Posted On: December 21, 2007

ABA Journal Weekly Newsletter, December 21, 2007

Personal Lives

How a Reed Smith Partner Learned Wealth, Power Were the Wrong Priorities
Dec 17, 2007, 01:51 pm CST

A. Scott Bolden, a partner at Reed Smith in Washington, D.C., didn't listen to his lawyers' advice after an ex-girlfriend called him about his long-rumored daughter. The ex told Bolden shortly before Thanksgiving in 2001 that his daughter, Shayla, was turning 18 and needed him, Bolden recalls in a Washington Post article..

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

Terrorism
At Least Four White House Lawyers Debated Videotape Destruction
Dec 19, 2007, 05:37 am CST

Associates
'Lowball' Bonuses at Some BigLaw Firms?
Dec 18, 2007, 06:49 pm CST

Law Practice
Cravath in 1952: No Billables Pressure, No Fancy Offices and No Women
Dec 17, 2007, 06:47 am CST

Securities Law
Mayer Brown Partner Sued--and Charged--by SEC in Refco Case
Dec 18, 2007, 12:36 pm CST

Family Law
Kinder, Gentler Collaborative Divorce Also Costs Less
Dec 18, 2007, 02:48 pm CST

Legal Ethics
Lawyer Had Duty to Return Opponent's Notes, Court Rules
Dec 17, 2007, 06:09 am CST

First Amendment
10-Rated Lawyer Wins Dismissal of Suit Against Lawyer-Ranking Website
Dec 19, 2007, 11:09 am CST

Entertainment Law
Julia Roberts Character Doesn't Cuss So Much, Thanks to Houston Lawyer
Dec 18, 2007, 01:07 pm CST

Legal News
Legal Blog Picks Top Odd-But-True Stories
Dec 18, 2007, 07:41 am CST

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

In The Magazine


Labor & Employment Law
The Boss is Watching
And employees are finding they have fewer places to hide.

Associates
Building Your Dream Practice
Want to specialize? Be patient, pull overtime.

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

Question of the Week


What's the Best Way You've Found to Combat the Holiday Blues?

Posted On: December 21, 2007

Law Library Journal 99, No. 4 Fall 2007

Table of Contents:

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

General Articles

Legal Information, the Informed Citizen, and the FDLP: The Role of Academic Law Librarians in Promoting Democracy [2007-44]
Tammy R. Pettinato

The Queen of Chula Vista: Stories of Self-Represented Litigants and a Call for Using Cognitive Linguistics to Work with Them [2007-45]
Charles R. Dyer

Candy, Points, and Highlighters: Why Librarians, Not Vendors, Should Teach CALR to First-Year Students [2007-46]
Shawn G. Nevers

Interdisciplinary Legal Scholarship: What Can We Learn from Princeton’s Long-standing Tradition? [2007-47]
David A. Hollander

Servant Leadership: A New Model for Law Library Leaders [2007-48]
Filippa Marullo Anzalone

Serendipity in the Stacks, Fortuity in the Archives [2007-49]
Michael H. Hoeflich

Review Articles

Keeping Up with New Legal Titles [2007-50]
Amy Atchison, Laura Cadra

Regular Features

Practicing Reference...The Pajama Way of Research [2007-51]
Mary Whisner

Managing by the Book...Perfecting Negotiation Techniques [2007-52]
Jean M. Holcomb

Technology for Everyone...Tools for Creating Video Tutorials [2007-53]
Diane Murley

2007 Business Proceedings—100th Annual Meeting [2007-54]

2007 Members' Open Forum—100th Annual Meeting [2007-55]

2007-2008 Officers, Committees, Chapter Presidents, Special Interest Section Chairs, Representatives, and Executive Staff [2007-56]

Memorial: Viola A. Bird [2007-57]
Penny A. Hazelton

Memorial: Maurice D. Leon [2007-58]
Sue L. Center

From the Editor: Endnote [2007-59]
Frank G. Houdek

Volume 99: Author and Title Index [2007-60]

This issue of the Law Library Journal is available for viewing here.


Posted On: December 21, 2007

Internet Explorer 8 Beta Due in Mid 2008*

The following is an edited version of an article by Peter Galli, published on eWeek.com:.

December 19, 2007

By Peter Galli

Microsoft has finally started talking publicly about the next release of its Internet Explorer Web browser, and expects to deliver the first beta for IE 8 in the first half of 2008.

A Microsoft spokesperson declined to comment about the company's future plans for IE 7, particularly with regard to patches and updates, saying there was "nothing new to share at this time."

In a move the development team is citing as a milestone on its blog, it says that IE 8 in standards mode now correctly renders the "Acid2 Browser Test," which determines how well a browser works with several different Web standards.

"Showing the Acid2 page correctly is a good indication of being standards compliant, but Acid2 itself isn't a web standard or a web standards compliance test. The publisher of the test, the Web Standards Project, is an advocacy group, not a web standards defining body," Dean Hachamovitch, the general manager for the Internet Explorer team, said in the blog post.

While acknowledging the many kinds of Web standards, ranging from true industry standards to de facto standards, open standards, and others, Hachamovitch said the key goal was interoperability, so developers did not have to write the same site multiple times for different browsers.

"With respect to standards and interoperability, our goal in developing Internet Explorer 8 is to support the right set of standards with excellent implementations and do so without breaking the existing web … We must deliver improved standards support and backwards compatibility so that IE8 continues to work with the billions of pages on the web today that already work in IE 6 and IE 7 and makes the development of the next billion pages, in an interoperable way, much easier," he said.

Chris Swenson, director of software industry analysis at the NPD Group agrees, telling eWEEK that the IE 8 Acid2 test announcement is a big deal for Web developers as they will now have to spend less time tweaking their sites to work in multiple browsers.

While acknowledging that Acid2 "isn't the be-all and end-all test of compliance to Web standards, in fact some of its tests aren't even finalized yet," Swenson said it was a good test suite to check browsers test for compliance to some major, modern standards.

The announcement also had implications for the recently filed Opera antitrust lawsuit against the software maker, which said Microsoft needed to adhere to common Web standards. "Well, this announcement makes the Opera's suit look pretty weak. Clearly, Microsoft is committed to supporting many modern Web standards," he said.

There has also been much criticism about the deafening silence coming from the team with regard to the roadmap for Internet Explorer. Jurgen Altziebler, the interactive experience director for CoreBrand told eWEEK that IT managers need this information.

"The IE 7 team has been very quiet since the latest release. IT needs to know the roadmap for Internet Explorer, especially now where everything is about building smart, Web-based enterprise applications," he said.

In a reference to the criticism about the lack of public information, Hachamovitch said the team wanted to talk about facts rather than aspirations.

"We're posting this information now because we have real working code checked in and we're confident about delivering it in the final product. We're listening to the feedback about IE, and at the same time, we are committed to responsible disclosure and setting expectations properly," Hachamovitch said.

"Now that we've run the test on multiple machines and seen it work, we're excited to be able to share definitive information," he said.

NPD's Swenson also points to how far Microsoft has come on the Web development front, saying that IE 7 looks like a modern browser with modern features.

"Expression Web creates beautiful, standard-compliant code. With Expression Blend, Visual Studio, and XAML, you can create sexy, rich Internet applications. Silverlight has a streamlined and efficient download experience, a small footprint, and an amazing video codec that many Web developers are raving about," he said. "Granted, Microsoft still has a long way to go, but it really is amazing how far they've come in so short a time."
_____________________________

* To see article with added links, click here.


Posted On: December 21, 2007

New York State Legislature: 2007 Chapter Law List

To see the list of Chapter Laws enacted by the State of New York during the year, 2007, click here and select Chapters from the menu.

Posted On: December 20, 2007

ABA Criminal Justice Section Announces Program for 2008 Mid Year Meeting

Criminal justice experts from around the country will descend upon Los Angeles on Feb. 7-9 for the American Bar Association Criminal Justice Section's 2008 Midyear Meeting. On Feb. 8 members can participate in CLE programs addressing among other issues how the "Jena 6" ordeal affected the public's perception of the criminal justice system and what mediation and restorative justice could have done to prevent it, and the latest tactical approaches taken by both prosecutors and public defenders in DUI trials.

That same day, the CJS Innocence Subcommittee is pleased to announce that the Section is cosponsoring a symposium at Southwestern Law School entitled "Wrongful Convictions: Causes and Cures".

Following the "Jena 6" and DUI programs, the Section will co-sponsor a joint reception celebrating the 40th Anniversary of the ABA Council on Legal Education Opportunity and the presentation of the Section's inaugural Frank Carrington Victim Advocate Award presented in honor of Frank Carrington to the Carrington family.

On Feb. 9, the Section’s Executive Committee will meet to discuss the long-range priorities of the Section, and the Nominating Committee will meet to make recommendations for future Section leadership.

All events are complimentary, but please rsvp to to note your attendance at the CLE programs and reception. Visit the Section's Midyear Meeting page http://www.abanet.org/crimjust/calendar/2008midyear.html to view a complete schedule

Posted On: December 20, 2007

A Preview of HTML 5

BY LACHLAN HUNT

Abstract

The web is constantly evolving. New and innovative websites are being created every day, pushing the boundaries of HTML in every direction. HTML 4 has been around for nearly a decade now, and publishers seeking new techniques to provide enhanced functionality are being held back by the constraints of the language and browsers.

To give authors more flexibility and interoperability, and enable more interactive and exciting websites and applications, HTML 5 introduces and enhances a wide range of features including form controls, APIs, multimedia, structure, and semantics.

Work on HTML 5, which commenced in 2004, is currently being carried out in a joint effort between the W3C HTML WG and the WHATWG. Many key players are participating in the W3C effort including representatives from the four major browser vendors: Apple, Mozilla, Opera, and Microsoft; and a range of other organisations and individuals with many diverse interests and expertise.

Note that the specification is still a work in progress and quite a long way from completion. As such, it is possible that any feature discussed in this article may change in the future. This article is intended to provide a brief introduction to some of the major features as they are in the current draft.

______________________

Click here to see complete article

Posted On: December 20, 2007

Growing Trend Toward On-Demand Web Based Databases

An article by Brian Prince, "On-Demand Trend Touching the Database." describes a growing trend in the marketplace toward migration to web-based databases. Some of the new or forthcoming databases discussed are SimpleDB beta of Amazon.com, Dabble DB, and Trackvia. A company also mentioned, Kognitio, provides on-demand data warehousing.

One person quoted in the article states that "[Data-as-a-service] is driven by the fact that business the business users cannot get what they need from their IT departments in a timely manner." Even for those not experiencing IT problems, this is a positive trend because for many users, including online service providers, because of its being incorporated more directly into the seemingly all encompassing web.

Database-as-a-service (DAAS) is based on cloud computing technology. To see the entire article, click here.

Posted On: December 19, 2007

11 Person Jury Verdict Upheld in New York

NY LAW JOURNAL
Wednesday, Dec. 19, 2007
p. 1, col. 4

11-Person Jury's Verdict Upheld
Majority Accepts Defendant's Waiver

BY JOEL STASHENKO

ALBANY--The Court of Appeals yesterday abandoned one of its oldest precedents by deciding that a jury with fewer than 12 members can return a valid verdict in a criminal trial in New York state.

