Recording Industry Abandons Suing Policy for Pirating Songs

The U.S. recording industry has abandoned its policy of suing people for sharing songs protected by copyright and will work with Internet service providers to cut abusers' access if they ignore repeated warnings. However, the industry will move ahead with existing cases.

Because of high legal costs for defenders, most hit with lawsuits settled, on average for around $3,500. The lawsuits were getting expensive for the association as well, as the legal costs exceeded the settlement money being brought in.

The Association credited the lawsuit campaign with raising awareness of piracy and keeping the number of illegal file-sharers in check while the legal market for digital music took off.
The decision to press on with existing cases drew the ire of Harvard Law professor Charles Nesson, who is defending a Boston University graduate student targeted in one of the music industry's lawsuits.

"If it's a bad idea, it's a bad idea," said Nesson. He is challenging the constitutionality of the suits. Nesson's client, Joel Tenenbaum, faces the possibility of more than $1 million in damages for allegedly downloading seven songs illegally, which Nesson called "cruel and unusual punishment." The case is set to go to trial in district court in Massachusetts on Jan. 22.

This move ends a controversial program that saw the Recording Industry Association of America sue 35,000 people since 2003 for swapping songs online.

Source: The First Amendment Center

Blagojevich Appoints Burris to U.S. Senate - now what?

Yesterday Rod Blagojevich (the latest Illinois governor to be arrested) defied the popular conception that nothing happens in politics between Christmas and New Years – he appointed former Illinois Attorney General Ronald Burris to Barack Obama’s vacant Senate seat.  It came as a pretty big surprise, especially after last week’s prediction by Blago’s attorney, Ed Gensen, that the appointment would not be made.

Senate Democrats have threatened to refuse to seat Burris on the basis that no one appointed by Blago can effectively represent the people of Illinois.  The Illinois Secretary of State, Jesse White, says he’s not going to certify the appointment, however, the state charter holds that certification is his duty.  So – what would happen if Burris shows up next week?  According to Senate Associate Historian Donald A. Ritchie, there is no precedent here.  Enter the U.S. Constitution.

Senate Democrats say they’d make use of Article I, Section 5 which says Congress may determine whom they seat – based on members’ qualifications.  However, 1969 Supreme Court ruled that when judging “qualifications,” Congress is limited to age, citizenship, and residency.  Of course, this case involved an elected representative where Burris, of course, was appointed.

According to a good article on fivethirtyeight.com, Senate Democrats have two options under the Constitution:

1)      Exclude Burris from the Senate with a majority vote (this would trigger Powell).

2)      Expel Burris after seating him (requires a two-thirds vote) and the court would likely not take any case on Political Question grounds.

For now, most predictions look to be that Harry Reed and the Democrats will unsuccessfully attempt to exclude Burris.

Source: Washington Times, Huffington Post

Crimes Yield to DNA Samples

Michigan's Governor, Jennifer Granholm, signed a law this week requiring anyone arrested of certain crimes to provide DNA samples; the law covers arrests for murder, criminal sexual conduct, kidnapping, robbery and other crimes. Previous Michigan laws only required DNA samples after arrested persons were convicted of certain felonies. 

With the new law in place, local police departments say the new law will help them solve past crimes.

The downside is that the process can take a few months, depending on the DNA being sampled."We always take finger prints to ID people...and say in a few minutes this is person A or person B, but with DNA it takes a lot longer," Detective Trooper Bob Dunham of the Michigan State Police stated.

Just a few months ago, this law helped deliver a conviction in the 1997 Flint, Michigan murder case of a 14 year old girl, Shayla Rose. DNA evidence in Rose's sock was tied to James Carrodine, recently convicted of felony murder and criminal sexual conduct, according to the Flint Journal.

The new law takes effect January 1, 2009.

Source: ConnectMidMichigan.com

Economy Freezes the Legal World

Two of the country's largest and most successful law firms have announced that they will freeze the wages of their associates in the coming year signaling that no profession can escape the dangers of the recession. After already having to layoff nearly 80 employees, Orrick, Herrington & Sutcliffe decided to follow suit and not raise any wages after Latham & Watkins made a similar statement just a week before Christmas. Each firm, with over 1,000 lawyers on staff and a global following, is still on the safer side when it comes to cutbacks despite these early measures. Analysts say these two will not have to worry about losing associates to better offers as most, if not all, firms will eventually be forced to take the same or more drastic measures.

These developments may come as quite a shock especially when considering reports that came out in swarms as recently as 2007 regarding the seemingly unstoppable rise in first-year associates' salaries. A number of sources reported on the amount of competition between firms to offer the best benefits in order to grab top graduates. AdmissionsConsultants, an advisory group dedicated to helping students find and get into law schools, noted in both February and September of 2007 the incredible pay being offered to first-years across the country. Of course, these fantastic salaries came with the daunting, and also rising, law school debt.

Less than two years later associates are faced with frozen and even declining salaries but there are no signs of a decrease in tuition yet. Many say that this is the economy for continuing education but it looks like law school might not be the right choice for right now. For those who are looking at law school in the coming year, cross your fingers that the while you spend your next three years studying, the economy puts itself to work. 

