"The way to develop self-confidence is to do the thing you fear and get a record of successful experiences behind you. Destiny is not a matter of chance, it is a matter of choice; it is not a thing to be waited for, it is a thing to be achieved." William Jennings Bryant (1860-1925).

BRIEF RELIEF

1. Effect of Hospital Lien rule in Texas.
2. Rights of "member" of New York L.L.C. and apparent authority.
3. New York real estate exemption in Bankruptcy proceeding.
4. Arbitration Clause in contract and rights on assignment in New York and Florida.
5. Issue of damages in breach of long term employment contract.
6. Contempt holding where order was interlocutory and matter has been terminated.
7. Declaratory Judgment complaint as to insurance policy.
8. Cases as to New York law on common law marriages.
9. New York Law as to answer and separate defenses. Review of motion to amend complaint to add direct defendant.

MATTERS OF INTEREST

Supreme Court
United States v. Oakland cannabis Buyers' Cooperative No. 00-151. CONTROLLED SUBSTANCES ACT (No Medical Necessity Exception to Prohibition of Illegal Drug Manufacturing and Distribution)

Cooper Industries, Inc. v. Leatherman Tool Group, Inc. No. 99-2035. DUE PROCESS
The Court held that due process requires appellate courts to use a de novo rather than abuse of discretion standard when reviewing for "grossly excessive" awards. Do novo review is appropriate because the analysis requires the court to determine the reasonableness of the award based on the facts of the particular case.

Atwater v. City of Lago Vista (04/24/01- No. 99-1408). The Fourth Amendment does not forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation, punishable only by a fine.

2nd Circuit Court of Appeals
Chang v. US (05/04/01- No. 99-2471). Plaintiff who alleged ineffective assistance of counsel because his attorney prevented him from testifying in his own defense is entitled to an evidentiary hearing.

9th Circuit Court of Appeals
US v. Miles (04/26/01- No. 00-30035). A police officer may not move or shake a small box found in a pat down weapons search during an investigatory stop.

New York Court of Appeals
Hamilton v. Beretta USA Corp. (04/26/01- No. B136491). Hand gun manufacturers do not owe relatives of hand gun victims a duty to exercise reasonable care in the marketing and distribution of the handguns they manufacture, and liability for a jury damage award may not be apportioned on a market share basis.

People v. Greene, App. T No. 49 (N.Y. May 03, 2001). A defendant can be retried on a lesser included offense of driving while impaired on which the jury failed to reach a verdict, even where defendant was acquitted of a greater offense of driving while intoxicated, since defendant is not in jeopardy of conviction of the greater offense during retrial.

Oberly v. Bangs Ambulance Inc. (05/03/01-No. 3 No. 72). Only a total loss of use is compensable under the "permanent loss of use" exception to New York's no-fault insurance law remedy in order to recover damages in tort for non-economic loss, pain and suffering.

Supreme Court of Texas
Texas Dep't of Protective and Regulatory Service v. Sherry (04/26/01-No. 00-0386). Under Family Code 160.007 (a) (1), alleged father of child may not sue to establish paternity after court has found another man to be the biological father of the child even if he was not served notice of prior paternity suit.

Florida Supreme Court
Criminal Law & Procedure
State of Florida v. Glatzmayer, No. sc00-602 (Fla. May 03, 2001). When suspects who are considering waiving their Miranda rights ask law enforcement officers if they should invoke the right to counsel, the officer must make a good faith effort to provide a simple and straightforward answer.

PUBLICATIONS OF INTEREST

Domestic Partnership, Civil Unions, or Marriage: One Size Does Not Fit: Paula L. Ettelbrick, Albany Law Review,
2001, vol. 64, no. 3

Same-Sex Marriages Have Existed Legally in the United States For a Long Time Now: Phyllis Randolph Frye & Alyson Dodi Meiselman, Albany Law Review,
2001, vol.64, no. 3

To An Unknown God-Book
A law professor dissects Employment Division, Department of Human Resources v. Smith: Garrett Epps., Religious Freedom on Trial

Republic.COM-Book
A Law Professor Questions the Political Effects of the Internet: Cass Sunstein

"Limited Liability Companies in the Decade of the 1990's: Legislative and Case Law Developments and Their Implications for the Future," The Business Lawyer, vol 56, no. 2, Feb. 2001.

"The Reasonable Girl: A New Reasonableness Standard to Determine Sexual Harassment in Schools," Washington Law Review, vol. 76, no. 1, Jan. 2001.