Delaware Law Office
of Larry D. Sullivan, Esquire

A Weblog?
The column to the right, is a news/editorial/comment column. It is a weblog, also know as a blog.

The weblog thing comes from www.blogger.com, which offers us a convenient way to manage the posting, administratively. You don't really need to know all of that, but we have included this explanation so that you won't be confused by the term "blog".

Another important topic here is that since the column includes editorials and comments, you can be sure that we are just exercising our free speech rights as guaranteed by the Constitution and as not yet abridged by a reactionary opportunistic vocal minority.

opinions, everybody's got one...
If you would like your opinion published here, forward it for consideration and editorial review to: info@delawoffice.com.
Or add a comment. Comments by: YACCS

We encourage the exchange of responsible ideas.

Thursday, June 12, 2003

Cooch's Bridge, then and now

 
The State of Delaware has taken steps, 6,750,000 steps actually, to preserve part of Delaware and U.S. history. At the site of the the only Revolutionary War land battle in Delaware, and the first land battle in the war [decent pictures dude!] at which the stars and stripes were unfurled, is Cooch's Bridge and the Cooch House. It is more than a traffic snarl, and a dangerously narrow rush hour funnel. It is a unique and important site, just ask the Daughters of the American Revolution. I look forward to its preservation and to the opportunity to visit it as a State Park.

The Cooch House, 1936
Historic American Buildings Survey W. S. Stewart, Photographer
Sept. 14, 1936 SOUTH WEST ELEVATION, HABS, DEL,2-COOBR,1-1


And the Cooch family relevance in Delaware did not end there. Descendants are still prominent in Delaware. Case in point, New Castle County Superior Court Resident Judge, The Honorable Richard R. Cooch. Time, Delaware, and the Cooch family, march on.


new mural shows old newark

 
I'm a big fan of public art works. Especially murals. The City of Newark has a new mural on the wall of their Park Division's Office. It's based upon a photograph of Newark, taken almost 100 years ago. The painting was created by Amy Calvarese.

an image of horses pulling sleighs down the Main Street of Newark, Delaware.

This small image doesn't do the original wall sized picture justice. I understand another mural will be painted in the office, and plans are in the works for at least one mural outdoors in Newark in the near future.


Wednesday, June 11, 2003

open source software in state government

 

The idea of states using Linux for IT projects doesn't seem outrageous. At least, those are my thoughts after reading a Linux Journal article called Linux Access in State and Local Government, Part I. I hope that there's going to be a part two sometime soon. I'd like to hear more.


doing art online

 

Recommended reading: a thoughful and interesting look at selling art work online called Format Wars: What Cartoonists Can Learn from Other Media in the Digital Age


politics and the bench in delaware

 
Delaware Grapevine's Celia Cohen has a great article about the judicial leadership in Delaware called Judging Republicans. It seems that four out of five of the major courts in Delaware are headed by Republican presiding judges. And that's "after 10 years of Democratic governors naming the judges."

My favorite quote from the article is this one:
In analyzing the Delaware judiciary, it pays to remember that there actually are three major political parties in the state -- Democrats, Republicans and Sussex County. Adams is an undisputed power in Sussex County, which plays politics under its own set of rules. Party labels usually pale beside personal relationships, and that is what accounts for a number of the presiding judges.
It's an insightful look at politics and the Bench in Delaware.


ftc gearing up for the 21st century

 
The Federal Trade Commission (FTC) made a presentation before the US House of Representatives' Subcommittee on Commerce, Trade, and Consumer Protection earlier today. While the Washington Post is focusing upon the agency's statements about needing more tools to combat spam, the FTC asked for more than that. The agency is asking for "reauthorization" with some new tools and powers. Commissioners of the Agency provided testimony on a number of other subjects:
The Commissioners also provided a range of legislative recommendations that would: 1) enact measures to improve the FTC?s ability to combat cross-border fraud; 2) enact measures to improve the FTC?s ability to combat unauthorized commercial e-mail, commonly known as spam; 3) eliminate the FTC Act?s exemption for communications common carriers; and 4) make it possible for the agency to accept certain types of reimbursement that will enhance overall mission performance.
The recommendations made would provide considerably more power for the agency to use to combat cross border unsolicited commercial email, would make getting subpoenas easier, and would amend the Telemarketing and Consumer Fraud and Abuse Prevention Act to include "deceptive and abusive practices" when it comes to email.


