From the KZNLS and its libraries


2004
weblog for the week starting :

January

February

March

April

May

1 12 19 26

2

9

16

23

1

8

15

23

29

5

12

19

26

Friday 26 March

For something that happened almost five years ago, it is amazing that people still chatter about NEDCOR'S PURCHASE OF LAW FIRM EDWARD NATHAN & FRIEDLAND. It is even more odd that this deal, not enormously financially meaningful to the company concerned, is back in the spotlight with such a vengeance (Business Day 2004-03-18).

One of the main functions of the Home Owner Association (HOA) in a cluster or estate development is to protect the value of all the homes within it. Pelser, MD of Sable Homes, says HOA MANAGEMENT COMMITTEES SHOULD SET DOWN CLEAR APPEARANCE RULES right from the word go – especially with regards to what is acceptable on the common property. (Property24 2004-03-19).

Australia
After several years warning of dire consequences for record companies because of
RAMPANT MUSIC DOWNLOADING AND COPYING, the Australian Record Industry Association yesterday released sales figures for 2003 showing an increase of nearly 8 per cent (SMH 2004-03-19).

United Kingdom
The Law Society’s ruling council is due to meet on April 22 and May 13 to determine its
REACTION TO SIR DAVID'S CONSULTATION PAPER, released in advance of his decision on changes to the legal services market in June (The Lawyer 2004-03-25).

If you have large blue eyes, blonde hair, full fleshy lips and childlike features you are MORE LIKELY TO GET JOBS AND WIN COURT CASES, according to a study published yesterday (Telegraph 2004-03-26).

United States
"The Internal Revenue Service and Treasury Department are aware that some taxpayers who acquired stock on the open market for investment have been advised that they may be able to deduct as a theft loss the decline in market value of their stock caused by disclosure of accounting fraud or other illegal misconduct of the officers or directors of the corporation that issued the stock. The purpose of this notice is to
ADVISE TAXPAYERS THAT THE SERVICE INTENDS TO DISALLOW SUCH DEDUCTIONS AND MAY IMPOSE PENALTIES UNDER § 6662" (FindLaw 2004-03-26).

With fewer than 100 days to go before Iraq resumes its sovereignty, American officials say they believe they have found a LEGAL BASIS FOR AMERICAN TROOPS TO CONTINUE THEIR MILITARY CONTROL over the security situation in Iraq (New York Times 2040-03-26).

Thursday 25 March

A study has shown that NEARLY HALF OF STATE HOSPITAL PATIENTS IN THE COUNTRY ARE HIV-POSITIVE, AND 15% OF THE HEALTH WORKERS WHO LOOK AFTER THEM ALSO HAVE THE VIRUS (News24 2004-03-25).

In the 21st century, no government should be allowed to carry out ETHNIC CLEANSING, driving 700 000 people from their homes. If we turn away simply because the victims are African tribespeople who have the misfortune to speak no English, have no phones and live in one of the most remote parts of the globe, then shame on us (New York Times 2004-03-25).

United States
Michael A Newdow, a non-practising lawyer who makes his living as an emergency room doctor, gave a spell-binding performance as he told the Supreme Court that
THE WORDS "UNDER GOD" IN THE PLEDGE OF ALLEGIANCE ARE UNCONSTITUTIONAL AND OFFENSIVE TO PEOPLE WHO DON'T BELEIVE THERE IS A GOD (New York Times 2004-03-25). Newdow, 50, HELD HIS OWN a barrage of fast-paced questions. Chief Justice William Rehnquist threatened to clear the courtroom if spectators applauded Newdow a second time (FindLaw 2004-03-24).

Wednesday 24 March

Public Works Minister Stella Sigcau sounded a NEW WARNING TO FOREIGNERS ABOUT LAND OWNERSHIP yesterday, saying land should be sold only to foreigners who have SA's interests at heart (Business Day 2004-03-24).

If the Proudly SA group was genuinely serious, it would EXPOSE AND DISOWN EVERY GRUBBY PROFITEER IN SA (Finance24 2004-03-24).

Microsoft and the EU
The European Commission set a
PRECEDENT FOR PENDING AND FUTURE ANTITRUST CASES AGAINST MICROSOFT with its landmark ruling ordering the US software giant to change its business practices on Wednesday, EU Competition Competition Commissioner Mario Monti said. He told a news conference the decision contained provisions to prevent Microsoft circumventing remedies imposed on it, for example by offering discounts to computer makers who install its Windows operating system with Windows Media Player (Forbes 2004-03-24). Regulators hit the software giant with a fine of $613 million for violating European Union antitrust law and also order the unbundling of Media Player software from Windows : see CNet's index to this topic at http://news.com.com/2009-1016-5178068.html?part=dht&tag=ntop. While the European Commission this week goes through the final steps to conclude its five-year case against the Microsoft Corporation, the COMPANY'S LEGAL PROBLEMS IN EUROPE ARE FAR FROM OVER AND APPEAR TO BE ACCELERATING, antitrust lawyers and officials said (New York Times 2004-03-21).

