MARK STEYN: "As Jonah and I have written here previously, 'climate
change' is not only a scientific scandal but also a massive
journalistic failure. . . . Like all the poodles of the environmental
beat, Margot O'Neill repeats those magic words 'peer review' every
couple of paragraphs like a talisman to ward off evil deniers. But, in
the course of invoking the phrase 'peer review', she never bothers to
look at whether the IPCC actually does it. By contrast, without
benefit of the resources of a national TV Posted on Monday, February 8, 2010 at 11:40 am

IN THE MAIL: From Matthew Bishop and Michael Green, The Road from
Ruin: How to Revive Capitalism and Put America Back on Top. Posted on Monday, February 8, 2010 at 11:40 am

FRANK TIPLER: Obama vs. Einstein. I really think you've got to leave
this one with Larry Tribe. Obama was just the research assistant. Just
don't let Tipler see my piece on the Supreme Court and Chaos Theory. .
. . Posted on Monday, February 8, 2010 at 11:40 am

It takes some chutzpah for a Village blogger like Jon Cohn to insist
that progressives clamor for the Senate health bill. Cohn writes: I
should probably reiterate what I've said before. Nobody--not the
president and not the members of Congress--are going to move if
progressives don't push for [the health bill]. That's where the real
shove has to start. Progressives have been marginalized and insulted
throughout the process. Many, if not most, do not care for the Senate
health bill. And now one of the people Posted on Monday, February 8, 2010 at 11:50 am

Matt Yglesias writes: I was on the radio yesterday, for example, with
a woman who said that the GOPÂ’s Medicare privatization plan would
save money by giving people vouchers to buy private insurance. [. . .]
[W]hat RyanÂ’s plan actually does is first privatize/vouchers
Medicare, and then “save money” by arbitrarily mandating that the
cost of the vouchers have to grow slower than the cost of health care.
In other words, with every passing year Ryancare vouchers get smaller
and smaller relative to the cost of Posted on Monday, February 8, 2010 at 11:50 am

The ACLU has released an issues brief arguing against the
criminalizing of the undocumented. It's both unlawful and harmful to
public policy. The use by states and localities of criminal laws to go
after undocumented immigrants simply for being undocumented is
generally unlawful, because the federal government has sole power to
regulate immigration. [More...] ...More important, the federal
government's decision to prosecute more immigration violations
criminally has diverted resources from prosecution of Posted on Monday, February 8, 2010 at 11:50 am

Is it too soon to start talking about who might become the next
Supreme Court justice? Granted, a vacancy doesn't exist right now, so
any discussion will, by its nature, trade in hypotheticals. Still,
behind the scenes, writes the WSJ's Jess Bravin, Democrats gearing up
for a possible vacancy are debating a fundamental issue: whether
President Barack Obama should appoint a prominent liberal voice while
their party still commands a large Senate majority, or go with someone
less likely to stoke Republican Posted on Monday, February 8, 2010 at 2:05 pm

Nary a week seems to pass these days when we're not reminded of just
how serious the Justice Department's taking allegations of foreign
corruption. Close off the heels of news of the "Catch 22″ sting, in
which nearly two dozen munitions and firearms executives were arrested
on foreign corruption charges comes another significant development
for the feds chasing alleged Foreign Corrupt Practices Act violations:
Britain's BAE Systems late last week reached settlements totaling
almost $500 million with the DOJ Posted on Monday, February 8, 2010 at 2:05 pm

The lede from an article out Sunday in the SF Chronicle reads as
follows: The biggest open secret in the landmark trial over same-sex
marriage being heard in San Francisco is that the federal judge who
will decide the case, Chief U.S. District Judge Vaughn Walker, is
himself gay. Interesting. So, what to make of this fact? According to
the article, folks aren't making much of it. Andy Pugno, general
counsel for the group that sponsored the Prop. 8 campaign, rebuffed
claims that his group might bring it up Posted on Monday, February 8, 2010 at 2:05 pm

Government Bytes (Official Blog of the National Taxpayers), Raising
the Penalty for Tax Protesters/Deniers: Under current law, the willful
failure to pay taxes is a misdemeanor. You could go to jail for up to
a year and pay a maximum fine of $25K (for individuals, $100K for
corporations) for each... Posted on Sunday, February 7, 2010 at 10:30 pm

Andrew W. Jones (Andrew W. Jones PC, Marietta, GA) has published Note,
FASB--The IRS's New Best Friend: How FIN 48 Affects the Taxpayer-IRS
Relationship and Potential Taxpayer Challenges, 25 Ga. St. U. L. Rev.
767 (2009). Here is the part of the Conclusion: Why is FIN 48 so
problematic? After... Posted on Sunday, February 7, 2010 at 10:30 pm

Charles Grant (University of Reading, Department of Economics) &
Winfried Koeniger (Queen Mary University of London, Department of
Economics) have published Redistributive Taxation and Personal
Bankruptcy in U.S. States, 52 J.L. & Econ. 445 (2009). Here is the
abstract: Personal bankruptcy regulation and redistributive taxes and
transfers vary considerably across... Posted on Sunday, February 7, 2010 at 10:30 pm

Original Article 02/07/2010 By AARON SANBORN A hearing on a proposed
law that would ban sex offender residency restrictions like those the
city of Dover once had is slated for Wednesday in the state House of
Representatives. Meanwhile, a bill proposing the opposite - to create
statewide residency restrictions - also is coming before lawmakers
Wednesday. House Bill 1484 would prohibit any political subdivision of
the state from adopting an ordinance or bylaw that restricts the
residence of a sex offender or Posted on Tuesday, February 9, 2010 at 8:50 am

Video Link "The best way to get a bad law repealed is to enforce it
strictly." - Abraham Lincoln Posted on Tuesday, February 9, 2010 at 8:50 am

Video Link "The best way to get a bad law repealed is to enforce it
strictly." - Abraham Lincoln Posted on Tuesday, February 9, 2010 at 8:50 am

Posted on Sunday, February 7, 2010 at 10:26 pm

Posted on Sunday, February 7, 2010 at 10:26 pm

Posted on Sunday, February 7, 2010 at 10:26 pm

"A serial litigant is believed to have earned thousands of pounds by
bombarding employers with claims of ageism simply because they used
the words 'school leaver' or 'recent graduate' in job advertisements."
Full story The Times, 7th February 2010 Source: www.timesonline.co.uk Posted on Tuesday, February 9, 2010 at 4:36 am

"Sikhs should be allowed to wear their ceremonial daggers - known as
Kirpans - to school and other public places, Britain's first Asian
judge has said." Full story BBC News, 8th February 2010 Source:
www.bbc.co.uk Posted on Tuesday, February 9, 2010 at 4:36 am

"The Department for Transport (DfT) is facing an 'intensive
investigation' over claims e-mails about the expansion of Heathrow
Airport were deleted." Full story BBC News, 7th February 2010 Source:
www.bbc.co.uk Posted on Tuesday, February 9, 2010 at 4:36 am

