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: New York Supreme Court Criminal Term Library

New York Law Journal Featured Columnists October 29, 2008

By David Badertscher, PLL

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If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed. <a href="http://www.nylj.com" target="_blank">http://www.nylj.com</a> Subscription required for online access unless otherwise noted: <a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRUACQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVD" target="_blank">Civil Rights and Civil Liberties</a> Wednesday, October 29, 2008 By Christopher Dunn " Christopher Dunn, associate legal director of the New York Civil Liberties Union, writes that though law-enforcement officials have used Tasers for over two decades, neither the Supreme Court nor the Second Circuit has ever addressed constitutional restrictions on the use of these weapons. A few other federal appeals courts, however, have considered this issue, and the recent tragic events involving the NYPD warrant an examination of their views of Tasers and the Constitution. " <a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRUACQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVSR" target="_blank">Tax Appeals Tribunal</a> Wednesday, October 29, 2008 By Joseph Lipari and Debra Silverman Herman "Joseph Lipari, a partner at Roberts & Holland, and Debra Silverman Herman, of counsel at the firm, review a proposal, recently signed by the commissioner of the New York State Department of Taxation and Finance, to eliminate the 'Temporary Stay' exception beginning in tax year 2009. Those in New York for a limited time, such as students and employees temporarily assigned to their employer's New York office, should take note. OUTSIDE COUNSEL: <a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRUACQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVSA" target="_blank">Family Feud on Foley Square</a> Wednesday, October 29, 2008 By Alvin D. Lurie " Alvin D. Lurie, a tax attorney, writes that the U.S. Court of Appeals for the Second Circuit recently had to step in and settle a family squabble among eight of its district court judges who, in nine decisions (one judge wrote two) had split 5-to-4 over the arcane, but critical, issue whether the so-called cash balance pension design was inherently flawed by reason of impermissibly discriminating against older participants." REAL ESTATE TRENDS: <a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRUACQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVTT" target="_blank">Free With Registration: Lender Default</a> Wednesday, October 29, 2008 By Meredith J. Kane and Harris B. Freidus "Meredith J. Kane and Harris B. Freidus, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the risk to a borrower of lender failure is multiplied where a large construction loan is syndicated among many lenders, each of which is liable to fund only its proportionate share of the loan." TECHNOLOGY TODAY: <a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRUACQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVTW" target="_blank">A Reasonable Route to ESI Confidentiality</a> Tuesday, October 28, 2008 By H. Christopher Boehning and Daniel J. Toal "H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review a recent federal District Court decision holding that counsel may designate an entire document as "confidential" during discovery when only portions of that document contain confidential material, which offers some important guidance - and reassurance - for litigators. "

Full post as published by New York Supreme Court Criminal Term Library on October 29, 2008 (boomark / email).