The U.S. Senate endorsed the $700 million bailout plan by a margin of 74 to 25 in favor. Here are some of the highlights of the Senate Approved Plan as reported in the October 2, 2008 Wall Street Journal (Page A3):
“Like the deal rejected by the House, the Senate bill includes:
$700 BILLION FOR BAD ASSETS: $250 billion immediately, $100 billion on Treasury Secretary’s request $350 billion subject to congressional joint resolution.
Update from the Lexis Alert Service, Search run morning of October 2, 2008:
1. People v. Peralta, 4143, 514/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7170; 2008 N.Y. App. Div. LEXIS 7008, September 30, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
From information provided by Gallerywatch.com, October 1, 2008
Regardless of the final outcome, these two documents combined should provide you a picture of the second bailout attempt scheduled in the U.S. Senate. Even if you do not see this until action has been taken, they provide some some fascinating reading for those who are interested.
State Court and County (SCCLL) is a Special Interest Group of the American Association of Law Libraries (AALL):
The SCCLL Resource Guide #3 is now officially published and ready to be sent out from AALL HQ. The guide to ordering is here:
Volume 1 Issue 5
Personal Privacy – How to Protect Your Information
From the Desk of David Badertscher
Sabrina I. Pacifici Founder, Editor, Publisher:
**LLRX Book Review by Heather A. Phillips – We’re All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age http://www.llrx.com/columns.bookreview11.htm
Heather A. Phillips highlights attorney John Gant’s contention that one’s title, income, and employer are at best side issues in determining who is a journalist in the day-to-day realities of issuing press passes as well as in larger policies such as the extension of shield laws.
Office of the Inspector General, September 2008.
A report of the investigation into the firfings of nine U.S. Attorneys by the Department of Justice in 2006.
An excerpt from Chapter 1 of the Report:
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U.S. 1st Circuit Court of Appeals, September 23, 2008 Welch v. Campia, No. 072470 In a lawsuit filed against the Chief of Police and the Town on the grounds that defendants impermissibly retaliated against plaintiff for exercising his First Amendment rights, grant of summary judgment in favor of defendants is reversed in part and affirmed in part where: 1) plaintiff’s non-reappointment constituted an adverse employment action sufficient to support a section 1983 claim; 2) district court properly granted summary judgment in favor of co-defendants because defendant was the only one with the appointment authority; 3) plaintiff failed to explain how defendants’ actions resulted in unreasonably inferior work conditions; 4) defendants’ argument that plaintiff’s First Amendment claim failed; 5) the district court erred in placing the burden on plaintiff to show that the reasons articulated by defendant were pretextual; 6) liability can be imposed for defendant’s decision not to reappoint plaintiff; 7) plaintiff’s whistleblower claims survived since there was a q! uestion as to whether he was not reappointed because of his involvement in the grand jury investigation; and 8) district court erred in concluding that plaintiff could not maintain an action for interference with advantageous relations.
U.S. 1st Circuit Court of Appeals, September 24, 2008 Thomas v. State of Rhode Island, No. 071985 In a suit brought by members of an Indian tribe claiming that state officials violated their constitutional rights by arresting them without lawful authority on tribal lands for alleged cigarette tax violations, dismissal of action for failure to state a claim is affirmed over claims of error that: 1) the court construed their allegations too narrowly, thereby ignoring a viable Fourth Amendment claim based on the lack of probable cause for arrest; and 2) the court wrongly denied their request to amend the complaint, thereby denying them the opportunity to remedy any tax deficiencies.
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U.S. 1st Circuit Court of Appeals, September 23, 2008 US v. O’Brien, No. 072312 In a conviction for charges related to attempted robbery, conspiracy to affect interstate commerce, and carrying a firearm in furtherance of a crime of violence, ruling that machine-gun possession was an element of a crime rather than a sentencing enhancement is affirmed where absent a clearer or more dramatic change in language or legislative history expressing a specific intent to assign judge or jury functions, court is bound by Supreme Court decision, Castillo v. US, 530 U.S. 120 (2000).
U.S. 1st Circuit Court of Appeals, September 24, 2008 Thomas v. State of Rhode Island, No. 071985 In a suit brought by members of an Indian tribe claiming that state officials violated their constitutional rights by arresting them without lawful authority on tribal lands for alleged cigarette tax violations, dismissal of action for failure to state a claim is affirmed over claims of error that: 1) the court construed their allegations too narrowly, thereby ignoring a viable Fourth Amendment claim based on the lack of probable cause for arrest; and 2) the court wrongly denied their request to amend the complaint, thereby denying them the opportunity to remedy any tax deficiencies. .
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CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US v. Triumph Capital Group, Inc., No. 064970
