March 2007 Archives

Property Selector--Ireland

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Property Selector 2000

Property Selector is Ireland's premier resource for Property Buyers and Sellers. Property Selector's comprehensive listings provide easy access to information on hundreds of properties.

Propertyselector.com is Irelands most comprehensive property website with the largest on line database of properties for sale. This site contains valuable information for property consumers on both the purchase and selling processes to enable you the user to make the better informed decisions.

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The European Union Countries seem to have moved much faster than we have to develop this type of web site; i.e., real estate databases for buyers (tenants) and sellers(landlords)

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Is it time to start looking for your retirement home?

Eyejot

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Eyejot


Eyejot is the first, comprehensive, client-free online video messaging platform for both personal and business communications. It offers everyone the ability to create and receive video messages in a self-contained, spam-free environment. With no client to install, you can start using Eyejot immediately with any browser, on any platform.

Eyejot easily works with all of the popular Web browsers on Windows and Mac OS X. Chances are, you already have the Adobe Flash Player installed so there is nothing more for you to install (for more information see system requirements)

ABI Bankruptcy Exchange

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ABI Bankruptcy Exchange

The ABI Bankruptcy Blog Exchange collects several blogs about bankruptcy into one convenient site.

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This is an excellent resource for those of us who don't do bankruptcy, as well as those who still do.

The Legal Talk Network

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The Legal Talk Network - The Misconceptions of E-Discovery

Today, e-discovery has become vital to attorneys and to their law businesses, however, some misconceptions exist such as Microsoft Vista’s effect on e-discovery. On Lawyer 2 Lawyer, Bob Ambrogi talks with the experts, Stephen D. Whetstone, Esq., VP of Client Development & Strategy for Stratify and Attorney Craig Ball, trial attorney and computer forensics examiner, to weigh in on the misconceptions of e-discovery and what the future holds for e-discovery. Co-host and attorney Craig Williams will be back on the next Lawyer 2 Lawyer show!

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This is an excellent example of the materials available on The Legal Talk Network.

Litigation Articles & Legal Research Collection

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Litilaw Legal Research & Litigation Related Articles

You'll want to review this free collection of hundreds of recently published articles of interest to litigators and related legal professionals. All articles are full-text, written by lawyers and have been published as part of continuing legal education (CLE) seminars, in legal journals, or are of similar quality.

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Hat Tip to Bob Ambrogi

Metro WiFi From the Outside In: Delivering Reliable Indoor Connections

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Event Registration (EVENT: 38063)

This free, 60-minute Webcast, sponsored by Ruckus Wireless, will help municipalities, service providers and systems integrators understand their options to ensure the delivery of a strong, reliable connection to outdoor wireless networks from inside the four walls.


Tuesday, April 24, 2007
1:00 PM Eastern Daylight Time

IRS e-News Subscriptions

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e-News Subscriptions

The IRS offers fifteen (15) free e-Newletters on various topics. Subscribe here

My personal favorite is e-News For Tax Professionals., which provides the latest national news for the tax professional community, as well as links to resources on IRS.gov and local news and events by state.
It also includes the former IRS Digital Dispatch.

NEW YORK LABORATORIES IDENTIFY TOXIN IN RECALLED PET FOOD

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New York State Department of Agriculture and Markets


Aminopterin Confirmed in Recalled Pet Food and Implicated Tissue Samples

New York State Agriculture Commissioner Patrick Hooker and Cornell University's College of Veterinary Medicine Dean Donald F. Smith announced today that scientists at the New York State Food Laboratory identified Aminopterin as a toxin present in cat food samples from Menu Foods, the manufacturer of the many brands of dog and cat food that are currently the subject of a nationwide recall.

The Food Laboratory received the pet food samples from a toxicologist at the New York State Animal Health Diagnostic Center at Cornell University, where testing has been underway to try to identify the cause of kidney failure in dogs and cats that consumed the recalled brands of pet food. At Cornell's request, the Food Laboratory tested the samples for poisons and toxins, and identified Aminopterin in the pet food samples at a level of at least 40 parts per million.

