Illinois Attorney General, Lisa Madigan, told leaders of the state's legislature that she sees no constitutional impediment to the Illinois General Assembly passing legislation that would allow the state's citizens to vote in a special election for a U.S. Senator to replace the appointed Democratic Senator Ronald Burris.
Saturday, February 28, 2009
IL AG: No Special Barrier to Replace Sen. Burris
Friday, February 27, 2009
$40M Increase in Legal Services Approved by House
The House of Representatives approved a 40 million budget increase for the Legal Service Corporation (LSC).
Notable Morning Stories...
Best 10 Google Earth Finds
- Time
Senate Approves D.C. Voting Rights Bill
- D.C. Wire (Washington Post)
Law School Applications Up By Only 1%
- Law in the News (Lewis and Clark Law School)
Special Court in Sierra Leone Finds Leaders Guilty of War Crimes
After a five year trial, Issa Hassan Sesay, Morris Kallon, and Augustine Gbao of the Revolutionary United Front (RUF) have been found guilty of war crimes. The crimes included forcibly recruiting child soldiers, rape, and using amputation to keep control of diamond fields during the internal struggle. The three are said to be the most senior of the surviving RUF commanders.
The court is also investigating past Liberian president Charles Taylor who allegedly trained and supported the rebels.
Click here to read Time's interview with Stephen Rapp - Prosecutor of the Special Court for Sierra Leone.
Source: Press TV
Thursday, February 26, 2009
Transgender Harassment Still Rare in California
Maya Perez is suing Burlington Coat Factory in San Francisco for the physical and verbal abuse she suffered as a result of her gender identity. She alleges that she reported incidents of name-calling and unwanted touching to her supervisor and to the California Department of Fair Employment. When the company let her go last month, she suspected that it was retaliation for complaining. Perez wants her job back. She is also looking for punitive damages and expects Burlington Coat Factory be more sensitive to its transgender employees.
In 2004, California's Fair Employment and Housing Act was expanded to protect gender identity. Since then, very few claims have been filed. California plaintiff-side attorneys say that now, in 2009, transgender harassment claims are still pretty rare.
Source: San Francisco Chronicle
Wednesday, February 25, 2009
Twitter in Kansas Federal Court
U.S. District Court Judge J Thomas Marten is going to allow Witchita Eagle reporter Ron Sylvester to cover the trial of six accused gang members on his blog, What the Judge Ate for Breakfast. (See his post about being allowed to Twitter from court here). This is not the first time Twitter's been allowed in federal court. Last month, U.S. District Judge Mark Bennett of Sioux City, Iowa allowed reporter Trish Mehaffey to cover a tax fraud case via Twitter.
According to Sylvester's blog, Judge Marten said that he did not see allowing Twitter posts as prejudicial. As always, jurors will be advised against viewing news coverage (these Twitter posts are obviously included).
Source: ABA Journal
Kidnapping Now a Capital Offense in Nigeria
Until this month, kidnapping (with a gun) in the Nigerian state of Enugu carried a sentence of 10 years. Now, it's a capital offense. The same is true in Abia State. Additionally, the Assembly in Rivers State passed a bill giving kidnapping with a gun a life sentence. (Click here to see a map of Nigeria.)
Kidnapping has become a daily occurrence in these states, and lawmakers hope that the harsh punishments will deter crime. Plus, they want a "conducive environment for business and the economy of the state."
According to Uduma Kalu in Awka, the author of "Political Terrorism in Nigeria," said that the police are a part of the problem. Additionally, he says, lawyers and judges are often kidnapped which makes the justice system less stable.
Source: Library of Congress
Tuesday, February 24, 2009
Korbel Sues Anonymous Craigslist Critics, Demands Comcast Identify the Users
Last year, Korbel (yes, the champagne-maker) sued anonymous Craigslist posters for defamation. The posts accused Korbel of retaliating against employees who reported sexual harassment, alleged that Korbel was scheming to cut down redwood forests on its Guerneville property, and reported that Korbel bribed law enforcement officials. Korbel contends that these charges are false and have damaged the company's reputation - it is seeking an injunction and resulting unspecified damages.
Now, Korbel heading to court in Sonoma County to force Comcast, the internet provider, to turn over posters' names. Comcast may comply with the order - as long as they have time to notify the users first. (By the way, Craigslist reserves the right to release its users' Internet addresses in court cases). Commentators call this the "latest twist" in a case set to test the limits of free speech on the Internet.
