June 25, 2009

Book Review: A Right to Discriminate?: How the Case of Boys Scouts of America v.James Dale Warped the Law of Free Association

TITLE: A Right to Discriminate?
SUBTITLE: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association
AUTHOR: Andrew Koppelman with Tobias Barrington Wolff
PUBLICATION DATE: July 2009
PUBLISHER: Yale University Press
PAGE COUNT: 192 pp.
ISBN: 978-0-300-12127-8
PROBABLE PRICE: $38.00

Koppelman (law & poly sci/Northwestern) has teamed up with Wolff (law/U. Penn.) to analyze the effect of a seminal 2000 discrimination case on Constitutional law. Plaintiff Dale was expelled from the Boy Scouts of America due to sexual orientation. Suing under New Jersey's antidiscrimination law, the authors track the reasoned logic of the lower court: Dale's membership in the Boy Scouts did not violate the organization's freedom of expression because his objective was merely associative and did not infringe on the intentions of other members. The U. S. Supreme Court reversed with an opinion that Koppelmann and Wolff conclude would effectively overturn any antidiscrimination law. An overly-broad interpretation of the First Amendment, they argue, means that an association need only engage in expression in order to be protected. The Dale case is thus ripe for reversal by future justices who fear that its expansive scope might permit any expressive association to resist any form of regulation that it claims would interfere with its message. Recommended for academic, public, and law libraries.

Philip Y. Blue, New York State Supreme Court Criminal Branch Law Library, First Judicial District, New York, New York


June 23, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County- LexisNexis

Update from the Lexis Alert Service,

June 23, 2009:.

1. People v. Perez, 843, 5734/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4972; 2009 N.Y. App. Div. LEXIS 4899, June 18, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles Solomon, J.), ...

2. People v. Pereyra, 850, 579/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4975; 2009 N.Y. App. Div. LEXIS 4891, June 18, 2009, Decided, June 18, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

3. People v. Fields, 852, 4782/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 4977; 2009 N.Y. App. Div. LEXIS 4894, June 18, 2009, Decided, June 18, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (John Cataldo, J.

Continue reading "New York Appellate Criminal Cases Originating from the New York Supreme Court NY County- LexisNexis" »

June 23, 2009

Q&A: How Many Law School Faculty Members Have Kindles

Lyonette Louis-Jacques of the D'Angelo Law Library at the University of Chicago has conducted a quick, informal, but very interesting survey asking law school librarians how many of their faculty members use Kindles. As often happens with such surveys, the results or responses reveal more than was originally intended, thus creating interest among readers well beyond the range of the original audience. For this reason I have contacted Lyonette and requested her permission, which she has granted, to republish her questions and responses on this blawg for the benefit of our readers. David Badertscher

LYONETTE'S QUESTIONS:

I asked on Twitter, teknoids and the CSSIS-L lists. I got 21
responses. 6 responders indicated they own Kindles.

9 libraries reported no faculty with Kindles.

11 libraries reported a few faculty with Kindles. From some
of the numbers, I'm guessing closer to 1-2 than 3-4 faculty
with Kindles.

1 library reported 5 faculty with Kindles.

That's it. So, the results of this very informal survey show
that Kindle use hasn't really taken off in law schools yet.

Some comments from responders:

"Faculty have little or no interest in the Kindle" (but that
was countered by "a good amount of interest")

"I'm guessing very few students have Kindles"
"I haven't seen that many students using the Kindle"
"Students don't engage in recreational reading"

"Our dean got one because our parent university gave one to
all the deans to introduce the concept [of the Kindle]"

"I use [the Kindle] strictly for personal fun"

"We don't use [the Kindle] in class"

"I like holding the novel in my hands"

"[The Kindle] would be great for a lawyer on a cross-country
trip...load law review articles, cases, memos, etc."

And the responder with 5 faculty with Kindles said:

"We bought 5 Kindles and 5 Sony Readers for the library and
loaded them with a variety of books. The Kindles are pretty
popular, mostly with faculty, but increasingly with students.
The Sonys not so much...We ordered another 5 Kindles..."