Last week, a federal civil rights lawsuit was filed in Richmond,
Virginia by five Christian evangelists some of whom were charged with
creating loud and disturbing noise for preaching at downtown First
Friday events and at a Christmas parade. Others were charged with
trespassing for preaching at the Watermelon Festival held in a
shopping area. The complaint (full text) in Craft v. City of Richmond,
(ED VA, filed 1/29/2010), charges that in the case of individual and
small group speech, the provisions Posted on Monday, February 8, 2010 at 3:24 pm

Britain's Judicial Complaints Office this week began an investigation
into Cherie Blair, wife of former Prime Minister Tony Blair. Ms.
Blair, who practices employment law under her maiden name, Cherie
Booth, also acts as a part-time judge in London. According to UAE's
The National today, Britain's National Secular Society filed a formal
complaint against Ms. Blair after she gave a suspended sentence to a
Muslim man who was charged with getting into an altercation over who
was first in line at a bank. Blair Posted on Monday, February 8, 2010 at 3:24 pm

Virtue Online today carries a report from the Feb. 1 Christian Post on
the struggle between two Anglican factions in Harare, Zimbabwe.
Controversy began in 2007 when Nolbert Kunonga, a supporter of
President Robert Mugabe's regime, accused the Anglican Province of
Central Africa of being pro-gay. Kunonga said he was withdrawing the
Diocese of Harare from the Province. He set up his own rival Anglican
province, appointed himself archbishop and claimed church property. A
High Court ordered the two factions to Posted on Monday, February 8, 2010 at 3:24 pm

The Court's recess continues until February 19, when the Justices will
meet for their next private conference. The next oral arguments are
scheduled for February 22. As we posted on Friday, the Washington
Legal Foundation holds its mid-Term evaluation of the Court this
Wednesday at 9:30 a.m in Washington, D.C. The schedule of merits
briefs due this week follows the jump. Wednesday, Feb. 10: Kawasaki
Kisen Kaisha v. Regal-Beloit Corporation (08-1553; 08-1554) -
respondents' brief Friday, Feb. 12: Lewis v. Posted on Monday, February 8, 2010 at 3:48 pm

Above the Law reports that Justice Thomas, discussing clerk hiring at
his Thursday talk at the University of Florida, contrasted his views
with those of his colleagues, whom he says mainly hire clerks from Ivy
League schools. "I don't believe they [Ivy League schools] have a
monopoly on intelligence," said Thomas. "I also don't believe they
have a monopoly on the best kids to clerk." Tony Mauro reports that
Thomas also praised Silvia Ibanez, an advocate from Florida who
represented herself, and, according Posted on Monday, February 8, 2010 at 3:48 pm

The following is an essay for our Race and the Supreme Court program
by Abigail Thernstrom, vice-chair of the U.S. Commission on Civil
Rights and adjunct scholar at the American Enterprise Institute. Ms.
Thernstrom is the author, most recently, of the book Voting Rights -
and Wrongs: The Elusive Quest for Racially Fair Elections. Northwest
Austin Municipal Utility District No. 1 v. Holder (NAMUDNO) was one of
the most anticipated cases of the 2008-2009 term. Civil rights
advocates had been in a state of Posted on Monday, February 8, 2010 at 3:48 pm

With all the discussion of the filibuster, including some evidence of
hypocrisy on the part of a certain allegedly anti-pork Senator from
Arizona, it occurs to me that the Democrats in Congress might consider
something to put the Republicans to the test: Propose an amendment
making the filibuster a constitutional rule. If the R's won't go for
it, reserving the right to eliminate it when control of the Senate
changes, then the D's should get rid of it now. If the states roundly
reject such an amendment, then Posted on Monday, February 8, 2010 at 11:25 am

The National Law Journal reports on the several class actions that
have been brought against Toyota in the wake of the gas pedal problems
and recalls. The lawsuits are consumer class actions that seek damages
for economic losses stemming from reduced value of cars subject to
this problem. It looks like the lawsuits are being filed state by
state with the expectation that they will then be consolidated as an
MDL. The lead plaintiffs in the lawsuits appear to be persons whose
cars actually experienced the gas Posted on Monday, February 8, 2010 at 11:25 am

Jack Balkin (among several other commentators) argues that we are in
the midst of an emerging constitutional crisis, over the rules and
norms of the Senate and the uses to which they are being put.* The
routine filibuster--in which the GOP speaks, acts, and is perceived as
controlling the Senate by having 41 out of 100 seats--was the start.
The latest is Sen. Richard Shelby (AL) placing holds on 80
executive-branch nominations unless several Alabama-earmarked projects
are restored in the budget. Another is Posted on Monday, February 8, 2010 at 11:25 am

These poll numbers were released earlier today by Rasmussen Reports
-- "an electronic publishing firm specializing in the collection,
publication, and distribution of public opinion polling information."
Game Day: 62% Plan To Watch Super Bowl XLIV Sunday, February 7, 2010
Sixty-two percent (62%) of Americans plan to watch the Indianapolis
Colts and the New Orleans Saints slug it out today in Super Bowl XLIV.
Thirty percent (30%) say they won't be watching the game in Miami,
according to a new Rasmussen Posted on Monday, February 8, 2010 at 5:49 pm

When Paul Arnold purchased a home from Gale Wilkins, the contract of
sale provided that the sewage disposal system was in good working
order. And an inspection, conducted prior to the closing, revealed no
problems. Several months later, after a sewage back-up occurred,
Arnold hired an engineer who was of the opinion the existing septic
system was inadequate. After the Essex County Supreme Court dismissed
Arnold's breach of contract and fraud claims, he appealed to the
Appellate Division, Third Department. Posted on Monday, February 8, 2010 at 5:49 pm

President Declares Major Disaster For The State Of New Jersey » More
Information on New Jersey Snowstorm WASHINGTON , D.C. -- The head of
the U.S. Department of Homeland Security's Federal Emergency
Management Agency (FEMA) Craig Fugate today announced that federal
disaster aid has been made available for the State of New Jersey to
supplement State and local recovery efforts in the area struck by a
snowstorm during the period of December 19-20, 2009. Federal funding
is available to State and eligible local Posted on Monday, February 8, 2010 at 5:49 pm

A federal court policy-making body is belatedly entering the internet
age by proposing that judges clearly inform jurors they must not
electronically discuss cases they are hearing. It's standard procedure
to inform jurors to remain mum and not conduct any research about the
case until a verdict. But recent gadget use by jurors has forced the
hand of the Judicial Conference of the United States, the
policy-making body of the federal courts. The model jury instructions
(.pdf) the Judicial Conference released Posted on Tuesday, February 9, 2010 at 2:01 am

Swedish investigators are probing a hacker U.S. authorities accuse of
unlawfully intruding into Cisco Systems, NASA's Ames Research Center
and NASA's Advanced Supercomputing Division, the authorities said
Monday. Philip Gabriel Pettersson, known in the hacking world as
"Stakkato," allegedly seized computer code that controls internet
traffic. After the 2004 breach of Cisco, the proprietary source code
for Cisco's IOS operating system was discovered on a Russian website.
Pettersson was indicted in the United Posted on Tuesday, February 9, 2010 at 2:01 am

