January 2009 Archives

OpenOffice.org 3.0.1 released

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pipl - People Search

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pipl - People Search

"The most comprehensive people search on the web" is not only this site's slogan, it may also be accurate. pipl uses proprietary algorithms to search the "deep web"; i.e., deeper than the links on pages most search sites use.

The site is free. Premium search services sponsor banners within pipl search results. The free results should be adequate for most users. Try a "vanity search" on your name to see just how much information is out there about you.


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ScreenToaster - Create screencasts in seconds and share your videos online

ScreenToaster is an online screencast service allowing you to capture screen activity.

To watch videos : Just click on a video to launch the player.
To record videos : Click on "Start recording" or "New recording", start recording using the shortcuts.
When finished, add audio and subtitles, describe and tag your video so other users can easily find your screencasts.

ScreenToaster is compatible with Windows XP and Vista, Mac OS X and Linux.

ScreenToaster is optimized to run on Firefox 2 , Internet Explorer 7 , Chrome, Opera 9 and Safari.

ScreenToaster is free .


(FDA S.E. Region, Atlanta, GA, Jan. 27, 2009) - The U.S. Food & Drug Administration's inspection of a peanut butter and peanut paste processing facility in Georgia found harmful Salmonella at different places in the facility. Inspectors concluded that the Peanut Corporation of America failed "to manufacture foods under conditions and controls necessary to minimize the potential for growth of microorganisms and contamination."

Related Resources
Peanut Butter Products Recalled, Linked to Salmonella Outbreak

FINDLAW:Daily Opinion Summaries for U.S. Supreme Court - 1/26/09

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Van de Kamp v. Goldstein, No. 07-854
In the context of 42 U.S.C. section 1983 civil rights suits, a prosecutor's absolute immunity extends to claims that the prosecution failed to disclose impeachment material due to failure to: 1) properly train prosecutors; 2) properly supervise prosecutors; or 3) establish an information system containing potential impeachment material about informants.


Crawford v. Metro. Gov't of Nashville, No. 06-1595

The protection of Title VII of the Civil Rights Act of 1964, which forbids retaliation by employers against employees who report workplace race or gender discrimination, extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer's internal investigation.


US v. Eurodif S.A., No. 07-1059
In a case involving the propriety of the Commerce Department's treatment of certain transactions as sales of "foreign merchandise" subject to the Tariff Act's anti-dumping provision, 19 U.S.C. section 1673, the Court rules that the Commerce Department's treatment of certain imports of low enriched uranium as sales of goods (rather than "services") was a permissible interpretation and application of section 1673, despite the parties' contracts calling the transactions "sales of uranium enrichment services".


Arizona v. Johnson, No. 07-1122
In a case involving the authority of police officers to "stop and frisk" a passenger in a motor vehicle after a traffic stop, the Court rules that: 1) the first condition of Terry v. Ohio, i.e. a lawful investigatory stop, is met whenever it is lawful for police to detain an automobile and its occupants pending inquiry into a vehicular violation; 2) police need not have, in addition, cause to believe any occupant of the vehicle is involved in criminal activity; and 3) to justify a pat-down of the driver or a passenger during a traffic stop, however, just as in the case of a pedestrian reasonably suspected of criminal activity, the police must harbor reasonable suspicion that the person subjected to the frisk is armed and dangerous.


Nelson v. US, No. 08-5657
The Court re-emphasizes that its cases do not allow a sentencing court (as opposed to an appellate court) to presume that a sentence within the applicable Sentencing Guidelines range is reasonable. Here, the sentencing court clearly applied a presumption of reasonableness to petitioner's Guidelines range, and the circuit court erred in affirming the sentence.


Kennedy v. Plan Admin. for DuPont Savings & Inv. Plan, No. 07-636
In an ERISA case involving the Act's limitation on assignment or alienation of benefits, and a divorced spouse's purported waiver of her entitlement to benefits, the Supreme Court rules in favor of ERISA plan administrator that had paid out benefits to former wife-designated beneficiary because: 1) although a waiver of the type at issue, i.e. a federal common law waiver embodied in a divorce decree that was not a qualified domestic relations order, is not rendered invalid by the text of the anti-alienation provision; nevertheless, 2) plan administrator properly disregarded the waiver due to its conflict with the beneficiary designation made by former husband in accordance with plan documents.

