12/22/09

38 (No. 3) REAL ESTATE LAW JOURNAL, WINTER 2009

• Aalberts, Robert J., From the Editor-In-Chief.

• Milne, Julia Bartolf, Will Alternative Forms of Common-Interest Communities Succeed with Municipal Involvement? A Study of Community Land Trusts and Limited Equity Cooperatives.

• Bird, Robert C. & Oswald, Lynda J., Necessity and Excess Condemnation under Eminent Domain.

• Gonzalez-Pagan, Omar, The Lucas Exemption: How Takings Can Prevent the Erosion of the Public Trust Due to the Reclamation of Submerged Lands.

• Jennings, Marianne M., From the Courts.

• Fellows, James A., Tax Issues.

• Kubasek, Nancy, From the Environment.

• Nolon, John R. & Grzan, Kristen M., Zoning and Land Use Planning.

  
  

• Tax Law Update.

• Christiansen is a Boon for Charities.

• Angkatavanich, N. Todd & Vergara, Edward A., The FLP Quadrilogy: Four key wins in the fight against the IRS.

• Herte, Thayer J. & Shier, Suzanne L., Clean House: Fiduciaries-root out conflicts of interest.

• Daggert, Suzanne & Ringel, Gary, Valuations of Private Promissory Notes: They can mean serious tax savings.

• Bell, Lawrence L., A Buy-Sell Innovation: Consider this strategy.

• Napier, Robert T., Kill the CRTs: It makes sense in trying economic times.

• Miree, Kathryn W. & Smith, Winton C., Jr., The Unraveling of Donor Intent: Lessons from cases that’ve gone wrong.

• Treacy, Gerald B., Jr., Not SO Bad: Most of the proposed regs for Type III supporting organizations are okay-except for one that could be disastrous.

  
  

• Madden, Thomas J., et al., 2008 Year in Review: Analysis of Significant Federal Circuit Government Contracts Decisions.

• Notes:
  • Hanson, Derek J., Foreign Food Aid Procurement: Why Domestic Preferencing Requirements Must Be Substantially Reduced to More Effectively and Efficiently Alleviate Global Hunger.

  • Goldman, Jeremy A., New FAR Rule on Compliance Programs and Ethics: A Hidden Assault on the Corporate Attorney-Client Privilege.

  • Miller, Drew B., Is It Time to Reform Reciprocal Defense Procurement Agreements?

  • Anderson, Lucas, Kicking the National Habit: The Legal and Policy Arguments for Abolishing Private Prison Contracts.

  • Taylor, Katie, Purchasing in an Unregulated Market: Federal Government Procurement of Carbon Offsets.

    
    

• Miller, Robert T., The Economics of Deal Risk: Allocating Risk through MAC Clauses in Business Combination Agreements.

• Hazard, Geoffrey C., Jr., Legal and Managerial “Cultures” in Corporate Representation.

• Hayden, Grant & Bodie, Matthew, Arrow’s Theorem and the Exclusive Shareholder Franchise.

• Hemingway, Joan MacLeod & White, Sarah, Wanted: Female Corporate Directors (A Reviwe of Branson, No Seat at the Table: How Corporate Governance and Law Keep Women Out of the Boardroom).

• Whitehead, Charles K., The Evolution of Debt: Covenants, the Credit Market, and Corporate Governance.

  
  

• Stein, Kim, The Times, They Are a-Changin’: Income Limits on Roth IRA Conversion Set to Disappear in 2010.

• Fidler, J. Paul, The Grapes of Roth: Conversion to a Roth IRA in 2010 and Beyond-Sweet Nectar or Sour Grapes.

• Braverman, Herbert L., The Browns Need a Quarterback: Does the Estate Planning Team Need One Too?

• Meyers, Edward F., Use of Land Protection Tools in Estate Planning.

• Rapp, Robert N., Securities Regulators Will Aggressively Address “Senior-Specific” Marketing of Financial Services and Investment Products.

• What Clients Expect.

• Halloween Bench Bar Run for Justice.

• From the President: Christmas and Hanukah.

• Ethics Perspectives: Earned Upon Receipt Flat Fees and Non-refundable Retainers.

• On Appeal: Recovering Costs and Damages on Appeal.

• CMBF: The Season of Giving.

• Life in Six-Minute Increments: An Aptitude Test for the Impaired Lawyer.

• Young Lawyers: How to Write Real Good (And Other Ironical Musings).

• Paralegal Perspectives: Bridging the Gap...In the Cloud, Under the Sea, and Anyplace Else I Need to Look for My Client’s Data.

  
  

• Eaves.

• What in the World Is Bim and Why Should I Care about It?

• Blank v. Beasley: Supreme Court of Ohio Establishes Troubling Takings Standard.

• Economic Development for the Rest of Us.

  
  

• Miller, Ronald V., Jr., & Bratt, John B., Mediation, step by step.

• Blank, Adam J. & Kennedy, Patrick J., Dynamic demand letters.

• Wolfe, Mark, Prepping for mediation.

• Landau, Douglas, How I learned to relax and love mediation.

  
  

• Klevan, Alan J. & Correia, Jared D., Hardware that Automates Routine Office Tasks.

• Burney, Brett, More Access Can Mean More Problems.

• Adams, Sandra H., Software That Automates Routine Office Tasks.

• Anderson, Wells H., Effective Software Training for Law Offices.

• Calloway, Jim, High-Tech Penny Pinching.

• Fairley, Stephen, Law Firm Marketing 2.0: Internet Marketing for Rainmakers.

• Fuoss, Anita, et al., Widgets and Apps.

• Allen, Jeffrey, The GPSolo 2009 Shopping Guide to Holiday Techno-Gifts.

• Allen, Jeffrey, The Road Warrior Looks at Netbooks.

• Durant, James M., III, The Chair’s Corner: Looking Back, Going Forward.

• Leffler, David, Being Solo: Techno Tips and Tricks 2009: Being Solo Strikes Back.

• Herring, Victoria L., Mac User: Macs at Trial.

• Arden, James Ellis, Techno Ethics: The Good, the Bad, and the Automatic.

• Calloway, Jim & Kennaday, Courtney, Sites for Sore Eyes: Automate This!

  
  

• Borden, Bradley T., Allocations Made in Accordance with Partners’ Interests in the Partnership.

