Posted On: January 30, 2008

Publications: Electronic Hein Site

Electronic Hein Cites
Issue 408

Screening Justice - The Cinema of Law:
Significant Films of Law, Order and Social Justice

This recent publication from Hein contains more than 50 essays written by 50 legal scholars, professionals and professors, focusing on significant films about law, order and social justice. The essays selected for the book address a rich and diverse variety of films and issues, from justice in Nazi Germany to the American Dust Bowl to the role of military justice.

Sexual Orientation and the Law

A Research Bibliography Selectively Annotating Legal Literature Through 2005
AALL Standing Committee on Lesbian and Gay Issues

This indispensable research bibliography on sexuality issues is now available from Hein. This new edition aims to provide guidance to all librarians in both developing a core collection of relevant material and in providing research assistance to professors, students, attorneys and judges. It features 877 new entries and 235 new cases.

The Law and Mr. Smith

In this new acid-free reprint, author Max Radin attempts to explain to the average layperson what exactly the law is and the reasons behind why it is that way. This book is divided into three parts. The first part is devoted to theory and answering basic questions, the second part traces the evolution of law from the ancient Greeks, and the third part analyzes several legal categories such as obligation, compensation, property and crime.

The Law Relating to Works of Literature and Art

Embracing the Law of Copyright, the Law Relating to Newspapers, Law Relating to Contracts Between Authors, Publishers, Printers, etc., and The Law of Libel

This acid-free reprint from Hein is a great historical resource for your intellectual property collection. The work is intended to provide a compilation of all laws relating to literature and art. It is aimed towards the legal profession and those engaged in literary and artistic pursuits, whether as editors or publishers, with a complete statement of the law bearing on the subjects of their labors.

The Life and Letters of Roscoe Conkling
Orator, Statesman, Advocate

This biography of a great and influential politician is now available newly reprinted from Hein. A New York lawyer and political leader, Roscoe Conkling was a very active politician throughout his life in the nineteenth century. Conkling was a member of the United States House of Representatives and the United States Senate.

Modern Democracies

This new acid-free reprint from Hein is an in-depth comparative study of the great democracies of the nineteenth and early twentieth centuries, and will be an excellent addition to any legal history collection. Author James Bryce analyzes the religion, art, industry, inner working and structure of such governments as the United States, Canada, Switzerland, France and Australia.

A Practical Treatise on the Law of Contracts, Not Under Seal;
and Upon the Usual Defenses to Actions Thereon
4th Edition

The newly reprinted fourth edition of this popular book on the law of contracts contains a much more complete and comprehensive collection of cases and subjects, making it nearly twice the size and twice as useful as all previous versions.

Prize Law During the World War

A Study of the Jurisprudence of the Prize Courts, 1914-1924

This new acid-free reprint from Hein provides a survey of the organization, function and jurisdiction of the prize courts during World War I, which provided the most important contribution of the war to international law. Author James Wilford Garner sets out to summarize and compare the interpretation and conclusions of the prize courts of various nations in which such tribunals were formed and to point out the divergent decisions made in identical or similar circumstances.

Click here for other publications listed on Hein Cite

Continue reading " Publications: Electronic Hein Site " »

Posted On: January 30, 2008

ABA Conference: Stranger in a Strange Land: Cross Cultural Issues in the Courts

What does "the rule of law" mean in today's multi-cultural society?

In a growing number of cases in state and federal courts all across the country, immigrants are pleading “the cultural defense” – invoking the customs and traditions of their homelands to explain their actions. Even when it is not raised per se, culture plays a role in many cases – both civil and criminal.

In this engaging and highly-interactive presentation, audience members will use hand-held TrialGraphix technology to “vote” on the outcome of vignettes drawn from fascinating and controversial real-life cases “ripped from the headlines” and presented by an inter-disciplinary panel of some of the nation’s leading cross-cultural experts.

Does the adage that “all men are presumed to know the law” apply to recent immigrants? Should immigrants be held to the same standards as everyone else, on the theory of “When in Rome . . . ?”
You be the judge!

* * * * *
Professor Jonathan Turley • George Washington University School of Law • Frequent TV Commentator • Contributor, USA Today

Professor Alison Dundes Renteln • Professor of Political Science and Anthropology – USC • Lawyer and Author, “The Cultural Defense”
Rene L. Valladares • Chief of the Trial/Appellate Division • Office of the Federal Public Defender – Las Vegas • Editor/Contributor, “Cultural Issues in Criminal Defense”
Mark J. Mills, J.D., M.D. • Forensic Sciences Medical Group – Washington, D.C. • Nationally-renowned forensic psychiatrist
Hon. Bernice B. Donald • U.S. District Court for the Western District of Tennessee • Frequent consultant on international rule of law issues

Program Chair
Hon. Delissa A. Ridgway • U.S. Court of International Trade – New York

* * * * *
Book Signing
Professor Renteln will be signing copies of her award-winning book, The Cultural Defense, following the program. Copies of the book will be available for purchase.

ABA 2008 Midyear Meeting
February 6-12 • Los Angeles

SPONSORED BY: ABA Judicial Division, Nation Conference of Federal Trial Judges and a large, diverse group of Co Sponsors.

Posted On: January 29, 2008

American Association of Law Libraries: Washington E-Bulletin

The January 25, 2008 issue of the AALL Washington E-bulletin is now available at Reading issues of this E-bulletin is a great way to keep abreast of issues of interest and concern to law librarians that are being discussed and debated in Washington, DC. Enjoy

Posted On: January 29, 2008

Fact Sheets for 2008 State of the Union Address

2008 State of the Union Policy Initiatives (PDF 189 KB)
Fact Sheets Released by the White House

Posted On: January 25, 2008

Documents Regarding Economic Stimulus and the General Economic Outlook

Since issues related to stimulating the U.S. economy and the more general economic outlook are being so widely discussed in the news media, we thought it would be helpful to add context to the general discussion by posting a few federal documents which provide an added dimension to the topic.

The list of materials below is not meant to be comprehensive; most have been generated in the past few days by those involved directly in developing the proposed stimulus package. In addition, we have added two documents which discuss the general outlook of the economy.

Here is the list with brief descriptions. To gain access to these materials click on the links provided:

Fact Sheet: CBO Budget Outlook, Fy 2008-2018

State-by-State Economic Snapshots: Reports Prepared by the Joint Economic Committee

Subprime Crisis Timetable: Prepared by Joint Economic Committee - December 2007 - August 2007

Expanded Summary of the 2008 Economic Growth Package From House Minority Leader John Boehner

Expanded Summary of the 2008 Economic Growth Package From Speaker Nancy Pelosi

Summary of the Economic Stimulus Agreement From the White House

Transcript of a Press Conference From Speaker Nancy Pelosi, House Minority Leader John Boehner and Treasury Secretary Henry Paulson: Transcript as Released by theOffice of Speaker Pelosi

Economic Stimulus Bill HR 5140 To provide economic stimulus through recover rebates to individuals, incentives for business investment, and an increase in conforming and FHA loan limits...

Statement of Administration Policy for House Consideration of the Recovery Rebate and Economic Stimulus for the American People Act, H.R. 5140 (PDF 48 KB)
SAP Prepared by the Office of Management and Budget

U.S.Senate: Description of the Chairman's Modification to the Provisions of the Economic Stimulus Act of 2008 (PDF 86.8 KB)
Prepared by the Staff of the Joint Committee on Taxation

Posted On: January 24, 2008

President Bush: Executive Order 11858 Concerning Foreign Investment in the United States

01/23/2008 Executive Order: Further Amendment of Executive Order 11858 Concerning Foreign Investment in the United States (PDF 70.7 KB)
Executive Order Issued by the President on Jan. 23, 2008

To See Executive Order 11858 Click Here

Posted On: January 24, 2008

New on for January 2008

New on for January 2008,

From Sabrina I. Pacifaci, Founder, Editor, Publisher

**Many thanks to all the authors whose work appears in this month's issue.

**If you are interested in contributing a feature article, a column, a guide or a presentation to, please contact me -- spacific at earthlink dot net. Upcoming deadlines are February 15 and March 14, 2008. Thank you very much.


