Libraries are bridges to information and knowledge.

by

U.S. 4th Circuit Court of Appeals, February 09, 2009 Cloaninger v. McDevitt , No. 072054 In a claim against defendant-deputy sheriffs alleging violation of plaintiff’s search and seizure rights under the Fourth and Fourteenth Amendments and his due process and equal protection rights, grant of summary judgment in favor of defendants is affirmed where: 1) there was no genuine dispute of fact material to defendants’ qualified immunity suit under 42 U.S.C. section 1983; and 2) plaintiff’s state law claims had abated, were abandoned, or failed as a matter of law.

U.S. 4th Circuit Court of Appeals, February 12, 2009 Waller v. City of Danville, Virginia, No. 072099 In a claim under Title II of the Americans with Disabilities Act (ADA) alleging defendant-city violated the Fourth and Fourteenth Amendments to the U.S. Constitution by unlawfully arresting decedent using excessive force and failing to properly train officers in dealing with the disabled, grant of summary judgment in favor of defendants is affirmed where any duty of reasonable accommodation that existed under the ADA was satisfied under the circumstances.

U.S. 5th Circuit Court of Appeals, February 09, 2009 Equal Employment Opportunity Comm’n v. Bd. of Regents for the Univ. of Louisiana Sys., No. 08-30327 In a suit alleging violations of the Age Discrimination in Employment Act, denial of defendant’s motion to dismiss on Eleventh Amendment grounds is affirmed where the Eleventh Amendment does not shield a state from suit brought by a federal government agency to enforce a federal law, and the federal agency may seek make-whole relief on behalf of a private individual.
Continue reading

by

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

February 09 – February 13, 2009
U.S. 1st Circuit Court of Appeals, February 09, 2009 US v. Rivera-Rivera, No. 05-2495, 05-2498
Defendants’ convictions and sentences stemming from the armed robbery of a lottery ticket business in Puerto Rico are affirmed over claims that: 1) a key witness’s in-court identification was tainted by unnecessarily suggestive pretrial encounters; 2) the government failed to meet its burden of proving that the robbery affected interstate commerce; and 3) there were multiple errors during sentencing, including that the district court improperly imposed a 25-year mandatory minimum based on facts not found by the jury beyond a reasonable doubt.

U.S. 1st Circuit Court of Appeals, February 11, 2009 US v. Combs, No. 06-2258 A conviction for being a felon in possession of a firearm and ammunition is affirmed over claims that: 1) the trial court improperly declined to give his proposed jury instruction regarding witness intimidation; and 2) the government failed to offer sufficient evidence that the firearm and ammunition had traveled in interstate commerce.

U.S. 1st Circuit Court of Appeals, February 13, 2009 US v. Campusano, No. 07-1931, 07-2442 Defendants’ sentences for drug offenses are affirmed over claims that: 1) for purposes of a drug quantity determination, defendants never intended to buy one hundred kilos and they lacked the financial capacity to do so; and 2) the district court erred in imposing a two-level sentence enhancement for obstruction of justice based on their testimony at trial.
Continue reading

by

Update from the Lexis Alert Service,

February 13,18, 2009
1. People v. Anonymous, 5224, 5721/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1005; 2009 N.Y. App. Div. LEXIS 1001, February 10, 2009, Decided, February 10, 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 (Charles H. Solomon, …

2. People v. James, 5229, 6659/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1009; 2009 N.Y. App. Div. LEXIS 998, February 10, 2009, Decided, February 10, 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 (Lewis Bart Stone, …

3. People v. Davis, 5232, 5233, 2736/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1011; 2009 N.Y. App. Div. LEXIS 996, February 10, 2009, Decided, February 10, 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 …
Amended; Judgment, Supreme Court, New York County (William A. Wetzel, …

4. People v. White, 5194, 5680/06, 5116/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 986; 2009 N.Y. App. Div. LEXIS 1025, February 10, 2009, Decided, 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 (Charles H. Solomon, …

5. People v. McCroskey, 5200, 5911/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 991; 2009 N.Y. App. Div. LEXIS 1026, February 10, 2009, Decided, February 10, 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, …
Continue reading

by

Martha L. Foote M.S.L.I.S, Chair of the SLA Legal Division has sent the following announcement which we are glad to post here for the benefit of some who might not otherwise see it:

The preliminary program for the 2009 SLA conference is now available on the web site at http://www.sla.org/pdfs/sla2009/09PCP_web.pdf. This year’s conference has very strong programming, much of it coming from our own division. Please take a few minutes to review the content and make arrangements to attend SLA 2009.

by

Georgia K. Briscoe* of the University of Colorado School of Law Library has sent the following announcement which we are please to post here for the benefit of all law librarians and perhaps some others as well. Here is her announcement:

In case you haven’t heard, there is a new online SSRN journal which academic technical services librarians will find useful. LEGAL INFORMATION & TECHNOLOGY eJOURNAL is edited by Randy Diamond and Lee Peoples. I am pleased to be a member of the editorial board representing technical services issues. The archive already includes over 150 papers and is growing daily. This ejournal provides another avenue for TS librarians to publish.

