"Half the world is composed of people who have something to say and can't, and the other half who have nothing to say and keep saying it." --- Robert Frost

"I have never killed a man, but I have read many obituaries with great pleasure." --- Clarence Darrow

MATTERS OF INTEREST

U.S. SUPREME COURT BARNHARDT v. THOMAS, No. 02-763 (U.S.S.C November 12, 2003) The Third Circuit is reversed where it unreasonably construed 42 U.S.C. section 423(d)(2)(A) to mean that the ability to perform prior work disqualifies from benefits only if it is substantial gainful work which exists in the national economy. http://laws.findlaw.com/us/000/02-763.html

NEW YORK COURT OF APPEALS CIPRIANO v. GLEN COVE LODGE, 2 No. 113 (N.Y. October 28, 2003) In a real property case involving the rights and remedies of three parties, the lower courts' decision is modified where neither specific performance nor money damages are the proper remedy for defendant's breach of a right of first refusal. http://caselaw.lp.findlaw.com/data/ny/cases/app/113opn03.pdf

NEW YORK APPELLATE DIVISION CROWN COMMUNICATIONS V. N.Y. S. The presence of equipment from commercial telecommunication providers on a state-owned cell tower does not subject the tower to local zoning regulations. Cities can't regulate state-owned cell towers. For copy of opinion contact RESEARCH ASSOCIATES jmf@researchassociates.net SECOND CIRCUIT GABY v. BD. OF TR. OF COMMUN. TECH COLLEGES, No. 03-7023 (2d Cir. 10/29/03) Civil Rights Professor sued for denial of emeritus status under sec. 1983. Court found no basis for 1983 claim. http://caselaw.lp.findlaw.com/data2/circs/2nd/037023p.pdf

THIRD CIRCUIT US v. SMACK, No. 02-2620 (3d Cir. 10/24/03) Sentence is remanded where defendant showed that counsel's representation fell below an objective level of reasonableness and where the court must hear evidence on whether there is a probability that effective assistance of counsel would have entitled defendant to a shorter sentence. http://caselaw.lp.findlaw.com/data2/circs/3rd/022620p.pdf

FEDERAL COURT NEWMAN v. MOTOROLA, INC., ET AL. (October 22, 2003) Appeals Court upholds the dismissal of a suit by a cell phone user against the phone maker and other defendants which alleged that cell phone use caused plaintiff's brain tumor. http://news.findlaw.com/hdocs/docs/cellphone/nwmnmot102203uopn.pdf

MASSACHUSETTS COURT The court struck down a ban on gay and lesbian marriage and gave lawmakers six months to fix state laws. In a 4-3 ruling, the Supreme Judicial Court said Massachusetts could not deny civil marriage rights to two people of the same sex who wish to marry. http://news.findlaw.com/news/s/20031118/rightsgaysdc.html http://news.findlaw.com/hdocs/docs/conlaw/goodridge111803opn.pdf

CONNECTICUT DISTRICT COURT DEPT OF SOCIAL SERVICES V. THOMPSON Court ruled for Medicare plaintiffs and their lawyers, and, in recognition of the lawyers' expertise and specialization, awarded legal fees under the Equal Access to Justice Act that more than double the basic hourly rate. For copy of opinion contact RESEARCH ASSOCIATES jmf@researchassociates.net

PUBLICATIONS OF INTEREST

ELAINE CASSEL, "Why Citizens Should Be Concerned When Their Government Mistreats Immigrants: A Review of David Cole's, Enemy Aliens" Cole's thesis is that the way the government treat immigrants, is often the way it will soon treat citizens, too. To prove his point, he draws on examples ranging from '80s prosecutions of alleged communists to contemporary examples from Guantanamo Bay. http://writ.news.findlaw.com/books/reviews/20031031_cassel.html

SHERRY COLB, "Too Religious for The Jury? A Federal Court Upholds Peremptory Challenges Based on Religious Involvement" Colb considers whether it is true that a peremptory challenge cannot constitutionally be exercised on the basis that a given juror is very religious. http://writ.news.findlaw.com/colb/20031105.html

JOANNE MARINER, "Prisons as Mental Institutions: The Mass Incarceration of the Mentally Ill" Author explains why, over the past several decades, many mentally ill persons who might earlier have been institutionalized have instead been incarcerated. She argues that the need for reform, such as the pending Mentally Ill Offender Treatment and Crime Reduction Act, is urgent. http://writ.news.findlaw.com/mariner/20031027.html

ANTHONY SEBOK, "A New Jersey Case on Drunk Driving and Tort Law: Can Stadiums and Even Football Teams Be Liable for Accidents?" Sebok explains why and why not they might be held liable? http://writ.news.findlaw.com/sebok/20031020.html

SCHIAVO V. BUSH The husband of a severely brain-damaged woman challenges "Terri's Law" in Florida and claims that a hastily passed state law empowering Florida governor to keep her alive violated the state constitution. Petitioner's Brief: http://news.findlaw.com/hdocs/docs/schiavo/schbush102903pbrf.pdf Florida Legislature's Bill signed into law: http://news.findlaw.com/hdocs/docs/schiavo/flsb35e102103.pdf

DIVERSITY IN LAW FIRMS An Equal Employment Opportunity Commission report finds women now comprise 40% of U.S. attorneys in the private sector. The report claims bigger, better-known firms are more likely to hire women and minorities. For copy of report contact RESEARCH ASSOCIATES jmf@researchassociates.net

BRIEF RELIEF MATTERS

1. N.Y. Medicaid and transfer of real property.
2. N.Y. Penal Law section 10 and 265.1 & 2 as to possession.
3. Mechanics lien law and formalities - Order to Show Cause for removal.
4. Workers compensation benefits for illegal aliens and immigrants.