Source: Law.com

ISBA Webinars: FREE Training on Fastcase - Earn FREE MCLE/PMCLE

Sign up for this FREE Fastcase training webinar to learn how to conduct FREE legal research on Fastcase's database, with unlimited access to a 50 state and federal caselaw library including IL statutes and IL-based federal district court cases!

Conducting Legal Research on Fastcase

Presented by Fastcase, the Illinois State Bar Association and the ISBA Mutual Insurance Company

Earn .75 hour MCLE credit, including .75 hour of approved Professional Responsibility MCLE credit

All Times Central: 

Thursday, January 8^th    

Noon - 1:00 p.m. 

https://www1.gotomeeting.com/register/913594284

Thursday, February 5^th   

Noon - 1:00 p.m. 

https://www1.gotomeeting.com/register/667835449

Thursday, March 5^th   

Noon - 1:00 p.m.

https://www1.gotomeeting.com/register/406240916

Thursday, April 2^nd    

Noon - 1:00 p.m.

https://www1.gotomeeting.com/register/675120192

Thursday, May 7^th   

Noon - 1:00 p.m.

https://www1.gotomeeting.com/register/725751470

Thursday, June 4^th   

Noon - 1:00 p.m.

https://www1.gotomeeting.com/register/243556910

Are you taking advantage of the ISBA's premiere member benefit for lawyers - FREE ONLINE LEGAL RESEARCH through Fastcase, a value of $95 a month or $995 a year?*

Participate in this course from your home or office and learn about the ISBA’s member benefit with Fastcase. This presentation will include information about conducting legal research with Fastcase's database; there will be a question and answer period at the end of the program.

To participate, please choose a Webinar date from those listed above and click on the corresponding link to register. On the day of the program, log on to the Web site, join the conference call or listen online and enjoy the presentation.

If you would like more information about the program, please contact Fastcase at 1-866-773-2782 or support @ fastcase [dot] com.

Cartoons Catapult into the 21st Century

Less waste, fewer ink prints and easier access could be the result of the disappearance of print newspapers as the morning’s most important stories become increasingly available on our laptops, cell phones, PDAs and more. Although these developments benefit the planet and those who prefer a handheld device to a thick stack of papers hardly suited for a briefcase, there remains the question of what will happen to the charm of reading that Sunday morning paper over a cup of coffee. Unfortunately it’s not just the charm that could be lost but also the livelihood of some of prints most infamous contributors; cartoonists.

A poor economy and increasing environmental awareness threatens the existence of a newspaper in print and a cartoonist’s opportunity to circulate their work. It would not be impossible to put cartoons online and it certainly has been done but the artists believe something is lost when the cartoon comes off the page and appears solely on screen. On the contrary, some believe a cartoonist will thrive on this change giving them the opportunity to capitalize on their trade by creating short animated segments, giving their characters life and a voice of their own, not to mention commercial opportunities as well. From the more well-known cartoons we are aware that it is possible for a cartoon to become quite a phenomenon (ie. Charlie Brown, Garfield) and sell more than just strips.

But many cartoonists contend that money and fame is not what they're searching for. It's the mere joy of reading a cartoon strip and appreciating the artistry and sense of humor that went into its creation. For a cartoonist, reading one of their strips online is like viewing a photo of the Mona Lisa; still beautiful, just not exactly what you were looking for. The battle to stay in print is long from over but the preparation for online and iPhone accessible cartoons is already in motion. Whether or not newspapers stay in print for decades to come, it looks like cartoons will be available at your fingertips from now on.

Source: New York Times

C-SPAN Video: Technology & Human Rights

Michael Samway, Yahoo!, V.P & Deputy General Counsel, discusses the Global Network Initiative , a joint effort between technology and human rights organizations to protect free speech and privacy for those in restrictive governments. Julian Sanchez, Washington Editor of Ars Technica , is guest host. 

Tech Advice from Mother Nature herself

Apple has already announced they will not be present at MacWorld 2010 which leaves many wondering where the next big idea will come from. The Washington Post is reporting that the latest in technology is not necessarily appearing in the form of computers and you might be surprised where they're finding it. Biomimicry is the study of nature's patterns followed by the the emulate of these processes to provide more successful and efficient products. Scientists have been working to improve this technology in the hopes that it could be the answer to all of the world's problems, both big and small. Whether it is a whale inspiring the improvement of wind turbines or windows that wash themselves based off the reaction of a lotus leaf to water, companies on the forefront of biomimicry technology such as the Zero Emissions Research and Initiatives Foundation are making the most of what nature provides.

Those involved in the research believe that for years scientists have been moving in the wrong direction when it comes to working with the planet we live on. Those in favor of biomimicry are opposed to the genetic tweaking that has been the practice for the last decade and instead focus on the genius of nature on its own. While the practice is complex and requires a good amount of research in addition to innovative design, the thought process is quite simple; if nature has been around longer than any cars, buildings or even humans, it must be doing something right.