Google is teaming up with the National Security Agency to investigate
the recent hack attack against its network in a bid to prevent another
assault, according to The Washington Post. The internet search giant
is working on an agreement with the controversial agency to determine
the attacker's methods and what Google can do to shore up its network.
Sources assured the Post that the deal does not mean the NSA will have
access to users' searches or e-mail communications and accounts. Nor
will Google share Posted on Saturday, February 6, 2010 at 4:16 pm

Over at the Faculty Lounge, Jacqueline Lipton asks whether audio books
are worth the candle. Meanwhile, Bainbridge links to a really boring,
but usefully concise, audio report on the SEC's proxy rules. It all is
a reminder that one way to manage a bit of knowledge acquisition in
the midst of all the rest of the multitasking is through one's iPod. I
can attest that there's nothing quite like a little 3 AM Niall
Ferguson or Jean Bethke Elshtain while walking a very small child up
and down a corridor. But as I Posted on Monday, February 8, 2010 at 11:48 am

On Friday, I attended and moderated a panel for an extremely
interesting Symposium at Brooklyn in honor of our former dean (and
Eastern District Court Judge) David G. Trager. The Symposium was
entitled, "Sharing the Blame: The Law and Morality of Punishing
Collective Entities." We heard from panels of psychologists and moral
philosophers in the morning. In the afternoon, I moderated a lively
roundtable discussion (with Jim Fanto, Len Orland and Peter Henning)
regarding some of the problems that arise in Posted on Monday, February 8, 2010 at 11:48 am

New Mexico is looking to hire a visitor to teach in our transactional
clinic in the Fall. The ad is below. My colleague, Nathalie Martin
(martin@law.unm.edu) would be happy to answer questions. The
University of New Mexico School of Law ("UNM") seeks a Visiting
Professor of Law to teach in its nationally-recognized clinical law
program during the fall of 2010. The candidate hired will teach and
supervise students in UNM's Business and Tax Clinic, who represent
clients involved with small businesses and Posted on Monday, February 8, 2010 at 11:48 am

It's an amazing world where a few clicks leads me from boingboing's
overly enthusiastic endorsement of what it calls 'Afrikaans rap-rave'
(check out the comments too), to this chilling, compelling,
greasy-sickening south african trash-rap (now taking the world by
storm to this pointless confection) to wikipedia's dry dissection of
bubblegum dance. Now if I could just decide which I more wish I had
never heard of… Update: To ice the cake, according to the folks from
South Africa in this comment thread, Die Posted on Monday, February 8, 2010 at 11:28 am

Snowpocalypse With Soundtrack Yes, it's a Baltimore weather forecast,
but it's right next door…. Posted on Monday, February 8, 2010 at 11:28 am

I, for one, salute our new South Florida blog overlords. Posted on Monday, February 8, 2010 at 11:28 am

Here are a few recent tidbits that deserve Grits readers' attention:
Dallas constables' ongoing fiasco At the Dallas News, Ed Timms and
Kevin Krause have the story of a deputy constable with a checkered
past accused of committing several felony crimes, including
"unauthorized use of two motor vehicles, tampering with government
records and coercing two women into performing sexual acts instead of
arresting them on outstanding warrants." (UPDATE 2/8: See a followup
story.) Meanwhile his blustering boss Posted on Monday, February 8, 2010 at 10:53 pm

In 1993, Texas set the current threshold for felony theft at $1,500
for a state jail felony - below that, theft receives misdemeanor
charges that don't involve state prison time. The jump to the next
offense category is quite significant - someone must steal more than
$20,000 to be charged with a third degree felony. However, adjusting
for inflation, $1,500 in 1993 amounts to $2,208 in 2008 dollars.
Indeed, "if you were to buy exactly the same products in 2008 and
1993, they would cost you $1500 and Posted on Monday, February 8, 2010 at 10:53 pm

I said from the get-go that the search warrant used to get on the YFZ
Ranch property in Eldorado back in 2008 was overbroad, based on lies,
and that evidence derived from the Great Eldorado Polygamist Roundup
should be suppressed in criminal court. Now an Arizona judge has
concluded the same thing after prosecutors there tried agreed not to
introduce evidence against polygamist "prophet" Warren Jeffs
discovered as a result of information seized during the raid. In
Arizona, at least, such evidence will be Posted on Monday, February 8, 2010 at 10:53 pm

Orly Lobel, who recently learned that she had been named a Herzog
Endowed Scholar, now has been awarded a Robert Wood Johnson Foundation
grant. The grant is one of fifteen new research grants bestowed
nationally by the Public Health Law... Posted on Monday, February 8, 2010 at 8:13 am

Yesterday, the NLRB's Chairwoman, Wilma Liebman released a statement
on the nomination of Craig Becker (and the other nominees) to the
Board. Here it is: I am disappointed that we still do not have a fully
constituted Board despite the... Posted on Monday, February 8, 2010 at 8:13 am

Ellen Dannin (Penn State) has just posted on SSRN her article
(forthcoming U. San Francisco L. Rev.) Hoffman Plastics as Labor Law -
Equality at Last for Immigrant Workers? Here's the abstract:Hoffman
Plastics, the poster child of immigration gone wrong,... Posted on Monday, February 8, 2010 at 8:13 am

A great story. And if you haven't read The Endurance, you should.. Posted on Monday, February 8, 2010 at 12:00 pm

Mark Steyn reviews the president's spending plans.. Posted on Monday, February 8, 2010 at 12:00 pm

I began the morning with Arianna Huffington on CNN's Reliable Sources.
Much time was spent on Arianna's favorite whipping boy, Fox News,
though host Howard Kurtz was as always an excellent guarantor of equal
time. I... Posted on Monday, February 8, 2010 at 12:00 pm

DOJ Press Release, Two New Jersey Executives Each Sentenced to 27
Months in Jail for Roles in Nationwide Scheme to Defraud the Federal
E-Rate Program Celestine Bohlen, Bloomberg, German Bounty Tears Veil
Off Swiss Secrecy: Edmund H. Mahony, Hartford Courant,... Posted on Monday, February 8, 2010 at 10:50 am

Amanda Bronstad, NLJ, law.com, Judge Tosses Remaining Broadcom
Charges, Finds 'Serious Problems' in SEC Complaint John Pacenti, Daily
Business Review, Law.com, Rothstein Pleads Guilty to All Counts in
$1.2 Billion Ponzi Scheme; Paul Brinkmann & Susan R. Miller, South
Florida... Posted on Wednesday, February 3, 2010 at 6:55 am

Judge Posner (7th Circuit) offers a stinging opinion for Former
Chicago Alderman Eddie Vrdolyak. (see decision here) Vrdolyak plead
guilty to conspiracy to commit mail and wire fraud and received a
sentence of five years probation.(see here) The government appealed... Posted on Wednesday, February 3, 2010 at 6:55 am

The government of South Australia has recently adopted a law that
requires people commenting on the forthcoming state election to use
their real names, and media will have to retain the names and
addresses for six months. The requirement appears to apply to bloggers
and comments on blogs etc. Unsurprisingly, not everyone likes this. Is
it fair to say that requiring people to give their real names is a
"gag" on debate? Would the Canadian Charter of Rights and Freedoms
prevent such a law in this country? In Posted on Sunday, February 7, 2010 at 5:47 pm

