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October 11-15 2010.

United States First Circuit, 10/14/2010
Museum of Fine Arts, Boston v. Seger-Thomschitz
In an art museum’s action for a declaratory judgment to confirm its rightful ownership of a painting, which a sole surviving heir of the painting’s artist claimed that the artist was forced to sell under duress after Austria was annexed by Nazi Germany in 1938, district court’s grant of summary judgment for the museum on statute of limitations grounds is affirmed where: 1) because defendant did not make a demand on the museum more than three years after her causes of action accrued, summary judgment was properly granted on the museum’s limitations defense; 2) defendant has not shown that application of the Massachusetts statute of limitations to the Massachusetts causes of action in this case would cause a significant conflict with, or threat to, the federal interests and policies embodied in section 510(c)(3); and 3) the Massachusetts statute of limitations does not conflict with the federal government’s foreign policy. ..

United States First Circuit, 10/15/2010
Statchen v. Palmer
In plaintiff’s 42 U.S.C. section 1983 suit against police officers, claiming that they used excessive force in arresting him for public intoxication and in transporting him from a station house to jail, district court’s grant of summary judgment in favor of defendants on the basis of qualified immunity is affirmed as the district court had no basis for sending the case to a jury because plaintiff’s own deposition provided no evidence to indicate that the force exerted was unnecessary, or that a reasonable police officer would have thought otherwise.

United States Second Circuit, 10/12/2010
Amore v. Novarro
In a civil rights action alleging a false arrest, a denial of summary judgment based on qualified immunity is reversed where the district court erred in deciding that it would have been clear to a reasonable officer in defendant’s position that making the arrest was unlawful.
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A New Bog:

Those of you who follow this blog will know that I occasionaly post Lesley Harris’s excellent Newsletter The Copyright & News Media Law Newsletter, (latest issue posted below with permission) where she covers a wide range of topics from copyright and licensing to jobs for librarians. Although the Newsletter is by itself an ambitious undertaking, Leslie has now outdone herself by also launching a new blog, Copyrightlaws.com which, as you might expect, is about “copyright, licensing and digital property”. I have been following the blog since she launched it a few months ago: it is a nice complement to her newsletter. I especially like the Questions and Answers feature. You can see the blog at http://copyrightlaws.com.

David Badertscher

From the Brennan Center for Justice, Fair Courts E-Lert October 15, 2010:

Justice Elena Kagan’s decision to recuse herself in 25 of the cases the U.S. Supreme Court has agreed to hear continues to inspire discussion about judicial disqualification. A New York Times editorial praises Justice Kagan’s decision, but questions the credibility of a judicial system that relies on voluntary recusal. The editorial recounts two recent examples – Justice Antonin Scalia’s decision not to disqualify himself from a case involving then-Vice President Cheney, with whom the Justice socialized, and Caperton v. Massey, the 2009 landmark recusal case – in which unclear recusal guidelines cast doubt on judicial impartiality. Senator Patrick Leahy, the chairman of the Senate Judiciary Committee, is currently pushing legislation to allow retired Supreme Court justices to return to the bench if a current justice must recuse, but the Times editorial contends a more vigorous disqualification process is necessary. Meanwhile, another Times editorial argues that Justice Clarence Thomas’ wife should be required to disclose donors to the conservative nonprofit organization she leads so that Justice Thomas can “comply with a fundamental ethical and legal requirement to “disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” A separate Times article reports that Mrs. Thomas – who recently appeared at a large Tea Party convention – is playing “the most partisan role ever for a spouse of a justice on the nation’s highest court.”

Justice Thomas and His Wife, New York Times, October 12, 2010; Activism of Thomas’s Wife Could Raise Judicial Issues, New York Times, Jackie Calmes, October 8, 2010; Recusals and the Court, New York Times, October 7, 2010.

In the October 15, 2010 Wall Street Journal, Dionne Searcey reports that “after numerous record-shattering fines and executive prosecutions in recent years, the government’s crackdown on violations of the Foreign Corrupt Practices Act shows no signs of slowing.

So far this year, the U.S. Justice Department has carried out a dozen prosecutions, after 19 prosecutions in 2009. That doesn’t include civil cases brought under the law by the Securities and Exchange Commission.” To see Ms. Searcey’s complete article, go to:

http://online.wsj.com/article/SB10001424052748704634104575552583836621938.html?mod=dist_smartb

Chief Judge Jonathan Lippman on October 13, 2010 announced the establishment of the New York State Permanent Sentencing Commission, charged with conducting a comprehensive and ongoing evaluation of sentencing laws and practices and recommending reforms to improve the quality and effectiveness of statewide sentencing policy. A very important aspect of this Commission is that has been designated as permanent. There have been previous commissions created to look into these matters in New York State but they were designated as temporary. Hopefully the permant designation of this Commission will increase its influnce and help ensure that it’s recommendations and ongoing guidance will have significant impact over many years.

For official Unified Court System Press Release announcing establishment of New York State Sentencing Commission visit:

http://www.nycourts.gov/press/pr2010_11.shtml:

Real world examples needed.I

am posting the following request for real-world examples of issues and problems regarding ethics and social media that have occurred in our courts as a service to all of us who really need access to this information. Please contact Norman Meyer directly if you have any helpful information. Congratulations to Mr. Meyer for taking on this project.

David Badertscher

Report predicts hiring boom for lawyers who think outside the box Hiring in the legal profession is expected to increase by about 13% between 2008 and 2018, roughly on par with the expected average increase for other jobs, according to a report from the U.S. Bureau of Labor Statistics. The outlook is a little better for nontraditional legal jobs, however: Lawyers who are willing to take a detour into administrative, managerial and business positions are likely to find jobs more easily, the report suggests. ABA Journal (10/12)

The Columbia Institute for Tele-Information (CITI) “State of Telecom” conference will be held on October 15 at the Columbia University Business School, Davis Auditorium in theShapiro Center (just behind Uris Hall). This year’s focus will be on “Matching Supply and Demand for the Next Generation of Broadband.” The conference will be a “Trans-Atlantic Dialog” co-organized with IDATE of France so the topic will be explored from a global perspective.

Details, including registration, may be found on http://www4.gsb.columbia.edu/citi/events/telecom2010

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