February 2009 Archives

New Ruling Raises Issues of Whether, How
Second Amendment May Be Applied to States


U.S. Law Week analyzes the Second Circuit's recent ruling in Maloney v. Cuomo, 554 F.3d 56, (2d Cir. January 28, 2009), a case that divides observers about whether:


·         the Second Circuit properly applied Supreme Court precedent;

·         the Supreme Court is likely to grant review;

·         the Supreme Court will incorporate the Second Amendment via the due process clause or the privileges and immunities clause; and

·         nunchakus are "arms" protected by the Second Amendment.

http://0-news.bna.com.cardcatalog.piercelaw.edu/lwln/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.


Online Law Reviews and Journals

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ALSO (American Law Sources Online) is a nice free site for access to and information about law reviews and journals published in the US.

http://www.lawsource.com/also/usa.cgi?usj

In their own words:
These links point to web pages maintained by U.S.-published law reviews and similar periodical publications, including publications (sometimes called "e-journals") that are published only on the internet.

The list below is organized alphabetically by title. Publications that provide on-line access to articles are listed in boldface. Publications not listed in boldface have only promotional web sites (subscription information, abstracts or index of recent articles, and so forth).

To get a list of law reviews published in or for a particular state, and having web sites or pages, see the ALSO! page for that state (use the drop-down list provided)

The site also links to other sites which provide access to and information about law reviews and journals.


Client Letters on Tax Issues

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CCH's Internet Tax Research Network offers a stunning array of client letters in its Client Letter Toolkit.  Letters are available to further client development or to answer common questions.  Here's a sampling of letters available to send to individual clients on the 2009 Recovery Act:

  • Re: 2009 Recovery Act: American Opportunity Education Credit
  • Re: 2009 Recovery Act: Extension of Bonus Depreciation and Code Sec. 179 Expense Deduction
  • Re: 2009 Recovery Act: General Information
  • Re: 2009 Recovery Act: General Update on Stimulus Tax Bill
  • Re: 2009 Recovery Act: Increase in Earned Income Credit
  • Re: 2009 Recovery Act: Increased Eligibility for the Refundable Portion of the Child Tax Credit
  • Re: 2009 Recovery Act: Increased Tax Credit for Alternative Fueling Property
  • Re: 2009 Recovery Act: Individuals
  • Re: 2009 Recovery Act: Making Work Pay Tax Credit
  • Re: 2009 Recovery Act: Modified Alternative Minimum Tax
  • Re: 2009 Recovery Act: Residential Energy Credits Modified
  • Re: 2009 Recovery Act: WOTC for Veterans and Disconnected Youth

http://0-tax.cchgroup.com.cardcatalog.piercelaw.edu/primesrc/bin/highwire.dll


Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.



Knowing where to find information quickly is a benefit to a law firm and their clients.  If you were asked which state taxes cigarettes at the highest rate, could you find that information in, say, 30 seconds or less from a reliable source?  You could if you knew that the information is compiled by CCH and is on their Internet Tax Research Network.  See if you can find it.

Email your answer to me.  (HINT: The answer is not Massachusetts.) 

Researching International Tax Online

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The CCH Internet Tax Research Network offers specialized coverage of the income and estate tax treaties which the United States has made with foreign countries for the alleviation of double taxation and the prevention of fiscal evasion. The purpose of this publication is to consolidate the existing treaties, all regulations as they are issued, decisions of courts and rulings.

After you provide your email address and the page opens, click on the "International Tax" tab.  Under "Tax Treaties and Analysis" is a link to the U.S. Tax Treaties Reporter.  From there you can access the following:

  • Tax Treaties Report Letters - a monthly report of new developments
  • Tax Treaties Compilations
  • Tax Treaties Reporter

The main contents consist of the texts --arranged alphabetically by country-- of the income and estate tax treaties that have been released, along with exchange-of-information agreements, Caribbean Basin agreements, Social Security and shipping and aircraft agreements. The texts are followed by the United States regulations relating to the treaty articles and to withholding under the income tax treaties, reports of the Department of State, the Senate Foreign Relations Committee, and the Treasury Department, as well as administrative rulings and court decisions pertinent to the treaties.