United Kingdom
A
REPORT ON THE 55 000 ESTATE AGENTS IN ENGLAND AND WALES WAS HEAVILY CRITICISED yesterday for failing to suggest anything to clamp down on an industry seen by many as untrustworthy (Telegraph 2004-03-24).

Germany
From violinists to double-bass players, the strings of Germany's Beethoven Orchestra claim to work harder. They say they are being fiddled by their employers, the city of Bonn, and
SHOULD GET AN EXTRA $60 PER REHEARSAL OR PERFORMANCE TO REFLECT THE "EXTRA NOTES" THEY HAVE TO READ AND PLAY (Telegraph 2004-03-24).

United States
A California man who prosecutors say
PLANTED AN ELECTRONIC BUGGING DEVICE ON A COMPUTER at an insurance company was indicted on Tuesday on federal wiretapping charges in what prosecutors said was the first case of its kind (Forbes 2004-03-23).

South Korea
A South Korean court ruled on Wednesday that a newspaper advertising boss who died after years of excessive drinking had been
COMPELLED TO DRINK AS PART OF HIS JOB, making his family eligible for compensation (News24 2004-03-24).

Tuesday 23 March

United Kingdom
The government has failed to calm fears over its plan to plug
A LOOPHOLE IN INHERITANCE TAX and may find itself open to legal challenges. Gordon Brown, the chancellor, intends to make it more difficult for people to avoid inheritance tax by giving away assets but still enjoying the benefit of them (Herald 2004-03-22).

Canada
The Law Society of Upper Canada is planning to tighten
RULES COMPELLING LAWYERS TO ACT AS INTERNAL WHISTLE BLOWERS ON CORPORATE CLIENTS OR EMPLOYERS (Globe and Mail 2004-03-22).

United States
Patients taking antidepressants can become suicidal in the first weeks of therapy, and physicians should watch patients closely when first giving the drugs or changing dosages, federal regulators said yesterday.
The warnings are part of a PUBLIC HEALTH ADVISORY ISSUED BY THE FOOD AND DRUG ADMINISTRATION and are a reminder that antidepressants, taken by millions around the world, are not without risks. The agency is asking drug manufacturers to place detailed caveats about the drugs' side effects prominently on their labels (New York Times 2004-03-23).

Zimbabwe
A high court in Zimbabwe has heard an urgent application brought by lawyers representing 70 men detained in Harare on
CHARGES OF PLOTTING TO STAGE A COUP IN EQUATORIAL GUINEA for their case to be heard in an open court. Lawyer Jonathan Samkange on Sunday said he wanted his clients to appear at a public court in Harare, but state lawyers want the men tried in prison because of concerns over public security (M&G 2004-03-23).

Monday 22 March

The stark reality of the WEAKNESS OF THE STATE'S LAND REFORM POLICY was clearly revealed at this weekend's People's Tribunal on Landlessness and Rural Poverty, where 250 rural community leaders came together to hear the findings of the panel of judges (Business Day 2004-03-19).

Peter Miller writes that it is clear from the public debate that the "CAPITAL ISSUE" is a matter of serious concern to voters in the coming election. Unfortunately, however, many members of the public do not seem to understand the constitutional and legal issues pertinent to a resolution of the impasse and particularly the separate powers that may be exercised by the legislature on the one hand and the executive represented by the premier in executive on the other. It must also be clearly understood that the notion that a municipal council can simply declare the city it represents the provincial capital has no basis in reality, or in law (Witness 2004-03-19).

United Kingdom
Allowing pubs and clubs to open all hours could lead to
A RISE IN VIOLENT CRIME, disorder and nuisance, says a leaked report from the Metropolitan Police (Telegraph 2004-03-20).

United States
When a trial goes wrong, it's always easy to blame the trial lawyer. And some have accordingly faulted Martha Stewart's lawyer for the fact that she was recently convicted on all counts.
SHOULD MARTHA STEWART'S LAWYER HAVE STRONGLY ADVISED HER TO TESTIFY? and THE DANGERS OF UNDERESTIMATING A SMART JURY (FindLaw 2004-03-15 and 2004-03-19). 

 

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