• Ely, Bruce P., et al., State Tax Treatment of Limited Liability Companies and Limited Liability Partnerships.

  
  

• DRI’s 50th Anniversary: The Officers as Leaders.

• Bleeke, James F., Mediation Strategies: What Plaintiffs Really Want.

• Sorin, Richard E., Mining Medical Records: Principles for the Cross-Exam of a Plaintiff’s Physician.

• Kuppens, John F., From the Chair: Rich History as the Forum for Elite Lawyers Continues.

• Morrison, Stephen G., et al., The Consumer Product Safety Improvement Act: New Developments, Guidance, and Rulemaking.

• Woodward, T. Sky & Miller, Eric C., Green Expectations: New Risks for Manufacturers Take Root.

• Edwards, Kathryn & Tsai, Rocky C., A New Era of Product Regulation: California’s Green Chemistry Initiative.

• Lumish, Wendy F. & Cohen, Jeffrey A., Maximize the Potential for Favorable Results: Testing the Test-One Test Does Not Fit All.

• Schaerf, Carl A., Defending Crane Manufacturers: New OSHA Standards Improve Position from the Start.

• Holmstrand, Jeffrey A. & Sammons, Anthony, Plausible Allegations: Pleading Standards in Mass Tort Cases after Iqbal.

• Geissel, Karin E. & Varney, S. Mark, Unduly Restrained: Admissibility of Seat Belt Nonuse Evidence.

• Thomas, D. Alan, et al., Unintended Consequences: The Application of Seat Belt Laws in Automotive Trials.

• Haikala, Madeline H., Writers’ Corner: From Bass to Bard: Finding Tips for Persuasive Writing in Unexpected Places.

• Volz, Fabian, Think Globally: The GPSD Business Application: Fresh Challenges for Producers, Importers and Distributors.

• Fucile, Mark J., Defense Ethics and Professionalism Spoliation Ethics: The Intersection of “Litigation Holds” and Destruction of Evidence.

  
  

• Combs, Drew, Testing the Waters: Did 2009 fundamentally change the legal profession?

• The Client’s View: Highlights from a survey of 587 general counsel on the prevalence and future of alternative fee arrangements.

• Miller, Amy, No More Baby Steps: When former DLA Piper heavy hitter Amy Schulman took the GC job at Pfizer last year, she set out to transform the client-counsel relationship. Now, Pfizer’s top firms earn a flat fee for all of their work for the drug giant.

• Beck, Susan, Showstopper: Whether it’s Bank of America, Enron, or WorldCom, federal district court judge Jed Rakoff isn’t afraid to ask: What the hell is going on here?

• Reisinger, Sue, What Price Victory? A close look at the role Wachtell played in advising BofA on the Merrill deal raises troubling questions about the firm’s lawyers.

• Hey, Allen Stanford-What’s with all the lawyers?

• Guaranteed comp-those were the days.

• Jailed lawyers send a message from Hong Kong.

• Big Suits: A judge throws out a mega-award against Microsoft; an antitrust claim against IBM gets tossed.

• Big Canadian Deals: El Dorado buys Sino Gold Mining; Barrick Gold goes public.

• New Business: Shearman helps Sichuan Tengzhong buy the Hummer; Akin Gump defends Raj Rajaratnam.

• Cohen, Alan, Am Law Tech: Holiday gift gadgets: Thanks to a series of high-profile upgrades, everything old is new again.

• The Churn: High-profile moves in The Am Law 200.

12/04/09

57 (No. 3) CLEVELAND STATE LAW REVIEW, 2009

• Charles, Patrick J., “Arms for Their Defence”?: An Historical, Legal, and Textual Analysis of the English Right to Have Arms and Whether the Second Amendment Should Be Incorporated in McDonald v. City of Chicago.

• Tress, Will, Unintended Collateral Consequences: Defining Felony in the Early American Republic.

• Boyce, Bret, Equality and the Free Exercise of Religion.

• Lahn, Jonathan, The Demise of the Law-Finding Jury in America and the Birth of American Legal Science: History and Its Challenge for Contemporary Society.

• Katz, Aaron, A “Moving Bar” Approach to Assessing the Admissibility of Expert Causation Testimony.

• Gold, Mike N., Thomas Jefferson, We Have a Problem: The Unconstitutional Nature of the U.S.’s Aerospace Export Control Regime as Supported by Berstein v. U.S. Department of Justice.

• Note:
  • Schwin, Kevin, Toward a Plain Meaning Approach to Analyzing Title VII: Employment Discrimination Protection of Transsexuals.

    
    

• Bobroff, Rochelle, Ex parte Young as a Tool to Enforce Safety-Net and Civil-Rights Statutes.

• Copeland, Charlton C., Ex parte Young: Sovereignty, Immunity, and the Constitutional Structure of American Federalism.

• Leonard, James, Ex parte Young and Hard Times.

• McCormick, Marcia L., Solving the Mystery of How Ex parte Young Escaped the Federalism Revolution.

• Purcell, Edward A., Jr., Ex parte Young and the Transformation of the Federal Courts, 1890-1917.

• Sloss, David, The Constitutional Right to a Treaty Preemption Defense.

• Solimine, Michael E., Ex parte Young: An Interbranch Perspective.

• Note and Comments:
  • Neary, Colleen, Hall v. Nalco Co.: Protection for Women Unable to Conceive Naturally.

  • Vartanian, Jessica R., Confessions of the Church: Discriminatory Practices by Religions Employers and Justifications for a More Narrow Ministerial Exception.

  • Williams, Ayeola J., American Process for a Canadian Terrorist? The Future of Omar Khadr.

    
    

• Miller, Amy & Straquadine, Matt, Seven Sigma [United Technologies takes its quest to kill the billable hour to the next level. Plus: What Others Are Up To.].

• Whitney, Daniel W., In Defense of Hourly Billing.

• Let Me Speak: Allergan says that rules against discussing unapproved drug uses violate the First Amendment.

• Starting the Next Reel: The MPAA fires its general counsel to may way for a sequel.

• Pat on the Back: ACC’s board of directors elects a new chair.

• No Trespassing: Businesses need to protect their online data with clear terms of access agreements.

• Moves, A Big Bite: New Apple GC arrives at the table, finds a lot on his plate.

• He Knew What He Wanted: PMI Group’s GC, a former SEC enforcer, looks forward to becoming a “problem solver.”

