May 9, 2008

News From Region 1 of the New York State Archives


Newsletter No. 5 of 2008

2008-2009 LGRMIF Grant Applications:

I know that many of you are wondering about the status of your 2008-2009 grant application. Here is where we are now: The first step in the review process, the formal evaluation by outside reviewers and staff members, was recently completed. All reviewers had to evaluate and score each proposal assigned to them and return it to the State Archives by April 18th. This information is now being compiled and shared with the other Members of each panel. Those panels, which are organized by grant category, meet on May 14th to make final recommendations on funding to be forwarded to the Commissioner of Education, who by state law authorizes all grant awards.

Applicants whose proposals were not funded will be notified in early June so, if you do not receive one of these letters, you know that your proposal will receive at least some funding, but not how much. Final award letters are due to be sent out by the end of June, if the awards have also been approved by the Division of the Budget and the Office of the State Comptroller. As many of you know from past experience, these additional approvals sometimes require more
time. Although time-consuming, our process goes to great lengths to be fair, impartial and to make the best possible use of available grant funds.

Workshops:

(Please note that workshops have been scheduled beginning March 2008 through July 2008. While the post-April workshops are listed here for your information, please hold off sending in your registrations because our newly-updated registration module can only accept registrations through June)

"All workshops are open to all who are interested in attending. To register, go to and click on "Workshops" on the left. Send Miki Torres an e-mail with your name, affiliation, phone number, and email address with the title and date of the workshop. We will contact you to confirm and complete the registration. Directions will be sent in the mail within a week of the workshop date. Contact <ARCHTRAIN@mail.nysed.gov> if you have questions about our workshops. Stay tuned for the full spring workshop schedule coming to our website in March 2008."

Disaster Planning & Response for Records Management Wednesday, May 21, 2008 from 9 AM to 1PM at 55 Hanson Place, 1st Floor Conference Room,
Brooklyn, NY. Disasters are all too common in New York State. Each year, records are damaged and information is lost as a result of floods, arson, fires, collapsed roofs, or computer viruses. This workshop will focus on:

• How to analyze your organization’s risk of experiencing a disaster
• How to reduce the chances that a disaster will destroy your records
• How to prepare your organization for a disaster
• How to respond to a disaster safely and effectively

Conducting a Needs Assessment or Business Process Analysis Thursday, June 19, 2008 from 9 AM to 1 PM at 55 Hanson Place, Room 346, Brooklyn, NY. A successful records management program functions under the well-founded belief that strong controls, if thoughtfully designed, can save money and time. One of the essential controls is careful planning of any system prior to implementation. This workshop will focus on the necessary steps to establish any new records management system, from inactive storage facilities to complex electronic recordkeeping systems. Issues to be examined include:

• The difference between a needs assessment and a business process analysis (BPA)
• How to decide whether to do a needs assessment or a BPA, and when
• The essential principles behind both needs assessments and BPA’s
• Steps to follow when conducting a needs assessment or BPA
• Steps to follow to implement the changes recommended by a needs assessment or BPA

Managing Maps & Plans Wednesday, July 16, from 9 AM to 1 PM at MTA: Office of the Inspector General, 111 West 40th Street, 5th Floor Conference Room
Manhattan, NY. Many organizations have difficulty dealing with large-format records, such as maps and architectural plans. The storage and retrieval of these records can be very difficult, yet many of them have long retention periods and are essential to the management of the organization. This workshop will focus on:

• Analysis of issues involving the management of maps and plans
• Solutions to common problems associated with these records
• Storage techniques; ways to improve access and retrieval; and preservation

11th Annual NYC FOIL Session: Robert Freeman, Executive Director of the Committee on Open Government, New York State Department of State, and well-known Freedom of Information Legislation (FOIL) expert, will conduct the session on Monday, June 23rd, from 1 to 4 PM at the conference room of the New York City Economic Development Corporation, 110 William Street, 4th floor, Manhattan.

I highly recommend that Records Management Officers and FOIL Officers attend the FOIL sessions because FOIL and records management issues are frequently very closely related. Response to FOIL requests requires efficient access to the records requested. Further, New York State FOIL legislation requires that agencies maintain a “FOIL listing” of records; the records retention and disposition schedules that the Records Management Officer is required to work with can easily serve this requirement.

News from the State Archives:
State Archives Supports 2008 MayDay Initiative: The New York State Archives supports the preservation community’s MayDay Call to Action. In 2006 the Society of American Archivists established this annual event to help remind institutions – and individuals – to develop and update our emergency preparedness plans.
We urge families to:
• Begin developing an emergency plan. Your family may not be together should disaster strike, so plan how you would contact one another.

• Conduct a drill to ensure that everyone understands the plan.
• Make sure that there are sufficient supplies on hand for emergencies: food, water, bedding; batteries, self-powered lights and radios; spare batteries.
For your personal family collections:
• Consider which items have the greatest value, either monetary or sentimental.
• Which of these may have been stored in a basement vulnerable to seasonal flooding, or in a rented storage unit? Are there alternatives available?
• Consider storing your precious items in boxes, a simple step which can provide a good measure of protection.
Many additional measures are suggested at SAA’s web site www.archivists.org/mayday/. And for the Council of State Archivists’ excellent manual entitled “Rescuing Family Records: A Disaster Planning Guide”, see this website http://www.statearchivists.org/prepare/families.htm
After Hurricanes Katrina, Wilma, and Rita and our own recent regional flooding and ice storms, we know we must be ready for the unexpected. Please join the State Archives in taking just one or two steps to better protect ourselves and our personal collections.

New York City Records Management Conference
New York City Records Managers Brown Bag Lunches: In keeping with the city-wide philosophy that directs the work currently managed by Fred Grevin at the New York City Department of Records, I am very pleased to announce a related project. You are all invited to Brown Bag Lunches to be held at 31 Chambers Street, Room 209 on a monthly basis. You bring your own lunch and we will either focus on a specific topic (such as the current draft e-mail guidelines the State Archives is developing) or any other topic or speaker. This is a wide-open opportunity to bring your ideas, experiences, questions, etc. to a welcoming forum where we all share dialogue.