A 5-member panel of the Ontario Court of Appeal released a
significant, 150-paragraph reasoned decision this morning involving
conflicts of laws and when Ontario should take jurisdiction over
out-of-province defendants - see: Van Breda v. Village Resorts
Limited, 2010 ONCA 84
http://www.ontariocourts.on.ca/decisions/2010/february/2010ONCA0084.htm
At issue were claims for personal injury damages occasioned as a
result of accidents suffered by Canadian tourists at resorts in Cuba
and whether the plaintiffs Posted on Sunday, February 7, 2010 at 5:47 pm

Back in November John Gregory wrote about Dealing with Digital Assets
After Death and a New York Times article quoting Montreal marketing
consultant Adele McAlear. Adele happens to be a friend, so I took the
opportunity to speak with her in detail about the topic on behalf of
Slaw readers. Our full interview (held in December) is below. Since
that time, she has launched her new website DeathandDigitalLegacy.com
to better track this wide-ranging subject. Adele will also be speaking
on "Death and Digital Posted on Sunday, February 7, 2010 at 5:47 pm

"If you just can't get enough of personal injury ads on daytime TV,
then Bott & Co solicitors has launched a new iPhone application
designed to win compensation should you suffer a car crash or
'incident.' Would be claimants will... Posted on Monday, February 8, 2010 at 12:47 pm

The veteran California political columnist describes what the governor
is trying to do, but offers this blunt assessment: "Don't hold your
breath. The Legislature's Democratic majority is symbiotically welded
to the trial bar." [Sacramento Bee first, second columns via Pero,... Posted on Monday, February 8, 2010 at 12:47 pm

Another suspected toxic-exposure cluster goes the way of the Long
Island breast cancer scare and many other epidemics-that-weren't
[Boston Globe via Fumento/CEI]... Posted on Monday, February 8, 2010 at 12:47 pm

A Lethal Obsession: Anti-Semitism from Antiquity to the Global Jihad
by Robert S. Wistrich is a "vast and important book," writes Jeffrey
Herf in the New Repubic's The Book. It is "the most comprehensive
account in print of the history of anti-Semitism since 1945 in Europe,
the Middle East, and Iran."1492: The Year Our World Began by Felipe
FernándezArmesto is a "convincing history," writes Posted on Tuesday, February 9, 2010 at 3:16 am

The Gilder Lehrman Institute of American History has been posting a
series of lectures by Larry Kramer, Stanford Law, which he delivered
during a week-long course for school teachers sponsored by the
Institute in July 2009. The Institute got up to the seventh lecture
before I noticed. Presumably the rest are forthcoming.The seventh
lecture, Changes to Supreme Court Doctrine in the 1930s, is Posted on Tuesday, February 9, 2010 at 3:16 am

'The Examination of Everything' - Royal Commissions in British Legal
History has just been posted by Barbara Lauriat, University of Oxford.
It is forthcoming in the Statute Law Review. Here's the
abstract:Walter Bagehot asserted the necessity for British government
to investigate as well as act: '[t]he great maxim of modern thought is
not only the toleration of everything but the examination of Posted on Tuesday, February 9, 2010 at 3:16 am

The British Library plans to make more than 65,000 19th century works
of fiction available as free downloads for the public this spring. Posted on Monday, February 8, 2010 at 12:46 pm

Finnish Member of the European Parliament Heidi Hautala has added her
voice to the concerns over ACTA, calling for greater transparency. Posted on Monday, February 8, 2010 at 12:46 pm

The UK Digital Economy Bill is facing mounting criticism, as an
influential group of MPs has expressed concern the bill may violate
human rights. Posted on Monday, February 8, 2010 at 12:46 pm

Largely premised on the unanimous Brown v. Board of Education
decision, which galvanized the civil rights movement, the U.S. Supreme
Court's reputation for protecting minorities' rights is not often
challenged. But, according to Harvard Law Professor Michael Klarman,
that conventional wisdom is a myth. In "Has the Supreme Court Been
Mainly a Friend or a Foe to African Americans?" at SCOTUSblog, Klarman
argues that, over the course of its history, the Court has repeatedly
proven to be "regressive force on Posted on Saturday, February 6, 2010 at 1:11 am

Attorney General Eric Holder joined the Obama administration's
counterattack on the handling of Umar Farouk Abdulmutallab, who
allegedly attempted to bomb a flight landing in Detroit on Christmas
Day. The volley began when critics accused the administration of
ignoring national security in favor prosecuting Abdulmutallab in a
domestic court. They argued that this was evidenced by detaining
Abdulmutallab as a criminal, not as an "enemy combatant." The Attorney
General, a former member of the ACS Board of Posted on Saturday, February 6, 2010 at 1:11 am

Dawn Johnsen's nomination to lead the Justice Department's Office of
Legal Counsel (OLC) was delayed again by the Senate Judiciary
Committee this morning. Johnsen, a former member of the ACS Board of
Directors, was first announced as President Obama's OLC nomination in
January 2009. After prior support of the Senate Judiciary Committee,
Johnsen's nomination spent the better part of 2009 -- a year of
unprecedented obstruction -- languishing on the Senate floor without a
vote. The New York Times and The Wall Posted on Saturday, February 6, 2010 at 1:11 am

They're invoking laws against wiretapping, which you might naively
think were passed to protect the people from the authorities, not vice
versa, [Boston Globe/Daniel Rowinski, New England Center for
Investigative Reporting; Radley Balko, Reason "Hit and Run"] Now
lawyer Simon Glik, who was arrested for recording an arrest, is suing
three cops and the city [NLJ] Tags: Boston, police, telecommunications
Related posts U.K.: "Disability discrimination risk for council suing
former MD" (0) "Author of Racist Posted on Monday, February 8, 2010 at 3:11 pm

Wronged wife loses suit under California "Drug Dealer Liability Act"
(DDLA) against mistress who supplied crack cocaine to husband [OnPoint
News] "D.C. Circuit to Former Judge in Pants Lawsuit: Follow the
Rules" [NLJ, more, earlier] "Law firm demands retailer destroy all
copies of Olivia Munn comic, retailer refuses" [BoingBoing, HeavyInk,
earlier on TJIC] Can't find jury for tobacco trial: "Lawyers excused a
woman who said people have no right to sue over diseases that are
disclosed on the warning label of Posted on Monday, February 8, 2010 at 3:11 pm

"No actual kookaburras could be reached for comment, as they were too
busy engaging in howls of derisive laughter at these litigious
humans." [George Wallace, A Fool in the Forest, earlier] Tags:
Australia, copyright, music and musicians Related posts Kookaburra
sits on his royal-tee (8) Archived media law & free speech items,
pre-July 2003 (0) Why there aren't DVDs of some of your favorite old
TV series (29) Untraceable - but still under copyright (0) Toddler
dancing home video (0) Posted on Monday, February 8, 2010 at 3:11 pm

On June 30, 2008, Nebraska Beef, Ltd., an Omaha-area beef processor,
recalled approximately 531,707 pounds of ground beef products because
the meat was potentially contaminated by E. coli O157:H7. On June 24,
2008, the CDC announced an outbreak of E. coli O157:H7 illnesses among
24 residents of Michigan and Ohio. The next day, the CDC announced
that the number of outbreak linked cases had grown to 32, and that
ground beef sold at Kroger stores, the Cincinnati based grocery chain,
was the likely outbreak Posted on Tuesday, February 9, 2010 at 10:37 am

