Saturday, February 28, 2009

IL AG: No Special Barrier to Replace Sen. Burris

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.

Controversy has followed Burris ever since he was appointed by former Democratic Illinois Governor, Rod Blagojevic, to fill the seat vacated by President Barack Obama. 
The former governor was criminally charged in December with seeking to extort campaign contributions and other personal benefits from candidates he was considering appointing to the seat; he was removed from office last month. Burris has issued inconsistent statements regarding his contact with the former governor about his appointment.
"The General Asembly possesses inherent authority, derived directly from the federal constitution, to specify the timing and manner of elections to fill a U.S. Senate vacancy," stated Madigan, citing the 17th Amendment
Along with lawyers from the Chicago firm, Frankel and Cohen, Chicago labor lawyer, Tom Geoghegan -who is running in a special election to fill the U.S. House of Representatives seat vacated by White House chief of staff, Rahm Emanuel - has filed a lawsuit in the U.S. District Court for the Northern District of Illinois, calling on the Illinois Governor Pat Quinn and the people of Illinois to hold a special election.  The plaintiffs argue in the lawsuit that such an election is required by the 17th Amendment. 

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).

The 11% increase would bring funding to the LSC to a total of $390 million. The agency said that most of the funding   - a total of 365.8 million - would be awarded as competitive grants to 136 nonprofit legal aid programs across the nation.
"We all know that the poor are hit hard during economic downturns, and this funding will help more low-income Americans faced with unlawful evictions, domestic violence and other serious legal problems," stated Rep. Allan B. Mollohan -D. W.Va., chairman of the House of Commerce, Justice and Science Appropriations Subcommittee that oversees LSC. The funding will also aid in the oversight of grants.

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

India Charges Mumbai Gunman With Murder

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.

Source: San Francisco Chronicle

Fastcase Webinar for the Maryland State Bar Association, February 25th


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 pm on February 25th , 2009.


Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.

Monday, February 23, 2009

Grand Jury to Consider Charges in Levy Case

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.

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By attending our quick and informative webinar covering a wide range of legal research topics on the 24th you will earn one hour of CLE credit. Don't miss out!
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Sunday, February 22, 2009

Fastcase Webinar for the State Bar of Wisconsin, February 23rd

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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

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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:

Gray zones emerge when official company rules are repeatedly broken with, at minimum, a supervisor's tacit or explicit approval," says Anteby.

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

Who doesn't love a free CLE? If you are a MSBA member check out App Practice: Appeals for the Non-Specialist tomorrow.  Thanks to Greg Luce from the Minnesota State Bar Association and Mypractice for bringing this to our attention.
Free Minnesota CLE Webcast on Appellate Practice: featuring David Herr and Chief Justice Eric Magnuson,

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.


The former presidents, Ernesto Zedillo of Mexico (94-00), Fernando Henrique Cardoso of Brazil(95-02) and Cesar Gaviria of Colombia (00-04) all spoke in unison to decriminalize personal marijuana consumption, and to focus the war on drugs at drug cartel and organized crime.

This news comes shortly after, Gusto Sierra, a mayor for Surquillo district in Lima, Peru suggested that the federal government legalize illicit drugs and administer them throughout the national health ministry.

The commission stressed that decriminalization should be accompanied by treatment for addicts and public service campaigns on abuse prevention. "If you don't help those that are dependent, you are half way there because they are going to commit crime and get money and pay for the drug," Gaviria said.

"In many states in the United States, as is the case in California, they have begun to change federal policies with regard to tolerating marijuana for therapeutic purposes. And in Washington, there's some consensus that the current policy is fading," states Gaviria.

The Commission noted that the decades-old criminalization of personal consumption has failed to stop the plant's cultivation and distribution.

The 17-member panel worked on the report for a year and will forward it to all Latin American governments, as well as the United States and the European Union.

Source: CNN

Fastcase Webinar for the Maryland State Bar Association, February 18th


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 12pm EST on February 18th, 2009.


Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.

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


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 11am EST on February 17th, 2009.


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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.

Robert Half Legal, a California-based legal staffing division, analyzed thousands of job orders and placements managed by by its account executives nationwide to come up with the statistics.
Because competition is intensifying in the legal field and clients are pinching their pennies, law firms now need experienced, top notch lawyers to enhance their service offerings and to grow revenue.
These experienced attorneys are expected to make immediate contributions to building top rated practice groups.

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.

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South Korea Authorizes Coutry's First Mercy Killing

Earlier this week, a South Korean appeal court upheld a landmark ruling authorizing the country's first legal mercy killing. The South Korean court case comes at the tail end of the death of Eluana Englaro, a comatose accident victim at the center of a right-to-die drama gripping Italy.

The Seoul High Court allowed the termination of life-sustaining treatment for a 76-year-old woman who has been brain-dead for a year. However, the termination cannot be carried out due to a pending appeal by the hospital caring for her.

