Posted On: November 30, 2007

Should the Web Be Changed From WWW to GGG (Giant Global Graph) ?

David Badertscher

"Why we need to move from thinking about Web pages to thinking about the information on those pages."

http://www.gcn.com/blogs/tech/45477.html

The above quote and link refer to a recent posting by Joab Jackson in which he discusses an idea recently put forward in a posting by the "father of the web" Sir Berners Lee. Berners Lee writes "The net links computers, the web links documents...now people are making another mental move. There is a realization now, its not the documents, its the things they are about which is important." He is proposing that we think to the web as not a www (World Wide Web) but as a GGG (Giant Global Graph). As I understand it, he believes that the www model places too much emphasis just on documents themselves, not enough emphasis on specific information or content within documents on the web and is proposing a different model (GGG) as a possible way of addressing these concerns.

In his own posting referenced above, Joab Jackson interprets Berners Lee's idea as ..."in other words, with the Web we think of web sites, but we really need to move toward thinking about specific information we are trying to retrieve from the Web." Joab also quotes Dr. James Hendler a professor of computer and cognitive science at the Rensslear Polytechnic Institute who who is familiar with Berners Lee's thinking. According to Dr. Hendler, "as we seek more on the spot information with our mobile devices, we increasingly need a more nuanced way of retrieving that information...For instance if we just need an address, we don't need an entire Web page, or database, that contains that addressd. We just need the address itself."

Reading through this material and the Berners Lee post, I was struck by the thought that librarians, who have become highly dependant on the web in their work as information specialists, have long been concerned about these and related issues and are also working to resolve them . As information of all types, both accurate and inaccurate, becomes increasingly accessible, librarians too have been concerned about the need for more nuanced methods of not only finding specific information but determining if that information is both reliable and meets the needs of their patrons. There is a need for real collaboration if the semantic web and other ideas being put forward by Tim Berners Lee and others to ensure that the information needs of society are truly addressed as the web continues to evolve.

Although the idea of changing the web from WWW to GGG is certainly provocative and perhaps beneficial in providing a clearer description of its evolving functions, it is the effective resolution of issues raised by SirTim Berners Lee and others in this discussion that are of paramount importance, regardless of what naming conventions are eventually adopted. Looking ahead, concerns about content within documents on the web will become progressively more urgent.

Those concerns include issues related to accuracy, accessibility, reliabiality, authenticity, and in terms of some legal information, whether the documents containig the information are official or unofficial. These are among the areas where librarians can be especially helpful in moving the web forward.

Posted On: November 30, 2007

Changes to Federal Civil and Judicial Procedure and Rules

As many of you already know, significant changes, both stylistic and substantive, are being made to the federal judicial procedure and rules. We understand these changes will become effective on December 1.

Recently we have received some e-mails from the publisher Thomson West alerting us to the changes and providing a link to more substantive discussion and a video on their website. For your convenience we are reproducing two of the e-mails here. The first e-mail was sent of November 14 and the second on November 30.

First e-mail:

Dear Colleagues,

In response to the discussion about the far-reaching changes to the Federal Civil Rules of Procedure, we have posted a 5 minute video featuring the authors of the Federal Civil Rules Handbook. The authors, Steven Baicker-McKee and Professor William Janssen, discuss the dramatic amendments to the Federal Rule of Civil Procedure, and why every major rule and form is changing on December 1, 2007. The video can be found under the "What's New for Law Librarians" section at: www.west.thomson.com/librarian.

The changes have mostly come about as a result of a comprehensive overhaul by a federal style committee. There are stylistic and substantive changes, and all the forms have changed as well.

Thomson West has published the Federal Civil Rules Handbook just in time for the coming rule changes. All rule changes will be in this volume, along with all the new forms, and a great deal of annotated commentary. There will also be a "roadmap" at the end of each rule indicating the Style Project changes and the non-stylistic (substantive) changes to the rules.

We hope this information will be helpful to you.

Second e-mail:

Dear Colleagues,

Additional documentation has been added to the Librarian Relations Web site regarding the upcoming Rules changes. Please see http://west.thomson.com/librarian for a chart comparing the features of Federal Civil Judicial Procedure and Rules, 2007 Revised Ed., with those of the Federal Civil Rules Handbook 2008, plus an FAQ about the rules amendment process. You may also access in-depth information about the Handbook at this site.


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Posted On: November 26, 2007

Six Techniques to Get More from the Web than Google Will Tell You

The following is from an article by Margaret Locher, published in the November 26, 2007 issue of CIO Insider. We especially call your attention to item 2 where she discusses the importance and usefulness of blogs in research:
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Professional librarians and researchers will tell you that the Web has many unexplored opportunities for finding more information on business topics. Pursue these six techniques to improve your research results:

1. Use Search Engines and Wikipedia to Find Quality Research Sources
Search engines are a good place to begin. It makes sense to start at search sites like Google, Yahoo and Ask.com, and to see if there’s an article on Wikipedia. But use them to carry you to better places.

“Wikipedia itself is very hit or miss,” says Ann Cullen, an adjunct professor at Simmons College’s library science program and curriculum services librarian at Harvard Business School's Baker Library. “I have seen Wikipedia entries that shocked me because of what was not included. And others blew me away because they were so good.” Cullen adds that “Wikipedia is an excellent avenue for finding other resources, but Wikipedia itself should not be the source.”

Other search engines like GeniusFind and Beaucoup categorize topic-specific databases such as network solutions and software platforms, making them a good place to start.

2. Search Blogs for Specialized Experts Who Sift Through the Web for You
Blogs and forums are online homes for subject experts. One way to use Google as a jumping-off place is to perform a keyword search using its Blog Search function.

Blogs are a fantastic way to see what your colleagues around the world are thinking about on any given topic, from supply chain management to any kind of system implementation. But go in with eyes wide open: Google often brings you to sites that want to sell you something.

“It’s hard to separate ‘selling’ from trend discussion and learning,” says Jessamyn West, technology librarian and international speaker, who has a popular library blog (www.librarian.net) that keeps library professionals up to date on research and technology trends.

But again, Google isn’t the only search engine that allows you to move efficiently through blogs. Cullen at Harvard Business School’s Baker Library says, “The best blog search I’ve seen, which breaks it out by categories, is QuackTrack.” QuackTrack is a large browsable blog index, listing more than 11,000 blogs under technology and its subcategories.

If you can sift through the selling, a blog is a great way to get information, West says. Technorati, a site that aggregates user-generated content like blogs, has a popularity index for its material that is a good way to gauge how reliable the information you’re reading is. Cullen says, “If you can move through the noise on blogs, depending on the subject they might be a great way to get insight on what people are thinking.”

Blogs also save you time. “If you find people who blog on your topic, then they will link to other valuable and relevant sites. Then you don’t have to read 100 blogs, but you read the blog of the guy who reads 100 blogs,” says West.

Anther website that helps locate blogs is Blogdigger.

If you find a blog you like, subscribe to its RSS feed so you are alerted to updates. Checking to see how many subscribers or comments a blog has is another way to determine how much to trust what the blogger says.

Reading the comments can be as valuable as reading the blog itself. Blogs create an environment for dialog, so it isn’t just the author’s thoughts that are worth reading.

To that end, finding forums of real people's discussions is a great way to learn about trends and hot topics, as well as to get feedback on a specific software or company. For example, Cullen points to Harvard Business School’s Working Knowledge, which is a forum for business innovation conversations, broken down by topic and industry. Vendors such as Oracle and Microsoft have user forums. And users have their own forums, for subjects like extreme programming and software quality assurance.

3. Study Business School Websites
Academic institutions share their knowledge online. If you locate a school with a good MBA program, one that has incorporated technology elements into its curriculum, you can read the information being released by the students or professors. “Academics are often the only people publishing statistics on business technology,” West says. “And if they are into a particular technology topic, they are likely to blog about it.”

You can use Google to look for business school websites and their library branches; there are more than 200 of these universities and associations, and more than 200 MBA blogs. Each site has different research resources. Cullen also directs Harvard MBA students to BizSeer, a free online database of academic business literature (that also allows you to search business schools).

Or, pick a business school and look at its library’s electronic resources page. For example, Harvard’s Baker Library has a website page that links to professional researchers, such as New York Public Library’s Express Research Service which charges a fee for research.

“Many of the research databases that a business school has will be resources that companies use,” Cullen says. “At Harvard Business School, the resources we select are often the resources our students will be using in their jobs.”

What's Trustworthy Online?
How do you know what information you can trust online? Here are five tips from a research librarian:

1. The URL domain: If a URL ends in .edu, .gov or .org, you can bet the information you’ll find there is primary. Primary sources are more authoritative than secondary sources.

2. Website audience size and reach. This is especially true for blogs. The more people who link to it or subscribe to it, the more you can trust it.

3. Membership ranks. For trade associations, check out what companies are listed as members. Big names that you recognize will tell you the association is reputable.

4. Source materials. Think about Wikipedia. Wikipedia itself is not trustworthy because it is written by anyone, not necessarily an expert, and includes articles by contributors with an agenda. Scroll to the bottom of the entry and go to the links that are cited under References. The more references (ideally to news articles or books), the more trustworthy the wiki entry.

5. Quality of links and listed resources. Generally, the more primary the information, the better. But you’re busy. So look for a good aggregator of firsthand information. For example, a blog might cite a book that cites a white paper. You can’t necessarily trust the blog, or even the book. And the white paper is the result of months of research.

If you can access that raw research itself, that’s the most perfect source of information, but “the white paper is where a CIO should go, not to the research,” says technology librarian Jessamyn West. “Half the trick of being CIO is finding good, secondary cultivators of primary sources.”

4. Find Statistical Data on Government Sources
Government sites publish public data. They may not have cutting-edge information on your topic of choice, but government sites are great for hard data and statistics, both current and historical.

Try the index at FedStats, or The Library of Congress’s Business Reference Services research center on science, technology and business. If you’re interested in greening your IT shop, check out the energy statistics on the Energy Information Administration's website.

And if you are searching for career or trend information, the Bureau of Labor Statistics has a wealth of it. Career Guide to Industries, and Overview of Statistics by Industry or Occupation are good places to check out.

5. Research Trade Groups and Online Publications for Current Topics, Best Practices
Trade magazines and trade associations update you on current trends in professional thinking. They also are great for research in hot topics. (CIO.com fits into this category.)

Associations are communities where people come together to share their ideas and problems. Cullen says that not only are associations and publications great resources for a business researcher, but their trade shows are often invaluable as well. If you are unable to attend, check out the show’s website for the topics that are being discussed to stay abreast of what’s on people’s minds. Ideally, the site will have downloadable material you can browse.

Try groups like the Business Technology Association. An example of a more narrowly focused group is the 1394 Trade Association, composed of companies and executives who are interested in supporting an IEEE standard for consumer electronics systems. Such groups can help your own research agenda.

To find others, go to the Business.com search site and select the industry you are interested in and then click on associations. You can also search at the Union of International Associations and the American Society of Association Executives’ Gateway to Industry Associations.

6. Visit the Library for More Research Sources and Online Data
Libraries and professional services organizations are trained to help researchers. You should consider visiting the physical library, or at least the webpage for your local library or for the library at a top business school.

It may sound archaic. But libraries, especially in larger urban areas, have access to subscription databases that contain a wealth of trustworthy information that you would be unlikely to find elsewhere (and unable to access without free use of the library’s subscription).

Popular research databases like OneSource, Hoover’s, Standard & Poor’s and Data Monitor are excellent business information hubs. Print news aggregators like Factiva and LexisNexis allow you to perform keyword searches on business publications such as The Wall Street Journal, Fortune and Harvard Business Review—three great publications for current business information.

If you’re overwhelmed, enlist the help of a real live librarian. If you’re short on time, visit Digital Librarian, a directory of online resources that are organized by topic. Virtual Library is a subject-specific catalog that is maintained by experts in each respective field.

While these sites are useful, nothing can replace a face-to-face interaction, says West. “Websites that organize information have very little in common with what you get when you talk to a real librarian.” She says, “They're both useful but I would never say, "If you don't have time to see a real librarian, go to a website and look through links." I'd tell you to visit one of the 24/7 reference sites where you can talk live to a real librarian.”

If you have the budget or need help preparing a report or presentation, consider enlisting the services of professional researchers, says Cullen.

If you are researching to improve your career, or you are interested in long-term tracking of particular business or technology topics, you should set aside time to research online. But you have to be strategic about your research approach or you can get overwhelmed, says Cullen. Generally, “it’s good to take an interest in research as part of your job,” she says, “because your competitors are doing it, so you too should keep as up to date as possible with public knowledge and opinion.”

Margaret Locher is a freelance writer who has a master’s degree in library science.

Posted On: November 23, 2007

New York Times: 100 Most Notable Books of 2007

100 Notable Books of the Year
The Book Review has selected this list from books reviewed since the Holiday Books issue of Dec. 3, 2006.