Source: Washington Post

Google's Eric Schmidt on policy priorities for 2009 (Youtube Video)

Eric Schmidt  speaks at the Ronald Reagan and International Trade Center on November 18, 2008 in Washington, D.C. about technology, economic growth and open government.


Source: Google's Youtube Channel 

Lawdable Quotes: William Pitt

"Where law ends, tyranny begins."

-William Pitt

Join the Fastcase Newsletter!

Sign up, and you can have Fastcase updates and legal news delivered weekly right to your email! The Fastcase newsletter is a great way to stay in the know about new features, upcoming Fastcase webinars and news in the fields of technology and law.

Sign Up Today!

First Name
Last Name
Email
Phone
Street
Street 2
City
State	Select One... Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware D.C. Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Other
Zip
Country	United StatesAfghanistanAlbaniaAlgeriaAndorraAngolaAntigua and BarbudaArgentinaArmeniaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBhutanBoliviaBosnia and HerzegovinaBotswanaBrazilBruneiBulgariaBurkina FasoBurundiCambodiaCameroonCanadaCape VerdeCentral African RepublicChadChileChinaColombiaComorosCongoCongDemocratic Republic of theCosta RicaCroatiaCubaCyprusCzech RepublicIvory CoastDenmarkDjiboutiDominicaDominican RepublicEast TimorEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEthiopiaFijiFinlandFranceGabonGambiTheGeorgiaGermanyGhanaGreeceGrenadaGuatemalaGuineaGuinea-BissauGuyanaHaitiHondurasHungaryIcelandIndiaIndonesiaIranIraqIrelandIsraelItalyJamaicaJapanJordanKazakhstanKenyaKiribatiKoreNorthKoreSouthKuwaitKyrgyzstanLaosLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacedoniFormer Yugoslav Republic ofMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMauritaniaMauritiusMexicoMicronesiFederated States ofMoldovaMonacoMongoliaMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew ZealandNicaraguaNigerNigeriaNorwayOmanPakistanPalauPanamaPapua New GuineaParaguayPeruPhilippinesPolandPortugalQatarRomaniaRussiaRwandaSaint Kitts and NevisSaint LuciaSaint Vincent and The GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbia and MontenegroSeychellesSierra LeoneSingaporeSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSpainSri LankaSudanSurinameSwazilandSwedenSwitzerlandSyriaTaiwanTajikistanTanzaniaThailandTogoTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTuvaluUgandaUkraineUnited Arab EmiratesUnited KingdomUruguayUzbekistanVanuatuVatican CityVenezuelaVietnamWestern SaharaYemenZambiaZimbabwe

Lawdable Quotes: Albert Einstein

Our defense is not in our armaments, nor in science, nor in going underground. Our defense is in law and order.

~ Albert Einstein

Lawdable Quotes: Nadia Boulanger

"The Constitution of the United States is not a mere lawyers' document; it is a vehicle of life, and its spirit is always the spirit of the age."

-Nadia Boulanger

Medvedev's Year In Review News Conference (Russia Today Video)

Online Office Software Suites

Google Docs (Free) :

Google offers a limited office suite that includes, documents, spreadsheets and presentations.  You can take a tour or watch an online demo of the service.




Zoho: (Mostly Free)

The most comprehensive set of online tools that an individual or small business could use for their operations.  Zoho includes documents, spreadsheets, wiki, email and invoicing services among many other collaborative functions.  Watch an embedded presentation of Zoho's basic service below.



These two office suites are our favorite free online systems here at Fastcase .  Do you use either Google Docs or Zoho? Leave a comment on how you like either office suite or your recommendation for another one.

TwitterDee, TwitterDumb

The National Law Journal is warning users of the latest blogging craze, Twitter, due to its potentially incriminating nature. Twitter, a service that allows for the posting of short messages about what you’re up to, has become the latest in communication. Less invasive and more to the point than Facebook or MySpace, Twitter has created quite a following ranging from University of Chicago Law students and faculty to President-elect Obama. Unfortunately, despite its short and informal nature, legal experts say it has just as much power as an email or letter. Concern is rising that the use of this application could lead to major problems particularly in the corporate world as people forget that every word counts when it’s on the Internet.

Investigators of the effects of communications technology say that often times the shorter the message, the worse its consequence. With your audience unable to decipher a tone or interpret your purpose, implications can run rampant leading to allegations of libel, defamation, exposing sensitive information and more. With only 140 words available and misinterpretation the biggest problem arising from the Twitter trend, there doesn’t seem to be an easy solution to this problem of the future. If you’re wondering how to avoid any "tweet" mishaps yourself, take a look at this checklist for Twitter etiquette and remember, if it’s tied to your name, you had better be prepared to defend it.

Source: Law.com

Have a Twitter account?  Follow Fastcase at www.twitter.com/fastcase

Drunk Driving at Your Child's Discretion

Christmas came a few days early for a young New Jersey woman who was vindicated this week after questions regarding a police report made over three years ago were finally settled. Her call to police, made in 2005 to report her father’s drunk driving, was proclaimed sufficient evidence for stopping a vehicle. On the night of the incident, the then 17-year-old, spoke with authorities twice, first to report a domestic disturbance followed by the allegation that her father had left their home and was operating a vehicle under the influence. What ensued was three years worth of trials, appeals and disputes.

