"The law isn’t justice. It’s a very imperfect mechanism. If you press exactly the right buttons and are also lucky, justice may show up in the answer. A mechanism is all the law was ever intended to be." - Raymond Chandler

"Laws are like spiders’ webs which, if anything small falls into them they ensnare it, but large things break through and escape." - Solon

BRIEF RELIEF

Obtaining copies of Georgia statutes with reference to attorney admission pro hac vice.

Memo on insurance coverage for intentional acts and exclusions.

Memo on placement of student seeking to transfer from home school environment to public school and necessity for testing.

Issue of "zero tolerance" of minor DWI and intoxication levels.

Case law to support vacation, jury verdict in one car accident on issue of liability.

Immigration matter and opposition to forfeiture of cash being taken out of country, lack of reporting.

New York sent to cancel ancient mortgage still of record.

Federal District Court complaints, fraud, conversion, intentional/negligent inflection emotional distress: interrogatories.

RESPA form and amortization schedules for real estate closing.

Issue of support to be paid to husband by wife in divorce action.

PUBLICATIONS OF INTEREST

Souchuns, Amy E. Old Paint, New Laws: Achieving Effective Compliance With the Residential Lead-Based Paint Hazard Reduction Act. Catholic University Law Review: Summer 1998, Vol. 47, No. 4.

Lippman, Matthew. The Pursuit of Nazi War Criminals in the United States and in Other Anglo-American Legal Systems. California Western International Law Journal: Fall 1998, Vol. 29, No. 1, pgs. 1-100.

Conward, Cynthia. Juvenile Justice System: Not Necessarily in the Best Interests of Children. New England Law Review: Fall 1998, Vol. 33, No. 1, pgs. 39-80.

Lidsky, Lyrissa Barnett. Prying, Spying, and Lying: Intrusive Newsgathering and What the Law Should Do About It. Tulane Law Review: 1998, Vol. 73, No. 1, pgs. 173-248.

Gross, Leonard E. The Public Hates Lawyers: Why Should We Care? Seton Hall Law Review: 1999, Vol. 29, No. 4, pg. 1405.

MATTERS OF INTEREST

U.S. SUPREME COURT

A city ordinance that prohibits "criminal street gang members" from "loitering" with one another or with others in public places is unconstitutionally vague. City of Chicago v. Morales, 6/10/99.

A federal statute prohibiting broadcast advertising of private gambling casinos may not be applied to advertisements broadcast by radio and television stations in states where such gambling is legal. Greater New Orleans Broadcasting Assoc., Inc. v. United States, 6/14/99.

Because federal courts have only the equity jurisdiction that was exercised by the English Court of Chancery at the time the Constitution was adopted and the Judiciary Act of 1789 was enacted, district courts lack the authority to issue a preliminary injunction preventing petitioners from disposing of their assets pending adjudication of respondents’ contract claim for money damages. Grupo Mexicano de DeSarrollo, S.A. v. Alliance Bond Fund, Inc., 6/17/99.

Although the defendant demonstrated cause for failing to raise a Brady claim, the state did not violate Brady and its progeny by failing to disclose exculpatory evidence to him, because he cannot show prejudice sufficient to excuse his procedural default. Strickler v. Greene, 6/17/99.

In order to satisfy the automobile exception to the warrant requirement, there must only be probable cause to search an automobile. Maryland v. Dyson, No. 98-1062.

The Eighth Amendment does not require a jury instruction explaining the consequences of their failure to agree in death penalty case. Jones v. United States, No. 98-9361.

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NEW YORK

Newspapers are denied disciplinary records of police officers under Civil Rights Exception to FOIL. Daily Gazette Co. v. City of Schenectady, ...N.Y.2d...., ....N.Y.S.2d....(4/6/99).

After two years from policy’s issuance, insurer cannot deny disability coverage, even if insured concealed condition that would have barred issuance of policy. New England Mutual Life Insurance Co. v. Doe, 93 N.Y.2d 122...N.Y.S.2d...(3/30/99).

Massachusetts Supreme Court - Massachusetts court curbs police traffic rights. In a break with the U.S. Supreme Court, Massachusetts’ top court said police do not have an automatic right to order a driver or passengers out of a vehicle during a routine traffic stop. The ruling still allows police to order a motorist or passengers from a car if the safety of the officer or anyone else is in question.

Washington Supreme Court - The couples reconciliation, by itself, did not invalidate a decree of legal separation. In re the Marriage of Moody, No. 66604-1.

Texas Supreme Court - Mental-health professionals have no duty to warn third parties of a patient’s threats. Thapar v. Zezulka, 6/24/99.