The HD Guru has a detailed post to prepare you for the 3d advertisements during the Super Bowl and the presentation of NBC's spy-comedy Chuck in 3d the following Monday (at 8 p.m. EST).
Check out the HD Guru's post here.
Saturday, January 31, 2009
Notable Weekend Stories...
British Airways Will Allow In-Flight Texting Starting in September
- Daily Telegraph
Thirty-Two "Governor Blagojevich" Road Signs Are Coming Down in Illinois - $15,000
- Chicago Tribune
Giuliani Defends 2008 NYC Corporate Plums
- CNN Politics
Friday, January 30, 2009
Super Bowl Parties are Legal
In 2007, the NFL disappointed fans who planned on attending private parties in church buildings to watch the Colts-Bears Super bowl game. When one church wanted to show the game using its projector and a large screen, the NFL objected, stating that NFL rules did not allow for the game to be shown on any TV larger than 55 inches.
The NFL reversed its policy for this year's matchup between the Steelers and Cardinals, stating that churches are free to show the game, if they follow a few rules.
While Churches may now show the game on a screen of any size, they are not allowed to charge for admission. However, donations may be collected to help with the cost of the event. And lastly, Churches are urged to avoid the use of "Super Bowl" when advertising the event to avoid copyright trademark infringement.
Source: The Examiner and Fox News
Dishonest Police Testimony in the 20th and 21st Century
"Testilying"
The Exclusionary Rule as an Incentive for Officers to Perjure Themselves?
Yesterday's WSJ argued that the exclusionary rule might be to blame for false testimony by officers. For those of you who are more than a couple years away from that crim pro course, the exclusionary rule is the rule that requires state courts to throw out evidence illegally seized.
Empirical evidence backs up the idea that the exclusionary rule could be to blame for the false testimony. Apparently, after the Supreme Court decided Mapp v. Ohio (the case which declared evidence obtained by illegal searches inadmissible) in 1961, the number of cases where suspects mysteriously dropped bags of drugs on the ground sharply increased.
2009 Decision Chips Away at the Exclusionary Rule
On January 14, 2009, the SCOTUS released its opinion in Herring v. U.S. ruling (5-4) that the exclusionary rule does not apply from an unconstitutional search which resulted from of "isolated and attenuated" police negligence. (In Herring, it was a record keeping error.) The WSJ notes that narrowing the exclusionary rule will decrease officers' incentive to testily. However, civil rights advocates argue that narrowing the exclusionary rule provides a more dangerous incentive for officers to act on hunches without fear that resulting evidence will be inadmissible.
Source: The Wall Street Journal
Notable Morning Stories...
Economic Stimulus is a Real World Keynesian Experiment
South Carolina Judge Will Decide Whether Poker is a Legal Game of Skill or an Illegal Game of Chance
- NY Times
Federal Circuit Rules Against Bikini Island Plaintiffs
Thursday, January 29, 2009
Obama’s First Bill Sets a New Tone for Employment Rights
On Tuesday, Congress sent the White House what will be the first legislation that President Obama signs into law -- a bill that makes it easier for women and others to sue for pay discrimination, even if the discrimination has prevailed for years, or decades.
This bill - which the House passed on a 250-177 vote - is a top priority for labor and women's rights groups. It is a response to a 2007 Supreme Court ruling, Ledbetter v. Goodyear Tire & Rubber Co., which dictated that a person must file a claim of discrimination within 180 days of a company's initial decision to pay a worker less than it pays another worker doing the same job. The new bill will extend the statute of limitations for another 180 days for every discriminatory paycheck.
The measure, said House Speaker Nancy Pelosi after receiving a congratulatory phone call from Obama, is "a bold step to move away from that parsimonious interpretation" of the Supreme Court.
Supporters argued that the 5-4 Supreme Court decision throwing out Ledbetter's claim was unrealistic for most work environments in which employees are unaware of, or even barred from talking about, the salaries of their co-workers. They said it rewards companies that manage to keep wage discrimination secret for more than six months.
Opponents contended that the legislation would gut the statute of limitations, encourage lawsuits and be a boon to trial lawyers. They also argued that employees could wait to file claims in hopes of reaping larger damage awards.
The plaintiff in the case, Lilly Ledbetter, argued that she did not become aware of the pay discrepancy until near the end of her 19-year career at a Goodyear Tire & Rubber Co. plant in Gadsden, Ala.
While former president Bush and Senate Republicans blocked the legislation in the last session of Congress, Obama strongly supports it and the Democratic-controlled Congress moved it to the top of the agenda for the new session that opened this month.
The Ledbetter bill focuses on pay and other workplace discrimination against women: The Census Bureau last year estimated that women still only receive about 78 cents for every dollar that men get for doing equivalent jobs. But the measure, which amends the Civil Rights Act of 1964, also applies to discrimination based on factors such as race, religion, national origin, disability or age.