• Sherman, Erik, In-House Tech: Cyber-Stalking the Bad Guys: Using everything from big-ticket software to Google alerts to track down IP theft.

• Lawyers Under Supreme Microscope: The Supreme Court has eight (count ‘em, right) cases this term about lawyering. Together they could have a profound effect on the way lawyers practice.

• Lobby Log: Who’s paying whom to say what?

• Global In-House: A Heady Deal: Two firms lead on CVC’s $2 billion buyout of AB InBev central/eastern European breweries.

• Deals & Suits.

• Zillman, Claire, Dream Jobs: It May Be a Man’s World, But...EVP and GC of The Miami Heat is a former tomboy, and a real team player.

  
  

• McDonough, Molly & Randag, Sarah, The Blawg 100.

• Bresnahan, Pamela A., et al., Practice Pitfalls.

• Davis, Jenny B. & Ward, Stephanie Francis, Legal Rebels.

• Chicago lawyers find new evidence about 1919 Black Sox scandal.

• Courthouse dog-service programs gain traction.

• Philly writer gets on courthouse mailing list.

• Postal service honors past justices.

• D.C. lawyer puts the rap on copyright infringement.

• Long-approved U visas take effect.

• Steve Keeva’s Transforming Practices is republished in a 10th anniversary edition.

• Iraq Law Alliance works in unchartered territory.

• California clogs its jails while New York’s court reform frees funds.

• Even in business-friendly Dubai, arbitration can take forever.

• Court eyes how far the anti-fraud law goes.

• Keep your case files up to date if you don’t want to get burned.

• Working couples face a difficult balancing act when children fall ill.

• Planning ahead is key when looking to sell a law practice.

• Social network sites provide loads of information-and raise a host of legal issues.

• SEC commissioner warns against cuts to in-house legal departments.

• New online service to provide ratings of arbitrators and mediators.

• Tips for optimizing your website to accommodate mobile users.

• ABA targets consultants who steer noncitizens afoul of U.S. immigration laws.

• First-ever National Pro Bono Celebration Week puts spotlight on unmet legal needs of the poor.

• ABA urges passage of measure aimed at curbing violence against women worldwide.

• It’s hard to be a mother in the shadow of Big Brother.

• The House approves two articles of impeachment against President Bill Clinton.

  
  

• Report of the Task Force on Business Activity Taxes and Nexus of the ABA Section of Taxation State and Local Taxes Committee:
  • Campbell, Colin Douglas, Jr., MeadWestvaco Corp. V. Illinois Department of Revenue: A States-Based Approach to Establishing Consistency in the Apportionment of Liquidation Income.

  • van Brederode, Dr. Robert F., A Normative Evaluation of Consumption Tax Design: The Treatment of the Sales of Goods under VAT in the European Union and Sales Tax in the United States.

  • Salama, Michael H., State Film Tax Incentives and the Related Potpourri of Federal Income Tax and Tax Accounting Considerations.

  • Okimoto, Reid S., Close but No Cigar: Is a Use Tax Valid in Gross Receipts Tax State under the Supreme Court’s Compensating Tax Doctrine?

• Notes:
  • Roth, Donald, Building a House in the Sand: The Intersection of Good Law and Bad Policy in First American Title Insurance Co. v. Combs.

  • Stewart, Katie, Property Tax Exemptions for Nonprofit Hospitals: The Implications of Provena Covenant Medical Center v. Department of Revenue.

    
    

• Buckley, Ross P., The Bankruptcy of Nations: An Idea Whose Time Has Come.

• Olivares-Caminal, Rodrigo, Understanding the Pari Passu Clause in Sovereign Debt Instruments: A Complex Quest.

• Dowling, Donald C., Jr., U.S.-Based Multinational Employers and the “Social Contract” Outside the United States.

• Mercurio, Bryan & Leung, Celine Sze Ning, Is China a “Currency Manipulator”?: The Legitimacy of China’s Exchange Regime under the Current International Legal Framework.

• Chandler, Aaron M., BITs, MFN Treatment and the PRC: The Impact of China’s Ever-Evolving Bilateral Investment Treaty Practice.

• Onzivu, William, Tackling the Public Health Impact of Climate Change: The Role of Domestic Environmental Health Governance in Developing Countries.

• Comment:
  • Brown, Andrew C., International Adoption Law: A Comparative Analysis.

    
    

• Siegel, William R., Treatment of LLCs under the Passive Loss Rules-Getting it Straight.

• Grudzinski, Chester W., Jr., Consequences of Acquiring Distressed Real Estate Loans.

• Griffiths, D. Brock & Bentley, Lorin S., Avoiding a Groundhog Day Economy.

  
  

• Martens, Don W., Civil-and Smart.

• Gregory, Hayden W., Federal Circuit Decisions and Revisions: From State Street to Biliski (and Beyond?).

• Biller, Anthony J. & Bisk, Jennifer, Who Is Going to Own dotAmazon? The Pending Domain Name Land Grab.

• Hudis, Jonathan, et al., Why Trademark and Copyright Counsel Should Heed the Patent Precedent of the Supreme Court.

• Suchy, Donna P. & Smith, Gordon V., IP Assets in a Flat World...That Just Got Flatter in the Global Crisis.

• Roberts, Gwilym V., et al., Transatlantic Patenting.

• Tu, Shine S., et al., Squeezing More Patent Protection from a Smaller Budget without Compromising Quality.

• Resis, Robert H., Lessons to Learn from Post-KSR Pharmaceutical Obviousness Decisions.

• Young, Jeffrey E., Biliski and the Transformation of the Brain.

• Walker, Tiffany D., My JIOP Summer: The Ripple Effect.

• Buller, Daniel J. & Wittow, Mark H., Cloud Computing: Emerging Legal Issues, Data Flows, and the Mobile User.

• Gatz. John C., Recent Developments in IP Law.

  
  

• Borkman, James L., Officially Speaking: Run for a Division leadership position and lead by example.

• Binns, Erin, Jobs: An expert on etiquette for working professionals and students tells how to network with confidence at social events.

• Nevers, Shawn G., Legal Research: Don’t reinvent the wheel when you start your research. With legal treatises, the work’s been done already, and most often by an expert in the subject area.

• Shaw, Lori E., Professionalism: Despite the heavy demands of law school, law students are taking the lead on making meaningful pro bono work accessible.