Miki will send out the first notices – hopefully within the next few weeks – to invite you to the first session. Anyone with questions, ideas, etc., etc., and so forth (as the Yul Brenner used to say in that wonderful film, The King & I) please do not hesitate to contact Brenda or Miki.

Preserving the American Historical Record needs your help! The Partnership for the American Historical Record Task Force is seeking calls and letters to members of the House of Representatives to urge them to sign on to the “Preserving the American Historical
Record” legislation, which will be introduced soon by Congressman
Maurice Hinchey (D-NY, 22nd district). The Congressman would like to
have as many co-sponsors as possible before introducing the bill.
Current sponsors are: Jerrold Nadler (D-NY 8th), John McHugh (R- NY
23rd), Sanford Bishop (D-GA 2nd), Carolyn Maloney (D-NY 14th), and
Edolphus Towns (D-NY 10th).

This legislation is essential to the continued funding of the many cultural and historical programs that enrich our cultural heritage.

It is critical that we work now to enlist as many Members of Congress
as possible to sign on to the bill - and that the co-sponsors represent
a diversity of states and both parties. (The current list of sponsors
is heavily weighted to the East Coast and the Democratic party.)

It is essential that House members know that this bill is of concern to
their constituents so that they WILL sign on. Your efforts will ensure
that your Congressperson has this bill on his or her “radar.”

Here’s how you can help:

Contact the members of Congress who represent your region and tell them
how important this bill will be to your state. Please encourage others
to do so as well. Genealogists, local government officials, researchers
of all kinds, teachers, veterans, and even your favorite aunt can make
the case.

To facilitate this, we have posted a number of items on the Web at www.archivists.org/pahr

Resources
NEDCC ANNOUNCES PRESERVATION 101 - THE NEW ONLINE PRESERVATION COURSE: THE NORTHEAST DOCUMENT CONSERVATION CENTER (NEDCC) is proud to offer
PRESERVATION 101, a free, comprehensive, self-paced online course on
The preservation of paper collections and related formats.

THE COURSE IS ACCESSIBLE FREE OF CHARGE at www.preservation101.org, and is intended to benefit professionals who are responsible for the preservation of library and archival materials. Participants will learn how to put preservation basics to work in the context of small and moderately- sized collections - how to identify deteriorated materials, how to care for collections, and how to set priorities for preservation.

THE NORTHEAST DOCUMENT CONSERVATION CENTER is a nonprofit, regional conservation center specializing in the preservation and conservation of paper-based materials for libraries, archives, museums, and other collections-holding institutions.

For more information about NEDCC and its extensive online resources on
preservation, visit: www.nedcc.org

Professional Organizations

Archivists Round Table of Metropolitan New York: April meeting not yet listed. For information go to http://www.nycarchivists.org


ARMA, NYC Metro Chapter ARMA, NYC Metro Chapter’s next meeting will be on Wednesday, May 14th, from 5:30 to 8 PM at the Harvard Club, 35 West 44th Street, Manhattan. The speaker, Don Oppenheimer, will trace of evolution of records management from the days of “hard copy” through today’s collaborative workspace. You will take away a better understanding of the value of Wiki’s, Blogs, and Web 2.0 technology. For more information contact Frank LaSorsa at flasorsa@kelleydrye.com

News for Educators
Curate Your Own Exhibition at The New York Public Library, July 22 – July 25, 2008:

Learning at the Library, K-12 education outreach at the New York Public Library, will be offering $1,000 stipends to eight New York City area K-12 teachers to curate online exhibitions this summer, using materials from the NYPL Digital Gallery. Working with NYPL staff, educators will select images and research and create their own exhibitions. Participants will use a web-based publishing system to mount their exhibitions.

This work will unfold over the course of a week-long residency from July 22 – July 25, 2008. A portion of this time will be devoted to curator talks, collection visits and hands-on training for

teachers on conducting research in the Library. During the remainder of the time, participants will have the free use of our computer classrooms. Library staff will be available for consultation during this time for research assistance. Participants are also welcome to conduct research at any one of the four Research Libraries – The Humanities and Social Sciences Library, the Library for the Performing Arts, the Schomburg Center for Research in Black Culture, and the Sciences, Industry and Business Library. The week will culminate with a presentation of individual exhibitions on Friday.

The guidelines for the exhibition are as follows. The show must:
Incorporate at least forty items, each with museum labels of approximately two hundred words,
Contextualize the forty items with museum or chat labels of at least five hundred words,
Be supported with at least three pages (one thousand words) of support our guide copy, and
Support some aspect of the New York State Learning Standards.

We also hope that this seminar will be a starting point for participants’ future research; that participating teachers will continue to use our collections and these projects to spawn new work, and that participants will continue to call upon the Library and our staff throughout their teaching career.

To apply, please send an informal, one-page proposal including your contact information, position, school and topic by Friday, May 30 at 5:00 PM to Samantha Seeley, Education Outreach Assistant, The Research Libraries, Fifth Avenue and 42nd Street, New York, NY 10018. (212) 930-0086

Stay tooned!

Anyone wishing further information – you know where to find us!