Source: The Chicago Sun Times
Wednesday, January 28, 2009
Postponing the Digital Switch
The Transition
If you've been watching the $200 million dollars worth of commercials the government has been putting out about preparing for the switch from analogue to digital television, you know that that switch deadline is scheduled for February 17, 2009. Lawmakers picked this date almost ten years ago to give everyone time to prepare.
The Delay
What it Means for Businesses and Consumers
Under the Act, stations will have the option to switch now or wait until June (with FCC approval). The additional time could turn out to be very costly for broadcasters who must pay an additional $10,000 per month to maintain and power analog transmitters. Or, the additional time could be just what stations need to install back up antennas and to finish warning audiences of the change. The delayed (and staggered) switch is probably going to be pretty confusing for consumers. The FCC recently opened a call center to help customers struggling with the delay.
Source: Forbes
Fastcase Webinar for the Maryland State Bar Association, January 29th
Attention all MSBA members, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for your webinar at 1:30pm on January 29th, 2009.
Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.
Tuesday, January 27, 2009
Bolivians Support New Constitution
On Sunday, Bolivian voters embraced a new constitution that promises greater rights and benefits for the long-suffering Indian majority. The new constitution also grants leftist President Evo Morales, the country’s first Indian president, a chance to remain in office through 2014. Morales promises the charter will "decolonize" South America's poorest country by recovering indigenous values lost under oppression dating back to the Spanish conquest.
Government supporters gathered at the plaza outside the presidential palace in La Paz to celebrate the result. "Here we begin, brothers and sisters, truly, to arrive at equality for all Bolivians," Morales said from the palace balcony.
Opponents of the new constitution argue that middle-class people, of mixed race are not being taken into account. Several regions in eastern Bolivia - an area with more people of European or mixed heritage than the mountainous west -- held their own referendums last year to give themselves more autonomy from Morales's leftist government. Four of the country's nine regions, including Santa Cruz, voted against the proposed constitution.
The country’s approval of the new constitution was a close call. Roughly 56 percent of voters approved the new constitution and 43 percent of voters were against it.
Morales follows his socialist allies, President Hugo Chavez of Venezuela and President Rafael Correa of Ecuador, in pushing through major constitutional reforms. He will now be able to run for re-election in December and is a clear favorite to win.
The Hague's First Trial Begins After Much Controversy
Although it’s been open for six years, the International Criminal Court in The Hague began its first trial on Monday. On trial is Thomas Lubanga, a former Congolese warlord. Mr. Lubanga, 48, once the leader of a powerful and violent militia, is accused of war crimes, including commandeering children under the age of 15 and sending them into war to maim and kill. He pleaded not guilty to the crimes, which prosecutors said occurred in 2002-2003 during ethnic fighting in the Ituri region of Eastern Congo.
Supporters of the court have hailed the long-awaited trial as a momentous step for the tribunal, created to try large-scale human rights violations; the critics contend it has been far too long in coming. Both sides see the trial as a test case that will be closely watched by lawyers and human rights activists.
Last July, as the trial was about to start, judges put a halt to the proceedings, citing legal and strategic errors by the prosecution. The judges said the prosecution’s handling of evidence amounted to “wholesale and serious abuse” and ruled that at that point a fair trial was not possible.
Now that the errors have been redressed, Mr. Lubanga will be tried by three international judges — from Britain, Costa Rica and Bolivia — in a process that is expected to last until the end of this year.
One question now being asked in The Hague is whether the Obama administration will re-establish links with the court. The Clinton administration signed the 1998 treaty establishing the court, but the Bush administration withdrew its endorsement, leaving the United States as the only major Western power not to recognize the court’s authority.
Operating independently from the United Nations, the court now has 108 member countries, many of whom have signed but not yet ratified the founding treaty. The court’s mission is to try large-scale war crimes, crimes against humanity and genocide in countries that are unwilling or unable to punish perpetrators themselves.
Unlike the temporary tribunals set up to try crimes in the former Yugoslavia, Rwanda, Sierra Leone and Cambodia, the International Criminal Court is permanent.
The case is making use of a new step for international law, namely allowing victims to participate in the trial and be represented by their own lawyers, who can make statements, bring witnesses and ask questions in court. A group of 93 victims is participating in this case. This new role for the victims and their representatives has set off much debate and also caused delay in pre-trial proceedings.
Prosecutors will start their case against Mr. Lubanga by calling on more than 30 witnesses, nine of them young men and women who were themselves former child soldiers. At the height of the conflict in Ituri in 2003, as many as 30,000 young boys and girls were believed to be part of the militia forces, prosecutors say. Many were abducted, while others joined in exchange for food, drugs and weapons.
Source: The New York Times
Real World Economy May Tax the Gaming World
You've probably heard of avatars - online virtual representations of computer users. They provide and buy online goods and services for one another at a price and some think that these economic interactions should be taxed because the transactions aren't just virtual - gamers can sell their online dollars for real life currency in organized exchange forums. Check out one currency exchange chart here.
