a specific right long understood as essential to a fair trial.”

Do you agree with the Supreme Court’s decision? Please leave your comments below.

Lawdable Quotes: Albert Einstein

"Laws alone cannot secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population."

~Albert Einstein

Lawdable Quotes: Alexander Solzhenitsyn

“I have spent all my life under a Communist regime, and I will tell you that a society without any objective legal scale is a terrible one indeed. But a society with no other scale but the legal one is not quite worthy of man either.”

~ Alexander Solzhenitsyn

Silencing the Din of Commercials Once and For All

Being jolted out of my seat by blaring commercials as I relax to the nightly news is one of those pet peeves I thought I would just have to live with. But, thanks to Senator Roger Wicker of Mississippi (R), that annoyance might not last much longer. This week, Wicker introduced a bill requiring the FCC to prohibit commercials from playing at a higher volume than the shows they interrupt. Called the Commercial Advertisement Loudness Mitigation Act (CALM), the bill is sponsored in the House by Democrat Anna Eshoo.

For the full text of the bill, please click here.

Parliament On YouTube

The UK has been busy setting up programs to get youth more interested in the Parliamentary process. The House of Lords in particular, is looking to stray from its outdated stereotype and appeal to younger generations that will be the leaders of the land in a matter of years. The strategy to spark interest among young adults has included creating a Youth Parliament program, a blog and their very own page on YouTube, complete with short video documentaries. While the blog, aptly named “Lords of the Blog”, is contributed to by various representatives of the House of Lords and comments on the daily actions of the Houses, the YouTube site includes a much wider variety of topics. Visitors can view commentary contributed by teens, virtual tours of what Parliament looked like before the days of King Henry VIII, discussions on civic participation and links to sites containing House proceedings.

While the UK looks to keep communication open with young adults across the country, the US appears to be falling behind. Although young Americans have had outsider programs such as Schoolhouse Rock and Rock the Vote teaching encourage involvement, the government itself has not done much to appeal to this segment of the population.

Source: MSNBC.com

Processing Out the Competition

Intel, the largest producer of microprocessors, may have been using dishonest practices in order to establish itself as just that. The FTC has opened an investigation that will evaluate certain practices including what appear to be bribes that have been offered to several partners of the computer chip giant. The main competitor to Intel, Advanced Micro Devices, or AMD, will be an integral part of the investigation, testifying to the fact that Intel has been participating in less than healthy, competitive practices. Sources say that Intel has offered its products at a price significantly lower than usual to those companies willing to agree not to do business with competitors. Intel admits to and defends their discounts as practical measures taken to ensure that consumers can continue to afford computers. Although this argument appears to be a valid one in a time of economic struggle, it will be up to the FTC to determine whether or not they will allow such actions to continue.

Seeing as the conclusion will be at the discretion of the FTC, not only will the investigation test the ­­­integrity of Intel as a competitive business, but it may also be one of the first actions to come out of, albeit indirectly, the administration taking office this fall. It is difficult to predict what the result will be considering the uncertainty of who will be taking over the head spot for the FTC. The AMD seems to be looking for tougher price controls in the multi-billion dollar industry, even if that means higher prices for consumers, but depending on who will be appointed the FTC may rule that keeping prices reasonable is more important than entirely competitive business practices.

Source: New York Times

The Law Goes Open Source: Forbes

An article in the June 30 issue of Forbes (released online yesterday) profiles Fastcase as part of a new vanguard disrupting the market for legal research:

"Disruption is in the air, however. Fastcase sells bulk memberships to state bar associations, . . . a compelling reason for law firms to at least try it out. Just as cheap personal computers undermined the mainframe business in the 1980s and open-source programs like Linux and Mysql are challenging Microsoft and Oracle today, outfits like Fastcase are attacking Wexis' stranglehold on legal research from the bottom up."

The article includes a great discussion of the evolution of legal research, from Blackstone to traditional "green screen" online research, to post-Web research tools like Fastcase. It also includes a screen grab of Fastcase's new Interactive Timeline view, which is the first-ever graphical representation of legal research results. (You can see the interactive timeline at work by clicking the tab at the top of Fastcase search results, or in any Authority Check report.)

The article also talks about the value of Fastcase at mid-size and smaller law firms, who have been priced out of the market for traditional research services:

"Bigger law firms will continue to use Westlaw and Lexis for a long time. The established vendors have the most current and comprehensive databases, and, says Thomas Fleming, lawyers know them best. Fleming oversees the research department at 150-attorney Jeffer Mangels Butler & Marmaro in Los Angeles. His firm uses Fastcase for quick searches and to cross-check citations, but he says it has a "phenomenal niche" serving smaller firms that can't afford Wexis".

Click here to read the full article in Forbes, or here to try the interactive timeline view for yourself! (Fastcase subscription required)

Accreditation Materials For Those of You Who Attended Our Fastcase Public Records Webinar!