Taxpayers in New York File with Different Center

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News release IR-2009-7 announces that taxpayers in Delaware, Illinois, New York and Rhode Island who file paper income tax returns will send them to different processing centers this year.

New York paper filers will now file in Kansas City Service Center in Kansas City, Mo.

Forms for Claims Against the City of New York

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NYC Comptroller's Office Bureau of Law and Adjustment

Claims against the City of New York are filed through the Comptroller's Office Bureau of Law & Adjustment. Under Section 50-e of the General Municipal Law, all tort claims against the City of New York should be in writing on the enclosed forms or in a similar format. The Notice of Claim must be Notarized and served Personally or by Certified Mail within ninety (90) days from the date of the occurrence

All forms are in the Adobe .pdf format.




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FAQ - TinEye

TinEye is a reverse image search engine. You can submit an image to TinEye to find out where it came from, how it is being used, if modified versions of the image exist, or to find higher resolution versions. TinEye is the first image search engine on the web to use image identification technology rather than keywords, metadata or watermarks.

By Daniel Wise
January 23, 2009

Questioning from a panel of federal appeals judges yesterday swamped the state's primary argument for reinstating a series of restrictions on lawyer advertising that were enjoined in July.
Read the full article here.

Search for Peanut Butter Product Recalls

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Search for Peanut Butter Product Recalls

Search for Peanut Butter Product Recalls
Information current as of 12 PM January 21, 2009

Peanut Butter Product Recall (Salmonella Typhimurium Outbreak): Main Page

Note: This list includes food products subject to recall in the United States since January 2009 related to peanut butter and peanut paste recalled by Peanut Corporation of America. This list will be updated as new information is received. This information is current as of the date indicated. Once included, all food recalls will remain listed. If we learn that any information is not accurate, we will revise the list as soon as possible.

NYSBA Annual Meeting 2009 Webcast

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NYSBA Annual Meeting 2009
January 26 – 31st, 2009
New York Marriott Marquis, New York City

NYSBA President Bernice K. Leber invites you to view the 2009 Presidential Summit Webcast and the January 2009 House of Delegates Webcast.

The Presidential Summit Webcast commences at 3 p.m. (EST) on Wednesday, January 28, 2009 and you may access it at http://www.nysba.org/SummitWebcast.

The January 2009 House of Delegates meeting begins with the New York Bar Foundation and New York State Bar Association annual meetings at 9.am. (EST) on Friday, January 30, 2009. You may access the Webcast and a full agenda for the meeting at http://www.nysba.org/JanuaryHouseWebcast.

We invite your feedback on the Webcast experience and encourage you to use the feedback links on the respective Webcast pages.

NYLJ: Matter of Vinluan v, Doyle

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The New York Law Journal - Matter of Vinluan v, Doyle;

Matter of Vinluan v, Doyle

Legal Profession

January 22, 2009

Before: Santucci, J.P.; Angiolillo; Eng; Chambers, JJ.

Read the Full-Text Opinion

PETITIONER LAWYER represented nurses from the Philippines who left their posts in protest over job conditions. A district attorney accused the nurses of abandoning their patients. The nurses, and lawyer, were indicted on charges including endangering the welfare of a child and of a physically disabled person. The appeals court halted prosecution of petitioner and his clients. It noted that the state's Education Department cleared the nurses of professional misconduct. The lawyer could not be prosecuted for his "objectively reasonable" advice to his clients. The panel said that "we cannot conclude that an attorney who advises a client to take an action that he or she, in good faith, believes to be legal, loses the protection of the First Amendment if his or her advice is later determined to be incorrect." It also said "it would eviscerate the right to give and receive legal counsel [as] to potential criminal liability if an attorney could be charged with conspiracy and solicitation whenever a District Attorney disagreed with that advice."

