Supreme Court Justices Consider Whether to Reconsider Landmark Death Penalty Decision

Last term, the Supreme Court decided that it is unconstitutional to apply the death penalty to a person convicted of raping a child.  The opinion stated that there is a national consensus against using the death penalty for the rape of a child.  However, the opinion overlooked legislation making the death penalty available in child rape cases under military law.

Today, in their private conference, the Justices will decide whether to reconsider their decision.  In the final brief submitted by the State of Louisiana and joined by the Department of Justice, it is argued that policy is moving toward making the death penalty available as punishment in child rape cases.  The brief concedes that the Court may base the ruling on its own judgment only, but states that the military law passed by Congress and signed by the president should also be considered when interpreting the Eighth Amendment.  Both Barack Obama and John McCain criticized the Court’s initial ruling in this case, and the final brief cites the candidates' statements as further evidence that the public supports using the death penalty in child rape cases.

Source: SCOTUS Blog

Hurricane Victim’s Sarcasm is Out of Control

A fed up Houston lawyer’s letter to opposing counsel is making its rounds on the internet.  The was penned on 9/26 and is addressed to Dale, a Dallas attorney, whose initial correspondence regarding a rescheduled deposition did not adequately account for the fact that Houston is recovering from a hurricane.  The hurricane victim/lawyer masterfully lays out the decidedly unpleasant events which prevented him from appearing at the deposition at the appointed date/time.  Then, he makes some truly priceless inquiries.  To really understand the tone of this treasure, we insist that you read it yourself. 

And to whoever made the joke on Above the Law about proper post-hurricane behavior being a testable topic on November’s MPRE: Nice.

Source: Above the Law

Live Coverage! House Vote on Bailout

Live Blog:

2:27 - The vote for the $700 billion bailout failed in the House. The Dow Jones immediately dropped as much as 700 points. Only 60% of Democrats and 33% of Republicans backed the bill. (CNN Video Stream)

2:44 - All the major indexes are posting large declines.  Check out Google Finance for current numbers.

2:46 - Oil is down nearly 10 dollars on fears of a global economic slowdown.

2:54 - Gold is up $22.30 to $910.80 an ounce.

Articles You Like

The Fastcase  blog wants to know what you are reading!  We are passionate about legal and technology news but we'd like to open up our comment board for any article that you find interesting and that you'd like to share with others.  Have you stumbled on article that gives a unique perspective on the $700 billion government bailout in the financial markets or an interesting article on the netbook trend ? Let us know! We'd love to read them all.

Please make a post with the Title and URL of the article in our comments section.

Thanks for reading!

Another “Made-in-China” Scare

The EU has ordered that all imports containing at least 15% milk powder be tested for melamine, a chemical that has left more than 50,000 Chinese children sick and four dead.  Officials are mainly worried about cookies, toffees and chocolates.

It is illegal to import Chinese dairy products into the European Union, but many countries import food containing milk powder outside of Europe.  In 2007 alone, 19,500 tons of pastry, cake and biscuits and 1,250 tons of chocolate and cocoa products were imported from China. The FDA has expanded checks for Chinese milk products as well.

New Zealand and Australia have recalled a Chinese candy that contained high levels of melamine and Japan, Brunei, Singapore, Malaysia, Hong Kong and Taiwan have already banned all Chinese milk products. 

Source: The New York Times, International Herald Tribune

Minnesota Judge Wants a Do-Over in Piracy Case

 U.S. District Judge Michael J. Davis granted a new trial to Jammie Thomas, a woman convicted for illegal file-sharing, citing he made a mistake in her trial.  Last October, Thomas was found guilty of copyright infringement and was ordered to pay $222,000 to six record companies for the 24 songs she shared on the Kazaa file sharing network.

At the time of trial, Davis instructed the jury that simply making the files available was enough to find Thomas guilty. Yesterday, however, he stated that he made a mistake, and that the law requires that actual distribution be shown.

Davis also made note that the 24 songs were about equal to three CDs costing less than $54, making the penalty 4,000 times the cost of the CDs. He is asking Congress to look at copyright laws in order to discontinue extreme awards against individuals in future cases.

“Unfortunately, by using Kazaa, Thomas acted like countless other Internet users,” Davis wrote. “Her alleged acts were illegal, but common. Her status as a consumer who was not seeking to harm her competitors or make a profit does not excuse her behavior. But it does make the award of hundreds of thousands of dollars in damages unprecedented and oppressive.”  

Source: WSJ Law Blog

Hundreds of truckers expected, 20 show up, 3 receive $2000 parking ticket.

The stats are not good for those truckers who decided to show for the trucker gas price protest in Washington, DC. Three of the only twenty truckers who showed up with their rigs were each fined $2000 for parking in a no parking zone. Reportedly, the sign was very difficult to see.

Source: DCist

Four Law Firms Make the Cut for Working Mother(s)

Law firms are beginning to help balance the scale between work and motherhood for employees.  Working Mother magazine has tracked this progress and ranked four law firms on their list of 100 Best Companies of 2008.