http://0-tax.cchgroup.com.cardcatalog.piercelaw.edu/primesrc/bin/highwire.dll
HeinOnline recently launched a new feature called "ScholarCheck."  Hein ran a ScholarCheck analysis on the U.S. Supreme Court Library and posted a list of the 50 Most-Cited Supreme Court Cases in HeinOnline on their blog.  Topping the list is Brown v. Board of Education (347 U.S. 483) cited 16,868 times.  Read the entire list.

http://heinonline.blogspot.com/search/label/Hein%27s%20ScholarCheck

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

International Law in Domestic Courts (ILDC) covers international law as applied in the domestic courts in approximately 70 jurisdictions. ILDC focuses on relevant cases from the year 2000 to the present for each jurisdiction.  Occasionally, ILDC reports on much earlier cases if they are very important for the development of international law jurisprudence in a particular jurisdiction.

ILDC also covers case law from certain territorial entities that are not generally classified as states because the judicial decisions of such entities can be of interest to international lawyers, as recognized by the International Court of Justice and the European Court of Human Rights, amongst others. 

Reported cases include a summary of the facts, holdings and analysis.  Facts are numbered beginning with the letter 'F'; holdings begin with the letter 'H'; and analysis begins with the letter 'A'.  In addition, cases identify:

  • core issue(s) 
  • secondary sources that discuss the decision
  • the governing law applied
A link to the citation record is included in the menu on the left-hand side of the page.  Very often the case is presented in its original language following the English language version.

http://0-www.oxfordlawreports.com.cardcatalog.piercelaw.edu/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.


Social Networking & Privacy

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BNA's Electronic Commerce & Law Report offers a list of links to web sites, blogs, and podcasts containing information about privacy concerns associated with social networking web sites. The links provided are to web sites maintained by public and private entities not associated with BNA. To locate this report:

  • From the BNA Electronic Commerce & Law Report, scroll down the page to "Electronic Resources." 
  • There, you will find a link to the article on social networking and privacy.

http://0-news.bna.com.cardcatalog.piercelaw.edu/epln/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

CCH Trademark Law Newsletter

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In TRADEMARK LAW GUIDE, Letter No. 69, February 20, 2009:

  • Fees Awarded to Prevailing Designer in Trade Dress Case
  • Tribal Court Could Not Hear Dispute over Cigarette Packaging
  • Website Links to Competing Products Could Cause Confusion
  • Promoter Barred from Staging "Moscow Cats Theatre" Shows
  • AARP Could Seek to Stop Rival "Modern Maturity" Magazine
  • Former Licensee Enjoined from Using Restaurant's Marks
  • Fraud as to Some Goods Did Not Invalidate Entire Registration
  • Labels for Unapproved Drug Not "Lawful Prior Use" of Mark
  • QUALIFICATION AS A MARK
  • PRIORITY OF USE
  • LIKELIHOOD OF CONFUSION
  • JURISDICTION
  • LICENSE AGREEMENTS
  • PENDING LEGISLATION
CCH Internet Research Network:  http://0-www.business.cch.com.cardcatalog.piercelaw.edu/primesrc/bin/highwire.dll?ult=p&tpl=brilogin.tpl&eg=h10&
Click on the tab labeled "Intellectual Property, Computer & Internet Law" then select "Trademark Law Newsletters."

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

A Prescription for Proving Use of Trademarks for Drug Names in the U.S. by Peter S. Sloane and Angela M. Martucci is available on BNA's Patent, Trademark & Copyright Journal.

Pharmaceutical companies regularly file trademark applications for drugs awaiting FDA approval. The applicant and/or registrant must claim use of the mark in U.S. commerce to obtain or retain registration.  The problem lies in drugs that are still awaiting FDA approval are, by definition, not yet marketed or sold to the consuming public. Thus, proving use of the mark may be problematic in those circumstances and the FDA approval process lengthy. 

