H.R. 3221 Housing and Economic Recovery Act of 2008, signed Wed., July 30^th, Public Law 110-289, is now available - as Enrolled or Typeset

See NeighborWorks’ Summary of the new legislation and link to Senate Statement and summary .

From the President ‘s page: signing information “The Housing and Economic Recovery Act of 2008, which authorizes the Department of the Treasury to purchase obligations of housing Government Sponsored Enterprises (GSEs); reforms the regulatory supervision of the housing GSEs; provides reform of the Federal Housing Administration; provides homeownership assistance and reforms to mitigate recent increases in foreclosures; and contains housing-related tax incentives and other tax provisions.”

The Rhode Island Supreme Court overturned a verdict against Sherwin Williams, and other paint manufacturers, which was based on the theory that lead paint is a public nuisance. See State v. Lead Industries Association, Inc., et al, No. 04-63, Rhode Island Lead-Paint Verdict Against Sherwin-Williams Overturned, Peter Krause, The Plain Dealer, Jul. 2, 2008. For an analysis of the case, see Drug and Device Law blog.

The Ohio Attorney General and several Ohio cities filed similar suits against paint manufacturers in Ohio courts. See Ohio Sues Lead Paint Manufacturers, Cleveland Law Library Blog, After these suits were filed, the Ohio legislature passed a law prohibiting public nuisance suits against manufacturers for products liability claims. Am. Sub. SB 117. You may recall that a veto of this bill by Governor Strickland was challenged in court, and the veto was held invalid. See State ex rel. Ohio Gen. Assembly v. Brunner (Aug. 1, 2007), 114 Ohio St. 3d 386, 2007-Ohio-3780.

Chances are, you’ve probably heard about the issue of sonar and its effect on whale populations [for overview, see video clip narrated by Pierce Brosnan].

The Supreme Court [docket] has recently stepped in and agreed to hear a case on the Navy’s use of sonar for military training exercises off the coast of Southern California. Earlier, the Ninth Court of Appeals upheld a trial court order to suspend or minimize the Navy’s use of sonar when whales are in the vicinity [Natural Resources Defense Council v. Winter, 518 F.3d 658; 2008 U.S. App. LEXIS 4504; 38 ELR 20057 (2008)]. Now the Supreme Court will review that decision this fall term.

For more information, read the NYT article, “Justices Take Case on Navy Use of Sonar.”

Blog tip: IntLawGrrls – Do whales have standing? Ask the Supremes…

Back in February, New York City street musician Robert Burck, known as the Naked Cowboy, filed a lawsuit against Mars, Inc. for outfitting an M & M character in his signature gear (guitar, cowboy hat & boots and briefs) in a video shown in Times Square. Yesterday, Judge Denny Chin granted the motion, filed by the defense, to dismiss the Naked Cowboy's right to privacy claim. However, the Judge denied the defense motion to dismiss the Naked Cowboys' claim of false endorsement. The Judge found that Mars' advertisments could infer the Naked Cowboy endorses their candy. More legal haggling to be done this summer.

See our previous post,
Naked Cowboy Sues for Trademark Infringement

I'm sure some of you have read a story about a college dropping letter grades all together. The most recent school to start this trend is Stanford Law. While this may be good for the Jon Elias or Maurice Clarett's of the world, it does bring up some issues of interest. Issues of interest, hey that sounds pretty good. The best, and maybe the worst, part of the article is that students at Stanford Law will now receive a four course meal of grades.

Honors = Super intelligence
Pass = I'm still smarter than most people
Restricted Credit = Hey at least I didn't fail
No Credit = Thanks a lot Sam Adams, you ruined my semester...again

Read the entire article and then talk amongst yourselves. I now have to go argue that the Indians shouldn't trade C.C. just yet. Hey, they are only 5 and a half games out of first!