Fiction & Poetry

THE ABSTINENCE TEACHER. By Tom Perrotta. (St. Martin’s, $24.95.) In this new novel by the author of “Little Children,” a sex-ed teacher faces off against a church bent on ridding her town of “moral decay.”

AFTER DARK. By Haruki Murakami. Translated by Jay Rubin. (Knopf, $22.95.) A tale of two sisters, one awake all night, one asleep for months.

THE BAD GIRL. By Mario Vargas Llosa. Translated by Edith Grossman. (Farrar, Straus & Giroux, $25.) This suspenseful novel transforms “Madame Bovary” into a vibrant exploration of the urban mores of the 1960s, ’70s and ’80s.

BEARING THE BODY. By Ehud Havazelet. (Farrar, Straus & Giroux, $24.) In this daring first novel, a man travels to California after his brother is killed in what may have been a drug transaction.

THE BEAUTIFUL THINGS THAT HEAVEN BEARS. By Dinaw Mengestu. (Riverhead, $22.95.) A first novel about an Ethiopian exile in Washington, D.C., evokes loss, hope, memory and the solace of friendship.

BRIDGE OF SIGHS. By Richard Russo. (Knopf, $26.95.) In his first novel since “Empire Falls,” Russo writes of a small town in New York riven by class differences and racial hatred.

THE BRIEF WONDROUS LIFE OF OSCAR WAO. By Junot Díaz. (Riverhead, $24.95.) A nerdy Dominican-American yearns to write and fall in love.

CALL ME BY YOUR NAME. By André Aciman. (Farrar, Straus & Giroux, $23.) Aciman’s novel of love, desire, time and memory describes a passionate affair between two young men in Italy.

CHEATING AT CANASTA. By William Trevor. (Viking, $24.95.) Trevor’s dark, worldly short stories linger in the mind long after they’re finished.

THE COLLECTED POEMS, 1956-1998. By Zbigniew Herbert. Translated by Alissa Valles. (Ecco/HarperCollins, $34.95.) Herbert’s poetry echoes the quiet insubordination of his public life.

DANCING TO “ALMENDRA.” By Mayra Montero. Translated by Edith Grossman. (Farrar, Straus & Giroux, $25.) Fact and fiction rub together in this rhythmic story of a reporter on the trail of the Mafia, set mainly in 1950s Cuba.

EXIT GHOST. By Philip Roth. (Houghton Mifflin, $26.) In his latest novel Roth brings back Nathan Zuckerman, a protagonist whom we have known since his potent youth and who now must face his inevitable decline.

FALLING MAN. By Don DeLillo. (Scribner, $26.) Through the story of a lawyer and his estranged wife, DeLillo resurrects the world as it was on 9/11, in all its mortal dread, high anxiety and mass confusion.

FELLOW TRAVELERS. By Thomas Mallon. (Pantheon, $25.) In Mallon’s seventh novel, a State Department official navigates the anti-gay purges of the McCarthy era.

A FREE LIFE. By Ha Jin. (Pantheon, $26.) The Chinese-born author spins a tale of bravery and nobility in an American system built on risk and mutual exploitation. (Review will be available Friday evening, Nov. 23.)

THE GATHERING. By Anne Enright. (Black Cat/Grove/Atlantic, paper, $14.) An Irishwoman searches for clues to what set her brother on the path to suicide.

HARRY POTTER AND THE DEATHLY HALLOWS. By J. K. Rowling. (Arthur A. Levine/Scholastic, $34.99.) Rowling ties up all the loose ends in this conclusion to her grand wizarding saga.

HOUSE LIGHTS. By Leah Hager Cohen. (Norton, $24.95.) The heroine of Cohen’s third novel abandons her tarnished parents for the seductions of her grand-mother’s life in theater.

HOUSE OF MEETINGS. By Martin Amis. (Knopf, $23.) A Russian World War II veteran posthumously acquaints his stepdaughter with his grim past of rape and violence.

IN THE COUNTRY OF MEN. By Hisham Matar. (Dial, $22.) The boy narrator of this novel, set in Libya in 1979, learns about the convoluted roots of betrayal in a totalitarian society.

THE INDIAN CLERK. By David Leavitt. (Bloomsbury, $24.95.) Leavitt explores the intricate relationship between the Cambridge mathematician G. H. Hardy and a poor, self-taught genius from Madras, stranded in England during World War I.

KNOTS. By Nuruddin Farah. (Riverhead, $25.95.) After 20 years, a Somali woman returns home to Mogadishu from Canada, intent on reclaiming a family house from a warlord.

LATER, AT THE BAR: A Novel in Stories. By Rebecca Barry. (Simon & Schuster, $22.) The small-town regulars at Lucy’s Tavern carry their loneliness in “rough and beautiful” ways.

LET THE NORTHERN LIGHTS ERASE YOUR NAME. By Vendela Veda. (Ecco/HarperCollins, $23.95.) A young woman searches for the truth about her parentage amid the snow and ice of Lapland in this bleakly comic yet sad tale of a child’s futile struggle to be loved.

LIKE YOU’D UNDERSTAND, ANYWAY: Stories. By Jim Shepard. (Knopf, $23.) Shepard’s surprising tales feature such diverse characters as a Parisian executioner, a woman in space and two Nazi scientists searching for the yeti.

MAN GONE DOWN. By Michael Thomas. (Black Cat/Grove/Atlantic, paper, $14.) This first novel explores the fragmented personal histories behind four desperate days in a black writer’s life.

MATRIMONY. By Joshua Henkin. (Pantheon, $23.95.) Henkin follows a couple from college to their mid-30s, through crises of love and mortality.

THE MAYTREES. By Annie Dillard. (HarperCollins, $24.95.) A married couple find their way back to each other under unusual circumstances.

THE MINISTRY OF SPECIAL CASES. By Nathan Englander. (Knopf, $25.) A Jewish family is caught up in Argentina’s “Dirty War.”

MOTHERS AND SONS: Stories. By Colm Toibin. (Scribner, $24.) In this collection by the author of “The Master,” families are not so much reassuring and warm as they are settings for secrets, suspicion and missed connections.

NEXT LIFE. By Rae Armantrout. (Wesleyan University, $22.95.) Poetry that conveys the invention, the wit and the force of mind that contests all assumptions.

ON CHESIL BEACH. By Ian McEwan. (Nan A. Talese/Doubleday, $22.) Consisting largely of a single sex scene played out on a couple’s wedding night, this seeming novel of manners is as much a horror story as any McEwan has written.

OUT STEALING HORSES. By Per Petterson. Translated by Anne Born. (Graywolf Press, $22.) In this short yet spacious Norwegian novel, an Oslo professional hopes to cure his loneliness with a plunge into solitude.

THE RELUCTANT FUNDAMENTALIST. By Mohsin Hamid. (Harcourt, $22.) Hamid’s chilling second novel is narrated by a Pakistani who tells his life story to an unnamed American after the attacks of 9/11.

REMAINDER. By Tom McCarthy. (Vintage, paper, $13.95.) In this debut, a Londoner emerges from a coma and seeks to reassure himself of the genuineness of his existence.

THE SAVAGE DETECTIVES. By Roberto Bolaño. Translated by Natasha Wimmer. (Farrar, Straus & Giroux, $27.) A craftily autobiographical novel about a band of literary guerrillas.

SELECTED POEMS. By Derek Walcott. Edited by Edward Baugh. (Farrar, Straus & Giroux, $25.) The Nobel Prize winner Walcott, who was born on St. Lucia, is a long-serving poet of exile, caught between two races and two worlds.

THE SEPTEMBERS OF SHIRAZ. By Dalia Sofer. (Ecco/HarperCollins, $24.95.) In this powerful first novel, the father of a prosperous Jewish family in Tehran is arrested shortly after the Iranian revolution.

SHORTCOMINGS. By Adrian Tomine. (Drawn & Quarterly, $19.95.) The Asian-American characters in this meticulously observed comic-book novella explicitly address the way in which they handle being in a minority.

SUNSTROKE: And Other Stories. By Tessa Hadley. (Picador, paper, $13.) These resonant tales encapsulate moments of hope and humiliation in a kind of shorthand of different lives lived.

THEN WE CAME TO THE END. By Joshua Ferris. (Little, Brown, $23.99.) Layoff notices fly in Ferris’s acidly funny first novel, set in a white-collar office in the wake of the dot-com debacle.

THROW LIKE A GIRL: Stories. By Jean Thompson. (Simon & Schuster, paper, $13.) The women here are smart and strong but drawn to losers.

TIME AND MATERIALS: Poems, 1997-2005. By Robert Hass. (Ecco/Harper-Collins, $22.95.) What Hass, a former poet laureate, has lost in Californian ease he has gained in stern self-restraint.

TREE OF SMOKE. By Denis Johnson. (Farrar, Straus & Giroux, $27.) The author of “Jesus’ Son” offers a soulful novel about the travails of a large cast of characters during the Vietnam War.

TWENTY GRAND: And Other Tales of Love and Money. By Rebecca Curtis. (Harper Perennial, paper, $13.95.) In this debut collection, a crisp, blunt tone propels stories both surreal and realistic.

VARIETIES OF DISTURBANCE: Stories. By Lydia Davis. (Farrar, Straus & Giroux, paper, $13.) Dispensing with straight narrative, Davis microscopically examines language and thought.

THE VIEW FROM CASTLE ROCK: Stories. By Alice Munro. (Knopf, $25.95.) This collection offers unusually explicit reflections of Munro’s life.

WHAT IS THE WHAT. The Autobiography of Valentino Achak Deng: A Novel. By Dave Eggers. (McSweeney’s, $26.) The horrors, injustices and follies in this novel are based on the experiences of one of the Lost Boys of Sudan.

WINTERTON BLUE. By Trezza Azzopardi. (Grove, $24.) An unhappy young woman meets an even unhappier drifter.

THE YIDDISH POLICEMEN’S UNION. By Michael Chabon. (HarperCollins, $26.95.) Cops, thugs, schemers, rabbis, chess fanatics and obsessives of every stripe populate this screwball, hard-boiled murder mystery set in an imagined Jewish settlement in Alaska.


Nonfiction

AGENT ZIGZAG: A True Story of Nazi Espionage, Love, and Betrayal. By Ben Macintyre. (Harmony, $25.95.) The exploits of Eddie Chapman, a British criminal who became a double agent in World War II.

ALEXIS DE TOCQUEVILLE: A Life. By Hugh Brogan. (Yale University, $35.) Brogan’s combative biography takes issue with Tocqueville’s misgivings about democracy.

ALICE: Alice Roosevelt Longworth, From White House Princess to Washington Power Broker. By Stacy A. Cordery. (Viking, $32.95.) A biography of Theodore Roosevelt’s shrewd, tart-tongued older daughter.

AMERICAN CREATION: Triumphs and Tragedies at the Founding of the Republic. By Joseph J. Ellis. (Knopf, $26.95.) This history explores an underappreciated point: that this country was constructed to foster arguments, not to settle them.

THE ARGUMENT: Billionaires, Bloggers, and the Battle to Remake Democratic Politics. By Matt Bai. (Penguin Press, $25.95.) An exhaustive account of the Democrats’ transformative efforts, by a political reporter for The New York Times Magazine.

ARSENALS OF FOLLY: The Making of the Nuclear Arms Race. By Richard Rhodes. (Knopf, $28.95.) This artful history focuses on the events leading up to the pivotal 1986 Reykjavik summit meeting between Reagan and Gorbachev. (Review will be available Friday evening, Nov. 23.)

THE ART OF POLITICAL MURDER: Who Killed the Bishop? By Francisco Goldman. (Grove, $25.) The novelist returns to Guatemala, a major inspiration for his fiction, to try to solve the real-life killing of a Roman Catholic bishop.

BROTHER, I’M DYING. By Edwidge Danticat. (Knopf, $23.95.) Danticat’s cleareyed prose and unflinching adherence to the facts conceal an undercurrent of melancholy in this memoir of her Haitian family.

CIRCLING MY MOTHER. By Mary Gordon. (Pantheon, $24.) Gordon’s deeply personal memoir focuses on the engaged and lively Catholicism of her mother, a glamorous career woman who was also an alcoholic with a body afflicted by polio.

CLEOPATRA’S NOSE: 39 Varieties of Desire. By Judith Thurman. (Farrar, Straus & Giroux, $27.95.) These surgically analytic essays of cultural criticism showcase themes of loss, hunger and motherhood.

CULTURAL AMNESIA: Necessary Memories From History and the Arts. By Clive James. (Norton, $35.) Essays on 20th-century luminaries by one of Britain’s leading public intellectuals.

THE DAY OF BATTLE: The War in Sicily and Italy, 1943-1944. Volume Two of the Liberation Trilogy. By Rick Atkinson. (Holt, $35.) A celebration of the American experience in these campaigns.

