Posted On: February 29, 2008

News From ALA: American Libraries Direct

February 27, 2008.

Supreme Court rejects wiretapping suit

"The U.S. Supreme Court declined February 18 to consider whether plaintiffs who believed they had been spied on without a court order could challenge the legality of such surveillance without tangible proof—even if the proof is classified as a state secret. The rejection of the ACLU v. NSA appeal came two days after the expiration of the Protect America Act, which from August 2007 until February 16 legalized warrantless eavesdropping on phone and internet communications to U.S. homes, workplaces, libraries, and elsewhere...."

It’s official: SMU chosen for Bush library site

"The board of trustees of Southern Methodist University unanimously approved an agreement with the George W. Bush Library Foundation February 22 to locate the presidential library and policy institute on its Dallas campus. The agreement, which followed more than a year of negotiations, states that SMU was chosen over seven other competitors...."

Another power play in Boston

"Boston Mayor Thomas M. Menino has informed Boston Public Library President Bernard Margolis that the city will take control of the library’s nearly 200 trust funds—private contributions and bequests totaling about $54 million—to better monitor how the money is spent. The plan has incensed Margolis and some of his allies, who say it could have a chilling effect on donors and even lead to the money being spent outside the library system....
New York Times, Feb. 26"

Black history treasure trove at Temple University

"The Charles L. Blockson Afro-American Collection at Temple University in Philadelphia contains more than 30,000 historical items, some dating to the 16th century. It includes Paul Robeson’s sheet music, African Bibles, rare letters and manuscripts, slave narratives, correspondence of Haitian revolutionaries, and a first-edition book by W. E. B. DuBois. The collection has grown so much since Temple acquired it 25 years ago that it moved into a larger space on campus this month...."

FCC grills Comcast in net neutrality hearing

"FCC chief Kevin Martin February 25 targeted Comcast’s contention that delaying peer-to-peer file-sharing traffic serves user interests, appearing to sympathize with the cable company’s critics. Through pointed questioning at a public hearing (although Comcast tried to stack the audience) at Harvard Law School in Cambridge, Massachuetts, Martin seemed to be pushing a two-pronged agenda: Internet service providers should be as transparent as possible about manipulating network traffic, and consumers should have the freedom to get what they pay for....
C|Net news blog, Feb. 25; Computerworld, Feb. 27"
Associated Press, Feb. 23

Information isn’t reserved for books

"Research librarians say their powers have been unfairly dismissed in the online age. Not only can they outsmart Google’s dead ends and weaknesses, librarians say, but they can help people surf faster and smarter by showing them hidden databases and tricks. “It’s one of the most misrepresented professions,” said Saima Kadir, a reference librarian with the Houston Public Library...."

10 emerging technologies 2008

"Technology Review presents its list of the 10 technologies that are most likely to change the way we live. Find out more about modeling surprise, probabilistic chips, nanoradio, wireless electricity (shades of Nikola Tesla!), offline web applications, graphene transistors for speedier computer processors, and reality mining (learning human behavior through cell-phone user data)...."
Technology Review, Mar./Apr.
Houston Chronicle, Feb. 22

The life cycle of a blog

"Frank Rose writes: “You have a blog. You compose a new post. You click Publish and lean back to admire your work. Imperceptibly and all but instantaneously, your post slips into a vast and recursive network of software agents, where it is crawled, indexed, mined, scraped, republished, and propagated throughout the Web. Within minutes, if you’ve written about a timely and noteworthy topic, a small army of bots will get the word out to anyone remotely interested. Here’s how the whole process goes down.”..."
Wired 16, no. 2 (Feb.)

To see complete issue of American Libraries Direct with links to articles included, click here.


Posted On: February 29, 2008

Status of New Library of Congress Class Schedule for Indians (Indigenous Peoples in the Americas)

QUESTION:

Does anyone know when this new schedule is coming out?

Library of Congress classification schedule KIA - KIX for Law of the Indigenous Peoples in the Americas.