Thank you to all who attended today's webinar overview for Choicepoint public records searching! We are very excited to offer our users this helpful new feature, and judging from the record attendance, many of you are excited to take advantage of it.

Below are links to several documents that can get you started with Choicepoint, including a subscriber agreement, a price list, and some sample searches. To begin the accreditation process with Choicepoint, simply download and fill out the subscriber agreement and vendor release forms, which you may then fax to Choicepoint at 561-982-6517. Once you have submitted the proper forms, Choicepoint will contact you to kick start your accreditation, as required by the Gramm Leach Bliley Act. If you have any further questions about public records searching with Choicepoint or the registration process, please call our Choicepoint liaison Allison Kennedy at 561-982-5339.

Happy Searching!

Accreditation Materials:

Autotrack Subscriber Agreement
Business Information Services Subscriber Agreement
Vender Reference Release

For More Information...

Autotrack Price List
Sample Asset Profile
Sample Basic Report
Sample Business Comprehensive Report
Sample National Comprehensive Report

Justice of the Paddle

A Texas justice of the peace who had brought corporal punishment back to his court room was sued for the action this week. The offending justice, Gustavo Garza, was sued by a number of families who believe the punishment to be inappropriate and unfair. The legality of corporal punishment is still under question in the US as certain actions have been outlawed in a number of states while others have not been as quick to rule on what is or is not considered child abuse. Texas is considered to be legally one of the “most violent” states toward children as the state does not currently have laws against physical punishment of children in schools. Despite the allowance of paddling in schoolrooms and at home, the definition of corporal punishment ends there. Justice Garza, entrusted with the power to determine punishment in misdemeanor cases, has interpreted that to mean he can offer two forms of punishment for troubled teens; heavy fines or public paddling. Most families have chosen to use the paddle because they cannot afford the fines that remain their only other option. In response to Justice Garza’s judgment, a district judge has ruled that until the lawsuit is settled he must suspend all such punishments.

Source: MSNBC.com

U.S. Unveils World's Fastest Supercomputer

The United States' military has hit a new milestone in computing. The new Roadrunner supercomputer, assembled with I.B.M. in the Los Alamos National Laboratory to address complex issues of national security (such as monitoring the national stockpile of nuclear weapons), is the first petaflop computer in the world. For those of you less familiar with supercomputing jargon, a petaflop computer is one capable of making one thousand trillion calculations per second, and operates at twice the speed of the next fastest computer. Thomas D'Agostino of the National Nuclear Security Administration, illustrates to the New York Times the magnitude of this achievement with the following example:

If "all six billion people on earth used hand calculators and performed calculations 24 hours a day and seven days a week, it would take them 46 years to do what the Roadrunner can in one day."

Before it begins its tenure with the military, the computer will also be used for various scientific endeavors, including investigations into global warming. Having successfully created the first petaflop computer has added a feeling of pride to American supercomputer enthusiasts, who note that several other countries had been vying for this honor. But, as many experts note, it is not the computer itself that deserves the celebration, but the amazingly intricate and significant issues which it can help us tackle.

Source: The New York Times

Sites We Like: Cornell's Legal Information Institute

At Fastcase, one of our missions is to make the law more accessible to people. So it's natural for us to give a tip of the cap this week to the granddaddy of free law online, Cornell's Legal Information Institute (LII).

If you've ever searched for law on the Web, you probably already know about the LII -- since 1992, Tom Bruce and Peter Martin, as well as a group of dedicated law students, have been publishing judicial opinions and the U.S. Code online. They have also been involved more recently with a collaborative legal dictionary and encyclopedia called Wex, as well as a very good e-mail alert system for U.S. Supreme Court arguments and opinions.

In short, LII is awesome, and here are three good reasons why. 1) They were first. And by first, I mean LII was around when the Web wasn't even a web. Tom Bruce wrote one of the very first web browsers -- that's how early these guys were on the scene.

2) Cornell's LII started a movement around the world. Literally -- there are LIIs all across the world modeled after Cornell's. There's also a cool (okay, geeky-cool) documentary discussing this on YouTube (3 very short parts).

3) It's free -- not even ad supported. Cornell's LII calls itself the "law-not-com," and it's entirely funded by "grants, the consulting work of its co-directors, and gifts. No subscription fee limits access to LII services. They are not cluttered with commercial messages or banner advertising."

On that third point, if you've used LII's great resources, we encourage you to support their work. No strong pitch (click here for Tom Bruce's great anti-pitch on his blog) -- just links if you're inclined in that direction.

Click here to visit the main page of Cornell's LII, and click here to donate and support their great work today!

Source: LII's Blog

Drunk Driving Awareness Hits Home a Little Too Hard

A California school of the Oceanside School district confronted the issue of drunk driving with a whole new kind of scare tactic. Faculty, staff and police officers banded together to create a tragic story that they hoped would convince students not to drink and drive. Typical programs that schools can participate in include parking cars wrecked in alcohol related accidents on school lawns, having students dress in black and remaining unspoken all day in remembrance of those killed and other various presentations from groups such as MADD. This California high school went one step further to make the experience all too real for these unsuspecting students.

