Tuesday, August 31, 2004
We Love BoleyBlogs!
Monday, August 30, 2004
Ex-lawyer faces trial for fraud, hoarding clients' money
Ex-lawyer faces trial for fraud, hoarding clients' money
Russian emigre Nikolai Tehin put himself through law school and apparently obtained the American dream after three decades of lawyering: a 73-foot yacht, a seemingly endless fleet of luxury cars and an $8 million home.
But the rags-to-riches saga could end in federal prison for the now-disgraced and disbarred attorney. Tehin's fraud trial was scheduled to begin Monday and he faces more than 20 years in prison if convicted.
Federal prosecutors allege Tehin financed his lavish lifestyle by ripping off more than $2 million from his clients, who included low-income apartment tenants, disabled children and struggling immigrants.
More at http://courttv.com/trials/news/0804/30_tehin_ap.html
$140,000 to refer a widow to another firm?
Ethical Questions Raised on Legal Fee From Widow
When Joseph P. Dowd, a small-time lawyer, met Mary Corcoran, newly widowed, at the bar of Harpoon Louie's in Winthrop Harbor, Ill., in the spring of 1999, he at first decided not to approach her.
"It would have been too pie in the sky," he said at a deposition three years later. "It went through my mind, should I buy her a drink? But I thought it would be very tacky to do that, to pursue the case like that."
..."His only role was to call us," said Thomas A. Demetrio, of the Chicago firm Corboy & Demetrio, which represented Ms. Corcoran in the injury suit but declined to take any money. "He didn't work on the case. In Illinois, referral fees are permitted for just making a phone call."...
Full story at http://www.nytimes.com/2004/08/28/politics/28law.html?th
Friday, August 27, 2004
Leaving ethically
TWO ATTORNEYS HIT FOR LURING AWAY CO-WORKERS
Supreme Court Finds Interference With At-Will Employees
Certainly you should leave a former employer on good terms, but how about taking a few important co-workers with you?
Well, the California Supreme Court told two Pasadena immigration lawyers that persuading their former employer’s staff to leave and work for them, partly by unethical conduct, can amount to intentional interference with an employment relation, even if the employees in question are at-will.
Full story
Ethics Error
Ethics error
PARTING SHOT BACKFIRES
Judge Suspends Lawyer Accused of Hinting She Would Label Ex-client a Terrorist Sympathizer
Sheri Paige has been found responsible for several ethics violations in her law career – failing to return client evidence, using an improper fee agreement, even submitting falsified documents in her defense. This time, a judge has decided Paige’s misconduct warrants a one-year suspension.
When a client got a new lawyer and told Paige he was going to file a complaint against her, according to the court record, she suggested that any testimony she might present at a grievance hearing would undermine his application for a green card and could increase any interest the FBI had in him as an Egyptian immigrant and a "possible terrorist sympathizer."
Full story at http://www.abanet.org/journal/ereport/au27immig.html
Votes for sale, votes for sale
Man caught trying to sell vote on eBay
James Pengov thought selling his vote would help get him out of debt. Instead it landed him in trouble with the law. ... "Up for auction is MY VOTE!," said Pengov's Aug. 19 posting on the online marketplace....Simply tell me who to vote for, after paying the auction, and it will be so. If you care, buy my vote and you will have twice the power in the upcoming election!!!!"
For full story, see http://courttv.com/people/2004/0827/vote_ap.html
Thursday, August 26, 2004
Not Plagiarism, but Not a Good Idea
See Bright v. Westmoreland County. See also The Legal Reader for more discussion and links.