Though his initial challenge to his drunk driving charge was ignored, Paul Amelio emerged victorious from appeals court as judges determined that his teenage daughter was unreliable when it came to recognizing drunken behavior. What could have been an open and shut case was made more complex due to Mr. Amelio’s refusal to take a breathalyzer. With the court having no concrete evidence of Amelio’s alleged drunken behavior, they were forced to determine the case based on the discretion of a 17-year-old girl.

When the case arrived at the New Jersey Supreme Court this fall, justices determined after hearing arguments that pop culture along with long established legal procedure played a large role in determining the outcome. In their decision, justices note that the signs of drunken behavior have become common knowledge and would not be unrecognizable to a teenager simply because they are not of age. In addition, the mere self-identification of the teen to authorities meant she submit herself to the liability that comes with reporting illegal behavior. If authorities had determined that she had falsified the reports, she would be held accountable for these actions. Now that the evidence has been deemed valid, Amelio will finally be headed to court for his sentencing.

Source: Law.com

Lawdable Quotes: Aristotle

Whereas the law is passionless, passion must ever sway the heart of man.

~ Aristotle

Getting Extreme to Get Green

It’s not just Americans who are suffering from the poor economy this year, people all over the world are having trouble in these hard times and some are going to extremes just to get by. Recently, a Belgian couple who determined they did not have enough money to support another child sold their newborn to a Dutch couple who had responded to an online ad. The exchange, discovered in late November, has authorities puzzled over what to do with the child. At the moment it appears the baby will be delivered into the hands of a foster home with no ties to either family involved in the transaction.

The baby was taken into custody just this week and the biological parents face a number of charges. Not only was the sale of their child a violation of adoption laws across the globe, but they also registered the baby under the adoptive parents’ name in the hopes of hiding their drastic money saving tactic. In spite of the stagnant economy, Belgian authorities are unforgiving when it comes to this family’s mistake. It looks like the five to ten thousand dollars the couple received for their child was probably not worth the years of trouble it's going to cause them.

Source: BBC

Lawdable Quotes: Louis D. Brandeis

Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.

~ Louis D. Brandeis

   This quote is  part of his dissent in the case "Olmstead v. United States", 277 U.S. 438 (1928)  ... Fastcase Subscription Required

Russia Today Video: (Russian) President to extend terms of office

View the Russian Constituion here.

Do you think the Russian Duma should have passed this amendement? We encourage our readers to comment on this issue through Disqus below.  No registration is required. 

Source: Russia Today

Pardon Revoked

President Bush has revoked his presidential pardon of Isaac Robert Toussie.  The pardon was reversed after the administration learned that Toussie's father had contributed the maximum amount allowed to the Republican National Party in 2008.  This appears to be the first time a Presidential pardon has ever been offered and then withdrawn.

For more on the story, check out Bloomberg's  article.

Source: Bloomberg

Beauty Queen Arrested in Gun-filled Truck

Source: The Associated Press

Clemens' Trainer Reserves Right to $10 Million in Damages

Brian McNamee, Roger Clemens’ personal trainer is covering his bases – he filed a summons in Queens Supreme Court last week preserving his right to sue Clemens if Clemens’ defamation suit against McNamee suit against Clemens goes forward.  In January, Clemens sued McNamee following McNamee’s statements about Clemens’ steroid use which appeared in the Mitchell Report.   The MLB reports that McNamee would seek $10 million in damages.

McNamee’s attorneys already made the argument that McNamee is immune from a defamation action because he made the statements about Clemens under the threat of prosecution.  And, while almost everyone agrees that the law is clear here, no judge has yet dismissed Clemens’ case.   

Source: ESPN News

Lawdable Quotes: Henry Ward Beecher

Laws are not masters but servants, and he rules them who obeys them.

~ Henry Ward Beecher

Legal Work Costing Too Much? Give India a Shot

First it hit the customer service and IT departments across the United States and now it’s moving to the legal world as well. The law is being outsourced and it’s headed straight for India. Companies, suffering from the drooping economy just like all Americans, are trying to save, without the skimp, particularly when it comes to legal work. That’s why a number of Fortune 500s started to explore once they realized that when it comes to the law, India isn’t all that different from the US. It might be halfway around the globe and have a different official language, but English is the primary language used for commercial purposes and the legal system is surprisingly similar to our very own. Based on a common law system and producing comparable numbers of lawyers, 80,000 per year to be exact, American businessmen and women have recognized the potential of the world’s second largest country for quality legal work at a much lower price tag.

In spite of our many similarities, there are bound to be crucial differences that cannot be ignored. One critical example is the format of legal education in India. While some spend three years after college studying law, others can obtain a degree after five years right out of high school. Additionally, India has not created anything similar to a bar exam with which to test the legal expertise of their recently graduated lawyers. In the absence of a similar exam, legal outsourcing companies test employees themselves to ensure they are hiring only the best of the best. Snagging a spot at one of these firms has become increasingly competitive due to the incentives of stock options and superior benefits with up to 200 new lawyers often competing for only 5 spots. Companies across the US have taken this amount of competition and the dedication of outsourcing firms to keeping procedures fast and efficient to mean they are truly getting their money’s worth when they send work abroad.