The high court said in a ruling "that the termination of life-sustaining treatments is feasible considering all citizens' rights to dignity under the constitution and self-determination."  The high court warned, however, against the abuse of the ruling in other cases. "Human life is sublime and it must be treated with utmost care in any circumstances," the high court said.

The ruling will only apply when a patient has no chance of recovery and medical treatment is limited to maintaining his or her brain-dead state. The hospital plans to take the case to the Supreme Court. Hospital authorities noted that in 2004 doctors were charged with aiding murder after they removed life support systems from a brain-dead patient on a request from relatives.

The woman in the present case was declared brain-dead in February last year after she sustained brain damage and fell into a coma while undergoing a lung examination. Three months later her children filed a court petition after the hospital rejected their request that she be allowed to die in peace and with dignity. The family claimed that extending life using medical devices would prolong her "painful and meaningless" existence.

Former Wisc. Mayor Pleads Not Guilty to Felonies (AP Video)

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

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 10am CST on February 10th, 2009. 
By attending our quick and informative webinar covering a wide range of legal research topics on the 10th you will earn one hour of CLE credit. Don't miss out!
Should you have any questions, contact customer service from 8am- 8pm EST at 866-773-2782 or by emailing us at support@fastcase.com. 

Wednesday, February 4, 2009

EU Threatens Legal Action Over Car Industry Bailout

The EU  threatened legal action and retaliatory measures against the US if the Obama administration enshrines a "Buy American" clause in its multibillion-dollar economic stimulus package.
India, Russia and other countries also threatened that they could take the US to the World Trade Organization for breaching treaty rules on government procurement.
The warning came just a day after Joaquín Almunia, EU economic and monetary affairs commissioner, pointed to "clearly protectionist measures" emanating from Washington. The EU ambassador to Washington has expressed similar concerns.
The European auto industry is demanding the right to join in the American loan guarantee scheme for General Motors and Chrysler and is requesting a €40bn (£36bn)EU scheme – in which GM and Ford, with European plants, would participate.
The most concerning clause of the stimulus package to the EU would require US firms to use local steel and other components in state-funded projects. Similar national measures have been adopted or considered in Argentina, China, Indonesia, Ecuador, India, Russia and Vietnam, putting them on a WTO surveillance list.
The German chancellor, Angela Merkel, told the World Economic Forum in Davos last week: "We must not allow market forces to be completely distorted. I'm wary of seeing subsidies injected into the US auto industry. That could lead to distortion and protectionism."

Fastcase Webinar for the Illinois State Bar Association, February 5th

Attention all ISBA 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 February 5th, 2009.
By attending our quick and informative webinar covering a wide-range of legal research topics on the 5th, you will earn .75 hours of MCLE credit including .75 hours of PMCLE credit. Don't miss out!
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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

It’s been a year since the Florida Supreme Court adopted rules mandating that jurors be allowed to take notes and ask questions in civil cases. A few Florida judges also allow jurors to question witnesses during criminal trials.
However, many judges and lawyers are still skeptical of allowing the practice in criminal cases because many juror questions  are wild cards in South Florida courtrooms .
''Some of the questions can come out of left field,'' acknowledged Miami-Dade Judge Circuit David Miller, who recounted the drunk vs. sober shooting anecdote from one of his criminal cases:
A Miami-Dade man, on trial for shooting his wife to death, took the witness stand and testified he was too drunk at the time to truly know what he was doing. The jury did not believe his story, so one juror asked, “So if you had been sober, would you have had better aim?” The man was found guilty.
But the flip side, Miller said, is that ``sometimes jurors ask questions the attorneys didn't even think to ask.''When it comes to resolving lawsuits, some judges say juror participation can lead to better verdicts.
''The object is to give the jury all the information to make the decisions,'' Broward Judge Ron Rothschild said. The better they understand what has been told to them, perhaps the better the verdict.''
But many judges who handle criminal cases are reluctant to allow juror questions in trials where the verdict implicates not just money -- but potentially life and death. Brian Cavanagh, Broward's chief homicide prosecutor stated, ''There is a real and present danger that I think everyone is aware of when jurors start asking questions.''  This is a serious concern since the jurors are not aware of rules of evidence that dictate what can and cannot be asked of witnesses.
The following is the process followed for juror questioning:
After each witness testifies, the judge asks jurors if they have questions. If so, the questions are written on individual sheets of paper and given only to the judge. The judge then determines -- with input from attorneys for both sides -- if the inquiry is allowable.
Then the witness is brought back to the stand and required to answer the approved questions.
''It's a whole new wild card that exists in every case,'' he said. ``A good lawyer has to pay attention to what the jury is asking.''

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


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 4pm EST on February 3rd, 2009.


Should you have any questions, contact customer support from 8am- 8pm at 866-773-2782 or by emailing us at support@fastcase.com.

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

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