• Thompson, Will, Opinion: Use this winter break to gain legal experience that will help you in your future career.

• Zaylia, Jessie, Why Ask Why Twice?: A third year law student introduces a way to analyze questions and read cases to find the most accurate answers and improve law school exam performance.

• Hines, Laura J., The Five-Year Itch: Lawyers have a skill set that allows them to write and rewrite the many chapters of their professional careers as often as they feel the itch.

11/23/09

36 (No. 3) HUMAN RIGHTS, SUMMER 2009

• Joslin, Courtney G., The Evolution of the American Family.

• Elrod, Linda D., The Federalization of Family Law.

• Minter, Shannon Price, Interstate Recognition of LGBT Families.

• Bonauto, Mary L. & Wolfson, Evan, Advancing the Freedom to Marry in America.

• Maillard, Kevin Noble, Miscegenation: An American Leviathan.

• Hollinger, Joan Heifetz & Cahn, Naomi, Forming Families by Law: Adoption in America Today.

• Todres, Jonathan, Family Integrity and Children’s Rights: A UN Convention Perspective.

• Wilder, Bruce L., Assisted Reproduction: Preserving Families and Protecting the Rights of Individuals.

• Galles, Kristen, Human Rights Heroes Evan Wolfson and Mary Bonauto.

  
  

• Jordan, Jennifer C., Medicare Secondary Payer Enforcement: Shifting the Burden of Medicare to the Private Sector.

• Summerhill, Michael J. & Chandler, Aaron M., Medical Device and Pharmaceutical Company Representatives in Operating Rooms: Understanding the Theories of Liability.

• Grantham, Jeffery M., Injunctive Relief under Federal Rule of Civil Procedure 23(b)(2): Recent Industrial Life Litigation Sheds More Light.

• Narwold, William H. & Jasinski, Mathew P., Hybrid Class Actions: Bridging the Gap between the Process Due and the Process that Functions.

• Magratten, Brooks, et al., How Do Courts Calculate Attorney Fee Awards?

• Arsenault, Richard J. & Whaley, J.R., Multidistrict Litigation and Bellwether Trials: Leading Litigants to Resolution in Complex Litigation.

  
  

• Folberg, Jay, Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth.

• Moore, Marie A. & Capitelli, Andrew R., Landlord Lease Remedies: What are the Landlord’s Default Rights and What Can It Recover?

• Bannen, John T. & Occhetti, Kristin A., Health Savings Accounts: The New Asset on the Estate Planners’ Checklist.

• Rapkin, Eric D. & Wamsley, Andrew J., Walk the Line: MJP, UPL, and Commercial Leasing Lawyers.

• Forsberg, William S., Asset Protection and the Limited Liability Company: Not the Panacea of Creditor Protection That You Might Think!

• Linquanti, Richard C., A Brief Survey of Continuing Issues with the Interstate Land Sales Full Disclosure Act: Will the Fat Lady Never Sing?

• Parker, Kevin J., Trustee Defenses: Statute of Limitations, Laches, Self-Executing Accounting Release Provisions, and Exculpatory Clauses.

• Abrams, Karen E., “Memorandum of Lease” Clause: More Than Just Boilerplate.

  
  

• Maydew, Gary L., Recent Cases Favorably Apply Passive Activity Loss Rules to LLC Interests.

• Placid, Raymond L. & Pacini, Carl, Tax Preparer Penalties: What is Reasonable for Compliance Purposes?

• Werner, Edward M. & VanDenburgh, William M., Evaluating Fixed-Rate Annuities Today: Are There Better Alternatives?

• Sierk, R. Wesley, III, Alaska Community Property Trusts Offer Estate Tax Benefit.

• Pozzuolo, Joseph R. & Leggieri, Lisa A., Adapt Estate Planning Strategies to Fit the Needs of Same-Sex Couples.

  
  

• Rubin, Karen E., Can e-mail disclaimers help avoid a privilege waiver?

• Beougher, Stephanie, A new option in health insurance.

• O’Donnell, Justice Terrence, Mentoring: A call to action.

• Departments:
  • Statehouse Connection [A return to civility (in our society and our Statehouse)].

  • Did You Know? [Walk the new line: Changes to Ohio’s line fence law.].

  • Affiliate Connection [Ohio State Bar Foundation recognizes 2009 award recipients; High School Mock Trial program seeks district and regional coordinators.].

    
    

• Wilcox, Deborah & Esmont, Joseph M., Dealing With Consumer-Generated Content on Social Networking Sites.

• Baum, Lewis & Cookson, Ken, What you need to know about the Red Flags Rule-Identity Theft Protection Programs.

• Linton, Robert F., Jr., Recovering and Proving Damages after Tort Reform.

• Drake, Molly A. & Carter, Kevin R., Simplifying Expert Witness Discovery: Proposed New Federal Civil Rule 26.

• Butler, Kevin M., Settle It Right: Finish the Case with a Well-Crafted Compromise.

• Farewell to D. Larkin Chenault.

• David B. Webster Greener Way to Work Day.

• Mercer, Harry D., Comments on the Commercial Docket Pilot Project in Ohio: An important decision on transfers to the commercial docket noted.

• Kenneally, Terrence J. & Barto, Victoria D., Tort Reform in Ohio-Will Persistence Finally Pay-Off?

• Develop Leadership Skills with the CMBA.

• Young Lawyers: Lessons from the Boys.

• Walburn v. Dunlap: Applying the Final Appealable Order Statute to Declaratory Judgments in Insurance Cases.

• World’s Best Kept Secrets Revealed! (3).

• Justice for All: Turn the Corner.

  
  

• Gilfix, Michael, Don’t Give Directly to Special Needs Relatives.

• Walsh, Amy, Do Your Clients Still Have Hidden Foreign Accounts?

• Kirschner, Elyse G., FBAR Problems and Proposed Solutions.

• Angkatavanich, N. Todd & Vergara, Edward A., Gift Tax Cost Depends on Form and Substance.

• Sanna, Dina Kapur, Calling for Clarity on NRAs’ Partnership Situs.

• Jones, Paula M., Soften the HEARTS’s Blow: A guide to dealing with the exit tax.

• Bove, Alexander A., Jr., Should Your Client Have a Non-Charitable Foundation?

  
  

• Taslitz, Andrew E., Priming Postconviction Representation.