The 5-2 ruling upheld Winston Gajadhar's conviction for murder and attempted robbery by an 11-member Manhattan Supreme Court jury Mr. Gajadhar requested that the 11 jurors decide his case after a 12th juror was hospitalized three days into deliberations, but he subsequently appealed his conviction as unconstitutional.

Yesterday's ruling is counter to the Court's findings in the 1858 case, Cancemi v. People, in which the Court recognized the 12-member jury as the standard for criminal trials in New York. Cancemi came only 12 years after the formation of the Court, and the issue had not been revisited until People v. Gajadhar, 166.

Amendments to Article 1; Section 2 of the state Constitution and court rulings interpreting the evolving text of the section have made it clear that defendants in non-capital cases can consent to having juries smaller than 12 members decide their cases, the majority found yesterday.

"The 1938 constitutional amendments clearly dispelled the notion that a defendant cannot consent to an alteration of the common-law jury of 12 in a noncapital criminal case," Judge Victoria A. Graffeo wrote for the majority in Gajadhar. "Since the waiver language in Article 1, section 2 for civil cases permits juries of less than 12, unlike the dissent, we are not persuaded that the identical language, when applied to criminal cases, prohibits a defendant's waiver allowing deliberations to continue with 11 jurors."

The two dissenters, Judge Carmen Beauchamp Ciparick and Chief Judge Judith S. Kaye, are also the longest-tenured members of the Court of Appeals. Judge Ciparick wrote that Cancemi (18 NY 128) "remains good law."

"A defendant exercising the right to a trial by jury must be tried by a panel of twelve, and neither a court, a prosecutor nor a defendant can alter the parameters of this fundamental mode of a judicial proceeding, that modification is solely within the province of the Legislature," the dissent stated.

Judge Ciparick called the right to trial by a 12-member jury "inviolate" and wrote that it can only be waived by a defendant in favor of a bench trial.

Cancemi involved a murder conviction reached by an 11-member jury after a 12th juror had been dismissed. That Court ruled that permitting convictions reached by juries with fewer than 12 members would be a "highly dangerous innovation."

In addition to a rereading of the venerable Cancemi decision, yesterday's ruling had the Court delving into the legal histories for the origins of why juries hearing criminal cases came to have 12 members in the first place. Judge Graffeo wrote that the number may have had a biblical basis (the 12 tribes of Israel and Jesus' 12 apostles, for example) before becoming the standardized number in England about the 14th century.

"The number 12 has long been associated with trial by jury but no one knows why or when the common law settled on that figure," Judge Graffeo wrote.

Waiver in Writing

In New York, the first state constitutions provided for a trial by jury, but it was not until Article VI, Section18(a) was added in 1962 that the size of juries in criminal trials was placed at 12. CPL Section 2'70.05(1) was amended eight years latter to spell out the 12-juror requirement.

The 1938 amendments to the Constitution allowed criminal defendants to waive their right to a jury trial, something the Constitution had allowed in civil trials starting in 1846 as part of the same amendments that provided for the establishment of the Court of Appeals.

The Court's 1996 ruling in People v. Page, 88 NY2d 1, affirmed that defendants could waive their right to a trial by 12 jurors by consenting to the substitution by a deliberating juror by an alternate, provided they do so in writing in open court. Oral consent is insufficient, the Page Court found.

The majority of the Court held yesterday that defendants are permitted to waive! fundamental constitutional rights in many circumstances, such as the right to counsel and the right to testify or present a defense. Waiver of the "common-law jury" under Article 1, Section 2 is also permissible, as long as it is done knowingly and voluntarily, and with the approval of the trial judge, the Court determined.

Judges Eugene F. Pigott Jr., Theodore T. Jones Jr., Robert S. Smith and Susan Phillips Read joined in Judge Graffeo's ruling.

The dissenters focused on Article VI,Section 18 of the Constitution as containing "clear and unambiguous language" setting 12 as the size of juries in criminal trials.

"There is no language in the Constitution that permits a felony jury trial with fewer than twelve jurors," Judge Ciparick wrote.

Prosecutors at Mr. Gajadhar's 2002 trial for killing a man in a dispute over taxicab repairs had argued for a mistrial when the 12th juror became incapacitated. Mr. Gajadhar asked that the remaining jurors go back to work.

The trial judge, Justice Michael J. Obus, accepted the defendant's request, once Mr. Gajadhar executed a written waiver of his right to a jury trial in open court. Justice Obus had earlier dismissed the alternate jurors after the defense indicated it would not consent to substitution of alternate jurors once deliberations began.

Convicted by the 11-member jury and sentenced to 20 years to life, Mr. Gajadhar appealed. He argued that despite his request to have the shorthanded jury make a decision and his signing of the waiver, he is prohibited from waiving his constitutional and statutory rights to a trial by a jury with 12 members.

In People v. Gajadhar, 38 AD3d 127 (2007), the Appellate Division, First Department, unanimously upheld Mr. Gajadhar's conviction and determined that any earlier decisions that held that juries at criminal trials must have 12 members had been "implicitly overruled" (NYLJ, Jan. 24).

Paul Weiner of the Legal Aid Society represented Mr. Gajadhar.

"We are very disappointed," he said yesterday. "We really felt very strongly that you could not have an 11-person jury in New York. We felt that the language of the New York state Constitution, the language of the statute, supported that. That has been the law up till now."

Assistant Manhattan District Attorney Hilary Hassler argued for the prosecution.

Posted On: December 18, 2007

Request for Quiche Interpreter for a Pending Case*

QUESTION:

"Good afternoon. ...[our court] is trying to find a Quiche interpreter for a pending criminal case. Quiche or K'iche is a Mayan language spoken in the central highlands of Guatemala. We've tried courts in major metropolitan areas, NAJIT, major universities, Language Line, and even the Guatemalan embassy in Washington, DC. I noticed in a Google search that a court in Louisville, Kentucky tried to find a Quiche interpreter in 2000 -- not sure if they ever found one. There are also a few appellate cases out there that talk about exhausting all efforts to find a Quiche interpreter, so I know we're not the first court in this situation. We even tried my brother, who happens to be a theology professor at Biola University, who happens to know Bible translators in obscure South and Central American dialects, which led us to a possible translator at a university in Texas, but now that seems to be falling through. We even priced a plane ticket from Guatemala to Sioux Falls ($697, much less that I thought), but we have no contacts there and the embassy could not offer any."

"If anyone has any leads or suggestions on a Quiche interpreter, we'd be very grateful. "

SUMMARY OF RESPONSES:

Quiche Interpreters

[also spelled K’iche’ and a number of other variations], compiled 12/2007
Court Administrator’s Office, 2nd Judicial Circuit, South Dakota
605-367-5979


1. From California:

Policarpo Chaj. 213-810-4730
Martin Perez 510-610-6555
Misael Itzep 909-941-9769
Orlando Tzul-Mendez 323-252-7198

Contact info, web page: www.bridgelanguage.com/viewInterpOctober2006.do

2.. From Massachusetts, through Minnesota:

We have a screened (non certified) interpreter of Quiche: Rene Moreno----508-965-8474….Before Rene we had to use relay interpreting.

3.. Oregon:

Teresa Kilpatrick,
La Grande, Oregon area
etkilpatrick@gmail.com
(don’t have a phone number)


4.. From New Mexico Federal Court and AOC (excluding a couple already listed above):

Francisco Icala CA Los Angeles 323-263-3705
Fidel Sontay CA Los Angeles 323-791-3154

5. E-mail from the Colorado courts:

…Our courts have used a telephonic Quiche interpreter from IAL Language Services, Inc in the past for minor traffic cases. Vince Ciccolini is the contact his number is (877) 638-6818 or e-mail at vciccolini@ialservices.com The website is www.ialservices.com …

6. From Guatelama City:

I, Julio César Muñoz, Certified Translator live in Guatemala City if I can be of any help; please just give more details on how a person from Guatemala can make a short trip to this city or let me know any other available mean to send someone if no such an interpreter is available in USA so I contact an ethnic language institution in my country.

Regards,

Julio César Muñoz
Certified Translator
Guatemala City, Guatemala, C.A.
(502) 2331 7719, mobile (502) 5417 1388
9. Various additional contacts, organizations, agencies, and others who may be able to help with Quiche or other languages:


Suzanne L Rogers [native Guatemalan]
Asturias Language Interpreters
Tel. 520 241-4455
Fax 520 624-6772
PO Box 40643
Tucson AZ 85717-0643
www.asturiaslan.com


Sherry Goodman
Regional Court Interpreter Coordinator
Southern Region
Judicial Council of California-Administrative Office of the Courts
2255 North Ontario Street, Suite 200
(818) 558-3022 Fax:(818) 558-3112, sherry.goodman@jud.ca.gov -
www.courtinfo.ca.gov


Guatemalan Consulate in Arizona:

Consul General de Guatemala en Phoenix Arizona
Licenciado Oscar Padilla Lam
602-2003660

E-mail suggestion:

“…You might also want to check with Debra Connors in the federal district court for the District of New Mexico (505-348-2210 ) or Rebeca Calderon in the Southern District of California (619-557-5205). Both courts have used Quiche interpreters several times in the last couple of years. The Oregon Judicial Department (Lois Feuerle 503-986-7041) and the Judicial Council of California (http://www.courtinfo.ca.gov/programs/courtinterpreters/) are also good resources for interpreters of indigenous languages of Central America.


List of possible resources from the court in Sioux City, Iowa:

TransPerfect Translations - has a GSA contract for interpreting and translating over 100 languages: 202-347-2300
MN -- http://www.mncourts.gov/FindInterpreters (actually had a Tagalog interpreter!)
NE -- http://court.nol.org/community/cert_interpreters.htm
WI -- http://www.wicourts.gov/services/interpreter/search.htm
Languages Unlimited: www.languagesunlimited.com 800-864-0372
Berlitz Translation Services (also interpretations): 800-423-6756
Total Language Solution: 1-866-691-5160 www.totallanguagesolution.net
Iowa Council for International Understanding 515-282-8269
betmar languages --612-571-3467
Enterprise Language Solutions (translate.com) 415-512-8800
Agnese Haury Institute for Court Interpretation/University of Arizona 520-621-3615
Joe Pittman, Administrator for Nebraska Association for Translators and Interpreters 402-397-0280 (www.natihq.org)
You may also want to consider connecting with a Bureau for Refugee Services (Iowa office: 800-362-2780).

E-mail from Delaware:

…This is a response I received from the person in our court who handles interpreter requests. The church referred to is in Wilmington, DE and Father Bill’s phone number is (302) 656-1372.
-----------------------------------------------------------------------------
Sagrario Aleman is a Spanish interpreter from Guatemala, she runs an interpreting agency in Pennsylvania and she was just in Guatemala last year or so, maybe she can be of assistance in locating a Quiche interpreter, here is her phone number: 215-947-2257, cell: 215-694-4089, email: alemanandassociates@att.net. Also you may want to try contacting St. Paul's Church at 4th and Jackson Streets, ask for Father Bill, some of the parishioners are from Guatemala.

