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December 29, 2008 – January 3, 2009

U.S. 9th Circuit Court of Appeals, December 30, 2008 Gonzalez v. Duncan, No. 06-56523 A sentence of 28 years to life imprisonment under California’s “Three Strikes” law violates the Eighth Amendment where: 1) the offense was Petitioner’s failure to update his annual sex offender registration within five working days of his birthday; and 2) he was living at his registered address throughout the relevant time period. Habeas relief is warranted because the state court’s application of the gross disproportionality principle was objectively unreasonable.

Bernard Lawrence Madoff was arrested on December 11, 2008 on a ciminal complaint and has been charged with” perpetrating the largest investor fraud ever committed by an individual.” Below are some excerpts and links to articles and documenrs related to this matter. As this matter unfolds we expect to both add and perhaps revise information as appropriate:

The first excerpt is from the WIKI posting Bernard Lawrence Madoff. Although some may question linking to WIKI postings for this type of material, we have looked at this entry and believe it is useful as an introduction to both Bernard Madoff and his alleged activities”:

“Bernard Lawrence Madoff (IPA: /ˈmeɪdɑf/) (born April 29, 1938) is a businessman and former chairman of the NASDAQ stock market. He started the Wall Street firm Bernard L. Madoff Investment Securities LLC in 1960 and was its chairman until December 11, 2008, when he was charged with perpetrating the largest investor fraud ever committed by a single individual.[1]” This article documents a current event. Information may change rapidly as the event progresses.”

At the end of each year we work with the New York Legislative Retrieval System (LRS) to compile a special list of legislation which has passed both houses of the legislature and been signed by the governor. Unlike some lists, this compilation contains added information such as effective dates. This explains why these lists, including the following are so long and may appear cumbersome to some. Hopefully you will find the following information useful.

Chapter Bill No.
1 S6422 NOZZOLIO — Relates to the confinement conditions and treatment of convicted persons with serious mental illness; repealer
BLURB : Cor. confinement of mentally ill
Chapter Signed Date Effective Date
1 01/28/2008 provided that:
(a) §§1, 2, 3, 4 and 5 and subds 2 and 3 of §401-a of the correction law as added by §6 shall take effect two years after the date that the commissioner of correctional services certifies to the legislative bill drafting commission that the first residential mental health unit constructed by the department of correctional services is completed and ready to receive inmates, provided, however that such sections shall take effect no later than 7/1/2011;
(b) §§6 and 7 shall take effect 7/1/2008; and
(c) the commissioner of mental health and the commissioner of correctional services are immediately authorized to promulgate rules and regulations necessary to implement the provisions of this act on their respective effective dates