THE DIANA CHRONICLES. By Tina Brown. (Doubleday, $27.50.) The former New Yorker editor details the sordid domestic drama that pitted the Princess of Wales against Britain’s royal family.

THE DISCOVERY OF FRANCE: A Historical Geography From the Revolution to the First World War. By Graham Robb. (Norton, $27.95.) Robb presents France as a group of diverse regions, each with its own long history, intricate belief systems and singular customs.

DOWN THE NILE: Alone in a Fisherman’s Skiff. By Rosemary Mahoney. (Little, Brown, $23.99.) Mahoney juxtaposes her solo rowing journey with encounters with the Egyptians she met.

DRIVEN OUT: The Forgotten War Against Chinese Americans. By Jean Pfaelzer. (Random House, $27.95.) How the Chinese were brutalized and demonized in the 19th-century American West — and how they fought back.

DUE CONSIDERATIONS: Essays and Criticism. By John Updike. (Knopf, $40.) Updike’s first nonfiction collection in eight years displays breathtaking scope as well as the author’s seeming inability to write badly.

EASTER EVERYWHERE: A Memoir. By Darcey Steinke. (Bloomsbury, $24.95.) A minister’s daughter confronts her own spiritual rootlessness.

EDITH WHARTON. By Hermione Lee. (Knopf, $35.) This meticulous biography shows Wharton’s significance as a designer, decorator, gardener and traveler, as well as a writer.

THE FATHER OF ALL THINGS: A Marine, His Son, and the Legacy of Vietnam. By Tom Bissell. (Pantheon, $25.) Bissell mixes rigorous narrative accounts of the war and emotionally powerful scenes of the distress it brought his own family.

THE FLORIST’S DAUGHTER. By Patricia Hampl. (Harcourt, $24.) In her fifth and most powerful memoir, Hampl looks hard at her relationship to her Midwestern roots as her mother lies dying in the hospital.

FORESKIN’S LAMENT: A Memoir. By Shalom Auslander. (Riverhead, $24.95.) With scathing humor and bitter irony, Auslander wrestles with his Jewish Orthodox roots.

GOMORRAH: A Personal Journey Into the Violent International Empire of Naples’ Organized Crime System. By Roberto Saviano. Translated by Virginia Jewiss. (Farrar, Straus & Giroux, $25.) This powerful work of reportage started a national conversation in Italy when it was published there last year. (Review will be available Friday evening, Nov. 23.)

THE HOUSE THAT GEORGE BUILT: With a Little Help From Irving, Cole, and a Crew of About Fifty. By Wilfrid Sheed. (Random House, $29.95.) A rich homage to Gershwin, Berlin and other masters of the swinging jazz song.

HOW DOCTORS THINK. By Jerome Groopman. (Houghton Mifflin, $26.) Groopman takes a tough-minded look at the ways in which doctors and patients interact, and at the profound problems facing modern medicine.

HOW TO READ THE BIBLE: A Guide to Scripture, Then and Now. By James L. Kugel. (Free Press, $35.) In this tour through the Jewish scriptures (i.e., the Old Testament, more or less), a former professor of Hebrew seeks to reclaim the Bible from the literalists and the skeptics.

HOW TO TALK ABOUT BOOKS YOU HAVEN’T READ. By Pierre Bayard.Translated by Jeffrey Mehlman. (Bloomsbury, $19.95.) A French literature professor wants to assuage our guilt over the ways we actually read and discuss books.

IMPERIAL LIFE IN THE EMERALD CITY: Inside Iraq’s Green Zone. By Rajiv Chandrasekaran. (Knopf, $25.95.) The author, a Washington Post journalist, catalogs the arrogance and ineptitude that marked America’s governance of Iraq.

THE INVISIBLE CURE: Africa, the West, and the Fight Against AIDS. By Helen Epstein. (Farrar, Straus & Giroux, $26.) Rigorous reporting unearths new findings among the old issues.

LEGACY OF ASHES: The History of the CIA. By Tim Weiner. (Doubleday, $27.95.) A comprehensive chronicle of the American intelligence agency, from the days of the Iron Curtain to Iraq, by a reporter for The New York Times.

LENI: The Life and Work of Leni Riefenstahl. By Steven Bach. (Knopf, $30.) How Hitler’s favorite director made “Triumph of the Will” and convinced posterity that she didn’t know what the Nazis were up to.

LEONARD WOOLF: A Biography. By Victoria Glendinning. (Free Press, $30.) Glendinning shows Virginia Woolf’s accomplished husband as passionate, reserved and, above all, stoical.

A LIFE OF PICASSO: The Triumphant Years, 1917-1932. By John Richardson. (Knopf, $40.) The third, penultimate installment in Richardson’s biography spans a dauntingly complicated time in Picasso’s life and in European history.

LITTLE HEATHENS: Hard Times and High Spirits on an Iowa Farm During the Great Depression. By Mildred Armstrong Kalish. (Bantam, $22.) Kalish’s soaring love for her childhood memories saturates this memoir, which coaxes the reader into joy, wonder and even envy.

LONG WAY GONE: Memoirs of a Boy Soldier. By Ishmael Beah. (Sarah Crichton/-Farrar, Straus & Giroux, $22.) A former child warrior gives literary voice to the violence and killings he both witnessed and perpetrated during the Sierra Leone civil war.

THE NINE: Inside the Secret World of the Supreme Court. By Jeffrey Toobin. (Doubleday, $27.95.) An erudite outsider’s account of the cloistered court’s inner workings.

THE ORDEAL OF ELIZABETH MARSH: A Woman in World History. By Linda Colley. (Pantheon, $27.50.) Colley tracks the “compulsively itinerant” Marsh across the 18th century and several continents.

PORTRAIT OF A PRIESTESS: Women and Ritual in Ancient Greece. By Joan Breton Connelly. (Princeton University, $39.50.) A scholar finds that religion meant power for Greek women.

RALPH ELLISON: A Biography. By Arnold Rampersad. (Knopf, $35.) Ellison was seemingly cursed by his failure to follow up “Invisible Man.”

THE REST IS NOISE: Listening to the Twentieth Century. By Alex Ross. (Farrar, Straus & Giroux, $30.) In his own feat of orchestration, The New Yorker’s music critic presents a history of the last century as refracted through its classical music.

SCHULZ AND PEANUTS: A Biography. By David Michaelis. (Harper/ Harper-Collins, $34.95.) Actual “Peanuts” cartoons movingly illustrate this portrait of the strip’s creator, presented here as a profoundly lonely and unhappy man.

SERVICE INCLUDED: Four-Star Secrets of an Eavesdropping Waiter. By Phoebe Damrosch. (Morrow, $24.95.) A memoir about waiting tables at the acclaimed Manhattan restaurant Per Se.

SOLDIER’S HEART: Reading Literature Through Peace and War at West Point. By Elizabeth D. Samet. (Farrar, Straus & Giroux, $23.) A civilian teacher at the Military Academy offers a significant perspective on a crucial social and political force: honor.

STANLEY: The Impossible Life of Africa’s Greatest Explorer. By Tim Jeal. (Yale University, $38.) Of the many biographies of Henry Morton Stanley, Jeal’s, which profits from his access to an immense new trove of material, is the most complete and readable.

THE STILLBORN GOD: Religion, Politics, and the Modern West. By Mark Lilla. (Knopf, $26.) With nuance and complexity, Lilla examines how we managed to separate, in a fashion, church and state.

THOMAS HARDY. By Claire Tomalin. (Penguin Press, $35.) Tomalin presents Hardy as a fascinating case study in mid-Victorian literary sociology.

TOO CLOSE TO THE SUN: The Audacious Life and Times of Denys Finch Hatton. By Sara Wheeler. (Random House, $27.95.) The story of the man immortalized in “Out of Africa.”

TWO LIVES: Gertrude and Alice. By Janet Malcolm. (Yale University, $25.) Sharp criticism meets playful, absorbing biography in this study of Stein and Toklas.

THE WHISPERERS: Private Life in Stalin’s Russia. By Orlando Figes. (Metropolitan, $35.) An extraordinary look at the gulag’s impact on desperate individuals and families struggling to survive. (Review will be available Friday evening, Nov. 23.)

THE YEARS OF EXTERMINATION: Nazi Germany and the Jews, 1939-1945. By Saul Friedländer. (HarperCollins, $39.95.) Individual testimony and broader events are skillfully interwoven.

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Posted On: November 23, 2007

Sharing, Privacy and Trust in Our Networked World

As part of its mission, OCLC a worldwide library cooperative prepares in depth studies and topical surveys of issues and trends of interest and concern to all types of libraries, including law libraries. One of their latest reports addresses the topic of sharing, privacy and trust in our networked world
.
Although this report was prepared primarily for OCLC member libraries the topic being addressed is of obvious importance to all of us, regardless of occupation, who are working in this highly interractive world of networks and are confronted daily with the necessity of reconciling matters related to information sharing, information security, and privacy. Recognizing this importance we are posting the entire document below. Since it is quite large we have created three links for your convenience. The first links only to the Introduction, the second only to the Conclusion, and the third links to the complete report in pdf format.

The report is divided into 15 sections including the following:

Introduction

Our Digital Lives

Our Social Spaces

Privacy, Security and Trust

U.S. Library Directors

Libraries and Social Networking

Beyond the Numbers

Conclusions

Six Appencices

The following is an brief introductory statement prepared by OCLC:

The practice of using a social network to establish and enhance relationships based on some common ground—shared interests, related skills, or a common geographic location—is as old as human societies, but social networking has flourished due to the ease of connecting on the Web. This OCLC membership report explores this web of social participation and cooperation on the Internet and how it may impact the library’s role, including:

The use of social networking, social media, commercial and library services on the Web

How and what users and librarians share on the Web and their attitudes toward related privacy issues

Opinions on privacy online

Libraries’ current and future roles in social networking

The report is based on a survey (by Harris Interactive on behalf of OCLC) of the general public from six countries—Canada, France, Germany, Japan, the United Kingdom and the United States—and of library directors from the U.S. The research provides insights into the values and social-networking habits of library users.

LINKS;

Introduction

Conclusion


Click here to see the entire report.



Posted On: November 21, 2007

A Group of Internet and Media Companies Push for Principles Regarding User Generated Services to Protect Copyrights

On October 18, 2007 a coalition of major media and technology companies released a set of guidelines designed to halt online piracy. Media companies involved include CBS, NewsCorp, Fox Enertainment Group, NBC Universal, Viacom Disney, and MySpace. Google was notable absent from the list. A You Tube spokesperson who asked not to be named said that Google had talked to Disney and You Tube about the guidelines but decided not to join the group out of concdrn that ' "industry-wide mandates would stifle innovation' ". I

In a posting on LEXOLOGY by four attorneys from Arent Fox LLP "...The joint collaboration aims to eliminate infringing content on services providing user-uploaded and user-generated audio and video content (UGC) services, encourage uploads of wholly original and authorized user-generated content, and accommodate fair use of copyrighted content, and protect user privacy interests." It is interesting to note that many of the concerns reflected in the guidelines are similar (except perhaps in context) to those confronted by libraries in their own efforts to resolve issues the reproduction and transfer of materials.

To provide added context for those interested in this topic, this posting includes the full text of an article published on FindLaw Corporate Counsel by Julie Hilden. Finally,some additional links to other sources are listed.

David Badertscher

The New Guidelines for User-Generated Content Services such as MySpace: Why Some Will Predictably Inhibit "Fair Use"
By JULIE HILDEN
----
Monday, Nov. 12, 2007

Recently, a number of content producers (CBS, Disney, Fox, NBC Universal, and Viacom) and a number of websites hosting user-generated content (Daily Motion, MySpace, and Veoh) -- voluntarily agreed among themselves to abide by a set of principles governing user-generated content (UGC). Microsoft, too, has signed on.

Some of these principles are plainly correct and in everyone's (including users') interest, as I will explain. However, others will predictably end up curtailing the amount of "fair use" of copyrighted material that occurs on UGC sites, and thus inhibiting freedom of speech and artistic freedom. (For more on "fair use," see my column from May 16). Thus, while these latter principles may still arguably be the best way to police infringement, it is important to note that their effectiveness comes at a potentially high price.

Crucially, while these principles are the result of a voluntary agreement, that agreement left out a major interested party -- the group of all users of UGC services. Since it is the users that stand to lose the most if "fair use" is inhibited, the exclusion of this group is significant. Users have no practical ability to modify a site's Terms of Use -- the boilerplate language that websites require users to agree to by checking a box and clicking a submit button before they are allowed to post on a website, and that is offered on a "take it or leave it" basis. Thus, if users are not formally represented in Guidelines negotiations (and it seems they were not), then they are not represented at all.

Put another way, if users had had a formal seat at the negotiation table, the Guidelines might have tilted much more strongly toward "fair use." The content producers' interest was to protect copyright. The UGC sites had the mixed interest of avoiding lawsuits for vicarious and contributory copyright infringement (theories I discussed in a previous column), and also pleasing users. Only users, however, had a direct, unqualified interest in ensuring that they could make "fair use" of copyrighted material in uploading their work to UGC services.