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Department of Agriculture & Markets News
Friday, March 23, 2007
Contact: Jessica A. Chittenden
518-457-3136
jessica.chittenden@agmkt.state.ny.us

SeaMonkey

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The SeaMonkey Project

Web-browser, advanced e-mail and newsgroup client, IRC chat client, and HTML editing made simple -- all your Internet needs in one application.

This version is compatible with computers running Mac OS X 10.2 and newer or Windows 95, 98, 2000, and 2003, as well as Windows XP. Themes, extensions, and plugins are available to customize your new browser.

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Editor's Note: Some of us are of an age to remember the Sea Monkeys" ads on the last page of our comic books. Just add water!!

LLRXCourt Rules, Forms & Dockets

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LLRX -- LLRXCourt Rules, Forms & Dockets

This site includes links to over 1,400 sources for state and federal court rules, forms and dockets.

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Our old friends at LLRX are still around and keeping up with our research needs, as is expected from Law Librarians. This unique, free searchable database is maintained and continually updated by Margaret Berkland.

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Hat Tip to Sabrina I. Pacifici, founder, editor, and publisher, whose free newsletter, bespacific is well worth a look.

FindLaw Daily Opinion Summaries for New York Court of Appeals - 03/22/07

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BANKING LAW, CONSTRUCTION, CONTRACTS, PROPERTY LAW & REAL ESTATE

Beal Savings Bank v. Sommer, No. 26 (N.Y. March 22, 2007)
One lender in a syndicated loan arrangement does not have standing to sue for breach of contract, contrary to the will of the other 36 lenders to forbear from taking action when the specific, unambiguous language of several provisions, read in the context of the agreements as a whole, show that the lenders intended to act collectively in the event of the borrower's default and to preclude an individual lender from disrupting the scheme of the agreements at issue.
[To view the full-text of cases you must sign in to FindLaw.com.]


CIVIL PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW

Kolnacki v. State of New York, No. 22 (N.Y. March 22, 2007)
In suit for personal injuries sustained in a slip and fall at Artpark, dismissal of claim is affirmed as claimant's failure to include the "total sum" of monetary damages in her claim, as required by Court of Claims Act section 11(b), is a jurisdictional defect.
[To view the full-text of cases you must sign in to FindLaw.com.]


CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM

People v. Dallas, No. 30 (N.Y. March 22, 2007)
A finding that the search of defendant's apartment was properly conducted under the "emergency" doctrine is affirmed as the courts below found that the three elements of the doctrine required by People v Mitchell (39 NY2d 173, 177-178 [1976]).
[To view the full-text of cases you must sign in to FindLaw.com.]


CRIMINAL LAW & PROCEDURE, PER CURIAM

People v. Melendez, No. 28 (N.Y. March 22, 2007)
Trial court's decision to require defendant's court-appointed interpreter to stand at the back of the courtroom and interpret testimony of a non-English-speaking witness for the entire court, rather than solely for defendant is affirmed over 1) claims of violation of defendant's right to counsel, right to be present, and right to participate in his own defense; and 2) claim regarding alleged inaccurate translation of complainant's testimony and faulty instructions to the grand jury.
[To view the full-text of cases you must sign in to FindLaw.com.]


CYBERSPACE LAW, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW

Thyroff v. Nationwide Mut. Ins. Co., No. 41 (N.Y. March 22, 2007)
On certified question from U.S. Court of Appeals for the Second Circuit, plaintiff may maintain a claim for the conversion of electronic data where defendant insurer, after terminating its agent agreement with plaintiff insurance agent, repossessed a computer system it had leased plaintiff, denied him further access to the computers and all electronic data, including his stored customer information and other personal information.
[To view the full-text of cases you must sign in to FindLaw.com.]