FINDLAW: Daily Opinion Summaries for U.S. Supreme Court - 01/21/09

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Pearson v. Callahan, No. 07-751
In a 42 U.S.C. section 1983 action against state law enforcement officers who conducted a warrantless search of plaintiff's house incident to his arrest for the sale of methamphetamine to an undercover informant (whom plaintiff had voluntarily admitted to the premises), a court of appeals ruling reversing a ruling that defendants were entitled to qualified immunity is reversed where: 1) the procedure the Supreme Court mandated in Saucier v. Katz, 533 U.S. 194 (2001), should not be regarded as an inflexible requirement; and 2) petitioners were entitled to qualified immunity on the ground that it was not clearly established at the time of the search that their conduct was unconstitutional.


Fitzgerald v. Barnstable Sch.Comm'n, No. 07–1125
Title IX does not preclude an action under 42 U.S.C. section 1983 alleging unconstitutional gender discrimination in schools.


Locke v. Karass, No. 07-610
In a case involving circumstances where a local union charges nonmembers a service fee that (among other things) reflects an affiliation fee that the local union pays to its national union organization, a portion of which the national union uses to pay for litigation expenses incurred in large part on behalf of other local units, the Supreme Court rules that the Constitution permits including such an element in the local's charge to nonmembers as long as: 1) the subject matter of the extra-local litigation is of a kind that would be chargeable if the litigation were local; and 2) the litigation charge is reciprocal in nature.


Waddington v. Sarausad, No. 07-772
In a case arising from a fatal drive-by shooting of a group of students standing in front of a Seattle high school, grant of a petition for habeas relief from defendant's conviction for being an accomplice to second-degree murder, attempted murder, and assault is reversed where: 1) Washington courts reasonably concluded that the trial court's instruction to the jury regarding accomplice liability was not ambiguous; and 2) even were it ambiguous, the circuit court still erred in finding the instruction so ambiguous as to cause a federal constitutional violation.


Spears v. US, No. 08–5721
In proceedings arising from the government's appeal of a sentence for conspiracy to distribute cocaine base and powder cocaine, a circuit court's ruling reversing a mandatory minimum sentence is reversed where district courts are entitled to reject and vary categorically from the crack-cocaine Sentencing Guidelines based on a policy disagreement with those Guidelines.


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Message from the Chief Administrative Judge

As part of our continuing efforts to improve the jury system, we have prepared this guide to implementing New York law and rules for jury selection in civil trials.

The purpose of this booklet is to provide an overview of the many legal and administrative requirements governing procedures for civil voir dire, including judicial supervision, selection methodologies, questioning of jurors and juror challenges. In addition, this booklet sets forth recommended approaches or “best practices” for ensuring that jury selection is conducted in a fair and efficient manner that balances the needs of courts, jurors and counsel. It is aimed both at achieving consistency in the implementation of applicable rules and honoring regional differences in practice.

For the last fifteen years, New York’s judges and lawyers have led the nation in implementing reforms to enhance the effectiveness and fairness of our jury system.

This booklet seeks to build on this outstanding partnership. I encourage you to visit us at www.nycourts.gov/ to obtain additional copies of this guide and to learn more about New York’s jury improvement efforts.

Hon. Ann Pfau,
Chief Administrative Judge


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LawHelp/NY: Legal aid in New York State

Find free legal aid in New York, learn about your legal rights, get information about the courts, and more.

JD Supra: Legal Articles - A Brief Primer on Digital Legal Forms

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JD Supra: Legal Articles - A Brief Primer on Digital Legal Forms - January 15, 2009

Although this article refers to CA. forms, most of what it says works for all fillable and downloadable forms in pdf. Worth a look, especially if you are confused about this topic.


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TweetEffect- When did you lose or gain twitter followers?

Twitter is a great way to keep in contact, distribute news and generally tell people what you are up to. The success of Twitter users is generally measured in the amount of people that follow your updates.

You get information on your Twitter profile as to how many people follow you and you get notified when someone follows you. However, there is no notification when someone stops following you and you generally don't have any insight into when people follow or leave you.

This is where the TweetEffect comes in - simply enter your twitter name and they analyze your 200 latest updates and flag those up that made people follow or leave you.
Hat tip to @Guy Kawasaki

JURIST - Paper Chase: Supreme Court takes IDEA case

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JURIST - Paper Chase: Supreme Court takes IDEA case

In Forest Grove School District, Petitioner v. T. A. [docket; cert. petition, PDF], the Court will consider whether the Individuals with Disabilities Education Act (IDEA) [text] permits a tuition reimbursement award against a school district and in favor of parents who unilaterally place their child in private school, where the child had not previously received special education and related services under the authority of a public agency. The US Court of Appeals for the Ninth Circuit ruled [opinion, PDF] that such reimbursement is not barred.

