Excerpts From Memorable Wills

Seeing that I had the misfortune to be married to the aforesaid Elizabeth, who, ever since our union, has tormented me in every possible way...that the strength of Samson, the genius of Homer, the prudence of Augustus, the skill of Pyrrhus, the patience of Job, the philosophy of Socrates, the subtlety of Hannibal, the vigilance of Hermogenes, would not suffice to subdue the perversity of her character...weighing seriously all these considerations...I bequeath, to my said wife Elizabeth, the sum of one shilling. -- John George, 1791

Before anything else is to be done 50 cents [is] to be paid to my son-in-law to enable him to buy for himself a good stout rope with which to hang himself, and thus rid mankind of one of the most infamous scoundrels that ever roamed this broad land or dwelt outside of a penitentiary. -- Garvey B. White, 1908

BRIEF RELIEF -- Matters in Progress

Preparations of pleadings and interrogatories in federal district court matter.

New York evidence issue as to admission of contract.

Memo in opposition to Delaware bankruptcy motion, 11 U.S.C. sec. 105.

Copy of 29 U.S.C. sec. 1113 and memo on ERISA fiduciary liability.

Memo on weapon possession - New York law.

Equitable distribution and value of apartment - New York law.

Mutual mistake on boundary of property - Georgia law.

Frivolous appeal/criminal federal.

Passenger fall-down on cruise ship - federal law.

Nationwide search on statutes of limitation as to injury to person or property.

PUBLICATIONS OF INTEREST

Abramovsky, Abraham and Jonathan I. Edelstein. Pretext Stops and Racial Profiling After Whren v. United States: The New York and New Jersey Responses Compared. Albany Law Review 2000: Vol. 63, No. 3, pp. 725.

Langone, Christopher V. and Joel D. Dabisch. Have You Been "Spotted"? Recognizing and Attacking One of the Most Widespread Automobile-Dealer Abuses. Loyola Consumer Law Review 2000: Vol. 12, No. 2, pp. 108.

Aalberts, Robert J. Suits to Void Discriminatory Evictions of Disabled Tenants Under the Fair Housing Amendments Act: An Emerging Conflict? Real Property, Probate and Trust Law Journal: Winter 1999, Vol. 33, Iss. 4.

Campbell, John J. Defects, Due Process, and Protective Proceedings: Are Our Probate Codes Unconstitutional? Real Property, Probate and Trust Law Journal: Summer 1998, Vol. 33, Iss. 2.

Tuesley, Malcolm J. Not In My Backyard: The Siting of Wireless Communications Facilities. Federal Communications Law Journal: May 1999, Vol. 51, Iss. 3.

MATTERS OF INTEREST

U.S. Supreme Court

The petitioners’ "no airbag" lawsuit conflicts with the objectives of Federal Motor Vehicle Safety Standard 208 and is therefore pre-empted by the National Traffic and Motor Vehicle Safety Act of 1966. Geier, et al. v. American Honda Motor Co., et al. (5/22/00).

Without comment, the court let stand a ruling that could force airlines to pay a lot more to some passengers whose luggage was lost or damaged, rejecting an appeal in which American Airlines sought to limit how much it may have to pay for five suitcases that disappeared, or arrived empty, during a family’s 1995 trip. American Airlines v. Cruz (5/22/00).

The Court, without comment, refused to let police in Florida order passengers to remain in vehicles, along with the driver, during routine traffic stops, rejecting an appeal in which prosecutors said a state court was wrong to rule that such a police order violated passengers’ privacy rights. Florida v. Wilson (5/15/00 -- affirmed without written opinion).

Minnesota Court of Appeals

The questioning of a 12-year-old student regarding a BB gun found in his backpack, conducted in the school principal’s office and in the presence of a police officer, constituted a custodial interrogation that required a Miranda warning. In re G.S.P., No. C7-99-1028.

Vermont Supreme Court

The Court holds state must extend same-sex couples the same benefits as married opposite-sex couples. Baker v. State, 744 A.2d 864 (Vt. 1999).

Fifth Circuit

The Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is arrested. Mendenhall v. Riser, et al., 42 U.S.C. sec. 1983.

Eleventh Circuit

A city that denied a phone company a permit to build a cell tower can be liable for attorney fees for violating the company’s "civil rights" under 42 U.S.C. sect. 1983. AT&T Wireless PCS, Inc. v. City of Atlanta, No. 99-12261.

South Dakota Supreme Court

Where a couple specified in their divorce decree how they were going to allocate the federal tax exemption for their children, a court can later modify this arrangement. Jacobson v. Jacobson, No. 21088