GOVERNMENT LAW, INJURY AND TORT LAW, PER CURIAM

Oboler v. City of New York, No. 33 (N.Y. March 22, 2007)
In a trip and fall case allegedly caused by a depressed manhole cover, dismissal of complaint at close of plaintiffs' case at trial is affirmed where: 1) there was no evidence defendant city repaved the street to cause the depression; 2) there was no proof of any special benefit conferred on defendant; and 3) preclusion of plaintiffs' expert's testimony did not affect the outcome of the case.
[To view the full-text of cases you must sign in to FindLaw.com.]


INSURANCE LAW

Nyack Hosp. v. General Motors Acceptance Corp., No. 29 (N.Y. March 22, 2007)
In a no-fault car insurance action, an insurer that is waiting for information to verify a pending claim, which delay causes aggregate claims to exceed $50,000, is not precluded by the priority-of-payment regulation (11 NYCRR 65-3.15) from paying already verified claims in the meantime.
[To view the full-text of cases you must sign in to FindLaw.com.]

COPA Ruled Unconstitutional

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ACLU V. GONZALES
March 22, 2007

A federal judge rules that the Child Online Protection Act (COPA), a law intended to protect children from sexually explicit and pornographic online materials, is unconstitutional.

Read the Child Online Protection Act (COPA)

US Supreme Court-Oral Argument Previews from Legal Information Institute

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The folks at Cornell's Legal Information Institute practically invented the idea of "adding value" to court information. Here is a sample of their oral argument previews, which are available on a free (Donations are appreciated) subscription basis as part of their "LII Bulletin". Subscribe here.

HABEAS CORPUS, JURISDICTION, FEDERAL RULES OF APPELLATE
PROCEDURE, NOTICE OF APPEAL, TIME LIMIT, UNIQUE
CIRCUMSTANCES

Bowles v. Russell (06-5306)
Oral argument: March 26, 2007

Keith Bowles was convicted of murder in Ohio and brought a
petition for habeas corpus in federal court, which was
denied. Bowles then filed a notice of appeal that was in
accord with an order from the District Court for the
Northern District of Ohio, but that was two days late under
the Federal Rules of Appellate Procedure. Consequently, the
Court of Appeals for the Sixth Circuit dismissed the appeal
based on a lack of jurisdiction. At issue is whether the
Federal Rule of Appellate Procedure 4(a)(6) imposes a
jurisdictional requirement which the Sixth Circuit was
required to enforce, or whether the rule could be
overridden due to unique circumstances. Bowles points to
equity factors, like the mistakes on the part of the
district court, and to recent cases regarding similar rules
as non-jurisdictional. Ohio argues that the time
requirement has to be given legal effect because it is
based on a statute from Congress. The Supreme Court's
decision will determine the jurisdictional status of time
requirements in procedural rules and the level of
discretion to be given to courts when addressing such
requirements.

Continue: Click here.

Law.com - Move to End Forced Judicial Retirement Gains Momentum in N.Y.

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Joel Stashenko
New York Law Journal
March 21, 2007

New York Gov. Eliot Spitzer said he wants to review the state Constitution's 150-year-old mandate that most judges retire at the end of the year in which they turn 70.

Just after attending a swearing-in ceremony Monday for Chief Judge Judith S. Kaye to a term that will end when she is forced to step down on Dec. 31, 2008, Spitzer said in an interview that leaders in private industries and professions "are wondering whether rules of that sort make any sense."

"I'm serious about it," he said. "I think it's an issue we should put on the table."

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Full Text of article.


Travelers Cas. & Surety Co. of Am. v. Pac. Gas & Elec. Co., No. 05–1429 (U.S.S.C. March 20, 2007)
Federal bankruptcy law does not disallow contract-based claims for attorney's fees based solely on the fact that the fees were incurred litigating bankruptcy law issues.
[To view the full-text of cases you must sign in to FindLaw.com.]