718-923-4300 bparnes@mail.nysed.gov for Brenda
718-923-4301 mtorres@mail.nysed.gov For Miki

New York State Archives Web Site: http://www.archives.nysed.gov
Archives Partnership Trust Web Site: http://www.nysarchives.org


Download Your Free Screensaver from the Archives: Enjoy historic images from the Archives’ outstanding collection of photographs. Go to: http://www.nysarchives.org/g/screensaver/index.shtml

May 9, 2008

Global Business Law Conference: Frankfurt Germany May 29-30, 2008

ABA Section on Business Law

Specialized Cyberspace and Technology Programming
Sponsored by: Committee on Cyberspace Law

Web 2.0: Wikis, Blogs, Mash-Ups and Avatars; or, The Explosion of User Generated Content and the Legal Challenges That Arise -

Data Security Breach Incidents: The Law in the E.U., U.S. and Globally and How Businesses Should Prepare for the Crisis -

Committee Forum: The Internet Governance Forum of the United Nations - Implications for Business and the Future of the Internet -

For more information click on Conference Website

May 9, 2008

ABA Journal Weekly Newsletter May 9, 2008

Top Ten Stories:

Careers
How Rookie Lawyers Can Avoid Big Mistakes
May 8, 2008, 06:48 am CDT
"Most new lawyers make some mistakes, but some are worse than others, such as throwing huge tantrums, hiding errors and sending flaming e-mails. Steven Bennett, a partner at Jones Day and the author of The Path to Partnership, offers advice"

Personal Lives
'Totally Driven' Lawyer's Suicide a Wake-Up Call for Others
May 5, 2008, 03:45 pm CDT

Legal Ethics
Accused of Padding Timesheets, N.Y. Lawyer Quits Part-Time Job & Law Firm
May 5, 2008, 02:35 pm CDT

Legal Ethics
'Pants Suit' Judge Back in Court, Now Suing for Job and $1 Million
May 6, 2008, 06:51 pm CDT

Criminal Justice
Prominent London Lawyer Killed in Police Shootout
May 7, 2008, 11:26 am CDT

Law Firms
Firms Err When They Treat Pregnant Lawyers 'as Bellies,' Lawyer Says
May 7, 2008, 06:55 am CDT

Legal Ethics
Phila. Judge Booted from Bench Over 24-Year-Old Use of Bogus SS#
May 6, 2008, 06:00 pm CDT

Intellectual Property Law
Magazine Compiles Top 50 List of Young IP Lawyers
May 6, 2008, 07:12 am CDT

Law Firms
Cadwalader Shrinks Summer Associate Program
May 5, 2008, 07:25 am CDT

Labor & Employment
Lawyers Drugged at Bingham Events, Ex-Associate Says
May 8, 2008, 12:08 pm CDT

May 9, 2008

Opinion Summaries: Second Circuit U.S. Court of Appeals

From: Findlaw Opinion Summaries May 8, 2008

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING

US v. Desinor, No. 05-4500, 05-5907, 06-2256

"In a prosecution of multiple defendants for various drug-related offenses, their convictions are affirmed where: 1) defendants were not entitled to a jury charge on self-defense; 2) there was no error in a jury charge regarding the nexus between the drug conspiracy and the murder of a rival gang member; and 3) the evidence was sufficient to prove the existence of that nexus beyond a reasonable doubt. However, the sentence of one co-defendant is partially vacated and remanded where the district court imposed a consecutive sentence on that defendant for discharging a firearm without making the requisite finding of discharge"


CIVIL PROCEDURE, CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS

Thompson v. Choinski, No. 04-5079

"Dismissal of a habeas petition is affirmed in part and vacated in part where: 1) insofar as the petition challenged the conviction, it was a "second or successive motion" which did not satisfy the requirements for such a motion under 28 U.S.C. section 2255; 2) claims protesting conditions of confinement imposed by a state facility became moot when petitioner was transferred back to a federal prison; but 3) the district court erroneously dismissed claims protesting the federally imposed conditions of confinement based on petitioner's failure to exhaust state remedies and for other perceived defects in pleading."


CIVIL PROCEDURE, IMMIGRATION LAW

Dedji v. Mukasey, No. 05-5414

"An IJ has broad discretion, in the management of his docket, to enforce deadlines established by local rules, and to deviate from the local rules where: 1) petitioner has demonstrated good cause for the delay; and 2) substantial prejudice would likely result from the enforcement of the deadline. Further, abuse of discretion is the proper standard to apply in reviewing an IJ's decision to establish and enforce filing deadlines for submission of documents."

May 8, 2008

New York Supreme Court Appellate Division First Department Slip Opinions 05-08-08

To see the New York Supreme Court Appellate Division First Department decisions (including index) released on May 8, 2008, click on the links below:

Index to Slip Opinions Released May 8, 2008

Slip Opinions Released on May 8, 2008

People v. Ronald Moye


May 6, 2008

New York Supreme Court Appellate Division First Department Slip Opinions 5-6-08

To see the New York Supreme Court Appellate Division First Department decisions (including index) released on May 6, 2008, click on the links below

:Index to Slip Opinions May 6, 2008

Slip Opinions May 6, 2008

Joe Avins, etc et.al. v. Federal Employment Guidance Services, Inc., et.al.

May 6, 2008

Take the Lead: AALL Leadership Academy

Take the Lead:
AALL Leadership Academy
October 3-4, 2008
Hyatt Lodge
2815 Jorie Blvd
Oak Brook, Illinois 60523

REGISTER ONLINE NOW!

Registration Deadline: June 30, 2008

Law librarians in the early stages of their careers can get ahead in the profession by attending the first AALL Leadership Academy, October 3-4, 2008.

Train for leadership roles by acquiring both the self-awareness and strategies you need to merge as a leader within your organization and the profession. Academy participants will use self assessment tools, group exercises, case studies, and skill practice to develop eight key signatures of leadership. You Will Gain Key Leadership Strategies:

Identify and capitalize on your unique strengths while understanding how they may differ from others on your team.

Frame productive questions to understand your role in your workplace and the profession.

Expand your capacity for strategic thinking and decision mapping.

Increase your visibility, using meetings, speeches, and memos to show the value you bring to your organization.

Learn to work effectively with varied personalities and bridge generations.

Grow your capacity for creativity, innovation, and fresh ideas.

Build trust by translating your values into a vision for your leadership and organization.

Enhance your ability to embrace change.

Faculty:

The program will feature speaker Dr. Barbara Mackoff, leadership educator and widely-acclaimed expert in understanding the way leaders think. She is the author of five books, has been featured on "The Today Show" and "All Things Considered," as well as in The New York Times, USA Today, and the Washington Post, and was a keynote speaker for the Special Libraries Association.