The Part of the Guidelines that Should Be Uncontroversial

Let's start with that part of the Guidelines that is, plain and simple, a set of good ideas that actually will benefit everyone, including users.

In my view, the Guidelines are entirely correct in asking UGC services to conspicuously warn users not to violate copyright law with their uploads, and to prohibit copyright-infringing uploads via their Terms of Use. Everyone benefits by knowing the law. Also, because of the doctrines of vicarious and contributory copyright infringement, UGC services might become liable for their users' infringement if they did not prohibit such infringement in their Terms of Use. Thus, in this respect, the Guidelines simply reflect what the law requires.

It also makes a great deal of sense for the Guidelines to ask UGC services to continually update the software that they use to find potentially copyright-infringing uploads, as the relevant technology advances and improves. Relying solely on personnel to review vast numbers of uploads would be obviously costly and ineffective, and UGC services should keep up with the pace of advancing technology in policing their uploads for genuine copyright infringement.

Conversely, too, the Guidelines are wise to allow UGC services to use personnel to review uploads in cases where the application of technology is not leading to the best results. Where "fair use" is at issue, the decision may ultimately be a judgment call that only a person can make.

Unfortunately, however, allowing actual human beings to decide "fair use" issues is virtually the only way in which the Guidelines cut in favor of "fair use." In every other way, they cut against it in practice, while still, in several instances, paying lip service to the idea.

The First Threat to "Fair Use": Filtering of Uploads

Here are several key ways in which the Guidelines put "fair use" in jeopardy:

First, the Guidelines advocate filtering content at the upload stage, not once it has already appeared on the UGC service. The obligation, as the Guidelines put it, is to "block… content [that falls under known copyrights] before that content would otherwise be made available."

The pragmatic reason for this rule is clear: When infringing content is uploaded, and can be copied, any later remedies may be, in effect, closing the barn door once the horses are already gone.

Yet the barn door/horses argument may prove too much, because arguably the entire Internet is the barn, and the door will always be open somewhere. If popular sites filter uploads, then less popular sites may become more popular by employing retrospective remedies (that is, by searching what is uploaded, rather than filtering and blocking uploads) and thus hosting sexier, more cutting-edge "fair use" content that cannot be found elsewhere. Moreover, scofflaw and offshore sites may become popular by simply promising not to filter or block. If MySpace becomes tame or if there are myriad complaints about blocking, then fickle teens could easily switch their allegiance to another site.

Thus, the upshot of the decision to opt for filtering of uploads may be to simply harm MySpace and its users, while offering copyright owners no meaningful protection. (Why, then, did MySpace agree to filtering? The reason may simply have been the fear of an incredibly costly vicarious and contributory copyright infringement suit. It's not a defense to infringement that the infringing material is easily available all over the rest of the Internet.)

Does filtering actually hurt MySpace users? Heck, yes -- and it will predictably hurt the "marketplace of ideas" too. When it comes to free speech, delay in dissemination can be disastrous: Suppose a MySpace user wants to upload a commentary on the previous night's Presidential debate that makes "fair use" of copyrighted material. The ability to upload that same commentary a week later, when the news cycle has moved on, is far less valuable from a free speech perspective. Thus, the choice of filtering ahead of time prevents infringement, but only at the cost of inhibiting speech.

Granted, the Guidelines also say that "Copyright Owners and UGC Services should cooperate in developing reasonable procedures for promptly addressing conflicting claims with respect to Reference Material and user claims that content that was blocked by the Filtering Process was not infringing or was blocked in error." (Emphasis added). But what does "promptly" mean, exactly?

I wouldn't be very optimistic about the chance of a truly prompt resolution here. After all, a wise UGC service would need to get attorneys involved at some point, with certain materials, since a "fair use" determination is ultimately an instance of application of law to fact. And everyone knows that as soon as attorneys are involved, things tend to proceed quite slowly. Granted, the use of attorneys is costly, so a more realistic and likely solution is to have staff make the call in the first instance, and then pass difficult issues on to attorneys. Still, in difficult cases, when attorneys are indeed involved, time may tick away.

After all, from the attorney's perspective, quickly approving copyright-infringing material, based on an erroneous call that it is "fair use" may result in a multimillion dollar malpractice suit when millions of users view the infringing material and the copyright owner sues the UGC service. (Other legal questions remain, as well; in some cases, the Digital Millennium Copyright Act's safe harbor for sites that simply host content may protect a UGC service site, even if the "fair use" exception to copyright law does not.)

By comparison, if MySpace were a government entity controlled by the First Amendment, it simply would not be able to pre-filter speech this way. Rather, because "prior restraints" are disfavored, it would have to allow speech to happen, and then later order the speaker to pay damages if necessary. Obviously, MySpace is not a government entity, so the First Amendment does not apply. But it's still notable when, in the free speech arena, private companies agree to do something that a government agency could not impose. Moreover, it's also worth noting that if we have a modern town square for Generation Y, it's probably MySpace -- suggesting that private entities now operate the kind of forum that the government once hosted, and in which First Amendment rules once applied.

The Second Threat to "Fair Use": The Sweep-In System

Second, the Guidelines adopt a "sweep in" system that says material cannot be licensed unless the copyright owner expressly says it can be. More precisely, they state that if the copyright owner is silent, then the UGC service "should block content" that matches the copyrighted material. In order to allow certain users to avoid the blocking, the copyright owner can provide a "white list," but if it does not, then all would-be users are out of luck.

In litigation I discussed in a prior column, the Stanford Center for Internet and Society (CIS) challenged the current U.S. copyright system insofar as it automatically sweeps in all material -- even a napkin doodle -- unless the author expressly states an intention to have the material come under a "creative commons" license. CIS argued in that case that the "sweep in" system was a mistake, and similar arguments can be made here as well.

Few copyright owners, for example, are likely to take the trouble to affirmatively "white list" college students' class projects, but if there were categories to check off, one would hope that few would actually "black list" educational uses either.

In sum, inertia is a powerful force, and the Guidelines' inertial pull is in favor of filtering content that will then never see the light of day (or emerge only after the event on which it comments is long past). That pull is also in favor of automatically blacklisting content that copyright holders might happily white-list if they were required to focus on the issue. In the Internet's new ocean of content, we deserve different -- and more pro-free-speech -- tides.


--------------------------------------------------------------------------------

Julie Hilden, who graduated from Yale Law School in 1992, practiced First Amendment law at the D.C. law firm of Williams & Connolly from 1996-99. Hilden is also a novelist. In reviewing Hilden's novel, 3, Kirkus Reviews praised Hilden's "rather uncanny abilities," and Counterpunch called it "a must read.... a work of art." Hilden's website, www.juliehilden.com, includes free MP3 and text downloads of the novel's first chapter.

SOME ADDITIONAL SOURCES:

Some Internet and media companies push for principles on user content
http://www.edri.org/edrigram/number5.20/user-generated-content-principles

Internet and Media Industry Leaders Unveil Principles to Foster Online Innovation While Protecting Copyrights - Press Release (18.10.2007)
http://www.ugcprinciples.com/press_release.html

Principles for User Generated Content Services
http://www.ugcprinciples.com/

LEXOLOGY: Internet and media companies unveil guidelines to protect copyrights while still fostering online innovation
http://www.arentfox.com/publications/index.cfm?fa=legalUpdateDisp&content_id=1337#page=1


Posted On: November 20, 2007

Amazon Device Doesn't Need Computers

The following was published as an article in the November 20, 2007 New York Times.

By SAUL HANSELL

Published: November 20, 2007

Jeff Bezos knows that the world is not exactly clamoring for another way to read electronic books.

“If you go back in time, the landscape is littered with the bodies of dead e-book readers,” Mr. Bezos, the chief executive of Amazon.com, said yesterday.

Mr. Bezos is hoping that Kindle, an ambitious $399 e-book device that he introduced in New York, will avoid that fate. Kindle, which Amazon spent three years developing, lets users wirelessly download best sellers for $9.99 each, and it is designed to be simpler to use and more comfortable to hold than similar devices.

Most significant, Amazon has made it easy to shop for and buy books through Kindle without using a computer. The device connects to a high-speed wireless data network from Sprint, and wireless delivery is included in the cost of books and other products. Downloading a book takes less than a minute.

Mr. Bezos said Kindle was most likely to appeal to travelers and others who want to carry several books with them.

“Anyone who is reading two, three, four books at the same time should have one of these,” he said in an interview. Kindle can store 200 books at once.

Mr. Bezos added that he thought Kindle would be more comfortable for people to curl up with than previous reading devices. It weighs 10.3 ounces and uses so-called electronic ink technology licensed from the company E Ink, based in Cambridge, Mass.

The screen reflects light, making it easier to read in a bright room, and it uses less power and generates less heat, because there is no backlight to the display.

Kindle will also download and display newspapers, magazines and blogs. Among the newspapers available are The New York Times for $13.99 a month and The Wall Street Journal for $9.99 a month. Some 300 blogs are available for 99 cents or $1.99 a month. Amazon shares some of that fee with newspaper and blog publishers. The device will only be available at Amazon.

Amazon, which is one of the world’s largest booksellers, reached agreements with all the major publishers to sell their wares on Kindle. It has about 90,000 titles so far and 90 percent of current best sellers.

Sony, which introduced an e-book reader a year ago, has about 20,000 titles for sale.

Publishing executives said they were optimistic about Kindle.

“You kind of understand why it has been three years in development because it offers so much in an uncomplicated way,” said David Young, the chief executive of the Hachette Book Group USA, which owns Little, Brown.

“The big challenge, of course, is that it is still relatively expensive,” he added. “You have to be a very committed book person to get a repay on that investment.”

The publishers themselves are concerned about return on investment; most have been spending a great deal to digitize their libraries for electronic readers, with little to show for it so far.

“If it does contribute to the many millions of dollars we have invested as an industry, that’s great,” Mr. Young said.

Amazon and the publishers declined to discuss the specifics of their financial arrangements. But several publishing executives said the industry practice was to sell an electronic version of a hardcover with a list price of $27 for about $20. While deals vary, the wholesale price of a $20 e-book is about $10, and most retailers have been selling them for about $16. The publishers said Amazon was paying about the same wholesale price as Sony and other e-book vendors.

By offering best sellers for $9.99, Amazon is leaving no profit margin, and it will have the expense of paying Sprint for the data transmission. Amazon says it hopes to make money on older titles that have better profit margins.

Digital distribution of books would seem to have a lot of benefits for publishers. So far there is not much book piracy online (although there have been some high-profile leaks, most notably that of the latest Harry Potter book).

There also is not much pressure to break books into smaller pieces, in the way that people want to buy songs, not albums. And there are no conflicts with distributors of the sort that complicate the online video business.

Indeed, e-books have the potential to save publishers the cost of printing, distribution and returns. But publishers said their biggest hope was that Kindle would expand sales of books to a new generation of gadget lovers.

“We have great authors, and we want to get our books to readers, and this is another channel to us,” said Kate Tentler, senior vice president for digital media at Simon & Schuster.

Posted On: November 19, 2007

2007 Annual Report of the New York State Commission on Judical Conduct

The 2007 Annual Report of the New York State Commission on Judicial Conduct was released last Thursday. In his article in the November 19, 2007 New York Law Journal Daniel Wise writes that the Commission " opened more investigations in 2006 [the year covered by the Annual Reporrt] and had more matters pending against judges than at any time in its 29 year history...".

INTRODUCTION TO THE 2007 ANNUAL REPORT

The New York State Commission on Judicial Conduct is the independent agency designated by the State Constitution to review complaints of misconduct against judges of the State Unified Court System, which includes approximately 3,400 judges and justices.

The Commission’s objective is to enforce high standards of conduct for judges, who must be free to act independently, on the merits and in good faith, but also must be held accountable by an independent disciplinary system, should they commit misconduct. The text of the Rules
Governing Judicial Conduct, promulgated by the Chief Administrator of the Courts with the approval of the Court of Appeals is annexed.

The number of complaints received by the Commission in the past 15 years has substantially increased compared to the first 18 years of the Commission’s existence. Since 1992, the Commission has averaged 1440 new complaints per year, 400 preliminary inquiries and 200 investigations. Last year, 1500 new complaints were received and processed, and for the third
year in a row, a record number were investigated (267). In each of the last 15 years, the number of incoming complaints has been more than double the 641 we received in 1978. Recently, for the first time in a generation, the Commission’s budget was significantly increased.

This report covers Commission activity in the year 2006.

Click here to the the complete 2007 Annual Report of the New York State Commission on Judicial Conduct

Posted On: November 16, 2007

Working Group on the Future of Bibliographic Control

With the expanding variety of formats required for effective storage and retrieval of information in libraries coupled with the rising level of expectations of patrons, the future of bibliographic control is of utmost concern for all types of libraries. The following material from the Library Journal Academic Newswire for November 15, 2007 discusses the work of one group, The Working Group on the Future of Bibliographic Control and its recommendations.

