July 2007 Archives

Ustream.tv

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Ustream is a platform which provides live interactive video for everyone. Anyone with a camera and an Internet connection can use Ustream to broadcast to a global audience.

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Streaming a video is not really so difficult these days. Here is an example of a service which functions as a free streaming host.

I first watched the folks in line for the iPhone on this service. There are examples of live web cams…user- generated videos of all types…feeds of Italian Satellite TV…Church services…political conferences.

Anyone with a cam and an internet connection can stream to as many viewers as wish to watch.

ABA Journal Redesign Results in New Law Portal

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About Us | ABA Journal - Law News Now

Breaking legal news, updated as it happens by their staff of reporters throughout every business day.

Analysis from more than 1,000 legal blogs, written by lawyers who are experts in their fields.

You don’t have to come to the website to stay current with the latest legal news. You can receive free Daily and Weekly e-mail newsletters. You can add their RSS feeds to your feed reader. You can read their Mobile Edition on your Internet-capable cell phone or BlackBerry.

ABA Journal Home

YouDeparted.com

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YouDeparted.com - Welcome! Prepare for the unexpected. Release instructions, estate info, and messages if something happens to you.

YouDeparted.com helps organize and pass on your information and thoughts if something happens to you. It helps protect your family from undue costs and distress.

Nevada based YouDeparted provides an encrypted electronic safe deposit box with up to 5GB of space that can be accessed by loved ones in the event of a members death

Members use the service to store important information and last messages. When a member passes away, designated family members and friends may unlock the account. Before an account can be unlocked, a minimum number of Recipients set by the member must independently verify that member’s passing. Once the account is unlocked, Recipients are granted access to information specifically left for each of them, and the emails and letters written earlier by the member are sent out.

US District Court MDPA Rules Hazleton Ordinances Unconstitutional

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 J. Munley'€™s comprehensive decision striking down the Hazleton PA local ordinances can be  found in its full 206 pages Lozano v. City of Hazleon.

IDEA - Building The Legacy of IDEA 2004


This site was created to provide a "one-stop shop" for resources related to IDEA and its implementing regulations, released on August 3, 2006. It is a "living" website and will change and grow as resources and information become available. When fully implemented, the site will provide searchable versions of IDEA and the regulations, access to cross-referenced content from other laws (e.g., the No Child Left Behind Act (NCLB), the Family Education Rights and Privacy Act (FERPA), etc.), video clips on selected topics, topic briefs on selected regulations, links to OSEP's Technical Assistance and Dissemination (TA&D) Network and a Q&A Corner where you can submit questions, and a variety of other information sources.

New York's Attorney Advertising Rules Held Unconstitutional

The Northern District of New York ruled July 23rd, 2007 that New York's amended rules against attorney advertising are unconstitutional and permanently enjoined enforcement of most of the challenged provisions. The court agreed with Public Citizen's argument that the state had not shown that the rules were necessary to help consumers and were not narrowly tailored to the state's asserted purpose. In fact, the rules restricted truthful advertising that would benefit consumers.

Hello, I'm a Lawyer With a Mac

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Special to Law.com

If you see the "Hello, I'm a Mac" television commercials, you may wonder why you own a Windows PC. Consultant Brett Burney reviews why Macs are not only for musicians and artists but also for lawyers when you add software that virtualizes Windows.

Read His Entire Article Here

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Full Disclosure: The moderator of this blog has used Macintosh computers only in his law office since 1986. All of these blog posts are accomplished on a slightly out-dated eMac.

Law.com - N.Y. Federal Judge Strikes Down Many New Attorney Ad Rules

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N.Y. Federal Judge Strikes Down Many New Attorney Ad Rules

Finds state failed to prove that ban on certain content advanced goal of protecting public from misleading ads

Anthony Lin
New York Law Journal (Read entire article)
July 24, 2007

A federal judge has ruled unconstitutional most of the sweeping new restrictions on attorney advertising introduced earlier this year by the New York courts.

The restrictions, which went into effect Feb. 1, had barred lawyers from, among other practices, using nicknames that suggest an ability to obtain results or touting "characteristics clearly unrelated to legal competence."

Alexander & Catalano, the Syracuse, N.Y., personal injury firm that challenged the constitutionality of the advertising restrictions, had previously run ads calling its lawyers "heavy hitters" and showing them towering over downtown office buildings or sprinting at impossible speeds to help clients.

The four presiding justices of New York's Appellate Division, who are charged with overseeing attorney discipline, first unveiled proposed restrictions on attorney advertising last June to address concern that outrageous and aggressive lawyer ads were misleading the public as well as harming the image of the profession.

But Northern District of New York Judge Frederick J. Scullin ruled that the state had largely failed to show that its wholesale prohibitions of certain kinds of content had advanced its interest in protecting the public from misleading lawyer advertisements. Moreover, he said, the state had failed to show less onerous means could not achieve the same ends.