Docket Information for Travelers v. PG&E

IRS Identifies 40 Frivolous Positions for Taxpayers to Avoid

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IRS Identifies 40 Frivolous Positions for Taxpayers to Avoid

 IR-2007-61, Mar. 15, 2007

WASHINGTON The Internal Revenue Service today issued guidance identifying dozens of frivolous positions that taxpayers should avoid when filing their tax returns. The guidance lists 40 positions which have no basis for validity in existing law or which have been deemed frivolous by the United States Tax Court or other federal court.

If these or other frivolous positions are contained in a tax return, taxpayers could face a $5,000 penalty 10 times the previous maximum.

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Read Full Text here.

CORRECTION: wEbrief for March, 2007

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This statement in wEbrief is incorrect:

"People v. Kisoon, No. 15, 16 (N.Y. February 13, 2007)

The trial court did not commit a mode of proceedings error when it failed to disclose, or significantly paraphrased, a jury note in court.

http://caselaw.lp.findlaw.com/data/ny/cases/app/15&16opn07.pdf


In fact, the court of appeals ruled that the trial court did commit a mode of proceedings error, and affirmed the Appellate Division reversal
of conviction.

With thanks to NYSBA Past President Tom Levin, who spotted the typo.

US judiciary approves pilot program to release court recordings online

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JURIST - Paper Chase: US judiciary approves pilot program to release court recordings online

Saturday, March 17, 2007

Natalie Hrubos at 2:52 PM ET

[JURIST] The federal judiciary has approved a pilot program that will allow the public to download free audio recordings of court proceedings over the internet. US District Judge Thomas F. Hogan [profile], executive committee chairman of the policy-making Judicial Conference of the United States [official website], said he views the program as an attempt to make court proceedings more transparent. Court participation in the program, which is set to begin in the next few months, is voluntary.

AP has more.

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Several federal appeals courts like the Ninth and Seventh Circuits already provide audio recordings [Ninth Circuit audio files] of their oral arguments on their websites.

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This is merely one feature from a daily e-newsletter from Jurist's Paper Chase. Add Paper Chase legal news to your RSS reader or personalized portal.

Cooliris Previews

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Cooliris Previews - Discover More...

Cooliris Previews is a free browser add-on that lets you preview links without clicking or leaving your current page. Now you can browse faster than ever!

Cooliris Previews currently works for links on Google (Web, Images, News, Groups, Froogle), Yahoo!, AOL, Ask, Flickr, Newsvine, BBC News, CNN News, Craigslist, eBay, Del.icio.us and RSS feeds. They are working on a version which will support all websites.

It works with Firefox; Flock; Safari; and IExplorer.

CoolIris is easy to install and use, very fast, and will speed your browsing.

UPDATE: I noticed some slowing in my browser, Safari, and some hanging of windows; i.e., not closing, together with multiple visits from the SPOD (for non-Mac people--"Spinning Pizza of Death"), indicating slow operation. I deleted CoolIris and things are back to normal. I can't recommend it for Macusers at this stage of its development. Your milage may vary.

Why Do You Have Difficult Clients?

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Legal Ease Blog: Why Do You Have Difficult Clients?

Unfortunately, sooner or later, most of us get caught with difficult clients. But there's no reason to get caught with the same kinds of difficult clients over and over, is there?

During a discussion this week about dealing with difficult clients, one lawyer related that she had clients who called her incessantly, leaving multiple messages on her machine after hours, even while acknowledging that they knew the lawyer wasn't in the office. These same clients would arrive at the lawyer's office unannounced and demand to be seen, regardless of the lawyer's other appointments or obligations.

Not surprisingly, the lawyer also said that these clients were 'usually' clients who hadn't paid anything up front or who had gotten a discounted rate. The lawyer ended her commentary by saying, "I charge the lowest fees in town."

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For full text of this piece click here.


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Legal Ease Blog runs many helpful posts on law firm managment. Lawyer-consultant Allison C. Shields writes well and her topics are timely. You can subscribe to her blog and receive her thoughts on a daily basis.