**Reviewing the XO “$100” Laptop, by Conrad J. Jacoby

**Social Networks for Law Librarians and Law Libraries, or How We Stopped Worrying and Learned to Love Friending, by Debbie Ginsberg and Meg Kribble

**FOIA Facts: The Impact of the OPEN Government Act of 2007, by Scott A. Hodes

**Criminal Resources: Criminal Defense Investigation, by Ken Strutin

**Bella is Bewildered About Blogs, by Beverly Butula

**Reference from Coast to Coast: Learning to Love Those 50 State Surveys, by Jan Bissett and Margi Heinen

**The Government Domain: 2.0, by Peggy Garvin

**What's in the Air at MacWorld? by Nicholas Moline

**LLRX Book Review by Heather A. Phillips - John Marshall and the Heroic Age of the Supreme Court

**Burney's Legal Tech Reviews - The Better Digital Mouse Trap, an All Purpose Travel Bag, and a Shiny Cell Phone, by Brett Burney

**CongressLine: SPQR, by Paul Jenks

**Commentary: The Supplemental Mine Improvement and New Emergency Response Act, by Beth Wellington

**LLRX Court Rules, Forms and Dockets, continually updated by law librarian Margaret Berkland

Posted On: January 24, 2008

News from American Libraries Direct, January 23, 3008

American Libraries Direct is the e-newsletter of the American Library Association (ALA):


LC Working Group issues final report on bibliographic futures

A Library of Congress task force has completed its mission to look at the future of cataloging and other forms of bibliographic control and recommend steps on how the library community can continue to provide effective access in a changing technological world. The LC Working Group on the Future of Bibliographic Control released On the Record (PDF file), its 44-page final report, January 9 after responding to suggestions from a wide range of organizations and individuals who read a draft version issued November 30....

Council adopts revised accreditation standards

ALA Council adopted a revision of the 1992 Standards for Accreditation of Master’s Programs in Library and Information Studies on January 15 at the Midwinter Meeting in Philadelphia. The revision places stronger emphasis on systematic planning, student learning outcomes, assessment, and diversity, tying the standards directly to ALA policies on diversity....

FBI whistleblower answers questions at Midwinter

Despite a warning from his superiors, FBI Special Agent Bassem Youssef answered questions at a January 12 session of the ALA Midwinter Meeting. In 2002, Youssef blew the whistle to Congress and the director of the FBI that discriminatory practices within the Bureau were undermining the effectiveness of America’s counterterrorism efforts. In this video (7:41), Youssef and his attorney Stephen M. Kohn discuss the case, talk about the abuse of National Security Letters following the passage of the Patriot Act, and speak of Abu Ghraib prison as an example of the U.S. failure to understand Middle Eastern culture. The ALA Washington Office has uploaded the complete session....

George W. Bush Presidential Library design contest

The Chronicle of Higher Education is looking for serious, humorous, or adventurous designs for the Bush Library, drawn as if you’d sat down next to the president and sketched out your idea on a scrap piece of White House stationery. All submissions should be on the back of a size-10 envelope. The winning designer will win a brand new iPod Touch. The deadline is February 1....
Chronicle of Higher Education

RFID in libraries: Best practices

The National Information Standards Organization has issued RFID in U.S. Libraries (PDF file), containing recommended practices for using radio frequency identification (RFID) tags in library applications. The scope of the document is limited to item identification—that is, the implementation of RFID for books and other materials—and specifically excludes its use with regard to the identification of people....
National Information Standards Organization, Jan. 16


Posted On: January 18, 2008

Librarian Nominations Sought for NYLINK* Achievement and Leadership Awards

We’re very pleased to announce the fourth annual Nylink Achievement Awards and the second year of the Leadership Award. The Achievement Awards provide recognition and appreciation for Nylink member institutions that make significant contributions to Nylink, library cooperation, or to library collaboration. The Leadership Award was established in 2007 to honor Mary-Alice Lynch, who served as Nylink Executive Director from 1997 to 2007, for her leadership and vision for libraries. The award is given to an individual in recognition of sustained service reflected in a significant and influential body of professional work furthering Nylink’s mission of library collaboration and/or the promotion of innovative technological solutions to shared library issues.

All librarians, professional, technical and ancillary staff, Nylink staff, and others in the profession are encouraged to submit nominations for the institutional Achievement Awards and for the individual Leadership Award. The nomination solicitation process will remain open until Friday, February 22, 2008.
All nominations will be reviewed by the Awards Committee of Nylink Council. We thank this committee for their time and effort to highlight the valuable contributions of Nylink member institutions and their staffs. Committee members: Gary Thompson, Siena College, chair; Susan Currie, Binghamton University; Barbara Liesenbein, Dutchess Community College.

Award winners will be honored at the Nylink Annual Meeting, May 5-6, 2008, in Saratoga Springs
More details including eligibility criteria and nomination submission forms are available at

Questions about the awards and the nomination process should be directed to Kathleen Gundrum, Director of Member Services, by phone at 800-342-3353 or by e-mail at

Thank you!

* For those unfamilar with NYLINK here is some additional information:

Nylink, founded in 1973, is a nonprofit membership organization of all types of libraries and cultural heritage organizations throughout New York State and surrounding areas. Nylink facilitates collaboration and cooperation among its members, and supports access to high-quality, cost-effective resources that enable member institutions to enhance the services they provide to their constituents.

Posted On: January 18, 2008

Top Ten Reasons Hackers Use the Web for Attacks

This technology brief by Blue Coat Systems details the vulnerabilities hackers use to take advantage of the web for attacks. To see entire document click on the link below:

Top Ten Reasons Hackers Use the Web for Attacks

Posted On: January 18, 2008

Indexing Files for Your Paperless Office


"I am so ready to get into a full (or as close as possible) paperless office. I would like to create a hard copy index in the client file detailing what is in the client file on my hard drive. This way, when I have a senior moment and can't remember if I wrote the client or opposing counsel about a certain topic, I can locate it readily without having to guess what all my, or my staff's, abbreviations and shorthand mean. I use MS Word. Can anyone who has gone paperless share how they solved this issue or describe a better technique?"


"The very first thing you should do is either prohibit or STANDARDIZE abbreviations used in file names, as well as standardizing the format of file names themselves. [I am FIRMLY and UNALTERABLY in the camp of those who believe all file names should begin with YYYY-MM-DD.] "

"But back to the question actually posed: If you are using Directory Opus from GPS Software instead of Windows Explorer — as certainly you should be — you can easily use the "Copy Filenames" option on the Edit Menu, which will copy names to the clipboard as simple file names, file names with complete path, or hyperlinks."

"If you INSIST on creating hardcopy, just paste the clipboard content into a word processing document. But why not instead create a PDF file from the hyperlinks, and then have an "electronic index" to your content which is (i) searchable, and (ii) with a single click will open the desired file once located?"

"Better yet, assuming your stored documents are in Acrobat format, why not use the "Catalog" function of Acrobat itself?"

Posted On: January 18, 2008

ABA Journal Weekly Newsletter January 18, 2008

January 18, 2008

Our Top Ten Stories of the Week


Law Grad, 32: Don't Do What I Did
Jan 16, 2008, 04:39 pm CST

"A 32-year-old Boston University law graduate is on a one-woman crusade to save others from making the same mistakes she made. High on Kirsten Wolf's list of don'ts is spending the time--and especially the money--she did to get a law degree..." Continue reading


Lawyer Pay
Retire in Your 40s? Yes, at U.K. Megafirm
Jan 15, 2008, 04:06 pm CST

Law Practice
Look, It's a Home, or a New Bistro--No, It's a Law Office!
Jan 14, 2008, 12:04 pm CST

Lawyer Pay
Losing Lockstep: Luce Forward Bases Associate Pay on Practice Area, Hours
Jan 14, 2008, 05:35 am CST

Tort Law
DEA Agents Claim 'American Gangster' Movie Defamed Them
Jan 17, 2008, 12:00 pm CST

Legal Ethics
Scruggs' Lawyers Accuse Judge of Targeting Their Client in Bribe Case
Jan 17, 2008, 10:36 am CST

Privacy Law
New 'Big Brother' Software Will Monitor Workers' Facial Expressions
Jan 16, 2008, 10:41 am CST

Work/Life Balance
Cadwalader Associate Among Those Bucking Trend, Having a Baby Before 30
Jan 16, 2008, 08:31 am CST

Law Firms
Trial Begins Over Morgan Lewis' Advice to Client
Jan 15, 2008, 06:05 am CST

Legislation & Lobbying
Two Senators Target Judges' Junkets, Tie Pay Raise to Stricter Rules
Jan 16, 2008, 03:01 pm CST

Posted On: January 17, 2008

Beige Book: Summary of Commentary on Current Economic Conditions by Federal Reserve District


Reports from the twelve Federal Reserve Districts suggest that economic activity increased modestly during the survey period of mid-November through December, but at a slower pace compared with the previous survey period. Among Districts, seven reported a slight increase in activity, two reported ixed conditions, and activity in three Districts was described as slowing.