"Defendants have failed to produce any evidence that measures short of categorical bans would not have sufficed to remedy the perceived risks of such advertising being misleading," the judge wrote in Alexander & Catalano v. Cahill, 07 Civ. 117. "There is nothing in the record to suggest that a disclaimer would have been ineffective."

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Along with the bans on nicknames and nonlegal characteristics, prohibitions on active client testimonials, portrayals of judges and fictitious law firms and the use of Internet pop-up ads were also struck down as unconstitutional in Scullin's decision.

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The IRS is mailing educational letters this month to more than 650,000 small tax-exempt organizations that may be required to submit a new annual notice, Form 990-N, Electronic Notice (e-Postcard) for Tax-Exempt Organizations Not Required to File Form 990 or 990-EZ. Exempt organizations with receipts of less than $25,000 will need to file the e-Postcard in 2008. Get more information in news release IR-2007-129.

NYC Administrative Code

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The New York City Administrative Code can be found on the New York State Legislature's Web site. (new)

Follow the link provided below.

Click on Laws of New York, the last link on the page.

Scroll to the bottom of the resulting page and click on ADC New York City Administrative Code under Miscellaneous.

Visit the New York State Legislature Web site

Do-It-Yourself Forensics

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Legal Technology - Do-It-Yourself Forensics


By Craig Ball
Law Technology News (entire article)
July 12, 2007

...

The safest way to forensically preserve digital evidence is to engage a qualified computer forensics expert because no one is better equipped to prevent problems or resolve them should they arise. But when there's no budget for an expert, there's still an affordable way to meet a duty to forensically preserve electronic evidence: do-it-yourself.

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See how to do it here.

Revised Federal Minimum Wage Poster

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Under the Federal Fair Labor Standards Act (“FLSA”) the minimum wage increases to $5.85 per hour effective July 24, 2007, to $6.55 per hour effective July 24, 2008, and to $7.25 per hour effective July 24, 2009. Until July 24, 2009, employers in New York must continue to comply with the higher minimum wage of $7.15 per hour established under the New York State Minimum Wage Act. On July 24, 2009, the New York minimum wage will automatically increase to $7.25 per hour to be consistent with the FLSA.

Employers are required to post a Federal minimum wage notice in a conspicuous place in their establishments so that employees can readily read it. The U.S. Department of Labor (“USDOL”) has revised the Federal minimum wage poster to reflect the new minimum wage increases. The revised poster, which must replace your current minimum wage poster beginning on July 24, 2007, can be downloaded and printed from the USDOL’s web site at http://www.dol.gov/esa/regs/compliance/posters/flsa.htm

N.Y. Chief Judge Explains Her Deferral of Pay Hike Suit

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Kaye calls continuing pay drought the most trying issue in her 14 years as chief judge
Joel Stashenko and Daniel Wise
New York Law Journal (entire article)
July 11, 2007


It can be a sign of strength to defer filing a lawsuit if doing so would weaken the position of judges who are advocating for a pay raise, Chief Judge Judith S. Kaye has told the state's judges in an e-mail communiqué.

"I have no doubt that a lawsuit by me on behalf of the Unified Court System would not have helped us one whit had it already actually been brought," she wrote in the memo. "Indeed, given these players, it would have damaged our cause."

The commencement of a lawsuit trying to force the New York Legislature and Gov. Eliot Spitzer to grant the state judiciary its first pay raise since 1999 "chills our dealing with our partners in government, including -- most pointedly -- further informal communications regarding pay increases," the chief judge wrote in an e-mail dated Friday.

"As lawyers and judges, we have all spent our lives dealing with litigation, and know that -- rather than a sign of weakness -- sometimes real strength lies in deferring potentially counterproductive action," Kaye said.

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See the full text of Chief Judge Kaye's memo.

Revised Innocent Spouse Form Now Available

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The redesigned Form 8857, Request for Innocent Spouse Relief, will help reduce follow-up questions and ease the burden on taxpayers. See news release IR-2007-125.

GEORGETOWN LAW LIBRARY: ADMINISTRATIVE LAW RESEARCH TUTORIAL

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This tutorial will introduce you to the topic of administrative law research. For the general practitioner who does not work in a regulatory practice, the skills covered in this training session will be essential should you need to research adminstrative law.

The National Agricultural Law Center & The National AgLaw Reporter

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The National Agricultural Law Center is the nation's leading national and
international resource and provider of objective, scholarly, and authoritative
agricultural and food law research and information. Its website provides access to Center publications and serves as a gateway to agricultural law resources on the Internet.