Source: Santa Rosa Press Democrat
Video Games Are Free Speech
The Ninth U.S. Circuit Court of Appeals in San Francisco ruled that video games are free speech. And, the government may not restrict speech without a compelling interest. Thus, California's ban on selling video games to minors is unconstitutional. Judge Consuelo Callahan wrote for the majority that, "The Supreme Court has carefully limited obscenity to sexual content," and declined to apply the same rationale to violent video games.
The ban was enacted in 2005 and barred the sale of a video game to anyone under 18 if the game was violent enough to be deemed patently offensive (according to prevailing community standards for minors) and lacked any literary, artistic, political, or scientific value. Affected video games were labeled with an "18" and the fine for selling such video games to minors is $1000.
California failed to show a compelling interest for the state to regulate the sale of video games because there is no proof of harm to children. The state argued that because youths who play violent video games are more likely to behave aggressively, the games caused psychological harm to the minors who play them. However, the research samples were small and there was no proof that the games caused violent behavior. Senator Leland Yee, D - San Francisco, urged state officials to appeal to the Supreme Court.
Fastcase Webinar for the Maryland State Bar Association, February 25th
Monday, February 23, 2009
Fastcase Webinar for the Tennessee Bar Association, February 24th
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.
Sunday, February 22, 2009
Fastcase Webinar for the State Bar of Wisconsin, February 23rd
Saturday, February 21, 2009
Notable Weekend Stories...
Saab Files for Creditor Protection
- Financial Times
Rwanda to Publish Law Against Gender Violence
- Library of Congress Global Legal Monitor
Should Ethics Be a Part of Law School Rankings?
- U.S. News and World Report
Friday, February 20, 2009
Civil Rights Cases in The Supreme Court Spotlight
Monday marks the second half of the Supreme Court's annual term. When the Court took the bench in October, no one expected it to be such an important term for civil rights. Here's a quick list of questions the Court will hear:
On the Docket
- Whether an employer can disregard the results of a promotion exam because it produced too many qualified applicants of one race and not enough of another. Read more.
- Whether the DOJ may still oversee electoral law changes based on states' history of bias after the election of an African-American president. Read more.
- Whether Arizona complies with federal regulations to adequately provide English-language classes for non-native speakers. Read more.
Commentary
Market Watch reports Stanford University law professor Jeffrey Fisher's comments that with Democrats controlling the White House and Congress, the Court might come out on the side of conservatism.
Bloggers point out that the court expanded civil rights protections in its decision in Crawford v. Metropolitan Government of Nashville and Davidson City in finding that antiretaliation clause of the Civil Rights Act of 1964 protects to both "an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer's internal investigation."
Notable Morning Stories...
FBI Serves Financier Stanford With SEC Papers
- NPR
Universities Offering Free Tuition to Veterans
- National Association of Independent Colleges and Universities
Woman Settles $27 Million Action Against NY Times for Its Inaccurate Claim She Had an Affair With McCain
- Blog of Legal Times
Thursday, February 19, 2009
Apache Chief's Descendents Sue Yale Secret Society
Ramsey Clark, Attorney General under LBJ, filed a complaint in Washington D.C. federal district court on behalf of Apache chief Geronimo descendants. The complaint reportedly alleges that members of Skull and Bones snuck into Geronimo's grave and stole his skull (reportedly, to perform "rituals"). The incident supposedly occurred in 1918 and (according to sources) Prescott Bush (grandfather of George W. Bush) was there.
The Washington Post reports that a Yale researcher uncovered a June 1918 letter from one society member to another stating, "The skull of the worthy Geronimo the Terrible, exhumed from its tomb at Fort Still by your club....is now safe inside [the clubhouse] together with his well worn femurs, bit & saddle horn."
The Wall Street Journal Law Blog calls this "among the very strangest" strange lawsuits it's ever reported.
Source: WSJ Law Blog
NYC Burger Kings Still Have to List Whopper Calorie Counts
A three judge panel in Second Circuit upheld a New York City requirement that all chain restaurants list calorie counts and other nutritional information on their menus.
The New York State Restaurant Association challenged the calorie display rule arguing that the federal Nutrition Labeling and Education Act of 1990 preempts state and local governments from adopting changes to food labeling rules. The case turned on whether the required calorie counts were "claims" (preemption would apply) or were "information" (preemption would not apply). Congress has blurred the line between the two categories over the years, but the panel decided that the calorie counts were more like information, that preemption did not apply, and that the NYC rule stands.
According to the NY Times, the restaurant association may ask the panel to reconsider or file an appeal with the United States Supreme Court.
This rule took effect in July of 2008.