Application and Selection

The academy application process is open to AALL members. Applications are accepted May 1-June 30, and 35 fellows will be selected and notified by mid-August. Applications will be accepted online and a link to the application will be available on this page beginning May 1. Interested applicants will be asked to outline professional experience, explain career/professional goals and give detail about participation and service to the profession.

Interested applicants should seek to obtain two professional recommendations (at least one from someone in a supervisory or managerial role). Please request your recommendations be sent to AALL Education Manager Celeste R. Smith at csmith@aall.org.

Selected fellows will participate in pre-engagement exercises, have an opportunity to obtain a mentor, and receive ongoing leadership development opportunities.

The cost of attendance will be $150.00. It will cover two nights of hotel, meals and academy materials. Fellows are responsible for covering transportation.

We would like to thank BNA for its sponsorship of the AALL Leadership Academy.

May 6, 2008

Practicing Law Institute: Hot Topic Briefings for May

Accounting Briefings - May

FAS 161 and FAS 133: Where Are We Now and Where Are We Going? : May 6


Corporate and Securities:

Say-on-Pay: Solution or Bigger Problem? : May 22

ETFs — Changes in the Regulatory Landscape : May 28


Corporate Compliance - May

PLI/Ethisphere Compliance Series: Global Perspectives on FCPA: South America : May 21


Employment Briefings - May

Sarbanes-Oxley Whistleblower Law: Significant Developments and Analysis of Trends : May 19


Green Law Briefings - May

Trading Carbon Credits in the EU: What U.S. Companies Need to Know : May 20


Privacy Briefings - May

Testing the Privacy Impact of Marketing Initiatives Before Going Live : May 12


For additional information regarding course descriptions and registration, click here.

May 6, 2008

Opinion Summaries: Second Circuit U.S. Court of Appeals

From: Findlaw Opinion Summaries May 5, 2008.

CRIMINAL LAW & PROCEDURE, SENTENCING, WHITE COLLAR CRIME

US v. Eberhard, No. 05-3431, 05-5248, 06-2913

"Conviction, sentence, and restitution ordered against defendant for conspiracy, investment advisor fraud, mail and wire fraud, and obstruction of justice, are affirmed over defendant's claims that: 1) application of newly-enacted 18 U.S.C. section 3771(a) was unconstitutional as applied to him under the Ex Post Facto and Due Process clauses; 2) the record did not support a four-level role enhancement under the sentencing guidelines; and 3) his sentence was substantively unreasonable in light of a probation office's recommended terms."

May 5, 2008

Web Based Services at the New York Supreme Court Criminal Term Library, New York County*

by: David Badertscher

For those who have not visited us, the New York Supreme Court Criminal Term Library of New York County (sometimes referred to as the New York Criminal Law Library) is located in lower Manhattan near the Brooklyn Bridge, City Hall, and State and Federal courthouses. Like other Supreme Court libraries located throughout the State of New York, it operates under the
auspices of the New York Unified Court System and participates in the various state-wide initiatives sponsored by the OCA Office of Legal Information.

Although the primary focus of this library is to provide reference and research support to personnel of the Criminal Term, its actual responsibilities and obligations are quite broad. Using its various collections in all formats, including digital, in conjunction with various web and online services, including a website and a weblog, this library functions as both an information repository and an information service. These resources and services enable it to reach out to patrons both local and worldwide, as time and resources permit. Part of the library's responsibility is to provide support as needed and operational oversight to the New York County Public Access Law Library, which is charged with serving those members of the public who need law-related information.

In order to discharge these responsibilities with limited staff, it has been necessary for the library to work cooperatively with library consortia and other groups to provide the added resources and services required to maintain an acceptable level of service. One of the organizations that has been especially helpful to us is the Metropolitan New York Library Council (METRO). The library has been a member of METRO since 1981. It was through METRO that we first learned of QuestionPoint and were invited to participate in a 2002 pilot project. With some initial apprehension we accepted the offer and became an active participant in the latter part of that year. The New York County Public Access Access Law Library has also been very helpful in enabling this library to maintain an acceptable level of web based reference services. Since may of our QuestionPoint users are public patrons a majority of those questions are now handled by that library; Theodore Pollack, the Senior Law Librarian at the Public Access Library also serves as my backup administrator for QuestionPoint. We are grateful for the assistance of Ted and his staff in helping support this effort.

Despite some initial reservations that we might not be able to keep up with expectations and workflow, the use of QuestionPoint has been quite successful for us. It serves as a useful and important adjunct to our other web based services in both reaching out to our patrons and through its referral features. It enables us to augment our resources in ways otherwise impossible. For example on more than one occasion we have used QuestionPoint to search worldwide for materials that would otherwise have been unobtainable. In order to make it work for us, however, we have needed to avoid some of the features that are essential to others. We do not use chat or any form of instant messaging because we simply do not have the appropriate staff resources to make this work satisfactorily for us. We have not, however, found the lack of chat a limitation at all.

Over the past few years many libraries, including this one, have been involved in lively discussions as to how best to respond to demands for digitized information which can be retrieved at any time from a variety of devices, both stationary and mobile. After some experimentation, our response has included the use of blogging technology coupled with rss feeds. In 2004 we introduced the New York Supreme Court Criminal Term Library blog powered by Bloglines, http://www.bloglines.com/blog/pll . It incorporates many features including a link to our QuestionPoint form for submitting reference questions, RSS feeds, and the capability of storing online reference, legislative, and other information useful to patrons. This blog based outreach service also serves as a vehicle for sending New York Legislative Activity Reports, updated information regarding appellate court criminal decisions originating from this court, and other relevant updated information directly to the work stations of judges and judicial staff on a regular, ongoing basis. It is popular with both court personnel and public users and remains our most effective outreach service on the web. As of April 29, 2008 it is visited by an average of 153 patrons per day and 1,069 per week. We obtain this and additional statistical information through special software designed to collect statistical information regarding website use. Reports are sent to me weekly.

