Welcome to Legal Research, Fall 2024!
Tuesdays @ 10:30-12:30pm, Room 3-301
CLASS 11
IN-CLASS EXERCISE
A friend threw a party at his apartment in Queens. At one point the party got loud enough that one of his neighbors called the police who showed up to warn him to keep it down. Shortly thereafter most of the guests began to leave. A mutual friend, Trevor, who said he only had "a" beer and had driven in from Long Island left the party and went down to his car. It was parked in a small private parking lot owned by your friend's apartment building that was "first come-first serve." Trevor got in his car and had only driven two feet in reverse while trying to pull out of the parking spot in order to leave the parking lot when the same police pulled up behind him and put on the lights. They asked him to get out of the vehicle and administered a breathalyzer test, which he failed. He was then arrested.
Trevor has been charged with driving while intoxicated under NY Vehicle and Traffic Law § 1192(2). Trevor has an attorney, but the attorney never returns his calls and Trevor has no idea what is going on. He knows you can't give him legal advice, but he just can't believe that he could get a DWI for operating a car in a private parking lot, he hadn't even gotten to the street yet! His uncle told him that a friend of his had similar charges dropped a long time ago because you can't get charged while you are in a private parking lot.
Does this statute apply in a private parking lot? Try to see what you can find quickly - remember the recommended steps for a NY statutory issue in the Legal Research Mini-Playbook.
CLASS 10
Final Assignment & Local Rules
CLASS 9
READ
Chapter 8 in Progressive Legal Research
IN-CLASS ASSIGNMENT
We are handling a federal criminal case involving, among other charges, alleged false statements under 18 USC § 1001. The odd thing is that our client made no substantive statements, but simply denied certain allegations from federal investigators by saying “No, not true.” Nevertheless, they added false statement charges on the basis of such denials.One of the older attorneys said it reminded them of a case they had a long time ago, and there might be argument against a charge under § 1001 on the theory that it does not cover an "exculpatory no" or a mere denial. This will be in a federal District court coming under the 2d Circuit, if that matters, but don't confine yourself to the 2d Cir. alone.
Can you take a look to see whether this could potentially work to argue that the "exculpatory no" doctrine means that 18 USC § 1001 does not apply to our client?
You do not need to email it to me, just make sure you spend some time on it before next class. But do not spend more than one hour. We'll discuss it in some detail next week.
Thanks!
CLASS 8
IN-CLASS EXERCISE
Our small firm has been asked for legal advice from a labor activist known publicly as "Archibald," who calls himself a "non-violent labor activist." In his most recent "operation," he answered an ad seeking a "floor manager" at a manufacturing plant at a company long suspected of having abusive and exploitative working conditions. He claimed on his resume a lot of relevant experience and got an interview. As part of the interview, he was given a tour of the plant and secretly recorded the manufacturing floor and saw a number of unsafe working conditions. After he left the plant he did two things:" (1) he sent a copy of the video to the Occupational Safety and Health Administration (OSHA), who started an investigation; and (2) he uploaded the video to the internet and alerted the media, which ran several stories about it.
Since this "operation," he has received several threatening letters and phone calls and believes they are coming from people at the company. A friend of his who is a CUNY Law student thought of an interesting potential remedy for this problem which is why he has come to us for help: would Archibald be entitled to make a complaint against the the company under the OSHA whistleblower program even though he was just a job applicant? His CUNY Law friend found the statute, 29 USC § 660(c) (which is also known as Section 11(c) of the OSHA Act) which appears to forbid "discrimination" against whistleblowers for making complaints about unsafe working conditions under OSHA, but it only applies to "employees" so his friend didn't think that would cover Archibald, but told Archibald he should talk to an attorney.
Your supervisor thinks there may be a regulation that further defines the meaning of "employee" under the OSHA whistleblower law and sent you an email referencing 29 CFR 1977.1 et seq.