The debate surrounding whether these transactions rests upon whether the government may tax completely virtual events which result in a real profit. China, Sweden, and South Korea are all looking to clarify how their tax codes will treat virtual exchanges. Yesterday, the Yale Law Journal posted an online piece about the probability that the IRS would get into the business of taxing virtual world transactions. It cited a 2006 Joint Economic Committee statement the at "if [a] transaction takes place entirely within a virtual economy, then it seems there is no taxable event."
Source: BBC News
Notable Morning Stories...
Rove Subpoenaed to Testify About U.S. Attorneys
- Blog of Legal Times
Senate Confirms Geithner as Treasury Secretary
- CNN Money
The Vatican Has Launched a Dedicated YouTube Channel
- Official Google Blog
Monday, January 26, 2009
The Minnesota Senate Race Goes to Court
Three Minnesota judges - one Democrat, one Republican, and one Independent from three different parts of the state are presiding over the trial which could be the final word in the very close Minnesota Senate race. Currently, Al Franken leads Norm Coleman by 225 votes in the statewide senatorial election. Coleman is challenging three things. The court will consider whether election officials incorrectly rejected absentee ballots, whether ballots were counted more than once, and whether those missing ballots from Minneapolis should be counted.
Coleman will also make the case that the State Canvassing Board erred in determining voter intent.
For examples of ballots where intent needed to be discerned - click here.
Source: Minnesota Public Radio
Fastcase Webinar for the Tennessee Bar Association, January 27th
Attention all members of the Tennessee Bar Association, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for your webinar at 3pm CST on January 27th, 2009.
By attending our quick and informative webinar covering a wide range of legal research topics on the 27th, you will earn one hour of CLE credit. Don't miss out!
Should you have any questions, contact customer support from 8am- 8pm EST at 866-773-2782 or by emailing us at support@fastcase.com.
Saturday, January 24, 2009
Notable Weekend Stories...
Top Ten of Everything
-Time
Belarus Children Banned from Travel Abroad
-Library of Congress Global Legal Monitor
Vote for Your Favorite Weblog
-The Weblog Awards
Friday, January 23, 2009
Blagojevich Attempts to Stop Impeachment Trial
Reportedly, Governor Blagojevich and his attorneys may file suit to stop the Illinois Senate impeachment trial. The Governor and his lawyers may make the argument that these rules are unfair and deny fundamental due process. For example, they would like to call Rahm Emanuel who has publicly stated that he never heard Blagojevich say anything inappropriate. Senate President John Cullerton intends to go forward with the trial as planned on January 26 - he says it's fair and that the rules mirror the impeachment trial against President Clinton.
Blagojevich missed the deadline to tell the Senate which documents and people he'd like to subpoena for the impeachment trial. His lawyers announced last week that they would not be attending the impeachment trial stating that they could not, in good conscience, represent Blagojevich in a trial without due process of law. The lawyers will represent the Governor in criminal proceedings.
Source: MSNBC
Who Runs Gov Wiki
The Washington Post launched its new wiki "Who Runs Gov ," a site dedicated to becoming a database of United States government officials. It claims to offer a "unique look of Washington through key players and personalities."
The Who Runs Gov makes a couple departures from Wikipedia which also contains profiles of many politicians. Profile changes are not visible until site staff approve them. Officials are allowed/encouraged to edit their own profiles. Also, purely government personality profiles are more consistent and aim to be predictable.
Source: The Industry Standard
Thursday, January 22, 2009
Isle of Man Residents Live In Free Download Heaven
Soon, The Isle of Man residents will obtain a compulsory music license. Every Isle of Man resident will pay a predetermined amount in exchange for being able to download infinitely. Few details are currently available, except that the plan will include unlimited download activity for all 80,000 residents. Revenue will be shared with the music industry.
This plan raises all the obvious questions that compulsory licenses generate, including the fairness of forcing everyone to pay, whether they want to download files or not.
Geoff Taylor, who heads the UK music trade group BPI, loved the idea, but he noted that ISPs were not all clamoring to get into the music distribution business. "If all the ISPs across Europe were interested in taking licenses, we'd be in a very interesting position," he said, "and we wouldn’t face many of the problems we face today. But our doors are not being battered down by ISPs looking for licenses."
IFPI numbers out last week showed that only 18 percent of Europeans engage in illicit file-sharing, though, so it's hard to imagine a similar compulsory program launching in a larger European state.
The proposal could cost as little as a Euro per year for Isle Of Man residents. Music industry figures are not pleased with this suggestion, predicting that if it does progress to include the UK, it won't make enough money to offset the record business' current worth. "An experiment in a small territory such as the Isle of Man might be quite interesting from an academic point of view, but applying a compulsory license in larger markets is not going to prove a workable solution," said a spokesman for recording industry group IFPI.
Sources: ARS Technica and New Musical Express
Obama Might Not Have Become President While You Were Watching
Article II, Section 1 contains the language for the presidential oath stating that the president “shall” state these words: “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect and defend the Constitution of the United States.”