• Primus, Eve Brensike, Procedural Obstacles to Reviewing Ineffective Assistance of Trial Counsel Claims in State and Federal Postconviction Proceedings.

• Raeder, Myrna S., Postconviction Claims of Innocence.

• Ridolfi, Kathleen “Cookie” & Gordon, Seth, Gubernatorial Clemency Powers: Justice or Mercy?

• Smyth, J. McGregor, Jr., From Arrest to Reintegration: A Model for Mitigating Collateral Consequences of Criminal Proceedings.

• Departments:
  • Chair’s Counsel, The Evolving Prosecutor: Broadening the Vision, Expanding the Role.

  • Trial Tactics: Miranda: The Functional Equivalent of Interrogation, and Taint.

  • Ethics: Amend Rule 11 to Require Disclosure.

  • Federal Sentencing: Standards of Proof at Sentencing.

  • Cert Alert: Supreme Court Cases of Interest.

  • Rules Alert: Technology-Related Rules.

  • Scientific Evidence: Right of Confrontation: Lab Reports.

  • Section News : Fall Conference Addresses Sentencing and Reentry Issues.

    
    

• Neff, Donna S.M., Fine-Tuning Human Resources: Top Tips for Frugal Law Firms.

• Rey, Jorge, Managing Employee Terminations.

• Raimondo, Luke, Trimming Facilities Costs: Creating Leverage with Your Landlord.

• Stretching Your Marketing Dollars.

• Dowell, Rodney & Mazzone, Erik, A Lawyer’s Social Networking Toolbox.

• D’Itri, Diana, Growing Your Practice with Online Video.

• Esposito, Frederick J., Jr., Controlling Accounts Receivable.

• Ando, Emiko S., Handling Billing Disputes: Turning Clients’ Concerns into Opportunities.

• Frontlines: Are Law Firms Doing Enough to Protect Their Data?

• Denney, Robert W., Trends: The Rise of Virtual Law Firms.

• McKenna, Patrick J., Strategy: Tune in to Your Clients’ Radio Station.

• Burton, Paul H., Five Things: Small steps to improve your productivity and gain more time.

• Petro, Nerino J., Jr, Product Watch: A Real-Time Digital Pen System That Lets You Work Without Wires.

• Nelson, Sharon & Simek, John, Hot Buttons: Parting the Curtains on the iPhone’s Security Problems.

• Lambert, Greg, Legal Web 2.0: Harnessing Free-Flowing Competitive Intelligence through Social Media Sites.

• Tazioli, Alisa, Feature: Be the CEO of You.

• Duncan, Susan Saltonstall, Rainmaking: Dos and Don’ts of Cross-selling: The Best Way to Grow Revenue.

• Bilinsky, David & Calloway, Laura, Profitability: Putting Your Practice on the Right Road.

• Shannon, Marcia Pennington, Managing: Raising Morale: Essentials to Communicate in Critical Times.

• Flitton, Ed, Taking the Lead: Tiring and Retiring Partners: Working With Both.

  
  

• De Beer, Jeremy & Clemmer, Christopher D., Global Trends in Online Copyright Enforcement: A Non-Neutral Role for Network Intermediaries?

• Kaye, David H. & Gastwirth, Joseph L., Where Have All the Women Gone? The Gender Gap in Supreme Court Clerkships.

• Gastwirth, Joseph L. & Pan, Qing, Diaz v. Eagle Produce Ltd. Partnership: The Potential for and Limitations of Formal Statistical Analysis to Assist Courts When Drawing Inferences from a Relatively Small Data Set.

• Redman, Justin Nicholas, Post Tiffany (NJ) Inc. v. eBay, Inc.: Establishing a Clear, Legal Standard for Online Auctions.

• Roberts, Troy, On the Radar: Government Unmanned Aerial Vehicles and Their Effect on Public Privacy Interests from Fourth Amendment Jurisprudence and Legislative Policy Perspectives.

  
  

• Lamm, Carolyn B., Diversity and Justice: Promoting Full and Equal Participation in the Legal Profession.

• Reynolds, Suzanne, An Interview with Justice Ruth Bader Ginsburg.

• Torres-Spelliscy, Ciara, A Bench That Looks Like America: Diversity Among Appointed State Court Judges.

• Chin, Justice Ming W., Looking Ahead on the Journey for Diversity.

• Manuel, Judge H. Alexander, The Complexion of Justice: A Judge’s Role.

• Lopez, Judge Jose M., Living on the Diversity Track: On the Evolution of a Bilingual, Multicultural Approach to Judging.

• Reddick, Malia, et al., Racial and Gender Diversity on State Courts: An AJS Study.

• Fucheck, Andrea Leahy, How One State Enhanced Diversity on the Bench: The Merit Selection Process in Maryland.

• Dixon, Judge Herbert B., Jr., Two Monitors Are Better Than One.

• Greenstein, Marla N., A Diverse Bench, A Broader View: The Premise of Diversity.

  
  

• Lipton, Richard M., Deferral of COD income: IRS provides exclusive procedures for the Section 108(i) election.

• Cummings, Jasper L., Jr., Liquidation, reorganization, or both: Unrestrained complexity is not a joy.

• Packman, Kevin E., Noncompliance after the IRS Offshore Income Reporting Initiative-what options remain?

• Zeydel, Diana S.C. & Blattmacher, Jonathan G., Tax effects of decanting-obtaining and preserving the benefits.

• Wooldridge, David M., et al., Kiva Dunes-making and substantiating the value of conservation easements.

  
  

• Harvel, Brian D., The Report of Foreign Bank and Financial Accounts: So what’s all the fuss about?

• Mendelsohn, Frederic A. & Stanton, Aaron H., Combating gray market goods: Using the Lanham Act to protect your clients.

• Classen, H. Ward & Sullivan, James M., Software licensing in a troubled environment: Reducing exposure to financial liability.

• Ball, Stephen & Chapman, Kathy, Ongoing IP due diligence: The duty to protect valuable corporate assets.

• Chesler, Susan M., Drafting effective contracts: How to revise, edit, and use form agreements.

• Steiger, David A., The rise of global legal sourcing: How vendors and clients are changing legal business models.

• Simmons, Rutledge A., What is community economic development today? Several professionals offer perspective.

• Cunningham, John M., Reforming LLC fiduciary law: A brief for the unrepresented.

