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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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