But on inauguration day, Chief Justice Roberts and Obama transposed the required words. Rather than stating the constitutionally required words “faithfully execute the Office of the President of the United States,” Obama said he would “execute the Office of the President of the United States faithfully.”
No one is seriously disputing that Obama is the president. Further, it seems unlikely that courts would hear any far-fetched challenge to his executive authority Still, Obama retook the oath of office at the White House last night. Obama reportedly joked that he and Justice Roberts would go "very slowly" this time.
Interestingly, Obama's not the first president to redo his oath. Under similar circumstances, Calvin Coolidge and Chester A. Arthur both retook the oath after the ceremony.
Source: Washington Post
Fastcase Webinar for the State Bar of Wisconsin, January 23rd
Attention all State Bar of Wisconsin members, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for your webinar at 12 pm CST on January 23rd, 2009
Should you have any questions, contact customer support from 8am- 8pm EST at 866-773-2782 or by emailing us at support@fastcase.com
Electronic Research Tips from Fastcase
Logging Into Fastcase
Your Fastcase Homepage
Maximizing Your Electronic Research Results
Saving a Case Using Your Personalized Library
Searching Statutes
Printing Directly from Microsoft Word
Only on Fastcase - The Interactive Timeline
Using Authority Check to View Latter Citing Cases
Check out the full list of topics here.
Wednesday, January 21, 2009
Famous Inaugural Quote: Barack Obama
For as much as government can do and must do, it is ultimately the faith and determination of the American people upon which this nation relies.
-Barack Obama, 2009
Fastcase Webinar for the Maryland State Bar Association, January 22nd
Attention all MSBA members, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for your webinar at 12 pm EST on January 22nd, 2009.
Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.
Tuesday, January 20, 2009
California Pioneers Mandatory Free Language Services In Doctors' Offices
A groundbreaking new law requires California heath plans to offer free language services for members who aren't proficient in English. The services may be provided by phone, video or an on-site interpreter.
"We are the first state in the nation to have this kind of law," said Cindy Ehnes, director of the California Department of Managed Health Care. "And I believe this will fundamentally change the fabric of health care in California."
The new law was passed in 2003, but it was not fully implemented until Jan. 1. It requires health plans to provide interpretation in doctors' offices, pharmacies and laboratories, as well as in administrative offices. Health plans must also translate official documents into languages that are spoken by a significant percentage of its members.
This law will affect millions of Californians who don't speak fluent English.
According to the 2000 U.S. Census, more than 40 percent of Californians speak a language other than English at home. Language issues are a huge barrier to health care access in this population, Ehnes said.
To ensure compliance with the new law, Ehnes says, the Department of Managed Health Care is using "secret shoppers" — government officials posing as patients — who will call for an appointment and request language services. Plans that don't comply may be subject to fines, she said.
Consumers are glad to hear about the new laws. "Now I feel more comfortable seeing a non-Chinese-speaking doctor," said Kwan Choy, 81, who speaks Cantonese and lives in San Francisco. "I know there are some kinds of language-assistance programs in place."
"This is a law that every patient who is not English-proficient should actively embrace and use to improve the quality of their health care," Ehnes said.
Anyone having trouble accessing language services can complain to the Department of Managed Health Care, by calling (888) HMO-2219 or visiting www.hmohelp.ca.gov .
Soure: Mercury News
Monday, January 19, 2009
Watch The Inauguration Swearing-In Ceremony Online at 11:30 Eastern Time
Interested in viewing the historic inauguration of Barack Obama but can't make it to Washington, D.C. ? You can watch the ceremony from the comfort of your home (or lets be realistic, your office) through the official inauguration website, PIC2009.
Visit www.pic2009.org on Tuesday, January 20th at 11:30 eastern time to view the swearing in ceremony. Fastcase is based in Washington, D.C. so know that while your watching it online, we will be there braving the cold weather and the record breaking crowd all for our readers. We'll be posting updates and images (hopefully) from the event on our blog.
Week in Review: Famous Inaugural Quotes
"Ask not what your country can do for you - ask what you can do for your country"
"Let me assert my firm belief that the only thing we have to fear is fear itself."
"To few of us here today, this is a solemn and most momentous occasion; and yet, in the history of our nation it is a commonplace occurrence. The orderly transfer of authority as called for in the Constitution routinely takes place as it has for almost two centuries and few of us stop to think how unique we really are. In the eyes of many in the world, this every-four-year ceremony we accept as normal is nothing less than a miracle.
"The greatest progress we have made, and the greatest progress we have yet to make, is in the human heart. In the end, all the world's wealth and a thousand armies are no match for the strength and decency of the human spirit."
-William Jefferson Clinton , 1997
"With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive to finish the work we are in, to bind up the nation's wounds, to care for him who shall have borne the battel for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations."
"Previous to the execution of any official act of the President, the Constitution requires an oath of office. This oath I am now about to take..."
-George Washington, 1793 (an excerpt from his very short second inaugural address)
"Through much of the last century, America's faith in freedom and democracy was a rock in a raging sea. Now it is a seed upon the wind, taking root in many nations. Our democratic faith is more than the creed of our country, it is the inborn hope of our humanity, an ideal we care but do not own, a trust we bear and pass along."