Those that made the list include Arnold & Porter and Covington & Burling both in Washington, DC, Katten, Muchin, Rosenman in Chicago, and Pillsbury, Winthrop, Shaw, Pittman in New York.  Companies are rated in seven areas including, workforce profile, compensation, child care, flexibility, time off and leaves, family-friendly programs and company culture.

Applications for the 2009 Working Mother 100 Best Companies will be available mid-December with a March due date.  Working Mother also rates the Top 50 Law Firms for women.

Source: Law.com, The National Law Journal

US Releases Detained Canadian Television Reporter

Lawyers negotiated the release of a twenty-two year old journalist after he was held without charge for 11 months at the Bagram Air Base in Afghanistan.  US officials suspected that he had contacts with local Taliban members and thought he could be in possession of a video about the Taliban.

Jawed Ahmad, the detainee, admits that he was in contact with Taliban members.  “As a journalist, you have the right to talk to any organization.  You are the eyes of the world,” he said.  He went on to say that he spoke with Taliban fighters just like he spoke with NATO.  “If you know only one party, you are useless.” 

To date, he is the only prisoner that the US has released from Bagram Air Base.  He intends to continue working as a journalist.

Source: Blog of Legal Times

Sites We Like: Engadget

The Fastcase blog focuses most of its attention to interesting legal news items but we also have a passion for keeping up with the latest technology.  One of our favorite blogs is Engadget, a blog that is devoted to consumer electronics and general technology news.  Engadget  is part of AOL's Weblog's  Inc. network, which consists of numerous blogs appealing to niche interests.  If you frequently succumb to gadget lust and want to keep up with trends in the consumer market, this is definitely the site for you.

 Let us know your opinions about Engadget  in the comments!

Editors Note:  It is a surprise to us that AOL could produce a blog that is on the bleeding edge of new technology and trends in the market.

 
SiteWeLike: Engadget

Google and T-Mobile Launching First Android Phone Today

T-Mobile is launching the first cell phone that uses Google's Android operating system.  Dubbed G1, the phone has 3G functionality, will come preloaded with apps (such as Amazon's MP3 store), GPS and a 3.1 megapixel camera.  Will Google's first foray into the cell phone market tempt you to switch from your iphones or blackberrys?

If you are interested in learning more, The Boy Genius Report is conducting a live blog at 10:00 a.m. (ET) covering the unveiling of the handset.

Image Courtesy of TmoNews
Source: Engadget

Google Claims Its Floating Data Center Will Save the World, Skeptics Disagree

That’s right. Google applied for a patent to protect its idea for a “water-based data center” between 3 and 7 miles off the coast. The New York Times Technology blog calls it “Google’s data navy.”

Why is Google doing this? It depends on who you ask. Of course, there are those who argue (jokingly?) it’s just another stop on the road toward the search engine/advertiser’s quest for global domination. Others suggest that Google has just grown tired of paying taxes and following rules. And no one seems capable of resisting the urge to joke about pirates. (The Guardian went so far as to pair the news with a photo of Captain Jack Sparrow.)

But, Google claims that the water-based data center is environmentally responsible and that it will strengthen the United States’ national security. Under the proposed plan, the center will also be a wave farm and will use Pelamis units to generate power. Additionally, in the patent application, Google argues that a need for computing and telecommunication flows from military conflict and natural disaster.

In addition saving the environment, increasing the security of our nation, and bringing Google a little bit closer to being in charge of the world (or at least the part of the world that Secretary Paulson probably will not be running), the water-based data center hopes to meet the increasing demand for bandwidth. This will speed data arrival and hopes to solve the problem of housing bulky data in crowded coastal metropolitan areas where space is unavailable/expensive.

What’s next for Google? Outer space? Too late: they are already there.

Source: New York Times Technology Blog

Lawdable Quotes: Jean de la Bruyere

The court is like a palace of marble; it's composed of people very hard and very polished.

~ Jean de la Bruyere

Lawdable Quotes: Alexander Pope

Curse on all laws, but those that love has made.

~ Alexander Pope

Breakthrough Study: The internet is a distraction.

“Employees are staying entertained,” states Steve Mullaney. He is the vice president of marketing at Palo Alto Networks, a company that designed and ran a study on what employees are using the internet for at work. The study analyzed 60 large businesses to determine what everyone is “working on” online.

The result? Ten percent of all network bandwidth at the businesses studied came from YouTube and Slingbox, a program which allows employees to watch television from their computers. Use of Google Calendar and Google Docs was common in 80% of businesses. Of course, this is all in violation of the policy most businesses have against these programs. And, employees appear to be getting away with it…for now.

Okay, get back to work.

Source: WSJ Buisiness Technology Blog

I Hereby Order... No More Kids?

Here is a sentence you don't hear every day...

Last week, a Texas judge ordered Felicia Salazar, a twenty year old on trial for failing to properly take care of her toddler, to have no more children as a condition of her probation.  Salazar was convicted of "injury to a child by omission," failing to protect and treat her baby girl after she was physically abused by her father.  Both Salazar and the girl's father have given up their parental rights, placing the baby in foster care.  Judge Charlie Baird sentenced the father, Roberto Alvarado, to 15 years in prison.  Salazar, however, was able to reach a plea bargain with the prosecutors, receiving 10 years probation.  But, Judge Baird did not seem to think that the usual conditions for probation, such as a mental health screening or community service, sufficed.  Judge Travis explained in an interview:

"When you look her background, the circumstances of this case, reasonable condition of her probation was that she not conceive or bear any children."