CRS Provides Road Map to 9/11 Commission Recommendations
SOURCE: ResourceShelf
Dawg Blawg Watch: Health Care BlogLaw
SOURCE: Inter Alia
Wednesday, August 25, 2004
New Blog on Law & Entrepreneurship from Univ. of Wisconsin
Schlesinger Panel Report Available
Related article from American Forces Information Service: Panel Cites Direct, Indirect Responsibility for Abu Ghraib
Tuesday, August 24, 2004
New SIU Law Scholarship: Witness Disclosure in Illinois
ABSTRACT: In 2002, the Illinois Supreme Court adopted its third witness disclosure rule. Nearly 20 years earlier, the court had adopted its first such rule, Supreme Court Rule 220. On close inspection, however, the Rule 220 requirements did not cover all expert witnesses. So, in 1995, the Illinois Supreme Court adopted its second witness disclosure rule, repealing Rule 220 and amending Rule 213, to address the witness disclosure concerns. While this change solved most of Rule 220's problems, Rule 213 had problems of its own. Part I of this article reviews the lessons learned under the first two rules. In 2001 and 2002, the Illinois Supreme Court Rules Committee considered proposed solutions to Rule 213's problems and adopted its third witness disclosure rule. The development of the new rule, an amended version of Rule 213, took place in several stages before its adoption by the Supreme Court. Part II of the article describes this new rule’s drafting history. Since new Rule 213 took effect, the changes made by the rule have raised issues. In particular, the meanings of the terms “retained” expert and “reasonable notice” have been questioned. Part III of the article discusses these key issues under the new rule. Part IV of the article proposes the Illinois Supreme Court next adopt rules that allocate and reduce the expense of discovering the opinions of treating physicians. With the new rule in place, these issues have come to light. These concerns are the newest in a long line of witness disclosure issues in Illinois.
Power of Google & Yahoo Explored
“Imagine if one company controlled the card catalog of every library in the world. The influence it would have over what people see, read and discuss would be enormous. . . .
“Few people realize that 95 percent of all Web searches in the United States are handled by two companies, Google and Yahoo. . . . The influence of search companies in determining what users worldwide can see and do online is breathtaking.
“As disquieting as this power may be, it masks a deeper problem. While search engines are indispensable for finding information online, the technology on which they are based serves to narrow the field of sites that people see.
“Google’s use of links to find content essentially turns the Web into the world’s biggest popularity contest—and just as in high school, this can have negative consequences.”
SOURCE: beSpacific
Monday, August 23, 2004
Judge Posner Blogs This Week
Start Off the New Semester with Some Legal Humor
Ambrogi’s conclusion rings true here: “If we cannot laugh at ourselves, someone once wrote, others will be glad to do it for us. On the Web, there is plenty of both—lawyers laughing at themselves and others laughing at lawyers.”
[Thanks to the Univ. of Baltimore Law Library Weblog for the tip.]
Sunday, August 22, 2004
On Volunteering in Class
The Perils of Being a Passive Law Student by Eugene Volokh, professor at UCLA School of Law.
Friday, August 20, 2004
Zimbabwe Proposes Bill to Ban International Human Rights Aid
Zimbabwe's government Friday published a draft bill that, if passed by parliament, would bar international human rights groups from the country and would make it an offence for local aid groups to receive foreign funding for human rights activities. More of JURIST’s report.
Thursday, August 19, 2004
Five Indispensable Tips for Law Students and New Lawyers
“Backdoor Draft” Challenged
"An anonymous California National Guardsman filed suit in Federal District Court in San Francisco on Tuesday claiming that a "stop loss" order preventing him from leaving the military at the end of his contract is a violation of his civil liberties -- the first legal challenge to the 40,000 stop-loss orders issued by the U.S. military since 9/11."
See "Doe" vs. Rumsfeld for the complete story.
Monday, August 16, 2004
Illinois Protects Reservists from Discrimination
The “Citizen Soldier Initiative,” the first of its kind in the nation, was signed Saturday as part of a ceremony welcoming home 180 Illinois soldiers who had served more than 14 months overseas providing force protection and installation security in Iraq. This law is effective immediately. Military members can call 1-800-662-3942 and report violations to the Illinois Department of Human Rights.
American Constitution Society Launches New Blog
Thanks to Jerry Lawson of Netlawblog for the link.
Thursday, August 12, 2004
Current Law School & Law Review Symposia: Website Listing
Calif. Supreme Court Voids S.F. Gay Marriages
Text [PDF] of today’s Supreme Court’s decision in Lockyer v. City & County of San Francisco is here. Background information, including an archived audiocast of oral arguments on May 25, 2004, and briefs and other documents filed in the case, are here.