Although the New York Supreme Court Criminal Term blog remains both useful and popular, we have found it necessary to also create a new blog, www.criminallawlibraryblog.com, to take advantage of added features which cannot be incorporated effectively into the original blog. For example, the new blog includes both a QuestionPoint form for submitting questions and a direct link to the public portion of the QuestionPoint knowledgbase. Using this feature, users are able to type in key words which will in turn retrieve questions/answers in the knowledgbase which correspond to their queries. The global knowledgbase feature is located near the upper left part of the screen of our newest blog. This particularly innovative feature has been developed and included as a direct result of the inspiring online QuestionPoint presentation this summer by Peter Armenti of the Digital Reference Team at the Library of Congress. This blog also includes the capability for uploading documents not currently on the web, a useful feature not included in the original blog. Finally, the Criminal Law Library Blog has substantially greater search capabilities. In order to adequately describe the added features included in the Criminal Law Library Blog, we are calling it an "added value blog."

We are encouraged by the positive responses from library patrons both inside and outside the courts to these services. These responses along with statistics gathered and staff observations demonstrate that by introducing these initiatives along with others sponsored by the Office of Legal Information, the library has been able to meet reference, research, and access needs of patrons far more effectively than in the past. Our hope is to be able to continue developing web based services and to work together with others to improve access and services for all of our libraries. Recently I have taken classes offered by the Unified Court System in the setting up and use of WIKI's, preparing and tabulating web based surveys, aa well training in the development of public access applications using specialized web based software. Only time will tell if we are able to inplement additional services using these applications.
_____________________________________
*This posting is based on an article recently prepared for publication in a future issue of Pro Se the newsletter of the New York State Unified Court Law Libraries Association.

May 5, 2008

Results of Survey: Library Use of E-Books

Primary Research Group has published Library Use of E-books, 2008-09 Edition, (isbn 1-57440-101-7) and would like to share some of the results. *

Data in the report is based on a survey of 75 academic, public and special libraries.. Librarians detail their plans on how they plan to develop their e-book collections, what they think of e-book readers and software, and which e-book aggregators and publishers appeal to them most and why. Other issues covered include: library production of e-books and collection digitization, e-book collection information literacy efforts, use of e-books in course reserves and inter-library loan, e-book pricing and inflation issues, acquisition sources and strategies for e-books and other issues of concern to libraries and book publishers.

Some of the findings of the 110 page report are:

• Libraries in the sample expected to renew over 77% of their current contracts.

• Well over 81% of the sample cataloged their e-book collection and listed it in their online library catalog.

• E-book spending by libraries is growing rapidly in 2008 but by significantly less than in 2007.

• For the most part, librarians in the sample felt that their patrons were less skilled in using e-book collections than they were in using databases of magazine, newspaper and journal articles.

• The libraries in the sample had MARC records for a mean of approximately 74% of the e-books in their collections.

• Many libraries reported significant use of electronic directories. 12.5% reported extensive use and 30% said that use was significant. The larger libraries reported the heaviest use.

• Use of e-books in the hard sciences was particularly high. More than 30% of participants said that use of e-books in the hard sciences (defined as chemistry, physics and biology) was quite extensive and another 26% noted significant use.

• Libraries in the sample maintained a print version for a mean of 24% of the e-books in their e-book collections.

• Nearly 21% of the libraries in our sample have digitized out-of-copyright books in their collections in order to make their contents more available to their patrons.

• E-books account for only about 3.9% of the books on course reserve, with a minimum of 0 to a maximum of 30%.

• Nearly 70% of the sample’s total spending on e-books was with aggregators, while just over 24.6% of the total spending was spent with individual publishers.

Data is broken out by library budget size, for US and non-US libraries and for academic and non-academic libraries. The report presents more than 300 tables of data on e-book use by libraries, as well as analysis and commentary.

For further information view our website at www.PrimaryResearch.com.
____________________________________
*It would be interesting to know how many, if any, of the respondents to this Survey were law libraries. While doing some work in related legal reference information in digital formats, I was suprised at how few references I found which mentioned e-books.
David Badertscher

May 5, 2008

New York Chapter Law List as of May 4, 2008

The following is a list of New York legislation that has been passed by both houses of the legislature and signed by the governor (Chapter Laws) as of May 4, 2008.:

DayBreak Report: Chapter Law List Run Date: 05/04/08 10:22 PM

Chapter Bill No.:


1. S6422 NOZZOLIO -- Relates to the confinement conditions and treatment of convicted persons with serious mental illness; repealer
BLURB : Cor. confinement of mentally ill
Chapter Signed Date Effective Date
1 01/28/2008 provided that:
(a) §§1, 2, 3, 4 and 5 and subds 2 and 3 of §401-a of the correction law as added by §6 shall take effect two years after the date that the commissioner of correctional services certifies to the legislative bill drafting commission that the first residential mental health unit constructed by the department of correctional services is completed and ready to receive inmates, provided, however that such sections shall take effect no later than 7/1/2011;
(b) §§6 and 7 shall take effect 7/1/2008; and
(c) the commissioner of mental health and the commissioner of correctional services are immediately authorized to promulgate rules and regulations necessary to implement the provisions of this act on their respective effective dates

Last Act: 01/28/08 SIGNED CHAP.1
01/28/08 APPROVAL MEMO.1

2 S6423A NOZZOLIO -- Exempts county jails from the requirement to divert inmates with serious mental illness to a residential mental health treatment unit
BLURB : Cor. county jail: mentally ill
Chapter Signed Date Effective Date
2 01/28/2008 takes effect on the same date and in the same manner as §4 of chapter 1/2008, amending the correction law and the mental hygiene law relating to confinement conditions and treatment of convicted persons with serious mental illness, as proposed in legislative bills numbers S.6422 and A.9342, takes effect
Last Act: 01/28/08 SIGNED CHAP.2