While only about 50 of the Fortune 500’s companies have chosen to move legal work abroad, the names of those companies, Microsoft and GE just to name a few, should be enough to convince a few more businesses to try out the new craze. While outsourcing can be a touchy subject, particularly in these hard times, American lawyers can breathe a sigh of relief as the subtle differences in the two legal systems mean more complex issues can still really only be trusted to US firms and even low-level work is in need of a good once-over to rule out any errors. With bailouts becoming more frequent and other companies witnessing loses like they’ve never seen before, the roughly 80% that companies have been saving to outsource legal work is considered worth the criticism for not keeping processes within the States.

The experience of outsourcing has varied quite a bit with some companies swearing by its efficiency and quality and others switching back after a not-so-fantastic first try. While it will take years for the business sector as a whole to decide if it's the right move, one thing's for sure, more companies will be moving in before they're moving out.

Source: Law.com

YouTube Loses Rights to Warner Music

YouTube faces a game-changing loss this week as Warner Music has suspended its collaboration with the Internet giant forgoing further negotiations for the pair’s contract. Warner had become dissatisfied with the compensation it was receiving from YouTube for the licensing rights it granted the site to play music videos along with allowing its users to include their songs in individual postings. Although the label had originally agreed to accept the portion of advertising revenues and price per play that YouTube offered, they recently decided this amount was not nearly enough to cover payment for their artists and demanded an increase.

YouTube made no efforts to improve the deal with Warner considering the similar contracts it has with other music labels such as Sony and Universal. YouTube is not so much concerned that losing Warner will hurt its business but more so that other groups will now question the adequacy of their compensation as well. The video posting site left a statement on its blog as an explanation for its users that could also be interpreted as a cry for help. Letting users know that they are only trying to be fair and are following the wishes of music companies, YouTube might be looking for their followers to complain to the powers that be. Music groups should also beware that if they decide to seek legal action in the future, the courts will most likely rule in favor of YouTube.

One can imagine this turning into a case similar to that of Tiffany v. EBay, settled this July after years of battle. Tiffany & Co. insisted that EBay was violating its duties as an auction house by not regularly searching items listed for those that infringe on a company’s trademark. The court finally ruled in favor of EBay stating, “it is the trademark owner’s burden to police its mark.” As long as YouTube removes all official music videos under the Warner label, should a user continue to post videos that contain some of the group’s music, it is the problem of Warner alone to have the user remove it. The issue of music licensing has faced a number of challenges throughout the decade and it will be interesting to see how this one plays out.

Source: BBC, CNET News

Good Samaritans Beware

The California Supreme Court ruled this week that in some instances it's better to be part of the audience than part of the action. The justices determined in the narrowest margin  that people must be more aware of their actions even when they believe it to be an emergency situation. A health and safety code passed nearly 30 years ago will now have a number of limitations placed on it which makes so-called Good Samaritans liable for any additional injuries they cause, unless they are assisting in an emergency situation. The most surprising part of the decision is what is to be considered an emergency. According to the high court, if you break a rib while providing CPR, you're covered; break a rib while pulling someone from a burning building, forget it. This interpretation of an emergency came as a surprise to some considering lives are clearly endangered in both situations. Also, it appears that personal discretion will not be taken into account when determining what qualifies as an emergency considering this is the question that got this case on the docket.

California resident, Lisa Torti, pulled her friend, Alexandra Van Horn, out of a car she believed was going to explode following an accident. Van Horn was left paralyzed and sued Torti for negligence claiming that she did not need the assistance provided and would not be in the condition she is today if it was not for Torti. The court agreed with Van Horn and decided that in addition to the fact that it was not an emergency, Torti did not use reasonable care when removing her from the car. The court expects that following their decision, citizens of California will not be discouraged from helping but rather will be more cautious when lending a hand.

Although the majority of the court was aiming to ensure that Good Samaritans are still careful when playing the role of hero, other justices and experienced legal advisors disagree. Some are concerned that the new limitations will keep people from stopping to help if they consider the possibility that it could land them in court. The average person may have trouble determining what the reasonableness standard would be when attempting to help someone in danger and even more so when they are distracted by the chaos of what they have deemed an emergency. 

Source: Law.com

Google Steps Up Their Game For iPhone Searches

Google has been steadily improving the way search results are rendered on the iPhone.  Last month, Google said it was making changes to speed up processing for search results and change the way they are rendered on an iPhone. This is great news for 13 million iPhone users. 

Results are now formatted to be displayed on the screen, so you don't have to zoom or scroll from left to right, except with the most challenging Web applications.

The new results page will appear when you use the default Google search box in the Safari browser, according to Search Engine Watch. These speedier new results are currently available in U.S. English for Android, and for iPhone and iPod touch devices with firmware 2.x. Google added this capability for Android devices, so users can search results page via the search widget on the Android home page, or also through Google.com. 