• Departments:
  • Snap Judgements.

  • Keeping current: securities.

  • Train for the future.

  • Speaking volumes.

  • Nonbinding opinion.

    
    

• Raymond, Nate, Less than Zero.

• Frankel, Alison, Blood Money.

• Hallman, Ben, Touch-Up Job.

• Bar Talk:
  • Beck, Susan, Free Thinker [The late Craig Johnson’s enduring legacy.].

  • Did Toyota destroy evidence? Plaintiffs want to know.

  • Andrew Cuomo: So many cases. So little time.

• Departments:
  • The Churn [High-profile moves in The Am Law 200.].

  • Big Deals [Baker Hughes/BJ Services; Disney/Marvel; Silver Lake/Skype].

  • Big Suits [Pfizer pays $2.3 billion to settle improper marketing claims; a jury finds for Versata over SAP.].

• New Business [Clifford Chance helps Suntory buy Orangina Schweppes; Simmons taps Weil for Chapter 11.].

• Cohen, Alan, Am Law Tech [In an effort to cut costs, firms are-finally-considering novel technologies, our annual CIO survey finds.].

• Kelley, Robert & Chew, Pat, Management [With training, so-so performers can grow into stars.].

• Schuck, Peter, Arguments [The case against John Yoo is bad law, bad public policy, and bad thinking about professional ethics.].

  
  

• Under the Eaves: Probably Not the Right Time for Silliness.

• O’Donnell, Terrence, et al., New Legislation Allows Municipal Financing of Solar Improvements.

• Gotherman, John E., Part Two: Municipal Home Rule.

• Becerra, Carlos, Municipal Action Guide to Help Cities Support Foster Youth Transitions.

• Berndt, Carolyn, EPA Finalizes Nation’s First Greenhouse Gas Reporting System.

11/09/09

44 (No. 2) REAL PROPERTY, TRUST AND ESTATE LAW JOURNAL, SUMMER 2009

• Akers, Stephen R., et al., Creating Intentional Grantor Trusts.

• O’Neal, Nicole C., The Development of Islamic Finance in America: The Future of Islamic Real Estate Investment Trusts.

• Stein, Joshua, An Update on the Bankruptcy Law of Large Letters of Credit for Leases.

• Manns, F. Philip Jr., New Reasons to Remember the Estate Taxation of Reversions.

• Martin, Joanne, The Nature of the Property Curriculum in ABA-Approved Schools and Its Place in Real Estate Practice.

  
  

• SYMPOSIUM ON MILITARY LAW
  • Booth, Joseph W., A Guide for Assisting Military Families with the Uniform Interstate Family Support Act (UIFSA).

  • Camp, William J., Health Care Options for Former Military Spouses: Tricare and the Continued Health Care Benefit Program (CHCBP).

  • Somerville, Kathlene J., The Military Report Card Concerning Domestic Violence and Sexual Assault, Including Compliance with the Lautenberg Amendment.

  • Coyne, Kristen MH, et al., The SCRA and Family Law: More Than Just Stays and Delays.

  • Douglass, Lauren S., Avoiding Conflict at Home when There is Conflict Abroad: Military Child Custody and Visitation.

    
    

• Friedel, David B. New Solutions to Old Problems When Selling Member of Consolidated Group.

• Garcia, John P., ‘Green’ Corporate Tax Incentives-Wind Technologies.

• Lyon, Andrew, et al., Measuring the Impact of Key International Tax Proposals: The Importance of Modeling.

• Burmester, Kristen & Smiley, Stafford, International Developments: 2009 Treaty Developments.

• Bailine, Richard W., Private Letter Rulings: Time for the IRS to Invest in Investment Companies.

• Bernstein, Robert S., Instruments, Techniques & Transactions: Using Poison Pills to Protect Tax Attributes.

• Kobos, Adam C., Recent Developments: ARRA Alters the Landscape of Renewable Energy Project Finance.

• Rizzi, Robert A., Corporate Organizations & Reorganizations: Midco or Bust.

• Lohbeck, Meredith A., Compensation & Fringe Benefits: Recent International Developments Affecting the Taxation of Equity Compensation.

  
  

• Wachler, Andrew B. & Fehn, Amy K., The HITECH Breach Notification Rules: Understanding the New Obligations.

• Stearsman, Daniel, Race and Ethnicity: BiDil at the Intersection of Health Disparities, Pharmacotherapy, and Law.

• Cunningham, John, The Practical Pitfalls of Exclusion as Applied to Individual Health Care Providers, Client Entities and their Counsel.

• Retkin, Randye, et al., Medical Legal Partnerships: A Key Strategy for Mitigating the Negative Health Impacts of the Recession.

• Schmid, Kim M. & Bohnen, Shane V., Genetic Drugs and Preemption after Wyeth v. Levine.

  
  

• PRODUCTS LIABILITY
  • Douglas, Darcy & Ammons, Rob, Rhinos and rollovers.

  • Bograd, Louis M., W(h)ither preemption?

  • Healy, Martin Jr., et al., Uneasy Rider.

  • Robinson, Mark P., Jr. & Calcagnie, Kevin F., A Catalyst for safety.

  • Peddie, Collyn A., Confessions of an ex-defense lawyer.

  • Trial Trends: More workers look to lawsuits for paycheck protection.

  • President’s page: In defense of truth-seeking.

  • Justice in motion.

  • Supreme Court review: A new term, a new justice.

  • Reflections: A misguided mission to revamp the rules.

  • Tech brief: Are you ethically bound to be tech-savvy?

    
    

• Stodder, Seth M.M. & Rippeon, Nicolle Sciara, State and Local Governments and Immigration Laws.

• Warner, Mildred E., Regulatory Takings and Free Trade Agreements: Implications for Planners.

• Whitcomb, Christopher M. & Huett, Mary Lynn, Recent Developments in Regulatory Takings Jurisprudence.

• Jorgensen, James D. & Helms, Lelia B., Recent Developments in Public Education Law: Postsecondary Education.

• Hupp, Erin Burg, Recent Trend in Green Buildings Laws: Potential Preemption of Green Building and Whether Retrofitting Existing Buildings Will Reduce Greenhouse Gases and Save the Economy.

• Foster, Robert B., What the Meaning of “May” May Be: Recent Developments in Judicial Review of Land Use Regulation of Cellular Telecommunications Facilities under the Telecommunications Act of 1996.