Subscribers to SSRN will soon start receiving email issues announcing works in progress and recent publications. SSRN will issue a formal announcement soon, but the editors are pleased to provide a pre-launch viewing. Detailed information from Randy and Lee follows. I hope you will check out this new opportunity for professional growth and development.

Continue reading

by

Volume 13, Number 2 of this Newsletter is being reproduced in full on this posting with the permission of its Editor and Publisher, Lesley Ellen Harris. I am grateful to her for granting us this permission.

FROM THE OFFICES OF LESLEY ELLEN HARRIS Copyright, New Media Law & E-Commerce News __________________________________________________________________ __________________________________________________________________

Vol. 13, No. 1, January 5, 2009 ISSN 1489-954X

Continue reading

by

We recently received the following information regarding a legal information and legal informatics workshop being held in Poznan, Poland on April 28, 2009, thanks to Robert Richards of Philadelphia, PA.:

Call for Papers: Workshop on Legal Informatics and Legal Information Technology, Poznan, Poland, April 28, 2009.

Submission details are at http://bis.kie.ae.poznan.pl/12th_bis/wscfp.php?ws=lit2009 .

Continue reading

by

The following is from a letter we received this morning from Phyllis C. Borzi, Chair of the American Bar Association Joint ommittee on Employee Benefits. It is being posted for the benefit of those who would have an interest in responding:

Dear Employee Benefits Practitioner:

Every year, the Joint Committee on Employee Benefits (JCEB) presents questions from the members of the employee benefits committees of the six Sections of the ABA participating in the JCEB to various federal agencies in Washington, D.C. The agency meetings are held immediately before the May meeting of the Tax Section. This year the JCEB will be meeting with the IRS, DOL, SEC, PBGC, EEOC, HHS and CMS. This is your opportunity to ask technical questions of the staffs of the various agencies. The results of these meetings will be summarized in a written report which will be published on the JCEB website www.abanet.org/jceb/.

Continue reading

by

DAVID BADERTSCHER
Tomorrow is Lincoln’s birthday; it is also the 200th anniversary of his birth, all of which calls for a special celebration of the life, works, and thought of such an inspiring individual. Our current President has said that he has found the thoughts and deeds of Abraham Lincoln to be a source of great inspiration. I too have been inspired by Lincoln’s words, his principles, his focus on justice, his focus on equality, and his strong belief in our nation and our constitutional democracy; but as a law librarian working in a court setting I will focus primarily on books about Lincoln and leave the other topics to historians and others.

Before leaving this section however, I want to commend the American Bar Association (ABA) for its efforts to help make this a banner year for the Lincoln Bicentennial. They have been working with many other organizations, including the American Association of Law Libraries (AALL), to incorporate a celebration of the legacy of Lincoln in various events nationwide throughout the year. In addition they have prepared a comprehensive planning guide, “A Legacy of Liberty: Celebrating Lincoln’s Bicentennial”, which is being distributed widely. The ABA has also devoted a significant part of the February 2009 issue of its journal, The ABA Journal to features about Abraham Lincoln including his practice of law and discussions of what that practice has in common with that of lawyers today.

Now back to the books. The list below is divided into two sections. The first section consists of a few books about Lincoln recommended by William Safire in his New York Times Book Review article,”Lincoln Monuments”. (February 8, 2009). The second list is of books devoted to Lincoln the lawyer. This list is based on books retreved through what we call bibliographic searching for materials about Lincoln as a lawyer. The listings will be brief and some abbreviated:

RECOMMENDED BOOKS (GENERAL)

McPherson, James M. ABRAHAM LINCOLN. (Oxford University).

White, Ronald C. Jr. A. LINCOLN: A Biography. Random House.

Burlingame, Michael. ABRAHAM LINCOLN: A Life. (Johns Hopkins University), 2 vols. 2000 pages.

Holzer, Harold and Joshua Wolf Shenk Eds. IN LINCOLN’S HAND: His Original Manuscripts With Commentary by Distinguished Americans, Bantam.

Holzer, Harold. THE LINCOLN ANTHOLOGY: Great writers on His Life and Legacy From 1860 to Now. (Library of America).

LINCOLN THE LAWYER: (These are listed in Books in Print format).