Most reports on retail activity indicated subdued holiday spending and further weakness in auto sales. However, most reports on tourism spending were positive. Residential real estate conditions continued to be quite weak in all Districts. Reports on commercial real estate activity varied, with some reports noting signs of softening demand. Manufacturing reports varied across industries, with pronounced weakness noted in housing-related industries as well as the automobile industry. Strong export orders and increased demand in industries whose products compete against imports was reported by some Districts. Demand for nonfinancial services remained generally positive, although some Districts commented on continuing weak demand for transportation services.

Reports from banks and other financial institutions noted further declines in residential real estate lending, and lending to the commercial real estate sector was generally described as mixed. Some Districts reported lower consumer loan volumes, whereas the volume of commercial and industrial lending varied. Most Districts cited tighter credit standards. Demand continued to decline for construction workers and those in housing-related industries, according to most reports, while demand generally held steady for skilled workers in nonfinancial service industries. Wage increases remained moderate overall. increases in prices for food, petrochemicals, metals, and energy-related inputs continued to be widely reported, and production and delivery costs for many products increased because of higher fuel prices. Producers in the agricultural sector reported generally strong demand and favorable production conditions outside of the drought-stricken areas in the Southeast. Strong oil and gas exploration and production activity was noted by several Districts.

To see the complete Summary of Commentary on Economic Conditions click on the link below:

Summary of Commentary on Current Economic Conditions (PDF 256KB) Report known as the Beige Book. Released by the Board of Directors of the Federal Reserve System.

Posted On: January 17, 2008

Report: October 2007 OCLC Council Meeting

The following is an excerpt of a Report of the OCLC Council Meeting by Phyllis Post, Head of Technical Services at Capital University (Columbus, Ohio). Phyllis attended as an observer/representative of the American Association of Law Libraries (AALL).. Speaking personnally, I am very happy to see AALL involved at this level with OCLC:

From the OCLC Members Council 2007/2008 Annual Plan:

The Members Council, along with the Board of Trustees, is one of the two governance bodies representing the Membership of the OCLC global, nonprofit, library cooperative. Members Council supports OCLC’s mission of furthering cost-effective access to worldwide information by serving as a key strategic discussion forum and the major communications link among Members, networks, and OCLC. By providing an open channel for recommendations and questions from delegates, approving changes in the Code of Regulations, and electing six Members of the Board of Trustees, Members Council helps shape the future direction of OCLC and libraries.

In keeping with the above statement, a large part of the October meeting was devoted to discussions of OCLC’s governance structure. As WorldCat has become a more global, less Anglo-centric database, issues are arising over how members of OCLC’s Board of Trustees are selected and how OCLC can best represent member libraries outside of the U.S. Final recommendations are due later this fiscal year to be implemented July 2008. There was a presentation by Karen Calhoun about the state of WorldCat, a Keynote address by Stephen Abram, SirsiDynix’s Vice President of Innovation (very provocative!), and breakout sessions based on library type. In addition, time was set aside for participants to engage in small brainstorming sessions. OCLC staff were present to allow librarians an opportunity to suggest ideas for future product and services development or for presentation at a future Members Council meeting. Finally, we were given copies of OCLC’s latest report, Sharing, Privacy and Trust in Our Networked World, a fascinating look at how the Internet is used today and what we can expect it to look like in the very near future.

The consistent theme that came out of all of these presentations is that OCLC is heavily engaged in finding ways to go beyond description by adding content to WorldCat. OCLC recognizes that it is in competition with companies like Google and that it needs to take what we as librarians do best (catalog, organize, evaluate) and link it to the content that users want. We talked about social networking, ebooks, privacy, and the globalization of library services. The meetings were fast-paced and lively and I got a very strong sense that OCLC staff listen carefully to what the delegates have to say.

The Members Council consists of approximately 70 representatives of the various OCLC networks. About 60-65 of them were in attendance. In addition there were another 60 “observers” like myself. A few represent other library organizations and I was fortunate to spend the Monday lunch break with the representative from the Medical Library Association. It was helpful to have her perspective. Many of the observers are regional network staff who regularly attend as well. There was a fairly large group of librarians from Taiwan working in libraries that recently joined the OCLC cooperative. I want to stress that I was made to feel extremely welcome by a number of individuals on both the Members Council and OCLC staff. AALL is invited to send someone on a regular basis if OBS-SIS and the AALL Executive Board choose to do so.

Posted On: January 16, 2008

Criminology Volume 45 Issue 4 November 2007

Below is the table of contents for the latest issue of Criminology, which is now available at


Volume 45, Issue 4, November 2007

pages 735–769

pages 771–803

pages 805–833

pages 835–863

pages 865–891

pages 893–923

pages 925–958

pages 959–984

Posted On: January 16, 2008

Implementing Knowledge Management: Key Planning Considerations

BY Brett Haywrd, Vice President of Professional Services for the Americas, InQuira


Today’s consumers expect fast and convenient online self-service, and they demand knowledgeable, responsive support from contact center agents—anything less and today’s consumers are perfectly willing to take their business elsewhere.

An organization’s knowledge management (KM) capabilities are front and center in almost every customer interaction, and so have a direct impact on how customers experience and regard the organization. As vital as the exercise of implementing KM is, it is also as challenging, particularly in large, global enterprises. Planning for these large-scale implementations can set the stage for success—or, if done incorrectly, set a company up for a huge waste of time and money.

This white paper offers a discussion of the three critical questions every project lead should answer before embarking upon a knowledge management implementation. First, the author outlines the merits of three different implementation models. Then he explores the critical issue of content acquisition, which can drive up both the cost and duration of a KM implementation when done incorrectly. Finally, and perhaps most importantly, he examines the vital role user experience needs to play in planning a KM implementation.

Written by a professional services executive who has managed dozens of KM implementations at some of the largest companies in the world, this paper equips IT managers and project leads with a wealth of practical, proven insights into planning for large-scale KM initiatives.

Posted On: January 16, 2008

U.S. Supreme Court Justices Uphold New York's System of Choosing Trial Judges

"The Supreme Court unanimously upheld New York's unique system of choosing trial judges, eversing a lower court and setting aside complaints that the system was easily controlled by
party bosses:"

To see the slip opinion for New York Board of Elections et. al. v. Torres et. al 06-766 and the transcript of oral argument (both in PDF format) click on the links below:

New York Board of Elections v. Torres 06-766

Transcript of Oral Argument

Posted On: January 16, 2008

Lessons from the Best Web Sites on Capitol Hill: The Gold Mouse Report

The information below is from the Press Release announcing the Report, followed by a link to the complete Report:

Washington, D.C. – A new report from the Congressional Management Foundation (CMF) on congressional Web sites says the overall quality “continues to be disappointing,” with more than 40% of congressional Web sites earning a substandard or failing grade. The report also contains recognition and praise for the best Web sites on Capitol Hill with the announcement of the winners of the 2007 Gold, Silver, and Bronze Mouse Awards.

"The good news is that 19 more offices won awards in 2007 than did in 2006, including 16 freshmen Members. The bad news is that there were 20 more D's and F's," said Beverly Bell, Executive Director of CMF, a non-profit, non-partisan organization founded 30 years ago to promote a more effective Congress. "We were glad to see good sites getting better, but discouraged to see the bad getting worse."

Funded by a grant from the National Science Foundation, The 2007 Gold Mouse Report: Lessons from the Best Web Sites on Capitol Hill evaluated 618 congressional Web sites, including those of all Senate and House Members and Delegates, committees (both majority and minority sites) and official leadership sites. Providing invaluable assistance for the 2007 report were research partners from the John F. Kennedy School of Government at Harvard University, the University of California-Riverside, and Ohio State University.

"The Internet has the potential to transform the connection between citizens and their representatives. While it is clear that the Internet has played an important role in mobilizing and informing voters, most Members have not seized the day. Surprisingly few Member sites offer much content on where the Member stands on the issues of the day," said Dr. David Lazer, Associate Professor of Public Policy and Director of the Program on Networked Governance at Harvard University's John F. Kennedy School of Government.