Last Act: 01/28/08 SIGNED CHAP.1 01/28/08 APPROVAL MEMO.1
2 S6423A NOZZOLIO — Exempts county jails from the requirement to divert inmates with serious mental illness to a residential mental health treatment unit
BLURB : Cor. county jail: mentally ill
Chapter Signed Date Effective Date
2 01/28/2008 takes effect on the same date and in the same manner as §4 of chapter 1/2008, amending the correction law and the mental hygiene law relating to confinement conditions and treatment of convicted persons with serious mental illness, as proposed in legislative bills numbers S.6422 and A.9342, takes effect
Last Act: 01/28/08 SIGNED CHAP.2
3 S6477 PADAVAN — Relates to distributing unsolicited advertising on private property in cities with a population of one million or more
BLURB : Gen Bus L. unsolicited advertisng Chapter Signed Date Effective Date
3 01/28/2008 provided that §1 shall take effect on (11/13/2007) the same date and in the same manner as chapter 585/2007, takes effect
Last Act: 01/28/08 SIGNED CHAP.3
4 S6487B MAZIARZ — Relates to a review of the condition of cafeterias in school districts of N.Y. city; repealer
BLURB : Lab. school cafeterias; NYC; rvw
Chapter Signed Date Effective Date
4 01/28/2008 provided that §2 shall expire 3/2/2008 when upon such date the provisions of such section shall be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.4
5 S6495 MALTESE — Relates to provisional employees of certain public employers
BLURB : Civ Serv. provisional employees
Chapter Signed Date Effective Date
5 01/28/2008 and shall expire 12/31/2014 when upon such date the provisions of this act shall be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.5
6 S6509 LEIBELL — Provides a real property tax exemption for Cold War veterans
BLURB : RPT L. Cold War vet; exempt
Chapter Signed Date Effective Date
6 01/28/2008 takes effect on (1/03/2008) the same date and in the same manner as chapter 655/2007, takes effect
Last Act: 01/28/08 SIGNED CHAP.6
7 A8582A Alessi (MS) — Relates to the prevailing wage paid by individuals who are awarded public works contracts
BLURB : Lab. prevailing wage
Chapter Signed Date Effective Date
7 01/28/2008 takes effect on (4/27/08) the ninetieth day after it shall have become a law
Last Act: 01/28/08 signed chap.7 01/28/08 approval memo.2
8 S6519A FLANAGAN — Relates to guaranteeing payment of prevailing wages to the workers of New York state; repealer
BLURB : Lab. prevailing wages for workers Chapter Signed Date Effective Date
8 01/28/2008 takes effect on (4/27/08) the same date and in the same manner as a chapter of the laws of 2007 (became Ch. 7/08), amending the labor law and the general municipal law relating to guaranteeing payment of prevailing wages to the workers of New York state, as proposed in legislative bills numbers S. 5506-A and A. 8582-A, takes effect; provided that the amendments to subpars (iii) and (iv) of par a of subd 3-a of §220 of the labor law made by §3-a shall take effect on (2/24/08) the same date and in the same manner as chapter 629/2007, takes effect, when upon such date the provisions of §3 shall expire and be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.8 01/28/08 APPROVAL MEMO.2
9 S6549 FUSCHILLO — Relates to special academic grants to the Roosevelt Union Free school district; makes an appropriation to defray the deficit of such school district
BLURB : ED L. Roosevelt UFSD; grants
Chapter Signed Date Effective Date
9 01/28/2008 01/28/2008
Last Act: 01/28/08 SIGNED CHAP.9
10 S6773 ROBACH — Relates to compensation benefits and other terms and conditions of employment of certain state officers state officers and employees; repealer;appropriation
BLURB : Civ Serv. comp benefits
Chapter Signed Date Effective Date
10 01/28/2008 provided that the applicable effective date for Parts A through B shall be as specifically set forth in the last section of such Part PART A § 27. immediately and shall be deemed to have been in full force and effect on and after 4/2/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
PART B §18. immediately and shall be deemed to have been in full force and effect on and after 4/1/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
Last Act: 01/28/08 SIGNED CHAP.10
11 A9817 John — Relates to rates for workers’ compensation insurance and sets forth conditions for a workers’ compensation rate service organization; repealer
BLURB : Work C. workers’ comp rate servc
Chapter Signed Date Effective Date
11 01/28/2008 takes effect 2/1/2008; provided that the amendments to par 2 of sub§ (a) of §2316 of the insurance law made by §11 shall take effect on the same date that §68 of chapter 6/2007 takes effect; provided that the amendments to §2316 of the insurance law made by §11 shall not affect the expiration of such section pursuant to §2342 of the insurance law and shall be deemed expired therewith; and provided that §10 shall expire and be deemed repealed 6/2/2013.
Last Act: 01/31/08 signed chap.11
12 A9551A Towns (MS) — Relates to extending the provisions of chapter 591 of 2001 relating to limiting the check cashing exemption for national banks
BLURB : Banking; extd 591/01; check cash Chapter Signed Date Effective Date
12 02/11/2008 02/11/2008
Last Act: 02/11/08 signed chap.12 02/11/08 approval memo.3
13 A9650 Schimminger (MS) — Extends the sales and compensating use tax for the county of Erie until November 30, 2010
BLURB : Tax. Erie county sales tx; extndr Chapter Signed Date Effective Date
13 02/11/2008 02/11/2008
Last Act: 02/11/08 signed chap.13
14 S5978A LIBOUS — Extends provisions relating to rental vehicle provisions
BLURB : Motov extnds rentl vehcl provis
Chapter Signed Date Effective Date
14 02/19/2008 02/19/2008
Last Act: 02/19/08 SIGNED CHAP.14
15 S6446A GOLDEN — Makes certain corrections relating to substantial government assistance, continued affordability, and certain other areas relating to real property
BLURB : RPT L. real property ch amendment Chapter Signed Date Effective Date
15 02/19/2008 provided that §§ 1, 5 and 7 shall be deemed to have been in full force and effect on (8/17/07) the same date and in the same manner as ch 619/2007 took effect; and provided that §§ 2, 3, 4, 6 and 8 shall be deemed to have been in full force and effect on (8/17/07) the same date and in the same manner as ch 618/2007 took effect
Last Act: 02/19/08 SIGNED CHAP.15
16 A9340A Aubry — Makes a technical amendment relating to the probation detainer warrant pilot program
BLURB : CP L. detainer warrant pilot: cor Chapter Signed Date Effective Date
16 02/19/2008 provided that the amendments to subd 2 of § 410.92 of the criminal procedure law made by § 1 shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith
Last Act: 02/19/08 signed chap.16
17 A9443 Bradley — Relates to the tax on real estate transfers in towns
BLURB : Tax. real estate trnsfrs in towns Chapter Signed Date Effective Date
17 02/19/2008 takes effect on (1/1/08) the same date and in the same manner as ch 596/2007, takes effect
Last Act: 02/19/08 signed chap.17
18 A9998 Pretlow (MS) — Relates to racing corporations and associations; simulcasting and imposition of certain taxes
BLURB : RWB. racing corporations
Chapter Signed Date Effective Date
18 02/19/2008 provided, that §§ 14 and 16 shall take effect on the same date as the non-profit racing association known as The New York Racing Association, Inc.’s confirmation of a plan of reorganization in the pending
bankruptcy proceeding in the Southern District of New York; provided that the franchise oversight board shall notify the legislative bill drafting commission upon the occurrence of such confirmation of such plan of reorganization in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of § 44 of the legislative law and § 70-b of the public officers law; provided that the amendments to § 208-b of the racing, pari-mutuel wagering and breeding law made by § 16 shall be repealed on the same date as such section is repealed pursuant to ch 354/2005, as amended; provided that the amendments to para b of subd 3 of §527 of the racing, pari-mutuel wagering and breeding law made by § 69 shall not affect the expiration of such subdivision and shall be deemed to expire therewith; and provided the amendments to § 909 of the racing, pari-mutuel wagering and breeding law made by § 82 shall not affect the repeal of such section and shall be deemed to be repealed therewith; provided that the amendments to § 912 of the racing, pari-mutuel wagering and breeding law made by § 85 shall not affect the expiration and repeal of such section and shall be deemed to expire therewith; provided that the amendments to § 1012 of the racing, pari-mutuel wagering and breeding law made by § 93 shall not affect the expiration of such section and shall be deemed to expire therewith; provided that §101 shall take effect 4/1/2008; provided that at the conclusion of each twelve month interval following the effective date of § 101, the lottery division shall make a report to the governor and legislature assessing the impact of the redistribution of video gaming machine revenues as provided for in this act with special attention to evaluating the effects on funding education aid, and making such recommendations as such lottery division analysts believe may enhance the revenue production in support of education from the conduct of video gaming; and §102-a shall take effect on (1/1/09) the first of January next succeeding the date on which it shall have become a law; and the amendments to § 1617-a of the tax law, made by §102, shall not affect the repeal of such section and shall be deemed repealed therewith
Last Act: 02/19/08 signed chap.18
19 A9820 Abbate (MS) — Establishes retirement programs to permit members of the New York city teachers’ retirement system and certain others to retire early without a reduction
BLURB : R & SS. nyc tchrs retire incntve
Chapter Signed Date Effective Date
19 02/27/2008 provided that:
(a) the amendments to §§ 603 and 613 of the retirement and social security law made by §§3, 3-a, 4 and 6 and the provisions of §5 adding §604-i to the retirement and social security law shall not affect the expiration of and shall expire on the same date as article 15 of such law, pursuant to §615 of the retirement and social security law;
(b) the amendments to subd a of §603 of the retirement and social security law made by §3 shall be subject to the expiration and reversion of such subdivision pursuant to §13 of chapter 682/2003, as amended, when upon such date the provisions of §3-a shall take effect;
(c) the provisions of §§6, 7, 8, 9, 10, 11, 12 and 13 shall remain in force and effect only so long as, pursuant to federal law, contributions picked up under such sections are not includible as gross income of a member for federal income tax purposes until distributed or made available to the member;
(d) the amendments to §13-521.1 of the administrative code of the city of New York made by §§7, 8, 9 and the amendments made to subd 19 of §2575 of the education law made by §§10, 11, 12 and 13 shall not affect the expiration of such provisions as provided for in chapter 681/1992, as amended; and
(e) the amendments to subd d of §613 of the retirement and social security law made by §6 shall not affect the expiration of such subdivision and shall be deemed to expire therewith
Last Act: 02/27/08 signed chap.19 02/27/08 approval memo.4
20 S6421A LIBOUS — Relates to occupants of school buses between four and seven years of age
BLURB : V & T L. schl bus; 4 to 7 yr olds Chapter Signed Date Effective Date
20 03/04/2008 takes effect on (11/1/07) the same date as chapter 241/2007 took effect
Last Act: 03/04/08 SIGNED CHAP.20
21 A6344B Gunther (MS) — Requires policy holders to be provided with an annual notice that their policy does not cover damage caused by flooding or mudslides
BLURB : Ins. flood insurance annual notic Chapter Signed Date Effective Date
21 03/04/2008 takes effect on (8/31/08) the one hundred eightieth day after it shall have become a law
Last Act: 03/04/08 signed chap.21
22 A8813A Weprin — Enacts the fraternal benefit society modernization act of 2008
BLURB : Ins. fraternal beneft soc moderni Chapter Signed Date Effective Date
22 03/04/2008 03/04/2008
Last Act: 03/04/08 signed chap.22
23 A8925 Cahill — Relates to adding the Esopus creek to the list of state creeks
BLURB : Exec. Esopus creek added
Chapter Signed Date Effective Date
23 03/04/2008 03/04/2008
Last Act: 03/04/08 signed chap.23
24 A9357A Ortiz — Chapter amends S. 6159-A and A. 9191, relating to residential services for the treatment of eating disorders; repealer
BLURB : Pub Heal. residential: eating dis Chapter Signed Date Effective Date
24 03/04/2008 and shall be deemed to have been in full force and effect on (8/28/07) the same date as chapter 676/2007; provided, further that the amendments to subd 2-a of §2799-h of the public health law made by §1 shall not affect the repeal of such subdivision and shall be deemed repealed therewith
Last Act: 03/04/08 signed chap.24
25 A9419 Glick — Provides that no person shall stun to facilitate the killing of a fur-bearing animal by means of an electrical current
BLURB : Ag & Mkts. fur-bearing animals
Chapter Signed Date Effective Date
25 03/04/2008 takes effect on (10/27/07) the same date as chapter 642/2007 takes effect
Last Act: 03/04/08 signed chap.25 Continue reading