New FMLA Regs Go Into Effect 1-16-09

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JD Supra: Legal Articles - Reminder: Today, January 16, 2009, is the Day New FMLA Regulations Go Into Effect

The U.S. Department of Labor ("DOL") has issued new regulations interpreting the Family and Medical Leave Act ("FMLA"). The new regulations are extensive; the regulations and the accompanying comments by the DOL occupy more than 200 pages of the Federal Register. In addition, the long awaited regulations on the new forms of leave for military families have been finalized and adopted. A copy of the new regulations, which go into effect Friday, January 16, 2009, and the DOL's comments on the regulations, along with the revised poster, new forms and "FAQ" informational material related to both military and nonmilitary related leaves, may be found at the DOL website: www.dol.gov/esa/whd/fmla/finalrule.htm
Thanks to Lane Powell PC - Labor & Employment Law on JD Supra (beta).

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 1/15/09

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Trinity Assocs., Inc. v. Telesector Res. Group, Inc., No. ssm47ent09
Order is affirmed where evidence supports the jury's conclusions that correspondence modified the parties' agreement and that defendant breached the agreement as modified.

Lexis Web

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Due Process: The Georgetown Law Library Blog: Lexis Offers (in Beta) Legal-Specific Search Engine for the Web

LexisNexis has introduced Lexis Web, a free way (at least as long as the search engine is in beta format) to search the web for legal authority and content. Lexis Web is a legal-specific search engine that provides access to free web content. According to the company, all results come from legal sites vetted by LexisNexis attorney editors. Some example types of sites included in the search results include legal blogs, news, advocacy organizations, think tanks, court websites and government websites.

The search engine also allows users to filter and navigate their results using a left navigation frame and limit results by such factors as geography, company or individual name, or citations to specific cases. Results can also be augmented by subscribed content available on Lexis (for users who have subscriptions to Lexis).

A free Reference Guide to using Lexis Web is available as a pdf file.


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What is Evernote? | Evernote Corporation

Evernote allows you to easily capture information in any environment using whatever device or platform you find most convenient, and makes this information accessible and searchable at any time, from anywhere.

You capture the things you want to remember using what you already use—your Windows or Mac computer, the web, and your mobile phone.

They run everything through their recognition technology, and then synchronize it across your devices. You can then organize and tag the notes, if you wish.

When you want to find something, just search or filter and there it is just like you remember it.

There are multiple ways to get stuff into Evernote:
Create new notes using desktop, web, and mobile versions of Evernote

Take a snapshot using your camera phone or webcam. They even recognize the text in the image.

Clip entire webpages, screenshots, and just about anything else you can copy

Drag and drop content into the desktop clients for Mac and Windows

Email notes directly into your account using your personalized email address

Scan receipts, recipes, tags, brochures, and anything else into Evernote

Record audio wherever you are and listen to it whenever you want.

There is a free version (40mb) and a premium version (500mb).

Hat tip to @NoReinsGirl who is using this tool for her 1st week of law school classes.

FINDLAW: Daily Opinion Summaries for U.S. Supreme Court - 1/14/09

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Herring v. US, No. 07-513
In circumstances where police mistakes leading to an unlawful search under the Fourth Amendment are the result of isolated negligence attenuated from the arrest, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply.


Oregon v. Ice, No. 07-901
In the context of cases involving defendants who have been tried and convicted of multiple offenses, the Court rules that a state's practice of constraining judges' discretion by requiring them to find certain facts before imposing consecutive sentences, rather than concurrent sentences, does not violate the Sixth Amendment as construed in Apprendi v. New Jersey, 530 U. S. 466, 490, and Blakely v. Washington, 542 U. S. 296.

