... curiae of Federal Public Defender for District Court of Oregon (in support of petitioners) Brief amicus curiae of American Civil Liberties Union (in support of petitioners) Brief amici curiae of Association of the Bar of the City of New York, et al. (in support ... during a bankruptcy case and in holding that a creditor's claim against a bankruptcy estate arises only when the creditor's right to payment accrues under state law. Opinion below (6th Circuit) Petition for certiorari Brief in opposition ...
June 18, 2009 05:19 pm
... as to whether our judiciary is today able to fulfill its constitutional mission, that is, to ensure that the rule of law prevails -- particularly in the face of perceived crisis." The Chrysler bankruptcy raises the question -- what exactly would it take for the courts to step up and say ... rule of law in this country was some massive terrorist attack that would lead to civil liberties getting tossed out the window. Now I think its some economic emergency and politicians trying to make the most of ...
June 10, 2009 06:36 am

New Jersey Law Journal: News Briefs June 9, 2009

(New York Supreme Court Criminal Term Library Blog)
... other municipalities. The bill, which enjoys wide support, is opposed by the American Civil Liberties Union of New Jersey and the state Public Defender's Office." COURT ... in one and heard argument earlier this year in the other." COURT TO WEIGH CONSTITUTIONALITY OF BANKRUPTCY REFORM ACT "The U.S. Supreme Court has agreed to resolve a long- ... person is contemplating bankruptcy.' The case, U.S. v. Milavetz, Gallop & Milavetz, involves an Edina, Minn., plaintiffs' firm." New Jersey Law Journal® P. ...
June 9, 2009 01:27 am

New York Law Journal: Decisions of Interest June 5, 2009

(New York Supreme Court Criminal Term Library Blog)
... 's Assets To Italy's Fiat Under Bankruptcy Code §363 In re Chrysler LLC NEW YORK COUNTY Business Law Plaintiffs Entitled to Discovery to Ascertain If Factors ... Country Renders Guardianship Impractical Matter of P.V. KINGS COUNTY Landlord/Tenant Law Predicate For Termination of Tenancy No Longer Exists as Vacate Order Rescinded by DHPD Sirju ... Law Barring Production of Documents Sought In re: Vivendi Universal S.A. Sec. Lit. (Liberty Media Corp. v. Vivendi Universal S.A.) U.S. DISTRICT COURT SOUTHERN ...
June 5, 2009 01:11 am
... ; United States v. Milavetz, Gallop, & Milavetz, P.A., et al. Issue: Whether an attorney who provides bankruptcy assistance to an assisted person in return for valuable consideration, and who does not fall within one of the five exceptions, ... certiorari Brief in opposition Brief in opposition (federal respondents) Petitioner's reply Brief amicus curiae of Religious Liberty Law Scholars (in support of petitioners) Brief amicus curiae of The Friends Committee on National Legislation et al. (in ...
May 30, 2009 12:29 pm
... s Three Pence, 9 Nevada Law Journal 32-62 (2008). Gene R. Nichol, Establishing Inequality, (Reviewing Martha C. Nussbaum, Liberty of Conscience: In Defense of America's Tradition of Religious Equality.) 107 Michigan Law Review 913-930 (2009). Bishop Thomas J.Paprocki, Address. Annual Meeting of the National Diocesan Attorneys Association, As the Pendulum Swings from Charitable Immunity to Bankruptcy, Bringing It to Rest with Charitable Viability, ...
May 11, 2009 12:10 am
... is rights-based: people have a right, it is sometimes said, to do what they like with their private property. The bankruptcy of this justification became clear during the debate over the Civil Rights Act of 1964, which then-presidential candidate Barry Goldwater opposed on libertarian grounds. The Civil Rights Act is not an invasion of our precious liberties. On the contrary, it diminishes the amount of oppression in the world. The idea of private property is not as sacrosanct as it once was, ...
May 7, 2009 07:56 am

Dick Durbin Derailed--Again

(Bank Lawyer's Blog)
... , last week's destruction of Senator Dick Durbin's amendment to allow bankruptcy judges to cram down the value of residential real estate loans to the fair market ... an existing mortgage for a primary residence. It would remove an oddity in current bankruptcy law: Judges handling bankruptcy cases can already reduce the principal -- and thus the size of ... always next week, next month, next year. "No man's life, liberty, or property are safe while the legislature is in session." Gideon J. Tucker, 1866. ...
May 3, 2009 07:41 pm
... must reduce the growing premiums and other costs American citizens and businesses pay for health care. People must be protected from bankruptcy due to catastrophic illness." The word "premiums" is misleading because it denotes that there is such a thing as health insurance. The truth ... The HMO's use it in their advertising to attract customers. It's effective because we Americans prize personal liberty above all else. It's a way of sugar coating nasty tasting medicine to get us to swallow it. The ...
May 1, 2009 02:43 pm