Barack Obama’s transition team has released its internal report about any contacts between Mr. Obama’s staff and embattled Gov. Rod Blagojevich over an appointment to the Senate seat being vacated by Mr. Obama.

Click here to see internal report

At the beginning of 2007, the steering committee of OpenTheGovernment.org put a spotlignt on the importance of developing recommendations for the next administration and Congress to strengthen government transparency. OMB Watch agreed to spearhead such a project and to work with the OpenTheGovernment.org coalition and others including the AALL Government Relations Office staff in fashioning recommendations for providing a new roadmap for openness in the federal government that will in turn provide greater government transparancy, accountability and usability of government information.

The resulting report “Moving Toward a 21st Century Right-to-Know Agenda: Recommendations to President-elect Obama and Congress,” was delivered to President-Elect Obama’s transition team the day after the election. It includes more than 70 prioritized recommendations on issues relating to national security and secrecy, usability of government information, and how to create an environment for greater transparency. Those who are concerned and would like to make their own positions known can go to a special website established by OMB Watch and endorse the findings of the Report.

All subscribers to journal titles published by Haworth Press should have received the following e-mail. Although it is only addressed to current subscribers, others may also be interested in this information; we are therefore posting the letter here:

Dear subscriber,

I am delighted to let you know that from today all journal titles formerly published by Haworth Press are now available at www.informaworld.com. This marks the first stage in migrating the ejournals from www.haworthpress.com to www.informaworld.com. The following information will help you to prepare for a smooth platform transition for you and your users.

Michael Gartenberg’s predictions as reported in Computerworld – December 17. 2008.

“Well, it’s that time of the year again. Time to enjoy the glow of a nice LED-backlit display and huddle with the warmth that only an overclocked PC can produce. Yep, it’s time to take a look at what’s going to happen in technology in 2009. Here are my five predictions for the new year.”

“The Bill and Melinda Gates Foundation has awarded nearly US$7 million to fund a pilot program aimed at helping public libraries in seven states get faster Internet connections, the foundation announced Thursday. The Bill and Melinda Gates Foundation has awarded nearly US$7 million to fund a pilot program aimed at helping public libraries in seven states get faster Internet connections, the foundation announced Thursday”. Click to Continue.
_____________________ CIO Insider, December 19, 2008.

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

Week of December 15-19, 2008.

U.S. 2nd Circuit Court of Appeals, December 15, 2008 Doe, Inc. v. Mukasey, No. 074943 In litigation concerning First Amendment challenges to the constitutionality of statutes governing the issuance and judicial review of National Security Letters (NSLs) which request records from providers of wire or electronic communication services, decision finding 18 U.S.C. subsections 2709(c) and 3511(b) unconstitutional and enjoining certain actions by FBI officials is affirmed in part, reversed in part, and remanded where: 1) the statutes are construed to avoid some constitutional challenges; 2) subsections 2709(c) and 3511(b) were unconstitutional to the extent that they imposed a nondisclosure requirement on NSL recipients without placing on the Government the burden of initiating judicial review of such a requirement; 3) subsections 3511(b)(2) and (b)(3) were unconstitutional to the extent that a governmental official’s certification that disclosure may endanger the national security of the U.S. or interfere with diplomatic relations was treated as conclusive; and 4! ) district court’s injunction is modified by limiting it to enjoining FBI officials from enforcing the nondisclosure requirement of section 2709(c) in the absence of Government-initiated judicial review.

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