Daniele International Inc., an establishment with operations in
Pascoag and Mapleville, R.I., is now recalling approximately 1,263,754
pounds of ready-to-eat (RTE) varieties of Italian sausage products,
including salami/salame, in commerce and potentially available to
customers in retail locations because they may be contaminated with
Salmonella, the U.S. Department of Agriculture's Food Safety and
Inspection Service (FSIS) announced today. FSIS became aware of the
problem during the course of an ongoing Posted on Sunday, February 7, 2010 at 1:04 am

For readers here, and those who saw the Washington Post article, who
have followed Linda and her family's struggle with E. coli O157:H7,
the report that I received late yesterday from her brother-in-law is
heartbreaking. It seemed only a few days ago that there was talk about
her leaving the hospital (where she has been since May 2009) and
starting rehabilitation. There was hope that both her ventilator tube
and feeding tube were being removed. There was a dream that she might
one day go home. Now this: Posted on Sunday, February 7, 2010 at 1:04 am

Will be on a short blogging hiatus - discovering Costa Rica. Posted on Saturday, February 6, 2010 at 11:27 am

Provided for your review/use is this week's snapshot update of key
industry news and views highlighting key electronic discovery related
stories, developments, and announcements. eDiscovery News Context for
Applying Discovery 2009 e-Discovery Technology Trends -
http://bit.ly/5zbNEU A World of Connections http://bit.ly/9Vqexm
Caskey on Proportionality and the New Ontario Discovery Rules -
http://kuex.us/6f37 Considerations for In-Sourcing and Outsourcing
E-discovery (Legal Tech Session Report) - Posted on Wednesday, February 3, 2010 at 11:34 pm

Check out this SlideShare Presentation: LegalTech 2010 Overview -
Applied Discovery View more presentations from Rob Robinson. Posted on Sunday, January 31, 2010 at 9:33 pm

As might be expected, the number of lawsuits over Toyota vehicles has
grown sharply. According to a Bloomberg news report, several different
groups of plaintiffs have filed at least 29 suits in California, Texas
and South Carolina. It is likely that, as the suits advance and others
are filed, the U. S. suits will be combined before one court to
oversee the pre-trial discovery process. As of this point, there are
also at least 10 lawsuits brought by individuals claiming deaths or
injuries caused by the Posted on Monday, February 8, 2010 at 3:28 pm

It seems as though laws banning handheld devices and texting while
driving are not producing expected results, according to a latest
study released. Findings from the Highway Loss Data Institute show
that crash/accident rates did not go down before and after distracted
driving laws were enacted in California, New York, Connecticut and
Washington, D.C. In fact, the study also found no change in patterns
compared with nearby states without such bans. The Associated Press
reports that the new study raises just Posted on Saturday, February 6, 2010 at 5:28 am

The Kansas electric company Westar Energy Inc. recently announced that
it has settled a federal lawsuit over air quality regulations in the
Clean Air Act. According to Reuters, the company has agreed to spend
$500 million dollars to help reduce air pollution from their Kansas
coal-fired electric generating plant at the company's Jeffrey Energy
Center near St. Marys, Kansas. The money will be spent to install
pollution control equipment at its Jeffrey Energy Center, which is
aimed at reducing sulfur dioxide Posted on Saturday, February 6, 2010 at 5:28 am

I'm still shuddering. I was supposed to appear on Fox Business Live (a
streaming version of Fox Business) to discuss the IP aspects of
Google's dispute with China. Then this morphed into 'the IP aspects of
Secy of State Clinton's Internet Freedom speech' (which was a very
good speech even though there was little to do with IP). Then we're
live on the air and the anchor asks me about the Bank of China
lowering interest rates. As I launch into it, I'm thinking "did he
just ask me about interest rates?" To my Posted on Saturday, February 6, 2010 at 12:36 am

Law Firm reprented Plaintiff in a prior trademark litigation.
Plaintiff sues Defendant, one of Law Firm's other clients, and Law
Firm is retained to represent Defendant. Plaintiff moves to disqualify
Law Firm arguing that either (1) Law Firm concurrently represents
Plaintiff as a result of the prior litigation; or (2) this suit is
substantially related to the prior litigation and Law Firm obtained
confidential information about Plaintiff relevant to the current
litigation. Held: 1. This is not a concurrent Posted on Saturday, February 6, 2010 at 12:36 am

Trademark Nation: Who Dat Who Own Who Dat? Posted on Saturday, February 6, 2010 at 12:36 am

U.S. District Judge Saundra Brown Armstrong has ruled that new
hearings must be held in the 30-year-old capital case against Marvin
Pete Walker, Jr., a Santa Clara County resident. Walker, who was
convicted of killing a 15-year-old in a botched armed robbery attempt,
appealed on the basis of ineffective counsel. Judge Armstrong agreed
that he had at least raised doubts sufficient enough to warrant new
inquiries, according to Mercury News. State prosecutors insist Walker
got a fair trial, but Judge Posted on Monday, February 8, 2010 at 3:00 pm

The Bar Associate of San Francisco, and over 70 other organizations,
is protesting President Obama's nomination of a Sacramento-area
attorney to the board of Legal Services Corp., an agency responsible
for overseeing federal legal aid programs that subsidize lawyers for
the poor. The protesting bodies say that nominee Sharon Browne has
spent much of her 25-year career working to undermine the very legal
aid programs she could now be overseeing, if the Senate confirms her
nomination. From SFGate's story: Posted on Saturday, February 6, 2010 at 5:03 am

In response to widespread criticism of Carly Fiorina's bizarre new
Senate ad, the campaign has seemed to take a "Duh, that's why we made
it" approach to dealing with the now-viral video that features robotic
sheep and a trippy Darth Vader-esque voice over. According to
spokeswoman Julie Soderlund, who spoke with the LA Times blog
PoiltiCal via email: "... the Democrats are all out there attacking
the video which is both predictable and fine by us since the more
people talk about it, the more people watch Posted on Saturday, February 6, 2010 at 5:03 am

Well, we're more than half way through the work week. The total number
of posts today? 110. Not too bad. We have a few posts from some of the
frequent contributors to the roundup: Daniel Schwartz, Max Kennerly
and David Oxenford. Schwartz chimes in from LegalTech and Marylee
Abrams responds to his post. Child Labor Penalties Increased for
Violations that Cause Death or Serious Injury - New York lawyer
Douglas Weiner of EpsteinBeckerGreen on the firm's Prima Facie Law
Blog Pennsylvania's Cell Phone Driving Posted on Saturday, February 6, 2010 at 4:33 am

139 posts on the LexBlog Network today and some really great content
in today's top ten. Richard Renner of the Whistleblower Protection
Blog has a good post on Howard Zinn, founding Board member of the
National Whistleblowers Center. Chuck Peterson has a post on an
attorney who won a $31 million settlement for a drunk driving victim
and some insight on how he did it. Good stuff. Florida's Statutory
Fix: Race To Clean Up Congress' Estate Tax Mess - Miami attorney Juan
Antunez of Stokes McMillan Maracini Posted on Saturday, February 6, 2010 at 4:33 am