Because Google has a lot of competition from Apple, RIM, Nokia

Symbian and Windows Mobile, 2009 will surely generate a competition for crisp and faultless innovations for the phones' capabilities.

Source: Googlewatch 

No Evictions in NYC For The Holidays!

Those tenants struggling to make ends meet can take a deep breath – the “Eviction Moratorium” has begun in New York City.  Each year, around Christmas, the NYC Marshals (who enforce evictions in the city) take a two week vacation, and evictions cease.  The origin of the traditional Christmas break is unknown.  Judge Jaya Madhavan, a Bronx Houseing Court Judge, calls it “one of those myths that take on the force of law.”

However, this informal policy has been found unconstitutional in other cities.  For example, in Milwaukee, the ACLU sued the Milwaukee County Circuit Court to abandon the policy saying, “No similar rules prevent the eviction of Muslin tenants during Ramadan or Jewish tenants during Passover.”  The 2008 moratorium in NYC began on Sunday.

Source: NY Times  

China Attacks Internet Bullies

After the earthquake was over, the horrible pollution had already been exposed and the Olympic games came to an end, China had reason to hope that all eyes would be off of them. Unfortunately for them, when it comes to Internet regulation, the world cannot help but notice what the country has been up to lately. During the games in August, the Chinese government lifted the ban on many websites that had been forbidden for years in order to give visiting journalists access to various sources they might need. As a consequence of being the home for the 2008 Games, China had to promise to improve their human rights conditions including access to the international media. This move at the end of summer to decrease censorship made it seem that China would follow through with their promise, but on the contrary, the government is now putting those blocks back on to sites they deem inappropriate for its citizens.

In spite of the heavy criticism for China's overly censored republic, one of their latest measures could be the answer to a problem found right here in the United States. Lately the government has grown concerned over the "human flesh search engine" whereby a number of blogs and search engines are compiled to find out personal information about someone including their full name, address, phone number, family members and more. This system has become increasingly popular as citizens of China have started to censor the material their own countrymen put on the internet by stalking and threatening them. In response to the dangerous behavior, a Chinese court ruled this week that personal information may not be posted on any sites and fined those involved in the case. A number of Chinese have been negatively affected in  by these searches already and are accepting of the courts opinion. 

While Americans tend to cringe at the thought of censorship, particularly when it is placed on our internet capabilities, a number of incidents over the past few years make a valid argument for China's new rules. With the expansion of social networks such as MySpace, LinkedIn, Facebook and more, it has become all too easy to post personal, inappropriate and even dangerous material concerning just about anyone. Perhaps disallowing this type of information  could have protected some who have fallen prey to the dangers of the internet, a goal that the Chinese have certainly laid out for themselves. 

Give us your thoughts on just how far you think the Internet should be able to go and if China had the right idea in our comments section. 

Source: New York Times, Los Angeles Times

Massachusetts Scrambles to Implement Question 2

After Question 2 passed on the Massachusetts ballot this November, decriminalizing the possession of small amounts of marijuana, the administration was already concerned. Though they strongly disagreed with lessening the punishment for possession of one ounce or less of the drug, the people of Massachusetts overwhelmingly voted for the new $100 civil fine that would come along with the infraction instead. As if it wasn't bad enough for the State when the proposition has passed, now their government is faced with the complications of enforcing the new law.

Unfortunately for Massachusetts, their civil code declares that offenses of this nature do not warrant the display of identification meaning perpetrators will not only get away without a criminal record, but they might just get off without any consequences at all. Police are already expressing concern over the difficulty of enforcing such a measure when people have no obligations to reveal who they are and the substance cannot be collected for testing. The executive director of the Massachusetts Chiefs of Police Association, Wayne Sampson, even went as far to say that he believes the people of Massachusetts have sufficiently legalized marijuana possession. 

Advocates of the proposition insist that the process of implementation is not nearly as bad as it seems. Groups such as the Committee for a Sensible Marijuana Policy are encouraging government officials to look into other states with similar provisions such as Nebraska and New York who have had no difficulties thus far. With over $1 million spent in promoting the new provision, it's doubtful that the Committee will let Massachusetts back away from this one but it will take quite a bit more maneuvering before it is ready to be law. 

Source: New York Times, The Boston Globe

United Airlines Accused Of Overserving Husband, Causing Him To Hit Wife

Can you get drunk on a flight and then sue the airline for supplying you alcohol? 

A husband and wife are suing United Airlines for "negligently" overserving alcohol during a flight from Osaka, Japan, to San Francisco, stating the carrier's drinks fueled domestic violence involving the couple shortly after their plane landed.

At issue is whether laws that hold bars and restaurants responsible for harm caused by intoxicated patrons apply when the bartender and drinker are mid-flight, across international territory.

Shimamoto was arrested, accused of disorderly conduct and battery after he struck his wife, Ayisha, six times, injuring her face and upper lip as they were heading through U.S. Customs in San Francisco. 

Yoichi Shimamoto alleges being supplied wine at 20-minute intervals by United crew members during the couple's December 2006 trip to the point where he could no longer mamage himself.

"United's first defense will be there's no tort action like this in international airspace," said James Speta, professor at Northwestern University Law School.