ANSWER:

The Library of Congress classification schedule KIA - KIX for Law of the Indigenous Peoples in the Americas is currrently under development and it is not anticipated to be available before March 2009. Questions or comments may be sent to cpso@loc.gov

Posted On: February 29, 2008

Ten Top Stories from the ABA Journal Weekly Newsletter

February 29, 2008:

Our Top Ten Stories of the Week
Law Firms
Large Law Firms Prepare for a Slower Year
Feb 25, 2008, 05:51 am CST

"Large law firm leaders and consultants say legal work is slowing in several segments, leading them to expect a less than stellar year in 2008. Last year was a boom time for many firms, which saw revenue growth of more than 10 percent on average...."

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Law Firms
Loss of Bankruptcy Rainmaker Shows Weil Gotshal 'Time Warp'
Feb 25, 2008, 06:38 am CST

Lawyer Pay
Top In-House Lawyers Make $645K, Survey Says
Feb 26, 2008, 05:54 am CST

U.S. Supreme Court
Supreme Court Finds No Per Se Rule Against 'Me, Too' Evidence
Feb 26, 2008, 09:34 am CST

U.S. Supreme Court
Linda Greenhouse To Take N.Y. Times Buyout
Feb 27, 2008, 05:13 pm CST

Work/Life Balance
How Alston & Bird Improved Retention by 6 Percent
Feb 25, 2008, 01:06 pm CST

Lawyer Pay
Salary Wars Pit Associate Pay Against Partner Profits
Feb 27, 2008, 05:31 am CST

Patent Law
Troll Tracker Outs Himself, $15K Reward Remains Unclaimed
Feb 26, 2008, 06:23 am CST

Legal Ethics
New York AG Asks 124 School Districts for Law Firm Payment Info
Feb 25, 2008, 05:23 pm CST

Alternative Dispute Resolution
Fla. School Bd. Tells Warring Supt. & Bd. Attorney: Get Help
Feb 27, 2008, 04:09 pm CST


Posted On: February 29, 2008

How to Build Your Own Wikipedia

"Wikis are useful business tools. With planning and some staff time, you can make your own online collection of useful articles, tailored to your organization's needs, to communicate about business processes, manage collective know-how and more" Since many libraries, including law libraries, have expressed an interest in incorporating wikis into their progrrams and services , we have included a link to the article: "How to Build Your own Wikipedia," by Margaret Locher, CIO, February 27,2008. This is a "hands on" article which addresses issues many of us are beginning to encounter. Comments are welcome.

Posted On: February 29, 2008

Implementing Virtualization: Techniques and Tools for Microsoft Windows

From Symantec

Summary:

Most IT professionals know or suspect that virtualization of computer systems may have an important role in their organization’s evolving infrastructure – though where and how are likely under investigation. Some organizations will decide that virtualization isn’t necessary. Others will find that they want to implement it in places, but not across the board. Sill others will move to implement it on a large scale. For those who decide to implement virtualization, the question is how to do it. Many people are not aware that a number of conversion tools and techniques are available now in the Microsoft Windows environment.

This paper focuses on these tools and techniques and presents a variety of scenarios for using them. First, several misconceptions about virtualization and hardware, management, resources and utilization are pointed out, then considerations are presented on when and how to implement virtualization.


See Virtulization Techniques White Paper by clicking here

Posted On: February 28, 2008

International Organization for Standardization (ISO): Standards Under Consideration

ISO (International Organization for Standardization) is the world'd largest developer and publisher of international standards. Many of these standards relate to matters of interest and concern to law libraries and law librarians. Part of their process for standards development is to prepare drafts to various interested groups for comment and review. The following are among the standards currently under review by various groups, including the American Association of Law Libraries.:*

ISO TC 46 Open Ballots
These ballots are in progress. Please send your vote and comments to: nisohq@niso.org

ISO/DIS 23081-2, Information and documentation -- Records management processes for Metadata -- Part 2: Conceptual and implementation issues
Ballot closes: 2008-06-18
Comments due to NISO: 2008-06-04
See proposed standard

ISO/DTR 28118, Information and documentation -- Performance indicators for national libraries
Ballot closes: 2008-05-04
Comments due to NISO: 2008-04-18
See proposed standard

ISO/CD 27729, Information and documentation -- International Standard Name Identifier (ISNI)
Ballot closes: 2008-04-26
Comments due to NISO: 2008-04-11
See proposed standard