Police officers traveled through the building and explained that 26 of their peers had been killed in automobile accidents over the previous weekend, all resulting from drunk driving. In the meantime, these 26 students sat waiting in the school office. The reaction to the news was stronger than the teachers had expected as students broke down upon notice of their classmates and friends untimely deaths. Although the plan had originally been to gather later in the day to explain that the announcements had only been a warning, school officials broke the news early as a result of some of the student’s well-being. While a few students recognize that the event was an effective wake up call that you can never be too careful when driving, others feel that the actions taken were harsh and uncalled for. A number of students are still disturbed by what they were told and are not sure yet how they will handle the situation. Despite the many complaints from families in the school, school officials have not yet showed regret over what this dramatization.

Source: CNN.com and APP.com

Law Firms Find Discrepencies Over Technology

The generation gap that makes for different tastes in music, design and values is also creating problems in the workplace; particularly for lawyers. In a field that thousands join a year and most stay in for a lifetime, there are more disputes than ever over what the office environment should look and feel like.

In surveys lawyers who've been in the profession for years prefer doing their work from 9 to 5 Monday through Friday. Younger lawyers are finding ways to work and maximize their time out of the office. Technology has evolved from slow moving desktops to ultra-modern laptops, landlines to PDAs that hold a wealth of information and with all of this innovation, the workplace might have already moved itself out of the office. While the “thirty-something” and younger lawyers may find it perfectly acceptable to communicate with clients and partners over email and text message older generations view this as an ineffective form of communication preferring face to face contact and phone calls.

Whether or not the generations can agree on what method is better makes no difference as they are both necessary to remain competitive. There is no doubt that if all communication were based upon email, text message and instant message, there would be large groups left out of the loop. Law firms need the versatility of each generation to attract every type of client. While the younger folks struggle to conform to authority’s standards and authority figures struggle to keep up with the latest in technology, they balance each other out quite nicely. If the different generations could look past their differences, each segment could learn a lot from the others; a lesson that could keep firms competitive for a long time.

Source: Law.com

Another Law School Loses Letter Grades

This week the Stanford University Law School announced that it would drop the traditional letter grade system, joining the University of California at Berkeley and Yale, two schools which long ago switched to a 4 tiered grading system. The new system will classify students into honors, passing, restricted credit and failing levels. Following the example of its forerunners, Stanford also plans on imposing a strict quota system on professors to protect against grade inflation and reward exceptional students.

The school considered a number of factors before making the switch. Stanford specifically hopes that the move will prevent students from shopping for classes based on professors' grading habits.

Source: The National Law Journal

Supreme Court Up Holds Right To Habeas Corpus

The Supreme Court just barely ruled this week that those detained in the prison at Guantanamo Bay have the right to invoke habeas corpus just as citizens of the United States are guaranteed under the Constitution. The case began when a number of Algerian immigrants, who were currently residing in Bosnia, were arrested under the suspicion that they were plotting an attack on the American embassy there. Despite the lack of strong evidence that the men had been involved in such a plan, they were transferred to Guantanamo Bay in 2002 and have been able to neither challenge the issue nor be released. The ruling from the Supreme Court means that these prisoners, and all others held at Guantanamo, would be granted the right to challenge the reasoning for their detainment. Previously, this action was not considered necessary and was in fact outlawed in the Detainee Treatment Act of 2005. While the act in part works to defend the humanity of detainees by forbidding any treatment that could be considered torture, it also allowed for indefinite imprisonment.

This 5 to 4 decision from the Supreme Court will eventually give a definition to the confinements of prisoners at Guantanamo, an issue that is greeted with mixed feelings throughout the branches government. The majority holds that by giving detainees the right to challenge their imprisonment is the only constitutional way that this situation can unfold. Using Marbury v. Madison as their precedence, the justices declared that no branch of government may hold themselves above the powers of the Constitution and no prisoner on US soil may be stripped of these rights. Those dissenting, including Chief Justice John Roberts and Justice Scalia, are greatly disappointed and concerned about the outcome. In the written opinion, the justices made bold statements regarding the safety of Americans and what this decision will do to jeopardize that.

Source: NYtimes.com

Legal Tabloids Creating Headaches for Firms

Blogs have democratized the means of production for publishers, leading to a fast proliferation of new media. Several of the most prominent legal blogs, including Above the Law and Greedy Associates, began as niche publishing outlets for salary information and legal gossip -- but since have become genuine new media phenomena in their own right - to the chagrin of some law firms, which provide seemingly constant fodder. This week, the National Law Journal outlines some of the steps that firms have taken to prevent their associates from leaking information to these popular internet hubs.

Mairi Luce of Duane Morris explains how her firm has adapted to new media. The firm now monitors the major blogs, making sure that none of their sensitive information is being leaked. Duane Morris also treats the dissemination of important documents for bonus information with heightened security, discussing details one-on-one and avoiding the unnecessary production of hard copies and e-mails (which could be forwarded to bloggers).