3 S6477 PADAVAN -- Relates to distributing unsolicited advertising on private property in cities with a population of one million or more
BLURB : Gen Bus L. unsolicited advertisng
Chapter Signed Date Effective Date
3 01/28/2008 provided that §1 shall take effect on (11/13/2007) the same date and in the same manner as chapter 585/2007, takes effect
Last Act: 01/28/08 SIGNED CHAP.3

4 S6487B MAZIARZ -- Relates to a review of the condition of cafeterias in school districts of N.Y. city; repealer
BLURB : Lab. school cafeterias; NYC; rvw
Chapter Signed Date Effective Date
4 01/28/2008 provided that §2 shall expire 3/2/2008 when upon such date the provisions of such section shall be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.4

5 S6495 MALTESE -- Relates to provisional employees of certain public employers
BLURB : Civ Serv. provisional employees
Chapter Signed Date Effective Date
5 01/28/2008 and shall expire 12/31/2014 when upon such date the provisions of this act shall be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.5

6 S6509 LEIBELL -- Provides a real property tax exemption for Cold War veterans
BLURB : RPT L. Cold War vet; exempt
Chapter Signed Date Effective Date
6 01/28/2008 takes effect on (1/03/2008) the same date and in the same manner as chapter 655/2007, takes effect
Last Act: 01/28/08 SIGNED CHAP.6

7 A8582A Alessi (MS) -- Relates to the prevailing wage paid by individuals who are awarded public works contracts
BLURB : Lab. prevailing wage
Chapter Signed Date Effective Date
7 01/28/2008 takes effect on (4/27/08) the ninetieth day after it shall have become a law
Last Act: 01/28/08 signed chap.7
01/28/08 approval memo.2

8 S6519A FLANAGAN -- Relates to guaranteeing payment of prevailing wages to the workers of New York state; repealer
BLURB : Lab. prevailing wages for workers
Chapter Signed Date Effective Date
8 01/28/2008 takes effect on (4/27/08) the same date and in the same manner as a chapter of the laws of 2007 (became Ch. 7/08), amending the labor law and the general municipal law relating to guaranteeing payment of prevailing wages to the workers of New York state, as proposed in legislative bills numbers S. 5506-A and A. 8582-A, takes effect; provided that the amendments to subpars (iii) and (iv) of par a of subd 3-a of §220 of the labor law made by §3-a shall take effect on (2/24/08) the same date and in the same manner as chapter 629/2007, takes effect, when upon such date the provisions of §3 shall expire and be deemed repealed
Last Act: 01/28/08 SIGNED CHAP.8
01/28/08 APPROVAL MEMO.2

9 S6549 FUSCHILLO -- Relates to special academic grants to the Roosevelt Union Free school district; makes an appropriation to defray the deficit of such school district
BLURB : ED L. Roosevelt UFSD; grants
Chapter Signed Date Effective Date
9 01/28/2008 01/28/2008
Last Act: 01/28/08 SIGNED CHAP.9

10 S6773 ROBACH -- Relates to compensation benefits and other terms and conditions of employment of certain state officers state officers and employees; repealer;appropriation
BLURB : Civ Serv. comp benefits
Chapter Signed Date Effective Date
10 01/28/2008 provided that the applicable effective date for Parts A through B shall be as specifically set forth in the last section of such Part
PART A
§ 27. immediately and shall be deemed to have been in full force and effect on and after 4/2/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
PART B
§18. immediately and shall be deemed to have been in full force and effect on and after 4/1/2007. Appropriations made by this act shall remain in full force and effect for liabilities incurred through 3/31/2009
Last Act: 01/28/08 SIGNED CHAP.10

11 A9817 John -- Relates to rates for workers' compensation insurance and sets forth conditions for a workers' compensation rate service organization; repealer
BLURB : Work C. workers' comp rate servc
Chapter Signed Date Effective Date
11 01/28/2008 takes effect 2/1/2008; provided that the amendments to par 2 of sub§ (a) of §2316 of the insurance law made by §11 shall take effect on the same date that §68 of chapter 6/2007 takes effect; provided that the amendments to §2316 of the insurance law made by §11 shall not affect the expiration of such section pursuant to §2342 of the insurance law and shall be deemed expired therewith; and provided that §10 shall expire and be deemed repealed 6/2/2013.
Last Act: 01/31/08 signed chap.11

12 A9551A Towns (MS) -- Relates to extending the provisions of chapter 591 of 2001 relating to limiting the check cashing exemption for national banks
BLURB : Banking; extd 591/01; check cash
Chapter Signed Date Effective Date
12 02/11/2008 02/11/2008
Last Act: 02/11/08 signed chap.12
02/11/08 approval memo.3

13 A9650 Schimminger (MS) -- Extends the sales and compensating use tax for the county of Erie until November 30, 2010
BLURB : Tax. Erie county sales tx; extndr
Chapter Signed Date Effective Date
13 02/11/2008 02/11/2008
Last Act: 02/11/08 signed chap.13

14 S5978A LIBOUS -- Extends provisions relating to rental vehicle provisions
BLURB : Motov extnds rentl vehcl provis
Chapter Signed Date Effective Date
14 02/19/2008 02/19/2008
Last Act: 02/19/08 SIGNED CHAP.14

15 S6446A GOLDEN -- Makes certain corrections relating to substantial government assistance, continued affordability, and certain other areas relating to real property
BLURB : RPT L. real property ch amendment
Chapter Signed Date Effective Date
15 02/19/2008 provided that §§ 1, 5 and 7 shall be deemed to have been in full force and effect on (8/17/07) the same date and in the same manner as ch 619/2007 took effect; and provided that §§ 2, 3, 4, 6 and 8 shall be deemed to have been in full force and effect on (8/17/07) the same date and in the same manner as ch 618/2007 took effect
Last Act: 02/19/08 SIGNED CHAP.15

16 A9340A Aubry -- Makes a technical amendment relating to the probation detainer warrant pilot program
BLURB : CP L. detainer warrant pilot: cor
Chapter Signed Date Effective Date
16 02/19/2008 provided that the amendments to subd 2 of § 410.92 of the criminal procedure law made by § 1 shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith
Last Act: 02/19/08 signed chap.16

