United States Law Week: Index-Summary

CAA (CLEAN AIR ACT)

See AIR POLLUTION

CAMPAIGN FINANCE

See ELECTIONS

CARS

See MOTOR VEHICLES

CERCLA (COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT)

See ENVIRONMENT

CHARITABLE ORGANIZATIONS

See NONPROFIT ORGANIZATIONS

CHILDREN

– Abortion, Ill. parental notice law, judicial bypass provision upheld (7th Cir.), 1055
– Education

See SCHOOLS

– Handguns, federal ban on juvenile possession upheld (1st Cir.), 1214
– Juvenile sex offenders, retroactive application of registration requirements violates ex post facto clause (9th Cir.), 1184
– Product liability, air bag danger to children, preemption (Ind. Ct. App.), In Brief, 1208
– Simple assault of minor not crime involving moral turpitude, convicted alien eligible for cancellation of removal (3d Cir.), 1236
– Social Security survivor benefits, posthumously conceived children (9th Cir.), In Brief, 1092

CHURCH AND STATE

See FREEDOM OF RELIGION

CIGARETTES

See TOBACCO INDUSTRY

CIRCUIT SPLIT ROUNDUP

– Generally, June 2009, 1012; July 2009, 1060; August 2009, 1127; September 2009, 1192

CITIES

See STATE AND LOCAL GOVERNMENT

CITIZENSHIP

See ALIENS AND CITIZENSHIP

CIVIL PROCEDURE

See PROCEDURE

CIVIL RIGHTS

– ADEA

See EMPLOYMENT DISCRIMINATION, subheading: Age discrimination

– Bivens claim by terrorist suspect, Atty. Gen. Ashcroft not immune from suit of American detained under material witness warrant (9th Cir.), 1142; circuit split roundup, 1192
– Disability discrimination

See DISABILITY DISCRIMINATION

– Job bias

See EMPLOYMENT DISCRIMINATION

– Municipal services, Latino residents' §1983 claims of disparate provision by city and county may proceed in part (9th Cir.), 1217
– Nursing home patient treatment, federal statute creates private right of action under §1983 (3d Cir.), 1019
– Qualified immunity, prison guard not shielded from claims by inmate in labor shackled to hospital bed (8th Cir., en banc), 1229

CLASS ACTIONS

– Arbitration, binding clause with class action waiver in credit card agreement upheld under Mo. law (8th Cir.), 1211
– Attorneys, bar exam not required for in-state law school graduates to practice, commerce clause challenge may proceed (7th Cir.), 1031
– Attorneys' fees, diet drug product liability suit (3d Cir.), In Brief, 1242
– Certification criteria, ascertainability, Analysis and Perspective, 2003
– Class notice and fairness, settlement objector's challenge dismissed (11th Cir.), 1108
– Disability bias after workers took medical leave, class certification overturned in ADA pattern or practice claim (3d Cir.), 1054
– Hurricane Katrina, suit against levee districts and insurer settled (E.D. La.), In Brief, 1159
– Racial bias in employment, class certification improperly denied given direct evidence establishing commonality (4th Cir.), 1082
– Securities

– – Assessment of loss causation from fraud, incorrect standard used for certification purposes (5th Cir.), 1009
– – Treasury note futures contracts, certification upheld in suit against investment firm that allegedly cornered the market (7th Cir.), 1024

– Truth in Lending Act, reductions in home equity lines of credit (N.D. Ill.), In Brief, 2129

CLEAN AIR ACT (CAA)

See AIR POLLUTION

CLEAN WATER ACT (CWA)

See WATER POLLUTION

COLLEGES

See SCHOOLS

COMMERCE CLAUSE

– Alcohol, state law allowing direct home delivery solely by in-state retailers upheld (2d Cir.), 1021
– Attorneys

– – Bar exam not required for in-state law school graduates to practice, class challenge may proceed (7th Cir.), 1031
– – Trustee/lawyer in real estate foreclosures, state may require in-state presence (10th Cir.), 1016