While blocking software is available to prevent employees from forwarding emails, even this may not be enough to protect classified information. Some individuals have successfully taken pictures of emailed documents with their cell phones to send the data to the blogosphere. As David Lat, editor of Above the Law, has mused: "Anything that is visible with the human eye can be leaked."

Does your firm have an innovative policy for dealing with new media and blogs that cover firm politics? Have you changed your marketing strategy to accomodate the speed of dissemination of word-of-mouse? Source: The National Law Journal

Lawdable Quotes: If only life was still this easy...

“It is legal because I wish it.”

~ Louis XIV

Philip Morris Goes Back to Court..Again

A long fought case will make its way back to the Supreme Court in the near future as the court has decided to hear the arguments for Philip Morris v. Williams once again. What began in 1999 as a lawsuit from a widow seeking punitive damages has now escalated into on of the most publicized and damaging cases for the cigarette company yet. Mayola Williams originally brought suit against the cigarette giant claiming that they misled her husband by making him believe his years of smoking would do no harm to his health.

After years of arguments and almost victories for Williams, Philip Morris wants to reopen the case, this time to challenge the amount of damages they are expected to pay. The case has bounced back and forth between the Oregon Supreme Court and the US Supreme Court on the basis on constitutionality. While Philip Morris claims that a requirement for them to pay such an “excessive” fee in punitive damages to someone not identified directly as the victim in the situation is not only unlawful but also unconstitutional. Philip Morris will fight their case on the grounds of cases similar to this where those awarded punitive damages are not given nearly as much as is proposed in this case. They aim to win over the court by accusing the Oregon courts of attempting to ignore established Supreme Court precedence. Nearly 140 million dollars is up for grabs pending the decision of this case after almost 10 years of being held up in court. The futures of the Williams family and Philip Morris both rest on this decision, not to mention the new precedence that will arise for a lawsuit of this kind.

Source: Bloomberg

For a Name like Smucker's, It Better be Good

The J.M. Smucker Company announced Tuesday that it would merge with the Folgers coffee subset of The Proctor & Gamble Company. This deal, amounting to almost $3.3 billion, is an attempt to create the largest company providing favorite North American delicacies. Offering peanut butter, jelly, cookies, ice cream toppings and more before the transaction, the addition of coffee to the mix tops off Smucker’s list of All-American guilty pleasures quite nicely. Not only can Americans wake up with Folgers, but now they can spend all day with other products offered in the new family. More than just a matter of pleasing customers, Smucker is hoping to strike a chord with their shareholders as well, predicting phenomenal sales and growth post-acquisition. To prove their confidence in the deal, all shareholders as of the date of record will be provided with a $5 dividend per share. Despite all of the predictions and votes of confidence from executives, time will tell if the company can truly prosper in a period of economic strain and food crises.

Source: Yahoo! Finance

Facebook an Invasion of Privacy, Eh?

The Canadian Internet Policy and Public Interest Clinic, a group of pro-privacy advocates, has filed a complaint with the Canadian Office of the Privacy Commissioner against the Facebook, arguing that the website violates Canada's privacy laws. The group has lodged its complaint publicly, arguing that in past interactions with the Facebook, little progress had been made in private. While Facebook has a reputation for being more intimate than sites like MySpace, the clinic chose to focus on Facebook's infringements because it is the most popular social networking website in Canada.

Facebook only allows users to view the full profiles of their confirmed "friends." Users can also control their privacy settings manually, allowing only certain friends to view their pictures or "wall" (where friends can post messages or pictures). The clinic, however, argues that many younger members may either be unaware of these controls, or do not appreciate the sensitivity of posting personal information on the web. Facebook, in response, states:

"We've reviewed the complaint and found it has serious factual errors, most notably its neglect of the fact that almost all Facebook data is willingly shared by users."

Free MP3 Download of the Week: Double Concerto by Johannes Brahm

Conducting legal research can be a bit taxing at times. With so many boolean queries to create and countless cases to read through, its nice to have a distraction now and then. That is why we feature public domain courtesy of Musopen every week. Take a moment today to sit back and enjoy Brahms's 'Double Concerto'!

Concerto in A Minor, Op. 102 'Double Concerto' - I. Allegro

Concerto in A Minor, Op. 102 'Double Concerto' - II. Andante

Concerto in A Minor, Op. 102 'Double Concerto' - III. Vivace non troppo

Click here to visit Musopen! They have a large database of important public domain pieces.

US Loses Track and Field Star to Anti-Doping Charges

Appealing his doping charges to the Court of Arbitration for Sport, Olympian Justin Gatlin was again found guilty last Tuesday thus ending his hopes for Olympic gold once again. Declared the “fastest man in the world”, after taking the gold in the 100 meter sprint in 2004, Gatlin is now facing 4 years of probation from Track and Field. The case began where all doping charges typically do with the International Association of Athletics Federations. IAAF charged Gatlin with usage of performance enhancement drugs in 2001 and again in 2006.

