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Monday, May 31st, 2010

West Headnote of the Day – May 31, 2010

West's Key 106 Courts
West's Key 106II Establishment, Organization, and Procedure
West's Key 106II(G) Rules of Decision
West's Key 106k88 Previous Decisions as Controlling or as Precedents
West's Key 106k89 k. In General.

106 CourtsJudicial devotion to the doctrine of stare decisis is indeed a justifiable concept to be followed by the courts; however, it cannot and must not be so strictly pursued to the point where the court’s view is opaqued and reality disregarded.
Hall v. Dillon Companies, Inc., 189 P.3d 508 (Kan. 2008)

Suggested by Valerie Garber, West Principal Attorney Editor

Posted by Headnote of the Day at 6:00 am
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Friday, May 28th, 2010

Today in 1861: Chief justice overrules Lincoln on habeas

Today in Legal History“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” U.S. Constitution, Article I, Section 9

Abraham Lincoln was the first president to revoke habeas corpus, the legal filing that gives an imprisoned person the right to challenge the legality of his or her detention before a court. The Civil War had just started, Congress wouldn’t be in session until July, and Lincoln said he needed a way to control Confederate agitators residing in certain parts of the Union.

Among the first to be denied habeas corpus under Lincoln’s order was John Merryman, a Maryland secessionist accused of burning bridges and disrupting telegraph lines. He was roused in the middle of the night  by Union soldiers and taken into military custody. The very next day, another Maryland native – Roger Taney, the chief justice of the U.S. Supreme Court – came to his defense.

Chief Justice Roger TaneyTaney (pictured here) was clearly Lincoln’s nemesis. A Democrat and former slaveholder, Taney wrote the majority opinion in the 1857 Dred Scott decision that further entrenched slavery.

Chief Justice Taney issued a writ of habeas corpus for Merryman in defiance of Lincoln’s order. Lincoln and the military ignored Taney’s writ, which prompted the chief justice to issue an opinion on May 28, 1861.

In Ex parte Merryman, Taney pointed out that the constitutional provision regarding habeas corpus is found in Article I of the Constitution, the part that addresses Congressional powers, which meant that only Congress could lawfully suspend it – not the president.

Lincoln’s defenders argued that the provision doesn’t spell out who has the power to suspend habeas corpus. They also argued that it was clearly intended as an emergency measure and that the founding fathers could not have meant for it to be used only when Congress was in session.

Constitutional or not, Lincoln’s suspension of habeas corpus was used by the military to detain more than 13,000 citizens during the Civil War.

George W. Bush was the only other president to revoke habeas corpus, although he did it with the backing of Congress when he signed the Military Commissions Act of 2006. And while Lincoln’s order applied to U.S. citizens, the law signed by President Bush applied only to aliens who were deemed “enemy combatants.”

Westlaw users: Read Chief Justice Taney’s ruling in Ex parte Merryman (17 Fed.Cas. 144) on Westlaw. (Sign-on required)

Posted by Jon Hanke at 9:00 am
Labels: Today in Legal History

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INSIDE INFORMATION

Thursday, May 27th, 2010

The “print that document from a couple weeks ago” button

From the Westlaw Reference AttorneysWestlaw tip: Did you ever wish you had the ability to resend a print request? You do in Westlaw. Just click on the “Site Map” link at the top of the screen, look in the right column for “Tools”, then click on “Print/Delivery Manager.” Simply check the box next to the desired document, hit the Print or Email button, and your document is on its way!

(Provided by West Reference Attorneys)

Posted by Jon Hanke at 9:00 am
Labels: Tips, West Reference Attorneys, Westlaw

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Thursday, May 27th, 2010

West Headnote of the Day – May 27, 2010

West's Key 310 Prisons
West's Key 310II Prisoners and Inmates
West's Key 310II(B) Care, Custody, Confinement, and Control
West's Key 310k156 k. Hazardous and Unhealthful Conditions; Housing.

310 PrisonsPersons are sent to prison as punishment, not for punishment; it is incumbent upon the incarcerating body to provide the individual with a healthy habilitative environment.
Battle v. Anderson, 447 F.Supp 516 (E.D. Okl., 1977)

Posted by Headnote of the Day at 6:00 am
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Wednesday, May 26th, 2010

You could win the next iPod touch in our photo contest

You can still win one of our weekly prizes – an  iPod touch – in our WestlawNext Mobile Photo Contest… But you have to enter!

Pat M., information services director for a Connecticut law firm, is the latest winner of an iPod touch for his photo (below right) showing WestlawNext Mobile in action.

WestlawNext Photo Contest - Week 2 winner (Pat M.)Next week, Johnny and Jenny Westlaw will be demonstrating how easy it is to enter the contest. Here are the steps involved:

  1. Using any camera, snap a photo that includes your mobile device doing its thing, with the WestlawNext Mobile screen clearly visible.  You can include yourself in the photo, but don’t include others without their written consent.
  2. In addition to your contest photo, please include a photo of yourself. This could be as simple as a self-portrait of your smiling face next to your mobile device. And to make it even more memorable, choose an interesting backdrop: think local landmarks, famous monuments, city skylines, natural attractions, etc.
  3. Submit photos in GIF, JPG or BMP format to westlelearning@thomsonreuters.com. Include your name, title, daytime phone, email, and your employer (name and address).  The email should also include a brief caption or description of the photo.