We have five launches in total this week with topics covered ranging
from construction law to human resources to employment and human
rights to oil and gas evaluation to nano and clean technology. Whew, a
lot. Whether these blogs cover your area of expertise or not, feel
free to drop in and take a look, maybe leave a comment if you feel so
inclined. Toronto lawyer Lisa Stam authors Employment & Human
Rights in Canada. One of the reasons Lisa decided to start the blog
was that social media in the Posted on Saturday, February 6, 2010 at 4:33 am

Yesterday Luce Forward announced several leadership changes,
including four in San Diego. Partner Dennis Doucette will now serve as
co-chair of the firm's business/corporate practice group with Rick
Frimmer. Dennis Doucette practices in corporate, securities, mergers
and acquisitions, corporate and venture financing. His mergers and
acquisitions experience includes representation of buyers and sellers
in mergers, stock and asset purchases, management buyouts, and related
transactions. Rick Frimmer has over Posted on Sunday, February 7, 2010 at 2:34 am

Late yesterday afternoon, the Department of Justice said in a brief
that it still had objections to the so-called Google Books Settlement,
despite changes both parties have made. The DOJ, while commending both
parties for their progress, still had copyright and judicial process
concerns with regards to the way the settlement stands now. The long
running case has run into objections from several corners, from
consumer advocacy organizations to scholars. Details at the LA Times
blog here. Celebrating this Posted on Sunday, February 7, 2010 at 2:34 am

The U.S. Securities and Exchange Commission has voluntarily dropped
its civil case against four former executives of Broadcom Corp.,
including its former general counsel, David Dull. Filed last year, the
SEC's suit had named former CFO William Ruehle and co-founders Henry
Nicholas and Henry Samueli, in addition to Dull. On Dec. 15, U.S.
District Judge Cormac Carney dismissed criminal charges against
Nicholas and Ruehle, based in large part on prosecutorial misconduct.
In a notice of intent not to proceed Posted on Sunday, February 7, 2010 at 2:34 am

The oral argument of all of the pending motions in SONY BMG Music
Entertainment v. Tenenbaum has been adjourned to February 23rd, at
3:15 PM: Judge Nancy Gertner: Electronic ORDER entered GRANTING [35]
JOINT Motion to Continue Mtn Hearing....motion hearing reset from
2/16/10 to 2/23/10 at 3:15pm in ctrm #2, 3rd floor. Hearing will be
held on MOTION for New Trial or Remittitur (Civ. Act. No. 07-cv-11446,
document #26), and all pending motions. (Molloy, Maryellen) Keywords:
lawyer digital copyright law online Posted on Tuesday, February 9, 2010 at 1:39 am

In SONY BMG Music Entertainment v. Tenenbaum, the RIAA has filed its
opposition papers. RIAA's memorandum in opposition [Ed. note. As is
their habit, and as their friends at the Department of Justice did as
well, the RIAA's lawyers have ignored (a) all but one of the leading
cases, (b) all of the leading law review articles and other
scholarship, and (c) the actual contents of the Supreme Court's
decisions. Fortunately these are contained in the amicus curiae brief
we filed last year on behalf of the Free Posted on Tuesday, February 9, 2010 at 1:39 am

In SONY BMG Music Entertainment v. Tenenbaum, the Judge has scheduled
oral argument of all of the outstanding motions for February 16th, at
9:30 AM. ELECTRONIC NOTICE of Hearing on [26] MOTION for New Trial or
Remittitur (Civ. Act. No. 07-cv-11446, document #26), and all pending
motions, including, Plaintiffs' Motion for Costs and Fees Under Rule
37(a)(5) (Civ. Act. No. 03-cv-11661, document #851); Plaintiffs'
Motion to Compel Defense Counsel to Cease Unauthorized Recording
Activities, to Cease Publication Posted on Thursday, February 4, 2010 at 4:17 am

Most people know what Title Nine entails. At least generally. So much
so that even the women's apparel manufacturer with that name gets a
nod in Judge Berzon's published opinion. (Which, I might add, would be
a good way to create future judicial income through paid product
placement mentions.) But to see how a Title Nine case actually
progresses, as well as for a pretty good history of women's sports at
U.C. Davis, check this one out. This is a darn solid pro-plaintiff
opinion. Not many caveats. Sure, we're Posted on Monday, February 8, 2010 at 11:13 pm

Judge Kleinfeld does a good job of making this somewhat complicated
bankruptcy case clear, and writes concisely and persuasively. But I'll
give a shot at writing something even shorter. "When you're Chase
Manhattan Bank, and you refi a loan, make sure you record the deed of
trust. If you inexplicably forget this extremely important task, and
the debtor files bankruptcy, your bad. Get in line." I think that's
about right. Posted on Saturday, February 6, 2010 at 1:30 pm

Sometimes being smart is a bad thing. Here, for example, Oakland
attorney Jeremy Friedman files a potentially lucrative qui tam suit
against Catholic Heathcare West, alleging that a big federal grant
that scientist Michael Berens got from the NIH to study brain cancer
in beagles was based upon false statements. Friedman litigates the
case for many years, including a successful appeal before the Ninth
Circuit that gets the case remanded back down, only to see summary
judgment granted against his client. So Posted on Saturday, February 6, 2010 at 1:30 pm

Image via Wikipedia Mr. Schoemaker and Mr. Dennis Yu have been making
up stories about each other. Mr. Schoemaker accuses Mr. Yu of being a
confidence criminal. "A couple days ago I posted my personal story
with Dennis Yu. The post I wrote was the longest post ever written on
ShoeMoney.com. Over 4,000 words. This guy is a very dangerous person
and I wanted to tell the entire story in as much detail as possible
even if some of it was really embarrassing to me. You CAN'T give con
men any room to go anywhere Posted on Tuesday, December 22, 2009 at 11:17 pm

Image via Wikipedia From the FTC Press Release on Commerce Planet's
deceptive negative option plan. An online marketer of purportedly
"free" Internet auction kits, which automatically charged unwitting
consumers $59.95 a month for enrollment in an "online supplier"
program for Internet auctions, has agreed to settle Federal Trade
Commission charges that its actions violated federal law. The separate
proposed court settlements with the company and two of its former
executives bar them from similar deceptive Posted on Tuesday, December 22, 2009 at 11:17 pm

Image by thinkpanama via Flickr From the SEC press release on the Cook
and Kiley ponzi scheme. The SEC alleges that from at least July 2006
through at least July 2009, Cook and Kiley, through the Defendant
Companies, raised at least $190 million from at least 1,000 investors
through the sale of unregistered investments in a purported foreign
currency trading venture by misrepresenting that they would deposit
each investor's funds into a separate account in the investor's name
to trade in foreign currencies Posted on Tuesday, December 22, 2009 at 11:17 pm