The IAAF determines all guidelines and policies regarding what substances are considered illegal and how each situation will be handled. Once an athlete has been charged, a provisional suspension will be issued followed by a hearing and eventually the sanctioning or exoneration. In Gatlin’s case, once he was issued his fours years of probation from the IAAF, a much lighter sentence than most facing multiple doping charges, he appealed to the CAS hoping to have all charges dropped in time to compete in the summer 2008 games. The decision of the CAS to standby the ruling of the IAAF will most likely terminate any chance Gatlin had of competing in the Olympic games this term as they are the highest governing body in the field. Although facing a difficult sentence, things could have been much worse for Gatlin considering other athletes banned entirely from their sport or stripped of previously won medals. The IAAF and other governing bodies will soon find out whether or not their policies are effective enough to keep athletes away from the temptation of performance enhancement drugs during this summer’s Olympic games.

Source: American Lawyer Daily and MSNBC

Is America Really Ready for Digital Television?

Nearly 70 million Americans are still watching TV via an analogue signal and the GAO estimates that 35 million of them will be out of luck, and television programs, come winter. After an extensive survey, the GAO has discovered that an alarming amount of Americans have no clue when it comes to the conversion of the old analogue signal to a digital one that is scheduled to occur this February. Despite commercials briefly explaining the process, and coupon offers to lower the cost of conversion boxes, half of the group surveyed say they still do not know how to ensure they will be able to watch television when the switch occurs. Several members of Congress are proposing that the FCC take action now to prevent possible crises that could occur once the switch is complete. In addition, these representatives are proposing more funding toward the creation of coupons for the boxes. The only options for viewers with analogue will be to buy a conversion box or switch to cable or satellite services, none of which are considered cheap. Concerns include whether or not some Americans will lose their access to instantaneous news coverage and entertainment, if the conversion boxes will provide efficient service and whether consumers will find them before the big rush. Several areas to cover in just a matter of months raise the question of whether this new service will really be ready by winter.

Source: WashingtonPost.com

Big Brother On Campus?

Researchers at Northeastern University overstepped their experimental boundaries, or they would have had their project taken place in the United States. Over the past six months, the University has been collecting data regarding the movement of cell phone users in relation to their homes. What they found was that most did not wander outside a radius of 20 miles from their home within the study period, surprising, but ultimately not the focus of this experiment. Northeastern is receiving criticism now for their Big Brother behavior and many point out that an experiment similar to this would never be allowed in the US. Despite the strict policies followed to keep the anonymity of their subjects, Institutional Review Boards would most likely not let such action pass without severely amending the experiment.
On the other side, scientists focused on discovering more about the habits, patterns and practices of humans argue their case for continuing such practices. According to this group, tracking humans by way of cell phones, or other devices, has nothing to do with invading privacy and everything to do with improving the quality of life as we know it. Researchers are attesting to the positive aspects of such a project that would allow for predicting and planning for traffic patterns as well as other problems arising from travel including the spread of contagious diseases. The battle of privacy versus advancement will continue to be fought so long as there are new frontiers and this particular one will have people torn over which side is more appropriate.

Source: CNN.com

DOJ Sued for Discrimination

Joi Hyatte, a paralegal in the Department of Justice’s Civil Rights division, has filed suit against the DOJ, alleging that she has been passed over for promotions because she is African-American. Hyatte claims that although she enjoyed excellent reviews and served the department for 13 years, the department, in violation of typical hiring procedures, chose instead to hire whites and Hispanics from the outside for higher-paying positions. The suit accuses section chiefs John Tanner and Yvette Rivera of "numerous forms of discrimination and harassment,” including the intentional denial of bonuses and promotions solely on the basis of race and tolerance of racist and sexist behavior. In one incident, three attorneys “mocked (a) Caucasian analyst for displaying pictures of prominent African-American civil rights activists and leaders on the walls of her office.” According to Hyatte’s lawyers, six of her co-workers have complained of similar treatment and have logged complaints with the Equal Employment Opportunity Office. Hyatte hopes to win a promotion and back pay for the last two years, arguing that she since 2006 she has been assigned extra work without a pay increase.

Sandra Day O'Connor: Professional Gamer?

That's right. Last Wednesday, Sandra Day O'Connor unveiled a video game she is helping to design at a conference dubbed Games for Change, which promotes "social issue" gaming. O'Connor conceived of the free game, to be released in 2009, for the Our Courts project, an initiative to encourage civic education and engagement. The beginning "level" of the game will introduce the player to First Amendment issues using a scenario in which freedom of expression is challenged by a school trying to ban t-shirts with a certain logo. Justice O'Connor hopes that young people will identify with the dillema, one many face in their own lives. The game will probably simulate a court room, and will sharpen kids' problem solving skills while familiarizing them with important civic ideas.

O'Connor did chuckle in front of the conference about her new career path, joking:

"If someone had told me when I retired from the Supreme Court that I would be speaking at a conference about digital games, I would have been very skeptical, maybe thinking you have had one drink too many."