• Gowder, W. Andrew, Jr. & Wenter, Bryan W., Recent Developments in Exactions and Impact Fees.

• Salkin, Patricia E., 2009 Ethical Considerations in Land Use.

• Sullivan, Edward J., Recent Developments in Comprehensive Planning Law.

• Thomas, Robert H., Recent Developments in Public Use and Pretext in Eminent Domain.

• Wilson, Paul D. & Alcarez, Jennifer K., When Can Unruly Speakers at Public Hearings Be Forced to Leave or Be Quiet?

  
  

• Publisher’s Editorial Staff, Record-Keeping Requirements of the Resource Conservation and Recovery Act.

• Shapiro, Carl, Competition Policy in Distressed Industries.

• Publisher’s Editorial Staff, E-Commerce Case Law Update.

• Publisher’s Editorial Staff, Rules of Origin under U.S. Customs Laws.

• Publisher’s Editorial Staff, Checklist for Drafting Change of Control Agreements.

• Mullins, Edward M. & Giuliano, Douglas J., Leftover Fries, a Short Stack and a Pair of Shoelaces.

• Zitter, Jay M., Liability for Backdating of Stock Options under Securities Exchange Act of 1934, §10(b), 15 U.S.C.A. § 78j(b), and 17 C.F.R. § 240.10b-5.

• Quarterly Updates
  • Antitrust Law.

  • Employee Benefits Law.

  • Employment Law.

  • Environmental Law.

  • Intellectual Property Law.

  • International Law.

    
    

• Reisinger, Sue, Was He Listening? [Bank of American-Merrill Lynch merger].

• The Comeback Company [Siemens tries to recover from a bribery scandal by striking an alliance with its rivals].

• Head-on Collision [The battle between Toyota and a former in-house lawyer turns nasty].

• The Valley’s Toughest Jobs [Apple hires yet another general counsel. His predecessors haven’t lasted very long].

• Blogger Beware [A defamation suit involving an ex-lawyer’s blog post against Cisco ends in a secret settlement].

• Moves: Fuel for the Fire [A veteran antitrust attorney goes in-house to assist a troubled energy giant].

• Profile: Top of the Heap [For the new legal chief at Republic Services, it’s all in the stars].

• Atkins, Shanti & Bowman, Reid, Legal Manager: Sexual Harassment 2.0 [How to combat sexual techno-harassment in the workplace].

• Sherman, Erik, In-House Tech: There’s No Place Like Home [Videoconferencing is so good now that it makes travel seem irrelevant-almost].

• DC Watch: The Real Foggy Bottom [The Office of Special Counsel has been leaderless for more than a year. Lawyers and their whistle-blower clients wonder whether it will ever become a vigorous agency].

• Lobby Log [Who’s paying whom to say what?].

• Global In-House.

• Sadowski, Emma, et al., Preferential Treatment, for Some [UBS puts select firms on the fast track; Nestle unveils U.K. counsel. But Zurich Financial Service dumps dome former outside providers.].

  
  

• Goldberg, Matthew A., Blawgers Eye Ruling as Protection from Advertising Restrictions.

• Williams, Tiffany M., Facebook: Ethics, Traps, and Reminders.

• Harris, Duchess, Clerk-Loaning” Program Sparks Ethical Debate.

• Sestile, Lindsay M., The Red Flags Privacy Rule.

• Carnathan, Sean T., Attorney-Client Privilege Trumps Workplace Regulations.

• Drummond, Mark A., Brian Science for the Courtroom: Tips for Attention and Retention.

• Fax, Charles S., “Sunshine in Litigation Act” Might Finally See the Light of Day.

• Berman, Michael D., Motions to Compel ESI Denied: Courts Balance Benefits and Burdens.

  
  

• Schmitt, Richard B., A Death in the Office [Mark Levy].

• Morrissey, Siobhan, et al., Legal Rebels.

• Gordon, Leslie A., Green Achers [solo attorneys in small towns].

• Cohen, Deborah L., So You Want to Go Solo? You Sure?

• Ford, Michael R. & Zarlenga, Lisa M., The Bad-Debt Blues.

  
  

• Van Eecke, Patrick, Electronic Identity Cards: The EGovernment Accelerating Factor in Europe.

• Luddy, William J., Jr., International Development of Technology-Related Law: “Toto, I’ve a Feeling We’re Not in Kansas Anymore”.

• Steele, Robert, Globalization, International Standards, and Intellectual Property Rights.

• Bro, Ruth Hill, Titanic Privacy Mistakes: Icebergs Looming for Multinational Companies.

• Kiviniemi, Pekka, Employer, Employee, and Email: The Finnish Way.

• Bro, Ruth Hill, CPO Corner: Harriet P. Pearson.

• Thomas, Calhoun “Reb” III, B-Tech Update.

• Bauer, Robert, E-Tech Update.

• Cottrell, Clara, Scitech Profile: Kimberly Kiefer Peretti.

  
  

• Binns, Erin, Resume Rules.

• Brady, Kathleen, Create a Roadmap.

• Borkman, James L., Officially Speaking [The Law Student Division advocates for its members, the legal profession, and beyond].

• DeVelder, Carla J., Jobs [You’re mistaken if you think your only option after graduation is to practice law or that you’ve somehow failed if you choose an alternative career].

• Smith, Kimberly H., Hot Practice [The job of the white-collar crime lawyer is never dull-every day brings something new and cases are often impacted by what is happening in the news].

• Garner, Bryan A., Legal Writing [Are you familiar with “hedonic tone”? If you communicate through writing, you should be. Find out why and how it applies for the legal audience].

• Jarmon, Amy L., Adviser [Reading and briefing cases are essential skills in the daily practice of law, and law school is the time to master these two skills-while a client’s time, money, or life is not at stake].

10/23/09

2 (No. 3) BAR JOURNAL OF THE CLEVELAND METROPOLITAN BAR ASSOCIATION, OCTOBER 2009

• Barry, Devin, Green Peer Pressure: Trendy or Troublesome?

• DeJohn, Meagan L., It’s in the Bag: What Suppliers and Sellers Need to Know about the Lacey Act and Toxics in Packaging Legislation.

• McWilliams, Douglas A., The Green Initiative Committee: Carbon Footprint Calculator for Legal Service Organizations.

