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New York's New Accident Law In Practice
A new ruling came down from the New York Court of Appeals last month regarding particular driving activities and the liabilities surrounding them. In the past, if a motorist participated in reckless driving that caused an accident behind them, they were not responsible for any subsequent damages that may have occurred. The New York Daily News reported on the new law and how the reckless driver who causes any accidents behind them can now be held responsible.
A Malpractice Bill That Enables the Department of Health to Publicly Name Any Doctor Who Has Been Charged with Medical Malpractice
Also, physicians charged with misconduct by the medical conduct office may now be publicly named if the committee is unanimous in charging the doctor, something not currently done. Also, in the past, charges against physicians remained private until proven and the Medical Society of New York opposed naming doctors and using malpractice histories for investigations.??\n\nNow, the state can secure the medical records of those doctors suspected due to alcohol or drug abuse, the Health Department has greater power in halting dangerous practices without a hearing, and office-based surgeons must now report transmissions of blood-borne diseases.??
At the Stadium, Possession Is Some Tenths of the Law
Trolman, Glaser & Lichtman enjoys an outstanding reputation with people of every background, ethnic group, and profession in New York, including the bench and bar.
"For the Mutual Benefit" Language of Commercial Lease Found to Trigger Blanket Additional Insured Coverage in Favor of Landlord
Landlords often require their tenants to carry certain insurance coverages -- sometimes to the benefit of just the tenant, and sometimes to protect the landlord directly, as well. Such insurance requirements are usually found in the lease, and provisions concerning first- and third-party insurances vary widely. The responsibility of interpreting such provisions, if unclear and contested, is the courts'. This is such a case.
In a 3-2 decision issued back in May 2008, the Fourth Department found in favor of Ohio Casualty and ruled that its insured's landlord was not an additional insured under the tenant's CGL policy. The three-justice majority ruled that the tenant was not "required to name" the landlord as an additional insured because the parties' lease only required insurance "for the mutual benefit of" both the tenant and the landlord.
Mundane case interpreting the 21st Amendment with interesting concurrence
Admit it. You had no idea that the federal courts are hearing cases under the Twenty First Amendment to the U.S. Constitution, the amendment that repealed prohibition. I wasn't aware of this either, but the Second Circuit just issued a ruling that analyzes the Twenty First in the context of out-of-state wine sales in New York. Kind of interesting, to be sure, but even more interesting is the concurring opinion.
The case is Arnold's Wines v. Boyle, decided on July 1. The case addresses two competing constitutional amendments. The Twenty First says that you cannot bring intoxicating liquors into a state in violation of the laws of that state. The Commerce Clause, however, says that Congress shall regulate interstate commerce. So the Twenty First -- which grants states authority to regulate interstate wine commerce -- is an exception to the Commerce Clause, which broadly grants all other interstate commerce authority to Congress. The Court of Appeals (Wesley, Calabresi and Walker) holds that New York can legally enforce a statutory scheme which prohibits out-of-state wine retailers from selling directly to New York consumers; the liquor must first pass through an entity licensed by the state.
Guitar Styles to Consider When Learning Guitar
Just like there are different types of guitars, there are also different styles of play. While you may think that you’ve got an idea of a style you’d like to focus on before you even start learning, it is best to learn as many as possible and then use them all to draw on when you decide on a style you like best. When you learn to play guitar with the Learn and Master Guitar series, you’ll learn a myriad of styles to help you decide which one you like best. You’ll learn:
-Acoustic guitar
-Electric & rock guitar
-Classical and fingerstyle guitar
-Blues guitar
-Jazz guitar
-Country guitar and chicken picken’
-R&B and funk guitar
New York Assembly Passes Comprehensive Energy Strategy Bill
A recent press release from the NY State Assembly provides information regarding the Comprehensive Energy Strategy which was announced by Assembly Speaker Sheldon Silver and Energy Committee Chairman Kevin Cahill.
Media players plot survival in Sun Valley
The global recession, shrinking advertising sales and fears that the Internet could render big media empires obsolete provide an ominous backdrop for executives at this week's Sun
Obama agrees arms cuts, Afghan transit with Russia
Visiting President Barack Obama and Kremlin leader Dmitry Medvedev agreed a target for cuts in nuclear arms and a deal to let U.S. troops fly across Russia at the start of a trip intended
Learning the Guitar? Learn To Read Music!
Our latest YouTube installment shows instructor Steve Krenz playing along to musical notation for the song “Greensleeves”. If you are into your guitar training a bit, is this something you can play along with? Or is the way you’ve learned to play guitar leaving you without learning how to play along to music as well?
Finger Exercises For Guitar
A quick look into proper finger exercises for beginning guitar players.