But she stressed that the state of civic education in the United States today, thanks to television and No Child Left Behind, is no laughing matter. Her strategy of integrating political education with the insular world of gaming has great potential to turn this trend around.

Source: New York Times

Sign Up Today For Our Public Records Webinar With Choicepoint (June 19th from 12:00 -1:00 Eastern Time)

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Take All the Time You Need, or at Least 8 weeks

The Federal government is taking steps to become more similar to its European counterparts by introducing legislation for standardized parental leave. This motion comes after California introduced a policy that provides for employees to be paid 55% of their full salary for a period of up to six weeks while out of the office caring for newborns or sick family members. After researching the action taken in other industrially similar nations, Congress determined the United States is the only one that does not provide for family needs. Businesses are concerned about the affect on productivity and how much a plan such as this would cost, but many believe that our country is in desperate need of this legislation. The percentage of families with two working parents stands at 70, meaning less time to take care of issues at home.

Proponents of the bill argue that being able to take time off when needed without having to worry about financial circumstances is a necessary action. The stress levels of Americans have been on the riseand if this bill passes, it might just take the pressure off of some. Whether it’s an ailing parent or a new born baby that needs care, workers feel guilty about not being able to take the time necessary to remedy the situation. The bill proposes that all businesses with 50 or more employees will be required to provide anywhere from 8 to 12 weeks paid leave for any employees that have newborns as well as newly adopted or foster children. The one stipulation of the plan is that employees who wish to take part will be expected to pay into the system such as with Social Security. The government will provide grant money for the programs and expect employers to do so as well. The Federal Employees Paid Parental Leave Act of 2008 was introduced in early April and is still waiting to be voted on.

N.Y. Court Rules in Favor of Warrantless GPS

The New York Appellate Court, 3rd division, ruled last week that the warrantless use of a GPS device to track a suspect is not a violation of that person's right to privacy guaranteed by the U.S. or New York constitutions. Because expectations of privacy tend to be lower within vehicles than in the home, and also because the GPS devices "surveil (sp) that which is already public," the court ruled 4-1 that the decision of the lower court to deny the appellant's motion for the suppression of evidence obtained using the GPS device should stand.

The appellant, Scott C. Weaver, had been a suspect in a string of robberies when investigators without a warrant placed a GPS tracking device under the bumper of his car. The device assisted them in catching Weaver at his next attempted burglary. Dissenting, Justice Leslie E. Stein stated that this method did in fact violate Weaver's right to privacy under the New York state Constitution, which is considered to afford New Yorkers more extensive privacy rights than at the federal level:

"At some point, the enhancement of our ability to observe by the use of technological advances compels us to view differently the circumstances in which an expectation of privacy is reasonable. In my opinion, that point has been reached in the facts before us."

Source: The New York Law Journal

Unveiling of New, Touchable Microsoft Product

Last week at the, “D: All Things Digital” conference, sponsored by the Wall Street Journal, Microsoft introduced its latest project, a touch-screen computer that will effectively rid of the mouse. While it was first introduced last year at the same conference in a coffee table form, the computer giant has changed its product to service the business world more appropriately. Features of the new system, which will release sometime in 2009, include all functions that a mouse would typically perform transferred to your fingertips. The change may come as a shock to faithful Microsoft users who have become accustomed to their more practical, rather than user friendly, approach to software.

It is rumored that Microsoft is borrowing the idea from its competitor, Apple, who introduced the touch screen iPhone last summer. If the movement of this technology to a computer proves successful, this could mean much easier usage in the future for all computers. Not only will the basic frustrations from a mouse be eliminated, but other technology may also be produced from its inception. An example of what may be to come includes uploading and downloading pictures simply by touching the device to the screen. No estimates yet on what the system will cost but the end result, easier navigation and extra time, might just be worth the means.

Halliburton Suit Returns to District Court

The Federal 5th Circuit Court of Appeals decided last week to reverse and remand the Houston district court's decision to throw out the case Fisher v. Halliburton in 2006. The decision was appealed by the families of several Halliburton workers who were wounded and killed in Iraq, arguing that Halliburton and its former partner KBR unnecessarily put the group in harm's way.

Judge Gray Miller granted Halliburton's 2006 motion to dismiss, stating that because the events took place in a war-zone and involved a political question (ie, judgment on the policy decisions made during the Iraq War) the court lacked jurisdiction:

"Here, the court finds that it cannot try a case set on a battlefield during war-time without an impermissible intrusion into powers expressly granted to the Executive by the Constitution."

The Court of Appeals, however, took issue with this interpretation, noting that the case was brought by civilian employees against a civilian contractor. The court also found that "the tort based claims... can be separated from the political questions that loom so large in the background."

Lawdable Quotes: Ruth Bader Ginsburg

My mother told me two things constantly. One was to be a lady and the other was to be independent, and the law was something most unusual for those times because for most girls growing up in the '40s, the most important degree was not your B.A. but your M.R.S.