Fastcase Webinar for NACBA, January 20th
Attention all NACBA members, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for your webinar at 2pm EST on January 20th, 2009.
Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.
Friday, January 16, 2009
Famous Inaugural Quote: George W. Bush
"Through much of the last century, America's faith in freedom and democracy was a rock in a raging sea. Now it is a seed upon the wind, taking root in many nations. Our democratic faith is more than the creed of our country, it is the inborn hope of our humanity, an ideal we care but do not own, a trust we bear and pass along."
-George W. Bush, 2001
Famous Inaugural Quote: Abraham Lincoln
"With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive to finish the work we are in, to bind up the nation's wounds, to care for him who shall have borne the battel for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations."
-Abraham Lincoln, 1865
Famous Inaugural Quote: George Washington
"Previous to the execution of any official act of the President, the Constitution requires an oath of office. This oath I am no about to take..."
-George Washington, 1793 (an excerpt from his very short second inaugural address)
Famous Inaugural Quote: Bill Clinton
"The greatest progress we have made, and the greatest progress we have yet to make, is in the human heart. In the end, all the world's wealth and a thousand armies are no match for the strength and decency of the human spirit."
-William Jefferson Clinton, 1997
Famous Inaugural Quote: Ronald Reagan
"To few of us here today, this is a solemn and most momentous occasion; and yet, in the history of our nation it is a commonplace occurrence. The orderly transfer of authority as called for in the Constitution routinely takes place as it has for almost two centuries and few of us stop to think how unique we really are. In the eyes of many in the world, this every-four-year ceremony we accept as normal is nothing less than a miracle.
-Ronald Reagan, 1981
Free Krispy Kreme Doughnut to Celebrate the Inauguration
For those of you who are live outside the greater DC area and feeling left out of all the inauguration excitement we've been blogging about this week, good news! Krispy Kreme's across America are handing out free doughnuts on inauguration day. "We're inviting our fans in cities across the country, including Washington, D.C., to commemorate this historic day with a favorite American treat," explains Krispy Kreme CEO, Ron Rupocinski. Whatever the rationale, free doughnuts are always fine with us!
Source: News Record
Famous Inaugural Quote: Franklin D. Roosevelt
"Let me assert my firm belief that the only thing we have to fear is fear itself."
-Franklin D. Roosevelt, 1933
Notable Morning Stories...
RIAA File Sharing Motions Hearing Will Be Broadcast Online
-Wired Blog
Perfecting Your Work/Life Balance
-Harvard Business School
Methane in Mars' Atmosphere Could Indicate Life
-CNN
Thursday, January 15, 2009
Famous Inaugural Quote: John F. Kennedy
"Ask not what your country can do for you - ask what you can do for your country"
-John F. Kennedy, 1961
Free HBO Broadcast of the Inaugural Opening Ceremony
HBO will be broadcasting the January 18 opening ceremony in Washington to not only subscribers, but everyone with cable or satellite television. (Those without cable or satellite can watch it on hbo.com after the ceremonies.) So far, the concert looks like it's going to be pretty good - Beyonce, U2, Bruce Springsteen, and Garth Brooks will all be there. Check out the full list here. The eclectic group should draw an interesting crowd.
For those willing to brave the crowds, the concert will be free and open to the public. It will be held in Washington at the Lincoln Memorial.
The HBO flier is even pretty cool - check it out here.
Source: Presidential Inaugural Committee
The Inauguration - First "Non-Disaster" Emergency
On Tuesday, Bush declared Obama’s inauguration an emergency. This move will help foster additional federal money to help Washington cope with the huge crowds that are expected to turn out for the ceremony next Tuesday, where Obama will become the nation’s first black president.
The government has set aside $15 million to help pay for security and medical personnel. But Mayor Adrian M. Fenty asked for more money, citing possible crowds of 1.5 million to 2 million and “the associated stresses that it would place on the city’s capabilities, particularly the medical community,” said Scott Stanzel, a spokesman for Bush. Forecasters predict that snow could add to the day’s complications.
The city has projected its tab for the inauguration at $47 million, about three times as much as Congress has given the District. The president’s power to declare a state of emergency is typically used after natural disasters, although Mr. Stanzel said presidents had occasionally declared emergencies before an anticipated event. But never before, he said, has an advance declaration been used for a “non-disaster.”
Neighborhood Inaugural Balls - Using Technology to Include Everyone
Official inaugural balls of the past have required guests to be officially invited and to travel to Washington to celebrate with the new president and his family. This year, one ball will be open to every American. It's called the Neighborhood Inaugural Ball, tickets will be affordable (some will even be free!), and the Obamas will attend the main ball at the Washington Convention Center.
The most innovative aspect of the neighborhood balls is the "balls" that will be hosted all over the United States and will be connected to Washington by webcast. Reportedly, the plan is for Obama to address all the neighborhood balls via webcast when he visits the main ball in Washington.