In order to constitute use, the applicant or registrant must make a "bona fide use of the mark in the ordinary course of trade."  What is the ordinary course of trade for the pharmaceutical industry?  Read more on BNA's Patent, Trademark & Copyright Journal site.

http://0-news.bna.com.cardcatalog.piercelaw.edu/ptln/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

Kluwer Arbitration Blog

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The Institute for Transnational Arbitration's February 2009 Report is now available via Kluwer Arbitration.  This online resource also features a blog.  February postings to the blog included the following entries:

Legal Realism in International Arbitration

Competition for the New York Convention?: The U.S. Signs The Hague Choice of Court Agreements Convention

Gary Born on the Role of Arbitrators

Book Discussion on Gary Born's "International Commercial Arbitration"

Repudiation of International Arbitration Agreements and the Public Interest

A complex matter: Bank guarantees and arbitration agreements

 

Kluwer Arbitration:  http://0-www.kluwerarbitration.com.cardcatalog.piercelaw.edu/arbitration/Default.aspx (Click on the International Business tab).

Blog:  http://kluwerarbitrationblog.com/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

Daniel Webster - Author

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Those interested in the works of Daniel Webster can access 64 documents he authored via the Making of Modern Law (MOML) electronic resource.  The top ten hits are listed here.  To view more, go to MOML and "browse authors" - enter "Webster" in the search box at the top left and run the search.


  1. A discourse, delivered at Plymouth, December 22, 1820, in commemoration of the first settlement of New-England. 2nd ed. Boston, 1821. 57pp. American Law: Biography.
  2. A discourse, delivered at Plymouth, December 22, 1820, in commemoration of the first settlment of New-England. Boston, 1821. 104pp. American Law: Biography.
  3. An address delivered at the laying of the corner stone of the Bunker Hill Monument. Boston, 1825. 40pp. American Law: Biography.
  4. A discourse in commemoration of the lives and services of John Adams and Thomas Jefferson : delivered in Faneuil Hall, Boston, August 2, 1826. Boston, 1826. 61pp. American Law: Executive.
  5. An address delivered before the New York Historical Society : February 23, 1852. New York, 1852. 57pp. American Law: Politics & Government.
  6. The great orations and senatorial speech of Daniel Webster : comprising Eulogy on Adams and Jefferson : First settlement of New England : Bunker ... Rochester [N.Y.], 1853. 111pp. American Law: Collected Essays.
  7. The constitutional text book : containing selections from the writings of Daniel Webster : the Declaration of Independence : the Constitution of ... New York ; C.S. Francis, 1854. 503pp. American Law: Constitutional Law.
  8. A funeral oration : occasioned by the death of Ephraim Simonds, of Temp[l]eton, Mass. : a member of the senior class in Dartmouth College, who ... Hanover, 1855. 9pp. American Law: Biography.
  9. Daniel Webster on slavery : extracts from some of the speeches of Mr. Webster on the subject of slavery : together with his great compromise ... Boston, 1861. 62pp. American Law: Biography.
  10. The Constitution not a compact between sovereign states : a speech. London, 1862. 86pp. American Law: Constitutional Law: Special Topics.

The Making of Modern Law: Legal Treatises 1800-1926 provides digital images of 22,000 legal treatises on US and British law published from 1800 through 1926.

http://0-galenet.galegroup.com.cardcatalog.piercelaw.edu/servlet/MOML?locID=nellco_fplc

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

An FYI that our electronic access to Massachusetts Lawyers Weekly (electronic resource) is still not working.  We still have not heard from the publisher, but hope it will function sometime this week.

http://0-www.masslawyersweekly.com.cardcatalog.piercelaw.edu/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.
BNA's Electronic Commerce & Law Report links to a blog by the BNA editors that's worth a look.  Here are the headlines with links to articles on the blog since January 2009:


Blog:  http://0-bnablog.bna.com.cardcatalog.piercelaw.edu/techlaw/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.
Facebook is a fabulous app, but it is fraught with danger for the person who accepts the default privacy settings.  Don't be victimized by another who tags you in a photo that isn't very flattering or could cost you your job.  Fix your privacy settings!

http://www.allfacebook.com/2009/02/facebook-privacy/

Library closing at 4:30 Friday

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As a kick off to your lovely Spring Break.  (yeah...Spring...sure), the Library will be closing at 4:30 today.  Hope you all stay safe and warm.

