... the Board was clearly erroneous when it found that the councilperson registered as a resident of Lahaina, Maui in 2006, and lives and works there, and that he lacks a physical presence on Lanai. Standing. Hawaii's Election law, Hawaii Revised Statutes chapter 11 allows "any registered voter" to challenge another's registration with the County Clerk "for any cause," and "the person ruled against" by the Clerk may appeal to the Board of Registration. ...
July 3, 2009 01:03 pm
... drug companies bearing gifts to doctors a number of times (here, here, here) so when laws to ban such practices in Massachusetts and Vermont went into effect on Wednesday, we ... our buddy John, so far as we know), have organized opposition to the new laws-but recent history has not exactly been supportive of such efforts. As ... giving them "lavish weekends and trips to Florida, the 1996 Atlanta Olympics and Hawaii." "It's a winds-of-change bill," said Ken Libertoff, executive director of the Vermont ...
July 2, 2009 09:00 pm
... participant in the Associates Program. All referral fees earned on qualified traffic will continue to be paid as planned. But because the new law is drafted to go into effect once enacted - which could happen in the next two weeks - we will have to ... has forged on. The online giant also cut ties with Rhode Island and today, it just announced that it will cut affiliate ties with Hawaii. Quite the powerhouse line up (with apologies to my readers in Rhode Island, Hawaii and North Carolina). Are you ...
July 1, 2009 10:58 am
... . citizen by birth, and her brother are originally from the Philippines and are now serving with the Army National Guard in Hawaii. Their unit is currently deployed to Kuwait. In addition to American Samoa, the new citizens were born in the ... contact us to schedule your initial consultation with an experienced Virginia naturalization lawyer today. Our immigration law attorneys represent clients in Woodbridge, Manassas, Stafford, Alexandria, Arlington, Fredericksburg, Richmond, Fairfax and all of ...
July 1, 2009 08:11 am
The AP has reported the story of the ACLU invoking Hawaii's new shield law in opposing the Brescia subpoena of an individual who has been making a documentary of Native Hawaiian burial practices. The shield law, enacted last ... Alvarez, who for two years has been documenting Native Hawaiian burial practices. Alvarez is not a party in the suits. ... Under the shield law, Alvarez is protected from complying with the subpoena, said ACLU senior staff attorney Daniel Gluck. The ACLU has sent Brescia's ...
July 1, 2009 01:19 am
... claims have delayed [] construction." According to the article the subpoena encompassed "[n]early all of Alvarez's unpublished interviews and raw video footage." The ACLU and Honolulu lawyer James Bickerton are invoking Hawaii's "media shield law" in contesting the subpoena on behalf of Keoni Kealoha Alvarez. ... Bickerton said Hawaii's media shield law restricts lawyers from using subpoenas to compel protected ...
June 30, 2009 10:02 am
... relevant to Kauai County's suit alleging permit violations against a Hanalei boat tour operator - The State of Hawaii attempted to require boat operators to obtain permits to operate in Hanalei Bay and Hanalei River. A boat ... the Department revoked the plaintiffs' use permits. ... We conclude that the ban, in conjunction with the relevant federal shipping laws, violates the Supremacy Clause. Simply stated, the ban completely excludes the plaintiffs from conducting their federally-licensed tour ...
June 29, 2009 07:22 am

New Hawaii legal blog

(Planet Kaua`i)
Honolulu employment law and civil litigation attorney Roman Amaguin has a new (May 23) blog, Virtual Hawaii Employment Lawyer.
June 28, 2009 10:43 am
... feasible wind energy. For policy makers the hope is that technology will catch up with potential. For wind energy developers, Hawaii is well on its way to increasing wind power capacity. See Maui Wind Energy Producer Proposes Expansion and High Resolution Wind Resource Maps Show 92 MW Energy Potential for Oahu. Hawaii has adopted several laws to ease land use decisions and encourage investment in wind power facilities, for example: HRS Section 235-12.5, which provides a tax credit ...
June 27, 2009 01:21 pm
... the reasonableness standard, giving special consideration to the goals and responsibilities of our public schools. In Doe ex. rel. Doe v. Hawaii Dept. of Education, 334 F.3d 906, 908-909 (9th Cir.2003), cited by the Third Circuit, the Ninth ... school). Doe was decided after the California Supreme Court decision and makes no mention of it. The standard in the Ninth Circuit interpreting federal law must be followed. See Miller v. Gammie, 335 F.3d 889, 899 (9th Cir.2003)(neither a district court nor ...
June 27, 2009 12:44 pm