Obama will also be continuing a tradition created by President Bush - attending the Commander-in-Chief's Inaugural Ball. This ball is free and only available to military, spouses, and families of deceased soldiers.
Source: Presidential Inaugural Committee
Notable Morning Stories...
Eli Lilly May Settle Zyprexa Suit Today
-Wall Street Journal Law Blog
White House Ordered to Preserve Electronic Messages
- Law in the News - Lewis & Clark Law School
Chief Justice Roberts reports on the Federal Judiciary
-Georgetown Law Library Blog
Wednesday, January 14, 2009
Question Presented: Must a defendant affirmatively accept appointed counsel to be protected by the Sixth Amendment during a custodial interrogation?
Yesterday, the Supreme Court heard arguments in Montejo v. Louisiana , the case about whether a defendant need affirmatively accept the appointment of counsel to qualify for Sixth Amendment protections. The defendant, Jesse Jay Montejo, was found guilty of murder in 2002 after making statements and writing a letter to the victim's wife apologizing for the murder.
Montejo requested counsel, revoked his request for counsel, then gave a statement and wrote an apology to the victim's wife. Following his arrest, Montejo attended a hearing to determine bail and appoint counsel - the record does not include Montejo's response to the appointment of counsel. Montejo believed he'd secured counsel, but the police were unaware that he was represented. The next day, Montejo helped detectives look for the murder weapon, but his attorney was not present for the search or the subsequent interrogation.
The Louisiana Supreme Court ruled that the fruits of the interrogations were admissible. Because Montejo merely accepted his right to counsel (rather than requesting it), his right to counsel is not governed by the Sixth Amendment, rather it is governed by Miranda, and he was free to waive the right. Therefore, evidence gathered in the interrogation were admissible. This ruling is consistent with Louisiana and Fifth Circuit precedent.
Montejo contends that his statements and letter were improperly admitted because requiring a suspect to "affirmatively accept" the appointment of counsel at a "critical stage" violates the Sixth Amendment right to be represented by counsel. Other states (Wisconsin, Arkansas, Texas) take this view.
The Court heard oral arguments yesterday. We will update you when a ruling becomes available.
View the docket here .
Read the petitioner's (defendant) brief here .
Read the respondent's (state) brief here .
View a transcript of the oral argument here .
Fastcase Webinar for the State Bar of Wisconsin, January 15th
Attention all State Bar of Wisconsin Members, register today to learn all about your member benefit along with some great how-tos, tips, and tricks from using Fastcase.
Click here to register for your webinar at 11 am CST on January 15th, 2009
Should you have any questions, contact customer support from 8am- 8pm EST at 866-773-2782 or by emailing us at support@fastcase.com.
Tuesday, January 13, 2009
Potential Changes to Traditional Bar Exam on the Horizon
Civil Procedure, that dreaded first year topic, could become the seventh topic tested on the Multistate Bar Exam (MBE). Currently, the MBE is a multiple choice test on torts, evidence, constitutional law, criminal law, contracts, and real property. Erica Moeser, the president of the National Conference of Bar Examiners, reported the idea to add Civil Procedure to the 200 question test has been met with enthusiasm.
In related news, the ABA section on legal education is collaborating with states' chief justices to create and administer a uniform bar exam - one test given in all jurisdictions.
Source: The National Law Journal
Univision Fights the Battle of the Telenovela
Two key players in the Spanish-language television world are in federal court in Los Angeles and the future of the telenovela (Spanish-speaking soap operas, for lack of another definition) is at stake. Univision is the largest Spanish television station in the United States. Grupo Televisa creates the programming and sells it to Univision. Televisa is claiming that Univision materially breached the contract and that Televisa should be allowed terminate the entire contract.
More specifically, Univision is refusing to pay Televisa over $100 million in royalties that Televisa claims is owed. Univision responded that it has already paid over $1 billion in royalties and will pay another $2 billion before the contract expires.
Interestingly, media consultants point out , Univision needs Televisa a lot more than Televisa needs Univision. In fact, over 35% of Univision’s revenues come from advertisements made by Televisa. If the contract is terminated, Univision will need to scramble to put together its own content in order to stay afloat. It will also likely lose a lot of its viewers who love the Televisa programming that they say reminds them of the television they watched with their parents in grandparents growing up in Mexico.
LA Times
Monday, January 12, 2009
Fastcase Webinar for the Tennessee Bar Association, January 13th
Attention all members of the Tennessee Bar Association, register today to learn all about your member benefit along with some great how-tos, tips, and tricks for using Fastcase.
Click here to register for your webinar at 12pm CST on January 13th, 2009.
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Sunday, January 11, 2009
C-SPAN: Richard Wiley Speaks About The DTV Transition
Summary: On "The Communicators," former FCC Chairman Richard Wiley gives his perspective on the transition to digital television in February.
