"The difference between stupidity and genius is that genius has its limits. -- Albert Einstein (1875 - 1955).

"True wisdom is less presuming than folly. The wise man doubts often, and changes his mind; the fool is obstinate, and doubts not; he knows all things but his own ignorance." -- Akhenaton (d. c. 1354 BC), Egyptian Pharaoh.

MATTERS OF INTEREST

Supreme Court LAPIDES V. BD. OF REGENTS OF UNIV. SYS. OF GEORGIA, No. 01-298 (U.S.S.C. May 13, 2002) A state waives its Eleventh Amendment immunity when it voluntarily invokes federal court jurisdiction by removing a case from state court to federal court. http://laws.lp.findlaw.com/us/000/01298.html

ALABAMA V. SHELTON, No. 00-1214 (U.S.S.C. May 20, 2002) A suspended sentence, which may result in deprivation of liberty, may not be imposed unless the defendant was accorded the assistance of counsel in the prosecution for the crime charged. http://laws.lp.findlaw.com/us/000/001214.html

BELL V. CONE, No. 01-400 (U.S.S.C. May 28, 2002) State court's finding, that defense counsel's failure to present mitigating evidence against imposition of the death penalty and waiver of final argument did not amount to ineffective assistance, was neither "contrary to" nor an "unreasonable application" of federal law under the Strickland standard. http://laws.lp.findlaw.com/us/000/01400.html

California Supreme Court SILO V. CHW MED. FOUND., No. S095918 (Cal. May 16, 2002) There is no clear public policy against religious organizations prohibiting what they consider to be inappropriate religious speech in the workplace, and therefore, no liability in tort for such an organization's termination of an employee who engages in such speech. http://caselaw.findlaw.com/data2/californiastatecases/s095918.doc

Florida Supreme Court DOE V. EVANS, No. SC94450 (Fla. March 14, 2002) The First Amendment does not provide a shield behind which a church may avoid liability for harm caused to a third party arising from the alleged sexual misconduct by one of its clergy members during the course of an established marital counseling relationship. http://caselw.lp.findlaw.com/data2/floridastatecases/3_2002/SC94450.pdf

Second Circuit KROPELNICKI V. SIEGEL, No. 01-7025, 01-7233 (2d Cir. May 8, 2002) Appellant's claim under the Fair Debt Collection Practices Act is inextricably intertwined with a state court default judgment in a debt collection action (and a motion to vacate it), and appellant had ample opportunity to raise this claim before the state court, thus the Rooker-Feldman doctrine therefore bars federal review. http://laws.lp.findlaw.com/2nd/017025.html

US V. LAWES, No. 00-1707 (2d Cir. June 3, 2002) In appeal from conviction for the illegal possession of a firearm by a felon: 1) similarity between defendant and a murder suspect, under the circumstances, was sufficient to establish reasonable suspicion justifying a stop of defendant 2) voir dire and jury instructions amply communicated that a prejudice or bias favoring the credibility of police as inappropriate. http://laws.findlaw.com/2nd/001707.html

New York Court of Appeals BANQUE INDOSUEZ V. SOPWITH HOLDINGS CORP., 1 No. 37 (N.Y. May 2, 2002) An attorney's charging lien, acquired by defendants' attorneys on their successful cause of action, is not entitled to priority over plaintiff's right to setoff its larger judgment against defendants, but is instead subordinate to plaintiff's setoff rights under the facts. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ny&vol=I02&invol=0050

PUBLICATIONS OF INTEREST
 
Kristen Weisse, "Remedies for Internet Fraud: Consumers Need All the Help They Can Get," Loyola Consumer Law Review, Vol. 14, No. 2.

Erin M. Davis, "The Doctrine of Respondeat Superior: An Application to Employers' Liability for the Computer or Internet Crimes Committed by Their Employees," Albany Law Journal of Science & Technology, Vol. 12, No. 2 (2002).

Erin P. George, "The Stem Cell Debate: The Legal, Political and Ethical Issues Surrounding Federal Funding of Scientific Research on Human Embryos," Albany Law Journal of Science & Technology, Vol. 12, No. 2 (2002).

"Apprendi and the Dynamics of Guilty Plea," Stanford Law Review, Vol. 54, No. 2 (Nov. 2001). http://www.law.stanford.edu/lawreview/content/vol54/Bibas.pdf

Table Summarizing Divorce Laws in 50 States. http://www.abanet.org/family/familylaw/tables.html

BRIEF RELIEF MATTERS IN PROGRESS

1. Complaint for legal malpractice.
2. New York motion to restore after dismissal of removal action.
3. New York right to waive benefits of rent control.
4. Declaration of incompetency and dispute between competency experts.
5. Effect of incomplete corporate buy-out agreement-uncertainty of terms.
6. Interpretation of "calendar days" in limitation clause of real estate contract.
7. Employment contract and substitution of place of employment damages.