This morning the Supreme Court [of the United States] ruled on a case regarding rights payments to the toy, the Web Blaster, that lets kids create something akin to Spider-Man’s comic book webbing, and licensed out by Marvel Enterprises. Patented by Stephen Kimble in 1990, the court decided against him.... [T]he opinion of the court’s majority, as expressed by Justice Elena Kagen, was rather creative itself. Cutting and pasting from the court’s conclusion, she did a little quoting of her own.Nice to see a sense of humor from the nation's high court.What we can decide, we can undecide. But stare decisis teaches that we should exercise that authority sparingly. Cf. S. Lee and S. Ditko, Amazing Fantasy No. 15: “Spider- Man,” p. 13 (1962) (“[I]n this world, with great power there must also come—great responsibility”). Finding many reasons for staying the stare decisis course and no “special justification” for departing from it, we decline Kimble’s invitation to overrule Brulotte.
She also quoted the line form the famous cartoon theme song when describing the item in question in that it “does whatever a spider can”.
Monday, June 22, 2015
US Supreme Court Quotes Stan Lee When Deciding Spider-Man Patent Case
Wednesday, June 17, 2015
Notice of Special Joint Meeting: Ovid Town Board and Ovid Town Planning Board
The purpose of the special meeting is to hear oral presentations from finalist candidates in response to the town’s “Request for Proposals, for Professional Consulting Services, Establish/Revise the Town’s Comprehensive Plan.”
Copies of the proposals received are available on the town's website.
Friday, June 12, 2015
June 15: the Magna Carta turns 800
On Monday, June 15, the Magna Carta turns 800, and it is worthy of great celebration by freedom-loving people everywhere. This is the document that brought about a fundamental rethinking of the relationship between a king and his subjects. Up until that point, English Kings were the law. They could decide who lived and who died and take whatever they wanted.The Magna Carta changed all that. It established the idea that there is a law that even kings and governments must obey. There could be no taxation without representation and no arbitrary taking of personal property by the government. In short, the Magna Carta was the starting point for all the "unalienable" rights that we now enjoy and led directly over time to our Declaration of Independence and Bill of Rights. In many ways, it was the cornerstone for the idea that we now describe as freedom.
Monday, June 1, 2015
Because All Families Matter: Enhancing Parental Defense in New York.
The three-day event is collaborative partnership between NYSDA, the State Office of Indigent Legal Services, and the New York State Unified Court System Child Welfare Court Improvement Project. It is scheduled to be held November 13-14, 2015.
Wednesday, May 27, 2015
Seneca County Town Prevails in Tax Assessment Lawsuit
The Town of Romulus has defeated a lawsuit by a local corporation that sought to reduce from nearly $300,000 total to zero the taxable value of several private properties that the corporation owns.More here.On Tuesday (May 19), Romulus Town attorney Steven Getman asked the court to dismiss the case. Arguing for dismissal, Getman stated that the law required Lakeshore Landing to submit appraisals or other factual data to show that the assessments were excessive. In this case, Getman said, the association had failed to do so. Furthermore, Getman noted, various legal factors demonstrated that the properties had a value to Lakeshore Landing, including its right to borrow against the properties or sell them outright.
Romulus Town Supervisor David Kaiser said he was pleased with the court’s decision, noting that, if Lakeshore Landing had succeeded, the town’s other taxpayers would have been required to make up the lost revenue.
Town of Romulus considers local law to appoint highway superintendent
The complete text of the proposed local law is available from the Office of the Town Clerk, Town of Romulus, 1435 Prospect Street, Willard, New York 14588, during normal business hours and at the town’s website.
Friday, May 22, 2015
Romulus adopts revised zoning law
1. The purpose of this local law is to amend the Zoning Ordinance for the Town of Romulus, Seneca County, New York, to better reflect existing and proposed uses of land upon the portions of the former Seneca Army Depot that are located within the Town of Romulus.The complete text of the adopted local law is available from the Office of the Town Clerk, Town of Romulus, 1435 Prospect Street, Willard, New York 14588, during normal business hours and at the town’s website.2. Zoning text and map changes: Portions of the existing Energy Development district (3,186 acres) proposed to be rezoned to a new Warehouse, Industrial, Transportation, Energy (WITE) district; 342 acres proposed to be rezoned to Agricultural, which permits residences and other uses. Zoning text changes include new and modified definitions and special use permit criteria for uses permitted in the new WITE zoning district and in the existing zoning districts within the Depot (IW [Industrial Warehouse] and IG [Institutional Governmental].) An Environmental Restrictions Overlay District delineates a portion of the former Depot where land uses are restricted as a condition of completed environmental remediation. The Environmental Restrictions Overlay District coincides with the boundaries of the existing Industrial/ Warehouse District.
3. This Local Law shall become effective upon filing with the Secretary of State of the State of New York, as required by the Municipal Home Rule Law. This law supersedes the Town of Romulus Land Use Ordinance, adopted 12/20/06 as amended from time to time.
Wednesday, May 13, 2015
New York releases final fracking review, plans ban
The state Department of Environmental Conservation released a final version of the roughly 2,000-page document, known as the Supplemental Generic Environmental Impact Statement or SGEIS, just after 4 p.m.The complete report can be found here.Now, DEC Commissioner Joseph Martens must wait at least 10 days before issuing a legally binding "findings statement," which he has said will formally put the state's fracking ban into place.
Friday, May 1, 2015
May 1: Law Day in America celebrates the rule of law
This year, Law Day commemorates the 800th anniversary of Magna Carta, the “Great Charter of Liberties,” and calls upon upon each of us to "rededicate ourselves to advancing the principle of rule of law here and abroad."
Recently, I had the great honor to attend the 2014 National Lawyers Convention and hear United States Supreme Court Justice Antonin Scalia discuss the importance of Magna Carta.
Friday, April 24, 2015
Public Hearing: Romulus Town Rezoning
The purpose of this local law is to amend the Zoning Ordinance for the Town of Romulus, Seneca County, New York, to better reflect existing and proposed uses of land upon the portions of the former Seneca Army Depot that are located within the Town of Romulus.
The complete text of the proposed local law is available from the Office of the Town Clerk, Town of Romulus, 1435 Prospect Street, Willard, New York 14588, during normal business hours and at the town’s website.
At the public hearing, all interested persons will be given an opportunity to be heard.