Assistance agency:

ORGANIZATION MAYA K'ICHE
11-62 Acushnet Ave
New Bedford, Mass 02746
Director: Anibal Lucas
office: 508/ 994-7396
cell: 508/ 264-0892

Professor in Buffalo who translated a Mayan book recently:

Dennis Tedlock
306 Clemens Hall
State University of New York at Buffalo
Buffalo, NY 14260
(716) 645-3422 / FAX 645-3654
dtedlock@acsu.buffalo.edu
Possible lead for a Quiche interpreter in Canada:

Luis Barnola,
Senior Program Specialist
Institute for Connectivity in the Americas
250 Albert Street
PO Box 8500
Ottawa, Ontario,Canada, K1G 3H9

California:

I believe Los Angeles, CA uses one. Try to call Rudy or Lorraine at 1-2138944370. I think he lives in San Francisco. If you have no luck, email me back, and I will ask my friend who also know someone else. Cynthia Parker, Spanish state and Federally certified interpreter in Los Angeles, CA


Posted On: December 18, 2007

Legal Risks of Uncontrolled Email and Web Content

A paper prepared by Hillel L. Parness, Professor, Columbia University Law School and Of Counsel, Lovells (New York) for MessageLabs (http://www.messagelabs.com) ; it includes the following sections: Introduction, The Risks, Harassment, Child Pornography, Defamation, 3rd Party Intellectual Property Rights, Contract Formation, Confidentiality, Dealing With Risks, and a Summary.

Introduction
"Email is critical to many businesses; its ease of use, combined with the speed and
scale of distribution, make it an invaluable business tool. Today, many businesses
could not function without consistent and unfettered access to the Internet.
However, these same attributes can also cause severe difficulties for employers if
employees' use of email and the Internet is not controlled adequately. This short
summary considers some of the risks that employers face. It is not a
comprehensive study of the topic; therefore, detailed legal advice should always be
sought in specific situations."

Summary
"All employers should have a clear AUP (Acceptable User Policy) and ensure that it is enforced consistently. The AUP should explain the risks, indicate what monitoring is to be conducted and why, offer alternatives to employees if they do not wish to use email communication
and set out penalties for any breach of the AUP, linking this to the employer's
disciplinary policy. The AUP can be supported by appropriate technical solutions,
but the employer must ensure that the level of monitoring is proportionate to the
risks involved.

To see the Paper, click below:

Legal Risks of Uncontrolled Email and Web Content


Posted On: December 17, 2007

News Alert: New Jersey Ends Capital Punishment and Commutes All Death Sentences

From the New Jersey Law Journal December 17, 2007.

N.J. Ends Capital Punishment, Commutes All Death Sentences

Michael Booth

12-17-2007

A quarter-century after it was reinstated and without it ever being used, New Jersey's death penalty is repealed"

Gov. Jon Corzine on Monday signed legislation that eliminates capital punishment as a sentence and replaces it with life in prison without parole.

At the same time, he commuted the death sentences of the eight men presently on death row at New Jersey State Prison in Trenton to life without parole.

"These commutations, along with today’s bill signing, brings to a close in New Jersey the protracted moral and practical debate on the death penalty," Corzine said at the signing ceremony.

New Jersey thus becomes the first state to legislatively repeal the death penalty since 1965 and also the first since the U.S. Supreme Court reauthorized capital punishment in 1976.

If you are a premium subscriber to the online New Jersey Law Journal, click here to see entire article

Death Penalty Information Center

Democracy Now: New Jersey Votes to Abolish Death Penalty

Commentary:

Sentencing Law and Policy blog

Posted On: December 17, 2007

Draft Report of the Library of Congress Working Group on the Future of Bibliographic Control and the AALL Official Response

View Letter from the Working Group – November 30, 2007 [PDF, 41 KB]
Read Draft Final Report of the Working Group [PDF, 315 KB]

The period for public comment on the report is open until December 15, 2007. Comments can be submitted via the Web site at http://www.loc.gov/bibliographic-future/contact/. Electronic submission of comments is encouraged. Please note that public comments are a vital part of the Working Group's deliberations and may be available for public access either online or in print.

As an alternative to electronic submission, comments can be mailed to:

Olivia M. A. Madison
Dean of the Library
302 Parks Library
Iowa State University
Ames, IA 50011-2140
515 294-1443 (tel.)
515 294-2112 (fax)

The group intends to submit the final report to the Library of Congress by January 9, 2008

OFFICIAL RESPONSE OF THE AMERICAN ASSOCIATION OF LAW LIBRARIES (AALL):

AALL's official response to the report of the LC Working Group on the Future of Bibliographic Control is now available here.


Posted On: December 17, 2007

Position Announcement: U.S. House of Representatives Manager, Library

The Legislative Resource Center of the Office of the Clerk, U.S. House
of Representatives is looking for a Manager of Library Services. The
individual will provide daily management, oversight and supervision of
library operations and personnel. Applicants should have at least five
(5) years of progressively responsible management and supervisory
experience; an MLS from an accredited American Library Association (ALA)
school is preferred. Contact: Mr. Eddie Curry, Office of the Clerk,
Legislative Resource Center, B-106 Cannon House Office Building,
Washington, D.C. 20515, Fax: (202) 226-5204, Eddie.Curry@mail.house.gov
or Deborah.Turner@mail.house.gov.

Posted On: December 17, 2007

Synthetic DNA on the Brink of Yielding New Life Forms

Synthetic DNA on the Brink of Yielding New Life Forms

By Rick Weiss
Washington Post Staff Writer
Monday, December 17, 2007; Page A01

"It has been 50 years since scientists first created DNA in a test tube, stitching ordinary chemical ingredients together to make life's most extraordinary molecule. Until recently, however, even the most sophisticated laboratories could make only small snippets of DNA -- an extra gene or two to be inserted into corn plants, for example, to help the plants ward off insects or tolerate drought."

"Now researchers are poised to cross a dramatic barrier: the creation of life forms driven by completely artificial DNA....."

Posted On: December 17, 2007

New Jersey Law Journal Top Stories December 17, 2007

Fearing Class Action, Carrier Removes Lawyer's Dental-Bill Suit to U.S. Court

"Given Eric Katz’s winning of a $45 million class action settlement last year from Horizon Blue Cross, including $6.5 million in legal fees, it’s not surprising the insurance company is making a mountain out of a molar".

Death Penalty Repealer Heads For Governor's Desk

"The New Jersey Assembly takes the final legislative step toward abolishing the death penalty and replacing it with life in prison without parole, and Gov. Jon Corzine is poised to sign the measure".

Senate Panel Advances Bill To Allow Expanded Wrongful Death Damages

"The Senate Judiciary Committee on Monday recommended passage of a bill that would allow recovery of non-economic damages in wrongful death cases and declined to place statutory caps on such awards."

Gov. Names Seven for Judgeships in Superior Court and One for Tax Court

"Gov. Jon Corzine has nominated seven lawyers — five Republicans and two Democrats — to the Superior Court bench in Camden, Gloucester, Ocean and Passaic counties and a veteran deputy attorney general to the Tax Court"

Insurer Gets New Trial in Unusual Suit Charging Its Lawyer With Malpractice

" An appeals court has given an insurance company a second chance to bring a $1 million malpractice claim against a personal injury defense lawyer it accuses of botching an underlying case."

Charges Against UMDNJ Dropped As U.S. Monitor Completes Task

"The federal monitorship of the University of Medicine and Dentistry of New Jersey, which began over Medicaid double billing and uncovered a culture of financial abuse and patronage, will cease by the year's end, says U.S. Attorney Christopher Christie."

Posted On: December 17, 2007

New York Law Journal: Decisions of Interest December 17, 2007

If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you.

http://www.nylj.com

Chock Full O’Nuts Corp., plaintiff v. NRP LLC I, defendant-appellant
Subscription RequiredAPPELLATE DIVISION
FIRST DEPARTMENT
Landlord/Tenant Law
Usable Area Per-Square-Foot-Values of Comparison Properties Inapplicable to Calculate Gross Area’s FMRV

NEW YORK COUNTY
Legal Profession
Court Orders Referee to Oversee Future Depositions For Opposing Counsel's Conduct, Lack of Civility

Laddcap Value Partners LP v. Lowenstein Sandler PC
Subscription RequiredKINGS COUNTY
Insurance Law
Defendants Lack Standing to Request 'Fresh Money' To Settlement; Right Belongs to Plaintiff

Romano v. Whitehall Properties LLC
Subscription RequiredKINGS COUNTY
Civil Practice
Civil Court Vacates Initial Default Judgment; Finds Subsequent Supreme Court Order Raises Questions

Alpha Health Care Plus Medical v. Progressive Ins. Co.
Subscription RequiredQUEENS COUNTY
Civil Practice
Court Denies Motion to Quash Subpoena; Orders In Camera Review of Cell Phone Records

Morano v. Slattery Skanska Inc.
Subscription RequiredNASSAU COUNTY
Civil Practice
Insurer Fails to Show Arbitration Commenced More Than Six Years After Bill is Due; Stay Denied

Matter of St. Paul Travelers Ins. v. Complete Care Medical PC
Subscription RequiredNASSAU COUNTY
Criminal Practice
Defendant Violates Terms, Conditions of ACD By Possession, Arrest on New Marijuana Charge

People v. Barry Maharaj
Subscription RequiredU.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Waiver Bars Review of Authority to Impose Non-USSG Sentence When 'Fast-Track' Departures Unavailable

United States v. Ariel Liriano-Blanco
Subscription RequiredU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty
Court Rejects Assertion That Practice in District Is to Not Cite Adverse Authority in Certain Cases

Great Eastern Shipping Co. Ltd. v. Phoenix Shipping Corp.
Subscription RequiredU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Malpractice Suit Against Process Server Dismissed; Negligence, Proximate Cause Not Demonstrated

Bell v. Gotham Process Service Inc.
Subscription RequiredU.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Alien Smuggler's Claim That Lawyer Said Sentence Was Days Not Months Rejected; §2255 Relief Denied

Tien Fa Chen v. United States
Subscription RequiredU.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Civil Practice
Privilege Issues Defeat Release of Bulk of State License Materials Sought by Nonprofit as to Logo

The Children First Foundation Inc. v. Martinez

Posted On: December 17, 2007

New York Law Journal: Lead Articles December 17, 2007

If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed

http://www.nylj.com

Judge Clarifies Trust on Yacht Racing Rules
Subscription RequiredNew York Law Journal

Teacher's Penalty Held Too Lenient To Protect Public
Subscription RequiredNew York Law Journal

Penalty Against Unlicensed Contractor in Nassau Upheld
Subscription RequiredNew York Law Journal

Corrections
Subscription RequiredNew York Law Journal

Newsbriefs
Subscription RequiredNew York Law Journal

Free With Registration: Veteran Prosecutor Sets Agenda For Eastern District Office
New York Law Journal

Posted On: December 17, 2007

A Librarian's Worst Nightmare: Yahoo! Answers, Where 120 Million Users Can Be Wrong*

The following is an excerpt from a December 7, 2007 article by Jacob Liebenluft posted on Slate

"When it does battle on the Web, Google rarely loses. Last year's closure of Google Answers, however, marked a rare setback for the search giant. An even bigger shock is that Yahoo! succeeded where Google failed. Yahoo! Answers—a site where anyone can post a question in plain English, including queries that can't be answered by a traditional search engine—now draws 120 million users worldwide, according to Yahoo!'s internal stats. The site has compiled 400 million answers, all searchable in its archives. According to the Web tracking company Hitwise, Yahoo! Answers is the second-most-visited education/reference site on the Internet after Wikipedia"

"The blockbuster success of Yahoo! Answers is all the more surprising once you spend a few days using the site. While Answers is a valuable window into how people look for information online, it looks like a complete disaster as a traditional reference tool. It encourages bad research habits, rewards people who post things that aren't true, and frequently labels factual errors as correct information. It's every middle-school teacher's worst nightmare about the Web."