17 A9443 Bradley -- Relates to the tax on real estate transfers in towns
BLURB : Tax. real estate trnsfrs in towns
Chapter Signed Date Effective Date
17 02/19/2008 takes effect on (1/1/08) the same date and in the same manner as ch 596/2007, takes effect
Last Act: 02/19/08 signed chap.17

18 A9998 Pretlow (MS) -- Relates to racing corporations and associations; simulcasting and imposition of certain taxes
BLURB : RWB. racing corporations
Chapter Signed Date Effective Date
18 02/19/2008 provided, that §§ 14 and 16 shall take effect on the same date as the non-profit racing association known as The New York Racing Association, Inc.'s confirmation of a plan of reorganization in the pending
bankruptcy proceeding in the Southern District of New York; provided that the franchise oversight board shall notify the legislative bill drafting commission upon the occurrence of such confirmation of such plan of reorganization in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of § 44 of the legislative law and § 70-b of the public officers law; provided that the amendments to § 208-b of the racing, pari-mutuel wagering and breeding law made by § 16 shall be repealed on the same date as such section is repealed pursuant to ch 354/2005, as amended; provided that the amendments to para b of subd 3 of §527 of the racing, pari-mutuel wagering and breeding law made by § 69 shall not affect the expiration of such subdivision and shall be deemed to expire therewith; and provided the amendments to § 909 of the racing, pari-mutuel wagering and breeding law made by § 82 shall not affect the repeal of such section and shall be deemed to be repealed therewith; provided that the amendments to § 912 of the racing, pari-mutuel wagering and breeding law made by § 85 shall not affect the expiration and repeal of such section and shall be deemed to expire therewith; provided that the amendments to § 1012 of the racing, pari-mutuel wagering and breeding law made by § 93 shall not affect the expiration of such section and shall be deemed to expire therewith; provided that §101 shall take effect 4/1/2008; provided that at the conclusion of each twelve month interval following the effective date of § 101, the lottery division shall make a report to the governor and legislature assessing the impact of the redistribution of video gaming machine revenues as provided for in this act with special attention to evaluating the effects on funding education aid, and making such recommendations as such lottery division analysts believe may enhance the revenue production in support of education from the conduct of video gaming; and §102-a shall take effect on (1/1/09) the first of January next succeeding the date on which it shall have become a law; and the amendments to § 1617-a of the tax law, made by §102, shall not affect the repeal of such section and shall be deemed repealed therewith
Last Act: 02/19/08 signed chap.18

19 A9820 Abbate (MS) -- Establishes retirement programs to permit members of the New York city teachers' retirement system and certain others to retire early without a reduction
BLURB : R & SS. nyc tchrs retire incntve
Chapter Signed Date Effective Date
19 02/27/2008 provided that:
(a) the amendments to §§ 603 and 613 of the retirement and social security law made by §§3, 3-a, 4 and 6 and the provisions of §5 adding §604-i to the retirement and social security law shall not affect the expiration of and shall expire on the same date as article 15 of such law, pursuant to §615 of the retirement and social security law;
(b) the amendments to subd a of §603 of the retirement and social security law made by §3 shall be subject to the expiration and reversion of such subdivision pursuant to §13 of chapter 682/2003, as amended, when upon such date the provisions of §3-a shall take effect;
(c) the provisions of §§6, 7, 8, 9, 10, 11, 12 and 13 shall remain in force and effect only so long as, pursuant to federal law, contributions picked up under such sections are not includible as gross income of a member for federal income tax purposes until distributed or made available to the member;
(d) the amendments to §13-521.1 of the administrative code of the city of New York made by §§7, 8, 9 and the amendments made to subd 19 of §2575 of the education law made by §§10, 11, 12 and 13 shall not affect the expiration of such provisions as provided for in chapter 681/1992, as amended; and
(e) the amendments to subd d of §613 of the retirement and social security law made by §6 shall not affect the expiration of such subdivision and shall be deemed to expire therewith
Last Act: 02/27/08 signed chap.19
02/27/08 approval memo.4

20 S6421A LIBOUS -- Relates to occupants of school buses between four and seven years of age
BLURB : V & T L. schl bus; 4 to 7 yr olds
Chapter Signed Date Effective Date
20 03/04/2008 takes effect on (11/1/07) the same date as chapter 241/2007 took effect
Last Act: 03/04/08 SIGNED CHAP.20

21 A6344B Gunther (MS) -- Requires policy holders to be provided with an annual notice that their policy does not cover damage caused by flooding or mudslides
BLURB : Ins. flood insurance annual notic
Chapter Signed Date Effective Date
21 03/04/2008 takes effect on (8/31/08) the one hundred eightieth day after it shall have become a law
Last Act: 03/04/08 signed chap.21

22 A8813A Weprin -- Enacts the fraternal benefit society modernization act of 2008
BLURB : Ins. fraternal beneft soc moderni
Chapter Signed Date Effective Date
22 03/04/2008 03/04/2008
Last Act: 03/04/08 signed chap.22

23 A8925 Cahill -- Relates to adding the Esopus creek to the list of state creeks
BLURB : Exec. Esopus creek added
Chapter Signed Date Effective Date
23 03/04/2008 03/04/2008
Last Act: 03/04/08 signed chap.23

24 A9357A Ortiz -- Chapter amends S. 6159-A and A. 9191, relating to residential services for the treatment of eating disorders; repealer
BLURB : Pub Heal. residential: eating dis
Chapter Signed Date Effective Date
24 03/04/2008 and shall be deemed to have been in full force and effect on (8/28/07) the same date as chapter 676/2007; provided, further that the amendments to subd 2-a of §2799-h of the public health law made by §1 shall not affect the repeal of such subdivision and shall be deemed repealed therewith
Last Act: 03/04/08 signed chap.24