Source: Am Law Daily
Wednesday, February 18, 2009
Notable Morning Stories ...
Facebook's Fine-Print Fiasco
~ BusinessWeek
Spanish wife pays the price for her illicit passion
~ TimesOnline
Second 'Google phone' is unveiled
~ BBC
Former Attorney General Mukasey Joins Law Firm
~ The Washington Post
Tuesday, February 17, 2009
Subscribe To Fastcase Podcasts On Itunes!

If you don't have itunes, get the free download here.
Moral Gray Zones: What Rule Breaking is Going on in Your Organization?
The Harvard Business School's Working Knowledge has a great article on beneficial rule breaking. When is it acceptable for management to look the other way or encourage actions that are questionable ethically? The article looks at these moral gray zone actions as management tools and shows examples of both beneficial rule breaking actions and those don't produce a net benefit.
From the text:
The article is quite interesting and you can check it out here. Let us know what accepted rule breaking is going on in your company in the comments.
Source: HBS Working Knowledge
Free Minnesota CLE Webinar
Wednesday, February 18, 2009
12:00 pm - 1:00 pm CST
Live via the Internet
NY Governor Paterson Looking to Tax Downloads
The so-called iPod tax will impose a 4% tax on downloaded music and movies and is a part of Paterson's plan to tax spending. The tax will apply only to New York State businesses. There is wide speculation that this will drive business out of New York. Supporters reply that this is merely bringing the tax code into the 21st century.
Yesterday, reports came out that in addition to movies and music, the new tax will also apply to XXX-rated material. The industry calls it a cheap political stunt. Some conservative politicians are reluctant to "legitimize" the "skin industry" with a tax.
Source: NPR
Notable Morning Stories...
Facebook Was Made For "Old People"
-Time
Calculate Your Financial Comeback
- NY Times
Negotiators Fail to End Cal Budget Impasse
- San Francisco Chronicle
Ex Presidents of Latin America: Legalize Marijuana
Lat week, during a meeting in Brazil for the Latin American Commission on Drugs and Democracy, former presidents of Brazil, Mexico and Colombia called on a change in tactics for discrimination for personal marijuana consumption and the war on drugs.
Fastcase Webinar for the Maryland State Bar Association, February 18th
Monday, February 16, 2009
Are Executives Worth their Compensation?
Check out this week's Planet Money podcast about whether executives are worth what they are paid. Rekesh Khurana from Harvard Business School opens the question.
Listen here.
Fastcase Webinar for NACBA, February 17th
Friday, February 13, 2009
More Digital Switchover Excitement
So, the digital switch scheduled for February 17 was delayed. (Read our January 28 post about the delay here.) Nearly 500 stations were going to go ahead with the switch early. But, now, the FCC is rejecting requests to switch over early stating that the early switch isn't in the public interest.
Here's a list of stations that will stop giving out an analog signal on Tuesday.
Source: CNN
Notable Valentine's Day Stories....
Island Owner Learns His Island is a Perfect Heart (Google Earth)
-Telegraph
Investigators Catch Suspect Using DNA From a Doughnut
-FOXNews
Microsoft Will Open Chain of Retail Stores
- Financial Times
Thursday, February 12, 2009
Experienced Attorneys Sought After To Fill Top Firm Positions
Despite the struggling economy, law firms are looking to hire experienced attorneys in the areas of litigation, bankruptcy filings and foreclosures, corporate securities and patent proceedings, according to Robert Half Legal.
California Medical Board Investigates Octuplets
You've probably heard of Nadya Suleman, the woman who gave birth to octuplets. At first, the story was the miracle of the babies' birth. Of course, controversy followed. Suleman was already the sole parent of six other children and does not have the financial resources to care for all fourteen children. So far, most media covers the potential consequences Suleman's doctor could be facing.
California Medical Board Investigating Suleman's Fertility Doctor
In Belguim, it is illegal to have the in vitro fertilization of more than one embryo at a time. And, in Sweden, there there are financial incentives to avoid multiple births. The U.S. doesn't have legal regulations, however, there are professional guidelines.
Apparently, over 300 pages in public documents have been released to prove that Shuleman suffered from depression until she began having children. And, she used the same fertility specialist for all of the implants. Her doctor knew of her six other children at the time of the procedure. In the words of one California physician who supports the Medical Board's investigation, "a physician has the responsibility to provide a patient with treatment options that fall within the standard of care for the condition being treated."
Click here to read the FindLaw article and for a list of links about the investigation and enforcement process for the Medical Board of California. According to CBS, the penalty ranges from a reprimand to revokation of license.