Due to Recent Construction Accidents, Senators Call For Construction Reform
With the outbreak of construction accident fatalities all across America, nine senators have lead the charge towards reform. The senators, which include Patty Murray of Washington, Harry Reid of Nevada, and Barack Obama of Illinois, sent a letter to Labor Secretary Elaine Chao asking her to make initiatives to improve worker safety on construction sites. Also included in the requests was improved crane regulations which haven’t been revised since 1971. The steps taken by the senators is in part due to the perceived lack of action by the current administration to make changes to the regulations on the books.
Iran’s Tiananmen: 5 Reasons We MUST Support Iranian Citizens on Saturday
The world is watching as push comes to shove in the streets of Tehran tomorrow afternoon. Defiant men and women, risking their lives, will likely protest again on Saturday.
Free speech is bad words, too
Nowhere in the Constitution is there a guaranteed freedom from being offended. It is not a right that comes with American citizenship, like the right to vote. Just the opposite. If the Constitution had a warning label, it would read: Caution, your right to freedom of speech means others have a parallel right, which is highly likely to occasionally provoke anger, annoyance, disgust and offense.
This is a very small price to pay for the ability to speak our minds. But apparently it is too high for some. These people are the overly sensitive, easily wounded, walking eggshells among us who equate being offended with being a victim - a status from which they firmly believe the government should protect them. They want the state to determine taste and propriety (as long as it comports perfectly with their own) and enforce those standards in law. Pandering politicians are more than happy to oblige.
How to run a protest without Twitter
This year's web wunderkind, Twitter, has been credited as a force in organizing protesters in Thailand, Moldova and, now, Iran.
But in Iran, the government has clamped down on the mobile network and put up Internet firewalls, leaving us to wonder how opposition leaders are getting the word out — which they seem to be doing, as reports trickle out in spite of government restrictions on the media that demonstrations continue unabated.
Passenger says TSA agents harassed him
Steve Bierfeldt says the Transportation Security Administration pulled him aside for extra questioning in March. He was carrying a pocket edition of the U.S. Constitution and an iPhone capable of making audio recordings.
Child Lead Poisoning On Decline In New York
A press release put out by NYC Health states that lead poisoning incidents amongst children in New York are at an all time low, falling by 15% last year alone. In 1995 there were nearly 20,000 children diagnosed with lead poisoning, which fell to 1,970 cases in 2007; a 90% decline. The highest concentrations of poisonings originates in Brooklyn and Queens, most likely due to building and houses being older in this area.
Undocumented – Not Illegal
Issues concerning undocumented workers and their entry into this country are presented in the national media, local media and blogosphere on a daily basis. From stories about civilian “militias” patrolling borders to houses of worship providing refuge, from “cracking down” on such immigration to a proposed amnesty for undocumented workers, such issues are front page news. With respect to tort claims and the plaintiffs’ bar, 2006 was an important — and positive — year insofar as such issues are concerned. Most importantly, on February 21, 2006, in the case of Balbuena v. IDR Realty, LLC, 6 N.Y.3d 338, 812 N.Y.S.2d 416 (2006), the Court of Appeals confirmed that an undocumented worker (for us, never “illegal immigrant”) may recover for future unearned lost wages. Before discussing the impact of that decision and the questions said decision have left unresolved, a (relatively) brief history of the relevant legislation and case law leading up to the Court of Appeals’ Balbuena decision is in order.
Music Reading vs. Tablatures (Part 2)
There are plenty of resources available that give TABs to everyone’s favorite song and they generally work fine if all you want to do is learn your favorite guitar riff. But my goal is to go beyond just copying somebody else’s riff to the place of really understanding what music and guitar playing are really made up of. And in order to do that, I have to introduce basic music reading. Not that you are going to end up playing classical guitar concertos, but so that we could learn the "why" of music.
I understand that it can be truly frustrating to go back and try to read the music to play these simple songs when you can already play somewhat better by reading the TABS. I have found that in my experience in teaching many adults in your situation just say "Forget it, it’s too much work and I don’t even sound that good when I read the music. I can play better just reading the TAB. Besides, who wants to learn how to play Yankee Doodle anyway?" So they quit trying to learn the music and just tell themselves that "Some people can read music and some can’t and I am just one of those that can’t."
Music Reading vs. Tablature (Part 1)
Let me first say this TAB vs. Music Reading debate is about as fundamental as it gets in guitar discussions. Often times the debate gets polarized - us vs. them, TAB readers vs. Music Readers - which I have always found a bit perplexing. It would be the equivalent of someone shouting across the shop floor saying "I am a hammer man and all of you wrench guys are dumb". They are both just tools - each with unique advantages and limitations.
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