From the Library Journal Academic Newswire;

Some big changes may be coming from the Working Group on the Future of Bibliographic Control, convened by Deanna Marcum, associate librarian for library services at the Library of Congress (LC). The extent of those changes, however, remains unclear, as LC did not actually release its report on bibliographic control and how the library community and LC can move forward. That release is now expected on November 30. LC did give attendees at an in-house session Tuesday a copy of a PowerPoint presentation. Also, a webcast on the Working Group's session was downed by a technological problem, frustrating many eager to watch it.

What to expect? According to an unofficial summary posted by Karen Coyle, a consultant to the group for the writing of the report, the working group concluded that there are three major "sea changes" needed in the library community. Notably, the excerpt from Coyle below reflects the message on page four of the PowerPoint presentation, also going beyond the PowerPoint presentation to acknowledge the role of for-profit organizations and non-library institutions.

Coyle's summary:

To redefine bibliographic control broadly to include all materials, a widely diverse community of users, and a multiplicity of venues where information is sought.

To redefine the bibliographic universe to include all stakeholders, including the for-profit organizations that are involved in information delivery and digitization.

The role of the Library of Congress must be redefined as a partner with other libraries and with non-library institutions, to achieve the goals of the library community.

The power point presentation mentioned earlier relates to the Interim Draft Report Recommendations of the Working Group on Bibliographic Control. To see this presentation, click here

The following are comments on the findings of the Working Group from Deanna Marcum of the Library of Congress and research expert Thomas Mann:

LC's Marcum: "A Vision That Can Be Achieved"

Deanna Marcum, associate librarian for library services at the Library of Congress (LC), convened the Working Group on the Future of Bibliographic Control, but even she hasn't seen the report, now due for release on November 30, with two weeks for comments to follow and a revision to be submitted by January 9, 2008, before the American Library Association (ALA) Midwinter Meeting. She did talk to the LJ Academic Newswire today about what she's learned so far from the presentations by chair, José-Marie Griffiths, and Brian E.C. Schottlaender and Olivia M.A. Madison, both Working Group representatives from the Association of Research Libraries.

LJAN: What's your initial reaction to the Working Group?

DM: The PowerPoint presentation I think did an excellent job of giving us a sense of what they've learned, some of their preliminary conclusions. It has been, as I understand it, a unanimous decision-making process. When we met the first time, it seemed there were so many perspectives and different frames of reference, I didn't know how the group would work together. I think the report will go into great detail about how they reached the conclusions, and what the implications are. They are making recommendations for the Library of Congress, for the library community broadly, some for specific organizations, and some aimed at all parties.

What's the most important aspect?

That they've taken a very broad view. They're really recommending an approach to bibliographic control for the future. It's not what the Library of Congress should be doing, but a vision of how bibliographic control can be worked on and achieved by the entire community over the next few years.

Is there consensus on how to spread the costs and benefits?

One thing they said over and over in the presentations is that economic models need much more attention. Brian even went so far as to say it would be good to commission another group to look at the economic implications of all these recommendations.

ALA president-elect Jim Rettig has warned about precipitous changes to cataloging practice could hurt citizen access and also raise costs.

One point the Working Group made is, that in the ALA testimony, there seems to be a view that all the things we're doing now should continue to be done. They suggested we should think about what actually needs to be done. Their first conclusion is we ought to start earlier in the process to identify bibliographic data. That changes what libraries do. If we get some portion of the record from publishers, creators, or vendors, that changes the cost equation for libraries.

There seems to be a new push to get unique materials cataloged.

We focused at the Library of Congress since the days of MARC on cataloging those materials that are most likely to be acquired by other libraries and to make those bib records available as quickly as possible. The result of that has been that special collections have grown as mediated collections. They've developed internal bibliographic apparatus, either finding aids, or card catalogs. They're designed for the library to work with the user, but those are not in the online catalog.

What will happen to subject headings?

They talk about, in their presentation, the need to optimize the LC subject headings, and to think of them as ways of pulling like materials that can be used both by other libraries and also to be used more in a machine environment, so that search engines can find ways to use these terms we've developed.

Will there be increased incentives for sharing bibliographic records?

I think they were really talking about thinking about the entire system of libraries as contributors to bibliographic records. They talked about the need to look both at the Congressional requirements that are placed on the Library of Congress, about cost-sharing, cost-distribution, and looking more broadly at what are the advantages for libraries participating more broadly in this record-creation system, identifying the barriers and finding ways to increase the incentives.

The report recommends temporarily suspending work on "RDA: Resource Description and Access," the successor to the "Anglo-American Cataloguing Rules."

After the presentations here, I think they all agreed they need to go back and be more specific about what they mean by that. They were saying that FRBR has not been tested adequately with real live bibliographic records. There has been a lot of theoretical work on it, and there need to be practical pilot projects, to see what actually happens. Their original thought was that we need to know more about how records from different sources behave in a FRBR world before we say we're going to embrace RDA. But they realized, I think, after talking to several people that they would need to be more specific about what do they want tested.


Posted On: November 16, 2007

McAfee Sees Cyber Criminals Targeting Web 2.0, Windows Vista, and Online Games

McAfee Sees Cybercriminals Targeting Web 2.0, Windows Vista, and Online Games
McAfee also is predicting a 50% increase in VoIP attacks in 2008, compared to this year. Click here to see complete article in the InformationWeek Daily Newsletter.

Posted On: November 16, 2007

Justice Stephen G. Crane to Resign in February 2008

The following announcement appeared in the November 2, 2007 issue of the New York Law Journal

"Justice Stephen G. Crane of the Appellate Division, Second Department, said yesterday he will resign on Feb. 4 to join Judicial Arbitration & Mediation Services in Manhattan. JAMS, a California-based dispute resolution firm, employs several prominent retired New York state judges, including Milton Mollen, Betty Weinberg Ellerin, Stanley S. Ostrau and Richard M. Rosenbaum. 'They came to me, I hadn't thought about it till then,' Justice Crane, 69, said yesterday in an interview. 'I thought it was time to move on to a new challenge.' He called the decision to step down a 'terribly wrenching one.' Justice Crane, who has been at the Second Department since 2001, is a former Criminal Court judge, Supreme Court justice and administrative judge of the civil branch of Manhattan Supreme Court. -- Joel Stashenko"

Justice Crane has also served as Chairman of the Board of Trustees of the New York County Public Access Law Library since it first opened on February 14, 1995.

Posted On: November 15, 2007

Protecting Web Based Applications from Attack or Misuse

From Citrix Systems

Summary:
The threat profile facing enterprise organizations has undeniably shifted from network-layer exploits to more formidable attacks against applications, primarily Web and Web services applications. This radical change has been recognized by numerous IT security vendors, which have rushed to deliver products that shield Web applications from a new generation of attacks.

Protecting an application from attack requires a complete understanding of all application communications. Unless a device can “see” the same data as the application it is protecting, it will be unable to identify application-layer threats. This means that to secure any common Web-based application, a security device must perform a full deconstruction of the HTML data payload, as well as track the state of each application session.

It is technologically impossible for any device to understand application communications or analyze application behavior via the deep inspection of IP packets, either individually or reassembled into their original sequence. Network firewalls and intrusion prevention systems (IPS) are useful for validating the format of application header information to ensure standards compliance.


Complete Report: Protecting Web Applicatrions from Attack and Misuse

Posted On: November 14, 2007

Video from Thomson West Regarding Comprehensive Changes to the Federal Civil Rules of Procedure

I"n response to the discussion about the far-reaching changes to the Federal Civil Rules of Procedure, we have posted a 5 minute video featuring the authors of the Federal Civil Rules Handbook. The authors, Steven Baicker-McKee and Professor William Janssen, discuss the dramatic amendments to the Federal Rule of Civil Procedure, and why every major rule and form is changing on December 1, 2007. The video can be found under the "What's New for Law Librarians" section at: www.west.thomson.com/librarian."

"The changes have mostly come about as a result of a comprehensive overhaul by a federal style committee. There are stylistic and substantive changes, and all the forms have changed as well."

"Thomson West has published the Federal Civil Rules Handbook just in time for the coming rule changes. All rule changes will be in this volume, along with all the new forms, and a great deal of annotated commentary. There will also be a "roadmap" at the end of each rule indicating the Style Project changes and the non-stylistic (substantive) changes to the rules"

Posted On: November 14, 2007

30 Books Every IT Leader Must Read

By Eric Chabrow

Society for Information Management's 2008 list of leadership books covers a wide-range of subjects, except IT itself.

Books ranging from How to Read a Book to The Prince are among 30 books every CIO wannabe should read, according to an annual list of must-read books issued by the Society of Information Management's Regional Leadership Forum.

Why no IT books? The books are aimed at IT professionals with aspirations to move into senior management jobs. "At this point in many careers, IT skills per se are not critical success factors," Bob Rouse, a Regional Leadership Forum executive board member and affiliate associate professor of computer science and engineering at Washington University, writes in an e-mail exchange with CIO Insight.

The list is headed by How to Read a Book by Mortimer J. Adler and Charles Van Doren, which furnishes guidelines for critically reading. "Reading is a key skill for continuous learning," Rouse says. "Rarely have we considered reading as adults carefully or specifically. Adler has created the gourmet guide to reading, serious reading as adults."

The Prince, Niccolò Machiavelli's political treatise on maintaining order in a principality, written in 1513, is a classic leadership dissertation on how to lead and perhaps most importantly, Rouse says, how not to lead.

Here is the list of the 30 books.

Source: CIO Minute, November 14, 2007.


Posted On: November 14, 2007

HeinOnLine Announces First Federated Search Connection via 360 Search, Serials Solution

William S. Hein & Co., Inc. Announces the First Authorized Federated Search
Connection to HeinOnline

Buffalo, NY – November 13, 2007

William S. Hein & Co., Inc. announces the availability of the first direct and authorized federated search connection to HeinOnline via 360 Search, Serials Solution's federated search engine. Serials Solutions is a business unit of ProQuest.

"One of Serials Solutions’ missions is to deliver complete e-resource access. We have been working diligently with HeinOnline to build a stable and authorized federated search connection that presents content in the way HeinOnline intended. We are committed to partnering with providers like HeinOnline in order to develop quality connections and comprehensive resource coverage," says Stephen DiStasio, Group Product Manager.

Serials Solutions committed members of its data team to work directly in cooperation with HeinOnline to guarantee smooth development in order to meet HeinOnline's quality and content requirements.

“Serials Solutions listened to our concerns and worked with us as a development partner to create a connection that is beneficial to both our subscribers and 360 Search customers,” says Daniel Rosati, Senior Vice President of William S. Hein & Co., Inc.

For more information about the new Serials Solutions federated search to HeinOnline, email marketing@wshein.com.

William S. Hein & Co., Inc. has been serving the library community for more than 80 years as a legal publisher, reprinter, subscription agent, and secondhand book dealer. As the world's largest distributor of legal periodicals, combined with an extensive reprint-publishing program, which provides access to previously unavailable legal classics and United States Government and United Nations documents, researchers regularly turn to Hein for their legal research needs.

About Serials Solutions
Since introducing the first A-to-Z Title List in 2000, Serials Solutions has been a global leader in the library technology marketplace. Founded by a librarian for librarians, Serials Solutions helps library staff and patrons find and use electronic content. Today, with over 1,800 clients worldwide, Serials Solutions is the premier vendor of e-resource access and management services (ERAMS), providing a complete and integrated access and management suite designed for libraries of all sizes. The Serials Solutions family of services includes 360 Link OpenURL link resolver, 360 Search federated search service, 360 Resource Manager e-resource management service, 360 MARC Update OPAC updating service, and AMS™ Access & Management Service. At the core of Serials Solutions technology is the industry-leading Serials Solutions knowledgebase, the original and premier collection of e-resource data metadata available. Through its Software as a Service (SaaS) technology model, Serials Solutions provides fast implementation, easy customization, and outstanding value to its client libraries. Serials Solutions is a business unit of ProQuest CSA. For more information, please visit ww.serialssolutions.com or call 1-866-SERIALS.

_________________________________________________________________________________

For more information, please contact marketing@wshein.com

Posted On: November 14, 2007

ABA Publications With a Focus on Practice Essentials


The Negotiator's Fieldbook
The Desk Reference for the Experienced Negotiator

"Eighty contributing authors with varied practical and academic expertise provide a full range of new knowledge about negotiation. The Fieldbook pulls together in readable, short chapters the current insights, strategies and techniques in negotiation from law, psychology, business, economics, cultural studies and a dozen other fields which have not previously been available in any single textbook."