P.S. I spoke to some faculty about the Kindle and their
comments include:

footnotes hard to get to

problems with graphics, formulas, equations

"inconsistent pagination"

major legal publishers need to make their books available on
the Kindle

the "mediated book" - reading books via the screen is the future

potential for advertising in Kindle ebooks

And finally, from the Twitter stream - faculty self-publishing
ecasebooks via the Kindle.
_________________________________

I've been thinking. . . . .

I have a Kindle and love it but I don't use the Kindle for anything remotely related to academia.

I have a Facebook page and love it. A lot of law students, law faculty, and law librarians are my facebook friends but our library's facebook page didn't really create any excitement so it does not get the level of attention I give my personal page.

I love these tools but I don't feel the need to apply them to my work. This might be a failing on my part, it might demonstrate which age cohort I belong to, it might demonstrate a healthy work-life separation, or maybe a little bit of all of the above.

...and Lyonette's response to this comment:

That's fine. It's okay to have fun with technology - use it
just for fun. I'm guessing the few faculty in law schools
that own Kindles probably use them mainly for recreational and
not educational purposes.

I'm a bit on a mission to see how emerging technologies can be
used in library and law school settings, so I always have that
lens.

I somehow have never tried to connect my TV, video, DVD, and
Wii to work-related purposes though...:-) Oh, except for
suggesting movies that I've seen or want to see for our law
library's DVD collection...:-)

Some technologies never take off. We'll see about the Kindle
or e-book readers generally in terms of law library and law
school applications.

I use my Facebook page for work- and play-related purposes. I
got on Facebook to see if there are law library applications,
and then found the fun apps...:-)
_________________________________

My own comment from the courts:

I have not yet noticed judges using Kindles but we have at least one court officer who is an avid Kindle "reader".

June 23, 2009

Book Review: Licensing Digital Content: A Practical Guide for Librarians

Title: Licensing Digital Content: A Practical Guide for Librarians

Author: Lesley Ellen Harris

Publisher: American Library Association

Edition: Second

Publication Date: 2009

ISBN: 978-0-8389-0992-8

Pages: 161

Price: $57.00

The author’s stated goal in writing this brief volume is to provide a primer and guide regarding digital licensing issues for librarians and other consumers of digital content. Ms. Harris is also the author of the first edition of this volume. She is a graduate of York University’s Osgoode Hall Law School in Canada. She is an attorney with a background in intellectual property and served as a researcher at the Canadian Copyright Institute. Additionally, Ms. Harris has been a consultant for approximately twenty years in which time she has taught a variety of courses through her company and associations. Moreover, the author maintains the blog Copyright Questions & Answers (www.copyrightanswers.blogspot.com/).

The bulk of this brief book deals with the mechanics of licensing agreements. A license agreement is a written contract between a user and a content owner. It delineates the terms and conditions of use. The author provides summaries of key and boilerplate clauses in licensing agreements with analysis and tips to improve effective drafting of agreements. This material provides very useful material to assist in drafting digital licensing agreements for both the novice and the intermediate professional. Additional material deals with an approach to the negotiation process to facilitate the creation of the licensing agreement.

While this book is published by the American Library Association, the scope of its content is not intended purely for an American audience. Since digital content and Internet access have world wide breadth, the book is intended to be useful to a broader audience of readers. These include librarians working in variously sized and diverse organizations as well as individuals employed in companies that supply digital content. The book is well worth reading for those interested in an introduction to digital licensing drafting and issues involved with this process. It is a worthy addition to the collections of general and specialized libraries.

Reviewed by Theodore Pollack, Senior Law Librarian, New York County Public Access Law Library

June 22, 2009

CLLB Information Security Newsletter

Volume 2 Number 6 June 2009.

From the Desk of David Badertscher

All This Functionality in One Device!