"There certainly are outstanding Web sites. A full 17%-or 104 sites- earned "A" grades this year, up from 14% in 2006. These sites not only serve constituents well, they illustrate best practices, and they should serve as templates for other congressional offices," Bell said. However, noting that the most common grade is a "D," Bell added, "Many congressional offices are simply missing terrific opportunities to interact with and inform constituents and other politically engaged citizens."

CMF has been studying congressional Web sites since 1998 and produced three previous reports in 2002, 2003, and 2006. Only three Members received awards in all four evaluations: Rep. Mike Honda (D-CA), Senator Jeff Bingaman (D-NM) and Senator Patrick Leahy (D-VT). A complete list of this year's winners is available at

"The most important reason we give the Mouse Awards is to highlight best practices and inspire and motivate other offices to improve their sites by learning from those doing a good job," said Bell.

Key findings from the report:

Half of the sites that earned "F"s last year received the same grade in 2007, and a full 63% of Member sites that received a "D" in 2006 received the same grade or slipped to an "F" in 2007.
The most common letter grade in the Senate was a "B" compared to a "D" in the House. In the Senate, 33% fewer sites received a failing grade in 2007, whereas in the House, the percentage of failing sites jumped from 12% to 21%-an increase of 75% since our 2006 evaluations. The number of substandard or failing committee sites increased to 44%, and the percentage of House and Senate committee (both majority and minority) Web sites scoring an "F" doubled between 2006 and 2007.

In 2006, Republican sites performed slightly better than their Democratic counterparts. In 2007, Democratic sites now hold a slight edge, with 61% of Democratic sites earning a grade of "C" or better, compared to 55% of Republican sites. A surprising number of the 110th Congress freshmen excelled out of the gate-16% of the new Members received "A" grades, garnering them 2007 Gold, Silver, or Bronze Mouse Awards. The top-tier congressional Web sites continued to excel in 2007, with 44% of the 2006 award-winning Member sites winning a Gold, Silver, or Bronze Mouse Award again this year. In fact, 8 Member Web sites scored higher than the highest-scoring sites last year.

Among the report's major criticisms of Member Web sites:

One third of congressional sites still did not have a functional search engine.
Information about legislative issues with particular state or local interest was not available on 57% of Member Web sites.

A full 26% of all Member sites did not have links to sponsored or co-sponsored legislation. Of the ones that did, 23% did not reference the most current session of Congress.

Web sites were evaluated on how well they incorporate five basic building blocks which extensive research identified as critical for effectiveness: audience, content, usability, interactivity, and innovation. Using these building blocks, an evaluation framework was developed which would be fair and objective while still taking into account important qualitative factors that affect a visitor's experience. The qualitative factors included: the quality and tone of the information presented; the usability and navigability of the site; its look and feel; and the degree to which the information meets visitor's needs.

Click here to see the complete 2007 Gold Mouse Report as a pdf file.

Posted On: January 15, 2008

The 2008 Equal Justice Conference: Balancing Challenges and Opportunities

"The Equal Justice Conference brings together all components of the legal community to discuss equal justice issues as they relate to the delivery of legal services to the poor and low-income individuals in need of legal assistance. The emphasis of this Conference is on strengthening partnerships among the key players in the civil justice system. Through plenary sessions, workshops, networking opportunities and special programming, the Conference provides a wide range of learning and sharing experiences for all attendees."

"Pro bono and legal services program staff, judges, corporate counsel, court administrators, private lawyers, paralegals, and many others attend this event. The title and theme of the 2008 Equal Justice Conference is: Pursuing Justice: Balancing Challenges and Opportunities. The main Conference will celebrate the ongoing collaboration between pro bono and legal services; explore additional partnerships that must be created, the resources that must be tapped, and the new issues facing clients."

For more information see the Conference website at

Posted On: January 15, 2008

Homeland Security: The Real ID Final Rules Are Out



Office of the Secretary

6 CFR Part 37

Docket No. DHS-2006-0030
RIN 1601-AA37

Minimum Standards for Drivers' Licenses and Identification Cards Acceptable by
Federal Agencies for Official Purposes

AGENCY: Office of the Secretary, DHS.

ACTION: Final rule.

The Department of Homeland Security is establishing minimum standards
for State-issued drivers' licenses and identification cards that Federal agencies would
accept for official purposes on or after May 1 1,2008, in accordance with the REAL ID
Act of 2005. This rule establishes standards to meet the minimum requirements of the
REAL ID Act of 2005. These standards involve a number of aspects of the process used
to issue identification documents, including: information and security features that must
be incorporated into each card; application information to establish the identity and
immigration status of an applicant before a card can be issued; and physical security
standards for facilities where drivers' licenses and applicable identification cards are
produced. This final rule also provides a process for States to seek an additional
extension of the compliance deadline to May 1 1, 2011, by demonstrating material
compliance with the core requirements of the Act and this rule. Finally, taking into
consideration the operational burdens on State Departments of Motor Vehicles, this rule
extends the enrollment time period to allow States determined by DHS to be in
compliance with the Act to replace all licenses intended for official purpose with REAL
ID-compliant cards by December l, 2014 for people born after December 1,1964, and by
December 1,2017 for those born on or before December 1,1964.

DATES: Effective Date: This rule is effective [INSERT 60 DAYS AFTER DATE OF

Compliance Dates: Extensions: Effective May 11,2008, Federal agencies cannot accept drivers' licenses or identification cards for official purposes, as defined herein, from States that have not been determined by DHS to be in compliance with the REAL ID Act unless a State has requested and obtained an extension of the compliance date from DHS. States seeking extensions must submit a request for an extension to DHS no later than [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Effective December 31, 2009, any initial extension will terminate unless a State, no later than October 11, 2009, submits to DHS a request for an additional extension and certification that the State has achieved the benchmarks set forth in Appendix A to part 37. Effective May 11, 2011, drivers' licenses and identification cards will not be accepted from States that are not in full compliance with the provisions of REAL ID.

Enrollment: Effective December 1,20 14, Federal agencies cannot accept drivers'
licenses or identification cards for official purposes, as defined herein, from any
individual born after December 1, 1964, unless DHS has determined that the issuing State
is in compliance with Subparts A through D of this rule and the card presented by the
individuals meet the standards of this rule. Effective December 1, 2017, Federal agencies


To see the complete Rules click on the links below. A word of caution. Because the files are quite large it has been necessary to divide this document into two parts:

To see the first part of the Rules (4.2 MB PDF) click here

To see the second part of the Rules (5.6MB PDF) click here


Want to Fly? Get Real ID by Ben Bain.

Posted On: January 14, 2008

December 2007 Content Release of HeinOnline

December 2007 Content Release

The December 2007 content release added 1.4 million pages of legal information to our collections, bringing the total number of pages in HeinOnline to more than 33 million. Below are descriptions of the more prominent content that was released.

Law Journal Library

Trends in Law Library Management and Technology

The article Collecting and Sharing at the Maryland State Law Library was published in Trends this December. It discusses the two primary tasks that libraries perform; collecting and preserving information and then sharing that information with users. In the last two years the Maryland State Law Library has used these roles as its strategic guide. With an eye towards technology, the Library has undertaken physical and digital preservation initiatives and the collection of new material. It has also launched new services to enhance public access to the collection, especially by off-site users. A description of these initiatives and services is included in the above Trends article.

U.S. Congressional Documents Collection &
U.S. Federal Agency Library
U.S. Congressional Documents Collection

This collection continued to expand last month with the inclusion of two distinguished sets and a historic journal. Also, eleven additional years were added to the Congressional Record Bound, and the years 1994-2002 were added to the Congressional Record Daily.

Journal of William Maclay United States Senator from Pennsylvania, 1789 to 1791

This journal gives a graphic description of the debates, ceremonies, and social life of that important period of our national history.

Diplomatic Correspondence of the American Revolution; Being the Letters of Benjamin Franklin, Silas Deane, John Adams ... Concerning the Foreign Relations of the United States During the Whole Revolution; Together with the Letters in Reply... .

Both the first edition, a 12-volume set published in 1818, and the second edition, a 6-volume set published in 1857, were added to the U.S. Congressional Documents Collection. These sets contain the correspondence between the old Congress and the American agents, commissioners, and ministers in foreign countries during the American Revolution.

