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Sui Generis Sui Generis

Your online source for commentary on recent decisions and issues of interest to New York civil litigators and criminal defense attorneys in the Fourth Department and beyond.
By Nicole Black, Esq.

Post Frequency: 8.1/day

Last Entry: March 28, 2011 at 21:39:02

Recent Entries: 717

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Define That Term #271

Posted on February 17, 2008
Last Sunday's term was expropriation, which is defined as: n. a taking of property or rights by governmental authority such as eminent domain, possibly including an emergency situation, such as...


Legal Bits and Bytes--The Many Benenfits of a Remote Office

Posted on February 15, 2008
In this video I discuss how a remote office/flexible work schedule can actually be beneficial for both the employee and the employer in times of illness. This video is cross-posted at my new blog,...


Test Tube Babies Can Be Trust Fund Babies, Too

Posted on February 14, 2008
Technology has drastically changed the ways in which children can be conceived, and children can now be conceived in a laboratory long after one or both parents have died. Trusts and Estates law,...


The New York Legal News Round Up

Posted on February 13, 2008
It's just a few days until the weekend and time for the round up of interesting New York legal news headlines: Appeals Court Revives Fast-Food Lawsuit (AP) Title insurers face antitrust lawsuits in...


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It all depends on how you define ?marriage?

Posted on February 12, 2008
This week's Legal Currents column, which is published in The Daily Record, is entitled "It all depends on how you define ?marriage? " The article is set forth in full below and a pdf of the article...


The (halfhearted) New York Legal Blog Round Up

Posted on February 11, 2008
It's time for this flu-ridden blogger's halfhearted attempt at the weekly round up of interesting posts from my fellow New York law bloggers: Indignant Indigent: Other Significant AD 4th Department...


Define That Term #270

Posted on February 10, 2008
Alas, I skipped this post on Thursday, but I have an excellent excuse. My entire household, with the exception of our dog, has been battling the dreaded flu for the past week. It was all I could do...


Newly Enacted NY Subpoena Rule

Posted on February 09, 2008
CPLR 2303-a was recently enacted and became effective on January 1, 2008. This useful and time saving new rule simplifies the trial subpoena process by allowing a litigant to subpoena a party or a...


The NYCRR Now Available Online

Posted on February 08, 2008
As promised, the NYCRR is now available for free in its entirety here. Hat tip: The Sienko Law Office Blog.


The New York Legal News Round Up

Posted on February 06, 2008
It's time for the middle-of-the-week round up of interesting New York legal news headlines: Skyscraper Deaths Prompt New York to Plan New Rules (Bloomberg) Missing Woman Declared a Sept. 11 Victim...


Temptations of Utopia

Posted on February 05, 2008
This week's Legal Currents column, which is published in The Daily Record, is entitled "Temptations of Utopia" The article is set forth in full below and a pdf of the article can be found here. My...


Define That Term #269

Posted on February 04, 2008
Thursday's term was peace bond which is defined as n. a bond required as part of a court order to guarantee that a person will stay away from another person he/she has threatened or bothered. The...


The New York Legal Blog Round Up

Posted on February 04, 2008
It's time for the weekly round up of interesting posts from my fellow New York bloggers: Indignant Indigent: AD 4th Department Decisions of February 1, 2008 Juz the Fax: Second Circuit Says "No" To...


My Newest Blog

Posted on February 03, 2008
I'd like to introduce you to my newest blog: Women Lawyers--Back on Track. I started this blog with the intent of to providing women lawyers with resources and information about the legal field and...


Fourth Department Holds New York Must Honor Gay Marriage Originating in Canada

Posted on February 03, 2008
It's a decision that has already received much attention: Martinez v County of Monroe, 2008 NY Slip Op 00909. At issue in this decision was whether Monroe Community College properly denied health...


Legal Bits & Bytes 2

Posted on February 01, 2008
In this video, I discuss the following: Solo By Choice: How to Be the Lawyer You've Always Wanted To Be, by Carolyn Elefant Report: Ohio Inmate DNA Testing Flawed (AP) Discredited Canadian...


Define That Term #268

Posted on January 31, 2008
Sunday's term was bill of attainder, which is defined as: n. a legislative act which declares a named person guilty of a crime, particularly treason. Such bills are prohibited by Article I, Section 9...


The New York Legal News Round Up

Posted on January 30, 2008
The work week is halfway over and you know what that means--it's time for the round up of interesting New York legal headlines from the past week: Federal Judge Blasts Lawsuit 'Madness,' Finds Breach...


The High Price of Partisan Politics

Posted on January 29, 2008
This week's Legal Currents column, which is published in The Daily Record, is entitled "The high price of partisan politics." The article is set forth in full below and a pdf of the article can be...


Upcoming Appellate Advocacy Seminar

Posted on January 28, 2008
For all of you appellate attorneys out there--there's a seminar in sunny Florida that you should check out. The upcoming Appellate Advocacy Seminar is sponsored by the DRI and will be held in...


The New York Legal Blog Round Up

Posted on January 28, 2008
It's time for the weekly round up of interesting posts from my fellow New York blawgers: New York Attorney Malpractice Blog: Litigating against States (discusses First Department decision) New York...


Third Department Holds Miranda Violation Warrants New Trial

Posted on January 27, 2008
In People v VanPatten, 2007 NY Slip Op 10408, the defendant was convicted after jury trial of Making a Terrroristic Threat in violation of Penal Law 240.20. The defendant, while in custody on a...


Define That Term #267

Posted on January 27, 2008
Thursday's term was undisclosed principal, which is defined as: n. a person who uses an agent for his/her negotiations with a third party, often when the agent pretends to be acting for...


Useful Web Resource for NY Criminal Defense Practitioners

Posted on January 26, 2008
I recently discovered a summary of recent New York criminal law decisions handed down during the second half of 2007, authored by Albany attorney Michael P. McDermott from the law firm O?Connell and...


Legal Bits & Bytes

Posted on January 24, 2008
I'm taking another stab at video. Love it, hate it, ambivalent? Let me know. I'd greatly appreciate your feedback. In this video I discuss the following: Has AT&T Lost Its Mind? (Slate) Who's Cuddly...


Define That Term #268

Posted on January 24, 2008
The most recent term was determinable, which is defined as: adj. defining something which may be terminated upon the occurrence of a particular event, used primarily to describe an interest in real...


The New York Legal News Round Up

Posted on January 23, 2008
It's that time of the week--time for the round up of interesting New York legal news headlines from the past week: State Makes Bid to End Costly Tax-Refund Loans (NY Times via Consumer Law & Policy...


Blabbing About Blawging Over Beer and Beef

Posted on January 22, 2008
I've been meaning to post about this gathering for some time, but with the holiday rush and a vacation immediately following the holidays, it just fell to the bottom of my to-do list. In late...


Flashback to Law School

Posted on January 22, 2008
The Daily Record was not published yesterday due to the holiday, so tune in next Tuesday for the next installment of my Legal Currents column. In the meantime, let's take a brief jaunt back to law...


The New York Legal Blog Round Up

Posted on January 21, 2008
I'm back from Florida and am enjoying the brisk, windy chill of my hometown once again. My advice: stay inside, stay warm and enjoy today's round up of interesting posts from my fellow New York...


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