Razr Comparison

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Motorola Razr gallery - CNET Reviews


Since it was introduced, Motorola's sleek and popular Razr phone hasn't seen many significant cosmetic changes. Don't let that fool you. Some of the latest additions are loaded with multimedia capabilities and new features that belie their familiar-looking exterior. Kent German rounds up the latest weapons in the Razr arsenal and tells you what lurks within each model. Read up on the details by scrolling down the gallery page.

Hat Tip to Kent German, Senior Editor CNET

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Editor's Note: None of this applies to Verizon's version of the Razr, which has been deliberately disabled by Verizon; e.g., Motorola's excellent firmware has been replaced by Verizon's proprietary operating system which won't alllow blue tooth to function and even prevents transfer to your computer of photos and data by USB or Firewire.

PERSONAL INJURY. PUNITIVE DAMAGES--3rd Dept

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Defendant, a pharmacist, plead guilty to criminally negligent homicide by causing the death of a two year old child by leaving narcotics unsecured near the child, who ingested them. After default, court awarded at inquest $75,000 (wrongful death/pecuniary loss), $250,000 (conscious pain and suffering) and $1,000,000 (punitive). On appeal, punitive award was set aside and remitted for new determination, with redetermined award of $750,000 being affirmed. Grossly negligent, or wanton or reckless conduct, indicating a conscious disregard of the rights of others, warrants punitive damages.

Appellate Division noted that punitive award was less than three times the awards for wrongful death and conscious pain and suffering, an acceptable ratio under State Farm Mutual Auto Insurance Co. v. Campbell, 538 US 408 (2003).

Guariglia v. Price Chopper Operating Co., Inc.

Ms.JD

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What is Ms. JD? | Ms. JD [beta]

Concerned by the rates at which women opt out of the legal profession, the lack of representation of women in the highest courts and echelons of the legal community, and the role of gender in the progression of many women’s legal careers, a group of female law students from Boalt Hall (UC Berkeley), Cornell, Georgetown, Harvard, NYU, Stanford, UCLA, UT Austin, the University of Chicago, the University of Michigan, the University of Virginia, and Yale came together and created Ms. JD. Serving women in law school and the legal profession, Ms. JD will be an online community that provides a forum for dialogue and networking among women lawyers and aspiring lawyers.

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Ms. JD will launch at a national conference co-hosted by Yale Law Women at Yale Law School on March 31, 2007.

Legally Female: What Does It Mean To Be “Ms. JD”? is a collaboration between Yale Law Women and the national blog, Ms. JD, that explores the status of women in the legal profession. The conference will spark collaboration to improve the standing of women in legal careers and law schools. Panels will stake out common grounds where women in law can connect across boundaries of geography, institutions, and practice areas. Legally Female’s goals are (1) to foster professionally transformative alliances through new communications technologies, and (2) to share tools and strategies to enhance the experiences of women in law.

Conference participants will discuss the evolution of women’s positions in the legal profession and the ways that technology is changing what it means to be a woman attorney. The conference will also harness the amplifying power of the Internet by uploading speaker content and inviting live bloggers to share panelists’ insights across the web. Most importantly, conversations and projects begun at the conference will grow and expand online after the conference ends.

For more information, email ms-jd@legallyfemale.org .

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Hat Tip to Carolyn Elefant of My Shingle.

COSAC Rule Proposals--Comments Needed

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Here below are links to the full text of proposed rules to be presented at the June House of Delegates meeting:


Rule 1.7

Rule 1.8

Rule 1.9

Rule 1.10


The deadline for comments is May 25, 2007. Seth Rosner is the contact person for comments. His telephone number is 518-587-4802 and his e-mail is sethrosner@nycap.rr.com.

MEDICARE DRUG PROGRAM (PARTD)-PLI Newsletters

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TRAINING OUTLINE
Valerie J. Bogart
David Silva
Selfhelp Community Services, Inc.

PLI has some of their very useful training materials available online for free. For example, here is a 50-page "outline" of Medicare Part D, with specific references to NY plans, including EPIC.

If you would like to sign up for PLI's free newsletter(s), click here.