Mobile communication devices (includes Blackberrys, iPhones, smart phones in general) have become indispensable tools for today's highly mobile society. Small and relatively inexpensive, these multifunction devices can be used not only for voice calls but also text messages, email, Internet access along with stand alone applications similar to those performed on a desktop computer. A significant amount of personal, private and/or sensitive information may accumulate or be accessed via these devices. Additionally, some of these devices may allow you to access your home computer or your corporate network.

What Risks Do They Present?

While the devices offer many benefits and conveniences, they also pose risks to you and/or your organization’s security. As these devices continue to take on the characteristics of personal computers, they also inherit the same potential risks. Some of the primary risks include the following:

The portability of the device leads to a higher likelihood of loss of the device. Millions of mobile communication devices are lost each year.

When Bluetooth and/or wireless (not cellular) communications are enabled, these devices are subject to the risk of eavesdropping and “highjacking”.

“Malware” available, that if installed on your device, can allow a perpetrator remote access to your device to listen and record all of your calls, send text messages to the perpetrator whenever you make or receive a call, read all of your messages, make calls on your behalf from your phone, access all of the information on your phone, trace your location and enable the speaker functionally on the phone to listen in on conversations even when the phone is not in use.

Sites purporting to offer “free games or ring tones” are major vectors for distributing malware.
While the reports of worms and viruses impacting these devices are relatively low, this is expected to increase in the future.

Despite the risks outlined above, many users do not understand how vulnerable their mobile device is or how to deploy important security settings and controls.

What Can I Do to Secure My Mobile Communication Device?

The following outlines steps you can take to protect your mobile communication device. Some of the steps are dependant upon the functionality of your device.


Use a password to access your device. If the device is used for work purposes, you should follow the password policy issued by your organization.

If the Bluetooth functionality is not used, check to be sure this setting is disabled. Some devices have Bluetooth-enabled by default. If the Bluetooth functionality is used, be sure to change the default password for connecting to a Bluetooth enabled device.

Do not open attachments from untrusted sources. Similar to the risk when using your desktop, you risk being exposed to malware when opening unexpected attachments.

Do not follow links to untrusted sources, especially from unsolicited email or text messages. Again, as with your desktop, you risk being infected with malware.

If your device is lost, report it immediately to your carrier or organization. Some devices allow the data to be erased remotely.

Review the security setting on your device to ensure appropriate protection. Be sure to encrypt data transmissions whenever possible.


Enable storage encryption. This will help protect the data stored on your device in the event it is lost or stolen, assuming you have it password protected!

Beware of downloading any software to your device. If the device is used for work, follow your organization’s policy on downloading software.

Before disposing of the device be sure to wipe all data from it and/or or follow your organization’s policy for disposing of computer equipment.


For more information on securing mobile communication devices, please visit:

National Cyber Alert System - Cyber Security Tip ST06-007, Defending Cell Phones and PDAs Against Attack
http://www.us-cert.gov/cas/tips/ST06-007.html

NIST Special Publication 800-124, Guidelines on Cell Phone and PDA Security
http://csrc.nist.gov/publications/nistpubs/800-124/SP800-124.pdf

FTC Consumer Alert – The 411 on Disposing of Your Old Cell Phone http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt044.shtm

WTHR News story on “Tapping Your Cell Phone” http://www.wthr.com/Global/story.asp?s=9346833 McAfee – The Web’s Most Dangerous Search Terms
http://us.mcafee.com/en-us/local/docs/most_dangerous_searchterm_us.pdf


*The above comments are based on information tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to http://www.msisac.org/

OTHER NEWS:

DON'T FALL FOR JURY DUTY SCAM.
The phone rings, you pick it up, and the caller identifies himself as an officer of the court. He says you failed to report for jury duty and that a warrant is out for your arrest.

You say you never received a notice. To clear it up, the caller says he'll need some information for "verification purposes"- your birth date, social security number, maybe even a credit card number.

This is when you should hang up the phone. It's a scam!

Jury scams have been around for years, but have seen a resurgence in recent months.