NY Times (John Eligon): Paterson Picks Chief Judge Nominee

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(Full text of article in NYTIMES)

Gov. David A. Paterson nominated Justice Jonathan Lippman on Tuesday to be the next chief judge of the New York Court of Appeals, the state's highest court. Justice Lippman, 63, the presiding justice of the First Judicial Department of the Appellate Division of State Supreme Court, one of the state's midlevel appeals courts, is expected to be introduced at a news conference in Albany on Wednesday. Despite the nomination, Mr. Paterson renewed his criticism of the selection process. The Commission on Judicial Nomination gave Mr. Paterson a list of seven male candidates last month, and the governor was required to select one of them to replace Judith S. Kaye, who was the first woman on the Court of Appeals and the first female chief judge…He was widely considered to be the choice favored by Ms. Kaye, who was forced to step down at the end of last year after reaching the mandatory retirement age of 70. Ms. Kaye served 25 years on the court and 15 years as chief judge, the longest tenure of any chief judge in state history.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 01/13/09

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People v. Silvestry, No. ssm52mem09

An appellate division order is affirmed where the record supports the lower court's determination that police lacked reasonable suspicion, thus the matter is beyond the court's review.

Lippman to be Chief Judge

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The New York Law Journal - <font color=red>Free Breaking News:</font> Paterson Set to Nominate Lippman as Chief Judge

Paterson Set to Nominate Lippman as Chief Judge

By Joel Stashenko
January 14, 2009

ALBANY - Governor David A. Paterson will introduce Justice Jonathan Lippman tomorrow as his nominee to become New York's next chief judge, said several sources who have been notified of the governor's decision.

Nicole Black: People v. Wrotten

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Technology (already) invades the courtroom « Practicing Law in the 21st Century

At the end of December, the First Department handed down its decision in People v. Wrotten, 2008 NY Slip Op 10226. At issue in Wrotten was whether the trial court erred in allowing the complainant to testify at trial via two-way, televised video.

The court held that the trial court improperly admitted the testimony since New York statutory law did not specifically provide for it, but also noted:

At the very least, even assuming that [the] defendant’s Sixth Amendment right of confrontation was not violated, she was denied a valuable component of that right. In our judgment, in the absence of express legislative authorization, depriving [the] defendant of a face-to-face meeting with her principal accuser — indeed, the person whose testimony was necessary for the prosecution to make out a prima facie case — tainted the fairness of the trial.

Niki also talks about the use of Twitter for reporting from the courtroom.

FINDLAW: Daily Opinion Summaries for U.S. Supreme Court - 1/13/09

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Jimenez v. Quarterman, No. 07-6984
Where a state court grants a criminal defendant the right to file an out-of-time direct appeal during state collateral review, but before the defendant has first sought federal habeas relief, his judgment is not yet "final" for purposes of 28 U. S. C. section 2244(d)(1)(A) (outlining the start date of the one-year limitations period for seeking review under the AEDPA). In such a case, "the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review" must reflect the conclusion of the out-of-time direct appeal, or the expiration of the time for seeking review of that appeal.


Chambers v. US, No. 06-11206
Illinois' crime of "failure to report" for penal confinement is not a "violent felony" for purposes of the Armed Career Criminal Act's (ACCA) 15-year mandatory prison term.


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Foodler.com: Order delivery or takeout from thousands of restaurant menus.

Foodler is a website for ordering delivery and takeout from restaurants around you. Foodler is more reliable than using a phone, since all orders are transmitted and confirmed electronically. Foodler is faster than using a phone, since they remember your address and payment preferences. Foodler tells you what's popular and what's highly-rated so that you can find the best food near you. Foodler has negotiated exclusive discounts with their partner restaurants, and passes the savings on to you.

There are never any additional charges for the use of their services. In fact, Foodler should save you money. You'll also earn FrequentFoodler Points with every order, redeemable for free food and other merchandise.

Campus and urban-oriented. Hat tip to @croaky


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Real-time updates about your favorite topics, news and tweets

 Real-time updates about your favorite topics, news and tweets.

This Twitter organizer is brand new and looks good. It allows you to manage multiple accounts; i.e., both business and personal.

Foxit Reader

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Foxit Software

Foxit Reader is a free PDF document viewer, with small size, fast launch speed and an interesting feature set. Foxit Reader supports Windows 2000/XP/2003/Vista. Its core function is compatible with PDF Standard 1.7.