~Ruth Bader Ginsburg

Listen Up! 5th Circuit Now Posting Recordings

The U.S. Court of Appeals for the 5th Circuit has recently started to post recordings of its oral arguments at the court's website. The court will post arguments towards the end of the day they are heard, and individuals can search the recordings by docket number, date, title, or attorney.

To listen in, visit http://www.ca5.uscourts.gov/OralArgumentRecordings.aspx.

Lawdable Quotes: Judge Jack Weinstein

The city of New York has filed suit against Jay Wallace, the owner of a gun shop in Georgia, accusing him of selling guns to New York residents, and thus making the streets of the city less safe. Mayor Michael Bloomberg's involvement in the case has been somewhat controversial, dubbed by the New York Times a struggle between David (small time shop owner Wallace) and Goliath, the city's "billionaire mayor." District Court Judge Jack Weinstein, however, has announced a small victory for Wallace; he will not allow Bloomberg to testify in the upcoming trial:

“I’m not going to permit the case to turn into a media show on either side... I see no reason to have the mayor here. From the city’s point of view, he doesn’t add anything to your case.”

According to a city lawyer, Bloomberg's testimony was to focus on the toll that gun violence had taken on the city.

Mayors Against Illegal Guns

Need Privacy? Just "Google" it.

Google finds themselves in trouble once again as they are currently targeted for not being in compliance with privacy policy posting regulations. A number of privacy agencies have accused Google of making it exceptionally difficult to find and read the policies that they have constructed. This accusation follows much criticism for the lack of privacy that Google offers altogether, received by the internet giant in the past several months. To combat these charges Google has made changes to their site as recent as last month, most notably, the blurring of faces in the Google Maps street view application. The privacy groups give credit where credit is due involving the content of the policies formulated but the well-detailed plans are more difficult to locate than the groups would prefer.

The battle has taken the form of a standstill as Google refuses to place a link to its privacy policy directly on its main page and the groups insist they are in violation of the California code regarding this matter. Google defends the placement of their policies and note that they have gone out of their way to create user friendly viewing features. Included in their privacy statements are YouTube videos, ads and more to ensure that all users are completely clear on how they are being protected.
An interesting side note, upon “googling” “Google Privacy”, the first result on the page takes you directly to the policies in question.

Source: BBC News

This Day in Legal History: June 6

On this day in legal history, President Franklin D. Roosevelt signed the Securities Exchange Act of 1934 into law. Part of his New Deal legislation to regulate the markets, the Act founded the Securities and Exchange Commission and put curbs on indiscriminate or criminal trading by brokers. The Act specifically controls secondary trading, in which the actual distributor of the securities may not be involved, and also the day to day activity of the exchange floors themselves.

The Act replaced a web of state legislation, dubbed the Blue Sky Laws, which were widely abused by Wall Street and did not protect against fraud occurring across state lines. Although many brokers initially bemoaned the Act for turning the status quo upside down, the 1934 Act itself did not radically restrict their freedom, and they appreciated the appointment of business friendly Jospeh Kennedy as the first head of the SEC.

Source: The History Channel

This Summer Expect Delays

Fewer passengers, increasing fuel prices and tighter inspection regulations put in place by the FAA, have all contributed to more flight cancellations and delays than ever. After Jet Blue’s introduction of a Customer Bill of Rights last spring, it has become standard procedure for all airlines to refund ticket prices when flights are cancelled and another cannot be rescheduled in a reasonable amount of time, typically two hours. This bit of knowledge should be useful to all choosing to travel by air this summer as the chances of at least one of your flights being delayed will be higher than ever. Before anyone starts to file suit over flight cancellations or unsatisfactory service, the Washington Post has listed several helpful tips for how to get your money back in the quickest and easiest manner. Typically, customers should attempt to get their refunds directly from the airline but in some special cases the refund may need to be retrieved from another source.

Since the FAA is partially to blame for the travel frustrations, they have introduced new technology and procedures that will hopefully alleviate some of the pain in flying. Reorganization of routes as well as air traffic control procedures will allow for more flights to get in and out successfully during the vacation season.

This Week's Blog-Worthy Cases

Want to learn more about those cases you have read about in the news? Below are links to some notable (and notorious!) opinions that have recently been in the public eye.

In re Steed, et al. Court of Appeals of Texas

The Texas court ruled that the children removed from the polygamist compound by child protection authorities in Eldorado, TX, must be returned to their families. The state is likely to appeal the decision.

Major League Baseball Advanced Media, et al. v. C.B.C. Distribution and Marketing, Inc. U.S. Supreme Court

The Supreme Court this week refused without comment to hear this case, appealed by the MLB, in which an online fantasy baseball company sued for the use of real players and teams, invoking its first amendment rights.

Working it Out Never Felt So Good...

