"At the constitutional level where we work, 90% of any decision is emotional. The rational part of us supplies the reasons for supporting our predilections." -- Justice William O. Douglas

"We do not sit as a superlegislature to weigh the wisdom of legislation." -- Justice William O. Douglas

MATTERS OF INTEREST

SECOND CIRCUIT TRANSP. ALTERNATIVES, INC. v. CITY OF NEW YORK, No. 02-9012 (August 08, 2003) The city's fee-setting scheme for "special events" held on park property violates the First Amendment's guarantee of free speech. http://caselaw.lp.findlaw.com/data2/circs/2nd/029012p.pdf

THIRD CIRCUIT A.W. v. JERSEY CITY PUB. SCH., No. 02-2056 (3d Cir. August 19, 2003) By the acceptance of federal financial assistance, state defendants have waived any constitutional immunity from claims under section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities in Education Act. http://caselaw.lp.findlaw.com/data2/circs/3rd/022056p.pdf

MILLER v. RITE AID CORP., No. 02-2464 (3d Cir. June 30, 2003) Where an employee voluntarily left employment before the vesting of his benefits, he is not a "participant" in the plan, and therefore has no standing to assert a claim under ERISA. http://caselaw.lp.findlaw.com/data2/circs/3rd/022464p.pdf

FIFTH CIRCUIT U.S. v. BRIGHAM, No. 02-40719 (5th Cir. August 18, 2003) Questioning a driver and his passengers for eight minutes about matters unrelated to a traffic stop constituted a prolonged detention in violation of the driver's Fourth Amendment rights. For copy of opinion contact RESEARCH ASSOCIATES jmf@researchassociates.net

NINTH CIRCUIT U.S. v. CHASE The Court ruled that psychiatrists can't testify against patients who make dangerous or threatening confessions during therapy. An en banc panel ruled that prosecutors couldn't use testimony from doctors to help convict their patients, but the majority did note that its ruling doesn't extend to civil court proceedings over whether the patient should be committed to a hospital. For copy of opinion, contact RESEARCH ASSOCIATES jmf@researchassociates.net

HOLLY D. v. CALIFORNIA INSTITUTE OF TECHNOLOGY, No. 01-56050. Aug. 15, 2003. Where an employee claims she was coerced into sex with her supervisor by threats that she would be discharged if she failed to comply, this could constitute a "tangible employment action" under Title VII. For copy of opinion, contact RESEARCH ASSOCIATES jmf@researchassociates.net

SOUTH CAROLINA SUPREME COURT HUGGINS v. CITIBANK Lawyers won a major victory for banks when the South Carolina Supreme Court ruled that identity theft victims have no valid negligence claim against a credit card company that issues a card to an impostor. One attorney said the decision in Huggins v. Citibank is the first of its kind in the country and that the case was closely watched because the plaintiffs were seeking to create a "brand new tort." For copy of opinion contact RESEARCH ASSOCIATES jmf@researchassociates.net

DOCUMENTS OF INTEREST

UNITED STATES v. HEMANT LAKHANI (August. 11, 2003) Federal criminal complaint raising material support for terrorist allegations against British citizen suspected of trying to smuggle a shoulder-launched surface-to-air missile into the U.S. to be used against a commercial airliner. http://news.findlaw.com/hdocs/docs/terrorism/uslakhani81103cmp.pdf

PUBLICATIONS OF INTEREST

ANITA RAMASASTRY, "Why the ACLU Is Right To Challenge The FBI's Access to Library, Bookstore, and Business Records Under the USA PATRIOT Act" Ramasastry discusses a recent suit filed by the ACLU, on behalf of six Arab-American advocacy and community groups, against the federal government. The suit challenges the constitutionality of a key provision of the post-September 11 USA PATRIOT Act; Ramasastry argues that the First and Fourth Amendment concerns the provision raises are very real indeed, and that legislation to amend this provision ought to be enacted. http://writ.news.findlaw.com/ramasastry/20030806.html

GEORGE KANABE, "Why Judges and Juries Should Have Access to Complete Electronic Recordings of Police Interrogations: Following Illinois's Example" Kanabe makes the case for electronic recording of police interrogations. Kanabe surveys the states that have so far required recording -- through law, judicial decision, or police practice. He also notes the benefits and costs of such requirements, as well as the specific questions that any state considering such a requirement must resolve. http://writ.news.findlaw.com/student/20030813_kanabe.htm

BOOK REVIEWS

MARK S. ZAID, "The New, Unabashed McCarthyism: A Review of Treason: Liberal Treachery From The Cold War To The War On Terrorism" Zaid reviews conservative commentator Ann Coulter's recent book, Treason. Zaid takes strong issue with Coulter's complimentary portrayal of Senator Joseph McCarthy. Zaid also find Coulter's thesis wildly overstated, and her evidence sorely lacking. http://writ.news.findlaw.com/books/reviews/20030808_zaid.ht

SAM WILLIAMSON, "Conspiracy Theory?: A Review of Amy Gutman's The Anniversary" Williamson reviews former attorney and journalist Amy Gutman's new legal thriller, The Anniversary. Williamson compliments Gutman's storytelling flair and adept characterizations, but takes issue with her ending (though without spoiling it). http://writ.news.findlaw.com/books/reviews/20030815_williamson.html

BRIEF RELIEF MATTERS

1. N.Y. Appellate Division Brief on appeal.
2. N.Y. draft of complaint, affirmation and reply to opposition motion.
3. Federal motion to vacate default judgment - Rules 55(c) and 60(b).
4. Research on child abuse and custody.