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: New York Supreme Court Criminal Term Library

New York Law Journal Featured Columnists November 12, 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> <a href="http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202425922219" target="_blank">Free With Registration: Computer Law</a> Wednesday, November 12, 2008 By Richard Raysman and Peter Brown "Richard Raysman, a partner at Otterbourg, Steindler, Houston & Rosen, and Peter Brown, a partner at Baker & Hostetler, write: Earlier this year, the last of the four major music labels offered its respective catalog for digital download to Amazon.com's music service in the MP3 format with no digital copy protections, giving users the ability to freely transfer songs to any portable MP3 music player. Afterwards, it was said that digital rights management was dead in the music business. However, despite the obituary written for DRM by some, it remains, in differing forms, a continuing part of the new distribution of media as music streaming and downloading services, as well as video sharing Web sites, continue to grow in popularity."  <a href="http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202425922149" target="_blank">Domestic Relations Law</a> Wednesday, November 12, 2008 By Leonard G. Florescue " Leonard G. Florescue, a partner at Blank Rome, writes: I recently looked again at O'Brien v. O'Brien (1985), seeking the language which discussed whether the valuation of a professional license was too speculative, and discovered a portion that I had never noticed before--despite having read the decision many, many times--that contained language with potentially vast implications." OUTSIDE COUNSEL: <a href="http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202425922186" target="_blank">A Call to Albany: It's Time to Amend the Donnelly Act</a> Wednesday, November 12, 2008 By Gordon Schnell and Sam Rikkers "Gordon Schnell, a partner at Constantine Cannon, and Sam Rikkers, an associate at the firm, write: Let's face it. The Donnelly Act - New York's antitrust statute; the state's "little Sherman Act" - is not worth very much these days. For all practical purposes, it can only be used by the attorney general or by a business that has been harmed by the challenged anticompetitive conduct. For everyone else, namely individual consumers - the very constituency the antitrust laws were designed to protect - the statute is pretty much off-limits." REAL ESTATE TRENDS: <a href="http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202425921964" target="_blank">Demonstrating The 'Irrational'</a> Wednesday, November 12, 2008 By Adam Leitman Bailey and Dov Treiman "Adam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey, P.C., write: The question now most often asked both in the judicial decisions and in the corridors of the courthouses has become, 'Although it cannot be denied that Article 78 assumes substantial judicial deference to administrative agencies, just how much deference to agency decisions is due?' While it is clear that the judicial function is not limited to being a rubber stamp for the agencies, such a large percentage of agency decisions are affirmed in the landlord-tenant context, that one is left to wonder just how egregiously wrong an agency must be before a court will step in to overturn it."

Full post as published by New York Supreme Court Criminal Term Library on November 12, 2008 (boomark / email).