• Pangrace, Martin J., How Green is Your Contract? Liability Issues in LEED™ and Other Environmentally Sustainable Construction Projects.

• Pro Bono Week.

• Rossman, Matthew, The Past, Present and Future of Euclid Avenue.

• Hyun, Cecilia, Valuation of Low Income Housing Tax Credit Properties for Real Estate Tax Purposes-an update from the Ohio Supreme Court.

• Sutter, Kimberly M., The Mortgage Crisis: The Effect of Foreclosures on Community Associations.

• From the President: Legal Aid Society: Equal Justice Under Law.

• Young Lawyers: What’s Your Niche?

• Justice For All: For the Good.

• Williams, Chris & Greenwell, Stacey, Volunteer Spotlight.

• View from the Bench: Judicial Profile: Hon. Patrick Carroll.

• My Life in 6-Minute Increments: Part III: The End of Suicide (4).

• The Cutting Edge: Moving Your Data to the Clouds.

• Paralegal Perspectives: Creating Synergy.

  
  

• Brust, Richard, No More Kabuki Confirmations: There are better ways to vet a Supreme Court nominee.

• Davis, Jenny B. & Zahorsky, Rachel M., Legal Rebels: Meet three more of the profession’s leading innovators.

• Filisko, G.M., 70 Sizzling Apps: Pump up your PC, PDA, and smart-phone with these lawyer-friendly favorites.

• Hansen, Mark, True Lies: Cutting-edge technology has renewed the search for a better lie detector. Some show promise, but they have yet to be tested in court.

• President’s Message: Dire economic conditions make the need for pro bono services even more acute.

• Opening Statements:
  • Fourth annual Fordham Law film festival kicks off.

  • Italian Embassy takes a lawyer, American-style.

  • “The Trust Factor” hist Southern California airwaves.

  • Chicago Bar Association’s young lawyers take the fitness challenge.

  • Kane Legal Clinic fills a need for services to the blind, looks to expand.

  • Legal sites of the City by the Bay.

  • A lawsuit bets a simple question: WWJD?

• The National Pulse: Small conferences want the BCS penalized for keeping them out.

• Look out, Harvard, Seton Hall grad makes it to clerk status.

• First Amendment, legal advice cases are on new term’s docket.

• Organize your evidence so it will have the most impact with the jury.

• Some ethics obligations go beyond constitutional requirement.

• Some lawyers find layoffs can have happy endings.

• Flex-Time Lawyers points the way to work-life balance.

• Tips for solos learning the ropes-and those fishing for business.

• A good read: Prosecutor Richard Ben-Veniste’s memoir stretches from Watergate to 9/11.

• Managing large attachments and other pesky e-mail dilemmas.

• U.N. initiative to fight genocide may be swimming against strong political ties.

• Project urges lawyers to put trees back in the ground.

• ABA pitches in to reduce delays in resolving disability claims.

• Defendants and plaintiffs alike seek the easy way out.

• Abolitionist John Brown goes on trial in Virginia.

  
  

• Wolf, David J., Employee Handbook “Must Haves”.

• Martin, James W., Why You Need an Employee Policy for Electronic Information.

• Law Office Staff Manual Checklist.

• General Employment Policies for All Staff, Associates & Partners.

• Karpf, Mitchell K., Chair’s Column: This Year’s for You.

• Hogan, Kathleen A., From the Editor: Launching Your Law Office Staff Manual.

• Rosen, Lee S., Tools of the Trade: Get the Cash in Hand.

  
  

• Williams, Gary, Winning the property insurance appraisal.

• Find the catch in the [insurance] contract.

• Hommel, Robert J., The case for bad faith in workers’ comp.

• Kanner, Allan & Casey, M. Ryan, What we learned from Katrina.

• Jackson, Gary, Managing cocounsel relationships.

• Trial Trends: Unsealed documents in Prempro case expose scope of ghostwriting.

• President’s Page: Kennedy’s cause lives on.

• Justice in motion.

• Supreme Court Review: Court rejects strip searches in schools.

  
  

• Pascua, Mark, Officially-Speaking: The new Law Student Division secretary-treasurer introduces this year’s Work-A-Day public service project theme and tells how to request Grant Program funds for a new program at your school.

• DeVelder, Carla J., Jobs: It’s who knows you-not who you know-when it comes to connecting with alumni for help with your job search.

• Nevers, Shawn G., Legal Research: These tips will help you conduct thorough legal research so you can excel when completing your academic papers.

• Shaw, Lori E., Professionalism: If you wouldn’t say something in front of your grandma, it’s probably not a good idea to post it for the world to see. Your online activity could affect your character and fitness review.

• Dunnewold, Mary, Alternative Dispute Resolution: It’s important to know everything you can about ADR upon graduating because more courts require it and more parties take advantage of its benefits than ever before.

• Filisko, G.M., How the Recession Has Reshaped Legal Recruiting, Part 2.

• Gerson, Donna, SEC Lawyer Talks Internships.

  
  

• Brabec, Todd & Brabec, Jeffrey, The New and Complex World of Television Music Licensing.

• Dekom, Peter J., Survival Tactics in Contracting Times.

• Jeffords, Laura, Evolution of a Company and a Legal Career: AEF and Ted Fikre’s Growth.

• O’Brien, Robert C. & Lugosi, Bela G., Update to the Commercial Value of Rights of Publicity: A Picture is Worth a Thousand Words...or Sometimes a Million Dollars.

• Gover, Alan S. & Silverbrand, Ian J., Phoenix Coyotes Bankruptcy Can Still Be Model for Trubled Sports Franchises.

• Wendt, John T., The Crisis of Doping in Equestrian Sport.

• Devlin, Michael, Alcohol-Endorsing Athletes Can Join Joe Camel and the Marlboro Man on the Bench.

• Tune, Cydney A. & Lockard, Christopher R., Navigating the Tangled Web of Webcasting Royalties.

  
  

• Gates, Sean & Leloudas, George, From Rome to Montreal in 57 Years: Worth the Wait?

• Howie, Irene E., Curing the Confusion: Who Regulates Government Air Medical Flight Safety?

• Trock, Jennifer E., The Relocation of Panama City Airport: A Model in Airport Development and Community-Based Sustainable Land Use Planning.

• Blount, P.J., If You Legislate It, They Will Come: Using Incentive-Based Legislation to Attract the Commercial Space Industry.