Now we've got Fred Meyer stores on TV telling us to use reusable bags
for our groceries, because "it's the right thing to do." It is the
exact same slogan that we get in stickers on our recycling and yard
debris bins from the City of Portland: "It's the right thing to do."
This particular saying is starting to stick in my craw. At our house
we recycle, compost, and do everything we can to respect the planet.
If you'd like to remind me of the ecological pro's and con's of
various consumer choices, that's Posted on Tuesday, February 9, 2010 at 3:38 am

We've known for years that when somebody steals a vehicle in Portland,
the city authorities don't seem to care much. How about 30 vehicles?
I'll bet they still won't lift a finger. Maybe the state will figure
it out. Posted on Tuesday, February 9, 2010 at 3:38 am

Portland city commissioner Dan "Legend" Saltzman did what he does
best today -- he showed up and sat there. It was at the funeral of the
unarmed man who was shot in the back and killed by Portland police
last week. Saltzman's appearance was a nice gesture, to be sure --
better than you'd get in similar circumstances from Katz, Adams,
Leonard, or Potter -- but as the farcical grand jury proceedings and
three-year fake internal "investigation" into the shooting proceed,
don't expect any actual action from Posted on Tuesday, February 9, 2010 at 3:38 am

Janurary 21, 2010 Supreme Court Minutes (CLICK HERE FOR ENTIRE
MINUTES) Decisions: 1-24 Total: 24 Published: 14 Displinary Cases
(published): 7 (however the 8th was not published re a reinstatement
to practice law and a 9th dealt with a fine for failure to comply with
CLE) Rehearing motions: 2 of 9 motions for rehearing Granted
Discretionary Review Motions: Motions granted: 11 Denied: 45 (11/55)
Running Tally for 2010 PUB/NPO Ratio: 14 of 24 published Motions for
rehearing - 2 of 9 grants MDR Posted on Tuesday, January 26, 2010 at 12:04 am

Muncy v. Commonwealth 2008-CA-001814 11/20/09 2009 WL 3878086 Opinion
by Judge VanMeter; Judge Nickell and Senior Judge Lambert concurred.
The Court affirmed a final judgment of the circuit court sentencing
appellant to ten years' imprisonment for two counts of first-degree
trafficking in a controlled substance. The Court held that appellant
was not denied due process of law when the trial court permitted a
detective who testified for the Commonwealth to assist in replaying
portions of recordings during Posted on Friday, January 22, 2010 at 11:21 pm

Kentucky Retirement Systems v. Robb 2009-CA-000437 11/25/09 2009 WL
4060881 Opinion by Judge Dixon; Judges Clayton and Thompson concurred.
The Court affirmed a decision of the circuit court reversing a
decision of the Kentucky Retirement Systems denying an employee's
application for disability retirement. The employee preschool bus
driver was unable to renew her Commercial Driver's License because of
mobility issues related to bilateral osteoarthritis of the knees. The
Court held that, although the trial Posted on Friday, January 22, 2010 at 11:21 pm

BY TIM CARPENTER Created March 16, 2009 at 1:48pm Updated March 16,
2009 at 10:15pm Bill sent back to committee after three-hour Senate
debate A bill repealing the death penalty in Kansas was shoved back
into a Senate committee Monday after a three-hour debate that left
proponents and opponents of capital punishment unsatisfied. The drama
pulled Kansans traumatized by a family murder into rival lobbying
campaigns for the first substantial legislative effort to drop the
death penalty since reimposition of Posted on Friday, January 22, 2010 at 11:58 pm

The Associated Press TOPEKA Legislators have scheduled hearings this
week to review the cost and effectiveness of Kansas' death penalty
law. The Senate Judiciary Committee begins its work Tuesday. A bill
was debated last year that would have prevented new death sentences
after July 1, 2009, but the bill was sent back to committee for more
work. Kansas enacted its death penalty law in 1994, but there have
been no executions since it took effect. Many legislators say there
appears to be little chance that the Posted on Friday, January 22, 2010 at 11:58 pm

The Supreme Court on Tuesday threw out a court ruling that invalidated
a former Black Panther's death sentence for killing a Philadelphia
police officer in 1981, one of two rulings it issued that reversed
actions by lower courts. The first move was the latest twist in Mumia
Abu-Jamal's racially tinged case that has drawn international
attention. The justices ordered the 3rd U.S. Circuit Court of Appeals
in Philadelphia to take another look at Abu-Jamal's claim that the
jury weighing his punishment was given Posted on Friday, January 22, 2010 at 11:58 pm

As part of our Terms of Ab(use) project, we pay close attention to the
fine print of online agreements for provisions that are potentially
dangerous to consumers. We've noticed a troubling change in the way
event planners restrict the rights of individuals who attend their
shows. Where once these limitations had to fit on the back of a
ticket, increasingly event organizers have moved their fine print
online, where they are able to use even more contract law to avoid the
limits of trademark and copyright law Posted on Monday, February 8, 2010 at 12:59 pm

San Francisco - The Electronic Frontier Foundation (EFF) has won
reexamination of an illegitimate patent on voice-over-Internet
protocol (VoIP) that could cripple the adoption of new VoIP
technologies. A company named Acceris Communications Technologies, now
C2 Communications Technologies, was awarded the bogus patent for
hardware, software, and processes for implementing VoIP using analog
telephones as endpoints -- covering many telephone calls made over the
Internet. EFF and the law firm Fenwick & Posted on Monday, February 8, 2010 at 12:59 pm

Philadelphia - The Electronic Frontier Foundation (EFF) will be
arguing this Thursday before the U.S. Court of Appeals for the 3rd
Circuit in Philadelphia, urging the court to block a government
attempt to seize telephone company records detailing a cell phone
user's past locations without first getting a search warrant. EFF is
serving as a friend of the court or "amicus," joined by co-amici the
ACLU, the ACLU of Pennsylvania, and the Center for Democracy &
Technology. Professor Susan Freiwald of the Posted on Monday, February 8, 2010 at 12:59 pm

A state and federal investigation of the California company linked to
2009's pepper Salmonella outbreak that sickened 87 people in five
states found unacceptably dirty conditions and a veritable hot zone of
Salmonella Rissen. According to a U.S. Food and Drug Administration
report obtained by national food safety law firm Pritzker Olsen, Union
City-based Union International Food Co. was filthy with bacteria
matching the outbreak strain of Salmonella. The outbreak started in
September 2008 and grew to Posted on Friday, February 5, 2010 at 12:32 pm

Black pepper from two different suppliers to Daniele Inc. was
contaminated with Salmonella, leading investigators to conclude now
that pepper coatings are the probable cause of a nationwide salami
Salmonella Montevideo outbreak. The confirmation came from the Rhode
Island Health Department. The two pepper suppliers -- Mincing Oversees
Spice Company and Wholesome Spices -- imported black pepper from the
same source. "These recent findings show that black pepper used during
the manufacturing process at Posted on Friday, February 5, 2010 at 12:32 pm

For the third time since January 23, a Rhode Island salami maker
considered to be the cause of a nationwide outbreak of Salmonella
Montevideo has announced a recall of its pepper salame products. The
two additional Daniele Inc. products weighing a total of 23,754 pounds
were recalled after the Rhode Island Department of Health cited pepper
salami coatings as the probable cause of the outbreak that has
sickened 207 people in 42 states and the District of Columbia.
Inspectors founds the outbreak strain of Posted on Friday, February 5, 2010 at 12:32 pm