Law.com: 2nd Circuit Forms Committee to Address Grievances Against Attorneys

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Law.com: 2nd Circuit Forms Committee to Address Grievances Against Attorneys
Mark HamblettNew York Law Journal03-13-2007

The 2nd Circuit has formed a new committee to handle grievances against attorneys, a move officials said signals a more proactive role in evaluating ethics issues.

Chief Judge Dennis Jacobs announced Monday a seven-person committee that will be charged with what he called the "vital" function of investigating and filing recommendations on disciplinary matters that are referred to it by the court.

(full text of article)

Choosing between an S Corporation and an LLC - The New York Perspective

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Imke Ratschko PLLC - Choosing between an S Corporation and an LLC - The New York Perspective


Most small business owners end up deciding between a New York S corporation and a New York limited liability company (LLC) when choosing a formal legal structure for their New York business. Both entities offer limited liability and a startup friendly tax treatment. But which entity is right for your small business?

Imke Ratschko has done an excellent job of answering some frequently asked questions with respect to the two business entities.

scanR

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Scan, copy and fax with your camera phone or digital camera

Turn your camera phone into a scanner, copier, and fax. Clean photos of documents, whiteboards and business cards. Extract any text and contact informationStore, search and share online

Try scanR for free now.

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Hat Tip to Rick Georges a Florida solo attorney and author of Law.com's Future Lawyer blog. You may contact him at rgeorges@futurelawyer.com.

Waxxi

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Waxxi : About Us

Waxxi is a presenter and producer of live and archived interactive podcasts.

Waxxi’s Interactive Podcasts are open to anyone who wants to be a part of the experience, and have the chance to ask their guests a question, or comment on something relative to the topic. Hundreds globally will participate.

Their inaugural event brings people from Slovakia to Sweden, New Zealand to the Netherlands, China to Chicago, Brazil to Boston, Tokyo to Texas, and beyond. It is truly a global conversation.

Waxxi will also launch a business-focused global social network. The groups will be formed around the interactive podcast topics, such as business blogging, Web 2.0, Investor Talk and so on. Groups will also be formed by the demand, or suggestions, of members.

Waxxi's business model is to provide organizations and corporations a ‘private label’ service in building and customizing interactive podcasts and social networks.

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Join them for a global conversation with Wikipedia founder Jimmy Wales.

When: Thursday, April 5, 2007 from 1:30PM-2:30PM EST.

Federal Appeals Court Rules D.C.'s Gun Ban is Uconstitutional

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PARKER V. DISTRICT OF COLUMBIA
U.S. Court of Appeals for the D.C. Circuit, March 9, 2007

A challenge was brought against District of Columbia gun control laws which bar the registration of handguns, the carrying of pistols without a license, and also require all lawfully owned firearms be kept unloaded and disassembled or bound by a trigger lock. A district court dismissed the complaint against the District based on a finding that the Second Amendment, at most, protects an individual’s right to bear arms for service in the Militia, and that the term "Militia" in the Second Amendment refers to an organized military body, such as a National Guard unit. The ruling is reversed, as the Second Amendment protects an individual right to keep and bear arms, the activities it protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.


LAP

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NYSBA | Lawyer Assistance Program (LAP)

The New York State Bar Association Lawyer Assistance Program (LAP) provides education and confidential assistance to lawyers, judges, law school students, and immediate family members who are affected by the problem of substance abuse, stress, or depression. Its goal is to assist in the prevention, early identification and intervention of problems that can affect professional conduct and quality of life.

My Yahoo! is All New!!

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My Yahoo!

A fresh new look

Newly designed Yahoo! modules
New page colors and themes

More flexibility and control

Drag and drop modules anywhere
See more stuff with a new four column layout

Save time with fewer clicks

Read articles without leaving your page
Get quick overviews with the editable Personal Assistant

Plus more...