Under the Dram Shop Act, which is in place in California, Florida and most states, commercial suppliers of alcohol may be held liable for injuries caused by intoxicated patrons, such as those Ayisha Shimamoto suffered. The threat of such lawsuits has prompted many bars to adopt a policy of not serving anyone who is visibly impaired.

According to legal experts, Ayisha Shimamoto's claim that she was harmed as a result of the carrier's negligence -one element of the couple's complaint - would be a likely slam-dunk if United's conduct in question had taken place in a bar. But, because United's alleged over-serving occurred on an airplane crossing the Pacific Ocean, a legal no-man's land, it may be subject to protocols spelled out under the Warsaw Convention, said Bruce Ottley, professor at DePaul College of Law.

Source: The Chicago Tribune 

Lawdable Quotes: Rene Descartes

A state is better governed which has few laws, and those laws strictly observed.

      ~ Rene Descartes

Land v. Oil, the Lawsuit to Save Utah's Parks

Environmental groups this week are furthering actions to prohibit the Bush administration from carrying out one of it final initiatives while still in office. Suit was filed on behalf of a number of these groups in the hopes of slowing, and eventually preventing, the Bureau of Land Management's auction of lands located in what many know to be some of Utah's most beautiful and sacred locations. The BLM stand by their right to auction the land due to its public nature and lack of protection under the Wilderness Act. Advocates for the Natural Resources Defense Council on the other hand believe just the opposite considering it the duty of the BLM to protect all public lands from what they deem to be unnecessary destruction. The debate will all come down to one simple question when it reaches the courts; which side is truly championing the rights of the public good? Unfortunately, with fluctuating gas prices and scenic landscapes regularly falling prey to development, the question might not be so simple after-all.

The BLM along with the rest of the Bush administration hold that allowing companies to drill in this remarkably untapped land will provide opportunities for releasing dependence on foreign oil. Of prime importance to the federal government is ensuring that the United States move as far away from foreign dependency as quickly as possible, but conservation groups have somewhat of a different goal in mind. Most environmental and energy conservation groups are more concerned over the American dependency on oil in general and stress the importance of making alternative energy sources readily available. In addition to their work with the energy crisis, groups such as the Nine Mile Canyon Coalition are distraught over the possibility that this historic land, containing not just beautiful scenery but also early Native American artwork, may be sacrificed in the name of oil. 

It remains to be seen what the courts will decide in this manner but it most likely will not be settled until after President Bush leaves office in January. President-elect Obama and members of his cabinet have yet to comment on their position on this particular issue. 

Source: MSNBC

Lawdable Quotes:Heraclitus of Ephesus

The people should fight for the law as for their city wall.

   

   ~ Heraclitus of Ephesus

"I Believe" Plates Not Legal

Although the General Assembly passed a bill in June allowing the S.C. Department of Motor Vehicles to create a license plate with an emblem of a cross on it and the words “I Believe,”  the state wound up in a court battle centered on separation of church and state.

The battle began when Washington, D.C.-based 'Americans United for Separation of Church and State' (AU) sued the state in U.S. District Court. AU claimed the state-sanctioned plate unconstitutionally endorsed one religion over another.

On Dec. 11, a federal judge issued a temporary order blocking the DMV from distributing, producing and marketing the “I Believe” plates. 

Both sides said they were debating the right to free speech. The establishment clause of the First Amendment is generally interpreted as prohibiting preferential treatment of one religion over others by the government.

While the AU attorney Ayesha Khan said her clients wanted to keep the Legislature from injecting its voice into the religious arena, DMV lawyer Kevin Hall of the Columbia firm Nelson Mullins said the “I Believe” plate promotes speech and should be protected under the First Amendment.

U.S. District Court Judge Cameron McGowan Currie stated in her ruling that the balance of constitutionality tips decidedly in favor of the plaintiffs and granted an injunction, ordering the DMV to immediately stop advertising and marketing the license plates, refrain from distributing them and communicate the news to 400 people who have ordered them.

“I am extremely disappointed in the court’s ruling and feel the ‘I Believe’ license tag is completely constitutional,” Attorney General Henry McMaster said.

Source: Free Times

The ABA's Top Ten Tips for Operating Your Law Firm in a Recession

One of the great things that could come out of this recession is the increased efficiency that businesses (including law firms!) must achieve to survive in the market.   Here comes a summary of the ABA's list followed by a link to the full text :

1.  Make sure you have enough cash on hand to survive - even if revenue drops by 25%.
2. Think about increasing your line of credit.
3. Be diligent with the books!  Think about asking for retainers from "risky" clients.
4. Control travel costs, expand employees' responsibilities, and use efficient technology.
5. Find ways to cater to clients as they too face the recession.
6. Expand your skill set.
7. Make your firm attractive to potential clients who are looking to find affordable outside counsel - keep your fees low.
8. Keep your current clients because finding new ones is EXPENSIVE!
9. Market yourself online (check out our post about blogging lawyers).
10. Use unwanted free time to increase your worth - training, CLEs , paid court appointments, and pro bono work .  Check out this link to a database of pro bono opportunities in every state!