FCC Chairman, Kevin Martin, recommended approval of the merger between satellite radio companies, Sirius & XM, but not without stipulations. Both companies have agreed to a price freeze for 3 years and a tiered pricing system that allows flexibility for customers while choosing their channels. They have also agreed to set aside 8% of their channels for non-commercial and minority broadcasters, and also agreed to allow other radio manufacturers to sell compatible radios. While the FCC Chair has approved the merger, he still needs the support of two of the remaining four members of the commission. Many believe he will get that support.

Please see our previous post...Are You Sirius?

At 9:30 a.m. at CSU’s Cole Center, 3100 Chester Ave., the U.S. House Subcommittee on Housing and Community Opportunity of the House Committee on Financial Services, holds a hearing “Foreclosure Problems and Solutions: Federal, State, and Local Efforts to Address the Foreclosure Crisis in Ohio.” Here is information including the list of panelists.

The Cleveland Marshall College of Law Community is saddened by the passing of our alumnus, Tim Russert (Class of 1976). Mr. Russert served on the National Advisory Council for the school. We were honored to have Mr. Russert as a commencement speaker last year, where he urged the graduates to be conscientious lawyers and “foot soldiers of the law.” See Seelye, Katharine Q., NBC's Tim Russert Dies, The Caucus (NY Times Political Blog); NBC's Tim Russert Dead at 58, MSNBC.

Thanks to Jessica Matthewson for the articles.

Ohio amended its sexual offender registration laws to conform to the 2006 federal Adam Walsh Act. See 127th Gen Assembly, Senate Bill 10. and Senate Bill 97. The new law reclassified over 26,000 offenders, including juveniles, as sex offenders. See MacLean, Pamela A., Challenges Grow Over Sex Offender Laws, National Law Journal, June 9, 2008. The Ohio Adam Walsh Act is being challenged in a class action, Doe v. Dann, No. 1:2008cv00220 (N.D. Ohio). As reported on our Ohio Constitutional Law webpage, Cuyahoga County Common Pleas Court Judge Suster held that Ohio's Adam Walsh Act violates the retroactivity provisions of the Ohio and U.S. Constitutions. Evans v. State, Cuyahoga County Common Pleas Court Case No. CV-08 646797. One day before Judge Suster's opinion, the Eighth District Court of Appeals decided that Ohio's Adam Walsh Act does NOT violate the ex post facto clause of the U.S. Constitution. State v. Holloman-Cross (May 8, 2008), 2008-Ohio-2189.

 (More)

As posted earlier, the U.S. Fish and Wildlife Service listed polar bears as a threatened species under the Endangered Species Act following a three-year legal battle lead by conservationist groups. But the bears aren’t out of the courtroom yet – Alaska governor Sarah Palin has announced that the state of Alaska will file suit to challenge the threatened listing in the U.S. District Court for the District of Columbia, citing recent rebounds by polar populations in the state. Read about the move in the BNA Environment Reporter (subscription database) and in this earlier press release from Gov. Palin’s office.

The UK is considering tightening the reins of social networks, such as Facebook and MySpace. A study recently conducted asked if there should be tighter regulation of social networks. According to the Guardian, 89% of those polled said they want rules to prevent personal information from being abused. The PCC (Press Complaints Commission), which monitors internet and video content in the UK, warns people of the dangers of posting information online and of possible consequences when doing so.

The EU is also considering increased restrictions on social networks. Their internet security agency, ENISA, is expanding its legislation to cover photos taken then posted online. Both the UK and EU agencies believe people need to be educated on how these networks actually work and know that it is difficult to get information off the Internet once it is online.

So where, oh where is the US on this issue? Well, our legislation is geared more toward the safety of children, such as the Deleting Online Predators Act. This was later expanded to include social networks.

What are the ramifications of policing social networks? Any regulation enacted would affect the entire industry. While Facebook and MySpace are the giants in this field, there are smaller networks such as, Ning, which will be effected as well. These restrictions may also affect business type networks, such as Linkedin. In addition to affecting other networks, usage will be affected. People will use or not use these types of media if they know they are being watched or listened to, especially regarding personal matters.

What implications do you foresee for regulating social networks?