Baird also points out that with the plea bargain, Salazar would have been sentenced to 10 years behind bars, in which case, she would not be able to bear children for the same period of time.

While Judge Baird says that neither Salazar nor her lawyer filed any objections to the sentence, defense attorney Kent Anschutz has since raised the question of how the provision will be enforced.  Others, including constitutional law expert Douglas Laycock, have argued that Baird's condition is unconstitutional:

"The state rarely tries to stop people from becoming parents, so there has not been much occasion to litigate that.  But undoubtedly there is a constitutional right to have children ... and I doubt that one conviction for injury to a child is enough to forfeit that right."

Although a Michigan judge has successfully imposed a similar condition on a negligent father in the past,  the consensus among experts suggests that it is unlikely Baird's ruling will hold up on appeal.

Source: The Wall Street Journal Law Blog

After 25 Years, NYC Settles Homelessness Suit

This week, the city of New York settled a class action lawsuit first brought by advocates for the homeless in 1983, reinstating a comprehensive plan to tackle homelessness that had been significantly hampered by the costly litigation.

The central suit, McCain v. Koch, alleged that New York City failed to offer sufficient or suitable emergency housing for homeless families.  Since 1983, the McCain case has been joined by others, including complaints that families were illegally denied access to or prevented from applying for temporary housing.  While other lawsuits have forced the city to guarantee a right to shelter and protected the voting rights of the homeless, the McCain suit dragged on, hampering the Bloomberg administration's efforts to pursue its ambitious anti-homelessness agenda.

As recently as 2006, the city submitted a motion to dismiss the lawsuit, pointing to the improvements and reforms made to the system since it was first filed.  But the case continued, until this week, when the parties involved came to a settlement outlining a way forward.  As reported in the New York Times:

"Under the settlement, the parties agreed a new case would be filed and, following a class action settlement hearing, all cases against the city and state, as well as the new one, would be dismissed."

The settlement outlines regulations and agency specifics to govern the city's policies for the homeless, and has been praised by both city officials and the plaintiffs.  Some advocacy groups also favor the settlement, including the Coalition for the Homeless:

"We applaud today’s settlement of the McCain litigation. On the brink of open court testimony from mothers with children who have been relegated to sleeping on our sidewalks, in church basements, laundry mats, and other public spaces, the Bloomberg Administration has come to its senses and agreed to codify an enforceable Right to Shelter for families with vulnerable children."

Source: The New York Times

This Day in Legal History: September 17th

Today marks one of the greatest triumphs in the legal history of the United States.  On September 17th, 1787, after many heated and lengthy debates, delegates in Philadelphia signed the Constitution of the United States.

The Constitution has become a sacred document in the hearts of all Americans, and it was no less so when it was written.  The document saved the fledgling country from imminent crisis and dissolution by replacing the inept and divisive Articles of Confederation.  Negotiated at the close of the Revolutionary War, the Articles of Confederation gave Congress broad powers but deprived the federal government of the enforcement mechanisms needed to levy taxes or raise troops.  To prevent a breakup of the union, all of the states, except Rhode Island, sent delegates to Philadelphia to negotiate a new governing document in May of 1787.

While compromising on the language of the Consitution and the new, stronger federal government was hard enough, the work of the delegates was just beginning on September 17th.  In order for the Constitution to go into effect, nine out of the 13 state legislatures had to vote on ratification.  Some states, such as Massachusetts, refused to ratify unless the document outlined the rights of citizens more specifically, which eventually led to the inclusion of the Bill of Rights.  Others demanded language indicating that all powers not explicitly delegated to the federal government would be the province of states.  And Rhode Island, the most stubborn of all, opposed federal control over currency and slavery, and would not ratify until threatened with economic sanctions.  But, in 1790 it finally approved the Constitution, as the last of the 13 colonies to officially do so.  

Happy Birthday Constitution!

Source: The History Channel

US Court of Appeals to Decide Standing to Cable Programmers

Yesterday afternoon, cable programmers such as C-SPAN, the Weather Channel, and A&E Television argued that they have standing to challenge the FCC order that cable operators must go completely digital or provide both a digital and analog version of the same channel before the U.S. Court of Appeals for the D.C. Circuit.  Bruce Sokler, partner at the D.C. communications firm Mintz Levin Cohn Ferris Glovsky & Popeo, argued that the programmers do have standing to challenge this order because it limits each channel’s ability to reach customers.  Joseph Palmore, the FCC’s deputy general counsel, responded in the brief for respondents as well as in his oral argument that the digital television switch will create more bandwidth space for all cable operators and that, for this reason, the programmers’ fear is unfounded.  The National Association of Broadcasters filed an amicus brief in favor of the FCC’s position.

Judges suggested that it is not clear that programmers have standing to challenge an order that affects cable operators, not programmers.  Injury to cable channels is arguably speculative and any concrete injury may not be redressable. Additionally, the boxes created to allow analog customers to receive digital signals are designed provide further protection for programmers’ First Amendment rights.