Source: C-SPAN
Saturday, January 10, 2009
Reuters: Spies from outside the fold (Youtube Video)
Summary: Obama nominated Leon Panetta as CIA director, and retired Admiral Dennis Blair to oversee all U.S. spy agencies as director of national intelligence.
Source: Reuters
Lawdable Quotes: Oliver Wendell Holmes
"You can hire logic, in the shape of a lawyer, to prove anything that you want to prove."
~Oliver Wendell Holmes
Friday, January 9, 2009
Facebook Connect on the Fastcase Blog!
1. Click on the title of an article that you would like to comment about.
2. Click on "Facebook Connect" and provide the necessary sign in information.
3. Make your comment and press "Post Comment."
Attention Deserters: Try Mexico
For years, crossing the border into Canada Iraq US entered Iraq Canada
Now it's up to the Canadian courts to determine what the appropriate action is on a case by case basis. They already sent one soldier back last year and have decided to do the same with a mother of three just this week. With over 200 American deserters now awaiting their hearings, it's hard to say what makes one deserter more worthy of staying than another. The issue is one that Americans and Canadians fervently disagree on but no matter what their citizens think, the Canadian government is not willing to risk harboring criminals for a country that they want on their side.
Should Canada decide to deport all American deserters in the future, the former soldiers will then face the American judicial system and inevitably jail time. Those seeking asylum and advocates for their freedom are pleading with the Canadian courts to reconsider their previous decisions and take a more humane, instead of political, approach.
Source: BBC News, New York Times
Stopping the Dial and Drive Phenomena
The debate over cell phone use in cars continues as the more studies that appear cloud the real point that legislators were attempting to make. Some researchers insist that in-car distractions are the overwhelming cause of accidents, with cell phones being the most prevalent issue, while others declare there is no concrete evidence to this statement. Even with legislation in place in many states already it is difficult to determine whether it is making a difference. Hardly any drivers in the several states with hands-free driving laws have even been stopped for the offense due to the complicated nature of catching someone in the act. Much like seat belt laws, most hands-free laws are secondary offenses meaning drivers can only be cited for it after they have already been stopped for another violation. Even in states where drivers can be pulled over at the sight of a hand held mobile device, it becomes difficult to prove that they were in fact using the device for purposes that are restricted by law.
A few thousand deaths have been attributed to cell phone use while driving and even this number might be artificially low since usage would usually have to be acknowledged by the driver; someone who may not be willing to tell the truth or may not even be alive to recount the accident. Even so, "maybe" is a pretty weak argument when trying to enforce a law. Opponents of the laws on the other hand fail to see the severity of using a hand held mobile device while driving when drivers are continually seen partaking in other similarly distracting activities including eating, applying makeup or even reading the newspaper. With cell phones accounting for only a fraction of the car accidents occurring annually in the United States, it makes it difficult to gather support for strict regulations. In addition, although everyone has complained about a poor driver on their cell phone at one time or another, only a small percentage can truly say they are not guilty of this very same action.
Whether you are a supporter of hands-free laws or not, the fact is that they are not working. States with active laws have seen the same reaction from their citizens; the initial buzz about fines and citations leads to complaints but also cutbacks in usage only to be followed by a resurgence once attention has faded. If states are really trying to make a commitment to cutting back cell phone usage they had better come up with some better procedures and a stronger campaign.
Source: Associated Press, NPR
Explaining the Failing Economy: End of Wall Street
In the past, our posts about how to learn more about the changing financial market have been very popular. For that reason, we are excited to share this Wall Street Journal Video Series, End of Wall Street , with our readers.
Read our previous post about great resources for learning about the changing economy.
We hope readers will share their tips for learning about the changing economy.
AP: OLEDs Makes for Foldable TV (Youtube Video)
Samsung shows off foldable, transparent OLED prototype displays at the Consumer Electronics Show in Las Vegas.
Source: The Associated Press
Thursday, January 8, 2009
Current Real Estate Market: $1,000 Buys You A Home
The real estate market has hit an all time low: buyers are now scooping up homes for as little as $1,000. There are 18 listings in Flint, Mich., for under $3,000, 22 in Indianapolis, 46 in Cleveland and 709 in Detroit according to Realtor.com. It is evident that all of these communities have been hit hard by foreclosures, and most of these homes are being sold by the lenders that repossessed them.
"Foreclosures have turned banks into property management companies," said Heather Fernandez, a spokeswoman for Trulia.com, the real estate Web site. "And it's often cheaper for them to give these homes away rather than try to get market value for them."
The lenders are obviously not looking to make any money on these deals with the low prices; they just want to rid themselves of the responsibility of maintaining them and paying property taxes.
Although the deals on these homes sound too good to be true, these houses almost always need to be re-vamped: wiring, plumbing and heating systems have to be replaced, walls and ceilings sheet-rocked, plumbing and light fixtures installed and new kitchen cabinets and counters put in.
Furthermore, buyers are legally required to rehab these homes to bring them up to code. For example, in Detroit, buyers are required to sign Affidavits of Compliance Responsibility, which obligates them to make repairs outlined in an inspection report. Only after that can a certificate of occupancy will be issued, which makes the house legal to live in. But even factoring in these costs, they're still bargains.