Google Health was launched today with some assistance from the Cleveland Clinic. Google Health provides users with one area to keep track of their medical information, including medications, allergies and more. Some eCleveland Clinic MyChart patients helped Google in testing the product. The data collected from these patients was anonymous.

Obviously, there are some privacy concerns. Google and other nonmedical providers are not subject to HIPAA. Plus, there is concern over consumers inadvertently sharing their information by not clicking disclosure boxes. However, advocates for Google Health believe that the site will provide overall better care for patients by giving them access to information wherever they may be in the world, tracking chronic conditions, scheduling doctor appointments online and allowing doctors to view patient records prior to their appointment.

Source: Cleveland.com Blog

The California Supreme Court has just affirmed the right to gay marriage, making it the second state, after Massachusetts, to extend the right. Read the decision here [In re Marriage Cases (No. S147999, Cal. May 15, 2008) 2008 Cal. LEXIS 5247] as well as news coverage in the 5/16/08 CNN.com, Adam Liptak article in the New York Times, and Robert Barnes and Ashley Surdin article in the Washington Post.

The U.S. Department of the Interior [press release], following the recommendation of the U.S. Fish and Wildlife Service, has announced the listing of polar bears as a threatened species under the Endangered Species Act. The decision came after a three-year legal battle and law suit brought by Greenpeace, the Center for Biological Diversity, and the Natural Resources Defense Council [links for individual press releases] against the two government agencies. If you’re interested in reading the case against Interior and Fish and Wildlife, the citation is 2008 U.S. Dist. LEXIS 34753.

On an ironic personal note, I happened to be watching the Golden Compass the same time the polar bear protection announcement was made. Iorek Byrnison, the armored ice bear, would be happy.

Professor John F. Duffy, of George Washington University School of Law, has discovered a defect in the appointment process of Patent Judges. These Judges have been appointed by a government official, who does not have the Constitutional power of appointment. Currently, 46 of the 74 Judges on the Patent Court have been appointed by this flawed process. This flaw could invalidate thousands of patent law decision by these courts. To read the NY Times article click here. To download Prof. Duffy's article click here.

This post is courtesy of Tim Woods, 2005 CM Alumni.

Happy Law Day, One And All!

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.

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.

According to an article in the Washington Post, new DNA tests are now able to detect the minutest details of a person. It's beyond determining whose blood is at a crime scene. They claim they can now tell the psychological state of a person and if there are biological factors that predispose them to violence, possibly leading to a "DNA defense". The DNA tests may also play a role in determining amounts awarded in civil cases based on life expectancy of the plaintiff.

DNA may explain why someone committed a crime, but it does not it excuse it. The tests will probably play a role in sentencing. While these tests are not admissible yet, they will raise some interesting challenges to the legal profession in the future.

So next you get pulled over, use the "DNA defense"..."But officer, according to my DNA, I have lead in my right foot...I can't help but speed"...Good Luck with that one!

Wednesday, the U.S. Supreme Court ruled that Kentucky's lethal injection method does not violate the 8th Amendment. Baze v. Rees, No. 07-5439 (Apr. 16, 2008). Ohio's lethal injection method is similar to Kentucky's. The Baze decision may resolve a federal lawsuit filed by Ohio death row inmates, claiming that Ohio's lethal injection method is unconstitutional. There is also a Lorain County case pending where the trial judge is determining whether the lethal injection process amounts to cruel and unusual punishment. Death penalty opponents argue that Baze does not address mistakes in the injection process that have prolonged executions. See Reginald Fields, Ohioans React to Lethal Injection Ruling , The Plain Dealer, Apr. 17, 2008, Alan Johnson, Lethal Injection Gets Go-Ahead Columbus Dispatch, Apr. 17, 2008. Reginald Fields, Supreme Court upholds Kentucky's Lethal Injection Process; Clears Way for Ohio to Move Forward with Executions.,Openers Political Blog.

For more information on the federal suit challenging Ohio's death penalty, see More Inmates Challenge Lethal Injection, Cleveland Law Library Blog.