Communities in more than a dozen states have issued public warnings about cold calls from people claiming to be court officials seeking personal information. As a rule, court officers never ask for confidential information over the phone; they generally correspond with prospective jurors via mail.

The scam's bold simplicity may be what makes it so effective. Facing the unexpected threat of arrest, victims are caught off guard and may be quick to part with some information to defuse the situation.

In recent months, communities in Florida, New York, Minnesota, Illinois, Colorado, Oregon, California, Virginia, Oklahoma, Arizona and New Hampshire reported scams or posted warnings or press releases on their local websites.

The jury scam is a simple variation of the identity-theft ploys that have proliferated in recent years as personal information and good credit have become thieves' preferred prey, particularly on the Internet.

Scammers might tap your information to make a purchase on your credit card, but could just as easily sell your information to the highest bidder on the Internet's black market.

Protecting yourself is the key: Never give out personal information when you receive an unsolicited phone call.


June 22, 2009

A Literary Legend Fights for a Local Library

By JENNIFER STEINHAUER
Published: New York Times June 20, 2009
The new passion of the science fiction writer Ray Bradbury is raising money for California’s libraries. See article at:
http://www.nytimes.com/2009/06/20/us/20ventura.html

June 22, 2009

SLA Legal Division Program: 60 Sites in 60 Minutes

This year's "60 Sites in 60 Minutes" program was standing room only! We had over 300 people attend. If you missed the session, or were there but want to see the presenters' notes, you can go to the Power Point presentation with all the details. http://drop.io/60sites

Thanks again to Gayle Lynn-Nelson and John DiGilio for putting this program together.

E-Mail from Martha L. Foote, M.L.I.S. Chair, SLA Legal Division.

June 22, 2009

Wyoming Legislature Passes Information Transparency in Government Act

In its 2009 session, the Wyoming Legislature passed the Transparency in Government Act making information as to how state funds are spent readily accessible to the public. The Act requires the creation of a public finance website by January 1, 2010. The website will provide free access to financial reports, financial audits, budgets or other financial documents that are used to allocate, appropriate, spend and account for government funds. The Act also directs that an archive of all information posted will be maintained.

From e-mail by Kathy Carlson, Wyoming State Law Librarian.

June 22, 2009

ABA Criminal Justice Section 2009 Annual Meeting Highlights

Below are Highlights of the ABA Criminal Justice Section 2009 Annual Meeting program schedule for Chicago, July 30 – August 2. Presentations include a wide range of programs of interest to children’s attorneys to white collar practitioners.

Highlights include:

Presidential Showcase Programs

Hot Topics and Recent Developments in Public Corruption Investigations & Government Ethics

Investigations in a Time of Financial Meltdown: What is the New Normal?

Complimentary programs

Beyond Best Interest: Roles and Responsibilities of the Children’s

Life Sentences: Inside and Outside the Justice System

Awards Reception honoring Susan Gaertner, Norm Maleng Minister of Justice Award recipient; Janet Levine, Charles English Award recipient; and Winston Peters, Livingston Hall Juvenile Justice Award recipient


Criminal Justice Section is headquartered at the Swissotel, and most of its function will be held there, unless otherwise noted.


Criminal Justice Hotel: Swissotel
323 E. Wacker Drive, Chicago, IL


Presidential CLE Center: Hyatt Regency
151 E. Wacker Drive, Chicago, IL


John Marshall Law School
315 S. Plymouth Court, Chicago, IL

Comprehensive Sponsor:

June 22, 2009

Findlaw Case Summaries: Constitutional Law

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

June 15-19, 2009.

U.S. Supreme Court, June 15, 2009
Polar Tankers, Inc. v. Valdez, No. 08–310
In a Tonnage Clause challenge to an Alaska ordinance imposing a personal property tax on large oil tankers, judgment for Defendant is reversed, where the ordinance was unconstitutional because it was designed to impose "a charge for the privilege of entering, trading in, or lying in a port.”"