Zotero - What is it?

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I'm off attending a Zotero workshop this week.  Zotero is a plugin for your Firefox browser to capture, import and archive information from the web.  You can create a bibliography from the library catalog simply by clicking on the "book" icon in the browser's URL box.  Zotero recognizes the various fields in the catalog record and pulls that information from the record.  But Zotero can do so much more.  It can also capture web pages and pdfs.  You can highlight and annotate pages, add notes and much more.  Your bibliography will include the last time you accessed the web page and the URL.  Best of all, Zotero is FREE. 

Using a Firefox browser simply go to the Zotero site and download it.  The GUI was built on the iTunes model so those familiar with the iTunes interface will intuitively know how it works.  There are hundreds of styles built in, including Bluebook - Law Review style.  Once you've installed Zotero, you'll see the word "zotero" at the bottom right-hand side of your browser window.  Click on it and the Zotero interface will riise up from the bottom of the browser window. 

Now do a search in MelCat.  Click open one of the results.  On the right-hand side of the address bar you'll see a book icon.  Click on it and that book will be added to your library.  It's that simple. 

Sometimes you will see a folder icon where the book icon is.  Click on it and choose some or all of the links listed to add to your library.

No icon?  No problem.  Click on the paper icon and add the site to your library.

More later...meanwhile, enjoy.

http://www.zotero.org/

1. Application of the Convention on the Prevention and Punishment of the Crime of Genocide Case (Bosnia and Herzegovina v Serbia and Montenegro), Schabas, William A
2. Aut dedere aut iudicare, Scharf, Michael P
3. Cavallo Case, Méndez, Juan E and Bariffi, Francisco J
4. Crimes against Humanity, Acquaviva, Guido and Pocar, Fausto
5. Disappearances, Grossman, Claudio M
6. Eichmann Case, Villalpando, Santiago M
7. Gacaca Courts, Hankel, Gerd
8. Gender-Based Crimes, Chinkin, Christine
9. Genocide, Schabas, William A
10. International Courts and Tribunals, Procedure, Sorel, Jean-Marc


http://0-www.mpepil.com.cardcatalog.piercelaw.edu/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

Isn't it all on line?

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There's a nice interview in the law.com legal technology blog with Darcy Kirk, associate dean for library and technology at UConn Law School discussing digital libraries--costs, benefits, and the for-profit nature of Google.  
Thirty-two (32) states now have special registration and licensing procedures for corporate counsel. Seven (7) states, including New Hampshire, do not have a special regulating statute, but have adopted some version of Model Rule 5.5, which sets out an in-house counsel exception to unauthorized practice laws. Ten (10) states have no special rule for corporate counsel.

Read more in ABA/BNA Lawyers' Manual on Professional Conduct.

http://0-lawyersmanual.bna.com.cardcatalog.piercelaw.edu/mopw2/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

2008 Democrary Index

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The Economist Intelligence Unit's Index of Democracy 2008 is available in its entirety on the EIU website.  The report claims that "following a decades-long global trend in democratisation, the spread of democracy has come to a halt."

Read more on the Economist Intelligence Unit (EIU):
http://0-www.eiu.com.cardcatalog.piercelaw.edu/index.asp?autologin=bulk&rf=0

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.
Electronic access to Massachusetts Lawyers Weekly is currently not available.  The Library is currently looking into this matter and will inform you when it is resolved.  Stay tuned to this blog for an update.

CAN-SPAM on the 9th Circuit Menu

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The 9th Circuit has four cases on its docket involving unsolicited electronic messages.  Generally, the suits ask the appellate court who can sue under the CAN-SPAM Act (15 U.S.C. §§ 7701-07) for unwanted electronic messages, and on what grounds.

Read more on BNA's Electronic Commerce & Law Report.

http://0-news.bna.com.cardcatalog.piercelaw.edu/epln/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.
UPDATE 2/18/09:  Facebook recinded its new Terms of Service and has reverted to its old TOS.  That's for now.

Facebook changed its Terms of Service without notice to its members.  Can they do it?  What's at stake?  For one, they have now granted themselves a perpetual license to use your content even if you leave the site. 

