"The 5th Amendment is an old friend and a good friend … one of the great landmarks in men's struggle to be free of tyranny, to be decent and civilized." -- Justice William O. Douglas

"Common sense often makes good law." -- Justice William O. Douglas

MATTERS OF INTEREST

U.S. Supreme Court US v. AM. LIBRARY ASS'N, INC., No. 02-361 (U.S.S.C. June 23, 2003) Public libraries' use of internet filtering software does not violate their patrons' First Amendment rights, thus the Children's Internet Protection Act (CIPA) does not induce libraries to violate the Constitution. CIPA does not impose an unconstitutional condition on libraries receiving federal funding. http://laws.lp.findlaw.com/us/000/02361.html

GRUTTER v. BOLLINGER, No. 02-241 (U.S.S.C. June 23, 2003) A state law school's narrowly tailored use of race in admissions decisions, to further a compelling state interest in obtaining the educational benefits that flow from a diverse student body, is not prohibited by the Equal Protectio Clause, Title VI, or 42 U.S.C. section 1981. http://laws.lp.findlaw.com/us/000/02241.html

LAWRENCE v. TEXAS, No. 02-102 (U.S.S.C. June 26, 2003) Texas law criminalizing two people of the same sex from engaging in private, consensual sex is unconstitutional, and the Supreme Court's decision in Bowers v. Hardwick is overturned. http://laws.lp.findlaw.com/us/000/02-102.html

WIGGINS v. SMITH, No. 02-311 (U.S.S.C. June 26, 2003) An objective review of the performance by a criminal defendant's counsel in a capital case shows that the client's Sixth Amendment rights were violated by counsel's failure to conduct a reasonable investigation of the defendant's social history and mitigating factors. http://laws.lp.findlaw.com/us/000/02-311.html

SECOND CIRCUIT BOYD v. CITY OF NEW YORK, No. 02-7574 (2d Cir. July 15, 2003) Although police had probable cause to arrest defendant, there was no probable cause to prosecute him, thus his 42 U.S.C. section 1983 claim for malicious prosecution survives summary judgment. (Amended opinion) http://caselaw.lp.findlaw.com/data2/circs/2nd/027574pv2.pdf

THIRD CIRCUIT MILLER v. RITE AID CORP., No. 02-2464 (3d Cir. June 30, 2003) Where an employee voluntarily left employment before the vesting of his benefits, he is not a "participant" in the plan, and therefore has no standing to assert a claim under ERISA. http://caselaw.lp.findlaw.com/data2/circs/3rd/022464p.pdf

HORVATH v. KEYSTONE HEALTH PLAN E., INC., No. 02-1731 (3d Cir. June 23, 2003) Neither precedent nor the canons of statutory construction mandate that ERISA imposes a duty upon HMOs to automatically further disclose, to plan beneficiaries, information on plans in place that utilize financial incentives to encourage physicians to ration care in a cost-effective manner, under the circumstances. http://caselaw.lp.findlaw.com/data2/circs/3rd/021731p.pdf

SIXTH CIRCUIT COURT UPHOLDS CELL PHONE NUMBER PORTABILITY Court ruled that the Federal Communications Commission (FCC) had not exceeded its authority by requiring wireless carriers to provide "number portability" by November 24th. The decision will allow consumers to retain their phone numbers when they switch cellular providers. http://pacer.cadc.uscourts.gov/docs/common/opinions/200306/02-1264a.pdf

NINTH CIRCUIT ALCALA v. WOODFORD The Court overturned the conviction of a man who has spent nearly two decades on death row, saying his lawyer mangled an alibi defense and calling into question the evidence used to convict him. For a copy of opinion, contact RESEARCH ASSOCIATES jmf@researchassociates.net

ELEVENTH CIRCUIT STEPHEN R. GLASSROTH v. ROY S. MOORE (JULY 1, 2003) Opinion upholding a lower court order directing the Chief Justice of Alabama's Supreme Court to remove a statue of the Ten Commandments that he had installed. http://news.findlaw.com/hdocs/docs/religion/glsrthmre70103opn.pdf

NEW YORK COURT OF APPEALS ALLEN v. COMM'R OF LABOR, 3 No. 83 (N.Y. July 02,2003) An employee who regularly works from her out-of-state residence by electronic link-up to her employer's workplace in New York is not entitled to receive unemployment insurance benefits under the New York Unemployment Insurance Law. http://caselaw.lp.findlaw.com/data/ny/cases/app/83opn03.pdf

PEOPLE v. GRICE, 2 No. 88 (June 26, 2003) The state constitutional right to counsel was not violated when police continued to question and obtain inculpatory statements from the defendant after his father informed a detective that an attorney was en route to the police station. http://caselaw.findlaw.com/data/ny/cases/app/88opn03.pdf

PUBLICATIONS OF INTEREST

UNITED STATES v. AHMED ABDEL SATTAR, YASSIR AL-SIRRI, LYNNE STEWART and MOHAMMED YOUSRY (July 22, 2003) Two terror charges against a New York Criminal Defense Lawyer are dismissed. http://news.findlaw.com/hdocs/docs/terrorism/ussattar72203opn.pdf

Report of Congressional joint inquiry into the terrorist attacks of 9/11 by the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence. http://news.findlaw.com/usatoday/docs/911rpt/index.html

BRIEF RELIEF MATTERS

1. Motion for Protective Order and memo.
2. Obtain decision on N.Y. motion; forward same to counsel of record.
3. Research Medicare as secondary payer and rules.
4. New York - research regarding consent judgment in lieu of trial allowance of costs, pre-judgment interest, form.
5. Sale of securities and statute of frauds.
6. Rooker-Feldman doctrine.