To see the complete article click here

* A special thanks to Julia Strange, Operations Supervisor, Maryland AskUsNow for alerting us to this article. Here are her added comments:

"The closing line stuck with me, "'or millions of people on the web, it's less important to get a good answer than to get someone to listen to your question in the first place.' "

"It's been proven in the library world too that customers are, for the most part, more satisfied with a pleasant encounter with another human being (the librarian, in this case) even when the anwwer might not have been great, versus a great answer and a robotic, or bad interpersonal interaction".

Posted On: December 17, 2007

Q & A: Preemploymenrt Background Checks in Courts

QUESTION

" I was curious about what courts are doing regarding preemployment
background checks. Are courts systems obtaining fingerprints of new hires
and running the background checks? For all jobs? We currently do it for
judges and magistrates, but not routinely for court clerks or deputy clerk
positions. Thanks."

ANSWER 1:

"The U.S. federal courts has recently instituted a comprehensive policy and set of procedures for employment background checks. We do checks on all new hires, including fingerprints. Positions of higher responsibility/sensitivity get full background checks (interviews with prior employers, etc.). I'm attaching the outline of Sec. 7 of our HR Manual, as well as the applicable part of the U.S. Guide to Judiciary Policies & Procedures (subch. 1700.1, ch. 10, vol. 1). ..."

ANSWER 2:

"South Dakota runs a background check (from fingerprints) for only court
services officers (probation officers), computer staff, and any interns
in those two areas of employment. This is by presiding judge rule in
our state. We encourage all appointing authorities to make use of our
own state court record database when making hiring decisions on all
other employees."

Posted On: December 17, 2007

Information Organization Future for Libraries

Library Technology Reports 43:6 2007 By Brad Eden

Excerpts from ALA TechSource publication announcment:

"As library technologists and librarians are well aware, since the advent of the Internet, the relationship between the user and his/her library has changed".

"In a world of quick-and-easy search engines and of online social networks—in which information gets shared at an astonishingly rapid rate—information retrieval and aggregation are no longer the purview of the library institution alone."

............

"Eden, who early in his library career worked as a cataloger, is now the Associate University Librarian for Technical Services and Scholarly Communication at the University of California, Santa Barbara. "

"'Also in his 'Introduction,' Eden chronicles, through his own career, how the library institution and its role have changed and continue to change in the Information Age. In addition, he asserts, 'So, going beyond the arguments about whether the library catalog is important or of value (it is), and going beyond the arguments about whether structured metadata, in MARC or something else, is important and of value (it definitely is), the reality is that libraries have limited resources to compete and position ourselves in the new information universe. We have gone from a monopoly, which could impose whatever rules and software and search strategies that we wanted on our users, to a bit player in market overflowing with technological gadgets, tools, and algorithms that capture the attention of the public and leave libraries with but a slim slice of the information pie, all in the space of approximately 15 years.' ”

"Thus, Eden tackles the important topic of “Information Organization Future for Libraries” in this final issue of Library Technology Reports in volume 43"

I"n this issue, Eden focuses 'not only on current initiatives around ‘reinventing' the OPAC and all of its attendant possibilities (provided in the context of economic realities),' but, in the report, Eden also looks at 'opportunities to get away from the OPAC and focus resources on new areas, such as 3D information visualization, mass digitization, Library 2.0, and metadata related to digital resources.' "

FOR ADDITIONAL INFORMATION: See ALA Techsource at http://www.techsource.ala.org

Posted On: December 14, 2007

U.S. Legislative Update from GalleryWatch 12/14/2007

Basil Tilmon of GalleryWatch in Washington, D.C. prepares informative and sometimes enertaining updates of the comings and goings in the Washington legislative world. Here are exerpts from his update for the week ending December 14:

The omnibus appropriations bill is still in limbo as both the House and Senate on Thursday passed a third continuing resolution to keep the government funded until Dec. 21. The House took advantage of this free time and decided to take today off. Appropriators will work over the weekend on a new plan for an omnibus package, which could hit the House floor as soon as Monday.

Homeland Security

The Senate continued to add and subtract pieces of the Foreign Intelligence Surveillance Act puzzle in such a fashion that floor debate on the legislation could end up becoming one big jigsaw. For weeks, debate centered around two versions of legislation approved by the Intelligence and Judiciary committees (S. 2248) and the sticking point for some Democrats has become whether to grant retroactive legal immunity to telecom companies. Fourteen Democrats this week asked Senate Majority Leader Harry Reid (D-Nev.) to allow the Judiciary version (without telecom immunity) to serve as the base text of the bill. However, Reid seemed to have other plans, introducing two separate measures of his own (S. 2440 and S. 2441).
Lurking in the shadows all this time is a substitute measure (S. 2402) offered by Sen. Arlen Specter (R-Pa.) that would transplant, with few exceptions, the legal indemnity from telecom firms to the federal government. Yet, after delaying consideration for a week, the Judiciary Committee on Thursday easily rejected the measure by a vote of 5 to 13. CongressNow reported that the combination of rushing the bill and questions over its constitutionality led to its defeat. However, Specter said he would reintroduce the bill on the floor as an amendment.
Upon returning from the November recess, Reid initially planned for the Senate to consider FISA reauthorization this month. With so little time left before the Senate adjourns and other major issues still unresolved, debate is expected to continue into January.

Health

The State Children's Health Insurance Program reauthorization — now merely an effort to extend the program into next year due to two presidential vetoes — is now coupled with another time-sensitive item: stopping Medicare physician reimbursement cuts. On Wednesday, House Majority Leader Steny Hoyer (D-Md.) proposed a new approach for next week. The new Hoyer proposal appears to be a non-starter, however, as it pays for Medicare reimbursement cuts by cutting Medicare Advantage, a move the president opposes. It also extends SCHIP but includes provisions about coverage of children whose families make more than 250 percent of the poverty line, a change that the White House also opposes. Frustration in the House over Medicare reimbursement negotiations has many looking to the Senate. The Senate is looking at a pared down version that accommodates the White House.

The farm bill (H.R. 2419) debate and amendments continued all week. The Senate voted 78-12 to invoke cloture on the bill late Thursday setting up a final vote as early as today. Here is a status of health-related amendments:

Sen. Tom Harkin (D-Iowa) - 3639, nutrition standards for food in schools.
Sen. Mitch McConnell (R-Ky.) - 3821, school food nutrition.
Sen. Judd Gregg (R-N.H.) - 3673, Healthy Mothers and Healthy Babies Rural Access to Care Act. (Failed.)
Sen. Dick Durbin (D-Ill.) - 3539, meat inspection. (Passed by unanimous consent.)
Sen. Edward Kennedy (D-Mass.) - 3845, providing further instructions for the bipartisan food safety commission in the bill. (Passed, included as an amendment to 3539.)

Foreign Policy and Trade

U.S. trade officials take a victory lap on China, but will Congress be satisfied?

All week the best and the brightest of the Bush administration's trade officials haggled with their Chinese counterparts at the third meeting of the Strategic Economic Dialogue. Treasury Secretary Henry Paulson laid out in his opening remarks that the goals were for the U.S. and China "to increase our understanding, expand our cooperation and broaden our partnership." From the results achieved, Paulson's phraseology could be easily translated into "improving trade relations." Discussions quickly produced agreements. According to joint fact sheet released by the Treasury Department, the parties reached memorandums of understanding in eight areas related to the safety of Chinese exports:

Food and feed: Memorandum of agreement between the U.S. Department of Health and Human Services (HHS) and China's General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), signed on Dec. 11, 2007.

Drugs and medical products: Agreement between the U.S. Department of Health and Human Services (HHS) and China's State Food and Drug Administration (SFDA), signed on Dec. 11, 2007.

Environmentally compliant exports/imports: Memorandum of understanding signed between the U.S. Environmental Protection Agency (EPA) and China's AQSIQ.

Food safety: The U.S. Department of Agriculture and China's AQSIQ agree to upgrade their food safety memorandum of cooperation to a ministerial-level.

Alcohol and tobacco products: Memorandum of understanding between the U.S. Department of the Treasury and China's AQSIQ, signed on Dec. 11, 2007.

Additional areas of agreement include toys, fireworks, lighters and electrical products; motor vehicle safety; and pesticides tolerance and trade.

In addition, agreements were also brokered on banking reform, energy, environment and bilateral investment. Paulson said he was pleased with the outcome, declaring the talks "substantive, robust and engaging exchanges on a range of issues important to both our nations."

Energy and Environment

The energy bill (H.R. 6) with a new substitute amendment with revised tax provisions for oil and gas companies failed to achieve cloture in the Senate on Thursday morning. This was not a complete surprise as the White House issued a veto threat on the new amendment moments before the vote. The bill came back to the Senate floor later in the day on Thursday without the tax provisions and passed by a vote of 86-8. Renewable electricity standards were taken out of the bill earlier this week, while renewable fuel standards were included. The House will deal with the bill in expedited fashion on Monday evening.

Also on the Senate floor, the farm bill (H.R. 2419) debate and amendments continued all week. The Senate voted 78-12 to invoke cloture on the bill late Thursday setting up a final vote as early as today. Here is a status of amendments related to energy and environment issues:

Sen. Pete Domenici (R-N.M.) - 3614, Biofuels for Energy Security and Transportation Act. (CongressNow article.)
Sen. Ken Salazar (D-Colo.) - 3616, cellulosic biofuels.
Sen. Ted Stevens (R-Alaska) - 3569, commercial fishing.
Sen. Judd Gregg (R-N.H.) - 3822, LIHEAP.
Sen. Ron Wyden (D-Ore.) - 3736, bioenergy crop transition.
Sen. Bernie Sanders (I-Vt.) - 3826, LIHEAP. (amending 3822)

Defense

One Senator tried to find a way to give DOD a little more breathing room at the expense of his peers. Sen. Jim DeMint (R-S.C.) suggested Defense Secretary Robert Gates make use of his transfer authority to use spending slated for earmarks in the fiscal 2008 Defense Appropriations Act (P.L. 110-116) for the war in Iraq. Joining with Sens. Tom Coburn (R-Okla.) and John McCain (R-Ariz.), DeMint first broached the idea to Gates in a letter after the bill became law. This week, DeMint released a CRS memo concluding total spending on earmarks ($5 billion) could cover Army operations for an additional three weeks.

Most lawmakers are unlikely to play along if the Pentagon touches their earmarks. Members this week have already raised several concerns over DOD. Senators were troubledstatus of the Air Force privatization projects. Reports of the Pentagon scaling back its purchase of MRAPs for the Marine Corps could spur more inquiries. over rumors of halting procurement of the F-22A Raptor.