See our prior post: Ohio Death Penalty News

Adjunct Professor Alan Rossman will speak about the case on Tuesday April 22, from noon to one, LB 202. The lunch presentation is open to the first 30 C-M students/faculty/staff who RSVP to Jason Grimes by Monday.

When nonprofits are filling out their Form 990's for 2008 using the new Final Form 990 and Schedules (announced Dec.20, 2007 – Release IR-2007-204) they will also have new Instructions!

The IRS has Announced that the Draft of the Instructions is open for comment, and that “Included…are special highlights indicating certain items … on which the IRS would especially like to receive public comments.” Anyone may comment, but must do so by June 1^st.

The Barbie Bandits have been sentenced . The NAACP is calling for an investigation into the racial bias of the sentences. ...

The Bandits were charged with bank robbery in February 2007. Two young Caucasian women casually walked up to a bank teller and asked for money. Two African American males were also involved, one masterminded the crime and the other was a bank teller. One female was given 10 years probation while the other received 2 years jail followed by 8 years probation. The male bank teller was sentenced to 5 years in prison. The mastermind behind the plan received a 10 year prison sentence. This gentleman currently is serving an unrelated 15 year sentence for drug trafficking.

These sentences have raised some questions. Why is there such a discrepancy in the sentences and what role does race play? Some things to consider...what charge did each individual receive and what factors must be considered under Georgia's sentencing laws (See Title 17, Chap. 10), especially concerning someone with a prior criminal record?

There’s a new museum about to open on April 11th in Washington, D.C., just blocks from the Capitol – it’s the Newseum, the interactive museum of news, and it looks like a great place to visit the next time in D.C.

But in the meantime, check out the Newseum’s online service, Today’s Front Pages. Here you can read for free the unedited front page of hundreds of newspapers from around the country and around the world. You might even find your hometown rag.

Thanks to Georgetown Law Library's Due Process Blog for the tip.

Kenneth Kress, a former University of Iowa Law Professor, has been suspended from the practice of law for altering his students’ course evaluations. Mr. Kress altered 3 course evaluations in hopes of raising his teaching effectiveness rating to obtain faculty rank. Mr. Kress has been diagnosed as bi-polar, and he suffers from diabetes. Mr. Kress claimed he was suffering from a psychotic episode due to his bi-polar disorder and diabetes. The Iowa Supreme Court conceded this may have impeded his judgment, but not to the level necessary to impair the requisite intent necessary to falsify the evaluations. The Supreme Court of Iowa suspended him from the practice of law for at least 3 months.

If you would like to read a brief news report of this story, the ABA/BNA Lawyer’s Manual on Professional Conduct provides a quick review.

Additionally, the full text of the decision is also available from the Iowa Supreme Court.

More interesting than the annual U.S. News and World Report law school rankings is the constant controversy surrounding them. See Joe Hodnicki’s US News Law School Rankings: Why March Madness Started Early This Year in the Legal Academy for a great summary of 2008’s issues. And, see The Rankings Czar, the ABA Journal cover story interview with Bob Morse, creator of the US News ranking system. Leaks notwithstanding, the rankings will be officially released tomorrow.

Here's a fun way to stay informed on issues the American Civil Liberties Union is involved with, from banned books to racial profiling.. Check out Civil Discourse, a biweekly comic from the ACLU. Click on the Learn More link above each comic to find out about legal cases and current news.

Vault has entered the foray of law school rankings. In their Top 25 Law School rankings, they surveyed 100 hiring partners, associate interviewers and recruiters from big firms across the country on which law schools best prepare their students for the law firm environment. Among other things, the people surveyed were asked to consider: research and writing skills, knowledge pertaining to practice areas and knowledge of legal doctrine. Abovethelaw.com compares Vault's rankings with the 2007 ranking of US News & World Report.