Source: The Blog of Legal Times

CAN-SPAM Indeed...

Dedicated Fastcase Blog readers may remember a decision we wrote about back in February, which upheld a conviction in the state of Virginia for the world's eighth worst spammer.  This winter, the Virginia Supreme Court ruled 4-3 that the conviction should stand, finding that Jaynes' First Amendment rights had not been violated, and rejecting his interpretation of the Inter-State Commerce Clause.  However, shortly after the decision was handed down, the court agreed to re-consider Jaynes' the question of free speech without explanation.  Last week, in a unanimous decision, the Virginia Supreme Court has reversed that decision.

Jaynes' prolific spamming campaign would be considered illegal under both the federal CAN-SPAM Act and Virginia's anti-spamming legislation.  However, the federal law was not yet in effect when the spamming in question took place, and the court now finds Virginia's law to be unconstitutionally overbroad.  Jaynes argues, and the court agrees, that because Virginia's law outlaws all types of spam, including religious and political speech, it is in violation of the First Amendment.

Judge G. Steven Agee wrote:

the law ''is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails, including those containing political, religious or other speech protected by the First Amendment to the U.S. Constitution.''

While Jaynes sent out strictly commercial emails, the law, and his conviction, have been struck down.  So for now, Jaynes is off the hook.  For all of our sakes, lets hope he finds a new profession.

Source: The New York Times

Pro-Borat Decision Catapults Judge to 2nd Circuit

Apparently, the cultural learnings of America make benefit the glorious United States District Court Judge Loretta Preska.  Judge Preska, who recently presided over a suit against the makers of the faux-documentary Borat, was rewarded for all of her hard work on the case with an appointment by President Bush to sit on the Federal 2nd Circuit.  Preska took a careful interpretation of contract law to grant the defendants' motion to dismiss, earning her some well-deserved kudos from the legal community.

Many of the unsuspecting subjects in the Borat movie have attempted to sue the film's producers and star, Sacha Baron Cohen, for misrepresentation.  In this particular suit, the plaintiffs include a drivers education teacher, several guests from a dinner attended by Borat, and an etiquette instructor.  Preska's opinion contains an  analysis of the controversial film's intentions, explaining that Borat's offensive and somewhat disgusting behavior does, in a way, serve a higher purpose:

"At its core... Borat attempts an ironic commentary of 'modern' American culture, contrasting the backwardness of its protagonist with the social ills [that] afflict supposedly sophisticated society."

Borat's behavior prods his American hosts into words or deeds that do not necessarily reflect their best nature, and many of the individuals who appeared in the film were horrified to find out they would be appearing in a blockbuster satire.

All participants, however, did sign a contract explaining that they would be filming a documentary-style movie, and acknowledged that each "... Participant is not relying upon any promises or statements made by anyone about the nature of the Film or the identity of any other Participants or persons involved in the film."  Effectively, the characters that encountered Borat along his journey had signed away their rights to challenge the validity of who he was or what he was doing.  Judge Preska concluded that each plaintiff had signed a valid agreement and granted the film's motion to dismiss.

Source: The Wall Street Journal Law Blog

Hari Puttar?

Sounds familiar, no doubt.  Hari Puttar is the title of a new Indian film that was set for release in the U.K. this week, only to be held up in court by the makers of the beloved blockbuster sensation Harry Potter.  Hari Puttar does bear some resemblance to the story of everyone's favorite wizard; it follows a young Indian boy who emigrates to England with his family, who is then caught up in an evil plot which he must foil in order to save the world.  However, the film's creators maintain that while the name Hari Puttar sounds a whole lot like the English Harry Potter, the traditional Punjabi moniker has nothing to do with the Boy Who Lived.  The first name Hari is very common in India, and the last name Puttar translates to "son."

Mirchi Films, the Bollywood production studio releasing the movie, must now detain the movie until the end of September to address the Warner Brothers lawsuit.  In its complaint, Warner Brothers argues that the title confusing.  I would agree, but as long as little Hari Puttar is not flying around Britain on a broomstick, its seems likely that the kids will catch on.

Source: BBC News

Lawdable Quotes: Thomas Jefferson

Certainly one of the highest duties of the citizen is a scrupulous obedience to the laws of the nation. But it is not the highest duty.

~ Thomas Jefferson

Lawdable Quotes - Samuel Butler

In law, nothing is certain but the expense.

~ Samuel Butler

Blasphemy and Beheading in Afghanistan

Now that the surge in Iraq has brought the country relative calm, many eyes are turning to the increasing chaos gripping Afghanistan.  While the country's Western backed president, Hamid Karzai, has stated a commitment to combatting religious extremism and the Taliban, much of the country is witnessing a revival of fundamentalism, even within the official Afghan judicial system.

Sayed Pervez Kambaksh is a young man who has suffered greatly at the hands of Afghanistan's resurgent Islamic Courts.  Accused of blasphemy, for allegedly downloading literature promoting women's rights from the internet, Kambaksh was sentenced to death after only five minutes in the courtroom.  His lawyer was not present, and Kambaksh has already served nearly 9 months in Afghan prisons.  The international community has seized upon the case, demanding the release of Kambaksh, but a number of widely respected Islamic scholars in the country are defending the court's decision.  Enayatullah Baleegh, an imam at one of Kabul's largest mosques, has declared:

"Kambaksh has deviated from religion, and Islam orders that he must be executed.  The courts of Afghanistan, as per the constitution, have sentenced him to death and we certify this 100%."

