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The May / June issue of the Faculty Current Awareness Bulletin is now available. The Bulletin is published six times a year and provides information on upcoming conferences and symposia, calls for papers, and useful research and Library news.

Last night on 60 Minutes (April 27, 2008), Justice Scalia was interviewed by Lesley Stahl. If you missed it, you may want to see the video of the interview for a number of unexpectedly candid statements on both his personal life and his work.

Justice Scalia also discussed his new book, Making Your Case: The Art of Persuading Judges (St. Paul: West Group, 2008, ISBN 0314184716 ). Scalia's co-author is Bryan A. Garner, the Editor-in-Chief of Black’s Law Dictionary, as well as other titles on language and law. The Law Library has Making Your Case: The Art of Persuading Judges on order.

Despite a $7 billion capital infusion, National City's troubles are far from over. Since the first of the year, shareholders and employees have been filing lawsuits against the company in the Federal District Court, Northern District of Ohio. The lawsuits are of three different types: (1) A securities class action, alleging that the company issued false and misleading financial statements. (2) Shareholder derivative suits filed by representatives of the company on behalf of the shareholders, asserting that executives harmed the company. These suits are more about seeking corporate reforms than recovering money. (3) Suits by employees claiming that company executives violated their duties as pension plan fiduciaries by misleading employees as to the financial strength of the company.

The suits are consolidated under National City Corporation Securities, Derivative & ERISA Litigation, Case No. 1:2008cv07000, before Judge Patricia A. Gaughan. For a copy of the docket, current as of this morning, see natlcitydocket.pdf . More information on the case can be obtained via the court's ECF system, with a PACER account.

Source: Jay Miller, Lawsuits Still Nat City Thorn Crain's Cleveland Business, Apr. 28, 2008 (available from their site with password - password available at the reference desk. Will soon be available on LexisNexis).

On May 3rd, the Convention on the Rights of Persons with Disabilities will enter into force, joining the ranks of the now eight core U.N. international human rights instruments [full list of instruments here]. The purpose of the treaty is to “protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity” (Article 1).

Some of the rights protected in the treaty include:

• Freedom from exploitation, violence and abuse (Article 16)
• Right to respect physical and mental integrity (Article 17)
• Freedom of expression and opinion (Article 21)
• Respect for privacy (Article 22)
• Right to adequate standard of living (Article 28)

The Convention also includes an Optional Protocol, which establishes a system that allows individuals with complaints of violations under the Convention to lodge ‘communications’ with a monitoring Committee.

The U.S. has not signed the Convention – no surprises there. The State Department's position statement on the Convention explains why. See this map to find out which countries are State Parties or signatories.

The United Nations Enable page provides details on development, history and news about the new Convention.

Congress is close to passing milestone legislation concerning genetic bias and employment discrimination known as GINA, Genetic Information Nondiscrimination Act. The Senate voted unanimously last week to pass the bill and the same is expected in the House this week. The bill, H.R. 493, bars insurance companies from denying coverage or charging higher premiums due to an individuals' genetic information. Employers are also barred from using genetic information in their hiring and firing practices. The bill applies to those who have the RISK of disease but do not already have it. For obvious reasons, employers are not pleased, even though anyone choosing to sue must first get approval from the Equal Employment Opportunity Commission. While insurers can not deny coverage due to genetic risks, rates for those seeking their own insurance coverage will still be determined by pre-existing health conditions.

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