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

May 25-29, 2009.

U.S. 2nd Circuit Court of Appeals, May 27, 2009 Pyke v. Cuomo, No. 07-0334 District court’s grant of summary judgment to defendants on plaintiffs’ claim that defendants’ response to a period of violent unrest on an Indian reservation violated their equal protection rights is affirmed where: 1) plaintiffs failed to show that defendants’ actions constituted an express racial classification; and 2) plaintiffs failed to provide sufficient evidence of racially discriminatory intent and impact.

U.S. 2nd Circuit Court of Appeals, May 29, 2009 Bridgeport & Port Jefferson Steamboat Co. v. Bridgeport Port Auth., No. 08-3886 District court judgment declaring a fee imposed on ferry passengers unconstitutional and enjoining collection of the fee until revised is affirmed where: 1) the existing fee violated the Commerce Clause as defendant failed to show that using a portion of the passenger fees to pay for services was based on a fair approximation of the ferry passengers’ use; and 2) the fee violated the Tonnage Clause as it was used for the impermissible purpose of raising general revenues and for projects which did not benefit the ferry passengers.

U.S. 6th Circuit Court of Appeals, May 28, 2009 Am. Atheists, Inc. v. Detroit, No. 07-2398 In an Establishment Clause challenge to a city’s building refurbishment program in which religious organizations were allowed to participate, judgment for Plaintiff is reversed, where the program allocated generally available benefits on a neutral basis and without a hidden agenda, and thus did not have the effect of advancing religion.
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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

May 25-29, 2009.

U.S. Supreme Court, May 26, 2009 Haywood v. Drown, No. 07-10374 In a 42 U.S.C. section 1983 action by a prisoner, judgment for Defendant-Officers is reversed where Correction Law section 24, as applied to Section 1983 claims, violates the Supremacy Clause, because New York’s policy of shielding correctional officers from liability for conduct performed in the scope of their employment is contrary to Congress’s judgment that all persons who violate federal rights while acting under color of state law shall be held liable for damages.

U.S. Supreme Court, May 26, 2009 Montejo v. Louisiana, No. 07-1529 Capital murder conviction is vacated, where Michigan v. Jackson, 475 U.S. 625 (1986), is overruled, because requiring an “initial invocation” of the right to counsel in order to trigger the Jackson presumption might work in states that require an indigent defendant formally to request counsel before an appointment is made, but not in more than half the states that appoint counsel without request from the defendant. .

U.S. Supreme Court, May 26, 2009 Abuelhawa v. US, No. 08-192 Drug distribution conviction is reversed and the case remanded, where Defendant’s drug purchases from a third party over the phone constituted misdemeanors, because using a telephone to make a misdemeanor drug purchase does not “facilitate” felony drug distribution in violation of 18 U.S.C. section 843(b).
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From Brenda k. Uekert, Senior Research Associate, National Center for State Courts:

The Court Training and Improvements Program (Courts Program) was created by the Violence Against Women Act of 2005. The specific criteria that will be used to solicit proposals for the Courts Program is currently being considered by the appropriate federal entities. The National Center for State Courts seeks input from courts on your ongoing needs (e.g., domestic violence courts, training, hiring/retaining specialized staff) in the areas of domestic violence, dating violence, sexual assault, and stalking.

We have the opportunity to help shape the solicitation that will introduce the Courts Program grants. We are particularly interested in the topics of domestic violence courts/dockets and training. We would like to hear from you about your current challenges and needs. What specific components of a grant program would help improve your court’s responses to the types of acts noted in the Violence Against Women Act?

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The National District Attorneys Association/National College of District Attorneys (NDAA), the National Clearinghouse on Abuse in Later Life (NCALL), and the Office on Violence Against Women, U.S. Department of Justice (OVW), are pleased to announce a training opportunity on elder abuse, neglect, and exploitation. The conference, Addressing Abuse as America Ages: Enhancing the safety of elder abuse survivors, will begin Wednesday, September 30, 2009, and end Thursday, October 1. The course will be held at the Minneapolis Marriott City Center in Minneapolis, Minnesota.