SSI-17

(IPBiz)
... the 97% patent grant rate and posited (among other numbers) an 85% patent grant rate. Thus, the Harvard Law Review15and the chief patent counsel of Intel16 referred to the conclusions of the first Quillen and Webster paper in the year 2003, ... Japan and Germany." AND In a different area, in the context of the plagiarism issue involving Professor Laurence Tribe of Harvard Law School,20 Professor Allan Dershowitz suggested there was a "cultural difference" between sourcing in the legal profession and ...
June 26, 2009 10:12 pm
... really nice attorney who's on LI with me @bschorr - not an attorney - smart IT tech/Outlook guy located in Hawaii @matthomann - attorney who travels the US helping make firms profitable @StefanieDevery - attorney and all around quality peep @odonnellsteve ... @charlesthomas PA criminal defense attorney/new solo @nikiblack - attorney/blogger/great sharer of interesting information @bren924 - in house law firm IT admin who reminds me why I'm happy I'm virtual @RossRunkel - law professor and tweeter of ...
June 26, 2009 05:47 am
... . 08-11 (cert. granted, June 15, 2009). On Judicial Takings, And The Hawaii Water Rights Backstory In Stop The Beach Renourishment - our summary of Robinson v. ... Cannon Beach, 510 U.S. 1207 (1994) ("As a general matter, the Constitution leaves the law of real property to the States. But just as a State may not deny rights ... (1958), neither may it do so by invoking nonexistent rules of state substantive law. Our opinion in Lucas, for example, would be a nullity if anything that a State court chooses ...
June 25, 2009 11:59 am
... on June 15, 2009, with the following questions presented: The Florida Supreme Court invoked "nonexistent rules of state substantive law" to reverse 100 years of uniform holdings that littoral rights are constitutionally protected. In doing so, did the Florida Court's decision ... the Florida Supreme Court, which is the subject of the appeal, is an excellent primer for littoral property rights, some of which may apply to Hawaii. Other related documents and pleadings are posted courtesy of SCOTUS Wiki.
June 25, 2009 11:05 am
... , however acquired, may not be transferred to nonappurtenant land. Because of the importance of this case to the development of the law on the subject of Hawaii's water resources, I have undertaken to present a detailed analysis explaining why McBryde I is ... mark and seaward boundaries with reference to the tides, as opposed to the run or reach of waves on the shore. For example, on the Island of Hawaii, the seaweed line was used to indicate the level of the high tides and high water mark. The ...
June 24, 2009 04:32 am

Hawaiian CNA Arrested for Sexual Assault

(Nursing Home Abuse Lawyer Blog)
A certified nursing assistant (CNA) at Kahala Nui nursing home facility in Hawaii was arrested on June 17, 2009 in connection with the sexual assaults of three elderly female residents at the facility. The man was arrested at the facility ... are residents of Hiolani Care, which is a skilled nursing facility at Kahala Nui. The CNA was fired on the day he was arrested. The Terry Law Firm is experienced in handling cases of nursing home sexual assault. Please contact us at 1 (888) 317-2525 or visit us ...
June 23, 2009 02:01 pm
... a person, but Martis himself is not. Because this is an issue of first impression in Illinois, the court cited cases from states including Hawaii, Mississippi, Indiana and Texas in which state courts held that medical providers are not intended third-party beneficiaries. It ... to Grinnell's contract. Thus, McDade wrote, she would affirm. The national consumer rights and class action law firm of DiTommaso-Lubin with offices in Chicago and Oak Brook, IL handles all types of consumer fraud and class- ...
June 22, 2009 11:26 am

Faculty Blogs: SLA, Part 3: Onions and Embassies

(University of Louisville Law Faculty Blog)
... has chosen Drupal for its content management system, which will be available to all chapters and divisions. This is the same CMS that the law school employs. Following the meeting, I joined a packed house for "Onion Editor Calls for an End to Reading". Scott ... , open-source solutions and browser issues. We were later joined by Kathleen Robertson, another astronomy colleague from Hawaii. Shortly after, I reported to duty at The Embassy Ball, an annual dance party hosted by the IT and Leadership and ...
June 22, 2009 10:15 am
... Guantanamo cases. And they are doing so partly under the Constitution and partly under the traditional federal habeas law that dates back to 1789. The Court ruled in Boumediene that Congress had invalidly suspended habeas, and so restored the right to ... the use of any funds to release an individual now at Guantanamo into the continental U.S., the District of Columbia, Alaska or Hawaii. ** It bars the use of any funds to transfer any Guantanamo prisoner to the U.S. for prosecution for a crime, or ...
June 21, 2009 08:16 am
... -- provided by the CDC -- goes as follows: Arkansas (1), Arizona (2), California (2), Colorado (5), Delaware (1), Hawaii (1), Iowa (2), Illinois (5), Kentucky (1), Massachusetts (4), Maryland (2), Maine (3), Minnesota (6), Missouri (2 ... South Carolina (1), Texas (3), Utah (2), Virginia (2), Washington (5), and Wisconsin (1). National food safety law firm Pritzker Olsen Attorneys is accepting cases from all states involved in the outbreak, which has sickened at least 66 people. Federal authorities ...
June 20, 2009 09:19 am