The Justice Department approved the merger of satellite radio networks, XM and Sirius, making way for what some say is a de facto monopoly on satellite radio services. The Antitrust Division of the Justice Department does not believe that the merger would hurt consumers' price-wise or create a monopoly. They suggest other alternatives, such as iPod and HD radio, as other viable options for consumers. The FCC still has to hand down their decision on the matter. Some consumer groups and Democratic politicians are opposed to the merger, stating that the merger in fact creates a satellite monopoly. Check out this post on the BetaNews blog.

What motivates your vote? National Public Radio and Public Media are interested in just that. Get My Vote is an on line space for one to express how certain issues and personal experiences have shaped how they vote. Once you register, you may upload a video, audio or text clip. Selected posts will be broadcast on NPR radio or TV. See what legal issues are of concern to your fellow citizens, from FDA regulation to immigration.

This post is courtesy of Schuyler Cook:

For the first time, you can listen to an oral argument, not live, but immediately after it occurs. At 11:30 a.m. today, C-SPAN will broadcast the oral argument in District of Columbia v. Heller, Case No. 07-290. C-SPAN Press Release . The issue is whether the Second Amendment forbids the District of Columbia from banning private possession of handguns while allowing possession of rifles and shotguns. See article about the case, BNA Summary.

Some podcasts of prior oral arguments are available via CSPAN and Oyez. Argument transcripts are available on the Supreme Court website.

The Fake Bad Scale is a 43 question test which aims to identify people faking physical pain or emotional distress. The test was added to the Minnesota Multiphasic Personality Inventory (MMPI) last year, and is being used by experts in personal injury cases. An American Psychological Association panel found that the test was not supported by good research. Two Florida State Court cases held that the tests were not admissible evidence. David Armstrong, Malingerer Test Roils Personal Injury Law, The Wall Street Journal, Mar. 5, 2008; Debra Cassens Weiss, Test to Spot Liars Takes Center Stage in Personal Injury CasesABA Journal, Mar. 5, 2008; Dan Slater, Test for Malingerers Comes Under Fire,Wall Street Journal Law Blog, Mar. 5, 2008.

No, the IRS is not only interested in dollar amounts. As noted in the March 11, 2008 U.S. Law Week (vol. 76, no. 34, p. 2539 (available to CSU users remotely with a Scholar PIN) the IRS has recently issued Governance and Related Topics – 501(c)(3) Organizations.

Given the IRS’s belief that “a well-governed charity is more likely to obey the tax laws, safeguard charitable assets, and serve charitable interests than one with poor or lax governance,” this document includes sections related to Mission, Organizational Documents, Governing Body, Governance and Management Policies, Financial Statements and Form 990 Reporting, and Transparency and Accountability. It replaces the Feb. 2007 Discussion Draft, and includes references to the new 2008 Form 990.

For a “Summary of Redesigned Form 990” including the various schedules, see Bruce R. Hopkins’ Nonprofit Counsel (Vol. 25, No. 3, p.3, March 2008 - available via OhioLINK’s Electronic Journal Center 2003-present.)

Additional information resources for nonprofits are listed in the Law Library’s Nonprofit Law Resource Guide.

The Subprime Primer is an entertaining slide show which makes the basics of the subprime crisis clear. Thanks to Ernie the Attorney and the Law Librarian Blog.

There are several new resources related to this critical issue area that you may find useful:

SUBPRIME-FILING. Use this to retrieve selected trial court filings from both federal and state courts.

Earlier this month the Ohio Supreme Court announced that it has made available to Ohio courts a Foreclosure Mediation Program.