The purpose of the conference is to strengthen the capacity of domestic violence and sexual assault programs, the justice system, adult protective services, the aging network and other organizations to respond effectively to older victims; hold elder abuse offenders accountable; and work collaboratively. Participants will work for two days in plenary sessions, workshops, and large groups to gain or renew the strength to promote victim safety and offender accountability. Any advocate who works in the fields of domestic violence, sexual assault, or elder abuse; criminal justice professionals; aging network providers; adult protective services workers; and survivors of elder abuse are all welcome and encouraged to attend. Participants from all 50 states, especially those representing underserved populations, are encouraged to apply.

No fee will be charged for the conference, but participants will be expected to pay their own travel, hotel, per diem, expenses, etc. OVW grant funds designated for training purposes may be allowed to be used for this purpose, if a program’s OVW grant manager specifically approves such use. (The hotel arrangements provide for a rate of only $130/night, the Federal per diem rate.) Submission of an application is not a guarantee of attendance at the conference; please DO NOT make travel arrangements unless and until you have been notified that you are accepted.

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Update from the Lexis Alert Service,

May 26 & 29, 2009:.

1. People v. Rodriguez, 614, 4545N/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4005; 2009 N.Y. App. Div. LEXIS 3802, May 21, 2009, Decided, May 21, 2009, 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 …
Judgment, Supreme Court, New York County (Michael J. Obus, …

2. People v. Reyes, 618, 3444/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4008; 2009 N.Y. App. Div. LEXIS 3804, May 21, 2009, Decided, May 21, 2009, 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 …
Judgment, Supreme Court, New York County (William A. Wetzel, …

3. People v. Grant, 610, 871/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4001; 2009 N.Y. App. Div. LEXIS 3800, May 21, 2009, Decided, May 21, 2009, 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 …
Judgment, Supreme Court, New York County (John Cataldo, J.), …

4. People v. Rincon, 623, 1187/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4012; 2009 N.Y. App. Div. LEXIS 3801, May 21, 2009, Decided, May 21, 2009, 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 …
Judgment of resentence, Supreme Court, New York County (Ruth Pickholz, J.), …

5. People v. Guardino, 5053, 3491/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 3995; 2009 N.Y. App. Div. LEXIS 3817, May 21, 2009, Decided, May 21, 2009, 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 …
Judgment, Supreme Court, New York County (Robert H. Straus, …

6. People v. Rodriguez, 615, 4545N/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4006; 2009 N.Y. App. Div. LEXIS 3807, May 21, 2009, Decided, May 21, 2009, 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 …
Judgment, Supreme Court, New York County (William A. Wetzel, …
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To help those who are interested in information beyond that available in the popular news media regarding Judge Sotomayor we have assembeled two background documents, two of Judge Sotomayor’s opinions, one from 2002 and another from 2008. Also included is a completed copy of the questionnaire of Judge Sotoamyor prepared for and delivered to the Senate Judiciary Committee. All judicial candidates such as Sonia Sotomayor are required to complete and submit a questionnaire as part of the confirmation process. You can view these documents from the links below. The links contain brief title descriptions of the respective materials:

Background on Judge Sonie Sotomayor Prepared by the White House, May 2009

Vote Summary on the Nomination of

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Kim Walker, an experienced litigation paralegal with the firm of Berger & Montague in Philadelphia, has written a useful article describing software programs that can save paralegal’s time and their organizations money. Reading through Kim’s article I was struck by the thought that an increasing number of law librarians are also using this same software to save them time, enable them to work smarter, and benefit their organizations as well For these reasons I have changed Kim’s title slightly for this posting to also include law librains and placing a link to Kim Walker’s entire article, hoping that her insights can prove valuable to both paralegals and law librarians.

Article: Cool Software Every Paralegal Could Use

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