Tuesday, June 10, 2003

spike vs spike

 
Spike TV or Spike Lee? That's the question. The world isn't big enough for the both of them, claims Spike Lee.


three strikes revisited

 

Local pundit Al Mascitti takes a close look at a recent ruling from the Delaware Supreme Court ordering a resentencing in an criminal felony case where the original sentence had been extended to life based upon prior convictions and Delaware's Habitual Offender statute.


teen speaks out about riaa's legal threat

 

While ABC is reporting about the teenager who agreed to pay the RIAA $ 12,000.00 for them to drop their multi-billion dollar lawsuit against him, it's kind of interesting to hear more about what transgression he was guilty of. He had created a search engine that uncovered the contents of a network of computers.

More details follow on his web site, Chewplastic.com.


MD Court tries to Medic Budget with Long Arm Tax

 
Monday, the Maryland Court of Appeals, Judge John C. Eldridge, used a long handled ladle to reach into Delaware income and claim it taxable in Maryland. In a decision that will likely be appealed, the Maryland Court ruled that the defendant corporations were using Delaware corporations as vehicles to hide profits. Central to the Judge's reasoning was that the proper steps to establish a real and substantial business presence in Delaware had not been taken, and that the Delaware corporations were not much more than mail drops.

Lesson to be learned? Do it right. If you are going to properly form your entity to make lawful and effective use of Delaware's corporate, taxation laws and judicial structures, take the time and effort to establish an actual business presence. Sham's will be treated as shams.

There are a great number of reasons to incorporate in Delaware for business, and financial purposes. For ease of filing, cost, efficiency, tax and corporate friendly laws, and a specialized business court, Delaware is unsurpassed. It is important to properly plan your Delaware incorporation, however, and take the appropriate steps to meet your particular goals. Some of these steps are: obtaining legal and accounting advice; choosing the right type of corporate entity; choosing the right Delaware registered agent; assuring that all of your documents are filed correctly and maintained; and determining what level of business presence will be necessary to meet the goals of your incorporation plan. It was (apparently) on this last step that the defendant corporations were weighed and found wanting.

[later -- More here from the Wilmington News Journal.]


Sunday, June 08, 2003

jazz comes to town

 
One of the biggest annual musical events in Delaware kicks off next Sunday, and runs from June 15 thorugh June 22. It's the Clifford Brown Jazz Festival. Two of the performers attending will be Herbie Hancock and Wynton Marsalis. There is quite a crew of other talented performers planning on attending. This will be good.


expanding chancery court

 
Delaware's Chancery Court is different from most courts in most states in the United States. Less than a handful of states have courts that only handle equity cases. Earlier this week, we posted a copy of the legislation that our Governor signed which adds cases involving disputes over $1 million in the technology industry, and to allow Chancery's judicial officers to act as mediators in disputes prior to the filing of a lawsuit.

Will this addition in jurisdiction help or harm the State? One difficulty I envision is defining what exactly a "technology" case may be. But, regardless of the difficulties of that determination, I'm guessing that this will work out well. If not for any other reason than the fact that Delaware's Chancellor and Vice-Chancellors fully deserve the fine reputation they possess.

Since there are no juries in a Chancery Court, many decisions of the Court will be issued in writing. As those begin to accumulate, a body of case law will develop. It will be interesting to see where that leads us. For more on the growing court, the local Wilmington News Journal is carrying a story called Jurisdiction, judges' power expanded.








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