"Educate your children to self-control, to the habit of holding passion and prejudice and evil tendencies subject to an upright and reasoning will, and you have done much to abolish misery from their future and crimes from society."
-- Benjamin Franklin.

"I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crises. The great point is to bring them the real facts."
-- Abraham Lincoln.

MATTERS OF INTEREST

U.S. Supreme Court MOSELEY d/b/a VICTOR'S LITTLE SECRET v. V SECRET CATALOGUE, INC. (March 4, 2003) Ruling against the lingerie retailer, holding that prosecuting a successful action under the Federal Trademark Dilution Act requires proof of actual injury to the economic value of a famous mark, rather than a likelihood of dilution. http://laws.lp.findlaw.com/us/000/01-1015.html

SCHEIDLER v. NAT'L ORG. FOR WOMEN, INC., No. 01-1118 (U.S.S.C. Feb. 26, 2003)
Anti-abortion protesters did not "obtain" property and so did not commit extortion under the Hobbs Act, 18 U.S.C. section 1951, and could not be found liable for racketeering offenses under the Racketeer Influenced and Corrupt Organizations Act. http://laws.lp.findlaw.com/us/000/011118.html

LOCKYER v. ANDRADE, No. 01-1127 (U.S.S.C. March 05, 2003)
A California appeals court decision, affirming a sentence of two consecutive terms of 25 years to life in prison for a "third strike" conviction, was not an unreasonable application of the clearly established gross disproportionality federal standard. http://laws.lp.findlaw.com/us/000/011127.html Third Circuit DESI'S PIZZA, INC. v. CITY OF WILKES-BARRE, No. 02-1441 (3d Cir. March 06, 2003) In a suit by a restaurant that was shut down by the state court, the Rooker-Feldman doctrine does not bar the plaintiffs' equal protection claim, federal statutory discrimination claims, and substantive due process claim. http://caselaw.lp.findlaw.com/data2/circs/3rd/021441p.pdf

5th Circuit WELLS FARGO BANK OF TEXAS NA v. JAMES, No. 01-51298 (5th Cir. 02/07/03)
The "Par Value" statute, Tex. Bus. & Com. Code section 4.112, which prohibits all banks in Texas from charging a fee for cashing a check that is presented to be drawn against an account that the bank itself holds, is preempted by the National Bank Act, by 12 C.F.R. section 7.4002(a).

9th Circuit BANK OF AM. v. CITY AND COUNTY OF SAN FRANCISCO, Nos. 00-16355, 00-16394 (9th Cir. 10/25/02)
The Home Owners' Loan Act and National Bank Act preempt city ordinances that prohibit federal savings associations and national banks from charging ATM fees to non-depositors, and the Electronic Fund Transfer Act does not rescue the ordinances from preemption. MIRANDA v. CLARK COUNTY, NEVADA, 3 C.D.O.S. 1037, 2003 Daily Journal D.A.R. 1353, 2003 WL 291987 (9th Cir. 2003) A county public defender office's alleged policy under which the office's resources were allocated to clients based solely or principally on their performance on a polygraph test constituted deliberate indifference to the constitutional right of adequate representation of those who failed.

11th Circuit U.S. v. ZINN, 2003 WL 328925 (11th Cir. 2003)
A condition of supervised release requiring the defendant to submit to polygraph testing to ensure compliance with probationary terms was reasonably related to the defendant's child pornography offense and his personal history. Additionally, a limited restriction on the defendant's Internet usage while on supervised release was reasonably related to legitimate sentencing considerations and did not overly burden the defendant's First Amendment rights.

New Hampshire Supreme Court INTERNET DATA SELLER CAN BE SUED IN STALKING-MURDER CASE
Court has ruled that the family of a woman killed by a stalker has grounds under state law to sue the Internet data broker he hired to locate his victim. "This case, and this ruling, are at the cutting edge of the law ..." said the family's attorney. For copy of opinion contact RESEARCH ASSOCIATES jmf@researchassociates.net

DOCUMENTS OF INTEREST

The Winter 2003 issue of the Electronic Journal of Academic and Special Librarianship features a primer on copyright law. It provides an overview of several copyright issues, especially those relevant in today's digital world. Also, the article links to many related resources. http://southernlibrarianship.icaap.org/content/v04n01/Diotalevi_r01.htm

The Department of Labor offers an Employment Law Guide, which covers wages and hours, safety and health standards, health benefits, work authorization, federal contracts and more. Sections link to relevant federal statutes and regulations, and provide an overview of basic provisions and requirements. http://www.dol.gov/asp/programs/guide.htm

PUBLICATIONS OF INTEREST

JOANNA GROSSMAN, "Should A Surviving 'Spouse' In A Same-Sex Couple Be Permitted To Sue For Wrongful Death? A New York Court Will Have A Chance To Decide." http://writ.news.findlaw.com/grossman/20030225.html

ANTHONY SEBOK, "Can a HMO Be Sued For Medical Malpractice Based On Its Coverage Decisions? A Recent Federal Appeals Case Says Yes." http://writ.news.findlaw.com/sebok/20030227.html

JUDITH RICHARDS HOPE, Pinstripes and Pearls Judith Richards Hope's new book about a handful of women in the Harvard Law School class of 1964 describes bad old days for women and tells the story of an utterly and unfairly different legal landscape than the one young women know today.

BRIEF RELIEF MATTERS

1. Article 78 proceeding for mandamus and prohibition - New York
2. Brief on C.P.L.R 5519(a)(1) - New York
3. Research on issue of discovery -requirement that interrogatories be answered before depositions.
4. Suit to cancel old mortgage of record.
5. Memo on U.C.C. issue and "as is" sale requirements.
6. Effect of contract provision setting jurisdiction of any suits and reducing time for filing lien claim.