In 2008, the UK had approximately 130,000 lawyers according to an
article in Law Bus. Rev., Winter 2009 at 54. By some estimates, the
same year the US had somewhat more than a million practicing lawyers.
Other estimates suggest that... Posted on Tuesday, February 9, 2010 at 12:48 am

One of the common steps to reduce the costs of outside counsel assumes
that inside lawyers can segment matters into those that deserve
high-priced talent, those that have more modest demands suitable for
mid-tier firms, and those that bump along... Posted on Tuesday, February 9, 2010 at 12:48 am

As more legal departments bring inside the software and expertise to
handle e-discovery, general counsel and their IT colleagues may want
to consider work-flow management software designed for that task. KM
World, Feb. 2010 at 15, mentions three offerings: iFramework... Posted on Tuesday, February 9, 2010 at 12:48 am

Elder Law Teaching and Scholarship: An Empirical Analysis of an
Evolving Field Nina A. Kohn Syracuse University - College of Law
Edward D. Spurgeon University of the Pacific (UOP) - McGeorge School
of Law Journal of Legal Education, Vol. 59,... Posted on Monday, February 8, 2010 at 7:48 am

Gene variants that might show how fast people's bodies are actually
aging have been pinpointed by scientists. Researchers from the
University of Leicester and Kings College London say the finding could
help spot people at higher risk of age-related illnesses.... Posted on Monday, February 8, 2010 at 7:48 am

The Administration on Aging, along with a number of non-profit
organizations, has created a new legal resource web site that is
available to consumers, attorneys and advocates alike. It is a good
starting point for anyone researching the legal rights... Posted on Friday, February 5, 2010 at 9:31 pm

Following-up on this follow-up post, here's more about current
disagreements over trade in asbestos: Controversy over asbestos
exports continued to dog Quebec Premier Jean Charest right up to the
very last day of a trade mission to India. Indian unions and other
groups twice called on Charest during the week-long mission to put a
halt to the export of the cancer-linked material that is used in
construction. And just days prior to leaving on the mission, more than
100 scientists from 28 countries lent their Posted on Monday, February 8, 2010 at 10:59 am

The Economist has a piece on competition in the market for building
nuclear reactors, in which they discuss how state support for domestic
competitors may be playing a role: ... the United Arab Emirates (UAE)
completed a tender for four nuclear plants in December, Vietnam is
planning a similar deal this year and many other countries, from Italy
to Indonesia, are hoping to build new reactors soon. Yet the $40
billion contract in the UAE, won by a consortium led by Korean
Electric Power Corporation (KEPCO), Posted on Monday, February 8, 2010 at 10:59 am

From Arlen Specter: I have a two-part question, and just a brief
statement of the issue. We have lost 2.3 million jobs as a result of
the trade imbalance with China between 2001 and 2007. The remedies to
save those jobs are very ineffective -- long delays, proceedings
before the International Trade Commission, subject to being overruled
by the President. We have China violating international law with
subsidies and dumping -- really, a form of international banditry.
They take our money and then they lend Posted on Saturday, February 6, 2010 at 12:58 am

Blawgletter hails from the state whose official song once noted its
status as "largest and grandest, withstanding ev'ry test/O Empire wide
and glorious, you stand supremely blest". The "largest" moved to
"boldest" in 1959, when the Union let Alaska in. Today the Ninth
Circuit subdued Texas law's fondness for quelling aggregate
litigation. The panel declared a contractual choice of Texas law
unenforceable as contrary to "fundamental policy of California".
Omstead v. Dell, Inc., No. 08-16749, slip op. at 2110 Posted on Saturday, February 6, 2010 at 9:21 am

Blawgletter's favorite source of business news -- The Wall Street
Journal -- today presents a longish item on antitrust enforcement --
"U.S. Trustbusters Try to Reclaim Decades of Lost Ground". The piece
notes three recent cases in which the Supreme Court has lately
rejected antitrust claims (Trinko, Twombly, and Leegin). It also
points to halting efforts by the Obama administration to reverse the
trend. We say halting because, as WSJ observes, the Federal Trade
Commission and the Antitrust Division of the Posted on Wednesday, February 3, 2010 at 9:30 pm

The Private Securities Litigation Reform Act of 1995 got its start as
a subclause in the Contract with America. Congress overrode a veto by
President Bill Clinton to pass it. Has it panned out? The WSJ cast
light on the question today. The item focused on how much some class
action law firms give to the campaigns of candidates for state and
local political offices. The article suggested a link between the
contributions and the firms' ability to land securities class action
work: Public pension funds Posted on Wednesday, February 3, 2010 at 9:30 pm

The Seasonality of Art Theft. Latest Art Loss Register Report. A
meritless Degas authenticity debate? Grosz claim dismissed. Posted on Monday, February 8, 2010 at 11:42 pm

Jen Graves on a copyright infringement lawsuit by the creator of a
public artwork in Seattle against a photographer who took a picture of
the work and then listed it with a stock photo agency. Sergio Muñoz
Sarmiento offers some thoughts: "One, it seems the piece was created
'more than 30 years ago,' so [the photographer] may want to look into
the exact date of creation and publication and find out if these were
before 1977, or between 1978 and March 1, 1989. There are certain
copyright notice requirements Posted on Monday, February 8, 2010 at 11:42 pm

The mafia informer and the stolen Caravaggio. Lawsuit over Basquiat
painting. Guggenheim settles with Malevich heirs. Posted on Monday, February 8, 2010 at 11:42 pm

Terminating a probationary teacher's employmentMatter of Hinson and
the Board of Education of the Valhalla Union Free School District,
Decisions of the Commissioner of Education, Decision No. 15,908
Cynthia Hinson challenged the termination of her probationary
appointment and denial of tenure by the Board of Education of the
Valhalla Union Free School District. By letter dated June 22, 2007,
the superintendent advised Hinson that she would recommend termination
of Hinson's services as a probationary Posted on Sunday, February 7, 2010 at 5:41 am

Arbitration pursuant to the terms of a collective bargaining agreement
held exclusive remedy for alleged discrimination14 Penn Plaza LLC et
al. v Pyett et al., United States Supreme Court, 129 S. Ct. 1456, 556
US __, 173 L. Ed. 2d 398 United States Supreme Court ruled that a
provision in a collective-bargaining agreement that "clearly and
unmistakably" compels union members to arbitrate Age Discrimination in
Employment Act (ADEA) claims instead of using EEOC and courts to
resolve the issue controls. Posted on Sunday, February 7, 2010 at 5:41 am

Requiring a lifeguard applicant to take a swim test using a State
issued "Speedo" swimsuit is not an act of unlawful discrimination
because of ageMatter of Lester v New York State Off. of Parks,
Recreation & Historic Preservation, 60 AD3d 680 The New York State
Division of Human Rights dismissed Roy J. Lester's complaint filed
pursuant to the State's Human Rights Law after finding that there was
no probable cause to believe that the New York State Office of Parks,
Recreation & Historic Preservation Posted on Sunday, February 7, 2010 at 5:41 am