Wednesday, August 11, 2004
New Web Site - TSA Security Checkpoint Wait Times
More Tips on Legal Writing
New E-Mail Alert Services for DOL and IRS
The DOL service provides subscribers with “regular updates on a number of topics including news releases, weekly unemployment claims reports, disability employment policies, labor law compliance and small business programs.”
According to the IRS announcement, subscribers to IRS GuideWire “will be notified by e-mail when the IRS issues guidance. The e-mail will include a brief description of the guidance and a link to the document in PDF format. . . . Subscribers will not receive all IRS guidance, only advance guidance; for a publication of all IRS guidance, see the Internal Revenue Bulletin.”
SOURCE: ResourceShelf
Tuesday, August 10, 2004
ABA Approves Resolutions at Annual Meeting
- overwhelmingly approved a resolution condemning the government's handling of foreign detainees and recommending changes in the law to deal with abuses;
- voted to lobby Congress and states to eliminate mandatory minimum sentences;
- approved a resolution that addressed the legal status of human clones.
Monday, August 09, 2004
Attorney Web Sites – The Legal Writer
Online Tool for Puzzling Legal Abbreviations
You can search by abbreviation to find the full title of the publication or by title to find its preferred abbreviation. It is also possible to possible to search from abbreviation to title using only a part of an abbreviation, or from title to abbreviation using any words (not just the first word) which appear in the title.
Attorney Blawgs - The Indiana Law Blog
My only complaint is the use of the headline “Indiana Decisions” for postings on 7th Circuit cases. While it is true that 7th Cir. decisions are binding precedent in all federal courts within the 7th Cir., and in that sense they are “Indiana Decisions,” they are also binding precedent in federal courts in Wisconsin and Illinois. Use of a headline that appears to limit the scope of a posting to Indiana might cause someone interested in 7th Cir. decisions to skip over that posting.
But choice of headline is a small complaint, considering the value of the information provided. Check it out for yourself.
Sunday, August 08, 2004
Do Customer Loyalty Cards Create a Retailer’s Duty to Warn?
In exchange for giving up information about themselves, customers usually get discounts in the store and personalized advertisements and offers in the mail. Should consumers expect more from the retailer? A lawsuit in a Washington state court says they should. Jill Crowson has sued the grocery chain, Quality Food Center (QFC), for failure to warn her family, which QFC could have done using information it had gathered with its loyalty card program, when ground beef the Crowsen’s had purchased was recalled in December's mad-cow scare.
For more information on the issues raised by this lawsuit, see Anita Ramasastry’s article, Do Stores That Offer Loyalty Cards Have a Duty to Notify Customers of Product Safety Recalls? on Findlaw’s Writ at http://writ.news.findlaw.com/.
Friday, August 06, 2004
A Few Problems That Get in the Way of Good Writing
Attorney Blawgs – I/P Updates
Research Tip – Searching Is Not Research
The Virtual Chase’s revised and expanded section on Evaluating the Quality of Information on the Internet can help you to evaluate online information. The site includes easy-to-use checklists on quality criteria, evaluation strategies, and anecdotal evidence of bad information found on the Internet.
For other helpful sites, visit the SIU Law Library’s page on Evaluating and Rating Web Sites and Other Information Resources.
Thursday, August 05, 2004
What Is a Blog?
Thanks to Stephen M. Nipper, The Invent Blog.
Failure of High Tech Court Recorder May Lead to New Trial
Source: WisBlawg
Wednesday, August 04, 2004
Praise for Topix.Net News Site
Attorney Blawgs - SIU Law Alum Has Patent Law Blog
Do you know of any other Southern Illinois University Law Alumni who have blogs? Let us know at llibweb@siu.edu.
Tuesday, August 03, 2004
About Law Dawg Blawg
First, we should explain the name. A weblog, or blog for short, is like an online journal. It is frequently updated with short items of interest to the bloggers. Blawg is a term used to describe a law-related blog. Dawg comes from the fact that the mascot of Southern Illinois University at Carbondale is the saluki, a breed of dog. And Law, because our intended audience is the law school community.