The National AgLaw Reporter is a regularly updated electronic newsletter dedicated to reporting developments of interest to the agricultural and food law communities. Case Summaries are concise summarizations of recent judicial developments in agricultural and food law. Federal Register Digest provides a brief summary of some of the most significant regulatory changes affecting agriculture published in the Federal Register since January 1, 2002. Agricultural Law Update are archive issues of the monthly newsletter of the American Agricultural Law Association from 1998 to 2005. Judicial Officer Decisions published here represent all major decisions rendered by that office since January of 2002. All are available for free at:

iTunes U & iTunes 7.3

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iTunes U gives higher education institutions an ingenious way to get audio and video content out to their students. Presentations, performances, lectures, demonstrations, debates, tours, archival footage — iTunes U is based on the iTunes Store, where millions of people already get their music, movies, and TV shows. Now there’s an area of the iTunes Store devoted entirely to education, where it’s easy to search thousands of audio and video files from schools across the country.

Colleges and universities build their own iTunes U sites. Faculty post content they create for their classes. Students download what they need, and go. Available for Mac, a PC, or an iPod.

Already, more than half of the nation’s top 500 schools use it to distribute their digital content to students — or to the world. Any school can open all or part of its site to the public, from alumni to parents to anyone with a love of learning.

iTunes U requires iTunes free software. Version 7.3 is available for Mac, and PC here.

CONSTRUCTION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, PROPERTY LAW & REAL ESTATE
Morris v. Pavarini Constr., No. 102
The question of whether a Labor Department regulation, requiring "forms" to be "braced or tied together so as to maintain position and shape" has been violated, cannot be answered on the record before the court as a more complete record is necessary, both as to the nature of the object that caused the injury and the opinions of those expert in the construction of concrete walls as to whether the words of the regulation can sensibly be applied to anything but completed forms.

CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM
People v. Liner, No. 107
Conviction of burglary, petit larceny, and criminal possession of a weapon in the third degree for stealing merchandise at a Duane Reade store is affirmed where defendant failed to assert at the time of the trial that the admission of trespass notices, revoking defendant's privilege to enter Duane Reade stores, violated his right of confrontation.

CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM
People v. LaPetina, No. 105
Conviction of burglary, assault in the third degree, and endangering the welfare of a child, with appellate division reversing assault convictions, is affirmed over claims that: 1) defendant was entitled to a Penal Law section 35.05 charge for the burglary offense; 2) the appellate division should have reversed the burglary conviction because it was "contaminated" by the charging error associated with the assault counts; and 3) the trial court erred in precluding admission of photographs of an injury suffered by a person who was not present during the altercation involving defendant.

CRIMINAL LAW & PROCEDURE, SENTENCING
North v. Bd. of Exam'rs of Sex Offenders of N.Y., No. 99
Petitioner's federal conviction for possession of child pornography offense warranted registration under New York's Sex Offender Registration Act.

ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY, PER CURIAM
In the Matter of the Honorable Jean Marshall, No. 106
State Commission on Judicial Conduct findings that petitioner judge had engaged in improper ex parte communications with the defendants in several building code violation cases and then dismissed the cases in advance of the adjourned dates without providing the prosecutor notice or an opportunity to be heard, and that, during the investigation, petitioner testified falsely at a Commission proceeding and altered her court calendar to conceal the deception, are affirmed and petitioner judge is removed from the Office of Justice.

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GOVERNMENT BENEFITS, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE
Rosario v. Diagonal Realty, LLC, No. 95
A landlord's determination to accept federal "Section 8" rent subsidy payments is a "term and condition" of a lease executed with a rent-stabilized tenant, within the meaning of Rent Stabilization Code section 2522.5(g)(1), so that a renewal lease must continue with that term and condition.

INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, PROPERTY LAW & REAL ESTATE
Broggy v. Rockefeller Group, Inc., No. 101
In case where plaintiff, a window washer was injured at a worksite, sued people involved with the office building, appellate division's reversal of partial summary judgment for plaintiffs on liability under labor law section 240(1), and grant of summary judgment to defendants dismissing plaintiffs' Labor Law section 240(1) claim and the complaint, is affirmed where plaintiffs "failed to establish the need for any safety device affording protection from the effects of gravity in connection with the interior window cleaning at issue.


FINDLAW: Pres. Bush Commutes 'Scooter' Libby's Prison Sentence

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GRANT OF EXECUTIVE CLEMENCY

(Washington, D.C., July 2, 2007) - President Bush commuted the 30-month prison sentence given to Lewis Libby, Vice-President Dick Cheney's former Chief of Staff, for his role in lying to investigators in the Valerie Plame CIA leak investigation.

OZOcar

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OZOcar

OZO Car provides a green alternative to on-call car services, providing green taxi and car services for the masses. The price is only a little bit more than a regular car service.

OZOcar's fleet of Toyota and Lexus cars features the most energy efficient hybrid engine on the market today. Their mid-size car, the award-winning Prius, is distinctive, elegant and quieter than a regular car. It generates up to 89% fewer smog-forming emissions than the average new car. When a larger vehicle is needed, OZOcar will provide a luxury full-size hybrid model, such as the Lexus Rx 400h.

HIGH TECH CONNECTION: Check your email with the high-speed wireless connection provided in every car. Free Wifi and the use of the internet on a Mac laptop in the backseat. Choose your own satellite radio station.

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