The download size of Foxit Reader is just a fraction of Acrobat Reader 20 M size.
When you run Foxit Reader, it launches instantly without any delay.
Foxit Reader Pro allows you to draw graphics, highlight text, type text and make notes on a PDF document and then print out or save the annotated document.

Text converter: You may convert the whole PDF document into a simple text file.

Try the Free version. The ProPack version is $40.00 per user; but has a current free trial. Some add-ons are more expensive.


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Tweetree - Birds in a tree.

Tweetree puts your Twitter stream in a tree so you can see the posts people are replying to in context. It also pulls in lots of external content like twitpic photos, youtube videos and more, so that you can see them right in your stream without having to click through every link your friends post.


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Mobile VoIP from Truphone - Your Mobile VoIP Provider

Truphone is a free piece of software that you download to your mobile phone. It saves you money on mobile calls by routing them over the internet.

Truphone is a mobile VoIP application which offers savings on international calls to mobiles and landlines, and Truphone never charges you for calls over the Truphone network, no matter where you are.

Truphone works alongside your existing phone deal, so you keep your number, SIM card and current setup.

It's a bit like having a separate pay-as-you-go phone on your current mobile - you just top up your credit online and use Truphone when you want to make low-cost internet calls.

In Wi-Fi...
Nokiaョ, iPhone and iPod Touch users can make Truphone calls from any Wi-Fi zone, anywhere in the world. Wi-Fi calls to other connected Truphone users are completely free of charge. From wherever, to wherever.

Environmental Review, Endangered Species and Timing of Preliminary Plat Review Addressed by New York Appellate Court « LAW OF THE LAND

A December 31, 2008 decision from the New York Appellate Division, Third Department will affect how planning boards discharge their State Environmental Quality Review (SEQR) obligation to “take a hard look at potential impacts on endangered species.


This would seem to require that the Planning Board should have had an independent analysis regarding the presence or absence of protected species on-site. However, besides adding additional cost to the review process, there are practical difficulties. If there are no known instances of protected species, further analysis would be akin to proving a negative. Sites may have to be studied for a wide range of protected species even if the NYSDEC has no known record near the site. In addition, many species are transient or seasonal, thus greatly complicating the time and effort involved. How this plays out remains to be seen, but, at least in the Third Department, relying on NYSDEC’s input will no longer suffice.


Kittredge v. Planning Board of the Town of Liberty, 2008 WL 5412272 (N.Y.A.D. 3 Dept. 2008).

The decision can be read here:


Hat Tip to Prof. Salkin for her excellent blog. Those who are interested in New York land use issues should consider a free subscription to Law of the Land.

Bookdog (Mac)

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Bookdog | Sheep Systems

Bookdog allows users to sort (selectively alphabetize), import/export, migrate, verify, find redirects, search, and find duplicates among their bookmarks collections in Safari, Firefox 1.5-3.0, Camino, Google Bookmarks, del.icio.us, OmniWeb, Opera, Shiira 2.x and Netscape Navigator. Migrations can be scheduled using Apple's Automator, and bookmarks on other networked Macs or backup disks are easily accessible.

This $20.00 shareware does a better job of organizing Mac bookmarks than other more expensive software. Set it up once for your browsers and Bookdog automatically sorts and alphabetizes your new bookmarks. It also "barks" to let you know its finished entering a new bookmark.

Safeguarding the Rights of Servicemembers and Veterans Homepage

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Safeguarding the Rights of Servicemembers and Veterans Homepage

The Department of Justice, in partnership with other federal agencies, is committed to supporting you by enforcing the federal laws that protect your civil rights. The Civil Rights Division protects your civilian employment rights by enforcing the Uniformed Services Emplovment and Reemployment Rights Act ("USERRA"), your voting rights by enforcing the Uniformed and Overseas Citizen Absentee Voting Act of 1986 ("UOCAVA"), and your financial security through the Servicemembers Civil Relief Act ("SCRA").

The employees of the Department of Justice are proud to serve our nation's men and women in uniform. This site provides information on how the Department of Justice and other federal agencies can help you, and what you can do to protect your rights under the law.

Hat Tip to Tom Mighell.

About this Archive

This page is an archive of entries from January 2009 listed from newest to oldest.

December 2008 is the previous archive.

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