U.S. Federal Agency Library

The first section of the newest HeinOnline library is now available. This library contains the official case law of some of the United States' most important government institutions. The initial release included titles such as Administrative Decisions under Immigration and National Laws, Reports of the Tax Courts of the U.S., SEC Decisions, and many more. For a list of all titles contained in the first release or for pricing information, please email us at

Posted On: January 10, 2008

New York Supreme Court Appellate Division 4th: New Titles

To see the January 2008 list of new titles acquired ny the State of New York Appellate Division Library 4th Department click on the link below:

List of New Titles January 2008

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Posted On: January 10, 2008

Wisconsin State Law Library Newsletter - January 2008

The January issue of WSLL @ Your Service has been published at In this issue:

* State Law Library Catalog Debuts New Look, New Features
* Using the New "Preferred Search" Feature of the Catalog
* Got Milk? How About a Library Card?
* This Just In... "New Titles" Lists
* WSLL, MLRC & DCLRC Exhibit at Solo/Small Firm Conference
* Learn @ the Law Library: Upcoming Classes
* Odds 'n' Endings: January Notables

Posted On: January 10, 2008

Recent Publication Announcements Received

The following are some of the recent publication announcements received by the New York Supreme Court Criminal Term Library:


Leadership for Lawyers, Second Edition

By Herb Rubenstein
Enhance your leadership skills this year! This new book explains various theories of leadership, provides practical advice on how to become a better leader, and shows how increasing leadership development education and training could significantly improve the legal profession as a whole. It identifies the various brands of leadership that authors and business men and women have been teaching and practicing, pointing out the strengths and weaknesses of each.

The Lawyer's Guide to Balancing Life and Work: Taking the Stress Out of Success

By George W. Kaufman
Will 2008 offer a less stressful, more fulfilling life? Author, lawyer and lecturer George W. Kaufman shows how to lead a more inspired life through tested approaches, practical examples and interactive exercises. The book and accompanying CD will help you meet the demands of the legal professions while achieving life satisfaction, identify personal stressors and managed them, live your values and develop an action plan for effective change.

The Lawyer's Guide to Buying, Selling, Merging, and Closing a Law Practice

Edited By Sarina A. Butler, Richard G. Paszkiet
If you are considering buying, selling, closing, or merging a law practice, this book is a valuable resource for information on things to consider before and during the process. It covers ethics, valuation, tax consequences, file preservation and more. The guide includes handy checklists, forms, sample agreements, and sample letters as well as a material from the ABA's Model Rules of Professional Conduct.

Access to Government in the Computer Age
An Examination of State Public Records Laws

By Martha Harrell Chumbler

Access to Government in the Computer Age: An Examination of State Public Records Laws
Experienced lawyers from a variety of practice areas explore the impact of technology on access to public records laws, including:

The application of public records laws to electronic data

Implications of electronic documents within the context of discovery

The interplay between access to public records and litigants' right of discovery

The delicate balance between right of public access to electronic records and the right to
personal privacy

E-mail and the determination of when this form of communication becomes a public record and the extent to which it is subject to public disclosure

Public records issues and the pitfalls that confront private entities doing business with state and local agencies

The relationship between traditional attorney work, client communication privileges, and public records laws


From Law School To Law Practice: The New Associate’s Guide, 3d Ed.

PHILADELPHIA – There’s one thing new associates, law firms, and corporate law departments can agree on – law school does not fully prepare lawyers to practice law or understand the business of law. The new ALI-ABA handbook, From Law School To Law Practice: The New Associate’s Guide, Third Edition, is an essential resource for new lawyers that gives practical, real-world advice on what law firms and corporate law departments expect from new associates.

The ALI-ABA bestseller by Suzanne B. O’Neill, Catherine Gerhauser Sparkman, and Ronald L. Jones (contributing author) provides guidance on what clients and experienced attorneys expect from new associates. The text helps new associates understand how the “business of law” relates to the practice of law in law firms and corporations; learn about the values, culture, and expectations of the law firm as a business and as a professional office; relate to clients and determine what role to assume when working with and for them; translate clients’ needs and desires into appropriate services and work products; and manage assignments and deadlines.

From Law School To Law Practice gives new attorneys pointers on how to communicate with supervisory attorneys about the progress and status of assignments; efficiently handle record-keeping duties; develop meeting skills; understand the various roles played by the corporate lawyer: legal counsel, strategic business partner, and facilitator; and work toward long-term career and business opportunities.

The authors advise attorneys entering law practice on the culture of law firms and corporate law departments. The book helps reduce the “culture shock” that often occurs during the adjustment from student life to law firm or corporate law department practice, enabling a smooth transition. For law students, it is a valuable aid in determining whether or not to enter law firm practice and in formulating questions to ask during the interviewing process.

Suzanne B. O’Neill fused her extensive experience as a client and as a consultant to law firms, as well as years as a tax and litigation practitioner, in developing descriptions of client expectations for the book, in conjunction with Catherine Sparkman. In addition, she has drawn on her years of teaching courses in client relations and in strategic market planning, as an adjunct professor in the Master of Science in Legal Administration program at the University of Denver College of Law.

Catherine Gerhauser Sparkman has represented corporate, association, government, and private clients. Ms. Sparkman serves as the Director, Government Relations, for the Association of Perioperative Registered Nurses. She has extensive private practice experience in many aspects of federal and state law, emphasizing corporate and regulatory law, employment law, and civil litigation, including hospital and managed care liability, and professional malpractice.

A former vice president, general counsel, and secretary, Ronald L. Jones draws on a wealth of experience gained during his career as in-house corporate counsel in eight different corporations in four different industries, each with their unique corporate cultures and client demands.

From Law School To Law Practice: The New Associate’s Guide, Third Edition (2008, 450 pages, softbound, Order Code BK44), is available for $69 with free shipping/handling. For more information or to order, contact the ALI-ABA Customer Service Department, 4025 Chestnut Street, Philadelphia, PA 19104-3099; call 800-CLE-NEWS (253-6397); or, with a credit card, FAX to 215-243-1664, or visit ALI-ABA’s website at Contact the ALI-ABA Office of Electronic and Print Publications at 800-CLE-NEWS (253-6397), ext. 1604, for review copies.


Keep updated on the latest Trade Mark Law developments in China.

Trademark Law in China
Pirates in the Middle Kingdom : The Ensuing Trademark Battle

Second Edition

By: Tan Loke Khoon
Partner, Baker & McKenzie, Hong Kong / China

China has taken active steps to develop a comprehensive intellectual property regime and has acceded to most international intellectual property conventions. New rules and regulations have been implemented but the application and enforcement of them remain unclear.

The second edition of Pirates in the Middle Kingdom provides a comprehensive analysis of China’s developing trademark laws. Not merely stating the relevant law, the book elaborates on how the law complies with international conventions and treaties, such as TRIPS and the practicalities of registration, use and enforcement of trademarks in China.

Application of relevant rules in regulations are neatly illustrated by case studies and useful appendices include translations of the Chinese Intellectual Property and Trademark laws, related notices and regulations and cases decided by the Chinese Supreme People’s Court.

Chapter 1 Introduction
Chapter 2 Chinese-language Marks
Chapter 3 Well-known Trademarks
Chapter 4 Administrative and Enforcement Frameworks
Chapter 5 Trademark Registration
Chapter 6 Trademark Oppositions
Chapter 7 Trademark Cancellations
Chapter 8 Trademark Licensing and Assignment
Chapter 9 Trademark Infringement
Chapter 10 Trademark Counterfeiting
Chapter 11 Enforcement of Trademark Rights
Chapter 12 Civil Litigation
Chapter 13 Domain Names and the Internet
Chapter 14 Other Intellectual Property Rights and Related Areas of Law
Chapter 15 Conclusion

Jurisdiction: China
ISBN 978 962 66132 7 6
Published: December 2007

Price: US $192


Electoral Count of 1877
Proceedings of the Electoral Commission and of the Two Houses of Congress in Joint Meeting Relative to the Count of Electoral Votes Cast December 6, 1876....

This new Hein reprint contains the proceedings of the Electoral Commission and of the two houses of Congress while they worked to resolve the disputes of the United States presidential election of 1876. The election was contested by the Democrats and Republicans alike. At issue were 20 electoral votes from the states of Florida, Louisiana, Oregon, and South Carolina.

United States Tribal Court Directory
Second Edition

This newly updated edition follows the format of the Minnesota American Indian Bar Association's tribal courts directory and contains information from courts in 32 states. This work, which is part of the AALL Publication Series, includes a well-ordered index and reference source for ease of use. .