The Modern Rules of Order: A Guide for Conducting Business Meetings, Third Edition

"If you want meetings that run more efficiently, for a shorter period of time, and with a minimum of disagreements, then you need this framework of established procedures for business meetings. Simpler and more effective than Robert's Rules, The Modern Rules of Order focuses on promoting timely consideration of the substance of the meeting, rather than ritualistic procedure".

A Manual of Style for Contract Drafting

"Written by a practicing corporate lawyer and authority on legal drafting, this is the first comprehensive and accessible guide to drafting clear and effective contracts. The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free of the problems that often afflict contracts."


Posted On: November 13, 2007

Successful New Jersey Bar Candidates - July 1997

November 13, 2007

Successful Bar Candidates, July 2007

Of the 3,050 candidates who sat for the July 2006 New Jersey Bar Examination, 2,949 have been mailed their results. Of those, the 2,347 candidates listed here passed, comprising 79.5 percent

To see the list of the successful candidates, click here.

CONGRATULATIONS TO ALL!

Source: New Jersey Law Journal, November 13, 2007

Posted On: November 13, 2007

Legal Risks of Uncontrolled E-mail and Web Content

"Email’s ease of use, speed and scale of distribution make it an invaluable business tool. However, these same attributes can also cause severe difficulties for employers if employees’ use of email and internet is not controlled adequately. This white paper outlines email risks employers face and how to address them."

Legal Risks E-Mail...



Source:
CIO Newsletter, November 13, 2007.

Posted On: November 9, 2007

United States v. Bernard Kerik

Ex-NYPD Commissioner Indicted on Corruption, Tax Charges

UNITED STATES V. BERNARD KERIK

"(U.S. Dist. Ct., S.D.N.Y., Nov. 9, 2007) - Former New York City Police Commissioner Bernard Kerik was indicted by a federal grand jury on a variety of corruption charges relating to his former position under ex-NYC Mayor Rudolph Giuliani, as well as personal tax evasion charges and failure to pay social security and employment taxes for his children's nanny"

See Indictment 07 Cr 1027 at http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/nyc/uskerik110907ind.pdf

Source: Findlaw: Breaking Legal Documents, November 9, 2007.

Posted On: November 9, 2007

Correspondence Related to the Nomination of Michael Mukasey for U.S. Attorney General

The links below are to primary source documents from members of the Judiciary Committee of the U.S. Senate to Judge Mukasey requesting clarification of his views. Documents included are from our subscription to GalleryWatch at http://www.gallerywatch.com

10/24/2007 Letter to Attorney General Nominee Michael Mukasey from Senate Judiciary Committe. (PDF 56 KB)
Letter Requests Further Clarification of the Nominee's Position on Several Key Issues Including FISA, Interrogation Tactics and Signing Statements

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Joe Biden (PDF 52 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Ben Cardin (PDF 12 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Byron Dorgan (PDF 12 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Russell Feingold (PDF 68 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Dianne Feinstein (PDF 32 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Charles Grassley (PDF 56 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Edward Kennedy (PDF 216 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Herb Kohl (PDF 24 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Jon Kyl (PDF 12 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Charles Schumer (PDF 24 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/26/2007 Follow-Up Questions to Attorney General Nominee Michael Mukasey from Sen. Sheldon Whitehouse (PDF 16 KB)
Letter Poses Questions in Regards to Mukasey's two-Day Confirmation Hearing Testimony

Download file

10/31/2007 Letter to Attorney General Nominee Michael Mukasey from Sens. John McCain, Lindsey Graham and John Warner (PDF 504 KB)
Letter Requests to Review the Legality of "Waterboarding" Upon Confirmation as Attorney General

Download file

10/26/2007 Letter to Attorney General Nominee Michael Mukasey from the Democratic Caucus of the Senate Judiciary Committee (PDF 152 KB)
Letter Requests Providing Information Clarifying Mukasey's Views Regarding "Waterboarding"

Download file

11/12/2007 Letter to Attorney General Michael Mukasey From Sens. John McCain and Lindsey Graham
Letter Urges Mukasey to Declare "Waterboarding" Illegal

Download file

11/09/2007 Letter to Attorney General Michael Mukasey from the Chairmen of the House Judiciary Committee and Subcommittee on Constitution, Civil Right and Civil Liberties (PDF 28 KB)
Letter Requests Copies of Justice Department "Secret" Legal Opinions Authorizing the Use of Torture on Terror Suspects

Download file


Posted On: November 8, 2007

American Law Institute (ALI) Elects 47 New Members

The folowing is from an American Law Institute Press Release:

(Philadelphia) —
“It is a great pleasure to welcome these distinguished and influential individuals to The American Law Institute,” said ALI President Michael Traynor. “Members are elected through a highly selective process that recognizes people for their significant professional achievements and a demonstrated interest in the improvement of the law. ALI’s membership consists of judges, practicing lawyers, and legal scholars from all areas of the United States as well as a growing number of foreign countries. Election is considered one of the highest honors in the legal profession.”

Newly elected members are:

Ronald G. Aronovsky, Professor, Southwestern University School of Law, Los Angeles, CA
William Scott Bales, Justice, Supreme Court of Arizona, Phoenix, AZ
Lynne A. Battaglia, Judge, Maryland Court of Appeals, Annapolis, MD
John B. Bellinger, III, Legal Adviser, U.S. Department of State, Washington, DC
Susan Bisom-Rapp, Professor, Thomas Jefferson School of Law, San Diego, CA
Sarah L. Brew, Esquire, Greene Espel, Minneapolis, MN
Robert Mims Chesney, Professor, Wake Forest University School of Law, Winston-Salem, NC
E. B. Chiles, IV, Esquire, Quattlebaum, Grooms, Tull & Burrow, PLLC, Little Rock, AR
Sarah H. Cleveland, Professor, Columbia University School of Law, New York, NY
Darby Dickerson, Dean, Stetson University College of Law, St. Petersburg, FL
Arthur W. S. Duff, Esquire, O’Melveny & Myers LLP, Washington, DC
Matthew H. Duncan, Esquire, Fine, Kaplan and Black, RPC, Philadelphia, PA
Catherine L. Fisk, Professor, Duke University School of Law, Durham, NC
Simon J. Frankel, Esquire, Covington & Burling LLP, San Francisco, CA
William Funk, Professor, Lewis & Clark Law School, Portland, OR
Paul R. Garcia, Esquire, Kirkland & Ellis LLP, Chicago, IL
Heather Gerken, Professor, Yale Law School, New Haven, CT
Hal K. Gillespie, Esquire, Gillespie, Rozen, Watsky & Jones, PC, Dallas, TX
Jennifer J. Johnson, Professor, Lewis and Clark Law School, Portland, OR
Phil Johnson, Justice, Supreme Court of Texas, Austin, TX
Craig N. Johnston, Professor, Lewis and Clark Law School, Portland, OR
Christine Jolls, Professor, Yale Law School, New Haven, CT
Glenn S. Koppel, Professor, Western State University College of Law, Fullerton, CA
Joel L. Kurtzberg, Esquire, Cahill Gordon & Reindel, New York, NY
Richard J. Lesch, Esquire, Darling, Bergstrom & Milligan, PC, Denver, CO
Seth R. Lesser, Esquire, Locks Law Firm PLLC, New York, NY
Janice MacAvoy, Esquire, Fried, Frank, Harris, Shriver & Jacobson, New York, NY
Nancy A. McLaughlin, Professor, University of Utah , S.J. Quinney College of Law, Salt Lake City, UT
Alexandra Natapoff, Professor, Loyola Law School, Los Angeles, CA
Nina Perales, Southwest Regional Counsel, Mexican American Legal Defense & Educational Fund, San Antonio, TX
Timothy J. Petumenos, Esquire, Birch Horton Bittner & Cherot, Anchorage, AK
Frank A. Pfiffner, Esquire, Hughes Bauman Pfiffner Gorski & Seedorf, LLC, Anchorage, AK
W. Michel Pierson, Judge, Maryland Circuit Court for Baltimore City, Baltimore, MD
Vincent I. Polley, Esquire, Dickinson Wright PLLC, Bloomfield Hills, MI
Ghillaine A. Reid, Esquire, Gibbons P.C., New York, NY
John H. Rich, III, Esquire, Perkins Thompson, PA, Portland, ME
Kermit Roosevelt, Professor, University of Pennsylvania Law School, Philadelphia, PA
Robin Russell, Esquire, Andrews Kurth LLP, Houston, TX
E. Budd Simpson, Esquire, Simpson Tillinghast & Sorensen, PC, Juneau, AK
Kaighn Smith, Jr., Esquire, Drummond Woodsum MacMahon, Portland, ME
Lionel D. Smith, Professor, McGill University Faculty of Law, Montreal, Canada
Maxwell L. Stearns, Professor, University of Maryland School of Law, Baltimore, MD
H. Mark Stichel, Esquire, Gohn, Hankey & Stichel, LLP, Baltimore, MD
Mark R. Trachtenberg, Esquire, Haynes and Boone, LLP, Houston, TX
Michael A. Vigil, Judge, New Mexico Court of Appeals, Santa Fe, NM
Simon J. Whittaker, Professor, University of Oxford, St. John’s College, Oxford, England
Michael G. Williamson, Judge, U.S. Bankruptcy Court, Middle District of Florida, Tampa, FL


About The American Law Institute
The American Law Institute was founded in 1923 and is based in Philadelphia. The Institute, through a careful and deliberative process, drafts and then publishes various restatements of the law, model codes, and other proposals for legal reform “to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work.” The Institute’s incorporators included Chief Justice and former President William Howard Taft, future Chief Justice Charles Evans Hughes, and former Secretary of State Elihu Root. Judges Benjamin N. Cardozo and Learned Hand were among its early leaders.

For more information about The American Law Institute go to www.ali.org.

Posted On: November 8, 2007

Review: Five Security Suites You May Not Know About

It seems everywhere we turn when it comes to information technology the topic sooner or later always turns to computer security. As mentioned below in this Review published on November 7, 2007 by InformationWeek, Norton and McAfee still dominate this field. The Review as posted consists of a major part of a piece writen by Serdar Yegulap. It does not however include many useful graphics included with the original piece. To see the entire article, including graphics, you will need to click on the URL listed below:

"While big-name security suites such as Norton and McAfee dominate the market, there are others out there that may be just as good -- or better. We look at five alternative security suites."

By Serdar Yegulalp, InformationWeek
Nov. 7, 2007
URL: http://www.informationweek.com/story/showArticle.jhtml?articleID=202802869

Security Suites


• Introduction

Name a security suite, and most of what comes to mind are big names: Symantec, PC-cillin, McAfee. Maybe Kaspersky or Grisoft AVG. But there's a whole slew of other system-protection suites out there that are either quite new or not as well known, and which deserve a closer look.

We've assembled a survey of five system-protection / antivirus productions that aren't as widely known (Dr.Web, TrustPort), or that come from companies known mainly for other products (Microsoft, ESET, Check Point Software). We looked at the total scope of each program -- what it covered, what it didn't, and how it implemented its particular features. Not every security product is going to intercept the same range of threats or handle really outlandish behaviors (like null byte obfuscation), and so the sheer range of features, even within roughly the same price points, was eye-opening.

Each of the products listed here also has been tested by the AV-comparatives testing firm, which performs regular assays of many popular and lesser-known antivirus products and reports back on the results. The most recent set of tests was conducted back in August 2007 and so may not reflect on the detection quality of the most recent versions of each application, but will give a good idea of how tight their overall detection is.

If you're curious about whether or not the feature mix or performance impact from a given program will suit you, every program listed here has a fully functional trial or evaluation version. Grab a copy, make a quick data backup (you are doing that regularly, right?), set a System Restore point, and see for yourself.


Dr.Web Antivirus for Windows

The charmingly-named Dr.Web sports only two protections -- antivirus and anti-spam -- with the antivirus portion of the product being the more versatile of the two.

The three core applications are the antivirus engine, the mail-scanning engine, and a task scheduler. Many common program options are available by right-clicking the tray icons, so you don't need to drill down through the program's configuration menus as much as you might for some other apps of this kind. Each program's defaults seem to be decent for everyday use: by default, Dr.Web's protection traps pretty much all file creation and access actions, including anything downloaded from the Web.

The program's creators claim they employ an intelligent scanning engine that doesn't need to constantly rescan the same files. Malware, adware, and hacking tools are all broken out into their own categories, so each can be handled differently from the other if you're inclined to do so. Each type of threat can be given a default action and a "what to do if this fails" action -- for instance, a virus could be defaulted to "move to quarantine," with "block" as the fallback action in case the virus can't be moved. I've long been in favor of regarding malware/adware as viruses, but it's nice to have this added degree of flexibility in case for some reason you need to have a given piece of adware running.

