"It is unsettling at times, to hear some modern feminists couch their reform agenda in terms of protection and recognition of their uniquely female perspectives. When gender distinctiveness becomes a mantra, I worry that, in our voyage from the 18th century to the present, we have not really traveled very far at all."
-- Sandra Day O'Connor

MATTERS OF INTEREST

U.S. Supreme Court CHAVEZ v. MARTINEZ, No. 01-1444 (U.S.S.C. May 27, 2003) A 42 U.S.C. section 1983 plaintiff's Fifth Amendment rights were not violated through questioning by police, where he was never charged and no statements were used against him. Questioning of plaintiff while he was being treated for gunshot wounds after an altercation with police did not violate his Fourteenth Amendment rights. http://laws.lp.findlaw.com/us/000/011444.html

BLACK & DECKER DISABILITY PLAN v. NORD, No. 02-469 (U.S.S.C. May 27, 2003) ERISA does not require plan administrators making disability determinations to accord special deference to the opinions of treating physicians, over other evidence relevant to the claimant's medical condition. http://laws.lp.findlaw.com/us/000/02469.html

DASTAR CORP. v. TWENTIETH CENTURY FOX FILM CORP., No. 02-428 (U.S.S.C. June 02, 2003) The Court ruled unanimously that the law allows the copying of public domain material without giving credit to its source. The ruling removes the cloud of Lanham Act liability from libraries, Web sites, databases and companies such as studios and publishers that repackage facts or information that originated elsewhere. http://laws.lp.findlaw.com/us/000/02428.html

SELL v. US, No. 02-5664 (U.S.S.C. June 16, 2003) The government may involuntarily administer anti-psychotic drugs to render a mentally ill defendant competent to stand trial on serious criminal charges if the treatment is 1) medically appropriate, 2) substantially unlikely to have side effects that may undermine the trial's fairness, and 3) necessary significantly to further important government trial-related interests. http://laws.lp.findlaw.com/us/000/025664.html

VIRGINIA v. HICKS, No. 02-371 (U.S.S.C. June 16, 2003) The trespass policy in place at a low-income housing development owned by a political subdivision is not facially invalid under the First Amendment overbreadth doctrine, as 1) the policy does not prohibit a substantial amount of protected speech in relation to legitimate applications, and 2) rules apply to all person's entering the development, not just those seeking to engage in expression. http://laws.lp.findlaw.com/us/000/02371.html

SECOND CIRCUIT O'BERT v. VARGO, No. 02-7805, 02-7905 (2d Cir. June 03, 2003) In an action alleging unlawful entry and use of excessive force, an order denying defendant officer's Rule 59(e) motion for summary judgment based on qualified immunity is affirmed. http://caselaw.lp.findlaw.com/data2/circs/2nd/027805p.pdf

GILBERT v. SETON HALL UNIV., No. 02-7524 (2d Cir. June 13, 2003) The New York Court of Appeals would apply the charitable immunity law of New Jersey to a tort claim brought against a New Jersey university, by a Connecticut student attending the university who was injured while participating in an extracurricular sporting event in New York. http://caselaw.findlaw.com/data2/circs/2nd/027524P.pdf

THIRD CIRCUIT MORGANROTH & MORGANROTH v. NORRIS, MCLAUGHLIN & MARCUS, P.C., No. 02-2087 (3d Cir. May 30, 2003) When a complaint alleges that an attorney has knowingly and intentionally participated in a client's unlawful conduct to hinder, delay, and/or fraudulently obstruct the enforcement of a judgment of a court, the plaintiff has stated a claim under New Jersey law for creditor fraud against the attorney. http://caselaw.lp.findlaw.com/data2/circs/3rd/022087p.p

NEW YORK COURT OF APPEALS RAINER N. MITTL v. N.Y.S. DIV. OF HUMAN RIGHTS (June 5, 2003) Decision holding that a physician discriminated against his pregnant secretary by firing her after the doctor's wife wrongfully accused him of having an affair with the secretary. http://caselaw.findlaw.com/data/ny/cases/app/60opn03.pdf

PUBLICATIONS OF INTEREST

BRIAN LEHMAN, "Can You Sue Someone In Fifty Words Or Less? Why Plaintiffs' Lawyers Ignore The Supreme Court's Instructions To Keep Complaints Brief." Lehman explores two questions that go to the heart of the federal system of civil procedure. First, why has the Supreme Court seen fit to remind plaintiffs -- recently and repeatedly -- that a brief complaint is sufficient? Second, why, despite the Court's admonishment, do plaintiffs' complaints keep getting longer and longer? http://writ.news.findlaw.com/commentary/20030617_lehman.htm

Sentencing guidelines in federal criminal cases have driven Manhattan-based U.S. Judge John S. Martin Jr. from the bench. In a New York Times opinion piece, Martin wrote that the "cruel and rigid" guidelines prompted him to opt for private practice rather than a fully paid senior judgeship. ... For copy of article, contact RESEARCH ASSOCIATES jmf@researchassociates.net

THE SEPTEMBER 11 DETAINEES (6/2/03) Critical report from the U.S. Department of Justice Office of the Inspector General, finding "significant problems in the way the detainees were handled" at the Brooklyn, New York and Paterson, New Jersey detention facilities. http://news.findlaw.com/hdocs/docs/ins/usdojig060203rpt.pdf

KATHERINE LOUISE HELSEL v. SIVI NOELLSCH (June 17, 2003) The Missouri Supreme Court's opinion outlawing causes of action for the tort of alienation of affection. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mo&vol=/supreme/062003/&invol=5061703%3CTD%3E_103

Legal Research Guide: Family Law, Real Estate Law, Health Law http://www.gulpny.org

BRIEF RELIEF MATTERS

1. California - right to sue governmental unit for failure of retaining wall
2. NY real property contract and enforcement
3. ERISA - fiduciary liability
4. NY motion brief to dismiss appeal
5. NY motion to dismiss per CPLR 3211
6. Draft of complaint for breach of employment contract