Easy stuff, right? So get snapping!

NO PURCHASE NECESSARY. Open only to residents of the 50 US/DC who are employed by a corporation, nonprofit organization, or academic institution, with a legal or regulatory title. Void where prohibited. Sweepstakes ends 6/30/10.  Subject to full official rules.

Posted by Jon Hanke at 1:24 pm
Labels: Mobile, Offers & Promotions

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Wednesday, May 26th, 2010

More on the “Silence may form an agreement” headnote

West Headnote of the DaySilence was never written down.Italian proverb

Sometimes silence is not golden, it’s just yellow! Uncle Anthony


Tuesday’s Headnote of the Day consisted of this pithy and somewhat puzzling statement: “Silence may form an agreement when the failure to speak misleads the other party.” Some of you were intrigued by this headnote. We were too – so we checked into the case behind it, which turns out to be a classic landlord-tenant dispute.

The tenants were a New York City couple with plans to buy their own condo. They gave notice that they planned to move out of their apartment by August 31, which coincided the end of their lease term.

So far, so good. But as any homeowner knows, an alarming array of problems can arise between offer acceptance and closing, and sure enough, the hopeful homeowners’ closing date was pushed back. They asked the landlord if they could continue renting through September, and the landlord reluctantly agreed.

The real-estate delays continued. In mid-September, one of the tenants talked to the landlord’s wife on the phone. The tenant hinted at the creeping likelihood that the couple would need a place to stay beyond September, but she did not ask explicitly for another extension.

The couple ended up staying until December 23, but the landlord refused to cash their rent checks after September, instead opting to file for a holdover proceeding to force them out.

What the headnote refers to is the tenants’ silence regarding their intent to remain in the apartment beyond the agreed-on one-month extension. Their failure to speak misled the landlord, according to the judge, and effectively signified that they would abide by the terms of the oral agreement.

A two-for-one lesson here: If you want it, ask for it… and then get it in writing.

Curious about the case? Westlaw users can view the judgment in Palumbo v. Donalds (754 N.Y.S.2d 856) on Westlaw. (Requires sign-on)

Curious about the quotations? Both of the quotes at the very top of this post can be found in Uncle Anthony’s Unabridged Analogies: Quotes & Proverbs for Lawyers and Lecturers, which is available at a 10% discount to all Westlaw Insider readers – including the talkative ones.

 

Posted by Jon Hanke at 10:00 am
Labels: Headnote of the Day

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Wednesday, May 26th, 2010

West Headnote of the Day – May 26, 2010

West's Key 110 Criminal Law
West's Key 110XXXI Counsel
West's Key 110XXXI(C) Adequacy of Representation
West's Key 110XXXI(C)2 Particular Cases and Issues
West's Key 110k1891 k. Preparation for trial.

110 Criminal LawThe duty to investigate does not force defense lawyers to scour the globe on the off-chance something will turn up; reasonably diligent counsel may draw a line when they have good reason to think further investigation would be a waste.
Hill v. State, 301 S.W.3d 78 (Mo. Ct. App. 2010)

Suggested by Kara Boucher, West Principal Attorney Editor

Posted by Headnote of the Day at 6:00 am
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Tuesday, May 25th, 2010

Westlaw Jury Verdict of the Week: Target.com Accused of Violating Disabilities Laws

West Jury Verdict of the WeekNat’l Fed’n of the Blind v. Target Corp. (N.D. Cal.)
Target agrees to pay $6M, modify Web site for blind users

2009 WL 792370 Settlement Summary
2005 WL 5352866 Accessibility Assessment by Plaintiff’s Expert Jim Thatcher, PhD

Note: The links above are intended for Westlaw users. You will be asked to sign on to Westlaw before being taken directly to the document.

Publish Your Cases

Posted by Jury Verdicts at 9:00 am
Labels: Jury Verdicts, Westlaw

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Tuesday, May 25th, 2010

West Headnote of the Day – May 25, 2010

West's Key 95 Contracts
West's Key 95I Requisites and Validity
West's Key 95I(B) Parties, Proposals, and Acceptance
West's Key 95k22 Acceptance of Offer and Communication Thereof
West's Key 95k22(1) k. In General.

95 ContractsSilence may form an agreement when the failure to speak misleads the other party.
Palumbo v. Donalds, 754 N.Y.S.2d 856 (N.Y. Civ. Ct. 2003)

Posted by Headnote of the Day at 6:00 am
Labels: Headnote of the Day

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Monday, May 24th, 2010

West Headnote of the Day – May 24, 2010

West's Key 170A Federal Civil Procedure
West's Key 170AXIX Fees and Costs
West's Key 170Ak2736 k. Particular Items.

170A Federal Civil ProcedureElectronic legal research would be awarded as a separate fee since use of online research services likely reduces the number of hours required for an attorney’s manual search, thereby lowering the lodestar.
Am. Canoe Ass’n, Inc. v. City of Louisa, 2010 WL 399110 (E.D. Ky. Jan. 27, 2010)

Suggested by Howard Solender, West Principal Attorney Editor

Posted by Headnote of the Day at 6:00 am
Labels: Headnote of the Day

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