Dr.Web Antivirus for Windows
Doctor Web Ltd.
$40 for 1 PC/year

Archive scanning is turned off by default, with the justification for this being that it slows down scanning without substantially increasing security. Ditto scanning e-mail archives (although it's not clear from the documentation which e-mail applications are supported), again on the grounds that it will slow the system down without really making things any safer. Specific directories and files also can be set to be excluded by default from scanning, if you need to, and it's also possible to selectively suppress scanning of objects on the local network and on removable drives. The scanning engine also can be configured to send e-mails or notifications if something is detected -- useful if you're administering multiple desktops, but maybe not as important for an individual user.

There are some other things about the program, aside from its relatively limited scope of protection, that also are irritating. For one, the program populates the system tray with three icons: one for the e-mail subsystem, one for the antivirus system itself, and one for the program's task scheduler. It's not clear why they use their own scheduler instead of Windows's native scheduler. Also, the anti-spam system is even less configurable than TrustPort's anti-spam system -- for one, there's no visible way to even control the sensitivity of the spam filter. It's possible to change how it stamps messages suspected of being spam, though: by default the message subject is prefixed with "[SPAM]," but you can change that as needed. What's unforgivably primitive is the whitelist/blacklist function, which is nothing but a pair of text boxes. Being able to point to an e-mail client's address book or having some other mechanism that's a little more flexible would help.

In sum, Dr.Web is limited in scope, if efficient in its protection. If you eventually decide you need broader coverage, though, you will probably have to go to an entirely different application, unless Dr.Web is significantly expanded in future revisions.


ESET Smart Security

ESET Smart Security is a protection suite from the folks who gave us the NOD32 antivirus product. NOD32's been around for a while now and gets high accolades from people who use it, but this is ESET's first attempt at building a whole suite of protection, with NOD32's antivirus protection as part of that.

The installation process gives you the option of simply accepting all the program's defaults or allowing some degree of expert option-setting (which always can be done later, too). I chose to use the "simple" setting at first, just to see how well the program behaved. The only real decision I had to make was whether to allow file sharing for my computer in my local network, something the program advertised as being best for wireless connections.

The program's protection consists of a real-time file-system and Internet monitor, scans for Microsoft Office documents and Outlook e-mail, and a number of peripheral threat-detection technologies (the "ThreatSense Scanning Engine"). ESET only announces its presence when there's something newsworthy, like the interception of a virus in a user download. Most of the time it runs silently; by default, the virus signature database updates itself quietly in the background without user prompting. The program's tray icon can pop up a notification balloon to tell you that a new set of definitions or program updates have been applied. Scans initiated from a right-click context menu can be run in the foreground or sent to the system tray to run silently in the background.


ESET Smart Security
ESET LLC
$59.99 for 1 PC/year

The mail scanner checks both incoming and outgoing messages and also scans Outlook mail (cleaning and moving any infected messages to their own folder). The mail module also includes a few other options to make handling Outlook e-mail that much easier: e-mail bodies can be converted to plain text by default, and you can elect to have any already-scanned e-mail rescanned by default after a signature update. Sadly, the anti-spam module doesn't give you very detailed control over how messages are classified, but it does intelligently detect mail sent from people in your address book as being good, and also automatically whitelists recipients to whom you reply.

If you're not using Outlook, NOD32 also can scan whatever port is used for POP3 traffic (110 by default; it's editable). You also can set the level of modification made to inbound e-mail depending on what your e-mail client can handle. The default setting is maximum efficiency, so only people using an older e-mail client (older than three years, say) might need to tinker with this setting.

Anything downloaded from the Web is automatically scanned. An advanced user also can configure ESET to scan traffic from different Web clients using one of two modes: passive, for higher compatibility; or active, for more effective filtering. I tried both modes and noticed little, if any, difference in speed or behavior. Finally, you can whitelist or blacklist HTTP addresses (i.e., pre-emptively designate given sites as "good" or "bad"), and ESET lets you feed in a plain text file to define those lists rather than just punch them in by hand.

The firewall's default protections are entirely automatic. I didn't have to touch much of anything to do my usual Web browsing or to work with applications that needed the network. Aside from automatic mode, the firewall also can work in interactive mode, where program behaviors that aren't already covered by existing rules can have rules generated for them based on user feedback, or policy-based mode, where behaviors not covered by a predefined rule are automatically blocked. You also can define network zones, where anything in a given zone (such as your LAN) is handled with an assumed level of trust.

If you've already used the NOD32 products before, ESET Smart Security makes for a good step up to something more comprehensive. And if you haven't used ESET's products before, you're liable to be impressed: the whole suite runs with the same quiet efficiency that NOD32 itself did.


Microsoft Windows Live OneCare 1.6

"Disappointing" is one of the nicer words people have used to describe Microsoft's Windows Live OneCare. Part of me wonders if this is Microsoft deliberately holding back a bit to avoid antitrust accusations and incurring further legal trouble, but that still doesn't explain the generally lackluster feature mix shown here.

OneCare's protections consist of an antivirus system, controls for IE 7's anti-phishing filter, periodic performance tune-ups, and backup and restore functionality. Each one of these things can be subjected to strong criticisms. The antivirus protection has in the past fared very poorly against other programs; the anti-phishing filter is for IE only (even if other Web browsers do have anti-phishing protection); and the backup and restore functions are limited to data and not bare-metal backup, something third-party programs have been offering for quite some time now. Apart from its antivirus features, it feels like little more than a front end to many existing Windows functions. Perhaps the single best attribute is the fact that it's available in a 90-day trial version, as opposed to the mere 15 or 30 days that other packages use.


Microsoft Windows Live OneCare 1.6
Microsoft
$49.95 for 3 PCs/year

When tested against other antivirus products in the AV-comparatives test back in August 2007, OneCare's protection was only ranked as "standard" -- trapping 90.3% of 800+ pieces of in-the-wild malware (which is on the lower end of the scale of tested products). On the plus side, OneCare's detection system was pretty scrupulous: when I performed an on-demand scan of a known-bad item, OneCare took the time to perform a quick inspection of the rest of the system. ' This prolonged the scan a bit more than usual (and I would have liked to see some feedback to that effect), but as an additional protective measure it makes a fair amount of sense.

The system-optimization functions, referred to here as "Performance Plus," run in five phases: removing unneeded files (such as the clutter that builds up in temp directories), defragmenting the hard disk, running a virus scan, checking for what files need to be backed up, and obtaining high-priority security updates from Microsoft. Nominally all this can be run on a schedule -- it's set by default to run every four weeks -- but you can always run the cleanup cycle on demand if you need to.

The backup utility is somewhat like a scaled-down version of the backup utility found in Windows Vista, which is a way of saying it's simple, if sometimes also a little too simple. When invoked, it scans for certain file types and includes them in the backup set by default, but you're also allowed to manually specify additional directories or files that aren't automatically chosen by OneCare's preprogrammed backup criteria. The results are saved in a folder labeled "Windows OneCare Backup," so they're difficult to mistake for anything else, and you can always run the backups on demand if you don't want to wait for the program to decide you need it.

The backup repositories themselves can be written to CD/DVD drives, an external or alternate hard drive, or a network share, but unfortunately no provision is offered within the OneCare product itself for remote network backup (as per what services like Mozy offer). Also, the scope of the backup is limited to personal data -- you can't back up the OS or the system state and restore it from bare metal. This feature has been persistently missing from just about every version of Windows, and only really provided in any form by third-party programs (barring the full-system backup-and-restore available in the higher-priced SKUs of Vista). I just find it irritating that Microsoft isn't even selling the ability to do this through its own system-protection tool.

OneCare's other major feature is anti-phishing controls -- for IE only, which in practice means no real added functionality. (If you habitually run another browser, you'll be left with whatever anti-phishing technology they provide, if any.) There's a sprinkling of other reasonably useful tools scattered throughout OneCare, such as the Firewall Connection Tool -- a convenient little menu for setting up firewall rules based on what you're trying to do (e.g., "File and Printer Sharing," or "Connect my Xbox 360 to my Media Center PC"). But compared with what else is out there at roughly the same prices, OneCare is still way too thin an offering -- even if it does protect three PCs for $50 a year.

TrustPort Workstation

TrustPort Workstation sports an interesting mix of system-protection tools -- aside from the usual stuff like antivirus, anti-spam, and firewall, there's a virtual encrypted disk utility, digital signatures for e-mail, and data-shredding tools.

The antivirus portion of TrustPort has one immediately unique feature: the ability to use multiple antivirus scanning engines, as licensed by the manufacturer. By default the Norman (not Norton!) antivirus engine is installed, but others can be licensed and added if needed. You optionally can use "sandbox" on-demand scanning, which adds further protection, but at the cost of performance (it's off by default). If you attempt to download an infected file through an HTTP connection, regardless of what browser you're using, you'll be redirected to a page that says "Virus infection found" with details about the virus. Viruses intercepted during a file-copying operation throw up an "Infection found / Access denied!" dialog which closes automatically after 30 seconds.


TrustPort Workstation
AEC
$55 for 1 license/year

TrustPort also scans incoming e-mail on port 110 for viruses, independent of whatever e-mail client you're using. The mail scanner also includes an anti-spam engine, which adds an "X-Spam-Found" header to the message, but if you're already running a client that has its own spam controls, you can shut this off. The anti-spam engine has a blacklist/whitelist function, but there doesn't appear to be an easy way to add entries to either list. (It would be nice to have some way to integrate an external address book with this function.)

The firewall's not as immediately user-friendly as, say, ZoneAlarm's firewall; you need to dig into it a bit if you want to customize it beyond the most basic behaviors. You can define application-specific rules, for instance, but only by hand -- there doesn't appear to be any learning mechanism for applications that ask for network access. The default rules seem to be decently well-constructed, though, and you can always edit them or revert to the factory settings without too much trouble. A small clutch of network utilities -- like a geographic ping tool, and a network-traffic monitor -- help round things out nicely. (The presence and design of these tools is to me another hint that the suite as a whole is meant more for professionals than end users.)

TrustPort's encryption tools are a mini-suite unto themselves. You can create encrypted file archives; sign, encrypt, and decrypt files using public/private key pairs; and create encrypted virtual disks. The latter is essentially what's available in the third-party open-source freeware program TrueCrypt (which I've evaluated before), and the implementation here is similar -- the virtual disk is just a file which can be stored anywhere, and is encrypted with your choice of algorithm and password. When mounted, it behaves just like a regular drive, except that all data copied to it is encrypted on the fly. The data shredder, too, is not functionally all that different from freeware programs that do the same thing, but it's handy to have around.

The whole feature mix for TrustPort -- and its price tag ($55 for one machine/year) -- makes it feel like it's aimed more at professionals than regular users. But that same feature mix may make it that much more appealing to a user with a more professional bent.


ZoneAlarm Internet Security Suite

The ZoneAlarm product used to just be a firewall, not a security suite that includes anti-virus, spam protection, and a host of other features. The original ZoneAlarm firewall-only product is still available in various iterations (including a simplified free version), but ZoneAlarm's creators also publish ZoneAlarm Internet Security Suite. It's a firewall plus it has antivirus, e-mail protection, and privacy and parental controls, and a number of other things, all available in a fully-functional 15-day trial version.

ZoneAlarm's firewall remains outwardly familiar to anyone who's used the product before, although over several revisions it has gained various refinements to its functionality. In the default security mode, it spends 21 days learning about what applications you use, and then automatically switches over to the high-security mode (which can be manually overridden if you like). This also reduces the number of false alarms you might get. Apps that have binaries that change frequently also can be tagged by the user to keep from generating more false alarms. One adjunct to the firewall is the "OSFirewall," which guards against applications changing key system settings, such as which programs load at startup. In high-security mode, any programs that try to do this will be flagged by ZoneAlarm for your explicit approval.

Most security suites now treat viruses and spyware as the same sort of threat; ZA is no exception. To further guard against spyware, ZA can block specific Web sites that attempt to install something malicious, and the user can always single out specific programs or sites to be exempted from such treatment. ZA's e-mail scanning works with any POP3/SMTP mail client, although its spam filter only works with Outlook and Outlook Express, which is a little disappointing. The spam filter itself is fairly flexible and configurable, although it includes a few features I don't see many people bothering with -- like the "challenge" function, which responds to suspect e-mails with a message asking the sender to confirm they're a human being. (Does anyone even use this sort of thing anymore?)

Another major feature ZoneAlarm boasts is personal data security. The program's encrypted "myVAULT" lets you store things like credit card information or other personal data that you don't want transmitted over the Web in the clear. Known-good sites such as eBay and PayPal (which are preconfigured) can be exempted from this. My only problem with this particular feature is that you have to manually punch in the data to be protected -- which some people may simply not bother with -- but I doubt there's any feasible way to trap those sorts of things automatically. I also liked many of the little features scattered through ZA: "Game Mode," activated by right-clicking the tray icon, silences all alerts with either an automatic allow or deny response so the user can run games or other full-screen activities without being interrupted.

The IM security module also lets you block IRC connections if desired, and add a layer of encryption to IM communications. The parental-control system uses a predefined category list to let you choose what to block, but it doesn't allow much fine-grained control: you can't block everything and then selectively unblock certain sites, which seriously limits its usefulness.

