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New York Law Journal June 02, 2011
Emotions were a mix of sadness, resignation and some anger yesterday as more than 300 nonjudicial employees lost their jobs so the court system could absorb $170 million in budget cuts.
Noreen Scanatico, a court reporter in Brooklyn Supreme Court who lives in Brooklyn, said she will have a job today. But as one of the employees "retreating" to lower-paid work under the civil service "bumping" process (NYLJ, April 28), Ms. Scanatico only knew yesterday that she will be in a lower criminal court in Brooklyn, Queens, Manhattan or Staten Island.
"When we go into our 9 a.m. meeting, they will tell us where we are assigned," she said. "It's like the Academy Awards: Open the envelope and see who the winner is."
Ms. Scanatico said she has tried to stay upbeat since the layoffs became reality with the adoption of the state budget two months ago.
"No amount of crying is going to fix it," she said yesterday. "Cuomo is not listening."
New York Law Journal
June 03, 2011
A New York City Department of Education rule blocking off-hours use of school facilities for religious worship services complies with the federal Constitution, a divided panel of the U.S. Court of Appeals for the Second Circuit decided yesterday.
Ruling for the fourth time in a decade on a lawsuit brought by a Christian church in the Bronx, the majority concluded that the rule does not constitute viewpoint discrimination under the First Amendment because it "does not exclude expressions of religious points of view or of religious devotion, but excludes for valid non-discriminatory reasons only a type of activity--the conduct of worship services."
Judges Pierre N. Leval and Guido Calabresi also concluded that the policy was a genuine attempt by the city to avoid violating the Establishment Clause.
The Northern District of New York Federal Court Bar Association cordially invites all attorneys to attend a CLE program in Albany on Monday, June 20, 2011. The Program will be immediately followed by a Welcome Reception for District Court Judge Mae D'Agostino, co-sponsored by the NDNY-FCBA and Capital District Women's Bar Association (CDWBA).
UPDATE ON E-DISCOVERY & ETHICS OF ONLINE ACTIVITY
Monday, June 20, 2011, 2:00 - 5:00 p.m. (Registration at 1:30 p.m.) James T. Foley - U.S. Courthouse, Albany, New York
Part 1: 2:00 - 2:50 p.m. "Zubulake Revisited": The Decision in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC
Part 2: 3:00 - 3:50 p.m. Attorney-Client & Work Product Privilege in the Digital Age
Part 3: 4:00 - 4:50 p.m. Legal Ethics of Social Networking and Online Activity
Panel Members: Robert Heverly, Esq., Professor of Law, Albany Law School Margaret J. Gillis, Esq., Whiteman Osterman & Hanna, LLP Joann Sternheimer, Esq., Deily, Mooney & Glastetter, LLP
The CLE is free of charge to current NDNY-FCBA members. Non-FCBA-Members: $75.00. See below for membership details.
RSVP for CLE by June 13, 2011
The Northern District of New York Federal Court Bar Association has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York (February 16, 2010 through February 15, 2013).
This CLE has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for 2.0 credits toward the Professional Practice requirement and 1.0 credit toward the Ethics and Professionalism requirement.*
* This course or program is appropriate for newly admitted and experienced attorneys.
RECEPTION: AN EVENING WITH JUDGE MAE D'AGOSTINO (Co-Sponsored by NDNY-FCBA and CDWBA) Monday, June 20, 2011, 5:00 - 7:00 p.m. James T. Foley - U.S. Courthouse, Albany, New York Grand Foyer, First Floor
All NDNY-FCBA members are invited and encouraged to attend and welcome our newest District Court Judge to the Northern District of New York.
Light refreshments, hors d'oeuvres and cash bar.
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We look forward to seeing you at these great events!
Sincerely,
CLE Committee NDNY Federal Court Bar Association, Inc. |
Where: U.S. Courthouse, 445 Broadway, Albany, NY 12207 When: Monday, June 20, 2011, 2:00 - 7:00 p.m.
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NDNY-FCBA Membership Information: Non-members may join online at www.ndnyfcba.org/join. Annual dues for membership in the NDNY-FCBA are waived for attorneys in their first year of practice, and $75 for all other members. Membership includes, among other things, free CLE Programs, advance invitations to lectures and events, and access to members-only information on the NDNY-FCBA web site (including Practitioner's Tips, Decision of Interest, CLE Materials, and Links & Resources). |
The Chesapeake Digital Preservation Group has completed its fourth annual investigation of link rot among the original URLs for online law and policy-related materials archived though the group's efforts.
Originally launched as a Web-preservation pilot project in 2007, the Chesapeake Group is today part of the Legal Information Archive. Group participants include two academic law libraries, the Georgetown Law and Harvard Law School Libraries, and the State Law Libraries of Maryland and Virginia.
The Chesapeake Group focuses primarily on the preservation of Web-published legal materials, which often disappear as Web site content is rearranged or deleted over time. In the four years since the program began, the Chesapeake Group has built a digital archive collection comprising more than 7,400 digital items and 3,200 titles, all of which were originally posted to the Web.
For this study, the term "link rot" is used to describe a URL that no longer provides direct access to files matching the content originally harvested from the URL and currently preserved in the Chesapeake Group's digital archive. In some instances, a 404 or "not found" message indicates link rot at a URL. In other cases, the URL may direct to a site hosted by the original publishing organization or entity, but the specific resource has been removed or relocated from the original or previous URL.
All of the Web resources described in this report that have disappeared from their original locations on the Web remain accessible via permanent archive URLs here at legalinfoarchive.org, thanks to the Chesapeake Group's efforts.