An Exposition of Our Judicial System and Civil Procedure as Reconstructed Under the Judicature Acts Including the Act of 1876
With Comments on Their Effect and Operation

This new acid-free reprint, by W.F. Finlason, describes the Supreme Court of Judicature Acts of the late nineteenth century. These acts essentially joined together the previously chaotic British courts of Equity and Common Law. Obtain your copy of this AALS Law Books Recommended for Libraries title today!

The Marriage of Near Kin
Considered with Respect to the Laws of Nations, the Result of Experience and the Teachings of Biology

Alfred Henry Huth attempts to prove to the reader that near-kin marriages, also called consanguineous, should not be prohibited by law. He explains that these marriages are actually not genetically harmful, as the government and society deem them to be. Order your copy of this one-of-a-kind reprint from Hein today. .

The Centenary of Associate Justice John Catron of the United States Supreme Court

This acid-free reprint from Hein is a must-have for those interested in the historical and influential figures of the United States Supreme Court. This historical account of the life of Justice John Catron paints a picture of a self-taught lawyer who rose from humble beginnings, befriended fellow Tennessean and future president Andrew Jackson, and came to sit in one of the most esteemed and honored positions of this nation, United States Supreme Court Justice.

International Arbitral Law and Procedure
Being a Resume of the Procedure and Practice of International Commissions, and Including the Views of Arbitrators Upon Questions Arising Under the Law of Nations

This newly reprinted book is a great addition to your international law collection. Published for the International School of Peace, this work endeavored to present a brief analysis of nearly 650 cases brought before the international arbitral tribunals before 1910. Author Jackson H. Ralston draws principally from Moore's Digest of International Arbitrations, as well as from ten commissions in the Venezuelan Arbitrations of 1903.

Posted On: January 10, 2008

Final Report: Library of Congress Working Group on Bibliographic Control

This posting includes the Executive Summary followed by a link to the full text of the Final Report:

"The Working Group hopes that this Report is viewed as a 'call to action' that informs and broadens participation in discussion and debate, conveys a sense of urgency, stimulates collaboration, and catalyzes thoughtful and deliberate action. We anticipate broad discussion of the Report’s recommendations and their implications, and look forward to the development of specific implementation plans, research agendas, and educational programs."

In November 2006, Deanna Marcum, Associate Librarian for Library Services at the Library of Congress, convened a Working Group to examine the future of bibliographic control in the 21st century. The formal charge to the Working Group on the Future of Bibliographic Control was to:

• Present findings on how bibliographic control and other descriptive practices can effectively support management of and access to library materials in the evolving information and chnology environment;

• Recommend ways in which the library community can collectively move toward achieving this vision;

• Advise the Library of Congress on its role and priorities.

The Working Group interpreted this charge at its broadest. It considered current trends, current practices, new and emerging developments, and the growing array of participants in the evolving environment of knowledge production, distribution, and use.At its first meeting in November 2006, the Working Group decided to structure its process around a series of public meetings on the following themes:

• Users and uses of bibliographic data;

• Structures and standards for bibliographic control

• Economics and organization of bibliographic control.

While this Report is presented to the Library of Congress, it situates recommendations to the Library in the broader context of the environment in which the Library does and could function. Thus, the Report discusses and makes recommendations not only to the Library, but also to other current and potential participants in this environment. The Report is also aimed at policy-makers and decision-makers who influence the scope of operation of and constraints imposed upon participating organizations.

The Working Group envisions a future for bibliographic control that will be collaborative, decentralized, international in scope, and Web-based. The realization of this future will occur in cooperation with the private sector and with the active collaboration of library users. Data will be gathered from multiple sources; change will happen quickly; and bibliographic control will be dynamic, not static.

The Report is based on the key premise that the community is at a critical juncture in the evolution of bibliographic control and information access/provision. It is time to take stock of past practices, to look at today’s trends, and to project a future path consistent with the goals of bibliographic control: to facilitate discovery, management, identification, and access of and to library materials and other information products. Libraries must work in the most efficient and cooperative manner to minimize where possible the costs of bibliographic control, but both the Library of Congress and library administrators generally must recognize that they need to identify and allocate (or, as appropriate, reallocate) sufficient funding if they are serious about attaining the goals of improved and expanded bibliographic control.

On the Record: Executive Summary Page 2 of 44 January 9, 2008 The Working Group identified three broad guiding principles that formed the foundation for the Report and its recommendations. They are the need to redefine:

Bibliographic Control as broader than cataloging, comprehending all materials accessed through libraries, a diverse community of users, and a multiplicity of venues where information is sought.

The Bibliographic Universe beyond libraries, publishers and database producers to include creators, vendors, distributors, stores, and user communities, among others, across sectors and international boundaries.

The Role of the Library of Congress. The Library of Congress plays a unique role in the U.S. library community. Since it started distributing catalog cards, the Library has had a role as the primary source of bibliographic records for libraries in the United States. The environment within which the Library operates has changed dramatically (technological evolution and economic forces have driven the creation, production, distribution and use of information in multiple forms). It simply is neither feasible nor necessarily appropriate for the Library to continue to perform all its assumed roles—particularly when considering its own demanding legislative mandate for managing its vast and complex internal collections, services, and programs.
This Report deliberately sets broad directions for the future, rather than proposing specific implementation plans. The Report cannot address or even consider every future possibility as there are simply too many interdependencies, areas of responsibility, and spheres of influence to take into account. The Working Group views both immediate and long-term planning and implementation resulting from this Report to be a consultative, collaborative, community-based endeavor.

The recommendations in this Report fall into five general areas:

Increase the efficiency of bibliographic production for all libraries through increased cooperation and increased sharing of bibliographic records, and by maximizing the use of data produced through the entire “supply chain” for information resources.

Transfer effort into higher-value activity. In particular, expand the possibilities for knowledge creation by exposing to more users rare and unique materials held by libraries that are currently hidden from view and, consequently, underused.

Position our technology for the future by recognizing that the World Wide Web is both our technology platform and the appropriate platform for the delivery of our standards. Recognize that people are not the only users of the data we produce in the name of bibliographic control, but so too are machine applications that interact with those data in a variety of ways.

Position our community for the future by facilitating the incorporation of evaluative and other user-supplied information into our resource descriptions. Work to realize the potential of the FRBR framework for revealing and capitalizing on the various relationships that exist among information resources.

Strengthen the library profession through education and the development of measurements that will inform decision-making, now and in the future.

On the Record: Executive Summary Page 3 of 44 January 9, 2008 Each area includes a broad discussion of the issues to be examined, followed by our perceptions of the consequences of maintaining the status quo, the recommendations themselves, and the desired outcomes of those recommendations.

The Working Group anticipates U.S. leadership in bibliographic control to be a collaborative and coordinated effort on the part of the Library of Congress and other major participants. Given the expansive scope of its recommendations, this Report, while commissioned by and delivered to the Library of Congress, will be distributed broadly outside the Library. The Working Group recommends that the Library review and prioritize the recommendations that, in whole or in part, are directed to it. The Library should incorporate prioritized recommendations into its strategic and tactical plans. The Working Group also recommends that the broader library community and its constituent parts review those recommendations intended for broader consideration and coordinate priorities for participation and implementation.

The Working Group hopes that this Report is viewed as a “call to action” that informs and broadens participation in discussion and debate, conveys a sense of urgency, stimulates collaboration, and catalyzes thoughtful and deliberate action. We anticipate broad discussion of the Report’s recommendations and their implications, and look forward to the development of specific implementation plans, research agendas, and educational programs.

Final Report Library of Congress Working Group Bibliographic Control

Posted On: January 9, 2008

Q&A: Blog Policy


If anyone has a blog policy they wish to share, we would appreciate it.


Although not policy, here is an excerpt of some pertinent guidelines from Alaska:

Personnel Rule C10.03 provides in pertinent part:

No employee of the Alaska Court System may directly or indirectly:

* * * *

▪ Restrict or attempt to restrict after-working hours statements, pronouncements or other activities not otherwise prohibited by law or personnel rule, of any Alaska Court System employee, if the employee does not purport to speak or act in an official capacity. (However, in accordance with Judicial Canon 3A(6), court system employees should abstain from public comment about a pending or impending proceeding in any court. (AS 39.26.010).)