Share your page with friends
Choose what you see with advanced settings

Editorial: Buffalo News--State underfunding deprives poor of equal justice

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Buffalo News: Another Voice


Updated: 03/09/07 6:51 AM

 By Stephen R. Lamantia

Nearly a decade ago, New York State Chief Judge Judith S. Kaye stated: "A justice system that allows disparities in justice based on the ability to pay is inconsistent with a fundamental principle of our free democratic society ' equal justice for all.'" Sadly, New York State, which prides itself as the birthplace of legal services for the poor, now ranks among the worst states in the nation when it comes to funding civil legal services for its low-income population. More than 80 percent of the most basic civil legal needs of New York's low-income population are not being met. These are in such critical areas as elder care, child care assistance, health care services, domestic violence and housing and human rights. The primary reason is lack of adequate state funding.

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Read Full Text of Editorial

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Stephen R. Lamantia is president of the Bar Association of Erie County.

N.Y. Judges Advised Not to Link Recusals to Pay Dispute

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Law.com - N.Y. Judges Advised Not to Link Recusals to Pay Dispute


Daniel Wise
New York Law Journal
March 9, 2007

The New York court system's Advisory Committee on Judicial Ethics has concluded that judges should not recuse themselves from cases where state legislators or members of their firms are representing parties before them solely because of the "long-standing issue of judicial salary increases pending before the Legislature."

As judicial morale sagged after the Legislature failed to enact a pay increase in December, several judges around the state began to take themselves off cases handled by legislators or members of their firms.

Chief Administrative Judge Jonathan Lippman said in an interview that he had requested an opinion from the committee because he had gotten "a lot of inquiries from judges who had been asked by other judges to recuse themselves."

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Read full text of article

New York City Civil Court: Contact Held Insufficient to Sue eBay Seller

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Law.com - Contact Held Insufficient to Sue eBay Seller

Mark Fass
New York Law Journal
March 7, 2007

In a case of apparent first impression, a Staten Island, N.Y., judge has ruled that a single eBay transaction between a New York buyer and an out-of-state seller is insufficient to establish personal jurisdiction in a breach of contract action.

One sale, "without more, does not constitute sufficient purposeful availment to satisfy the minimum contacts necessary to justify summoning across state lines, to a New York court, the seller of an allegedly non-conforming good," Richmond County Civil Court Judge Philip S. Straniere held in Sayeedi v. Walser, 10610/06.

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(read full article on law.com)

2006 ALTA POLICIES APPROVED FOR NEW YORK

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From:
First American Title Insurance Company of New York
Michael J. Berey
General Counsel
No. 94, March 5, 2007

RE: CURRENT DEVELOPMENTS--SPECIAL EDITION

On June 17, 2006 the American Land Title Association ("ALTA") approved a 2006 ALTA Owner's Policy, a 2006 ALTA Loan Policy, and a 2006 ALTA Short Form Residential Loan Policy (One-to-Four Family). As of February 1, 2007 the new ALTA Policies were being issued by First American in approximately twenty-five states.

Title insurers in New York currently issue the 1992 ALTA forms of Owner's and Loan Policies, as modified by the New York Standard Endorsements, and the 1992 ALTA Short Form Residential Loan Policy with Title Insurance Rate Service Association, Inc. ("TIRSA") amendments. As of May 1, 2007 these forms wil no longer be issued in New York The 2006 ALTA Owner's Policy and 2006 ALTA Loan Policy, as amended by revised forms of Standard Endorsements, and the ALTA's 2006 Short Form Residential Loan Policy with TIRSA Amendments, have been approved by the State Insurance Department and will be the default policies in New York on May 1. Other TIRSA Policy Endorsements have been revised, effective May 1, to correspond their text to the new Policies.

Some of the changes in the 2006 ALTA Owner's and Loan Policies are the following;

See: Extended Entry

United States v. Reich, 06-CR-1445

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Law.com - 2nd Circuit Upholds Attorney's Conviction for Forgery

Tom PerrottaNew York Law JournalMarch 5, 2007

Perry Reich, the Long Island, N.Y., attorney who forged a federal magistrate judge's order, will remain in prison after a federal appeals court denied a bid to overturn his conviction.