– Biosolids recyclers, no standing to challenge county ordinance barring application of sludge to land (9th Cir.), 1136
– Handguns, federal ban on juvenile possession upheld (1st Cir.), 1214
– Health care reform bills, opponents of individual mandate question legality of requiring citizens to buy health insurance, 2195
– Toll on interstate road, discount available to residents of only one city may violate dormant Commerce Clause (2d Cir.), 1240

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA)

See ENVIRONMENT

COMPUTERS

– Computer Fraud and Abuse Act, whether employee's use of work computer is unauthorized depends on employer policies, not employee state of mind (9th Cir.), 1174; circuit split roundup, 1192
– Data security, perils for corporations and law firms that lack, Analysis and Perspective, 2215
– Electronic commerce, advertising endorsements and testimonials, FTC updated guidelines issued, 2209; new guidance aimed at hidden marketing relationships on social networks and personal blogs, FTC official says, 2223
– Electronic discovery, role and relevance of metadata, Analysis and Perspective, 2135
– Electronic medical records, data breach notification rules, In Brief, 2116
– Federal Register to be published in XML format, In Brief, 2212
– Insider trading, hacker liable despite no breach of fiduciary duty in obtaining data (2d Cir.), 1074; circuit split roundup, 1127
– Internet

See INTERNET

– Patents, infringement judgment against Microsoft upheld, damages award vacated for lack of evidentiary support (Fed. Cir.), 1154
– Search and seizure

– – Border searches of laptops, DHS guidelines for conducting, 2124
– – Files outside scope of probable cause, warrant procedures for computers with (9th Cir., en banc), 1132
– – Warrant for documents (9th Cir.), In Brief, 1091

– Spam e-mail, individual lacks standing to bring private CAN-SPAM Act claim since not internet access provider (9th Cir.), 1087

CONFERENCES AND MEETINGS

– American Bar Ass'n (ABA) Annual Meeting

– – Candor towards tribunals, false testimony, 2096
– – Conflicts of interest, screening, 2083
– – Corporate governance, 2096
– – Crime reduction, 2081
– – Expert witnesses, work product rule, 2098
– – Financial regulation reform, 2082
– – Multistate probes, state attorneys general, 2095
– – Patent issues, 2081
– – Reexamination of ethics rules, 2079
– – SEC enforcement, 2100

– American Bar Ass'n (ABA) Taxation Section, 2193; 2194
– American Constitutional Soc'y for Law and Policy, Natl. Sec. & Human Rights, 2224
– American Health Lawyers Ass'n, Tax Issues for Healthcare Orgs., 2227
– Org. for Competitive Markets, 2089
– Univ. of Akron, Law in the Electronic Age, 2234

CONFESSIONS

See INTERROGATIONS

CONFIDENTIALITY

See ATTORNEY ETHICS; PRIVACY

CONFIRMATIONS

See NOMINATIONS AND CONFIRMATIONS

CONGRESS, U.S.

– Ed. Note: For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see specific subject headings.
– Ethics probe, responses by congressman to House committee protected by Speech or Debate Clause (D.C. Cir.), 1058
– Lobbying organizations, law requiring disclosure of member companies' names upheld (D.C. Cir.), 1140

CONSPIRACY

– RICO, conviction upheld despite predicate crimes outside limitations period (2d Cir.), 1125

CONSTITUTIONAL LAW

– Alcohol regulation, Twenty-first Am.

See ALCOHOLIC BEVERAGES

– Commerce Clause

See COMMERCE CLAUSE

– Cruel and unusual punishment, inmate in labor shackled to hospital bed, no qualified immunity for prison guard (8th Cir., en banc), 1229
– Double jeopardy, identity theft charges (11th Cir.), In Brief, 1176
– Due process

See DUE PROCESS

– Education, legislative directive to state comptroller to audit charter schools is invalid under state constitution (N.Y.), 1023
– Equal protection, requesting DNA samples from black men in rape probe (4th Cir.), In Brief, 1176
– Establishment Clause

See FREEDOM OF RELIGION

– Ex Post Facto Clause

See EX POST FACTO LAWS

– Fifth Am.