Canon 3B(9) of the Code of Judicial Conduct provides as follows:

A judge shall not, while a proceeding is pending or impending in any court, make any public comment that might reasonably be expected to affect its outcome or impair its fairness, or make any nonpublic comment that might substantially interfere with a fair trial or hearing. The judge shall take reasonable steps to maintain and insure similar abstention on the part of court staff subject to the judge's direction and control. This Section does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. This Section does not apply to proceedings in which the judge is a litigant in a personal capacity.

To remain in compliance with these rules, you should observe the following guidelines:

• You may not post comments on your blog about pending or impending cases from a court system computer or during work hours. If you choose to post comments about a pending or impending case from a private computer during non-work hours, you should be certain that the comments cannot reasonably be expected to affect its outcome or impair its fairness. Keep in mind that a case is considered pending until all appeal avenues have been exhausted by the parties.

• You may not disclose any confidential information learned during your employment by the court system. Keep in mind that it is possible for you to disclose confidential information on your blog even if you do not reveal the names of the parties. For example, a person may know that his or her student or neighbor was involved in a CINA proceeding on a certain day. If your blog discusses details of the CINA hearing held on that day, that person would learn information that was confidential by law, even though you did not post the name of the juvenile.

• You may not post comments on your blog that violate the conduct-related policies contained in the court rules, administrative bulletins, personnel rules, or procurement guidelines. An example would be the prohibition on discrimination and harassment contained in Personnel Rule C10.04.

And a Second Response:

The critical question is "Is court employee blogging a unique type of
communication medium, employee behavior, or employment situation that calls
for a separate policy?" In my view, unless officially sanctioned by the
court as part of its operations, blogs, wikis, social networking, group
shareware and other new forms of online discourse are individual
interactions, not court communications. Existing rules and regulations
should suffice to cover individual actions, no matter what the media. For
example, blogging on court time falls under the same rules as emailing or
cell phone texting on court time.

If you believe employees may need a reminder, a simple addition to the
employee rules such as the following may be all that is needed: As a
condition of your employment, you agreed to abide by the policies, rules,
and regulations of the court. This also applies to your blogging, as well as
other online communications. We suggest you take time to review the section
of the [employee handbook] entitled [employee responsibilities].

That said, if a blog is sanctioned by a court, it would be covered by
policies, rules and regulations as court websites.

An excellent resource on the subject is the online Your Guide to Corporate

Posted On: January 4, 2008

News from American Libraries Direct

Here are some highlights from the January 3, 2008 issue of American LibrariesDirect.

National Film Registry selections for 2007
Librarian of Congress James H. Billington on December 27 named 25 motion pictures—classics from every era of American filmmaking—to the National Film Registry of the Library of Congress, including Bullitt, Close Encounters of the Third Kind, Grand Hotel, Oklahoma!, and 12 Angry Men. The selections were made as part of a program aimed at preserving the nation’s movie heritage. This year’s selections bring to 475 the number of motion pictures in the registry....
Library of Congress, Dec. 27

You mean I can’t throw these out?
Marc Meola writes: “James Cortada, a historian of computing who works for IBM, has a nice screed at the American Historical Association that heaps a bit of anger on us lil’ old academic librarians. Fresh from reading Nicholson Baker and full of Google digitization anxiety, Cortada charges that a new spectre is haunting libraries: heartless librarians ruthlessly discarding old PC-DOS manuals. Apparently no one told Cortada that when librarians discard books it’s called deselection.”...
ACRLog, Dec. 18

Thomas Jefferson’s library added to LibraryThing
Tim Spalding writes: “An unusual member has finished adding his 4,889 books to LibraryThing—the third president, Thomas Jefferson. He was assisted by 16 LibraryThing members, who worked from scholarly reconstructions of Jefferson’s 1815 collection, tracking down records in 34 libraries around the world. As is well known, Jefferson sold his books to the Library of Congress, replacing the one the British destroyed during the War of 1812.”...
LibraryThing blog, Jan. 1

From virtual reference to participatory librarianship
R. David Lankes discusses the possibility of moving virtual reference toward participatory librarianship. He suggests that VR can be done by answering questions using pools of expertise provided by different sources. Librarians are one type of source. Users might also be able to see the answers to their questions coming from different sources with different contexts and points of view....
ASIS&T Bulletin 34, no. 2 (Dec./Jan.)

DLF to survey moving-images archives
With support from the Andrew W. Mellon Foundation, the Digital Library Federation has begun an environmental scan of traditional moving-image archives, major public and university libraries, museums, and other cultural institutions (such as public television broadcasters) with significant film and video collections in the United States. The goal of this project is to summarize which moving-image collections are potentially available for digitization, with an emphasis on open access to increase the volume of online content for teaching and learning....
CLIR Issues 60 (Nov./Dec.)

Do you live in a literate city?
Jack Miller, president of Central Connecticut State University, has once again released his rankings of America’s Most Literate Cities, based on six key indicators of literacy: newspaper circulation, number of bookstores, library resources, periodical publishing resources, educational attainment, and internet resources. The library stats are based on the FY 2005 Public Libraries Survey and Library Statistics Program, released by NCES in 2007....
America’s Most Literate Cities

Sexy librarians will help you upload videos to YouTube
Marshall Kirkpatrick writes: “Imagine a future when you go to the library with a five-minute video you’ve just made about last night’s Presidential debates and that librarian says to you: ‘You should upload it to YouTube and tag it with these four tags—two broad and two more specific to existing communities of interest on YouTube and the topic of your video. Then you should embed that video in a blog post along with some text introducing it and linking to some of your favorite posts by other people who have also written about the debates.’”...
ReadWriteWeb, Dec. 20

Retail and publisher metadata
Karen Coyle writes: “There’s been talk and action lately around libraries making use of data provided by publishers or retailers. We need to do some serious studies of bibliographic metadata created outside libraries. For example, libraries use the title on the title page, while others focus on the cover title. Retailers and publishers use the form of the author’s name on the book itself and do not concern themselves with unique identification.”...
Coyle’s InFormation, Nov. 30

NYPL to get a façadelift
The New York Public Library is undertaking a three-year restoration of the Fifth Avenue façade of the historic building now formally known as the Humanities and Social Sciences Library. The project will include a complete cleaning of the building’s Vermont marble, repair of almost 3,000 cracks, protection and preservation of the many sculptural elements, and repair of the building’s roof, stairs, and plazas. The restoration will be completed in time for the building’s centennial in 2011....
New York Public Library, Dec. 20

Evolution of the card catalog
Larry Nix offers a timeline of card catalogs from 1789 to 1925. Did you know that Harvard College Librarian Thaddeus William Harris (right) made the first reference to a card catalog in an American library in 1840? It was called a “slip catalogue” back then, and it was in use at Harvard until 1912....
Library History Buff

What do you know about copyright?
’Brary Web Diva Kelli Staley summarizes the results of her Survey Monkey survey on copyright and libraries. She asked members of the Rutgers Online MLIS program, Rutgers’ LISSA mailing list, PubLib discussion list, the SLA-Illinois mailing list, and readers of her blog to participate. Staley found that nearly 80% thought that in order to get a copyright, the author must publish the work (incorrect)....
’Brary Web Diva blog, Dec. 4

To see the entire issue, click here.

Posted On: January 4, 2008

2007 End of Year Report on the Federal Judiciary

The following is an excerpt followed by a link to the actual document:

"...Americans should take enormous pride in our judicial system. But there is no cause for complacency. Our judicial system inspires the world because of the commitment of each new generation of judges who build upon the vision and accomplishments of those who came before. I am committed to continuing three of my predecessor’s important but unfinished initiatives to maintain the quality of our courts.

First, I will carry on the efforts to improve communications with the Executive and Legislative Branches of government. The Constitution’s provision for three separate but coordinate Branches envisions that the Branches will communicate through appropriate means on administrative matters of common concern. Each has a valuable perspective on the other. The Branches already engage in constructive dialogue through a number of familiar forums, including the Judicial Conference, congressional hearings, and advisory committee meetings. But the familiar avenues are not necessarily the only ones..."

Full Report: 2007 End of Year Report of the Federal Judiciary

Posted On: January 4, 2008

The Prennial Issue: Library Funding

The following is a question regarding alternative approaches to library funding and a summary of responses to that question.


“The perennial issue - law library funding. Beyond civil filing fees, has any law library tried other avenues for funding, for example, a portion of the attorney registration fee, or other vehicle? I am interested whether or not the attempt was successful.”