In order for the execution to go forward, President Karzai must provide his approval, which he has yet to give.  The sentence gives particular insight into the juggling act Karzai must perform between the West, to whom he owes his position, and the Afghan people.  Eager to prove his independence, Karzai recently opposed the appointment of prominent British diplomat Paddy Ashdown as the U.N.'s Special Envoy to Afghanistan, a move some say was motivated by anti-British sentiment and Karzai's fear of appearing too weak.  It remains to be seen how he will handle this incendiary, and tragic, court ruling.

Source: BBC News

CREW Sues Cheney Over VP Records

This week, the Washington watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed a court order demanding that Vice-President Dick Cheney hand over his records to the public.  The Presidential Records Act (PRA) of 1978, passed after Nixon's Watergate scandal, makes all executive records public, and explicitly states that any vice presidential records are to be treated in the same manner as the president's.  A Cheney spokesperson states that his office will release his records to the National Archives once his term has ended, as outlined in the PRA. CREW, however, maintains that in light of the mismanagement of the White House email records, Cheney should turn over his documents immediately to ensure none are destroyed before January:

"Given the unlawful policies and directives of the defendants, there is an imminent threat that even before the end of this administration, Vice-President Cheney and the OVP will destroy, transfer, or otherwise dispose of many of the vice president's records under the theory they are personal records and therefore not covered" by law.

In 2003, Cheney stated that he does not consider the office of the Vice-President part of the executive, but rather, an extension of the Congress as President of the Senate.  CREW fears that under this interpretation, Cheney could withold important, and potentially incriminating, documents from public scrutiny.  The National Archives has also taken a controversial stance, refusing to release certain vice-presidential documents which it has labelled personal, rather than public, in nature.  CREW is taking on the Archives' position in a separate suit.

The multitude of lawsuits attacking the White House for failing to comply with ethics and record-keeping guidelines illustrates the need for an enforcement mechanism.  A group of historians has written to Congress requesting legislation to that effect.

Source: The AP

Controversial Section of the Bankrupcty Law Ruled Unconstitutional

The time consuming process of representing a bankruptcy client may now be lessened thanks to a federal judge in Hartford, Conn.  Yesterday, U.S. District Court Judge Christopher Droney ruled a component of the 2005 update to the bankruptcy law unconstitutional, stating that limiting the advice attorneys can give to clients is unlawful.  Plaintiffs in the case, including the Connecticut Bar Association and the National Association of Consumer Bankruptcy Attorneys, filed in 2006 in opposition to the requirement of explicit guidance, specifically not acquiring any more debt.

Droney found the element of the law too broad because it restricts attorneys from advising clients to take on any debt, even beneficial debt, such as refinancing a home to a lower rate, or buying a car with a lower monthly payment, prior to filing for bankruptcy.  He stated that to regulate and prevent bankruptcy fraud the government would need a more modified and specific law.  He did rule in favor of the feds on some of the issues with the law, including an opposition to an element stating a person can file for bankruptcy without and attorney.

If you have an opinion on this issue, please post a comment below!

Source: Forbes

The Forensics of "Texting"

This week, the BBC News follows an increasingly valuable method of forensic investigation; the linguistic analysis of the text message. Many are familiar with the forensic technique of identifying handwriting and signatures, and according to some experts, cell phone text messages can leave a similar personal mark. As texting becomes an increasingly popular, and easily traced, pathway of communication, the ability of investigators to interpret text messages will become ever more crucial to solving a variety of crimes.

In 2008, a high profile murder case was solved by using linguistics to decode text messages, resulting in the conviction of a man named David Hodgson in the killing Jenny Nicholl. After her disappearance, Hodgson sent a number of text messages from Jenny's phone, posing as his victim. The language used by Hodgson, however, did not match the style Jenny typically used in her messages, substituting certain words with slang from another region of Britain. Although Jenny's body was never found, the jury relied on the linguistic evidence to find Hodgson guilty of murder.

This type of analysis, however, is not foolproof. Dr. Tim Grant, an expert in forensic linguistics, cautions that it works best with a smaller sampling of texters; because texting language is often stunted and brief, the statistical data can lose its power as the numbers increase. Dr. Grant also notes that the ever-evolving English language, always developing new slang words and abbreviations, requires the linguistic experts to constantly revise their data. And while linguistics can paint a stereotypical picture of who the texter might be, in terms of sociological background, age, and gender, it does not always elucidate the finer details of a texter's personality. Nevertheless, forensic experts and juries alike have found the new linguistics of text messaging helpful and informative, and the field is likely to see great expansion and advancement in the years to come.

Source: BBC News

Sit Back, Relax, and Enjoy your CLE Credit

This fall, the Northwestern University School of Law is offering some very tempting CLE courses for Illinois professional responsibility credit.  Now, Chicago-area lawyers can earn their credit by watching three timeless legal films and discussing them at the Northwestern campus.  There are surely worse ways to spend a Saturday!

