Legal Issues

Greenwich CT seeks Recovery of Benefits Paid in Librarian's 2009 Denver Crash Death

From the Denver Post: Officials in Greenwich have launched a legal battle to recover benefits paid to the family of a librarian who died on a Denver highway in 2009, contending that the town is entitled to a slice of a pending lawsuit settlement.

The move comes on the eve of the second anniversary of the deaths of librarians Kathleen Krasniewicz, 54, and Kate McClelland, 71, following a collision involving a pickup driven by a drunken woman and the taxi van in which the librarians were passengers.

An attorney representing Greenwich has filed a motion in Denver District Court, seeking to stop the payment of a proposed settlement in a wrongful death lawsuit filed by Krasniewicz's family against the pickup driver, her father, the man at the wheel of the taxi and Freedom Cabs Inc.

Instead, the town is seeking the money to offset benefits it has paid to Krasniewicz's family and medical bills incurred as doctors fought to save her life.

"I couldn't believe what they were doing to me and doing to my wife," Krasniewicz's husband, James, said Wednesday. "My reaction? How can I fight the town of Greenwich? There's no way. They have a law that says they can do this. Some laws are not right, I would say."

The Right to Read

Article: A Fundamental Right to Read: Reader Privacy Protections in the U.S. Constitution

Article can be found at 82 U. Colo. L. Rev. 307 (2011)

Not available free online. If you have access to Lexis or Lexis Academic or subscribe to the University of Colorado Law Review you can read the article.

Scalia

A law professor I know sent me this email. I believe this prof has a slightly left of center political view just to give a little context on the sender.

-----------------------------

Agree or not, you all might enjoy reading the following three paragraphs, the first three paragraphs of a concurring opinion by Scalia, published yesterday.

Professor X

Cite as: 562 U. S. ____ (2011) SCALIA, J., concurring in judgment

SUPREME COURT OF THE UNITED STATES
No. 09–530
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, ET AL., PETITIONERS v. ROBERT M. NELSON ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
[January 19, 2011]
JUSTICE SCALIA, with whom JUSTICE THOMAS joins, concurring in the judgment. -- Read More

Rancho Mirage Friends and Foundation Settle Major Financial Dispute

The Friends of the Rancho Mirage (CA) Public Library will hand almost all of its $2.2 million in assets over to Rancho Mirage and dissolve itself, under the terms of a settlement agreement which will end the city’s lawsuit against the organization. Report from My Desert News.

The city is to get $310,000 from the Friends’ account within a week to cover Library programs, improvements to the Community Room and other items included in the city’s funding request to the Friends from last August. About $1.8 million will be transferred to the Rancho Mirage Public Library Foundation, which the city formed as a replacement library fundraising arm when it filed suit in September.

The settlement ends a dispute which erupted in the fall of 2008, when the Friends board gave approval to buying a $25,000 sponsorship of the Palm Springs International Film Festival, a transaction never made after some board members raised objections.

This led to the city’s discovery that the Friends board had changed its bylaws, without notifying city officials, to eliminate an annual, automatic transfer of funds. The city had overlooked the end of the fund transfers.

The Friends board said most of the money it had in the bank was designated by donors to be in an endowment, set aside to draw interest, and not spent itself.

Restoring FTC Oversight of Publisher Trade Practices

Michael Ginsborg offers his ideas on how a coalition of library associations and and allied organizations might engage the FTC to end unfair business practices of legal, scientific, medical, and technical publishers at Initial Thoughts on a Plan to Restore FTC Oversight of Publisher Trade Practices

If you believe in things like libraries and used-book stores

Story on NPR about a recent court decision about the resale of promo music CDs. Legal issue involves the first sale doctrine and the piece has this line in it - "First Sale is incredibly important if you believe in things like libraries and used-book stores."

'For Promotional Use Only - Not For Resale' — Oh Yes It Is

Blog Gives Superheroes and Supervillains Their Day in Court

A new blog addresses questions like whether Superman’s heat vision is protected by the Second Amendment.

Full article in the NYT

Can the FCC Regulate the Internet?

The central legal question of the FCC’s new net neutrality rules is whether or not the Commission even has the authority to regulate the internet, which is classified as an information service. Net neutrality advocates wanted the web to be reclassified as a telecommunication service before any new rules were made so the FCC would have more power to regulate it. Democratic Commissioner Michael Copps voted for the new regulation, but says he has reservations about its legal foundation.

NY State Cracks Down on Chocolate Library Because It's Not A Library

Via Kate (@librarian_kate)/Gothamist

What's in a name (Shakespeare rhetorically asked)...

The Chocolate Library is a chocolate store, not a library, and according to an arcane law, must not call itself a library.

Activist wins lawyers' lounge showdown case

A dreadlocked lawyer famous for his work on prominent criminal cases in Toronto's black community -- including those of Jane Creba witness Richard Steele and alleged police beating victim Junior Alexander Manon -- has won a discrimination case against the Peel Law Association after a librarian singled out him and two black colleagues and demanded their identification in a room full of lawyers.

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