I. Checklist Summary of Considered Funding Sources

 fee for service program
 filing/court fee paid including district court, criminal, civil, small claims, traffic, probate
 mandatory annual law library attorney registration fee for all attorneys with an active state license who have their office in the county

 membership or subscription library

 law library fee from designated offenses and fines, including natural resources, traffic and truck/common carrier violations

 miscellaneous monies from copy/fax/printing services, room rentals

II. Digested Responses:

1) A California public law library: Provides copiers and faxing services. Also has a fee for service program in which patrons (normally firms) may join Interlibrary Loan Retrieval Service on a sliding scale, depending on the number of attorneys in the local office of the firm. For the fee, they may call us and ask for materials to be pulled from the shelves and prepared for messenger pick-up. There are some other services as well. For firms with 9 or less attorneys, we provide the services for free. This nets us about $85,000-$90,000 a year - not major considering all our expenses but every little bit helps.

Our public law library was created by state law that provided not only for filing fees as the funding mechanism but also required the city and county to provide quarters, salaries and benefits for three positions, utilities and some miscellaneous expenses, so we have an appropriation for those each year.

We have not tried to get either local bar or state bar voluntary contribution check-offs on their fee statements because there are so many other interests within those organizations that need and want voluntary contributions that we do not want to be competing for their dollar and probably wouldn’t be included if we asked.

2) In Kansas, county law libraries can receive up to from $7 to $10 from just about every filing/court fee paid including district court, criminal, civil, small claims, traffic, probate etc. Our county also has a mandatory $75 annual law library attorney registration fee for all attorneys with an active state license who have their office in the county or who reside in the county and practice in another state. The clerk of court, under statutory authority, won't file pleadings of attorneys who are not registered so we get good compliance. We get our list of attorneys from the clerk of the supreme court. This year our county also got additional fee authority to receive up to $4 more per case with a filing fee surcharge but our county hasn't asked for the extra funding yet.

3) By statute, all of the attorney's registration fees go to the library fund. Unfortunately, we're stuck at $10 per year per attorney and my trustees won't let me raise that. (The statutes let us go up to $75 per year.) For years they hardly spent any money and we have an extremely capable court clerk who invests the money wisely. That's given us a surplus that the trustees use as an excuse to not raise the attorney's fees. I know we could have worse problems but it's more than a matter of bringing in money. I think if attorneys paid more for the library they would value - and use - it more.

4) Some county law libraries charge an annual borrower's fee. We charge an annual membership fee to attorneys who use our resources. The public can enter for free with referrals from the Free Library, the federal and court libraries and from any public service agency. So, we feel that we are still providing equal access to justice for them. This way, only those who have a legitimate legal research need visit. We charge $5/day for members of the general public who are not attorneys but let them know when they enter that they can go to these organizations for a referral.

5) Many county libraries in Maryland use attorney appearance fees for part of their funding. We also get forfeited bonds and get money from the county in supplement to our filing fees and bond forfeitures.

6) The Membership Subscription Law Librarians Round Table is a group of public and bar association law library directors, most of whom use some sort of user fee as part of their financing.

7) We as of yet have not gone the Bar Association fee route, though it is mighty tempting. I'm holding out until we desperately need an influx. To help boost the civil filing fees we have created other service based revenue streams. Our County Board saw the need / wisdom in immediately increasing the fee to the [statutory] maximum $13 per civil filing when the legislation passed.

We have a few other miscellaneous revenue streams. We usually gather 10%-15% of our overall revenue in this piecemeal fashion.

8) Our filing fees are on district and circuit court cases whether they are filed in a civil or criminal court. Fees are collected and deposited by the clerk's office directly into our account so there isn't a collection problem.

9) When I was on the County Law Library Task Force in 2005, the major issue was funding. The report identified the possibility of charging attorneys' bar membership fee to fund the law library. I kept on reminding our lobbyist in Sacramento to follow up but it has not happened.

10) Right now, Ohio funds its law libraries out of a portion of its traffic fines and has done so since at least 1953. We get part of traffic citations (on designated sections) written by the State Highway Patrol (SHP) and any citations written under certain Ohio Revised Code sections. This means some libraries get a great deal of money and others get shorted. Counties that have a lot of Interstates that are under the jurisdiction of the SHP and counties that don't have cities with ordinances get a pretty good return. Counties that have big cities lose out, because the cities cite under their own ordinances and the law libraries get none of that revenue.

11) In Minnesota, there is a county law library statute, Chapter 134A, which allows collection from criminal and petty misdemeanor fines. In some cases, this fine is waived (public defender client, or judge decides at sentencing not to impose), but our law library receives the bulk of its income (over 70%) from a criminal law library fine/fee, not civil fees. The fine/fee amounts for both civil and criminal matters are established by the Board of Trustees of the law library and approved by the County Board of Commissioners.

[Some court districts, for example the Eighth District (, provide for a $10.00 or $15.00 law library fee from designated offenses and fines, including natural resources, traffic and truck/common carrier violations.]

12) I have tried to push for: 1) attorney registration fee portion directed toward library, 2) paid Westlaw access and 3) asking the local bar to make an annual contribution in exchanges for some additional services or discounts. #1 was never implemented although everyone was approving of the idea. #2 did not work so we offer Westlaw for free for now. #3 did not even go pass the court's executive committee. We offer paid fax service (using court administration fax) but it doesn't generate any significant amount of money.

III. Publications Mentioned in Responses:

Funding Sources for Law Libraries Serving Local Jurisdictions (SCCLL website):

Sourcebook for Law Library Governing Boards and Committees Written and compiled by the Trustees Development Committee, State, Court, and County Law Libraries Special Interest Section, American Association of Law, Littleton, Colo.: F.B. Rothman, 1994. [H]as a chapter on the statutes used to create law libraries in each state and part of that analysis includes the different types of funding and governance.

California County Law Library Task Force Report:
Scroll down to report in HTML or PDF.

Alternative Funding Sources, considered by the Task Force, that were not approved as viable options. (See Appendix, page 1.)

 Assessment of a portion of court sanctions
 Assessment of a portion of traffic fines
 Secretary of State corporate filing fee surcharge
 Fictitious name filing fee surcharge
 Marriage license fee surcharge
 Recorded documents fee surcharge
 Vehicle registration surcharge
 Driver’s license surcharge
 Other DMV fee surcharges

IV. FYI: Examples of going rates for charges and fees
These figures represent selected charges and fees from public law libraries. I collected them over the last two years from list responses and library websites.

Membership libraries

Attorneys: $45.00 yearly membership + $50.00 deposit
Attorney : $55.00 for each attorney in county
Individual: $50.00/year + $125.00 security deposit

Firm: $50 x total county-based attorneys in the firm.
Corporate: $200.00/year + $400.00 security deposit

Non-attorneys: $10.00 yearly membership + $50.00 deposit
Non-attorney: $40.00/item limit of 2 items & 2 transactions/yr.
Non-attorney: $55.00/yr. for county resident

Photocopying (self-serv) charges
Range: between $.10 and $.25/page.

Overdue fines
Range: $ 1.00/day/piece to $ 5.00/day/piece
Special Loan: $ 25.00 /day/piece

Other fine charges:
If not replaced: $150.00 per title
Processing Charges: $ 70.00 per title
Binding charge (if applicable) $ 25.00 /vol.

Faxing and computer network printing charges:
Network printing: $.20/page to $.25/page
Faxes (Transmitted or Received) $1.00 per page
Copy and Fax: $5.00/cite + $1.00/pg
Copy Requests: $.15/printed page, $.30/microform page, transaction charge: $8.00
Photocopies by mail: $.25/page
Photocopies by fax: $1.25/page
Disk purchase: $1
Email service: $3 per cite

Room rental fees
$40.00 half day/$60.00 full day
State-of-the-art computer-training center: 1/2 day (4 hours) $300 -- Full day $500
Meeting room: $10 per hour

Posted On: January 4, 2008

ABA Journal Weekly Newsletter Highlights

Top Ten Stories in January 4, 2008 issue:

Lawyer Pay
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"A researcher studying the impact of beauty has found that good-looking lawyers--like other professionals--make more money than their colleagues with lesser looks. Economist Daniel Hamermesh of the University of Texas based his conclusion on the photographs of graduates of an unnamed law school. Those rated attractive in the photos went." Click here to see this article.


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