My single biggest complaint with the program centers around several aspects of its performance. The program took several seconds to kick in and allow user interaction after a logon, and the program's own UI would sometimes become unresponsive. Calling up the main overview pane sometimes takes several seconds to render; ditto some of the informational screens (like the safe applications list).

There's one thing that I can't deny about ZoneAlarm: the price is excellent. A year's protection for a single PC is $49.95, but you can buy protection for three computers for $59.95 -- perfect for households or small workgroups.

Posted On: November 7, 2007

ABA Publications: Focus on Criminal Law

Street Legal: A Guide to Pre-trial Criminal Procedure for Police, Prosecutors, and Defenders

This book provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms "what you can do and what you cannot do" under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it is all covered in this concise reference. Search warrants, electronic surveillance, and use of canine search and seizure are also covered in great detail.


The Criminal Lawyer's Job: A Survival Guide

Written from the trenches by a practitioner with over 100 trials under her belt and who received "not guilty" verdicts in cases involving murder, rape, sex crimes, drugs and DUI, among others. This guide will give you valuable "how to" advice for taking the initial client meeting to picking a jury and trying the case. It is not intended to be a summary of the law, but rather a cheat sheet. It is a guide that most senior criminal defense attorneys likely wish they had when they tried their first few cases.

Mental Disability Law, Evidence and Testimony

This Reference Manual will guide lawyers, judges, law students, and forensic and other mental disability professionals through the maze of civil and criminal laws, standards, and evidentiary pitfalls, and forensic practices that characterize this area of the law. Moreover, it summarizes what empirical evidence exists to support or raise concerns about these legal standards and forensic practices when they are introduced in the courtroom.

Posted On: November 7, 2007

American Law Institute-American Bar Association (ALI-ABA) and SAI Global Form Strategic Alliance

Alliance Enhances Understanding and Management of Key Compliance and Legal Issues

PHILADELPHIA, PA and PLAINSBORO, NJ, October 29, 2007. The American Law Institute-American Bar Association (ALI-ABA) and SAI Global have formed a strategic business alliance in a bid to help tens-of-thousands of business and legal professionals manage their legal and compliance requirements.

The alliance will provide ALI-ABA clients with customized access to SAI Global’s compliance and risk management solutions to train staff and manage the integration of compliance and risk information into core business processes. SAI Global clients will have access to ALI-ABA’s acclaimed CLE services and tailored portal solutions for legal professional development.

“Lawyers and those involved with compliance, ethics, and corporate responsibility issues stand to benefit greatly from this initiative by being able to better understand and manage the emerging issues that affect their organizations and clients,” said Tom Parry, President, SAI Global Compliance (Americas).

“Our goal is to make the increasingly complex set of global responsibilities and risks more manageable by increasing the efficiency and relevancy of information and employee training,” said Mr. Parry.

According to Julene Franki, Executive Director, ALI-ABA Continuing Professional Education, “SAI Global is an important ally of ALI-ABA and our organizations share a strong commitment to meeting client needs. Through this strategic business alliance, both ALI-ABA and SAI Global provide clients with a more complete range of compliance, risk management, and legal education solutions.”

The Alliance will help legal, compliance, ethics, information security and data privacy professionals:

keep abreast of current regulations;
stay informed about standards, case law and best practices;
understand emerging legal and compliance issues;
respond to external events; and
develop and execute appropriate internal policies and employee training.

“As the premier national provider of continuing legal education programming, products, and services we are delighted to form this alliance with SAI Global, a worldwide provider of solutions that integrate compliance, ethics, and risk management into business operations,” said Franki.

“Our clients will gain customized access to SAI Global’s compliance and risk management solutions to help train staff and manage the integration of compliance and risk information into core business processes, and SAI Global clients will have access to ALI-ABA’s acclaimed CLE services and tailored portal solutions for legal professional development.”

ALI-ABA and SAI Global Compliance previously collaborated on The Corporate Compliance Series, a set of video webcasts that examined preventive strategies for specific areas of legal risk (such as the Foreign Corrupt Practices Act, Antitrust, and Government Contracting) using the compliance and ethics program elements set forth by the Organizational Sentencing Guidelines.

For further information please visit www.saiglobal.com/compliance or www.ali-aba.org.


Media Inquiries

Darren Brackett, VP Business Development, SAI Global Compliance Division, darren.brackett@saiglobal.com, phone (678) 779-3699

Frank Paul Tomasello, Director, Office of Business Development, ALI-ABA Continuing Professional Education, ftomasello@ali-aba.org, phone (215) 243-1663.


About SAI Global

SAI Global Ltd applies information worldwide to help organizations manage risk, achieve compliance and drive business improvement. It provides access to standards and other technical and regulatory information, compliance solutions, business improvement training and independent verification and certification services.

Headquartered in Plainsboro, NJ, the SAI Global Compliance Division (www.saiglobal.com/compliance) brings a global view and global capabilities to comprehensive compliance, ethics, AML (anti-money laundering), information security and privacy solutions. More than communication and training, SAI Global Compliance provides a range of services from risk analysis to program management, from engaging Web-based training programs to news feeds, risk management solutions, benchmarking data and global legislative databases.


About American Law Institute-American Bar Association
Continuing Professional Education (ALI-ABA)

Based in Philadelphia, PA, ALI-ABA (www.ali-aba.org) is the premier national provider of continuing legal education in the United States. Founded in 1947 as a collaborative effort between the American Law Institute (ALI) and the American Bar Association (ABA), ALI-ABA offers a national curriculum of continuing legal education featuring traditional substantive CLE courses, lawyer skills programs, distance learning courses, published books and periodicals, online materials, and in-house services for lawyers at every stage of their careers. More than 10,000 lawyers annually attend ALI-ABA’s multi-day courses at various locations throughout the country. Thousands more attend ALI-ABA telephone seminars and webcasts, purchase ALI-ABA books, and access online courses and online materials at the ALI-ABA website

Posted On: November 5, 2007

Northeast Regional Law Library Conference Proceedings

From Jim Garnet, Law Librarian U.S. Department of Justice National Place Library, November 2, 2007.

I've seen this posted a couple of other places, but I don't think it's been on the LLAM listserv. I think the MP3 (audio) files are available for all of the programs, and the Powerpoints are vailable for quite a few (including the program that LLAM coordinated, "Education without Borders," with LLAM member Susan Herrick as a speaker):

Libraries Without Borders II - presentations available It was a common complaint at the recent meeting of the NorthEast Regional Law Libraries - "How do I decide which session to attend?". Cross-border crime or HR strategies for managers? Copyright or Reinventing the Law Firm Library? Now you can go back to those sessions you missed. The organizing committee is pleased to announce that the presentations from our fantastic Toronto conference are now available on the web. Point your browser here.

As the speakers have provided us with their presentations, we've put pdf versions of the slides
onto the website - and they're searchable! Want to see Joan Shear's penguins again? Just oogle "easy questions" NE2007, and you're there!

For the full experience, keep checking the site for the audio. Usually, a CD of the program is available at an extra charge, but AALL generously sponsored taping most of the sessions, and the University of Toronto has (equally generously) agreed to make these recordings available on the website. (So we can pass the savings on to you!)

Posted on behalf of Wendy Reynolds, NE2007 Organizing
Committee

Posted On: November 5, 2007

Yes, They Do Laugh Occasionally

The Supreme Court may have its own police force, its own museum curator, and even its own basketball court, but unlike the courts of yore it has no Jester. As a result, the responsibility of delivering humor within the hallowed halls of One First Street falls squarely on the backs of the nine Justices themselves.” So, which Justice is the best at it? Well, before last year we had no way of knowing because the court reporter did not indicate which Justice asked a question or was speaking. But in the 2004-2005 that ended; now the Court Reporter reveals the names of the speaking Justices. And you might have guessed who won: Justice Scalia. He instigated 77 laughing episodes during the term. In last place was Justice Thomas; he instigated 0 episodes.
Justice Breyer was right behind Scalia with 45, Kennedy was third with 21, Souter had 19, Rehnquist had 12, Stevens 8, O’Connor 7, and Ginsburg 4.

[From an article entitled Laugh Track by Jay D. Wexler in “The Green Bag,” Vol. 9, No. 1, p.59]

Source: http://www.inchambers.us/

Posted On: November 5, 2007

Lois Ireland Profiled by SMR International

From an e:mail sent by Guy St. Clair. President and Consultation Specialist for Knowledge Services at SMR International:

Legal Division members will be interested in reading about Lois Ireland, who is the subject of the current SMR International e-Profile.

Ireland, Manager of the Corporate Information Resource Center (CIRC) at Freddie Mac in McLean, VA was selected because of her role in working with the company to develop a enterprise-wide knowledge hub, providing knowledge services for all Freddie Mac employees and stakeholders.

The Lois Ireland e-Profile can be seen at the SMR International site (www.smr-knowledge.com) or directly at http://www.smr-knowledge.com/eProfiles/e-Profile%20IRELAND.pdf.

Posted On: November 5, 2007

New on LLRX.Com for October 2007

The following are new articles and papers included in LLRX.com for October 2007:

**Cultural Challenges in Cross Border Mediation
http://www.llrx.com/features/crossbordermediation.htm
Vikrant Singh Negi discusses how the role of cultural differences are crucial in cross border mediation. Although an individual's nationality does not necessarily determine the attitudes and behavior brought to the table, it can provide valuable guidelines as to which negotiation strategies are likely to work and which are likely to end in failure.

**Persuading Judges in Writing: Tips for Lawyers (And how technology can help),
http://www.llrx.com/features/persuadingjudegesinwriting.htm
Troy Simpson explains how good written advocacy can help lawyers in England, Australia and America to persuade judges, and providers readers with some practical tips to accomplish this challenging task.

**Competitive Intelligence on a Shoestring,
http://www.llrx.com/features/cionashoestring.htm
Susan Armstrong succinctly outlines key techniques and processes used by successful CI experts. Sabrina I. Pacifici's quick guide focuses on a selected range of strategic CI information and services available from key sources that faciliate an effective CI research process, both in the U.S. and Canada.

**E-Discovery Update: Discovery of Employee-Owned Computer Equipment
http://www.llrx.com/columns/fios22.htm
Conrad J. Jacoby addresses the issues of whether discovery requests served on the company also extend to home computers, cell phones, and other equipment personally owned by employees of the company.

**The Government Domain: Journalists and Government Information: SLA-DGI/GODORT
Joint Meeting
http://www.llrx.com/columns/govdomain31.htm
Peggy Garvin spotlights presentations on using government documents, by New York Times reporter Scott Shane and Washington Post research editor Alice Crites, at a recent joint meeting of the SLA Government Information Division and the ALA Government Documents Roundtable.

**FOIA Facts - FOIA Litigation: When A Loss Isn't Always A Loss
http://www.llrx.com/columns/foia45.htm
According to Scott A. Hodes, bringing a FOIA case often results in a more timely release of information, more information being released then the agency would have released if it wasn't in litigation and more information going to the requester about agency decisions and withheld documents.

**LLRX Book Review by Heather A. Phillips - Nation of Secrets, and Presidential Secrecy and the Law
http://www.llrx.com/columns/bookreview3.htm
Heather A. Phillips reviews two new books which present various perspectives on the expanding ramifications on our lives, and to our democracy, of government secrecy.

If you need real-time updates and access to KEY Congressional documents GalleryWatch.com is the only choice for you. GalleryWatch.com provides all CRS Reports online and fully searchable, Hot Docs (member letters, draft text of bills and amendments), innovative tools, and access to congressional actions within seconds of them occurring on the House and Senate floor.

Visit http://www.GalleryWatch.com or call 888.498.3927
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**CongressLine by GalleryWatch.com: Lobbying and Ethics Rules
http://www.llrx.com/congress/ethicsrules.htm
This month Paul Jenks provides readers with a copy of a recent CRS report, Lobbying Law and Ethics Rules Changes in the 110th Congress.

**After Hours: Recommended Reading
http://www.llrx.com/columns/afterhours42.htm
Kathy Biehl discusses a free advocacy group sponsored healthletter that examines and often challenges acknowleged nutritional and health claims. She also highlights a new book of photographs of and interviews with women that demonstrates their respective diverse and unique slants on power outfits.

**Rule the Web
http://www.llrx.com/features/ruletheweb.htm
Web marketing expert Julia Wotipka reviews a new book on creative, productive and engaging ways to leverage all aspects of web publishing, authored by the co-founder of one of the five most visited blogs on the Web, Boing Boing.

**Commentary: Congress Looks Again at FISA
http://www.llrx.com/extras/fisa.htm
Beth Wellington’s commentary reviews legislative activity, advocacy group positions and news articles related to proposed changes to portions of the Protect America Act.

**LLRX Court Rules, Forms and Dockets, continually updated by law librarian Margaret
Berkland
http://www.llrx.com/courtrules