Posted On: December 14, 2007

Senator George Mitchell's Report on Performance Enhancement Drugs in Major League Baseball

Former senator George Mitchell released his Report on Performance Enhancing Drugs in Major League Baseball on Thursday December 13, 2007. Here is an excerpt from a news release on the Major League Baseball (MLB) website:

" -- Former Sen. George Mitchell said on Thursday that performance-enhancing drug use has been pervasive in the sport for more than a decade as he released his findings in the shape of a 311-page report, which was fashioned during the past 20 months of investigations."

" 'Everyone involved in baseball shares responsibility,"'Mitchell said during a news conference at the Grand Hyatt Hotel. 'Commissioners, club officials, the Players Association and players. I can't be any clearer than that.' "

To see the entire Report click here. and select either html or pdf to view the actual Report

Posted On: December 13, 2007

December Newsletter for the Wisconsin State Law Library Now Available

Wsll @ Your Service, an E-publication of the Wisconsin State Law Library is now available. It contains an interesting variety of news under heading such as: What's New, This Just in, Tech Tip in Brief, Learn @ the Law Library, and Odds & Endings. Those who are concerned about the conversion to Digital TV on February 17, 2007 will find the information and links in the Tech Tip in Brief section especially valuable.

To see the entire issue click here.

Posted On: December 13, 2007

December 2007 Issue of Technical Services Law Librarian is Available

For librarians and others who are interested, the December 2007 issue (Volume 33 Number 2) issue of the AALL Technical Services Law Librarian has been published. To see the issue online, click here.

Posted On: December 13, 2007

Audio Conference: Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0

Pike & Fischer Audio Conference

Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0
An interactive audio event

Tuesday, January 15th, 2008
2:00-3:30 p.m. ET

This audio conference, co-sponsored by Pike & Fischer and the ABA's Section of Science & Technology Law, is a first-of-its-kind opportunity for attorneys and business leaders to gain practical guidance from industry professionals on how best to harness the power of Web 2.0 while mitigating legal risks.


Businesses seeking to maximize profits through blogging, customer-generated content, social networking, web marketing, and other next-gen apps will learn how to avoid the pitfalls and potholes embedded in the Web 2.0 environment.

What Will Be Covered:

Using blogging to your advantage
Capitalizing on the social networking craze without violating IP, privacy, and other rights
Responding to online competitors and detractors
Marketing online effectively...and legally
Using Web 2.0 to locate and vet the best talent
Handling online activity of employees who use corporate resources
Implementing best practices that attract outside financing
Register now to secure actionable insight and take-away recommendations concerning best practices in the Web 2.0 environment, so that your business (and those of your clients) can properly and productively capitalize upon the capabilities of Web 2.0.

Who Should Attend:

Attorneys from the following practice areas:
Business Law
Internet Law
Mergers & Acquisitions
Intellectual Property
Privacy & Security
Free Speech & Defamation
Employment Law
In-house counsel
Executives from:
E-commerce companies
Emerging growth companies
Sales & marketing
Human resources
Venture capital firms
Online media companies
Equipment & software providers
Content providers
Content distributors
Risk management firms
Consulting firms

Stephen N. Hollman, Esq. - Business & Technology Law Group, San Jose, CA and Co-Chair of the American Bar Association Section of Science & Technology Law's Committee on Blogs and User Generated Content on the Internet

PANELISTS -

Eric Goldman, Esq. - Assistant Professor of Law and Director of the High Tech Law Institute at Santa Clara University School of Law, Santa Clara, CA

Fred von Lohmann, Esq. - Senior Staff Attorney with the Electronic Frontier Foundation, San Francisco, CA

Duncan Davidson - Venture Partner in Information Technology with Vantage Point Venture Partners, San Bruno, CA

Annemarie Bray - Vice President, Human Resources, Viacom Inc., New York, NY

Betty Panarella - Senior Vice President, Human Resources, Viacom Inc., New York, NY

CLE Accreditation: Pike & Fischer will apply for CLE accreditation in all states for which we receive a request. You will be provided with an opportunity to apply for same as part of the post-event evaluation process. Your request should include name, state, bar association number, and email address of each listener. CLE credits are applicable to live event registrations only. Clients purchasing audio recordings of our audio conference events are not eligible for CLE credit. The accreditation process typically takes 2-3 months.

WHAT IS A PIKE & FISCHER AUDIO CONFERENCE?

A Pike & Fischer audio conference is a live, interactive 90-minute conference presented over the telephone. You can attend from any location that has phone access. You pay just one registration fee for as many participants as you wish at each call-in location.

FOR MORE INFORMATION SEE THE WEB VERSION OF THIS ANNOUNCEMENT.


Posted On: December 13, 2007

New Jersey Nears Repeal of Death Penalty

The New Jersey Senate voted Monday December 10 to make the state the first in the country to repeal the death penalty since 1976, when the United States Supreme Court set guidelines for the nation’s current system of capital punishment.

Legislators on both sides of the debate said they expected the measure to pass easily on Thursday in the General Assembly, where Democrats hold 50 of the 80 seats.

Gov. Jon S. Corzine, a staunch opponent of the death penalty, has said he would sign a measure ending executions

For additional information you can click on the following links to documents related to the death penalty issue in New Jersey:

New Jersey Death Penalty Commission Report

New Jersey Legislative Fiscal Estimate - Death Penalty

Proposed Death Penalty Legislation for New Jersey


Posted On: December 13, 2007

White Paper: Impact of Cybercrime on Your Organization

This white paper explores the emerging crimeware industry, examining web based techniques and methods being used to perpetuate cybercrime, with a focus on the business impact of these attacks. The paper also explores the benefits of real time content inspection technology as a possible solution to help secure enterprises frm the growing crimeware threat..

See the complete whitepaper by clicking on the link below:

Impact of Cybercrime


Posted On: December 13, 2007

RFID Chips in Your Magazines

"Who's reading magazines and how do they flip through the pages? One research company is using RFID technology to find out." Question: What are the implications of this development, both positive and negative? Comments welcome.

To read the complete article in the December 12, 2007 CIO Insider, click here.

Posted On: December 12, 2007

Cataloging Westlaw Records: A Question of Access

STEVEN ESSIG

Recently, Cassidy Cataloguing Services announced a partnership with Thomson-West that would make available to law school libraries MARC 21 cataloging records for Westlaw items. In the words of Cassidy's Donna Rosinski-Kauz "The Cassidy-Westlaw MARC21 records collections will be an expansion of the very popular “WLX E-Treatise Collection," which was originally created and distributed by Cassidy Cataloguing. The new Cassidy-Westlaw MARC 21 records collections will be released in phases. All legal content of Westlaw will be covered by these new collections when they are completed."

Already available from Cassidy are cataloging records for E-treatises, most Canadian titles, and directories published by Westlaw. The second phase, ”Law Journals and Law Reviews”, is due out by January 2008. There is a "monthly update service" that informs user libraries of any dditions, deletions and other changes, while Name and Subject Authority Control is run on all records. "Authority files are available for purchase separate from the collections."

This announcement has stimulated a lively discussion among several academic law librarians contributing to a Special Libraries Association (SLA) Listserv. These librarians largely elcomed the possibility of making these records viewable and accessible to their patron base, but everal also expressed specific concerns relevant to the specific nature of their individual libraries' atalog as well as the broader user base that is allowed to access them. Among the expressed concerns are these: should the catalog be a "vender-neutral resource"? Some worry that an PAC overly controlled by a vendor group could contain too many restrictions.

But a more significant concern that came up throughout the discussion was the issue of ampus- wide access on campuses where the Law School's library catalog is shared with the larger niversity community as a whole. The fear was that putting these records in such a catalog can give a misleading impression to those outside of the specific law school community of the vailability of items for which they in fact have no actual access. Similarly, this issue comes up
when the law library's records are shared with a larger consortium that may include primarily public or other sorts of academic libraries. Joni Cassidy, of Cassidy Cataloguing, mentions, for
instance, that two law schools in Illinois are part of a larger Union Catalog of seventy-five ibraries. One of these libraries has Lexis and Westlaw records that are now visible to the ther74 members of the consortium. Ms. Cassidy says that they are trying to work out effective policies for these and similar situations.

Similarly, UCLA has contracted to receive Lexis and Westlaw but hasn't taken possession of them because to move them to their new union catalog requires that all UC holdings be a part of OCLC. At this time, Cassidy has asked subscribers not to upload the Westlaw or Lexis MARC records to OCLC. However, this does not mean that the company has no working elationship to OCLC. Joni Cassidy points out that they have, for example, recently contracted with William S. Hein to create catalog records for the HeinOnline “World Trials Library.” This is an effort whereby Hein is currently digitizing the paper copy of trials of note, as well as books about trials going back to the 1700s. These items will be available by subscription. Cassidy ataloguing’s role in this endeavor is to create MARC catalog records for each new title; there will be a lag-time before these records go to OCLC. Cassidy also uploads any new P-CIP Cataloging-in-publication) records they create for publishers each month.

Examples of cataloging records created by Cassidy for Westlaw legal treatises can already be seen on the following academic law library websites: Yale University, Pence Law School at merican University, Boston University, Georgetown University, the University of Connecticut Law Library, the Biddle Law School at the University of Pennsylvania and the Law School of Louisiana State University.

To this observer, it seems fairly clear that the debate will be an ongoing one. There are no ertainties regarding what would most effectively convey the existence of these items to patrons previously unaware of them, while not at the same time simply "tantalizing" patrons of member libraries that lack access to them. Some of the law librarians on the SLA Listserv mentioned putting up phrases like "only available to members of the (school in question) law school community" or something like "requires Westlaw subscription" but, in that case, it would be interesting to observe what kind of response that might inspire from an interested patron of a non-subscribing library. Will it lead to complaints about their unavailability? Will it encourage
other consortium members to subscribe? Will more people "outside of the law school mmunity" now seek to gain access to the law library in question? All librarians -whether catalogers or not - who are members of consortiums that include law school libraries have an interest in seeing how these issues work themselves out, as well as their longterm impact on the cataloging of
online legal materials.

* Special thanks to Joni Cassidy of Cassidy Cataloguing Services whose
information and commentary immeasurably improved the final draft.


Posted On: December 12, 2007

Blogging and Virtual Reference at the New York Supreme Court Criminal Law Library

BY: David G. Badertscher

The New York Supreme Court Criminal Term Library of New York County (sometimes referred to as the New York Criminal Law Library) is located in lower Manhattan near the Brooklyn Bridge, City Hall, and State andFederal courthouses. It is one of several Supreme Court libraries located throughout the State of New York, which operate under the
auspices of the New York Unified Court System.

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

In order to discharge these responsibilities with limited staff, it has been necessary for the library to work cooperatively with library consortia and other groups to provide the added resources and services required to maintain an acceptable level of service. One of the organizations that has been especially helpful to us is the Metropolitan New York Library Council (METRO). The library has been a member ofMETRO since 1981. It was through METRO that we first learned ofQuestionPoint and were invited to participate in a 2002 pilot project. With some initial apprehension we accepted the offer and became an active participant in the latter part of that year.