To gain a better perspective on impact related to Cleveland and Cuyahoga County, the CWRU Mandel School of Applied Social Sciences, Center on Urban Poverty and Community Development has issued Foreclosure and Beyond - A Report on Ownership and Housing Values Following Sheriff’s Sales, Cleveland and Cuyahoga County, 2000-2007 by Claudia Coulton, Kristen Mikelbank & Michael Schramm.

see U.S. General Accountability Office Report - GAO-08-78R (October 16, 2007,) Information on Recent Default and Foreclosure Trends for Home Mortgages and Associated Economic and Market Developments

<While this issue area was not his main focus, you may also want to listen to remarks by the U.S. Secretary of HUD, Alphonso Jackson, Feb. 22 at the City Club of Cleveland. A podcast of his remarks is available for listening or downloading. (Aside - you can check the list of available podcasts of City Club speakers at Podcasts. Need more info about City Club podcasts? Click here )

Cornell’s Legal Information Institute (LII) reports that the Internal Revenue Service has asked permission to use LII’s version of Title 26 as part of the IRS’ own Tax Products CD/DVD package, distributed to tax preparers, members of Congress, free tax clinics, libraries, IRS officers and others. According to LII, The IRS prefers LII’s version of the tax laws because it is more current and easier to use than the government’s own U.S. Code available from the Government Printing Office’s web site. To make the comparison, see the online version of LII’s Title 26 , and the “How Current Is This” table showing updates through February 19. Then go do your taxes!

The IRS provides numerous free email newsletters that range from tax tips during tax season to year round news for tax professionals. (Thanks to Karen Zima for the tip) For current tax law news, including news on how the economic stimulus package will affect 2007 tax filings and rebates, see A Taxing Matter blog by tax professor Linda Beale. Don't forget that the IRS webpage also has all the current tax forms and instructional publications. For links to states' tax forms, try The Tax Foundation.

According to reports in the Wall Street Journal Law Blog and the Washington Post, the NFL will permit churches to host big-screen viewings of the Super Bowl, beginning with next year’s game, bowing to Congressional pressure in the form of S. 2591, introduced on February 4, by Senator Arlen Specter. The bill would provide a copyright exemption to certain nonprofit organizations for displays of

“a performance of a professional football contest intended to be received by the general public, originated by a radio or television broadcast station licensed as such by the Federal Communications Commission, or if an audiovisual transmission, by a cable system or satellite radio, if `(i) no direct charge is made to see or hear the transmission or retransmission;`(ii) during the communication no money is accepted or received by the organization; and`(iii) the transmission or retransmission is not further retransmitted by the establishment where the transmission or retransmission is received.”

See prior post. Amen.

Times Square street musician the Naked Cowboy sued M&M Mars Inc. for trademark infringement (Lanham Act). The suit is based on a commercial where a blue M&M is dressed in briefs, cowboy boots and a cowboy hat, and is playing a guitar in Times Square. Dan Slater,Naked Cowboy's Lawsuit Drives M&M Outta Dodge The Wall Street Journal Law Blog, Feb. 15, 2008. Justia Dockets provides free basic information on the case, as well as a link to the PACER federal court docket. A Boolean search of the trademark registration database, TESS , for owner name = "Burck, Robert John" yields two registered trademarks.

Cleveland Marshall's Democratic Law Organization (D-LO) held a very informative presentation today highlighting the similarities and differences between presidential candidates Hillary Clinton and Barack Obama. For those who missed it, check out D-LO's powerpoint presentation. At the end of the presentation, links for more information are provided. There are links such as 2decide.com ,an independent source with information on both Democrat and Republican candidates.

Professor S. Candice Hoke spoke concerning how you can make sure your vote counts. One suggestion for absentee ballots was to find out how your signature is registered at the Board of Elections. For example, you may use your initial or spell out your first name. If the signature on your absentee ballot does not match the signature on file with the Board of Elections, your ballot can be rejected.

You may also want to look at Judge4Yourself.com ,which has ratings of the candidates for judicial office running in the 2008 contested Democratic primaries. (All the Republican candidates for judicial office have no opposition) Local bar associations surveyed their members to obtain the ratings.

Check out this fantastic collection of historical photos posted by the Library of Congress to Flickr. LC invites Flickr fans to post tags and comments about the photos and plenty of folks already have. Law-related photos include these of the U.S Supreme Court building here, and here.

