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May 31 – June 4, 2010.

U.S. Supreme Court, June 01, 2010 Levin v. Commerce Energy, Inc., No. 09–223 In an action by independent natural gas marketers (IMs) who offered to sell natural gas to Ohio consumers against the Ohio Tax Commissioner (Commissioner), alleging discriminatory taxation of IMs and their patrons in violation of the Commerce and Equal Protection Clauses, the Sixth Circuit’s reversal of the district court’s dismissal of the action is reversed where, under the comity doctrine, a taxpayer’s complaint of allegedly discriminatory state taxation, even when framed as a request to increase a competitor’s tax burden, must proceed originally in state court.

U.S. 1st Circuit Court of Appeals, June 03, 2010 Chaparro v. Ruiz-Hernandez, No. 08-1989 In a 42 U.S.C. section 1983 suit brought by a group of twenty-two contract employees against a Puerto Rican municipality and its officers, a grant of plaintiffs’ motion for summary judgment is affirmed in part, vacated in part and remanded where: 1) plaintiffs had a reasonable expectation of continued employment; 2) a one-year term of employment with Puerto Rican government bodies is generally considered a protected property interest for procedural due process purposes; and 3) defendants’ claim that plaintiffs were not deprived of protected property interests without due process of law because the process Puerto Rico provided was adequate is rejected.

U.S. 2nd Circuit Court of Appeals, June 04, 2010 Harrington v. Cty. of Suffolk, No. 09-3911 In an action pursuant to 42 U.S.C. section 1983 asserting that defendants deprived plaintiffs of a property interest protected by the Due Process Clause by conducting an inadequate investigation into their son’s fatal traffic accident, the dismissal of the action is affirmed where plaintiffs had no property interest in an adequate police investigation.
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Jaclyn McKewan, Virtual Services and Training Librarian at the Western New York Library Resources Council in Buffalo writes:”People not picking up instant messages is continuing to be a problem, so I created a 7-minute Camtasia video that shows people what to do when they get that message on the screen saying “New IM has arrived.” It covers receiving the message, sending, and a bit of info on transferring patrons. I originally created it for our Ask Us 24/7 librarians, but figured that everyone else may find it useful as well”

Actually Jaclyn is being very modest regarding her efforts. As important as the Instant Messaging component is it is only a small part of this fine resource that she has created. Areas covered include receiving and sending instant messages (IM), finding articles online, finding books online, reference sources, and search techniques. It is a multi-featured resource, useful to all librarians (both experienced and inexperienced) involved in any type of virtual reference and research. After reviewing her material I contacted Jaclyn and am posting it here with her permission.

David Badertscher

In an earlier posting on this blog we reported that on February 23, 2010 a divided Panel of the Appellate Division, First Department, New York Supreme Court ruled in People v. Correa (2010 NY Slip Op. 01533) that the 2004 merger of the criminal courts in the Bronx into a single court with jurisdiction to handle both felonies and misdemeanors is unconstitutional. That Appellate Division ruling has now been overturned by the New York Court of Appeals in a single 6-0 opinion on June 3, 2010 that decided three cases–People v. Correa, People v. Fernandez, and People v. Mack, upholding administrative experiments that have New York State Supreme Court judges presiding over misdemeanor cases as well as felonies within a merged Bronx Supreme Court Criminal Division and an Integrated Domestic Violence (IDV) Court in Brooklyn.

The high court’s ruling regarding IDV Courts also applies to 44 other IDV Courts throught the State of New York. that centralizes the handling of all aspects of domestic disputes, including criminal charges, in one court. The judges noted that neither the New York Constitution nor its statutes call into question the legality of either court addressed in this opinion.

See also the following articles which discuss this New York Court of Appeals opinion and its implications:

In a video of an interview with his Fox Business Network, Rupert Murdoch, News Corp. Chairman discusses what he considers the future of media and the Company’s plan to charge for content. During the interview Mr. Murdoch said that in order to get people to pay for content online you simply “…turn them off. They’ve got to sign on. They give you their credit card number. And that’s it. And then you e-mail them and say you’re putting the price up or you’re taking it down or whatever.”

Click here to listen to the interview.

Selections from the Fair Courts e-lert May 28, 2010, published by the Brennan Center for Justice at New York University School of Law.

State Judicial Elections

1. Retired Justice Sandra Day O’Connor continues to advocate for states to replace contested judicial elections with merit selection systems. In an op-ed appearing in the New York Times, O’Connor urges individuals to pay attention to the selection of state court judges because “In too many states, citizens are being shortchanged by the way [state court judges] are chosen . . . . When you enter one of these courtrooms, the last thing you want to worry about is whether the judge is more accountable to a campaign contributor or an ideological group than to the law.”

David Badertscher

This posting is essentially a followup of two of our earlier postings on this topic which you can find here and here.

It begins with two statements released by the U.S. Federal Communications Commission (FCC) on May 6, 2010 in partial response to the recent decision in the Comcast case.and continues with a listing of recent Congressional Research Service (CRS) Reports addressing various aspects of the topic:

TITLE: THE SUPREME COURT SUBTITLE: A C-SPAN Book Featuring the Justices in Their Own Words EDITORS: Brian Lamb, Susan Swain, and Mark Farkas PUBLICATION DATE: May 4, 2010

PUBLISHER: Perseus Books PAGE COUNT: 372 pp.

ISBN: 978-1-38648-835-2

Presented by the ABA Criminal Justice Section White Collar Crime Committee Mid-Atlantic Region Subcommittee:

This panel will address the most recent developments in White Collar prosecutions in New Jersey. The Honorable Paul Fishman will describe the challenges facing the United States Attorney’s Office and new initiatives. Seasoned defense and in-house counsel will give their perspectives on recent trends

Moderator:

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