Selections from National Law Journal Daily Headlines March 6, 2009

(New York Supreme Court Criminal Term Library Blog)
... a total of 1,117,771 - an increase of 31% over 2007, according to the Administrative Office of the U.S. Courts. Bankruptcy filings hit an historic high in 2005 when more than 2 million were filed, a number of which sought to ... , others support execs' right to challenge workplace searches "The Association of Corporate Counsel, the National Chamber of Commerce and civil liberties groups have called for the 9th U.S. Circuit Court of Appeals to reconsider a February decision curtailing the rights of ...
March 6, 2009 02:05 am
Symposium by the NYU Journal of Law & Liberty Date: Friday, March 2, 2009Time: 9 a.m.-4 p.m.Location: New York University School of Law, Vanderbilt Hall.Free and open to the public You can access the flyer here.
February 23, 2009 07:42 am
... the stock market is dropping, jobs are vanishing and some of the nation's once-iconic corporations face possible bankruptcy. The question many continue asking is, "Given the larger economic challenges, will this work?" The Globe article cited above also quotes Nicolas Retsinas, ... working beside Dad for the day as we sold all sorts of things to help us get by. A cheese pizza at the Liberty, a small pub Mom was waitressing at. Fishing. Going to a single Red Sox game in Fenway Park. Our family trip ...
February 22, 2009 02:53 pm

LAW.COM Newswire Highlights February 4, 2009

(New York Supreme Court Criminal Term Library Blog)
... Geithner reportedly promising to attach more strings to federal bailout money, Am Law Daily decided to speak to some of the lawyers advising the dozens of financial institutions keen ... LLP, leased more than 100,000 square feet. In moving to compel the bankruptcy trustee to pay $2.1 million, the building's landlord noted that the firm ... Suit Has Web World Buzzing The National Law Journal A battery of lawyers for Internet businesses, domain registrars, civil liberties groups and others have engaged ...
February 4, 2009 12:20 am
... harass claim; failure to file sex harass complaint was reasonable >> Tobin v. Liberty Mut. Ins. Co., No. 07-1764, 07-1765 1st Cir. Jan. 23, ... target of EEOC charge of racist, sexist and homophobic discrim >> SETTLED · Bankruptcy judge allows $250K to settle fem's claim that she was victim of sex harass at ... in 2008> White House >> Obama wants retooling of workplace discrimination laws Workplace >> Handling Employee Terminations in Turbulent Times: Part I, Part II >& ...
February 3, 2009 04:00 am

Current Reading: Finance

(Underbelly: A Journal of Soft Information)
... is for him (her). Niall Ferguson's The Ascent of Money, I wrote about earlier. I got snide with him for getting confused about bankruptcy but then I conceded that the book was, overall, quite an excellent general over view of a long and complicated history. ... to prevent such meetings, by any law which either could be executed, or would be consistent with liberty and jus-tice. But though the law cannot hinder people of the same trade from sometimes assembling together, it ought to do nothing to ...
January 16, 2009 11:08 am

I Was The State, Does That Help Me Defend You?

(Dallas Criminal Defense Lawyer Blog)
... are making the community safer. Out of this hope was borne the classic State's closing argument- the plea for law enforcement. It's an easy story to sell jurors. Just convict this defendant and we are all safer. As a defense attorney freedom, liberty, redemption, and forgiveness are ... a case. The possibility is there. A lifelong ADA would have a better chance than a PI/Bankruptcy lawyer. However, only years of zealous defense advocacy can make one a better defense attorney ...
December 10, 2008 04:05 pm
... has four elements: (a) A constitutional democratic political regime, with the fair value of the political liberties. (b) A system of free competitive markets, ensured by law as necessary. (c) A scheme of worker-owned business, or, in part, also ... that a socialist renewal can take place in the future, much as the original social-democratic compromise itself arose out of the bankruptcy of Karl Kautsky's Marxism." "I would not...use the phrase 'market socialism'...since it implies that what defines ...
December 9, 2008 11:39 pm

Legal News - LexBlogosphere: 12/8/09

(Real Lawyers :: Have Blogs)
... Remains - The blogging lawyers and attorneys at Sheppard Mullin on their Intellectual Property Law Blog First Federal Court Decision to Uphold "Termination" Based on MySpace Content ... Blog The Tribune Company Free Falls Into Bankruptcy - Chicago lawyer Steve Jakubowski of The Coleman Law Firm on the The Bankruptcy Law Blog Pre-existing conditions are for the most ... amp; Brady on the firm's E-Discovery Bytes The Long Arm Of The Law! You Can't Sue Me There! I'm Here! Continued! - Minneapolis attorney ...
December 9, 2008 03:58 am

To Every Day, Spin, Spin, Spin

(Bank Lawyer's Blog)
... that the right to a loan modification is a self-evident truth. Perhaps it's all wrapped up with the right to "life, liberty and the pursuit of happiness." Finally, watch the clip of Nancy Pelosi at the end, who also praises the pants off of Ms. Bair, and also indicates that the Democrats have not given up their desire to give bankruptcy judges the right to write down principal balances of residential mortgage loans and to rewrite their terms. She alleges that what every ...
October 27, 2008 02:46 am

Summary 2008 WY 122

(Law Library Letter)
Summary of Decision issued October 9, 2008 Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court. Case Name: Catamount Construction v. Timmis Enterprises Citation: 2008 WY ... to maintain its suit because it was defunct as the result of bankruptcy. The district court granted the subcontractors' motions. Standing: One of the primary cases that the district court relied upon in reaching its decision was Liberty Trust Co. Employees Profit Sharing Trust v. ...
October 9, 2008 10:44 am
 
 

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