Source: ABA Journal

Veterans Face Difficulties Collecting Benefits

On the same day that a federal judge decided he would not intervene in the payment of benefits by the Department of Veterans Affairs, another group of veterans filed suit in response to the military's ignorance of the severity of their Post-Traumatic Stress Disorder. While the Army had no issue letting the soldiers go after their diagnosis as PTSD sufferers, they refused to provide them with sufficient benefits, an issue that these veterans were not going to let go unnoticed. The five veterans that have come together to file the suit all fought either in Iraq or Afghanistan and have subsequently developed PTSD which disqualifies them for continued service. 

Disability benefits are issued based upon the type of injury that has led to your discharge along with the severity of it and number of dependents with the largest monthly amount going to those with families and very serious injuries. There has been some controversy since the start of the War in Iraq over how PTSD should be categorized and the Department of Veterans Affairs has taken intense criticism for their attitude towards it. Unfortunately, even after orders from the Department of Defense earlier in the year, the Army refuses to give veterans with PTSD a disability rating of a 50 or above ruling them out for lifetime benefits. The plaintiffs are hoping not just for their own good but that others suffering from the disorder will be more willing to open up about it should they win their case. As of now many soldiers won't admit to their condition at the thought of being jobless, without benefits but a ruling in favor of disability protection for PTSD sufferers could mean these men and women can rest assured.

Unfortunately, yesterday's decision means that even a ruling in favor of the veterans may have little affect on the distribution of benefits. The courts ruled that they had no place ordering the VA to issue disability benefits and that it was a matter that only Congress could control. Without proper enforcement, the VA could promise benefits all they want without the hassle of actually handing them out. Either way, it should be an interesting topic to follow in the coming months, stay tuned to Fastcase for more updates. 

Source: CNN, Law.com

Toddler's Break-in Creates a False Alarm

The holiday crime season has begun and this year it looks like the kids are picking up on the trend as well. A store alarm was triggered in Beaumont, Texas this week after a four-year-old boy escaped his home and broke in to play with the toys in the middle of the night. His reaction when the police arrived at the scene? He brought them over to play with the toys as well, naturally. While authorities are investigating just how the boy got out of his home unnoticed, it looks like they won't be pressing any charges on this toy fan. 

Source: Associated Press

No Legal Immunity For Karadzic

UN judges in The Hague, Netherlands, stated on Thursday that an immunity deal Radovan Karadzic claims he made with a US peace envoy would not prevent the former Bosnian Serb leader's trial on genocide charges. The judges stated that  the deal "would be invalid under international law."

Karadzic claims he cut a deal with Richard Holbrooke in 1996 to relinquish power in return for immunity from prosecution at the Yugoslav war crimes tribunal.

Holbrooke, however, denies he ever made such a deal with Karadzic. Further, prosecutors say that even if the pact existed, it would have no legal weight at the court.

Karadzic is accused of masterminding Serb atrocities in the 1992-95 Bosnian war including the 1995 Srebrenica massacre of 8,000 Muslim men.

Source: TheAssociated Press 

Facebook: Where You Can Get "Super Poked" And "Super Served"

Facebook, with more than 100 million users, provides a way for friends and family to keep in touch with one another. So, it's only a matter of time before Facebook accounts became tools for U.S. lawyers to tell users that they're being served.

It's already a reality in Australia, where a court recently allowed a lawyer for a mortgage lender to use Facebook as a method of serving legal documents. The purpose of the suit: to let a couple know that they're about to lose their home through foreclosure after defaulting on a loan.

Will this trend follow in the U.S.?  It is not unreasonable to assume that a person can be legally "notified" via Facebook, a site frequented regularly by users to stay in touch with family, friends and colleagues. Legal experts state that United States judges have the leeway to authorize serving legal documents through Facebook.  "I don't see why in the proper case a judge wouldn't authorize it, as long as it was reasonably calculated to reach the defendant," said Rory Ryan, a law professor at Baylor Law School in Texas and contributor to the civil procedure blog.

Traditionally, judges are conservative in how they expect the other side to be notified about a pending lawsuit. Federal rules for civil cases mandate the three types of notification are permitted: 1) handing it to someone, 2) mailing it to the last known address and 3) leaving it at a home or workplace. Electronic means are generally permitted only if the recipient consents in writing.

However, Rules for state courts vary, and some are more permissive. Alaska, for example, allows "alternate service" such as publication in a newspaper, if traditional methods don't work. Utah and Connecticut  also have similar procedures.

In general, judges want to use any reasonable means to notify someone of legal action against them, so there is no reason that MySpace and Facebook accounts  would be off-limits. "I don't think Facebook is going to be the first resort of many judges but I don't see why it could be categorically excluded," Ryan said.

The trend of using e-mail to serve a party has already started: In 2006, attorneys for a plaintiff in a New York federal court persuaded a judge to allow them to serve a summons that way. The reason they received permission is that the defendant's lawyer wouldn't say where he is, but he had used an e-mail address in a recent classified ad. Also, a federal judge in California allowed documents to be served on Wikileaks through e-mail.

Source: CNET News