The movies selected by Northwesten are To Kill a Mockingbird, 12 Angry Men, and Judgment at Nuremberg.  After an attorney signs up for any of the three courses, Northwestern will mail out a dvd of the film to watch at home.  During the hour long discussion, attendees will debate the "positive and negative" aspects of the practice of law.  The sessions will be moderated by Northwestern professors, including experts on international human rights, civil and criminal procedure, and advocacy.  The classes will likely hold 75 students each.

So, for all of you Illinois Bar members, these courses are definitely worth taking if you are short on your CLE credit; each provides 1.5 hours.  The one downside: popcorn is not included.

Source: The National Law Journal

Free Book of the Month: Lectures on the Early History of Institutions

Lectures on the Early History of Institutions is another classic work by Henry Sumner Maine.  We've featured another of his works; Ancient Law, on a previous post.  Lectures on the Early History of Institutions is the sequel to Ancient Law and is just as engaging.

Selected Quote: Law, in its most general and comprehensive sense, signifies a rule of action ; and is applied indiscriminately to all kinds of action, whether animate or inanimate, rational or irrational.  

Download Lectures on the Early History of Institutions.

Lawsuit Against Legal Outsourcing Fizzles Out...

This month the American Bar Association released Ethics Opinion 08-451, which approves the practice of legal outsourcing from American firms to lawyers abroad, provided that both attorney client privilege and privacy are protected in the process. Many hailed the ABA's embrace of outsourcing as a way to legal fees and empower smaller firms.

Some legal professionals, however, are not too thrilled about the ABA's implicit endorsement of this growing industry. Some deride the practice in the traditional political terminology, slandering it as anti-American and traitorous. American contract lawyers lead the opposition, arguing that outsourcing will drive down pay and deprive an ever-growing army of law school graduates of work. Finally, some believe that the transfer of sensitive information between firms in different countries risks a security breach. Joseph Hennessey, a Maryland lawyer, filed suit in May against Acumen Legal Services, an Indian legal processing outsourcer, alleging that confidential information transferred overseas would be subject to review by the federal government during routine surveillance. But, Hennessey's complaint shied away from specifics, naming no victims; instead, he sought a court injunction against legal outsourcing generally. He voluntarily withdrew the suit last week, after Acumen filed a motion to dismiss.

Hennessey is confident that further research will pinpoint instances where private documents, such as medical records, have been inspected by the government. Once he has specific plaintiffs he says he will bring the matter up in court once more. For the time being, Acumen's lawyers argue that Hennessey's challenge is just conjecture, and that any court injunction against legal outsourcing would unfairly punish companies guilty of no wrongdoing.

Source: The New York Law Journal

Death to the Billable Hour?

This week, the Economist magazine speculates that the legal profession may soon witness an end to the billable hour, which it has lovingly dubbed the "Killable Hour." According to the article, the cumbersome process of record-keeping and the added expenses transferred to clients may soon render the system obsolete. But, it cautions, it will be clients, and not firms, that will try the hardest to kill it off.

What are the alternatives? Some firms have moved towards a scheme of fixed-prices, with added bonuses contingent on performance:

"High-volume legal matters, which rely on precedents and templates, are the most obvious targets for fixed fees. Set prices can be put on anything from commercial contracts to trademark filing and personal-injury work."

But, in other instances where the outcomes are more fickle, it may be more effective to blend fixed fees and hours worked. Another option is to take a segment of a settlement as a "bonus" and divvy it up within the firm.

How do you feel about killing off the billable hour? Please let us know in the comments below.

Source: The Economist

Lawdable Quotes: Charles de Montesquieu

"In the state of nature...all men are born equal, but they cannot continue in this equality. Society makes them lose it, and they recover it only by the protection of the law."

~ Charles de Montesquieu

Lawdable Quotes: Gaius Petronius

"What power has law where money only rules?"

~ Gaius Petronius

We're at War... Aren't We?

This week, the Federal District Court of Massachusetts was forced to make a controversial, and somewhat peculiar, decision; is the United States at war? Judge Richard Stearns has determined that the U.S. is not currently at war, but was between 2001 and 2004, a decision that will allow the federal government to pursue a fraud case against a group of Boston construction workers.

In May of 2006, the U.S. indicted several “Big Dig” workers on fraud charges. The workers filed a motion to dismiss, arguing that because the alleged crimes took place in 2001, the five year federal statute of limitations had kicked in. The government hit back with the seldom used Suspension Act, 18 U.S.C. § 3287, which defers the statute of limitations during war-time:

“When the United States is at war the running of any statute of limitations applicable to any offense (1) involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not . . . shall be suspended until three years after the termination of hostilities as proclaimed by the President or by a concurrent resolution of Congress.”

Practically speaking, it is clear that the conflicts in Iraq and Afghanistan satisfy the definition of war, and their classification as such would effectively extend the statute of limitations to allow the trial to go forward. But, Congress did not officially declare war for either conflict; it green-lighted both with resolutions Authorizing the Use of Military Force (AUMFs). The defendants contend that without an official declaration of war, the Suspension Act is null.

