16. December 2010 09:28
In New York, a small business owner is in dispute over the name of his store. The name in question? Chocolate Library. His choice in name has been rejected over the idea that it will confuse or mislead people into thinking it was an actual library. A law in New York since 2006 states that the commissioner for education must be consented for use of the word "library" among other words in a certificate of incorporation or company name.
Curious, I checked Westlaw for this law. Within the Westlaw Directory I selected U.S. State Materials, then I did a search for New York. I selected New York Statutes Annotated (NY-ST-ANN). I did a natural language search: commissioner of education consent to company registration name library. The third result down gave me the following explanation:
Effective January 1, 2006, an LLC may not use words, such as “school,” “education,” “college,” “university,” “museum,” “arboretum,” “historical society,” “library” or other term restricted by Section 224 of the Education Law, or any abbreviation or derivative of any such word, in its name without the consent of the Commissioner of Education. This provision is subdivision (i) of Section 204. In addition, Section 216 of the Education Law was simultaneously amended by adding an undesignated paragraph which provides that a company (which would include an LLC) may not knowingly use, advertise or transact business with the word “museum” or “arboretum” in its name unless authorized by special charter or the Board of Regents. An LLC that had been using either “museum” or “arboretum” in its name prior to the January 1, 2006 effective date of this provision had until December 31, 2006 to obtain the requisite consent to use such word. A violation of Section 204(i) would be a misdemeanor.
(Links require Westlaw login credentials. From: McKinney's Limited Liability Company Law § 204)
Read the article here from the New York Times.
What do you think? Should the State Education Department have the right to consent over names of corporations or companies? Comment below!
13. December 2010 15:36
The Federal Government has gift ideas for the holidays on USA.gov that come from all branches of government. For example the US Supreme Court has ornaments and snow globes, the White House offers Presidential ornaments, and the US Treasury tops them all with 24-karat gold ornaments for the tree. Happy shopping.
Gifts and souvenirs from the U.S. government.
10. December 2010 09:50
Hello everyone! You're almost done with the semester! You can do it! Get through these last few weeks and then enjoy the holidays!
The Law Library has several changes to our hours in the next few weeks, so here's an update:
Saturday, December 11th
9:00am - 5:00pm
Sunday, December 12th
10:00am - Midnight (no reference hours)
Monday- Friday, December 13th- 17th
9:00 am - 5:00 pm (no reference after 5pm)
Saturday & Sunday, December 18th & 19th
As always, be sure to check our website for the most current hours!
9. December 2010 14:23
The Law Library has a small collection called the "Food for Thought Collection." The collection was inspired by a PSL professor and contains many non-legal books and a couple of DVDs. The professor begins each class with an excerpt from one of these books. The excerpts are meant to provide more insight on certain issues related to topics students may study.
The "Food for Thought Collection" is located on aisle 38 behind the Academic Success Collection. Books in the collection circulate for 7 days and the DVDs circulate for 24 hours. The following titles comprise the collection.
Affluenza : the all-consuming epidemic / John de Graaf , et al.--HN60 .D396 2005
The ascent of money [videorecording] : a financial history of the world /written and presented by Niall Ferguson --HG171 .F47 2009
The ascent of money : a financial history of the world / Niall Ferguson--HG171 .F47 2008
Beyond conviction [videorecording].--HV8688 .B49 2007
Crash course on money smarts : 15 laws of managing money and creating wealth / Larry J. Koenig--HG179 .K615 2006
The death of innocents : an eyewitness account of wrongful executions / Helen Prejean--HV8699.U5 P745 2005
Giving : how each of us can change the world / Bill Clinton--HM831 .C55 2007
The good women of China : hidden voices / Xinran translated from the Chinese by Esther Tyldesley--HQ1767 .X56 2002
The innocent man : murder and injustice in a small town / John Grisham--KF224.W5535 .G75 2007
The insanity offense : how America's failure to treat the seriously mentally ill endangers its citizens / E. Fuller Torrey--RC443 .T67 2008
The last lecture / Randy Pausch with Jeffrey Zaslow--BJ1595 .P345 2008
Making the most of your money / Jane Bryant Quinn--HG179 .Q57 1997
The millionaire next door : the surprising secrets of America's wealthy / Thomas J. Stanley, William D. Danko--HC110.W4 S73 1998
The new Jim Crow : mass incarceration in the age of colorblindness / Michelle Alexander--HV9950 .A437 2010
Overcriminalization : the limits of the criminal law / Douglas Husak--KF9223 .H87 2008
A remarkable mother / Jimmy Carter--E874.C375 C37 2008
The road to wealth : a comprehensive guide to your money : everything you need to know in good and bad times / Suze Orman--HG179 .O758 2008
So sexy so soon : the new sexualised childhood and what parents can do to protect their kids / Diane E. Levin & Jean Kilbourne--HQ792.U56L48 2009
The soloist : a lost dream-- an unlikely friendship-- and the redemptive power of music / Steve Lopez--ML418.A96 L66 2008
Tales of a fourth grade nothing / Judy Blume--PZ7.B6265 2007
To kill a mockingbird / Harper Lee--PS3562.E353 T6 2002
Touching Spirit Bear / Ben Mikaelsen--PZ7.M5926 To 2005
Your money or your life : 9 steps to transforming your relationship with money and achieving financial independence / Vicki Robin and Joe Dominguez--HG179 .D624 2008
Stop by and check out the Food for Thought Collection!
7. December 2010 14:55
The ownership of Dodgers Baseball Club is in play in the dissolution of the marriage of the McCourts. The question turns on the legal drafting of their post-nuptial agreement and the use of the words ‘inclusive’ verses ‘exclusive’ by their attorney, and provides a lesson in legal writing. Play Ball!