See FIFTH AMENDMENT

– Free speech

See FREEDOM OF SPEECH

– Ineffective assistance of counsel, attorneys may not negotiate post-conviction relief waivers in plea agreements, Mo. ethics opinion, 2007
– Jury trial right, bankrupt debtor lacks in trustee action seeking turnover of property (1st Cir.), 1017
– Religious freedom

See FREEDOM OF RELIGION

– Right to bear arms

See FIREARMS AND WEAPONS

– Right to counsel during interrogation, police officer taunting suspect (4th Cir.), In Brief, 1091
– Search and seizure

See SEARCH AND SEIZURE

– Separation of powers

See SEPARATION OF POWERS

– Speech or Debate Clause, responses by congressman to House ethics committee probe are protected (D.C. Cir.), 1058
– Speedy trial right, sentencing delays not barred by (2d Cir.), 1148
– States' rights, federal conviction for using chemical weapons to poison romantic rival not Tenth Am. violation (3d Cir.), 1199
– Takings Clause

See TAKINGS

CONSTRUCTION

See BUILDING AND CONSTRUCTION

CONSUMER CREDIT

– Credit cards

See CREDIT CARDS

– Credit reports

– – Fair Credit Reporting Act, state claims over mortgage broker purchase of prescreened reports preempted (2d Cir.), 1199
– – Free credit report rule, FTC proposes changes, In Brief, 2210

– Fair Debt Collection Practices Act

– – Letter to debtor that was unclear as to attorney's involvement may be deceptive (5th Cir.), 1079; circuit split roundup, 1127
– – Sanctions for abusive litigation (9th Cir.), In Brief, 1011

– Loans

See LOANS

– Mortgages

See MORTGAGES

– Truth in Lending Act

See TRUTH IN LENDING ACT (TILA)

CONSUMER PROTECTION

– Advertising

See ADVERTISING

– Consumer Financial Protection Agency, Obama administration issues legislative proposal to create, 2008; FTC may lose duties under proposal, 2009; for further action, see LEGISLATION, FEDERAL, HR 3126
– Credit transactions

See CONSUMER CREDIT; CREDIT CARDS

– Identity theft

See IDENTITY THEFT

– Nonbank subsidiaries of bank holding companies, Fed monitoring of, In Brief, 2159
– Product safety

See PRODUCT SAFETY AND LIABILITY

– Telephones

See TELEPHONES

CONTRACTS

– Arbitration agreements

See ARBITRATION

– Defense contracts

See DEFENSE CONTRACTS

– Employment contracts

See LABOR

– Public contracts

See GOVERNMENT CONTRACTS

– Treasury note futures contracts, class certification upheld in suit against investment firm that allegedly cornered the market (7th Cir.), 1024

COPYRIGHTS

– Cell phones, royalties for ringtones (S.D.N.Y.), In Brief, 1243
– Fair use, DOJ antitrust probe into Google settlement on digitizing books (S.D.N.Y.), In Brief, 2032
– Scholarly journals, universities establish open access to, In Brief, 2159
– Webcasts

– – Music playlists created by online service not interactive, statutory licensing fees proper (2d Cir.), 1119
– – Royalties, most rates set by royalty judges upheld (D.C. Cir.), 1049

– Website posting of photo, simultaneous publication (D. Del.), In Brief, 1243

CORPORATE LAW

– Antitrust

See ANTITRUST

– Attorneys

– – Client privilege, avoiding waiver in bankruptcies, Analysis and Perspective Part I, 2019; Part II, 2035
– – Mutual insurance firm's lawyer does not represent policyholders (2d Cir.), 1212

– Bribery, Foreign Corrupt Practices Act enforcement efforts targeting more executives, Analysis and Perspective, 2087
– Corporate governance, ABA task force issues final guidance on addressing economic crisis, 2096
– Credit card of firm, remedy for FACTA breach (N.D. Ill.), In Brief, 1190
– Data security, perils for businesses that lack, Analysis and Perspective, 2215
– Directors and officers