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

Over the past few years many libraries, including this one, have been involved in lively discussions as to how best to respond to demands for digitized information which can be retrieved at any time from a variety of devices, both stationary and mobile. After some experimentation, our response has included the use of blogging technology coupled with rss feeds. In 2004 we introduced the New York Supreme Court Criminal Term Library blog powered by Bloglines, http://www.bloglines.com/blog/pll . It has remained popular with both court personnel and public users to this day. It is mentioned here because it incorporates the ability of users to submit questions via QuestionPoint through a link to the library website.

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

With the new blog we are also able to embed documents, some not otherwise readily available on the web, in such a way that one can readily access these materials on the blog by simply clicking on the link provided. In order to adequately describe the added features included in the Criminal Law Library Blog, we are calling it an "added value blog."

By adding these services to our overall information services program, which are are able to provide judges and other library patrons with needed information on a more timely and selective basis than would otherwise be possible. The overall response has been quite positive and has helped to create the perception that the library is making a concerted effort to address the information challenges of the 21st century.


Posted On: December 5, 2007

2008 Baseline Crystal Ball for Technology

A look at what the technology in 2008 as predicted by members of the editorial staff of Baseline:

2008 Baseline Crystal Ball
November 30, 2007

By Lawrence Walsh, Laton McCartney, Deborah Gage, Doug Bartholomew and Mel Duvall
Lawrence M. Walsh, Editor

Line of business managers and operations officers will wrestle more control of the IT purchase decision-making process away from IT, as they look for applications and technologies that increase the value of their business and open new revenue and profit opportunities. Reducing cost won't be enough to justify investments in new technology. Businesses will also look to extend the life of their existing infrastructure.

David F. Carr, Technology Editor

Virtualization adoption will continue to accelerate, but still only penetrate a fraction of the potential market. Some Microsoft-heavy enterprises will delay virtualization investments in anticipation of the new and improved Microsoft Virtual Server expected in late 2008. Variations on the virtualization theme will also begin to become more important on the enterprise desktop, particularly if vendors can make good on the promise to simplify desktop application management.

Deborah Gage, Senior Writer

In the wake of massive data compromises, such as the 94 million credit card records exposed by the TJX hack and the 26 million veterans' records exposed by the Department of Veterans Affairs policy violation, consumers and advocate groups will push for greater federal regulation that compels companies to better protect personal identifying data. Watch for national versions of California's SB 1386 data breach disclosure law and a federal version of PCI security mandates.

Doug Bartholomew, Senior Writer

Salesforce.com and NetSuite hacked out the trail for the software-by-the-rink concept. But now the big boys are on board-particularly SAP, with its September 2007 launch of SAP Business ByDesign. Aimed at companies with 500 employees or fewer, SAP's SaaS offering provides the flexibility to modify functionality as business grows and demands changes. With another year of less than 5 percent growth predicted for IT budgets, the SaaS model will expand rapidly in 2008.

Mel Duvall, Contributing Editor

The car insurance industry will take business intelligence to a new level by expanding "pay as you go" policies. Norwich Union has polices based on where, when and how policyholders drive. Safeco is combining the power of GPS technology with automated alert services to track where and how teenagers are driving, both for policy coverage purposes and parental control. The concept is akin to the targeted behavioral marketing being developed by Google, Yahoo and others. Watch for more services to follow in these models.


Laton McCartney, Contributing Editor

As regulations concerning carbon emissions and power grids increase, a rising number of corporations will have to transition to green data centers. Interactive marketing will grow at a compound rate of greater than 25 percent. And subprime lending problems will lead to major consolidation in the banking industry.

Posted On: December 5, 2007

Technology Triumphs and Travails of 2007

"A Look at the best and worst of the years Technology implementations and innovations" as reported by Douglas Bartholomew et. al. in the November 30, 2007 issue of Baseline:

Triumphs and Travails of 2007
November 30, 2007

By Doug Bartholomew, David F. Carr, Ericka Chickowski, Mel Duvall, Deborah Gage, Laton McCartney and Lawrence Walsh

It's been a busy year in and out of the data center. Over these past 12 months, Baseline has explored the triumphs and travails of the technology world, the companies that use technology to their advantage, the challenges faced by enterprises and their IT practitioners, and, of course, the downfalls of those who missed the digital mark.

To mark the completion of another trip around the sun, Baseline recounts the best and worst of 2007 through the eyes of our intrepid staff.

The Upside ...

Through November, crude oil prices flirted with the dreaded $100-per-barrel milestone, fueled by ever increasing global demand. The skyrocketing cost of electricity to power and cool energy-hungry servers got many enterprises rethinking their data center and computing strategies.

As Baseline reports this month (see CIO Power Report, p.54), agro-chemical giant Monsanto put power conservation front and center when it decided to build a new 20,000-square-foot data center at its St. Louis headquarters. The use of virtualization technology and innovative building design cut power consumption by 20 percent and reduced the company's need to add more hardware to meet its insatiable computing demands.

Energy conservation and cost reduction was a huge driver behind the VMWare IPO, which raised more than $1 billion on the company's Wall Street debut. Traders' demand for this new stock shows the confidence investors have in the technology-a reflection of enterprises' growing demand.

Technology vendors lead the way toward improving the environmental impact of data centers and computing devices. This year saw the establishment of the Green Grid, a consortium of vendors including AMD, APC, Dell, Hewlett-Packard, IBM, Intel, Microsoft, Sun Microsystems and VMware, collaborating to make data centers more efficient. IBM's Think Green initiative and the Schneider Electric Technology Center are also searching for ways to minimize IT environmental impact. IT managers are realizing the benefits of going green, in terms of both cost savings and corporate responsibility, and this year saw action on their part to buy more energy-efficient equipment.

Pacific Gas and Electric expanded its effort to encourage energy conservation by offering rebates and cost-saving incentives to companies that deployed energy-saving virtualization software or upgraded to power-efficient servers.

But power isn't just about oil and electricity. Google continued to flex its market and technology muscle, and is now one of the five most valuable U.S. companies with a market cap greater than $217 billion. For those keeping score, that's more than IBM or Hewlett-Packard, and just $100 billion shy of Microsoft. Not bad for a 10-year-old company.

Google threatened old-guard technology companies in 2007 with a series of moves that may make it the most powerful IT company ever. Last spring, it unveiled Google Gears, a project designed to make its free Web-based applications work offline (hello, Microsoft Office). It made significant security acquisitions-Green Border (Web browser security) and Postini (e-mail security services)-wake up Symantec and McAfee. And this fall it announced efforts to expand apps and targeted marketing to cell phones and mobile devices (knock-knock, telecom). If that wasn't bad enough, Google is also the lead contender for the old UHF spectrum, which could give it the ability to launch a nationwide Wi-Fi phone network.

Google continues to surprise and outpace the technology stalwarts, but its rivals aren't taking the threat lightly. Microsoft did beat Google for a share of Facebook, which is rapidly becoming the social network of choice. And Yahoo, as Baseline reported in November, is rapidly developing new technologies, tools and marketing models to compete against the search giant.

Despite Google's dominance, hats off to the plethora of innovative search engines that are winning in their niches. GlobalSpec, a search site devoted to engineers, has carved out a loyal following of 3.6 million registered users. Lesson: Focus on what you're good at, serve your market well and you will succeed.

Google painting a target on the wireless world may threaten the traditional telecos, but everyone is playing catch-up with Apple and its iPhone. The debut of the iPod on steroids that can phone home as well as play the latest Fallout Boy single proved once again that Apple's strategy for focusing on the user experience and ease of use wins the day. Even better for Steve Jobs & Co. is the iPhone's sale drag; Apple's share of the PC and notebook market continues to climb.

Even as HP jockeyed ahead of Dell for the lead in notebook and PC sales, IBM debunked the myths that mainframes are dead. Big Blue released two new mainframes this year, which provided a healthy 10 percent boost to its topline revenue. IBM has been teaming with businesses to help them not only use mainframes for conventional purposes, but to innovate with them. One shining example of this is Hoplon Infotainment, a Brazilian video gaming company that uses mainframes instead of servers to run its online gaming applications. Just like mainframes, social networking and virtual worlds also seem to be here to stay. As Baseline reported in March, Second Life has made an indelible mark on the concept of 3D virtual worlds as a means for commerce and business as much as for connecting enthusiasts for everything from Star Trek and badminton to astrophysics and mythology.

Some may dismiss Second Life and similar "worlds" as passing flights of fancy for graduates of Worlds of Warcraft, but the concept of the 3D Internet is making steady progress. Progressive Insurance has trained more than 4,000 claims adjusters in a virtual environment provided by Proton Media. Second Life, leader of the virtual universe, has attracted major companies such as American Apparel, AMD, Cisco Systems, Dell, Sun Microsystems and Toyota. Where is all this going? If IBM, Sun and Cisco have their way, the walls between Second Life and its peers will come down and create a vast 3D version of the Internet in the next five to seven years.

Virtual worlds are just one of many examples of social network platforms, of which the more mainstream models showed no signs of slowing down this year. Facebook and MySpace announced plans to expand their advertising engines, sparking the next wave of targeted Web advertising. Even public CRM apps LinkedIn and Plaxo showed signs of expanding beyond their origins as Web-based Rolodexes. Is social networking truly ready for business? If it isn't, it will be soon. Some say content is dead and the world is all about connectivity. If that's the case, social networking may soon evolve from a connection tool to the actual platform for conducting business.

Even the best laid plans run afoul, especially in the world of technology and businesses that rely on IT to conduct business. This was a banner year for examples of how things can go terribly wrong when technology fails, implementation projects turn bad or IT management takes its eye off the prize.

Each year brings a new record for the size of a security breach that exposes personal data to would-be thieves and miscreants. In 2005, it was the loss of a Bank of America backup tape that contained the payroll information of 2 million federal workers. In 2006, it was the Veterans Affairs stolen laptop containing 26.5 million records of every active and inactive soldier, sailor and pilot since 1975. And this year TJX, parent company of retailers TJ Maxx and Marshalls, outdid them all with a breach initially pegged at 45.6 million credit card records and later revised up to the vicinity of 94 million. Credit card processors and banks are slugging it out with TJX in court over damages, but so far no state or federal lawmaker has stepped up to propose new controls to slow the escalating pace of identity theft and corporate breaches.

Perhaps one of the reasons the feds haven't enacted new laws to control identity theft is that they're having a hard enough time controlling passports. When the U.S. required passports for entering and exiting Mexico and Canada, it forced 17.5 million Americans to acquire a passport. Unfortunately, the new processing center could only handle 150,000 applications a month, causing a six to 12 week backlog. The feds are still digging out of the hole.

Passports and credit card breaches are big problems, but an even bigger IT problem may be looming for state and federal officials as the presidential election season draws near. Reports are beginning to surface about worms and phishing scams masquerading as presidential messages and appeals for support.

If that wasn't bad enough, the perennial problem of electronic voting machine security is resurfacing. California's Secretary of State reported in July that three of the state's e-voting systems, including those in four heavily populated southern counties, can be easily hacked, potentially compromising millions of votes. A team of experts penetrated both the physical and software security of every e-voting system they tested, including machines built by Diebold, Hart InterCivic and Sequoia.

