Senator Arlen Specter of Pennsylvania, a Republican since 1966, said on Tuesday April 28 that he will switch to the Decmocratic Party and will run as a Democrat in 2010, thus presenting Democrats with a possible 60th vote and the power to break Senate filibusters.
Here is a link to Senator Specter’s statement made earlier today 4-28-09
Top Ten Stories of the Week ending April 24, 2009:
Law Schools It’s Official: Yale Law School Tops US News Rankings
Apr 23, 2009, 06:46 am CDT
BY Philip Y. Blue, Senior Law Librarian New York Supreme Court Criminal Term Library
In a move that could reshape the library automation landscape, OCLC has expanded WorldCat Locals existing cataloging and discovery tools with new circulation, delivery, and acquisitions features. This new project, which OCLC calls “the first Web-scale, cooperative library management service,” will ultimately bring into WorldCat Local the full complement of functions traditionally performed by a locally installed integrated library system (ILS).
Libraries that subscribe to FirstSearch WorldCat will get, for no additional charge, the WorldCat Local quick start service: a locally branded catalog interface and simple search box that presents localized search results for print and electronic content along with the ability to search the entire WorldCat database and other resources via the Web. Further automation support would come next year.
In response to litigation brought by the American Civil Liberties Union (ACLU), the Obama administration authorized the Justice Department to release four secret legal memoranda used by the Bush administration to justify torture. The memoranda were releasd on April 16, 2009. President Obama also issued a statement, emphasizing that “this is a time of reflection, not retribution”.
Ali Soufan, a former FBI agent who was involved in the interrogations being discussed and who questioned Abu Zubaydah in 2002 has written an important Op Ed article, “My Tortured Decision”, which is published in the April 23, 2009 New York Times. In his article Mr. Soufan says trhat Abu Zubaydah provided important intelligence under traditional methods. He writes: “…I questioned him [Zubaydah] from March to June 2002, before the harsh techniques were introduced late in August. Under traditional interrogation methods, he provided us with important actionable intelligence”. Mr. Soufan also writes that he believes that it was the “right decision” to release the memos because “we need the truth to come out” and that releaseing these memos “enables us to begin the tricky business of finally bringing these terrorists to justice”.
Since the events being discussed transpired during the administration of George W. Bush, we thought it might be interesting and instructive to also provide a link to: Reigning in the Imperial Presidency, Lessons and Recommendations Relating to the Presidency of George W. Bush.; a report prepared by the majority staff of the U.S. House Judiciary Committee.
Top Ten Stories of the Week ending April 17, 2009:
In-House Counsel Some Law Firm Clients Ban 1st-Years, Says Morgan Lewis Chair Apr 13, 2009, 05:49 pm CDT
Law Practice Management
Update from the Lexis Alert Service,
1. People v. Hinton, 304, 2530/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2836; 2009 N.Y. App. Div. LEXIS 2782, April 14, 2009, Decided, April 14, 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 …
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CRIMINAL LAW & PROCEDURE, SENTENCING US v. Borden , No. 08-1625 Sentence for drug crimes is affirmed where the district court did not abuse its discretion in denying defendant a sentence reduction where: 1) defendant’s sentence was appropriate based upon his extensive criminal history and the need to protect society; and 2) the court did not erroneously rely upon its earlier decision not to resentence defendant as a the basis for the present denial.
CIVIL PROCEDURE, PER CURIAM, SECURITIES LAW Esquire Trade & Fin., Inc. v. CBQ, Inc., No. 07-1701 In an action for breaches of debenture-related agreements and for securities fraud, district court’s grant of summary judgment for defendant on grounds that plaintiff’s claims were barred by res judicata is vacated and remanded where the order dismissing the earlier action between plaintiff and a third party does not operate as a res judicata bar to the claims raised in the present action as the required privity between the third party and defendant is not present. Read more…
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ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, MILITARY LAW Shinseki v. Sanders, No. 07-1209 In an application for veterans’ disability benefits, the Court of Appeals for the Federal Circuit’s holding that the Department of Veterans Affairs erred in denying benefits is reversed, where the Federal Circuit’s “harmless-error” framework conflicts with 38 U.S.C. section 7261(b)(2)’s requirement that the Veterans Court take “due account of the rule of prejudicial error.”
CIVIL PROCEDURE, DISPUTE RESOLUTION & ARBITRATION, GOVERNMENT LAW, INJURY AND TORT LAW, INTERNATIONAL LAW, JUDGMENT ENFORCEMENT Ministry of Def. v. Elahi, No. 07-615 In an action seeking to attach a judgment obtained by Iran, the District Court’s order permitting the attachment is reversed, where Plaintiff could not attach the judgment because he waived his right to do so, as the U.S. paid Plaintiff as partial compensation for his judgment against Iran under the Victims of Trafficking and Violence Protection Act
April 13 – April 17, 2009
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U.S. 1st Circuit Court of Appeals, April 17, 2009 US v. Vasco , No. 07-1520 Conviction and sentence for using interstate commerce facilities in the commission of murder-for-hire is affirmed where: 1) the district court did not err in declining to issue an entrapment instruction as defendant failed to produce the requisite evidence of government inducement; 2) there sufficient evidence to support a conviction on use of interstate commerce facilities in the commission of murder-for-hire based on defendant’s conditional intent to murder his daughter; and 3) the court did not commit sentencing error.
April 13 – April 17, 2009
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U.S. 2nd Circuit Court of Appeals, April 16, 2009 Matar v. Dichter, No. 07-2579 In an action broungt by survivors of Israeli bombing in Gaza, seeking damages for war crimes and violations of international law, district court’s dismissal of plaintiff’s claims for lack of jurisdiction on grounds that defendant is immune from suit under the Foreign Sovereign Immunities Act is affirmed where, although questions exist as to whether the Act applies to former officials like defendant or not, common law principles that predate and survive the enactment of the Act still apply and recognize the immunity of former foreign officials for acts performed in their official capacity.
