"Cogito cogito ergo cogito sum (I think that I think, therefore I think that I am.)
-- Ambrose Bierce, The Devil's Dictionary

"In our civilization, and under our republican form of government, intelligence is so highly honored that it is rewarded by exemption from the cares of office."
- Ambrose Bierce, The Devil's Dictionary

MATTERS OF INTEREST

U.S. Supreme Court BROWN v. LEGAL FOUND. OF WASHINGTON, No. 01-1325 (U.S.S.C. March 26, 2003)
A state law requiring client funds that could not otherwise generate net earnings for the client be deposited in an "interest on lawyers' trust account" is not a regulatory taking, but requiring that interest on those funds be transferred to a different owner for a legitimate public use could be a per se taking requiring payment of just compensation to the client in some cases. http://laws.lp.findlaw.com/us/000/011325.html

VIRGINIA v. BLACK, No. 01-1107 (U.S.S.C. April 07, 2003)
Consistent with the First Amendment, a state may ban cross-burning carried out with the intent to intimidate, but a Virginia statute provision treating any cross burning as prima facie evidence of an intent to intimidate renders that statute unconstitutional. http://laws.lp.findlaw.com/us/000/011107.html

STATE FARM MUT. AUTO. INS. CO. v. CAMPBELL, No. 01-1289 (U.S.S.C. 4/7/03)
A punitive damages award of $145 million, where full compensatory damages are $1 million, is excessive and violates the Due Process clause of the Fourteenth Amendment, after findings of an insurer's fraud and intentional infliction of emotional distress. http://laws.lp.findlaw.com/us/000/011289.html

New York Court of Appeals CRUMP v. UNIGARD INS. CO., 3 No. 28 (N.Y. March 27, 2003) A 1978 amendment to Banking Law section 576 did not abrogate the common law rule that cancellation of an insurance contract becomes effective when it is received by an insurance company. http://caselaw.lp.findlaw.com/data/ny/cases/app/28opn03.pdf

PEOPLE v. BROWN, 1 No. 27 (N.Y. 4/1/03)
Defendant failed to preserve his claim that a "missing witness" charge was error where an argument was not raised in trial court. Insufficient evidence showed that defendant sold the requisite number of firearms to support criminal sale of firearms counts. http://caselaw.lp.findlaw.com/data/ny/cases/app/27opn03.pdf

Second Circuit Courts of Appeals FERRELLI v. RIVER MANOR
 Judges may decide whether to probe pro se competence. District court judges aren't required to inquire without prompting into a pro se plaintiff's mental competence, even where there is evidence of bizarre behavior. Examining the scope of FRCP 17(c) as it concerns the appointment of guardians ad litem or other protective measures, the court said judges have broad discretion in deciding whether to conduct an inquiry into indigent plaintiffs' competence. For copy of opinion, contact RESEARCH ASSOCIATES jmf@researchassociates.net

U.S. District Court - S.D.N.Y. REGATOS v. NORTH FORK BANK UCC found to trump contracts on New York bank transfers. New York banks cannot give a customer less than a year to object to an allegedly unauthorized funds transfer. For copy of the opinion, contact RESEARCH ASSOCIATES jmf@researchassociates.net

Legally Relevant - Internet Legal Research Websites

FindLaw's Modern Practice http://practice.findlaw.com/

Jones Day Publications http://www1.jonesday.com/pubs/pubs.asp

American Legal Ethics Library http://www.law.cornell.edu/ethics/

PUBLICATIONS OF INTEREST

JOANNA GROSSMAN, "What Should Happen When Sexual Harassment Victims Don't File Prompt Complaints?" A court weighs in Hofstra law professor Joanna Grossman considers a recent ruling on this question: If a sexual harassment plaintiff fails to file a complaint under the company's internal grievance procedure, or delays in filing such a complaint, should she still be able to sue the company? Grossman notes, among other points, that many victims fear losing their jobs if they complain internally. http://writ.news.findlaw.com/grossman/20030408.html

PETER LURIE, "A Problematic New View On Why They Hate Us, And What to Do About It: A Review of Amy Chua's 'World on Fire'" Attorney Peter Lurie reviews Yale law professor Amy Chua's recent book on the roots of anti-American hatred. Chua's thesis is that anti-Americanism is the result of "the three most powerful forces operating in the world today: markets, democracy, and ethnic hatred;" she also makes some policy prescriptions to remedy the situation. http://writ.news.findlaw.com/books/reviews/20030411_lurie.html

National Law Journal What 'Gideon' Promised - Legal Times The U.S. Supreme Court's landmark 1963 Gideon v. Wainwright decision, with its great promise of equal justice, showed the Court at its very best. Forty years later, however, the Court and Congress have faltered in committing fully to those principles of fairness and equality. It's time to make the promise of Gideon a reality, says Massachusetts Sen. Edward M. Kennedy. For copy of article, contact RESEARCH ASSOCIATES jmf@researchassociates.net

Associated Press National Do-Not-Call sign-up starts in July People fed up with unwanted telemarketing can sign up in July for a national do-not-call list that will block many sales calls.

The Medicaid Resource Book http://www.kff.org/content/2003/2236/

 From the Kaiser Family Foundation, "This reference book describes four pivotal aspects of how the Medicaid program operates -- who it covers, what it covers, how it is financed, and how it is administered."

BRIEF RELIEF MATTERS

1. New York - municipal action, arbitrary and capricious.
2. New York - res judicata and collateral estoppel by prior court order.
3. New York - memo on motion to dismiss and CPLR 3211.
4. Sale of securities - statute of frauds.
5. Verified Complaint, Order to Show Cause and letter memo on employee violating restrictive covenant.