... Impaired) and DUI (Driving Under the Influence) - but regardless of the particular offense in New York (both NYC and Westchester), prosecutors and judges take these ... I had in my system?" The answer to this question is quite simple. As we call it in the criminal law field, a DWI without a chemical test result and one based on an officer's ... per centum or more, a person is guilty of Driving While Intoxicated pursuant to "Common Law" VTL 1192.3 if they operate a motor vehicle while in an intoxicated ...
July 4, 2009 11:37 am

Download of the Week

(Legal Theory Blog)
/**/ Catherine Fisk and Deborah C. Malamud (University of California, Irvine Law School and New York University - School of Law) have posted The NLRB in Administrative Law Exile: Problems with its Structure and ... both the recent and longer-term history of the National Labor Relations Board (NLRB) from the perspective of contemporary debates about administrative law. The NLRB during the Bush Administration made a number of significant and controversial policy changes, both in substantive law and in ...
July 4, 2009 07:30 am
... with your insurance company, and hang up on the other driver's representative. In New York, your medical, hospital, and miscellaneous bills and expenses are paid through ... , and other expenses such as property damage are paid for. However, soon after the New York car accident, you will invariably hear from the other driver's insurance ... a car accident, or any other type of accident, contact the personal injury lawyers at The Law Office Of Mark A. Siesel online or toll free at 888-761-7633 for a free ...
July 3, 2009 06:44 pm
... which Bernard L. Madoff was condemned this week by a federal judge in Manhattan, Denny Chin. James A. Cohen, a Fordham University law professor, is among those who have a problem with sentences that are on their face impossible. "It prompts in some people a lack of respect ... for lack of a better term, the Adolf Hitler of white-collar crime." Stephen Gillers, who teaches legal ethics at New York University, also puts Mr. Madoff in a criminal class of his own, one that justifies a maximum sentence. ...
July 3, 2009 11:22 am
First a somewhat related news story from last month: Vivian S. Toy, "Penetrating the Maze of Mortgage Relief," New York Times, June 12, 2009 (discussing the work of housing advocates). Ray Brescia has posted "Tainted Loans: The Value of a...
July 3, 2009 10:49 am
"Tennessee Wins Ruling on Execution": JohN Schwartz has this article today in The New York Times. And The Associated Press reports that "6th Circuit backs up lethal injections; Death row inmate Harbison plans to appeal new ruling." My earlier coverage of yesterday's Sixth Circuit ruling appears at this link.
July 3, 2009 08:42 am
The New York Times ran an article June 28 with a twist on the same sad story about absurd bureaucratic delays for loan modifications: It told its story by following a Los Angeles loan modification company's employees. Just like many ... when we step in. Our Murrieta loan modification attorneys negotiate these same issues with lenders -- but with the added weight of the law behind us. Howard | Nassiri LLP represents homeowners throughout Southern California who need help convincing a loan servicer to ...
July 3, 2009 08:01 am
This one is from Wine Spectator: Federal Court Tells Out-of-State Wine Stores to Stay Out of New York . . . A three-judge panel on the Second Circuit Court of Appeals ruled unanimously that New York's law permitting in-state retailers...
July 3, 2009 06:34 am

The American Corporation and its Shareholders: Dooryard Visits Disallowed?

(The Harvard Law School Corporate Governance Blog)
... Corporation and Private Property, noted authors Berle and Means characterized this relationship as one where: The stockholder is…left as a matter of law with little more than the loose expectation that a group of men, under a nominal duty to run the enterprise for ... back) [9] See Roger Lowenstein, A Seat at The Table, New York Times (June 7, 2009). (go back) [10] See Robert A.G. Monks, The Harvard Law School Forum on Corporate Governance and Financial Regulation (Feb. 2, 2009), here. (go back) [ ...
July 3, 2009 05:22 am