More...

Sex Trafficking

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Sex Trafficking, inside the business of modern slavery by Siddharth Kara is a 2009 Columbia University Press book on the sex industry worldwide. It is available in its entirety on CIAO, Columbia International Affairs Online.

http://0-www.ciaonet.org.cardcatalog.piercelaw.edu/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

The Closing of Guantanamo

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CIAO's February feature article is on the closing of Guantanamo. A link to articles and documents relating to the Guantanamo detainees is available from this electronic resource.

Columbia International Affairs Online (CIAO):
http://0-www.ciaonet.org.cardcatalog.piercelaw.edu/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

Library Hours during Break

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The Library will be closing at 4:30 on Friday, February 20th, and will remain closed for the weekend.  (N.B.  I'm aware that there is an MPRE review on Saturday, and I have notified the "Door Masters" that the doors must be open for it.)  Monday through the rest of the week, we'll have regular hours for your research and studying pleasure.  Here's a link to our calendar on line.
Afghanistan's Constitution of January 26, 2004, created new democratic institutions. Ambiguities and uncertainties exist in the Basic Law with regard to the relationship between the state religion Islam and the requirements of constitutional democracy, and the interpretation of the separation of powers. Available on Constitutions of the Countries of the World is a revised version of the English text of the Afghan Constitution, an analysis of the challenges, and a bibliography of articles and books that discuss the Afghan Consitution.

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

Testing the Limits of Bilski

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"Patentable Business Methods: Testing the Limits of Bilski--Data Transformation," by Jeffrey E. Young examines options for writing business method claims that meet the second prong of the Bilski test for patentable subject matter.  Read more in BNA's Patent, Trademark & Copyright Journal.

http://0-news.bna.com.cardcatalog.piercelaw.edu/ptln/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.
Shepard Fairey, the Los Angeles artist who used an Associated Press photograph to create his Obama 'Hope' poster, filed a lawsuit against the AP Feb. 9 in the U.S. District Court for the Southern District of New York.  The suit challenges the AP's allegations of copyright infringement and seeks a declaratory judgment that the poster is a non-infringing fair use of the photograph. Read more on BNA's Patent, Trademark & Copyright Journal.

http://0-news.bna.com.cardcatalog.piercelaw.edu/ptln/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.
WTO Members Review Revised Rules Text; U.S. Insists on Zeroing Provision.  WTO members reacted to the Doha Round text on antidumping rules.The United States wants the final agreement on antidumping text to include provisions on "zeroing."

Zeroing refers to the practice in which the export and the home market prices of an allegedly dumped good are compared.  The results of those comparisons are aggregated to calculate a dumping margin for the product as a whole. Read more in BNA's International Trade Reporter.

http://0-news.bna.com.cardcatalog.piercelaw.edu/itln/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

The Jessup Compendium on HeinOnline is designed to enhance a law student's ability to grasp the practical side of the field of international law by presenting arguments in hypothetical Jessup Competition Problems. The Compendium also serves as a kind of permanent record of the year's Jessup Competition and includes the Problem, the Judges' Bench Memorandum, the Official Rules, the United States Supplement to the Official Rules, a List of Competing Schools, Results, and Best Memorials of the [year's] Jessup Competition.

http://0-heinonline.org.cardcatalog.piercelaw.edu/HOL/Index?collection=jessup

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

Kevorkian Attorney Disciplined

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Read about Attorney Geoffrey N. Fieger, who was disciplined for violating Michigan ethics rules requiring lawyers to conduct themselves with courtesy and civility, online in the ABA/BNA Lawyers' Manual on Professional Conduct.  Fieger's fame stems from previously representing Dr. Jack Kevorkian in his physician-assisted suicide trial and being a legal analyst on television news shows.

http://0-lawyersmanual.bna.com.cardcatalog.piercelaw.edu/mopw2/

Access to this information is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

The Law Library at Franklin Pierce Law Center welcomes alumni to come and use its resources.  It's free.  Just sign in when you enter.  Stop by and say "hello" while you're here.  We'd love to see you again.

