"A judge is a law student who marks his own examination papers." -- H. L. Mencken

"Nobody outside of a baby carriage or a judge's chamber believes in an unprejudiced point of view." -- Lillian Hellman (1905-84)

MATTERS OF INTEREST

U.S. Supreme Court Legal aliens who commit certain crimes in the U.S. can be imprisoned pending their deportation hearings. http://laws.findlaw.com/us/000/01-1491.html

ILLINOIS EX REL MADIGAN v. TELEMARKETING ASSOCS., INC., No. 01-1806 (U.S.S.C. May 05, 2003) States may maintain fraud actions when fundraisers make false or misleading representations designed to deceive donors about how their donations will be used. http://laws.lp.findlaw.com/us/000/011806.html

KAUPP v. TEXAS, No. 02-5636 (U.S.S.C. May 05, 2003) Where a criminal defendant was arrested without probable cause prior to his being questioned by police, his subsequent confession must be suppressed where the state failed to allege any meaningful intervening event between the illegal arrest and the confession. http://www.supremecourtus.gov/opinions/02pdf/02-5636.pdf

PHARM. RESEARCH & MFRS. OF AM. v. WALSH, No. 01-188 (U.S.S.C. May 19, 2003) A preliminary injunction preventing implementation of a state program reducing prescription drug prices for state residents was improper, where an association of non-resident drug manufacturers could not show probability of success on Commerce Clause claims. http://laws.lp.findlaw.com/us/000/01188.html

New York Court of Appeals PERALTA v. HENRIQUEZ, 2 No. 54 (N.Y. May 13, 2003) Private landowners did not have a general duty to illuminate a parking lot; rather the jury in a personal injury case should have been asked to determine if defendants knew or should have known that existing lighting was adequate given the use and design of the lot. http://caselaw.lp.findlaw.com/data/ny/cases/app/54opn03.pdf

Second Circuit US v. DAVIS, No. 02-1569 (2d Cir. 4/22/02) Videotape surveillance evidence procured through a camera concealed in the jacket of a visitor invited into defendant's residence was not obtained in violation of the Fourth Amendment, thus his drug conviction stands. http://caselaw.findlaw.com/data2/circs/2nd/021569P.pdf

GEROSA v. SAVOSTA Remedies outlined in the Employee Retirement Income Security Act are exclusive and leave no room for judicially created remedies. The court found that recent U.S. Supreme Court decisions undermined a leading 2nd Circuit case on the issue, and therefore barred such damages. For copy of opinion, contact RESEARCH ASSOCIATES jmf@researchassociates.net

Third Circuit PELLICCIA v. U.S. DEPARTMENT OF EDUCATION In a ruling that promises to make it much more difficult for bankruptcy debtors to win forgiveness of their student loans on "undue hardship" grounds, the court has ruled that such debtors must prove that they made good-faith efforts to repay the loans over the "entire" period from the first due date of the loans to the bankruptcy filing date. For copy of article, contact RESEARCH ASSOCIATES jmf@researchassociates.net

Ninth Circuit With six judges dissenting, the court let stand a controversial ruling that found the Second Amendment doesn't give individuals a right to bear arms. http://caselaw.lp.findlaw.com/data2/circs/9th/0115098pv3.pdf

Tenth Circuit U.S. v. BROWN, 2003 WL 1875457 (10th Cir. 2003) A district court did not abuse its discretion in excluding expert testimony that a defendant suffered from post-traumatic stress disorder and chemical dependency, that he lacked the capacity to conform his conduct to the requirements of the law, and that he was unable to make correct choices. The Court held, however, that psychological or psychiatric evidence that negates the essential element of specific intent can be admissible. It had not previously addressed the issue.

PUBLICATIONS OF INTEREST

JOANNA GROSSMAN, "When An Employee Is Not Formally Fired, But Effectively Forced To Leave, Is Her Employer Automatically Liable For Sexual Harassment?" Should an employee who is "constructively discharged" -- that is, forced by harassment to leave her workplace -- be treated the same as one who is formally fired. http://writ.news.findlaw.com/grossman/20030422.html

TOM TAULLI, "The Life of Justice Douglas: Bruce Murphy's Biography, Wild Bill" FindLaw book reviewer and corporate finance expert Tom Taulli reviews a recent biography of one of the Supreme Court's greatest characters, Justice William O. Douglas, by accomplished Court scribe Bruce Murphy. As Taulli discusses, Douglas's life and his legend were often out of sync, but both are fascinating. http://writ.news.findlaw.com/books/reviews/20030502_taulli.html

Legally Relevant - Internet Legal Research Websites

Jones Day Publications Part of the website of worldwide firm Jones Day, browse around this page for interesting articles and other publications on a variety of legal subjects. You can search by keyword, or look at all the publications in the library. http://www1.jonesday.com/pubs/pubs.asp

American Legal Ethics Library The American Legal Ethics Library is maintained by the Legal Information Institute at Cornell, and contains both the codes or rules setting standards for the professional conduct of lawyers and commentary on the law governing lawyers, organized on a state by state basis. http://www.law.cornell.edu/ethics/

BRIEF RELIEF MATTERS

1. New York - suit for breach of employment contract.
2. Suit for expungement of arrest record.
3. Suit to compel payment of insurance policy to first wife.
4. Preparation of nonprofit Certification of Incorporation and by-laws.