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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

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
October 4-8, 2010.

United States First Circuit, 10/08/2010
Tevlin v. Spencer
District court’s denial of defendant’s request for habeas relief from his convictions for first-degree murder, armed robbery, and assault and battery by means of a dangerous weapon, is affirmed where: 1) defendant has failed to demonstrate the existence of ineffective assistance of counsel in any of his theories; and 2) the Massachusetts discovery procedures are not on their face unconstitutional and defendant has not established that their application here violated due process. .

United States Second Circuit, 10/04/2010
Analytical Diagnostic Labs, Inc. v. Kusel
In a class-of-one equal protection claim alleging that defendants, employees of the New York State Department of Health, intentionally and maliciously subjected plaintiff-clinical testing laboratory to an intense and unwarranted degree of regulatory scrutiny, summary judgment for defendant is affirmed where there was no record evidence raising a question of fact as to whether: 1) other labs were similarly situated; or 2) even assuming other labs were similarly situated, that the same decisionmakers were aware of the similarity and treated plaintiff differently.

United States Second Circuit, 10/08/2010
Byrne v. Rutledge
In an action alleging that Vermont’s denial of plaintiff’s requested vanity license plate, on the grounds that it contained a religious message in violation of state law prohibiting such messages on vanity license plates, violated the Free Speech Clause, the Equal Protection Clause, and the Due Process Clause, summary judgment for defendants is reversed where Vermont’s ban on all vanity plate combinations that “refer, in any language, to a … religion” or “deity” constituted unconstitutional viewpoint discrimination. .
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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
October 4-8, 2010.

United States First Circuit, 10/07/2010
US v. Figueroa-Gonzalez
Conviction of defendant for carjacking and firearm use during and in relation to a crime of violence is affirmed as there was no error, clear or otherwise, as the district court was presented with conflicting evidence and chose to conclude that the evidence was stronger in favor of competency to plead guilty.

United States First Circuit, 10/08/2010
Tevlin v. Spencer
District court’s denial of defendant’s request for habeas relief from his convictions for first-degree murder, armed robbery, and assault and battery by means of a dangerous weapon, is affirmed where: 1) defendant has failed to demonstrate the existence of ineffective assistance of counsel in any of his theories; and 2) the Massachusetts discovery procedures are not on their face unconstitutional and defendant has not established that their application here violated due process. .

United States Second Circuit, 10/06/2010
Matthews v. US
Defendant’s convictions for racketeering, drug-related murder, and the use of a firearm are affirmed where, while drug-related murder can be punishable by death if certain aggravating circumstances are specified in the charging instrument, no such aggravating factors were specified in the information. .
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