The good news for buyers is that most of these $1,000 homes can be renovated relatively inexpensively, and buyers can actually get government help to finance these repairs. The U.S. Department of Housing and Urban Development (HUD) has a special loan program for just such purchases.
Its rehabilitation mortgage insurance, available through FHA-approved lenders, encourages banks to issue single, long-term loans to buyers that cover both the acquisition and rehabilitation of a property, according to HUD spokesman Brian Sullivan.
Also, grant money is available from the $4 billion Neighborhood Stabilization Program, which was a part of the massive housing rescue bill passed by Congress in July, to assist buyers with grants for down payments.
These cheap homes are generally not in the safest of neighborhoods and they're often surrounded by many other vacant and deteriorating homes. However, some of these neighborhoods may turn around and provide residents with inexpensive housing.
Britain Allowed To Freeze Billions In Assets To Combat Detriment To Economy
Britain has dodged a lawsuit over its use of anti-terror powers to freeze billions of in Icelandic bank’s assets. Iceland’s decision to refrain from action in London over Landsbanki implies that Britain’s unprecedented use of the freezing powers in a non-terror case could be hard to challenge domestically. This outcome potentially paves the way for similar action by the Treasury against other failing financial institutions.
The Icelandic government conceded on Tuesday that a High Court challenge to the freezing order made against Landsbanki, the national bank of Iceland, in October stood little success. However, the Icelandic government said it would back a separate legal challenge brought against Britain related to Kaupthing, one of the country’s three banks nationalized last year to stave off their collapse.
The Icelandic government stressed that it still considered Britain’s use of freezing powers in the 2001 Anti-Terrorism, Crime and Security Act as “wrongful and unjustified”. Reykjavik said it would “examine exhaustively” other options for international legal action, particularly in the European Court of Human Rights.
The decision to pull back from a Landsbanki lawsuit in London bolsters the Treasury’s view that it was legally entitled to intervene to protect British depositors, using the sweeping discretion that the terror act offered to combat “action to the detriment of the UK’s economy”.
To Blackberry or not to Blackberry
In this sense, the Blackberry poses more than just one risk to its users. For starters, the proximity and personal nature of the device could implicate its user very quickly should it be collected as evidence. In addition, the smartphone could land its user in even more trouble because of its permanent erase feature. Regulations in the Sarbanes-Oxley Act require companies to maintain certain records for a specified number of years and the accidental deletion of information on their Blackberry could end up making CEOs look guilty when they are far from it. Finally the ease with which the sensitive information of a Blackberry, or any smartphone for that matter, can be compromised, is enough to make any executive feel a little queasy.
This time it's not the debate of Blackberry vs. iPhone but the question of whether either one is a wise tool for the country's top executives to hang on to.
Source: Law.com
Supreme Court Will Soon Change The Scope Of The RICO Act Prosecutions
Before the Supreme Court is Boyle v. United States, a case that will affect the scope of the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Specifically, the case will impact the ability of law enforcement to prosecute individuals under the RICO Act. The RICO Act deals with crimes associated with mail, wire and bank fraud, as well as extortion.
Here is some background on the case:
A jury convicted Edmund Boyle of racketeering and racketeering conspiracy under the RICO Act, and sentenced him to 151 months in prison for his participation in a string of bank robberies. Boyle appealed his conviction to the Second Circuit, arguing that the United States misinterpreted the scope of an “enterprise” under RICO.
Boyle argued that RICO did not apply because the United States could not prove that the group of bank robbers was an enterprise if it could not prove the group had a formal, ascertainable structure.
To rebut, the United States argued that the individuals were an enterprise and that they did not need to prove a formal structure existed under RICO.
The Second Circuit affirmed the conviction. The Supreme Court granted Boyle’s petition to determine a three-way circuit split over what constitutes an enterprise under the RICO statute.
Wednesday, January 7, 2009
Before The Supreme Court: Which Pollutants May Be Discharged In U.S. Waters
The Supreme Court will soon hear oral arguments for Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, a case that will set precedent for environmentalists and industry representatives in determining the extent to which certain pollutants can be discharged into U.S. waters.
The background of the case is as follows:
In 2005, the Army Corps of Engineers issued a permit under the federal Clean Water Act ("CWA"), authorizing Coeur Alaska, Inc. to discharge wastewater from the Kensington Gold Mine in navigable waters in Alaska.
Environmental groups will argue that this permit violated the CWA because the discharge from the mine did not comply with the Environmental Protection Agency's ("EPA") pollution standards under the CWA.
In contrast, Coeur Alaska will argue that the Army Corps of Engineers governed the discharge under a different section of the CWA, and that the issuance of the permit therefore did not violate the CWA.
The Supreme Court's decision in this matter will determine whether the permit issued for the Kensington Mine is valid. The decision may also potentially resolve the conflicting authority of the EPA and the Army Corps of Engineers under the CWA.
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