The Berkman Center's Interactive collection features conversations with and talks by leading cyber-scholars, entrepreneurs, activists, and policymakers as they explore topics such as: the factors that influence knowledge creation and dissemination in the digital age; the character of power as the worlds of governance, business, citizenship, and the media meet the Internet; and the opportunities, role, and limitations of new technologies in learning.
All Berkman events, including conferences, luncheon series talks, and most meetings, are webcast then archived here, along with unique productions like the Citizen Media Law Project podcast and episodes of Berkman.tv. A selection of the archive is also available on Berkman's YouTube channel.
Apple's iCloud has emerged from the shadows, not only providing cloud backup for your apps and songs, but also photos, videos and contacts. Here's why we're stoked about iCloud. More »
What's Brand New in OS X LionApple's new big cat is here, and it's going to change a hell of a lot about the way you use your Mac. Like we said last time, the best parts of the iPad are now on your desktop. More »
iOS 5: The Top 10 New FeaturesThe new iOS 5 is here. It brings revamped notifications and many more new goodies for your iPhone, iPad and iPod Touch. Read on to learn more about the new features that matter.More »
For instance, a professor could allow his or her students to reserve time during office hours each week. A hair salon could let anyone visiting their web site schedule an appointment during set business hours.
This is a handy tool with many possibilities!

Browsing the web for interesting material can be enjoyable, but it's also nice to have some bright friends help you along the way. The folks at Netted compile a daily listing of compelling online tools, apps, and other items that will be worthy of your email inbox. Visitors can sign up to receive Netted and they can also browse popular categories such as "Saving", "Applications", and "Travel". This version is compatible with computers running all operating systems, including Linux.
From The Scout Report, Copyright Internet Scout Project 1994-2011. http://scout.wisc.edu/
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Image via Wikipedia
Miles co-founded the company in February, and started full operations this month in Massachusetts, Connecticut and Rhode Island, having built a roster of criminal lawyers who do not mind getting late-night calls.
Read entire article. (Requires registration)
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LulzSec and other groups have been hacking an assortment of prominent organisations. For good or for bad, they have also been publishing their databases, which typically include emails and passwords. Given that most people re-use their passwords, this site allows the average person to check if their password(s) may have been compromised and need to be changed.
Image via CrunchBase
Podcast: Play in new window | Download (Duration: 21:58 -- 16.6MB)
News that a "marriage equality" measure was headed toward passage Friday night was greeted by cheers and shouts among members of the New York State Bar Association House of Delegates attending the organization's summer meeting in Cooperstown.
After a week of nail-biting negotiations and appeals to conscience, the Senate voted, 33-29, to give final approval to a bill, A-08354, that recognizes gay marriage in New York. The proposal passed with the support of every Democrat but one and four Republicans. Govenor Andrew M. Cuomo immediately signed a measure that he had made one of his top priorities.
"This is great news for all New Yorkers," Stephen Younger, the immediate past president of the state bar, said in an interview after the vote was announced.
It was only two years ago that the state bar's policymaking body, also in Cooperstown, voted to endorse state recognition of same-sex marriage.
Read entire NYLJ report with extensive quotes from bar associations and bar leaders here. (Requires free registration)
Read the marriage equality bill and supporting memorandum.
Read the entire NYLJ article by Joel Stashenko here. (Requires free registration)
At a single address in this sleepy city of 60,000 people, more than 2,000 companies are registered. The building, 2710 Thomes Avenue, isn't a shimmering skyscraper filled with A-list corporations. It's a 1,700-square-foot brick house with a manicured lawn, a few blocks from the State Capitol.
Neighbors say they see little activity there besides regular mail deliveries and a woman who steps outside for smoke breaks. Inside, however, the walls of the main room are covered floor to ceiling with numbered mailboxes labeled as corporate "suites." A bulky copy machine sits in the kitchen. In the living room, a woman in a headset answers calls and sorts bushels of mail.
A Reuters investigation has found the house at 2710 Thomes Avenue serves as a little Cayman Island on the Great Plains. It is the headquarters for Wyoming Corporate Services, a business-incorporation specialist that establishes firms which can be used as "shell" companies, paper entities able to hide assets.
Wyoming Corporate Services will help clients create a company, and more: set up a bank account for it; add a lawyer as a corporate director to invoke attorney-client privilege; even appoint stand-in directors and officers as high as CEO. Among its offerings is a variety of shell known as a "shelf" company, which comes with years of regulatory filings behind it, lending a greater feeling of solidity.
Read entire, much longer, article here.
ALBANY - Nearly 1,000 elected state judges will no longer receive assignments to cases where lawyers, their firms or their clients have contributed $2,500 or more to the judge's campaigns in the previous two years, or have collectively contributed $3,500 or more, under a new rule adopted by the court system.
Section 151.1 of the Rules of the Chief Administrative Judge, whose approval was announced yesterday, will take effect on July 15 and apply to any political contributions received after that date.
"This rule promotes public confidence in the independence, fairness and impartiality of the Judiciary," said Chief Judge Jonathan Lippman.
He said the new rule establishes "simple" guidelines to alleviate public suspicion of big-money influence on the administration of justice. It replaces a subjective approach that has depended on individual judges to determine when they should recuse themselves from cases.
"It is not a recusal rule," he said. "It is an assignment rule."
Read entire article in NYLJ (Requires free registration)
This page contains all entries posted to General Practice Section in June 2011. They are listed from oldest to newest.
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