If you think your interview did not go well, listen to this one: Two attorneys set up fake interviews to pump a former judicial clerk for information on the possible bias of the judge. Using fake identities, they interviewed the clerk for an in-house counsel position at a fictitious multinational corporation. (Could research on the company have revealed the sham?) When the interview did not yield the information the lawyers hoped, they used a tape of the interview to threaten the former law clerk into making a sworn statement against the judge. During the interview, the law clerk disclosed that he had submitted a character letter in his bar application written by someone who did not know him. Besides the threats, the attorneys conducted surveillance of the law clerk after the interviews.

The attorneys who conducted the fake interviews were disbarred. Sheri Qualters, Two Lawyers Disbarred for Plot to Dupe Former Law ClerkNational Law Journal, Feb. 8, 2008; In the Matter of Kevin P. Curry, No. SJC-09904 (Mass.), In the Matter of Gary C. Crossen, No. SJC-09905 (Mass.)

An article in the Columbus Dispatch reports that the National Football League is holding to its position that copyright law prohibits church congregations from showing the Super Bowl game at church parties on screens larger than 55 inches. The crack-down on such church parties in 2007 inspired some commentary on legal blogs (see Is My Super Bowl Party Legal?: How to Watch the Game Without Breaking the Law” and Info/Law on Super Bowl Sunday ) that could provide some interesting fodder for pregame discussion on February 3, if just to give you an excuse to put the books down and watch the game.

Once you’ve digested the copyright issues, take a look at the trademark implications of saying the phrase “Super Bowl” according to this 2004 NFL Document Broadcasts and Promotions Related to Super Bowl XXXVIII.

In a feature called "Laugh-in at the Supreme Court", the Wall Street Journal Law Blog reprints excerpts from recent U.S. Supreme Court oral arguments which generated courtroom laughs. The most recent "Laugh-in" involves an exchange between Scalia and an attorney for the State of Virginia on the topic of federalism. Peter Lattman, The Law Blog's Laugh-in at the Supreme Courts: Wow, Jan. 15, 2007. The case being argued was Virginia v. Moore, docket no. 06-1082, which involves a search and seizure issue.

An earlier "Laugh-in" post cites a study which found that Justice Scalia got the most laughs during oral arguments. Peter Lattman, Scalia is still the Funniest Justice(and Thomas, the Least),Nov. 13, 2007.

Many of the C-M Law faculty and administration are away in New York City attending the Association of American Law School's (AALS) annual meeting.

And in some of the sessions, they're learning about connecting with Millennials and the decline in diversity in law schools. In Generation Gaps and Racial Disparities Draw Concern at Meeting of Law-School Officials in today's Chronicle of Higher Eduction, Katherine Mangan reports on the merits and flaws of law school Millennials and on the steady decline in law school diversity. On the diversity front, she notes this website at Columbia that pinpoints the declining enrollment of African Americans and Mexican Americans despite steady application numbers, improving application quality and increasing law school class size and total number of law schools.

Thanks to changes in the Federal Rules of Civil Procedure concerning the discovery of electronically stored information ("ESI"), 2007 was supposed to be the year that changed everything in litigation.

But was it? LLRX's recent article by Conrad J. Jacoby, E-Discovery Update: A Contrarian Retrospective On E-Discovery In 2007" takes a second look at e-discovery and hints at what 2008 could bring.

There are so many obstacles a law student needs to overcome on the road to becoming a lawyer: one which may seem insurmountable is a history of treatment for alcohol or drug abuse, mental illness or similar disability, which might effect the applicant’s fitness for practice under review by state bar commissioners. At its February Midwinter meeting the American Bar Association will consider a Model Rule on Conditional Admission to Practice Law, which would permit a state's board of bar examiners to authorize conditional bar admission to applicants with prior mental health or substance abuse problems if they agree to undergo supervised care or monitoring for a period of up to two years. The language of the proposed rule, as reported in the ABA/BNA Lawyer’s Manual of Professional Conduct follows:

"1. Conditional Admission. An applicant who currently satisfies all essential eligibility requirements for admission to practice law, including fitness requirements, and who possesses the requisite good moral character required for admission, may be conditionally admitted to the practice of law if the applicant demonstrates