Judge Stearns, however, disagreed, finding that there is no language within the statute mandating that the war at issue be declared by Congress. The Act was written during World War II, originally intended to lend the D.O.J. some extra time to prosecute war-time fraud and sort through massive and complicated military contracts. In his decision, Stearns writes that the wars in Afghanistan and Iraq have created similar needs, and thus, the Suspension Clause stands. The defendants’ motion to dismiss was denied, and in case you were wondering, the U.S. was in fact at war the last couple years.

Source: The Wall Street Journal Law Blog

How to Download Free Music, Without (Definite) Legal Consequences

The New York Times gives lovers of free music the world over some insight into how they can pursue their passion legally. Where legal precedent exists, and regulations have been imposed, even a small volume of free downloads can be incriminating. The law, however, is slow to adapt to the rapid technological advances sweeping the internet music industry. As one veteran of the business explains, the legal regulation surrounding free music is a "swirling cesspool." But, if you pay attention to news from the courts, you can easily take advantage of the legal grey areas to enjoy your music, free of charge. Currently, fair use of copyrighted material, including music, allows consumers to copy songs for personal use only; this renders the copying of CDs into your iTunes or your Mp3 player perfectly legal. Many artists and companies also give away free music downloads. For instance, Starbucks will hand you a code for a free iTunes giveaway with your morning coffee. Another option is to take advantage of the Creative Commons, where artists can choose to share songs for specific purposes, ie, only for personal and not commercial use. Finally, a dubiously legal option that will probably keep users out of harms way is to record songs directly from internet radio sites. Legal experts disagree as to whether the practice is legal, giving consumers some cover for now. Some sites to check out are nuTsie and Pandora.

Source: The New York Times

State Bar of Wisconsin Selects Fastcase To Provide Free Legal Research Benefit

The State Bar of Wisconsin today announced that it will offer free, coast-to-coast legal research to all of its members as a member benefit. After a competitive selection process, the State Bar Fastcase to provide the benefit.

“The Fastcase service is just the first step the State Bar is taking in creating an integrated research solution for members,” said State Bar of Wisconsin Executive Director George Brown. “Fastcase is the foundation for a comprehensive service that eventually will include all State Bar materials. The Bar's goal is to create solutions that allow members to pinpoint topics based on common search terms from across all of the State Bar's numerous sources and present them in an easily usable format.”

In the new benefit, which is scheduled for launch November 1, 2008, members would visit the State Bar website, www.wisbar.org, and log in with their existing state bar username and password. The benefit includes law from Wisconsin and all 50 states, as well as federal law.

“Fastcase creates opportunities for members who currently don’t have access to online case research or are paying for more access than they regularly use,” says State Bar of Wisconsin Practice Management Advisor Nerino Petro. “For many users, Fastcase will be the only legal research tool they need. For others who need access to secondary materials such as treatises, specialized databases, or corporate records, Fastcase may allow them to reduce the scope of their current subscription. If members currently pay for nationwide coverage so they can link to cases outside of Wisconsin that are cited in Wisconsin materials, Fastcase will allow them to eliminate the nationwide coverage expense. Fastcase is an exciting member benefit that offers our members a great line-up of features and coverage at no additional cost.”

Fastcase launched in 1999 to democratize the law, building next-generation research tools and lowering prices for access. One way the company has increased access to the law is through an innovative arrangement with bar associations, which subscribe at volume discount prices and offer the research tool for free to their members. Fastcase has signed member benefit agreements with 12 state bar associations and numerous voluntary and metro bar associations, making the law free for almost 320,000 lawyers around the country.

As a June 30 Forbes article about Fastcase put it: “Disruption is in the air. . . . 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.”

“People assume that the law is already free online, but it’s just not true, and it is alarming how few lawyers have meaningful access to the law,” said Ed Walters, Fastcase’s CEO. “Fastcase’s sweet spot is working with state bar associations to make the law free to lawyers – so that cases get decided on the merits, and not by who can afford a larger research subscription.”

The Fastcase legal research system includes access to cases, statutes, regulations, court rules, and constitutions. Its digital library stretched end-to-end would literally wrap around the world, at 40,000 miles long, and growing.

The member benefit also includes transactional access to newspaper articles, public records searches, and legal forms, all integrated into the Fastcase website, making it one of the largest online law libraries in the world. Fastcase features specialized technology to bring the best cases to the top of the results list, as well as sorting technologies that let users customize their results for the kind of research they are doing.

“With the Fastcase member benefit, State Bar of Wisconsin members are getting one of the most innovative, patented search technologies, running on one of the most comprehensive law libraries in the world,” said Phil Rosenthal, President of Fastcase. “Lawyers in other states subscribe to Fastcase for $995 per year – already a great price compared to other premium legal research. We’re pleased, through this deal, to be able to bring our service to Wisconsin lawyers for free.”

Members of the State Bar of Wisconsin will find the Fastcase benefit by clicking the Fastcase logo on the State Bar website, www.wisbar.org after November 1, 2008.

Sites We Like: Frugal Law Student

Are you a law student trying to manage and mitigate the crushing loan debt you've taken upon your head? The Frugal Law Student has plenty of tips and advice on how to manage your personal finance while attending law school. The tips are relevant to any twenty something attending graduate school as well. One of our favorite articles articulates why every law student should blog. Check out the site and let us know how you like it in the comments!