Use Westlaw Precision for this Exercise:
(1) What do the regulations say about whether persons protected by Section 11(c) includes applicants? (make sure you check regulatory scheme!)
(2) What is identified as the original (first) source for the relevant regulation - this will be a reference to the Federal Register under "Source"
Email me what you find at douglas.cox@law.cuny.edu.
READ
Chapter 8 in Progressive Legal Research
CLASS 7
CLASS 6 // Midterm Review
Catch up on any reading you haven't done, Chapters 1-7, Progressive Legal Research
Midterm Sample Questions (with explanations)
Consolidated Review Questions (Round 1, 2, and a few more, all with answers).
Explainers for In-Class Exercises 1, 2, 3
Statutory/legislative history citation examples
Case and statutory citation examples
CLASS 5
Review Questions (Round 2, with answers)
READ
Chapter 7, Progressive Legal Research
CLASS 4
Review Questions (Round 1, with answers)
IN-CLASS EXERCISE
Find the "Reducing Over-Classification Act" from 2010 (You can look it up in the Popular Names table, but it is easier to simply Google it and find the pdf)
1. What is the Public Law number?
2. Identify the Congressional bill from which the Act originated.
3. Where in the U.S. Code is § 7 of the Act codified (where does it live in the U.S. Code)?
4. What is the number of the Senate Report about the bill that became this law that was produced by the Committee on Homeland Security and Governmental Affairs?
Email me what you found at douglas.cox@law.cuny.edu
READ
Chapter 6, Progressive Legal Research
CLASS 3
IN-CLASS EXERCISE
Use Lexis for this one.
We represent a citizen of Panama who fled his country and is applying for asylum in the U.S. Relevant to his application are several episodes of mistreatment by Panamanian government officials based on allegations that our client was somehow involved in "anti-government" activities. We have been trying to document a specific episode in which Panamanian police detained our client and a senior Panamanian police official threatened to harm our client's family if he did not admit to certain illegal activities.
While trying to find out information about this police official, a lucky Google search revealed that he would be attending a regional security conference in San Juan, Puerto Rico next month. I want you to look into whether he might be liable for a crime here in the U.S. under the U.S. anti-torture statute.
Please use Lexis for this exercise. Specifically, I need you to research two questions, using just the text of the statute (not cases):
1. Can a threat to harm someone's family constitute a crime under the U.S. "anti-torture statute" -which you've learned is at 18 USC 2340A? Explain your answer in a couple of sentences citing to relevant section(s) (remember to check statutory scheme (using "Table of Contents") to see if there is, for example, a definitions section).
2. Regardless of the answer to issue (1), would that statute allow U.S. jurisdiction over a Panamanian official for actions against a Panamanian citizen (our client) while in Panama while that official is in the Commonwealth of Puerto Rico, which is a U.S. territory? Explain your answer in a sentence or two citing to relevant provision(s).
Email me what you find to Douglas.cox@law.cuny.edu. Thanks!
READ
Chapter 5, Progressive Legal Research
CLASS 2
IN-CLASS EXERCISE
Use Westlaw for this one.
A convicted sex offender in Manhattan (the NY trial courts in Manhattan are appealed up to the First Appellate Department) was arrested about a year after getting out of prison for failing to register as a sex offender. He acknowledges that he did not register, but says he had no idea he was required to do so. Is this a defense or is failing to register a strict liability crime? In order to try to answer this question go to Westlaw, make sure the jurisdiction next to the big box is New York and then put in the following search
Email me (douglas.cox@law.cuny.edu) with a response as far as you get in our time in class.
DO
Make sure you have signed up for Westlaw, Lexis and Bloomberg accounts before next class. If you have any trouble doing so or getting in, let me know.
READ
Chapters 2, 3, 4 & Figure 7.1 (p. 130), Progressive Legal Research
CLASS 1
READ
Chapter 1, Progressive Legal Research (Dropbox link to download this book is in my email to you).