"Unpublished opinions increase the risk of nonuniformity, allow difficult issues to be swept under the carpet, and result in a body of 'secret' law practically inaccessible to many lawyers." Justice Patricia Wald, National Classification Comm v. United States, 765 F.2d 164, 173 n.2 (D.C. Cir. 1985).

MATTERS OF INTEREST

Supreme Court Owasso Indep. Sch. Dist. No. I-011 v. Falvo, No. 00-1073. Peer-graded classroom assignments and papers are not educational records under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and, for that reason, peer grading does not violate student privacy rights afforded by the FERPA.

Florida Supreme Court CRIMINAL LAW & PROCEDURE Scott v. State of Florida, No. sc94701 (Fla. January 3, 2002). For crime of drug possession, government must show defendant knew the substance he possessed was illegal and mere possession of any illegal substance does not create an inference of knowledge of its illicit nature. FullText: http://www.flcourts.org/sct/sctdocs/ops/sc94701.pdf

3rd Circuit Rossman v. Fleet Bank. Credit card holders can sue under the Truth in Lending Act over an alleged "bait and switch" in which they say they were promised a card with no annual fee only to learn six months later that a fee was being imposed.

New Jersey White v. White, 344 N.J. Super. 211, 781 A.2d 85 (Ch. Div. 2001). New Jersey wiretap statute not violated by wife's retrieval of e-mails between husband and his girlfriend from computer kept by husband in marital residence's during pendency of divorce.

Oregon Appellate Court Weaver v. Guinn, 176 Ore. App. 383, 31 P.3d 1119 (2001). Insemination method critical: Mother and father signed written agreement that, in consideration for $12,000, mother would be artificially inseminated by father and give him the child. Father paid money, mother wanted to keep child anyway, but because mother and father conceived child by intercourse instead of artificial insemination, contract void as against public policy and mother awarded custody.

Michigan Court of Appeals Allen v. Mich. Basic Prop. Ins. Co., No. 223009, 2001 WL 1667819 (Mich. Ct. App. Dec. 28, 2001). A party to a civil action who invokes the privilege, however, does so at the peril of her claim. Plaintiff's claim was based on her contract with defendant. The policy contained specific requirements with respect to plaintiff's duties after a loss, including submitting to an examination under oath. Plaintiff cannot avoid agreed-upon policy requirements by asserting Fifth Amendment privilege.

New York Court of Appeals In Re: Estate of Kathleen L. Covert, 3 No. 154 (N.Y. November 20, 2001). Where a victim's will makes bequests to the wrongdoer's family, innocent distributees are not disinherited by virtue of their familial relationship to the wrongdoer. Full text: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ny&vol=I01&invol=0130

Criscione v. City of New York, 2 No. 165 (N.Y. December 13, 2001). A police officer who drives a patrol car responding to a 911 call to investigate a family dispute is engaged in the vehicle's "emergency operation" under Vehicle and Traffic Law Section 114-b, warranting a "reckless disregard" standard for an action based upon an accident with the vehicle. Full text: http://caselaw.lp.findlaw.com/scrips/getcase.pl?court=ny&vol=I01&invol=0141

Legally Relevant Sites on the Internet

Divorce Source http://www.divorcesource.com/search/ search.html

Reverse Directory Phonebook http://reversedirectory.langenberg.com/

PUBLICATIONS OF INTEREST

Alan M. Dershowitz. "Shouting Fire." Civil Liberties in a Turbulent Age. Alan Dershowitz has his say on many heat-filled topics.

Brad Meltzer. "The Millionaires." Makes readers wonder who can be trusted at the investment bank, but it also explores the level of trust in sibling relationship.

Randy Awdish. "The Following Will Surprise or Even Shock You: A Look into TV Newsmagazines and Their Effect on Consumers." Loyola Consumer Law Review, Volume 13, Number 4, 2001.

Sheila A. Huddleston. "Putting the Right (Type) Face on Your Appeal." The Connecticut Law Tribune, November 12, 2001.

Michael C. Dorf. "A Brief History of Executive Privilege, from George Washington through Dick Cheney." FindLaw's Legal Commentary, February 6, 2002.

BRIEF RELIEF MATTERS IN PROGRESS

1. NY right of tenant to waive benefits of rent control.
2. NY motion for summary judgment on breach on contract.
3. NY appellate brief on issues of agency and apparent authority of corporate officer to execute mortgage.
4. Case law and statutes as to refund policy where no issue as to condition of goods or delivery.
5. Credit discrimination by manufacturer to retailers and whether cause of action exists under 15 USC §13.
6. Interrogatories and request for jury charge.