Here are some other staff favorites:

12 Meals that are Easy, Cheap, and Healthy
7 Tips To Getting Things Done In Law School (And In Life!)
Everything I Need to Know About Personal Finance I Learned From Carlton Banks

Source: Frugal Law Student

High Tech Industries Target Aging Baby Boomers

Who says you can't stay tech savvy as you age? While older folks get a bad rap for their lack of technological know-how, companies are starting to tap into the needs of the Baby Boomers, a huge market for streamlined, easy to use devices and programs. Producers are hoping to take advantage of the generation's desire to age gracefully, creating cell phones with larger type, more intuitive computers and MP3 players, and gadgets that can assist older boomers with less mobility. Joseph Coughlin of the MIT AgeLab explains that the boomers are simultaneously looking "for technology to stay independent, engaged, well and vital," as well as a place to spend their money once the kids move out.

The Baby Boomers, having pioneered an American tradition of youthful rebellion and social revolution, will probably have a hard time leaving their glory days behind, and the tech industry is ready to step in to help them stay relevant and tuned in to current trends. Apple products have done well with older generations; simplicity of design and programming seem to appeal the Boomers. Other devices, while nicely styled and still appealing to the young, are adding features that can help consumers adapt as they age. Some cars now include extra large door handles, as well as a plethora of accident prevention technologies, which have cross-generational allure but can particularly rope in the elderly.

Another product with great Boomer potential is the cell phone. The cell phone has practically become a necessity in modern America, and Baby Boomers have generally embraced the technology. But, as phones continue to get smaller and more intricate, aging Americans will have a more difficult time using them. Samsung's Jitterbug cell phone hopes to alleviate this potential problem. The Jitterbug is a small fliphone, but includes large buttons and the ability to speak numbers to an operator, without having to type. Other phones are upping the volume and the voice quality for those who are hard of hearing.

And of course, there are some goofy gadgets aimed just at seniors to assist with everyday tasks, including the automatic pill dispenser, and the household "robots" which can vacuum or clean out the gutter. But after the "I've fallen and I can't get up!" commercials of the 1990s, these contraptions can hardly be surprising. We are sure to see many more ingenious, and somewhat harebrained, devices targeting the elderly in the coming decades.

Source: The New York Times

Sites We Like: The Big Picture

Big Ben, above the Houses of Parliament. (© Jason Hawkes)

The city of London, at night, featuring the financial district, NatWest Tower, and the River Thames. (© Jason Hawkes)

Boston Globe's Big Picture Blog posts high resolution photos of items of interest. This site has quickly become a staff favorite here at Fastcase for unique high definition look at current events. Viewing low resolution images attached to news articles seems antiquated in comparison. This photo blog is run by Alan Taylor, a Boston Globe web developer, who culls these images and others from wire services. A current favorite of mine features stylish photos of London at night. Check out these photos (and others) in ultra high resolution at Boston's Big Picture Blog.

Source: Boston Globe's Big Picture

Google Launches a Browser ... Check Out Chrome (In Beta)

Google's latest projected has been outed by the blogosphere 24 hours before their scheduled release. Google Chrome, (www.google.com/chrome) will be launching tomorrow as a beta for windows machines. In their blog reaction to being exposed they list Mac and Linux versions being available soon.

Here are some quick hit details about the browser:

• Based on open source code (with code taken from Safari and Mozilla's webkits)
• Will feature a brand new virtual machine dubbed V8
• Tabs above the address bar
• Incognito Privacy Function (Similar to the just announced in private mode in IE8)

If you download the beta today, let us know how you like it in the comments. We'll be posting our reaction to using it tomorrow after downloading the beta.

Browser Download Link: Google's Chrome Browser (Beta)

Update: Check out some advanced screen captures here or view Google's comic explaining Chrome's features here.

Source: Google Blogscoped

Courtroom Victory for Veoh, and for YouTube, Perhaps...

A federal judge in California has dismissed a suit against the video sharing website Veoh, which was brought by IO Group adult entertainment for copyright infringement. According to the IO Group, some of its copyright protected videos were uploaded to Veoh without its permission. IO Group alleges that Veoh's negligence is in violation of the Digital Millenium Copyright Act (DMCA). Judge Howard Lloyd disagreed, however, finding that Veoh has taken "great pains" to comply with copyright laws and the DMCA:

"Far from encouraging copyright infringement, Veoh has a strong DMCA policy, takes active steps to limit incidents of infringement on its website and works diligently to keep unauthorized works off its site."

Lloyd's decision is not only a triumph for Veoh, but for other websites offering public content as well, notably, YouTube. Google, which is currently fighting a legal battle with Viacom over videos uploaded to YouTube, quickly praised Judge Lloyd's decision. While legal experts acknowledge that the outcome of the Veoh suit may influence the YouTube case, analysts caution that it is not binding legal precedent, as the upcoming suit will be argued in New York's federal district. Nevertheless, Lloyd's interpretation, finding that it is practically impossible to eliminate all online infringement, has raised the spirits of video-sharing sites the web over.

Source: New York Times Bits