Cleveland Law Library Weblog

The Library of Congress has Launched Congress.gov to Eventually Replace Thomas.gov for US Legislative Information

The Library of Congress just recently launched Congress.gov as a new online repository for U.S. legislative information. Although the site is still in beta testing mode, you can currently search across the following content using a new search engine LOC boasts has a "user-friendly design":

"legislation from the 107th Congress (2001) to the present, member profiles from the 93rd Congress (1973) to the present, and some member profiles from the 80th through the 92nd Congresses (1947 to 1972)."

According to a Library of Congress blog, Congress.gov will eventually replace Thomas.gov next year. As you may know, Thomas,gov has historically been the 'go-to' place for federal legislative history and information. Among other data and information you will still need to use Thomas.gov for include legislative searching back to the 101st Congress (1989), contains House and Senate roll call votes, the Congressional Record since the 101st Congress (1989), Committee information, Presidential Nominations back to the 100th Congress (1987), and Treaties since at least the 94th Congress.

Obama Health Care Law is Destined for the U.S. Supreme Court

In a rather long 78 page opinion, federal district Judge Roger Vinson has ruled that the Obama Health Care plan is unconstitutional. Ohio just recently joined the suit, which the court decided today. Although another judge in Virginia only struck down the part of the law related to mandatory insurance, Judge Vinson's decision is more comprehensive. In all likelihood, the issue will go up to the U.S. Supreme Court.

Click here to read the Judge's opinion, and click here to read our prior post on the lawsuit, with a link to many more documents in the case, as well as the laws that precipitated the lawsuit. A good summary of the case has been provided by cleveland.com.

Ohio Joins Multi-State Lawsuit Challenging Federal Health Care Law

Ohio is the one of the latest states to join a multi-state lawsuit pending in Florida which is challenging the new federal health care law. According to the Dayton Daily News, there are 25 states already involved and the decision to add Ohio came the same day the Republican-controlled House in Washington voted to repeal the law. The law is actually composed of The Patient Protection and Affordable Care Act of 2010, as amended by The Health Care and Education Reconciliation Act of 2010. www.healthcarelawsuit.us is a really good public website where you can keep up-to-date on the case and read documents that have been filed.

Our Latest Podcast Features Benesch Partner Joseph Gross on the ADA Amendments Act

Our latest podcast features Joseph Gross, Esq., a partner at the law firm of Benesch Friedlander, on the topic of the recent amendments to the Americans with Disabilities Act. Mr. Gross outlines significant changes in the amendments and proposed EEOC regulations regarding the definitions of the phrases "substantially limits" and "major life activities." He also provides some advice for employers and employees on what to expect in the workplace. Mr. Gross is certified by the Ohio State Bar Association as a specialist in the areas of labor and employment law and serves as the President of our Law Library's Board of Directors.

U.S. Senators and Representives are Now on YouTube

You can now find United States Senators and Representatives on YouTube via Senate and House Hubs:

http://www.youtube.com/senatehub

http://www.youtube.com/househub

YouTube also provides channels for Senate and House committees, Senate and House political parties, and bicameral leadership groups. To make it easy to find information, YouTube provides an interactive map where you can search by state.

U.S. Copyright Office Posts Title 17 Book on Internet

The United States Copyright Office recently posted the book called “Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code” on its website. The book is still available for purchase in print, but online access now facilitates access to the text of title 17 U.S.C., as amended through 2006. It also contains the Copyright Act of 1976 and all subsequent amendments to copyright law; the Semiconductor Chip Protection Act of 1984, as amended; and the Vessel Hull Design Protection Act, as amended. The Apendix contains miscellaneous related items such as the Berne Convention,  the Uruguay Round Agreements, and GATT documents . The book is available in either pdf or html versions and can be accessed by chapters or the entirety.

Feds and ODOT Want LeBron Witnesses Sign Down

Despite the fact that LeBron James and the Cavs have made it to the National playoffs, the Feds and ODOT want to take down LeBron's "We Are All Witnesses" sign on the Sherwin-Williams building in downtown Cleveland.  According to the Plain Dealer, the feds claim that the sign violates the Federal Highway Beautification Act of 1965, 79 Stat. 1028, 23 U.S.C. 319. The Act was originally designed to prohibit the construction of new billboards on scenic and rural federal-aid highways and require the removal of non-conforming billboards.  Ohio Revised Code Section 5529.04 addresses state implementation of the Federal Act.  In another article, the Plain Dealer reports that Governor Strickland considers the sign to be commercial artwork and supports leaving the sign up.

Tax Relief and Health Care Act of 2006

For a nice summary of the Tax Relief and Health Care Act of 2006, HR 6111, see Tax Relief and Health Care Act of 2006 by Thompson Hine Taxation Practice Group, Feb. 13, 2007.  The act extended for two years certain deductions, credits and other provisions which were previously only in effect until the end of 2005.  Tax credits regarding certain energy conservation measures have been extended from the end of 2007 to the end of 2008.  The act makes other changes, including changes to health savings account provisions. 

Bill Allows Land Owners' Takings Claims in Federal Court

H.R. 4772, the Private Property Rights Implementation Bill would allow property owners to litigate takings claims in federal court. 

"Under current law, landowners face a real Catch-22 situation. They must litigate their case in state court before a federal court will rule on a Fifth Amendment takings claim. However, bringing the case to state court and having a takings claim heard -- even under state law -- precludes a review by the federal courts. As a result, property owners can never have their Fifth Amendment takings cases heard in federal court."

Home Builders Call on Congress to Pass Property Rights Bill , PRNewswire, Sept. 27, 2006, posted on the Builder Online website. 

Changes to Charitable Tax Deductions

Beside making changes to pension laws, the Pension Protection Act of 2006 also made changes to charitable tax deductions.  People over 70 1/2 can make a direct charitable contribution from their IRA, shielding some of the income tax effects of an IRA distribution.  Stricter rules for noncash charitable donations are imposed, such as requiring the items donated to be in good condition. Appraisals are required for items valued at over $500.  No deduction for cash donations are allowed unless the taxpayer can show a letter from the charity or a bank record.  Previously, records were only required for donations over $250.  New Law Changes Charitable Contributions by Eileen Alt Powell, Findlaw, Sept 20, 2006. 

Source:  For You and Your Clients - "New Law Changes Charitable Contributions", Stark County Law Library Blog, Sept. 26, 2006.