U.S. 1st Circuit Court of Appeals, June 18, 2009
LaSalle-Concepcion v. Toledo-Davila, No. 08-2048
In a 42 U.S.C. section 1983 action claiming wrongful discharge based on Plaintiff police officers' injuries suffered on duty, the dismissal of the complaint is affirmed, where Plaintiffs had no constitutionally protected property interest in reinstatement to their positions. .

U.S. Fed. Circuit Court of Appeals, June 16, 2009
Schooner Harbor Ventures, Inc. v. US, No. 2008-5084
In a Takings Clause action claiming that the U.S. deprived Plaintiff of the beneficial use of its property, summary judgment for Defendant is reversed where Plaintiff identified a cognizable property interest, namely fee title to land that could not be developed without regulatory compliance.

Supreme Court of California, June 18, 2009
San Leandro Teachers Ass'n. v. Governing Bd., No. S156961
In a First Amendment challenge to a public school district policy prohibiting political communication via school mailboxes, the denial of the writ of mandate sought by Plaintiff is affirmed where the mailboxes were a nonpublic forum, and the regulation was content-neutral.

June 22, 2009

Findlaw Case Summaries: Criminal Law and Procedure

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

June 15-19, 2009.

U.S. Supreme Court, June 15, 2009
Nijhawan v. Holder, No. 08–495
Petitioner's removal from the U.S. based on his commission of an "aggravated felony" is affirmed, where the $10,000 threshold in 8 U.S.C. section 1101(a)(43)(M)(i) refers to the particular circumstances in which an offender committed a fraud or deceit crime on a particular occasion, rather than to an element of the fraud or deceit crime.

U.S. Supreme Court, June 18, 2009
District Atty.'s Offc. v. Osborne, No. 08–6
In a 42 U.S.C. section 1983 action seeking the evidence used to convict Defendant of sexual assault for the purposes of DNA testing, summary judgment for Plaintiff is reversed where, assuming Plaintiff's claims could be pursued using Section 1983, he had no constitutional right to obtain post-conviction access to the State's evidence for DNA testing.

U.S. Supreme Court, June 18, 2009
Yeager v. US, No. 08–67
In an appeal from the District Court's order denying Defendant's motion to dismiss his wire fraud indictment on Double Jeopardy grounds, the order is reversed where an apparent inconsistency between a jury's verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals' preclusive force under the Double Jeopardy Clause.

Continue reading "Findlaw Case Summaries: Criminal Law and Procedure" »

June 22, 2009

ABA Journal Weekly Newsletter

10 Top Stories June 19, 2009.

Layoffs
BigLaw Voice Mail to Young Attorneys: 'It's Not Good News, But Give Us a Call'
Jun 15, 2009, 01:58 pm CDT

Real Estate & Property Law
Chicago Title Suit Warns Lawyers About Relying on Title Reports
Jun 16, 2009, 12:07 pm CDT

Careers
Ex-Associate, Now a Journalist, Tells of Cravath 'Sweat Shop'
Jun 15, 2009, 01:21 pm CDT

Careers
Dad Becomes Associate in His Daughter's Law Firm
Jun 17, 2009, 07:14 am CDT

Associates
Largest Firms Are Deferring Deferrals, For Now
Jun 18, 2009, 06:00 am CDT

Lawyer Fees
Saul Ewing Puts Fixed-Fee Options in Writing--On the Web
Jun 18, 2009, 05:34 am CDT

Law Firms
High-End Divorce Lawyer Says Her Firm Is Jammed with Clients
Jun 16, 2009, 07:48 am CDT

Constitutional Law
Will Second Amendment Be Incorporated Through Citizenship Clause?
Jun 17, 2009, 06:49 am CDT

Judiciary
Judge Orders Spectator Jailed for Shouting 'Love You'
Jun 16, 2009, 10:51 am CDT

Religious Law
Courtroom Judge Has Power to Ban Muslim Veil, Top Michigan Court Decides
Jun 17, 2009, 02:04 pm CDT