A unanimous panel of the 2nd U.S. Circuit Court of Appeals upheld on Friday all aspects of Reich's conviction for forgery and obstructing a judicial proceeding, as well as his 27-month sentence.

The ruling in United States v. Reich, 06-CR-1445, written by Judge Sonia Sotomayor, put an end to a case that surprised and saddened many in the New York legal community who knew Reich as an accomplished appellate lawyer.

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For full text of decision.

Long Time Lost

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Long Time Lost

Long Time Lost is a free "service" that allows you to create a "search" for someone you lost touch with. That "search" is then indexed by Google (and other search engines) and then when that person you are looking for (or someone who knows them) does a "Vanity Search" (the process of searching for one's own name on Google)... they find your "search" and can respond to you and reconnect. All information is handled through the system so your private information like your email address isn't out there on the net.

It's new, it's Web 2.0, it's powered by Google, it's Ruby on Rails... and it's FREE... so check it out.

The Online Books Page

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The Online Books Page is a website that facilitates access to books that are freely readable over the Internet. It also aims to encourage the development of such online books, for the benefit and edification of all.

JAJAH

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JAJAH - web-activated telephony

JAJAH is an innovative and simple way to make cheap phone calls using the Internet without headphones, microphones or having to install any software at all. JAJAH connects two standard telephone machines, whether they are landline or mobile, local or anywhere else in the world, regardless if the owner is connected to the Internet or not. JAJAH is just like using your regular phone, only a lot cheaper!

JAJAH works from your web browser and no installation of any kind is necessary.

The calls made through JAJAH WEB are phone-to-phone, which means you don’t need a headset, a microphone or a special phone to use it, so you don’t have to be tied to your computer. JAJAH WEB also uses the web browser, so you don’t have to download or install any kind of software to use it.

You can try JAJAH for 5 minutes to any landline destination for free. If you want to keep using JAJAH after the trial, you will need to register.

A call made by JAJAH is exactly like a regular call – you use your regular telephone device (i.e. regular or mobile) and not a headset connected to a computer. JAJAH only initiates your call.

Making a call is very simple. In trial mode simply go to the JAJAH web site at http://www.jajah.com/. You will see that the screen is divided into two main sections: "my phone number" and "my friend's phone number." In "my phone number," you can see your country is already selected for you. All you have to do here is enter your area code and phone number (for example: 098 7654 321). The second stage is to select your desired destination number - first choose the country to which you want to call and then enter the area code and phone number. Now click the CALL button. Your phone will now ring. Pick it up and hold while JAJAH connects your call. If you have already registered, all you need to do is select one of your source numbers, enter your desired destination number (or pick it from your address book) and click the CALL button.

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TSA Airport Lost & Found Contact Numbers

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TSA: Airport Lost & Found Contacts

So you say they didn't return your laptop after they took you aside for the cavity search? You were too flustered to ask for it. You want your laptop back; but the airline personnel haven't a clue? Who you gonna call?

Here is the list of TSA Numbers.

These Lost & Found contacts are only for items left at TSA Security Checkpoints or items missing from checked baggage.

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Hat Tip to Thomas H. Hart III of the MacLaw list.

vLex.us

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vLex.us

Introducing vLex.us

An ever-growing resource of information for legal professionals, including all Supreme Court Cases since independence, Federal Law and Regulations and a search engine for open-acess web journals.

CRIMINAL LAW & PROCEDURE, EVIDENCE

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Whorton v. Bockting, No. 05-595 (U.S.S.C. February 28, 2007)

Under the rules set out in Teague v. Lane, 489 U. S. 288 (1989), the Supreme Court's decision regarding the admissibility of testimonial hearsay evidence under the Sixth Amendment in Crawford v. Washington, 541 U.S. 36 (2004), is not retroactive to cases already final on direct review. Crawford announced a "new rule" of criminal procedure which does not fall within the Teague exception for watershed rules.
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