Luckiest Man

(The Faculty Lounge)
... during my stint in March as a guest blogger, when I discussed Michael Goldsmith (one of my BYU law profs, and pictured), his battle with ALS, and his Newsweek editorial that ... guest of Major League Baseball at Yankee Stadium for tomorrow's afternoon game between the New York Yankees and the Toronto Blue Jays. Professor Goldsmith's participation is the subject of a recent television news story (video available here). BYU's law school web site also states: "NBC Today Show is broadcasting a story on ...
July 3, 2009 05:22 am
Happy Fourth of July! Reform, Legislation, Policy Point: Richard Epstein on Medical Malpractice Reform (Olson/Point of Law) Counterpoint: Eric Turkewitz Responds (New York Personal Injury Law Blog) Alberto Bernabe has more here. Trials, Settlement and Other Ends NE: Inmate Kills...
July 3, 2009 05:15 am
... was alleged to have had a close personal relationship and who had received unwarranted promotions and other benefits," the court recognized "a cause of action for sexual discrimination" under Section 296 of New York State's Executive Law, [the Human Rights Law]. The Court, however, noted that EEOC issued a policy statement on "Employer Liability under Title VII for Sexual Favoritism [N-915-048] in which it concludes that on the ...
July 3, 2009 04:00 am

Tweeting Employees?

(Indiana Civil " Business Lawyer Blog)
Let us count the ways Internet access has impacts employment law: Ee-mail. web surfing, downloading files, and blogging. All have had their crisis moments and now Tweets ... proprietary information, may reveal other privileged or private information and may expose the company to claims of defamation or harassment," writes Jones Day partner Steven Bennett in a cover story for the May issue of the New York State Bar Association Journal. The original article is here in PDF format. Not to denigrate the ...
July 3, 2009 01:45 am
The New York Times reported yesterday that New Delhi's High Court overturned a colonial law from 1861 criminalizing homosexual behavior. Before that time, Indian law ... Homosexuality has been illegal in India since 1861, when British rulers codified a law prohibiting "carnal intercourse against the order of nature with any man, woman or animal." ... Dalmia, one of India's best-known chefs, who lives with her girlfriend in New Delhi. Change particularly needs to happen in rural India, she said in an e- ...
July 3, 2009 01:28 am
Dozier Internet Law's John W Dozier Jr commented extensively on the New York affiliate tax law. Predicting that other states would follow suit, and over time there would become a sort of "tax haven" that one or two states would foster by taking a hands off approach to trying to create sales tax liability for purchases connected a state's "in-state" affiliate marketers, Mr. Dozier laid out a rather bleak forecast for ...
July 2, 2009 08:38 pm
... of my favorite plays of all time, "Old Wicked Songs," which I saw at the Promenade Theater in New York City at least four times during its run... And I did like it, because Marans has given a fitting dramatization to the early days of the gay rights movement in California, ... individuals and small subgroups did have a few significant achievements, such as persuading the American Law Institute to recommend decriminalization of private consensual sex as part of the Model Penal Code - but ...
July 2, 2009 08:14 pm
... market integrity has been harmed and that systemic risk arose as a result of the exemptions and exclusions from the federal securities laws that permitted a private market to thrive in ways that may have harmed the public markets. In fact, the market ... . In 2006, there were estimates that hedge funds were responsible for as much as half of the daily trading volume on the New York Stock Exchange. Because hedge funds are not subject to leverage or diversification requirements, hedge fund managers ...
July 2, 2009 07:06 pm
The New York Times reported that a panel of N.Y. State Appellate judges denied bar admission to law grad Robert Bowman, despite receiving the requisite recommendation from the state's committee that reviews bar applications. According to the Times, the judges...
July 2, 2009 03:39 pm
... a burial at Neverland could not be arranged in time. The Los Angeles Police Department asked the DEA to help in the probe, a law enforcement official in Washington told the AP on condition of anonymity because of the investigation's sensitivity. While the investigation into the ... in Los Angeles; John Rogers in Los Olivos; Michele Salcedo in Washington; Shawn Pogatchnik in London; and AP Entertainment Writer Erin Carlson in New York contributed to this story. Copyright 2009 The Associated Press.
July 2, 2009 03:25 pm
... hour later, back at my desk, I stumbled upon this story in yesterday's New York Times online. Both articles demonstrate that we have a serious problem ... Anything more than a fleeting reference" is a gross misstatement of the legal requirements of trademark law. If a writer really wants to send a fictional character to NYU or any other ... version of the great baseball book Moneyball (responsible, among other things, for inspiring law dean Jim Chen!) was set to begin filming in days, starring Brad Pitt ...
July 2, 2009 03:08 pm
 
 

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