According to the LA Times, the American Society of Reproductive Medicine is also looking into the Suleman's doctor.
Wednesday, February 11, 2009
Statutes on Fastcase
The Fastcase Legal Research System is one of the world's largest online law libraries. Fastcase has begun to add statutes to its collection, as outlined in this video update.
Download and subscribe to future video podcasts here.
Try Fastcase for 24 hours - it's easy to sign up, completely user-friendly, and free! Do it in three easy steps:
South Korea Authorizes Coutry's First Mercy Killing
Tuesday, February 10, 2009
Notable Morning Stories...
List of Cuts from the Stimulus Bill
- CNN
Arizona Redistricting is Successful
- Arizona Daily Star
Bank Execs Say "It's Not So Easy Living in NYC on $500,000/Year"
- NY Times
NASA Offers Free Ride to People With Good Ideas
For the first time this summer, NASA is inviting members of the general public to submit ideas that will be tested in free zero gravity flights in Houston, Texas
Previous winners had lunar-gravity drilling and nanofluid coolant ideas.
Applications are due March 20.
Source: Bay Area NBC
Strong Parallels Between Woman's Death in Italy and Terri Schiavo's Death in the U.S.
The dramatic story of Eluana Englaro captured the attention of many Italians and much of the world this weekend. In 1992, Ms. Englaro was in a serious car accident that left her in a vegetative state. For many years, her father attempted to remove her feeding tube. She died yesterday at the private clinic where she had been moved because the doctors there agreed to take out the feeding tube.
Earlier this year, the high court ruled removing the tube legal. Then, Friday, Prime Minister Silvio Berlusconi introduced a law to force doctors to put the feeding tube back in. Giorgio Napolitano, the President of the Italian Republic, refused to sign the act. Senators were debating the measure at an emergency meeting when they heard news of Ms. Englaro's death. Italian news reports than many Senators called others "Assassins."
Of course, the case strongly parallels the U.S. case of Terri Schiavo who also died in 2005 after a legal battle which resulted in the removal of her feeding tube.
Source: NY Times
Monday, February 9, 2009
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Fastcase Webinar for the Tennessee Bar Association, Feburary 10th
Friday, February 6, 2009
Wednesday, February 4, 2009
EU Threatens Legal Action Over Car Industry Bailout
Fastcase Webinar for the Illinois State Bar Association, February 5th
Notable Morning Stories...
Big Three Report Low Sales in January
- NPR
Admiral Will Study Detainee Prison
- SCOTUS Blog
Sherriff Investigates Michael Pelps
- CNN
Tuesday, February 3, 2009
Jury Questions Deemed Wild Cards in Florida Courtrooms
Arkansas Debates Merits of Allowing Guns in Church
Arkansas law allows registered gun owners to conceal and carry their weapons. Like all other states which grant citizens the right to "conceal and carry," Arkansas has a list of places where even license-holders may not carry concealed weapons. "Any church or other place of worship" is currently listed in the statute as a place where Arkansasians are not allowed to carry concealed weapons. However, state Rep. Beverly Pyle introduced a bill Tuesday which would make it legal to carry a concealed weapon in Arkansas churches.
Arguments for allowing guns in church follow are akin to most theories opposing strict gun control. Supportors of Pyle's bill cite an incident in Colorado Springs where a gunman opened fire in a church and was stopped by an armed security gun. The bill will be debated in committee today.
Source: KATV Arkansas
Monday, February 2, 2009
Fastcase Webinar for NACBA, February 3rd
Google Earth Praised for Marijuana Field Discovery
Google Earth’s software is often used by homeowners to find their homes, and by vacationers to scope out exotic destinations before making concrete travel plans. Now, police have discovered that Google Earth is an excellent tool for spotting massive fields of marijuana.
In Switzerland, police managed to come across a "large marijuana plantation" while using Google's popular software. Swiss police report that the marijuana field was discovered in Thurgau sometime last year while they were investigating a suspected drug ring.
While officers were using Google Earth to merely locate the exact address of two farmers they suspected of being involved in the ring, they came across a jackpot -- a two-acre-large plantation hidden in a field of corn. "It was an interesting chance discovery," Zurich police's specialist narcotics unit Norbert Klossner told the Associated Press. No kidding.
The investigation yielded the seizure of 1.2 tons of marijuana and the arrest of 16 people. Prosecutor Gabi Alkalay said that she plans to ask for prison sentences for all involved.
Source: Ars Technica