This week a New York courtroom acquitted Christopher Carter, a member of an Equinox gym in the city, of assaulting a neighbor during a spin class. Stuart Sugarman had been grunting and shouting out things like "You go girl!" throughout the spin session, and Carter, to no avail, repeatedly entreated the Equinox staff to quiet him down. When the moaning and groaning continued, Carter took matters into his own hands, lifting up Sugarman's bike and shoving him backwards. Sugarman alleges assault, and claims that the incident led to a herniated disc in his neck.

The jury, however, did not feel Sugarman's pain. According to the New York Times, several jurors voiced sympathy for Carter's reaction and were concerned about the credibility of Mr. Sugarman's injuries. The closing arguments could not have been much more encouraging for Sugarman's case. Prosecutor Brigid Harrington closed by reasserting to the jury that Sugarman did not "have it coming," even though he might not be a person “you would want to hang out with regularly.”

Source: New York Times and WSJ Law Blog

US Provides Upset in International Law Competition

Every year at this time, the International Law Students Association sponsors the Philip C. Jessup International Law Moot Court Competition. For almost fifty years, this competition has offered law students from around the globe the opportunity to show what skills they have developed in a mock, yet highly realistic, manner alongside and against their peers. Since the start of Jessup, schools outside the United States have dominated, but in this particular year, a lesser known American school could not be beat. Case Western Reserve University School of Law won its first ever title arguing cases involving terrorism, global warming and other issues of international relations. Of the teams competing from the United States, Cornell was deemed most likely to take home the gold, but it was not to be so this year. Recently, Case has started developing its programs in international law more in depth, a plan that is proving quite successful.

Organizers of the notable competition and others involved in international law, recognize the contribution Jessup has made to the growth and success of this practice. While our world shrinks on a daily basis due to increased technology and forms of communication, the prevalence of international law is increasing as well. Jessup aims to train the next set of lawyers who will face some of the world’s greatest problems through practice and interaction with their foreign peers.

Source: AmericanLawyer.com

Internet Start-Up Builds Bridges in Middle East

The New York Times this week followed a budding internet start-up company, G.ho.st, that is trying to found an innovative web product in spite of the major divides, physical and cultural, across Israel and Palestine. The firm employs both Israelis and Palestinians, separated by checkpoints and fences, who can meet only once in awhile in neutral zones and coffee shops. Most often, Palestinian developers communicate with their Israeli counterparts by webcam. Many of G.ho.st's employees had never interacted with those on the other side of the conflict, and while the founders expected a difficult transition, chief executive Zvi Schreiber states that the partnership has been highly successful.

G.ho.st is currently developing a "virtual computer" that would allow users to access the desktop, files, and data from their machine at any computer. As Schreiber explains, "Ghosts go through walls," and they hope their product will be no exception. But the company does hope that in reaching its goals as a business, it can in a small way bridge the gaps that daily push their employees apart. In addition to directly hiring Palestinian developers (rather than cheaply outsourcing the jobs), G.ho.st also supports a foundation that builds computer centers in Palestinian towns.

G.ho.st, gliding gracefully through barriers rather than breaking them down, represents much more than the next generation of computing.

UN Points Fingers in Global Food Crisis

The Food and Agriculture subset of the UN called for summit recently to address the increasing problems of the food crisis occurring around the globe. The FAO accounts more than just a few nations as being problematic for reasons including placing bans on exports, overspending and other excesses causing the price of food to skyrocket around the world. It will take years, and the cooperation of several countries, to solve the problem of increasing hunger but the UN would like to lay out a plan to do so. Ultimately the decision will have to be made by those developed nations with the ability to support third world agricultural economies hit hardest by the crisis. While the more developed nations, including the US, have always been more than willing to reach out to their fellow inhabitants, concern over their own workers and economies may hold them back from reaching out too much. Although none will deny the need for regulation over the food crisis, proponents of the cause will find themselves butting heads with those attempting to salvage their own economies, bolster their workforce and find alternative energy sources. With so many issues for the UN to face, it will take years of careful planning to determine which problem can be reconciled first and which can afford to wait.

Source: MSNBC.com

Decreasing Cancellation Fees: Necessary and Proper?

A ruling over cell phone cancellation fees could bring the argument of state versus federal powers back to the courts. Since the arrival of cell phones on the market, there have been outrageous fees associated with cancelling service plans. While consumers view the fees as a way for companies to trap you into paying for years of what may be less than adequate service, the companies defend their right to charge the fees as a way to offset costs. The FCC has introduced a plan to standardize the fees nationwide at a more reasonable rate. Why aren’t consumers satisfied? New legislation controlling the fees would eliminate the possibility of bringing class action suits against any of the companies upsetting industry, consumer groups and law firms alike.

In spite of this limitation, it’s possible that the introduction of this type of legislation would bring about a different kind of lawsuit. Considering the historical precedence of states controlling such a matter, some may question the constitutionality of such legislation. As it is clearly stated in the Constitution, states are granted exclusive power to regulate intrastate commerce, a boundary that many believe the Federal government would be overstepping. It will be interesting to follow whether or not this case will raise questions over state and federal boundaries again.