Speaking of California, you'd have thought Kiefer Sutherland's Jack Bauer in Fox's hit show 24 had shut down Los Angeles International Airport for security's sake, but it was just a wireless card that decided to go haywire, stranding tens of thousands of international passengers at one of the world's busiest airline terminals in August. The ensuing meltdown of a U.S. Customs and Border Protection system caused 17,000 arriving passengers to be stuck on planes for hours and stranded another 16,000 departing passengers at their gates.

Few will forget the Valentine's Day snafu that besieged JetBlue. Foul weather wreaked havoc first with the airline's flight schedule, which overloaded its computer network and exacerbated the traffic flow problems. Without accurate information for adjusting flights and routing plans, JetBlue was quickly paralyzed and thousands of passengers were stranded. Some passengers sat in their planes on the tarmac for as long as 11 hours. The incident fueled calls for a passenger bill of rights and caused airlines to adjust their flight delay policies to guard against similar PR nightmares.

Ironically, the failure of software intended to improve aircraft design and manufacturing was behind the $6 billion setback suffered by Airbus and the delayed launch of the massive double-decker Airbus 380. Design and engineering teams were using different versions of Dassault Systemes' product lifecycle management software, which caused discrepancies in measurements for critical aircraft components. Initially, the design problems were good news for rival Boeing, which was racing forward with the production of its new Dreamliner 787. However, Boeing suffered a similar setback; supply chain and software integration issues forced the American aircraft company to delay delivery of the first 787 until late 2008 and put the rest of its aggressive production schedule in jeopardy.

Some things are more important than flight schedules and making money, such as preserving human life. Kaiser Permanente, the nation's largest health maintenance organization, shut down its new kidney transplant center in San Francisco in 2006 after a whistleblower tipped state and federal regulators about the center's problem: Twice as many patients had died waiting for kidneys as had received transplants. Last July, California fined Kaiser $3 million for failing to address patients' complaints about the transplant program. Kaiser had incomplete, paper records on many patients and had trouble transferring data to the United Network for Organ Sharing (UNOS), which maintains a national database of patients and available organs. Information on some patients was temporarily lost.

Finally, the disappointment of the year goes to the Recording Industry Association of America, which finally won a lawsuit against an individual for illegally downloading copyrighted music. The group won a $220,000 judgment against Jammie Thomas, a single mother and low-income Native American.

Many technologists are lamenting the proceedings, claiming Thomas' lawyer didn't understand the technology enough to mount a legitimate defense. The RIAA, though, is taking most of the PR heat, given the disproportionate size of the award.

Baseline staff and contributors Lawrence M. Walsh, David F. Carr, Deborah Gage, Doug Bartholomew, Mel Duvall, Laton McCartney and Ericka Chickowski produced this report.


Posted On: December 5, 2007

Cataloguing Question: Classification of Collection in K and KF Range Instead of A - JZ and L - Z

All questions and answers will remain anonymous.

QUESTION

"I have had a request from our Reference Department, to classify as much of our collection as possible, in the K and KF range, instead of A-JZ and L-Z. This would make our collection more browser friendly.

I'd like to know how many, if any of you, do something similar, and why or why not?

Thank you for your time and opinions."

ANSWERS:

"While it is easy to see that our library is almost exclusively K and KF, that is more because of collection development than it is from recataloging. We have 10 staffed libraries and one of them wanted nothing outside of K-KFZ in the main Stacks area -- it all had to be in the Reference section if it was outside that range. For the rest of the libraries it was solved by putting A-JZ before the K section and L-Z after the KFZ. This way it still browses correctly and I can more easily enforce that all 10 libraries use the same call number for the same title. I've had a few requests over the years to recatalog some items into KF, but I've resisted unless there was some possible sense to do it."

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

"We did this at a library I once worked in. We called it "forcing the K." I remember classifying a medical dictionary in KF 156--disturbing! I suppose it worked okay. Because you have to sometimes really "twist" the numbers to make them work, it's a good idea to document every informal policy you develop."

"As an example--if you "force the K" on works about drug abuse, you'll need to decide whether they fit in best with the KF 3885's or the KF 9452's. If you make up some criteria for where to fit them--document it. That way you'll likely be more consistent otherwise you're not helping the patrons at all, really."
-----------------
" I have worked in libraries that did force almost everything into K - KF.
They always made an exception for the reference collection, which would include directories, dictionaries etc. Often they put materials in reference just so it would have the LC number.

In another case where there was a healthcare practice, they also properly classed medical materials.
Currently I keep everything as close to LC as possible. There are standards for a reason and it takes far more man hours to maintain a customized class system.

As mentioned before the biggest problem is documenting the revised classification.
I once worked for a firm where other office libraries used a home grown class system and it was extremely time consuming to work on their collection.

A law firm library is quite different than a university library, but the principle remains the same. A cataloger trained in LC only has to learn local cuttering practices.

We also have libraries in other countries that benefit from the LC standard."

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

"... [Our] Library is not a large, research collection. Rather it is a practice-oriented collection, and as such, probably operates much more like a law firm library. The preponderance of our users are self-represented litigants, so they do not have that much familiarity with law, legal topics or law libraries in general.

We use the non-KF LC classification numbers sparingly for reasons elaborated below by Jason Eiseman. Unless we have a collection of non-KF titles that is significantly large enough to merit it, most items are forced into KF for the ease, convenience and browsability of our patrons, most of whom do not use the OPAC.

I think the decision about doing this depends mostly on: 1) the size of your collection, 2) the composition of the collection, and 3) the needs of the user population"

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

"I recommend for academic law libraries to "force" with caution. Another word for forcing, is "deviating" from LC practice. This means, if you have copy catalogers on your staff, they must constantly be on watch for any editions... that they must not accept the DLC/DLC 050 call number if it's NOT in the K schedule. That process will slow down your processing time some. I would go slow with a decision to wholesale force all materials into K. You'll be challenged where to put certain topics for which the K schedule is inadequate to handle. Then you're spending time fussing over how to force things. You may not gain as much advantage on the public service end that they and you may have hoped for....

I force K internally to keep certain sets together, such as the restatements. We do not classify a lot of our collection because they are already pretty organized by themselves (periodicals, state codes, state reports, Nat'l reporter system, Shepards, ALR, CJS, etc.). Everyone knows where they are if they've been in the library for 30 minutes and checked out the collection.

Your job as a tech services librarian is to educate the public services staff and administration to the pros and cons of deviating from LC practice. My experience tells me that the more you deviate, the more potential for future problems you'll have, in whatever form they rear their ugly heads. Example, you force all your ethics materials into KF... later you merge the collections with the main library who was able to secure special funding for a new library wing dedicated to the Center for Applied Ethics. Now, someone has to determine which titles get reclassed, and then those get reclassed, and relabelled. Perhaps your library joins a state-wide consortium and all the databases are combined into a unifed ILS and you have all these K materials that don't match up with the same titles held by the other libraries.

That kind of thing.

Documenting your deviations may get tricky depending on how you do it. Once begun, you can't get careless with it, or you'll have split materials that will need reclassing eventually. More work that you don't want.... "

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

" I think that "forced classing" is ill-advised for all the reasons
mentioned thus far: staff time, documentation, potential necessity of
undoing everything.

There is another reason that it think that such a policy appears to
be helpful, but really doesn't accomplish what its proponents claim when
one thinks about it. Books are physical objects; they can only go one
place (at least in the 3-dimensional world as we know it today ... but,
that's a thread for another conversation). But really, if you wanted
to take this policy to the extreme, why stop with just forcing into
law? Why don't we force everything into 1 class? After all, right now
we have titles scattered all over the K schedules and it doesn't seem to
bother the user. Let's take taxation, for example. Some would like to
force all of HJ into K somewhere. Well, how is it that we don't find
it an issue if our patron has a company in Missouri with a plant in
Florida, and does business in Canada and Germany?

Taxation, hmmmmmmmmm

Periodicals: K1-K30
Missouri: KFM
State to state comparisons: KF
Federal: KF (a different place)
US & Canada: KDZ
US & Germany: K

In this example, we have everything in "Law", and we've just sent
the patron to 6 different places! So all of a sudden we're shocked and
appalled about the inconvenience of HJ? Since all these books on
taxation deal with the US, why not just put them all in KF and called it
a day? It does give a person a pause to wonder why the other 6 places
never seemed to be an issue, doesn't it?

What your reference folks really want is _*collocation*_ ... and
that's why God created the ability to have multiple subject headings and
a browseable catalog."


Posted On: December 5, 2007

ABA Publication: Global Climate Change and the U.S. Law

Global Climate Change and U.S. Law
Michael B. Gerrard, editor

"This is a spectacular book. Offering both impressive breadth and depth in its description and analysis, Global Climate Change and U.S. Law provides the legal community with an extraordinarily useful tool for understanding the wide ranging ways that current and quickly emerging laws address what promises to be the nation's greatest environmental challenge. Wholly accessible to those not themselves expert in environmental law, any lawyer or policymaker seriously interested in the global climate change should have a copy."

Richard Lazarus
Professor of Law, Georgetown University Law Center

As seen in recent Supreme Court decisions, the law is playing a major role in the issue of climate change. Global Climate Change and U.S. Law, published by the ABA Section of Environment, Energy, and Resources, is a comprehensive and current resource on the state of U.S. law as it relates to global climate change from current U.S. policy to the impact of the Kyoto Protocol to actions taken by the federal, state, and local governments as well as by corporate entities. Because legal developments in this area are occurring at considerable speed, an accompanying Web site to Global Climate Change and U.S. Law will keep readers informed of the latest information.

Written by many of the country’s leading environmental lawyers and scholars, Global Climate Change and U.S. Law begins with a summary of the factual and scientific background of global climate change. The book is then divided into four discrete segments:

-- Part I outlines the international and national legal framework of climate change regulation and associated litigation.
-- Part II describes emerging regional, state and local actions, and includes a 50-state survey.
-- Part III covers issues of concern to corporations, including disclosure, fiduciary duties, insurance, and subsidies.
-- Part IV examines the legal aspects of efforts to reduce greenhouse gases, such as voluntary efforts, emissions trading, and carbon sequestration.

Global Climate Change and U.S. Law includes a glossary of climate related terms; list of acronyms; extensive endnotes; and comprehensive index.

784 pages, 7 x 10, paperback
ISBN: 978-1-59031-816-4

Posted On: December 5, 2007

Selections From the ABA Criminal Justice Section E-News for December 2007

Policy Update: Including CJS Recommendations Going Before the HOD in Feb. 2008

Nominations for 2008- Positions

Weekly Criminal Justice News Round-Up

Blawg Directory: Criminal Justice

New Award: Frank Carrington Crime Victim Attorney Award

| Share
Posted On: December 5, 2007

Nominations for 2008 American Bar Association Justice Center John Marshall Award

The John Marshall Award was established to honor those dedicated to the improvement of the administration of justice. The 8th annual Award will be presented at the 2008 ABA Annual Meeting in New York, NY.

For additional information on the Award and how to make a nomination, please visit the Award homepage at http://www.abanet.org/justicecenter/johnmarshall.html.

The deadline for all nominations is March 14, 2008.

Posted On: December 5, 2007

Results of American Association of Law Libraries Election for 2008

Monday, December 3, 2007

AALL Election Results

This year we received 1597 ballots (33% of total dues paying members).

Darcy Kirk, AALL Secretary, has just notified all the candidates running for office, so I am now pleased to announce the results of the AALL election for 2008.