Pierce Law Library Facts for Alumni

·         MEMBERSHIP IS NOT REQUIRED:  Alumni can use the law library for *FREE* - just sign in when you enter.

·         FREE WESTLAW:  While you're here, you can use Westlaw Pro for *FREE* as well as all of our online databases and books. 

·         WEB LINK:  http://library.piercelaw.edu/LWP-New/Services/Alumni/alumni.cfm

 

Vaccine Court?

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The recent ruling by U.S. Court of Federal Claims in Washington, D.C., that boosters don't trigger autism came out of "vaccine court."  This so-called "vaccine court" came about as the result of the National Childhood Vaccine Injury Act of 1986 ("Vaccine Act").  The Vaccine Act created a compensation scheme whereby those "allegedly suffering injury or death as a result of the administration of certain compulsory childhood vaccines may petition the federal government for monetary damages."  The court was established to bypass the "often costly and lengthy civil arena of traditional tort litigation,"  and is run by the Office of Special Masters.

WSJ Law Blog:  http://blogs.wsj.com/law/2009/02/12/vaccine-court-yup-vaccine-court-rules-boosters-didnt-trigger-autism/

"Vaccine Court:  http://www.uscfc.uscourts.gov/vaccine-programoffice-special-masters

Going Crazy: Fair Use and the DMCA

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When Stephanie Lenz' toddlers danced to music by Prince on YouTube, the music company sent a "take-down" notice to YouTube.  But was Lenz' use considered "fair use" under the DMCA?

See the video: 
http://www.youtube.com/watch?v=N1KfJHFWlhQ

Read about it on the Electronic Commerce & Law Report:
http://0-news.bna.com.cardcatalog.piercelaw.edu/epln/

This Report is available to authorized library patrons, including current students, faculty and staff.  Remote access is available with a current ID card.

Lincoln in New Hampshire

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In celebration of Abraham Lincoln's 200th birthday, the Concord Monitor has served up some rather interesting articles about the 16th President and his relationship with New Hampshire.  This one "New Hampshire Helped Propel Lincoln to the Presidency" is loaded with interesting anecdotes including a visit Lincoln made to Philips Exeter Academy where his son, Bob, was a student.  The students' reaction to Lincoln's uncouth appearance changed about ten minutes into his speech.

To paraphrase Marilyn Monroe:  Happy Birthday, Mr. Lincoln!

http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20090212/OPINION/902120438

IP Litigation Clearinghouse

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The Law, Science & Technology Program at Stanford Law School recently launched an Intellectual Property Litigation Clearinghouse.  To access the online database you must register first.  (Registration is free.)  Contained in the clearinghouse is supposed to be comprehensive information about litigation for the following types of cases:

  • Patent
  • Copyright
  • Trademark
  • Trade Secret
  • Antitrust
The information is organized by
  • Cases (Select "Map" in cases to view a U.S. map color-coded to indicate the number of litigated cases by geographical region.)
  • Fora (only US District Court cases are currently available.)
  • Law (only Rights contains information; statutes and procedure are not currently available.)
http://lexmachina.stanford.edu/

U.S. Supreme Court Filings in January 2009 ( U.S. Law Week*)

Civil Procedure

California v. Cachil Dehe Band of Wintun Indians of the Colusa Indian Community (Filed 01/22/2009)

DiCenzo v. A-Best Products Co. (Filed 01/21/2009)

Criminal Law

Baylor v. United States (Filed 01/21/2009)

Eminent Domain

Ristroph v. Pipeline Technology VI LLC (Filed 01/22/2009)

Employee Benefits

Rolland v. Textron Inc. (Filed 01/26/2009)

Employment Discrimination

Baxter Healthcare Corp. v. White (Filed 01/27/2009)

Labor

Mackay v. Aircraft Mechanics Fraternal Ass'n (Filed 01/23/2009)

Local Government

Hemi Group LLC v. New York, N.Y. (Filed 01/27/2009)

Native Americans

Cook v. Avi Casino Enterprises Inc. (Filed 01/22/2009)


Links are to U.S. Law Week*:  http://0-news.bna.com.cardcatalog.piercelaw.edu/lwln/

*Available within the library or remote access to current students, faculty and staff with their ID.