Salukis were the royal dog of Egypt and are believed to be the oldest known distinct breed of dog. Southern Illinois has long been referred to as "Egypt." According to Baker Brownell in The Other Illinois, "Although the legend probably was invented after the fact, it is persistent. There was a drought in the northern counties (of Illinois) in the early 1800's . . . the wheat fields dried up, the streams died in their beds. But in southern Illinois rain fell and there were good crops, and from the north came people seeking corn and wheat as to Egypt of old. Thus, the name ‘Egypt.’" See also Tales and Songs of Southern Illinois by Charles Neely. For more information on the Saluki breed, see what the American Kennel Club has to say; for a more extensive discussion of SIUC’s mascot, see What the Hell is a Saluki?
We will be posting items on the following topics: Research Tips; Writing Tips; Web Sites for Legal Researchers; Blawgs; News Related to Law, Law Schools, and Legal Education; Warnings about Viruses and Scams; Legal & Library Miscellany; and Library Announcements.
We have ATOM and XML feeds for those wishing to subscribe using a blog aggregator or reader such as Bloglines. After you sign up for a free Bloglines account at http://www.bloglines.com and log in, right click on the ATOM or XML link above or toward the bottom of the Law Dawg Blawg sidebar and choose "Copy Shortcut" from the menu that pops up. In Bloglines, click on the My Feeds tab in the left frame, then click on "Add" right below the tab. Right click in the "URL" box that comes up in the right frame, then click the Subscribe button. On the next screen choose the options you want and click "Subscribe" again. That's all there is to it.
To avoid the problem of comment spam, we have made this a moderated blog. If you want to suggest something for inclusion or want to comment on this blawg, e-mail us at llibweb@siu.edu. For more information about our law library, visit the Southern Illinois University School of Law Library site.
Monday, August 02, 2004
U.S. Supreme Court Grants Review of Sentencing Guidelines
When the Supreme Court struck down the state of Washington's sentencing guidelines in Blakely v. Washington (6/24/2004), it left unanswered Constitutional questions about the federal Sentencing Guidelines. Now the Court has granted the Solicitor General's petitions for certiorari in U.S. v. Booker, 04-104, and U.S. v. Fanfan, 04-105, to consider "Whether the Sixth Amendment is violated by the imposition of an enhanced sentence under the United States Sentencing Guidelines based on the sentencing judge’s determination of a fact (other than a prior conviction) that was not found by the jury or admitted by the defendant."The Court ordered expedited briefing, and the cases are set for oral argument on Monday, Oct. 4, the first day of the new term.
Read commentary on the Supreme Court's granting these two petitions by SCOTUSBlog, law.com, and Sentencing Law and Policy. See SCOTUSBlog analysis and Sentencing Law and Policy analysis for background on the Blakely decision itself.
Research Tip - Don't Get Caught Without a Search Engine
Don't let this happen to you! As researchers, you should not fall into the trap of relying on only one search engine. Different engines perform different searches better. No one search engine database covers all the information available on the web - in fact, none of them covers even half the web. And you never know when your favorite search engine might be down for a couple of days, or get sold and disappear forever.
A couple of good search engines to add to your research tool box are Teoma and Vivísimo. Click to read more ->
Teoma returns search results based upon their authority. Besides relevant web page Results, Teoma displays suggestions to narrow or Refine your search and the Resources of link collections from experts and enthusiasts.
Vivísimo is a clustering engine, which clusters or sorts your search results into categories. Besides a general search, Vivísimo has several special searches of news topics and individual news sites; other search engines and directories; eBay and government sites - including FirstGov, PubMed and USDA.
To find a specialized search engines, see our page on Legal Search Engines, Directories, and Other Research Tools, or try one of these directories of search engines: GeniusFind and Beaucoup.
If you have a favorite legal research tool we haven't mentioned, please email us at llibweb@siu.edu.