25 A9419 Glick -- Provides that no person shall stun to facilitate the killing of a fur-bearing animal by means of an electrical current
BLURB : Ag & Mkts. fur-bearing animals
Chapter Signed Date Effective Date
25 03/04/2008 takes effect on (10/27/07) the same date as chapter 642/2007 takes effect
Last Act: 03/04/08 signed chap.25

26 A9462 Sweeney (MS) -- Relates to the New York invasive species council
BLURB : En Con L. NY invasve species cncl
Chapter Signed Date Effective Date
26 03/04/2008 takes effect on (12/26/07) the same date and in the same manner as chapter 674/2007, takes effect
Last Act: 03/04/08 signed chap.26

27 S4324B MAZIARZ -- Enacts the Great Lakes - St. Lawrence River Basin Water Resources Compact
BLURB : En Con L. Grt Lks/St. Law compact
Chapter Signed Date Effective Date
27 03/04/2008 except that this act shall be deemed repealed on 12/31/2011, if before such date the congress of the United States has not given its consent and approval to the Compact. This act shall be deemed repealed in the event that the Compact is terminated as provided in article 8 of the Compact
Last Act: 03/04/08 SIGNED CHAP.27

28 A9387A Destito -- Increases income eligibility levels for persons employed by Green Thumb Environmental Beautification, Incorporated
BLURB : Exec. Green Thumb; employ income
Chapter Signed Date Effective Date
28 03/17/2008 and shall apply only in the case of persons who apply for employment after such effective date
Last Act: 03/17/08 signed chap.28

29 S6404 MALTESE -- Relates to the membership of the New York city transit authority track safety task force
BLURB : Tran. nycta track safety tsk frce
Chapter Signed Date Effective Date
29 03/17/2008 takes effect on (10/1/07) the same date and in the same manner as chapter 209/2007, takes effect; provided that if this act shall become a law after such effective date, it shall take effect immediately and be deemed to have been in full force and effect on and after such effective date
Last Act: 03/17/08 SIGNED CHAP.29

30 S6447 MAZIARZ -- Clarifies state and local sales and compensating use tax exemptions applicable to city of Niagara Falls public safety and court facility project
BLURB : Niagara Falls pblc sfty/crt prjct
Chapter Signed Date Effective Date
30 03/17/2008 shall be deemed to have been in full force and effect on and after 8/1/2007 and shall apply in accordance with applicable transitional provisions in §§1106 and 1217 of the tax law
Last Act: 03/17/08 SIGNED CHAP.30

31 S6490 NOZZOLIO -- Relates to permitting employees to use leave time to donate blood
BLURB : Lab. blood donation; leave time
Chapter Signed Date Effective Date
31 03/17/2008 takes effect on (12/13/07) the same date and in the same manner as chapter 578/2007, as amended, takes effect
Last Act: 03/17/08 SIGNED CHAP.31

32 S6552 HANNON -- Adds additional members to the health research science board and provides for their appointment
BLURB : Pub Heal. research science board
Chapter Signed Date Effective Date
32 03/17/2008 and shall be deemed to have been in full force and effect on and after 8/28/2007
Last Act: 03/17/08 SIGNED CHAP.32

33 A10039 Gunther (MS) -- Increases the dollar amount of bonds which may be issued by the medical care facility finance agency
BLURB : NYS med care facil finac agency
Chapter Signed Date Effective Date
33 03/25/2008 03/25/2008
Last Act: 03/25/08 signed chap.33

34 A10199 Budget -- Deficiency budget; makes appropriations for the support of government
BLURB : Deficiency budget
Chapter Signed Date Effective Date
34 03/26/2008 and shall be deemed to have been in full force and effect on and after 4/1/2007
Last Act: 03/26/08 signed chap.34

35 A10200 Budget -- Amends chapter 57 of the laws of 2007 relating to authorizing certain payments and transfers
BLURB : Ch. 57/2007 authorize payments
Chapter Signed Date Effective Date
35 03/26/2008 and shall be deemed to have been in full force and effect on and after 4/1/2007
Last Act: 03/26/08 signed chap.35

36 A10052 Gottfried -- Extends provisions of chapter 426/1983 and 582/1984 relating to regulations of physician activities and physician misconduct proceedings
BLURB : Pub Heal. extend chap. provisions
Chapter Signed Date Effective Date
36 03/31/2008 provided however that the amendment to subpar (ii) of par (c) of subd 11 of §230 of the public health law made by §3 shall not affect the expiration of such subpar and shall be deemed to expire therewith
Last Act: 03/31/08 signed chap.36

37 A10418 Rules -- Enacts into law major components of legislation necessary to implement the state fiscal plan for the 2008-2009 state fiscal year
BLURB : Budget emergency approp art VII
Chapter Signed Date Effective Date
37 03/31/2008 shall be deemed to have been in full force and effect on and after 4/1/2008; provided that this act shall expire upon enactment of legislation constituting the 2008-2009 budget, when, upon such date, the provisions of this act shall expire and be deemed repealed
Last Act: 03/31/08 signed chap.37

38 A10419 Rules -- Makes appropriations for the support of government
BLURB : Budgbi appr.support of government
Chapter Signed Date Effective Date
38 03/31/2008 shall be deemed to have been in full force and effect on and after 4/1/2008; provided that upon the transfer of expenditures and disbursements by the comptroller as provided in §10, the appropriations made by this act and subject to such section shall be deemed repealed.

Last Act: 03/31/08 signed chap.38

39 S7300 LITTLE -- Authorizes the distribution of certain amounts to counties and cities
BLURB : Stat dist cert amts
Chapter Signed Date Effective Date
39 03/31/2008 03/31/2008
Last Act: 03/31/08 SIGNED CHAP.39

40 A9401 Gunther -- Authorizes the submission of the security plan for a museum containing knives that are unlawful to possess to the police department or sheriff's office
BLURB : Ed L. knife museum: security plan
Chapter Signed Date Effective Date
40 04/07/2008 takes effect on (2/11/08) the same date and in the same m