PC World has named its ‘5 Sites That Will Boost Your Political Awareness.’ Included on this list are some very useful Web sites that many of you are probaly familiar with. Here is their list as posted by the American Association of Law Libraries Washington Blawg along with some helpful comments.:
Findlaw Summaries: Constitutional Law October 6-10, 2008
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U.S. 2nd Circuit Court of Appeals, October 08, 2008 Hartline v. Gallo, No. 065309 In claim for unconstitutional strip search in the absence of individualized suspicion that she was secreting contraband, grant of summary judgment in favor of defendants is vacated in part, affirmed in part, and remanded where: 1) defendant’s evidence demonstrated a violation of her Fourth Amendment right; 2) defendant was subjected to a strip search by the police, pursuant to departmental policy, in the absence of individualized suspicion that she was secreting contraband on her person; and 3) the district court erred in holding that defendant waived the alternative basis for her section 1983 claim, namely, that the officers violated her Fourth Amendment rights by telecasting her strip search through the 20 police station.
U.S. 6th Circuit Court of Appeals, October 07, 2008 M.A.L. v. Kinsland, No. 07-1409 In an action involving the constitutionality of a public middle school’s regulation of a student’s leafleting, entry of a permanent injunction against the school and an award of nominal damages is reversed where: 1) the school hallways constituted a nonpublic forum; 2) the restrictions were reasonable and were not overbroad; 3) the heightened Tinker standard did not apply to the school’s viewpoint-neutral time, place, and manner restrictions on speech, which were designed to prevent hallway clutter and congestion; and 4) the award could not stand without a constitutional violation.
Findlaw Summaries: Criminal Law and Procedure October 6-10, 2008
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U.S. 1st Circuit Court of Appeals, October 08, 2008 US v. Jackson, No. 072510 Conviction for being a felon in possession of a firearm is vacated and remanded where defendant was subjected to custodial interrogation before being given his Miranda warnings.
U.S. 1st Circuit Court of Appeals, October 08, 2008 US v. Vasquez, No. 072796 Conviction for drug and gun offenses is affirmed over claims of error that: 1) the district court should have suppressed his statements acknowledging that the drugs were his, his admission that he possessed the gun and the gun itself; and 2) the evidence was insufficient to show that the gun defendant surrendered at his arrest was carried during and in relation to a drug trafficking crime. .
Findlaw Summaries: Second Circuit U.S. Court of Appeals October 10, 2008
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CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING US v. DeFilippo, No. 071618 Conviction and sentence for conspiracy to racketeer, illegal gambling, and conspiracy to collect credit through extortionate means are affirmed over claims of error that: 1) the district court erred when it admitted testimony from a high-ranking member of the Bonanno Crime Family; 2) the murder of George Sciascia was not relevant conduct because it was not related to a conspiratorial object of which defendant was convicted; 3) the Government failed to rebut an alleged presumption that a person withdraws from a conspiracy when he is arrested; and 4) the district court erred in refusing to hold a hearing on that issue. .
IMMIGRATION LAW Shao v. Mukasey, No. 072689 In an immigration matter brought by Chinese nationals who asserted a fear of future persecution, specifically, forced sterilization, if removed to China based on their having fathered or given birth to more than one child, petitions for review of decision of Board of Immigration Appeals (BIA) denying relief from removal are denied where: 1) there was no legal error in the evidentiary framework employed; and 2) because substantial evidence supported the BIA’s findings that each of the petitioners failed to demonstrate that his or her stated fears of persecution on return to China were objectively reasonable.
New York Supreme Court Appellate Division Criminal Cases Originating from the New York Supreme Court NY County
Update from the Lexis Alert Service, Search run morning of October 12-14, 2008:
1. People v. D’Agostino, 4228, 2702/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7714; 2008 N.Y. App. Div. LEXIS 7536, October 9, 2008, Decided, October 9, 2008, Entered, 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 …
U.S. Federal Documents Covering the Economy
The following list of documents covering the economy for the week ending October 10 was compiled by Basil Tilmon of Gallerywatch. We appreciate his efforts:
Letter to FBI Director Robert Mueller From Reps. Mark Kirk and Chris Carney
Letter Expresses a Need for More Resources to Investigate Corporate Fraud
Sentencing Advocacy, Practice and Reform Institute
Congressman Robert C. “Bobby” Scott (D-VA) will share his unique insight and perspective on rates of incarceration, sentencing trends and alternatives, and recent legislation
Click for full Brochure: “http://www.abanet.org/crimjust/calendar/2008fallconference.pdf
Sentencing Advocacy, Practice and Reform Institute
ABA Weekly Newsletter October 10, 2008
Top Ten Stories:
Attorney Fees Irate Judge Blasts Typos and Errors in Filing, Slashes Fees by $154K
Oct 8, 2008, 07:14 am CDT
Findlaw Summaries: Second Circuit U.S. Court of Appeals October 7-9, 2008
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ADMINISTRATIVE LAW, AEROSPACE & DEFENSE, LABOR & EMPLOYMENT LAW, MILITARY LAW Dibble v. Fenimore, No. 063307
In an action for administrative relief brought by plaintiff-state National Guard service technician who was denied reenlistment, grant of summary judgment in favor of defendant-Secretary of the Air Force is affirmed where: 1) the doctrine of intramilitary immunity does not preclude a federal court from reviewing a challenge under the Administrative Procedure Act to a decision by the Air Force Board for the Correction of Military Records; and 2) the district court correctly found that the Board’s decision was not arbitrary, capricious, contrary to law, or unsupported by substantial evidence.
Twenty Five Important Legal Issues Every Librarian Should Research
Kelly Sonora of the bestcollegeonline blog recently sent us an article by Jessica Merritt recently posted on their site and invited us to post it here we thought our readers would be interested. We do think it will be of interest to many of our readers, particulary those law librarians who serve public patrons and appreciate the opportunity of posting it here. Because the article contains many links we will include only the first paragraph here but will provide a link to the bestcollegeonline blog so you can read the entire article:
25 Important Legal Issues Every Librarian Should Research
By Jessica Merritt