See DIRECTORS AND OFFICERS

– Emergency preparedness, DHS proposes rules for private sector, In Brief, 2224
– Executive compensation

See EXECUTIVE COMPENSATION

– Fraud and misconduct, executives surveyed on risks in their organizations, 2142
– FOIA, corporations may assert personal privacy interests in resisting agency disclosure of records (3d Cir.), 1170; circuit split roundup, 1192
– Sarbanes-Oxley Act

See SARBANES-OXLEY ACT

– Securities

See SECURITIES; SECURITIES FRAUD

– Shareholder proposals, increase in number seeking corporate action on climate change, 2127
– Small businesses

See SMALL BUSINESSES

– Whistleblowers

See WHISTLEBLOWERS

– Work product protection, attorneys say Textron ruling on tax accrual work papers is problematic for corporate counsel, 1096; circuit split roundup, 1127; impact of decision on companies, Analysis and Perspective, 2199

COUNSEL

See ATTORNEYS

CREDIT CARDS

– Arbitration, binding clause with class action waiver in customer agreement upheld under Mo. law (8th Cir.), 1211
– Consumer protection rule proposed by Fed, In Brief, 2194
– Fair and Accurate Credit Transactions Act (FACTA)

– – Corporate card, remedy for noncompliant receipt (N.D. Ill.), In Brief, 1190
– – First number of card printed on receipt, merchant liability (W.D. Mich.), In Brief, 1175

– Rights of customers, OCC orders further disclosures from banks, In Brief, 2143

CREDIT REPORTS

See FAIR CREDIT REPORTING ACT (FCRA)

CRIMINAL LAW AND PROCEDURE

– Aliens

See ALIENS AND CITIZENSHIP

– Arrest of Islamic leaders on airplane, immunity of FBI agent (D. Minn.), In Brief, 1090
– Attorneys

– – Fees incurred in criminal case leading to dismissal of related civil forfeiture action, not recoverable (11th Cir.), 1121
– – Plea bargains, counsel may not negotiate post-conviction relief waivers, Mo. ethics opinion, 2007
– – Prosecutors, duty to disclose exculpatory information goes beyond Brady obligation, ABA ethics opinion, 2139
– – Public defenders, ABA approves guidelines for managing excessive case loads, 2079
– – Right to counsel during interrogation, police officer taunting suspect (4th Cir.), In Brief, 1091

– Bribery, Foreign Corrupt Practices Act enforcement efforts targeting more corporate executives, Analysis and Perspective, 2087
– Cruel and unusual punishment, inmate in labor shackled to hospital bed, no qualified immunity for prison guard (8th Cir., en banc), 1229
– Double jeopardy, identity theft charges (11th Cir.), In Brief, 1176
– Drugs

See DRUGS

– Guns

See FIREARMS AND WEAPONS

– Honest services fraud, public official's nondisclosure of conflict of interest may justify conviction of private citizen (3d Cir.), 1051
– Identity theft

See IDENTITY THEFT

– Pharmaceuticals, Pfizer fined for off-label marketing of Bextra, In Brief, 2130
– Poisoning of romantic rival, federal chemical weapons law not violation of states' rights (3d Cir.), 1199
– Prisons

See PRISONS AND JAILS

– Reducing crime, Atty. Gen. Holder urges data-driven approach, 2081
– RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Search and seizure

See SEARCH AND SEIZURE

– Sentencing, delays barred by Fifth Am. due process clause (2d Cir.), 1148
– Sex offenses

See SEX OFFENSES

– Sexual devices, state ban on sale of (Ala.), In Brief, 1191
– Terrorism

See TERRORISM

– Trademarks, counterfeiting ban, free speech (Pa.), In Brief, 1244

CRUEL AND UNUSUAL PUNISHMENT

– Inmate in labor shackled to hospital bed, no qualified immunity for prison guard (8th Cir., en banc), 1229

CWA (CLEAN WATER ACT)

See WATER POLLUTION