As seen on TV

Lawyer Jim Sokolove's phone rings hundreds of thousands of times a year. But who actually handles all those cases?

This article is available on Massachusetts Lawyers Weekly (Feb. 9, 2009).  Current students, faculty and staff can access it from remote locations with their id. 

Direct Link:
http://0-www.masslawyersweekly.com.cardcatalog.piercelaw.edu/index.cfm/archive/view/id/446802

SUMMARY & ANALYSIS HEADLINES FROM UNITED STATES LAW WEEK*

Attorneys--Fees:
Attorneys--Malpractice:
Civil Procedure--Discovery:
Consumer Credit--Truth in Lending:
Corporations--Directors and Officers:
Corporations--Directors and Officers:
Criminal Law--Firearms:
Employment Discrimination--EEOC:
Health Care--State Regulation:
Native Americans--Tribal Courts:
Real Estate--Settlement Procedures:
United States--Alien Tort Claims:
United States--False Claims:
Hospital-Anesthesiologist Agreement Implicated Kickback Laws, But No Exception

Link to U.S. Law Week:  http://0-news.bna.com.cardcatalog.piercelaw.edu/lwln/

*Available within the library or remote access to current students, faculty and staff with their ID.

Need Papers Notarized?

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There are several employees of Pierce Law who serve as notaries or Justices of the Peace.  Kathy Fletcher and Jon Cavicchi are library employees who are notaries and are happy to witness signatures or certify documents.  The list is maintained at this link:  http://www.piercelaw.edu/notaries/index.php

Notaries:

Lynn Blanchard
Christine Boisvert
Jon R. Cavicchi
Kathy Fletcher
Ellen M. Lessard
Linda Lee Lugg
Mary Pilkington-Casey
Charles Temple

Justices of the Peace (can also marry you!):

Lynn Blanchard
Keith M. Harrison
Katie McDonald
Peter S. Wright

Administrative Law Research Guide

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An updated guide to researching Administrative Law has been added to the Research Guides available on the Library web site.  Professor Cindy Landau authored the guide and it is rich with details of how to thoroughly research this area of the law.

http://library.piercelaw.edu/LWP-New/Research/Guides/AdminLaw.htm
The library recently added access to the Max Planck Encyclopedia of Public International Law to its online resources.  Current students, faculty and staff may access this resource at http://0-www.mpepil.com.cardcatalog.piercelaw.edu/ or by clicking on a link to it on the QuickClicks page [ http://library.piercelaw.edu/quickclicks.htm ].
 
This monumental reference work includes more than 1,700 articles.  It is published in partnership with the Max Planck Institute of Comparative Public Law and International Law and has been fully revised and updated to cover the latest developments in international law.  Each article is peer reviewed by an advisory board consisting of renowned experts in various fields of international law and senior research fellows of the Max Planck Institute.
 
You can also access this resource off campus.  Have your library ID card available because you will need to input your barcode number.
 
 
As of January 10, 2009, Westlaw has a new policy regarding which browsers will work with their service [ http://west.thomson.com/software/westlaw/ ]:

Westlaw access will be blocked when using Web browsers that are no longer supported by the companies that created them. The lack of support can create problems during Westlaw development which may result in a security risk. Users attempting to access Westlaw using one of these browsers will receive an explanatory message that offers alternatives.

Westlaw access using the following browsers will be blocked:

  • Netscape (all versions)
  • Mozilla Firefox versions lower than 1.5
  • Safari versions lower than 2.0
  • Internet Explorer versions lower than 6

In Time for Black History Month

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A website which "exists to preserve and spread material that is in danger of being lost, is hard to find, or is not widely known"(The Memory Hole) has posted the 16,659 page FBI File of Dr.Martin Luther King Jr. The website notes that this is not ALL of King's FBI file, just the part that the FBI agreed to release (!)  The guide to the file states,"Taken as a whole, this publication of the FBI's file on King and on his role in the civil rights movement makes available to researchers in history, political science,sociology, and law a crucially important documentary record on one of the central leaders and one of the central issues of our time."

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