Vice President/President-Elect:
(July 2008 - July 2009) Catherine Lemann

Secretary:
(July 2008 - July 2011) Ruth J. Hill

Executive Board:
(July 2008 - July 2011) Carol Bredemeyer
Christine L. Graesser

Congratulations to our successful candidates and a big thank you to all who agreed to run for office. It is this commitment and dedication that makes the profession of law librarianship, and especially AALL, a strong and vibrant community.

Survey Results
Of those who cast ballots, 53% chose to respond to our survey. Here are the results:

Type of Library where currently employed:

Corporate 17 (2%)
Court 64 (8%)
Government 66 (8%)
Independent 15 (2%)
Law Firm 279 (33%)
Law School 368 (43%)
Other 35 (4%)

Years an AALL Member:

Zero to Five 152
Six to Ten 134
Eleven to Fifteen 143
Sixteen or more 418



Posted On: December 4, 2007

Cataloguing Philosophy: University of Colorado Law Library

We were happy to receive the following in an e-mail from Karen Selden and would like to share it with our readers:

University of Colorado Law Library

Cataloguing Philosophy

Titles are catalogued into the collection of the University of Colorado Law Library to meet the Law Library Mission:

The primary mission of the University of Colorado Law Library is to provide materials and services that support the instructional and research programs of the faculty and students of the School of Law. Further, as the largest collection of legal information resources in the state of Colorado, the Law Library offers its resources and services to assist the University and legal communities and the public in meeting their needs of legal information.

The Law Library is committed to pursuing opportunities afforded by the cooperative organization of resources in order to establish and maintain appropriate resources for optimal access and use of legal resources. The Law Library is also committed to exploring creative alternatives to con- ventional procedures as it plans, develops, and provides information, materials, and services to its targeted communities.

Toward this end, the library adheres to the Anglo-American Cataloguing Rules (AACR2R1998), the Library of Congress Subject Headings, the Library of Congress Classification System, and the practices of the Online Computer Library Center (OCLC). However, "[s]ince the primary reason for adopting any subject classification scheme is to arrange your books on the shelf in such a way that like material will be found altogether,"1 class numbers and subject headings will often be altered to provide optimal access. Optimal access for Law Library patrons means classing titles on similar subjects in the same location as much as possible. It also means adding as many access points as is reasonable. Modifications to cataloguing of the Library of Congress and members of OCLC are therefore common. The Head of Faculty Services is the most knowledgeable faculty member to be consulted for classification and subject questions in the Law Library collection.

1 Benemann, William, AALL Spectrum, October 1997, p.14.

Last updated November 1, 1999

Posted On: December 4, 2007

Iran: Nuclear Intentions - U.S. National Intelligence Estimate - November 2007

On Monday December 3, 2007 the U.S. Intelligence agencies released a new National Intelligence Estimate which concludes that Iran halted a nuclear weapons program in 2003, though it continues to enrich uranium, ostensibly for peaceful purposes.

For the convenience of our readers we are posting below without any editorial comment of our own a copy of the ScopeNote of the Intelligence Estimate and a link to the full document:

S c o p e N o t e

This National Intelligence Estimate (NIE) assesses the status of Iran’s nuclear program, and the program’s outlook over the next 10 years. This time frame is more appropriate for estimating capabilities than intentions and foreign reactions, which are more difficult to estimate over a decade. In presenting the Intelligence Community’s assessment of Iranian nuclear intentions and capabilities, the NIE thoroughly reviews all available information on these questions, examines the range of reasonable scenarios consistent with this information, and describes the key actors we judge would drive or impede nuclear progress in Iran. This NIE is an extensive reexamination of the issues in the May 2005 assessment.

This Estimate focuses on the following key questions:

• What are Iran’s intentions toward developing nuclear weapons?

• What domestic factors affect Iran’s decision making on whether to develop nuclear weapons?

• What external factors affect Iran’s decision making on whether to develop nuclear weapons?

• What is the range of potential Iranian actions concerning the development of nuclear
weapons, and the decisive factors that would lead Iran to choose one course of action over another?

• What is Iran’s current and projected capability to develop nuclear weapons? What are our key assumptions, and Iran’s key chokepoints/vulnerabilities?

This NIE does not assume that Iran intends to acquire nuclear weapons. Rather, it examines the intelligence to assess Iran’s capability and intent (or lack thereof) to acquire nuclear weapons, taking full account of Iran’s dual-use uranium fuel cycle and those nuclear activities that are at least partly civil in nature.

This Estimate does assume that the strategic goals and basic structure of Iran’s senior leadership and government will remain similar to those that have endured since the death of Ayatollah Khomeini in 1989. We acknowledge the potential for these to change during the time frame of the Estimate, but are unable to confidently predict such changes or their implications. This Estimate does not assess how Iran may conduct future negotiations with the West on the nuclear issue.

This Estimate incorporates intelligence reporting available as of 31 October 2007.

Intelligence Estimate: Iran - Nuclear Intentions


Posted On: December 4, 2007

New on LLRX.com for November 2007

Source: LLRX.com http://www.llrx.com

**Criminal Resources: False Confessions, by Ken Strutin
http://www.llrx.com/features/falseconfessions.htm

**Australian Trade Marks Law: The Madrid System, by Nicholas Weston
http://www.llrx.com/features/madridsystem.htm

**Gadgets, Gadgets, Gadgets, by Barbara Fullerton, Sabrina I. Pacifici and Aaron Schmidt
http://www.llrx.com/features/gadgets2007.htm

**Locating Lawyers (including Corporate Counsel): A Brief Overview of Attorney Directories and a 50 State Survey of Online State Bar Directories, by Scott Russell
http://www.llrx.com/features/locatinglawyers.htm

**Deep Web Research 2008, by Marcus P. Zillman
http://www.llrx.com/features/deepweb2008.htm

**Israeli Law Guide, by Ruth Levush
http://www.llrx.com/features/israel3.htm

**CongressLine by GalleryWatch.com: The Veto, by Paul Jenks
http://www.llrx.com/congress.veto.htm

**E-Discovery Update: Deconstructing The "Not Reasonably Accessible" Standard For Production Of Electronically Stored Information, by Conrad J. Jacoby
http://www.llrx.com/columns/fios23.htm

**Burney's Legal Tech Reviews - Gadgets for Legal Pros: zBoost Cell Phone Signal Extender and an Ultra Small Portable Memory Device, by Brett Burney
http://www.llrx.com/columns/legaltech53.htm

**Reference From Coast to Coast: Service of Process Redux, by Jan Bissett and Margi Heinen
http://www.llrx.com/columns/reference55.htm

**LLRX Book Review by Heather A. Phillips: Broken Government by John W. Dean
http://www.llrx.com/columns/bookreview4.htm

**Commentary: The Tax Reduction and Reform Act of 2007, by Beth Wellington
http://www.llrx.com/extras/taxreformact.htm

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

**See also: beSpacific - www.bespacific.com - the research blog on law and technology issues, updated daily since 2002. With a searchable database of over 15,000 postings, Sabrina I. Pacifici focuses on primary documents and reliable resources on topics that include: privacy, Congressional hearings and legislation, e-government, legal research, government documents, ID theft and cybercrime, civil liberties, KM, RSS, search engines and more.

Posted On: December 3, 2007

Public Access Libraries: An American Institution

BY: Theodore Pollack
Senior Law Librarian
New York County Public Access Law Library

The United States Declaration of Independence states, “We hold these truths to be self-evident, that all men are created equal....” Perhaps no more beautiful words have ever been written. However, self-represented litigants who are attempting to protect their rights, often discover the vast gulf between the political platitude and the reality of becoming self-educated attorneys competing against trained litigators before the courts.

In order to bridge this gulf, self-represented litigants look to a variety of resources. New York State established by statute the existence of a public access law library in each New York State county. These libraries are part of the New York State Unified Court System and are charged with providing access to legal materials in the hope of making the legal process more equitable and transparent. Legal databases, case reporters, encyclopedias, codes all provide a means for the self-represented litigant to learn the law and educate him/herself.

“Law sharpens the tongue and narrows the mind,” Edmund Burke humorously said of the evolutionary process involved in studying the law. However, anybody who has ever tried to read cases or statutes will acknowledge the struggle encountered in trying to decipher multi-layered procedures and a new language filled with unfamiliar and archaic terminology. Similarly, many fledgling and experienced attorneys have spent long hours trying to decipher the meaning and intent of statutes whose meaning is unclear. In order to shed light on determining, the meaning of a law, Supreme Court Justice Felix Frankfurter was credited with saying: “Read the statute. Read the statute. Read the statute.” Is there any better environment to proceed with this activity than a library?

Libraries since ancient times have been the repositories of written knowledge. We in public access law libraries are charged with teaching novice to best utilize legal research resources in order to facilitate advocating their causes and cases before the courts. In the New York County Public Access Law Library, a diverse group of users cross through the Library’s doors each day. The clientele spans the socio-economic spectrum and may very well include a stock broker who lives on Manhattan’s Upper East Side or a destitute individual who is homeless. Self-represented litigants are involved in a multitude of cases. However, in New York County, a majority involve housing, family, and other civil issues with a smaller portion involving criminal issues. Other researchers who have used the Library include a Brooklyn College professor doing historical research, journalists examining high and low profile cases, journalism students trying to make sense of the court system, and paralegal students beginning their studies. For each of these types of patrons, the Library is a place to gain research skills and insight into the judicial process.

Are all of the Library’s users successful in their cases and research pursuits after using the Library? Honestly, that is an impossible goal to accomplish. Some Library “graduates” have been successful in the state and federal courts. Yet, it is our true hope that we place self-represented litigants in a better position to advocate their causes. Fairness is an integral value of the American judicial system and is embodied in the due process clauses of the Fifth and Fourteenth Amendments. It is this spirit of trying to make the judicial process more just and open that the staff of public access law libraries seek to help the self-represented litigant. I think that the comment of Court Officer Charley Freeman regarding the New York County Public Access Law Library applies to all public access law libraries: “There is something very American about it [the New York County Public Access Law Library], and we are lucky to have it.”

Posted On: December 3, 2007

ABA Petition for Justice in Pakistan

We received the following letter from William H. Neukom President of the American Bar Association on December 3, 2007 and are forwarding it for your consideration:

Dear Fellow Lawyer,

Each day, evidence mounts that pressure brought by Americans and people of other nations is forcing Pakistani leader Pervez Musharraf to soften his assault on the rule of law. But he has failed to address some of his most destructive actions.

On Dec. 13, I will present a petition signed by concerned lawyers and judges to Pakistan’s Ambassador in Washington, D.C. I ask you to add your name to that petition at http://www.abavideonews.org/ABA495/sign.php.

In recent weeks, America’s lawyers and judges have responded in extraordinary ways to support their colleagues in Pakistan. If you do nothing else, sign this petition. But I also ask you to take one additional step.

Please send this petition to friends and colleagues, with your own thoughts about why the rule of law matters.

I urge you not to look aside, as if standing up for the rule of law is somebody else’s job. Add your name, be seen and be counted.

When I meet with Pakistan’s embassy on Dec. 13, I will carry your voices. Speaking together, the lawyers and judges of America will be heard.

Sincerely,

William H. Neukom