Lincoln the Lawyer
Author: Dirck, Brian Publisher: University of Illinois Press ISBN or UPC: 0-252-07614-1 (Active Record)
Format: Trade Paper Date: Dec 2008 Price: $19.95 Market: United States Availability: Readily Available
ISBN 13: 978-0-252-07614-5

Lincoln, Lee, Grant, and Other Biographical Addresses
Author: Speer, Emory Publisher: Read Books ISBN or UPC: 1-4086-8446-2 (Active Record)
Format: Trade Paper Date: Jul 2008 Price: $29.45 Market: United States Availability: Available for Order
ISBN 13: 978-1-4086-8446-7

The Papers of Abraham Lincoln: Legal Documents and Cases, Set
Author: Lincoln, Abraham et al. Publisher: University Press of Virginia ISBN or UPC: 0-8139-2606-8 (Active Record)
Format: Trade Cloth Date: Nov 2007 Price: $300.00 Market: United States Availability: Readily Available
LC Class #: KF213.L53S76 2007 Dewey#: 973.7092 B ISBN 13: 978-0-8139-2606-3

Lincoln the Lawyer
Author: Dirck, Brian R. Publisher: University of Illinois Press ISBN or UPC: 0-252-03181-4 (Active Record)
Format: Trade Cloth Date: Mar 2007 Price: $29.95 Market: United States Availability: Available for Order
LC Class #: E457.2.D575 2007 Dewey#: 973.7092 B ISBN 13: 978-0-252-03181-6

An Honest Calling: The Law Practice of Abraham Lincoln
Author: Steiner, Mark E. Publisher: Northern Illinois University Press ISBN or UPC: 0-87580-358-X (Active Record)
Format: Trade Cloth Date: Aug 2006 Price: $42.00 Market: United States Availability: Available for Order
LC Class #: E457.2.S8 2006 Dewey#: 340.092 B ISBN 13: 978-0-87580-358-6

Courage and Country: James Shields
Author: Callan, J. Sean Publisher: Authorhouse ISBN or UPC: 1-4107-8895-4 (On Demand)
Format: Trade Paper Date: Jan 2004 Price: $24.95 Market: United States Availability: Available for Order
LC Class #: E403.1.S5C35 2004 Dewey#: 973/.049162/0092 B ISBN 13: 978-1-4107-8895-5

Lincoln, the Constitutional Lawyer [1932]

Author: Zane, John Maxcy Publisher: Lawbook Exchange, Limited, The ISBN or UPC: 1-58477-257-3 (Active Record)
Format: Trade Cloth Date: Mar 2003 Price: $80.00 Market: United States Availability: Available for Order
LC Class #: KF368.L52Z36 2002 Dewey#: 973.7/092 B ISBN 13: 978-1-58477-257-6

Life on the Circuit with Lincoln: With Sketches of Generals Grant, Sherman and McClellan, Judge Davis, Leonard Swett and Other Contemporaries, 1892
Author: Whitney, Henry Clay Publisher: Lawbook Exchange, Limited, The ISBN or UPC: 1-58477-115-1 (Active Record)
Format: Trade Cloth Date: Jan 2001 Price: $110.00 Market: United States Availability: Available for Order
LC Class #: KF368.L52W48 2001 Dewey#: 973.7/092 B ISBN 13: 978-1-58477-115-9

Lincoln for the Defense: The Only Known Transcript of an Abraham Lincoln Criminal Jury Trial
Author: Plaetzer, Ross F. Publisher: High House Press, Incorporated ISBN or UPC: 0-9641176-0-6 (Active Record)
Format: Trade Paper Date: Sep 1994 Price: $15.95 Market: United States ISBN 13: 978-0-9641176-0-0

Lincoln the Lawyer
Author: Hill, Frederick Trevor Publisher: William S. Hein & Company, Incorporated ISBN or UPC: 0-8377-0711-0 (Active Record)
Format: Trade Cloth Date: 1986 Price: $45.00 Market: United States LC Class #: KF368.L52H55 1986 Dewey#: 349.73/092/4 B ISBN 13: 978-0-8377-0711-2

Lawyers Before the Warren Court: Civil Liberties and Civil Rights, 1957-66
Author: Casper, Jonathan D. Publisher: University of Illinois Press ISBN or UPC: 0-252-00244-X (Out of Print)
Format: Trade Cloth Date: Jun 1972 Price: $24.95 Market: United States Availability: Hard to Find
LC Class #: KF298.C27 Dewey#: 342/.73/0850269 ISBN 13: 978-0-252-00244-1

Abraham Lincoln, the Lawyer-Statesman
Author: Richards, John Thomas Publisher: Library Reprints, Inc. ISBN or UPC: 0-7222-8804-2 (Active Record)
Format: Trade Cloth Date: Not Supplied Price: $98.00 Market: United States ISBN 13: 978-0-7222-8804-7

SEE IMPORTANT ADDITIONAL INFORMATION BELOW:
Continue reading

Contact Information
ATTORNEY ADVERTISING

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2024, David Badertscher
JUSTIA Law Firm Blog Design