ISO/CD 26324, Information and documentation -- Digital Object Identifier (DOI)
Ballot closes: 2008-04-24
Comments due to NISO: 2008-04-10
See proposed standard

ISO/CD 690, Information and documentation -- Guidelines for bibliographic references and citations to information resources
Note: Note: This revision combines the two parts of the previous standard.
Ballot closes: 2008-04-23
Comments due to NISO: 2008-04-09
See proposed standard

ISO/DIS 8459, Information and documentation -- Bibliographic data element directory
Ballot closes: 2008-04-02
Comments due to NISO: 2008-03-19
See proposed standard

For more information regarding ISO (International Organization for Standardization) click here.
____________________________________

* Many thanks to Andrea Rabbia, AALL OBS-SIS Chair for bringing this information to our attention via e-mail.

Posted On: February 28, 2008

New York Supreme Court Appellate Division First Department Slip Opinions 02-28-2008

To see the New York Supreme Court Appellate Division First Department decisions (including index) released on February 28, 2008, click on the links below:

Index of Slip Opinions 02-28-2008

Slip Opinions 02-28-2008

In Matter of William Jarblum


Posted On: February 27, 2008

NYCRR Sections Affected March 2008

List of Sections Affected of the Official Compilation Codes Rules and Regulations of the State of New York (NYCRR). James R Sahlem, Principal Law Librarian, New York Supreme Court Library at Buffalo, is the Compiler of this ongoing work. The following is from his introduction:


PURPOSE

The following citator is intended to “fill the gap” in NYCRR, both print and electronic format. It covers the most recent ten-month period. It is designed to be printed and stapled and left at the end of your NYCRR or retained in e-format as a back-up to electronic research. Hopefully, this will demonstrate that the long-standing NYCRR gap problem can be cured. I will be providing twice-monthly cumulative updates. Those familiar with the CFR- LSA will have a good analogy.


PROCEDURE

Simply locate the pertinent title and section and consult this citator under that same title and section. If there is no entry, the reg has not been changed during the “gap” period. If an entry is found, it will be either a proposal “P”, or an action. Actions may include additions “Ad”, amendments “Am”, repeals “Rep”, re-numberings “Ren”, or combinations. “E” designations are emergency actions. Actions will have an effective date provided in the second-last column, while proposals will not. Those actions having effective dates earlier than their register publication are in bold . The last column will give the register reference by date and (in parentheses) the page on which it appears. Register pages are available at www.dos.state.ny.us/info/register.htm
.
This attachment may be forwarded freely to anyone who might benefit from it. Questions may generally be resolved by examining the New York Register entry referred to in the last column. Failing that, questions, comments or suggestions may be forwarded to jsahlem@courts.state.ny.us. Sections are arranged to the level of section and subsection only; lower level references are given in the adjoining column, in chronological order. Only register references which impact a specific NYCRR title and section are included; table references, rate schedules, waiver requests, etc. are not included.

SUPPLEMENTATION

Each monthly update adds the most recent register references and deletes the oldest month, thereby providing a “rolling” ten month coverage period. Proposals not acted upon will be retained for a full year, at which time they are deemed expired in any case. Mid-month updates add either two or three weeks of coverage with no deletions. Each update is cumulative for its coverage period. Any and all earlier updates should be discarded or deleted. Archival copies will be saved and are available on request.

See entire text of March 2008 Cumulative Supplement by clicking on link below:

NYCRR Sections Affected March 2008

Posted On: February 27, 2008

New York Supreme Court Appellate Division First Department Slip Opinions 02-26-08

To see the New York Supreme Court Appellate Division First Department decisions (including index) released on February 26, 2008, click on the links below

Index of Slip Opinions 02-26-08

Slip Opinions 02-26-08

In Matter of Louise Brown

NFL Enterprises, LLC v. Comcast Cable Communications

People v. Roy Gray


Posted On: February 27, 2008

ABA Publications Information

Information regarding selected publications of the American Bar Association received in February 2008:

Essential Rules for the Deponent
You need to prepare your client for a deposition. Preparation is the key to successfully reconstructing what did or did not happen in the case. How many rules are there for a witness in a deposition? What are the essential dos and don'ts for the deponent? Don't head into your next deposition without reviewing the essential rules.


Individual Responsibilities
To be effective in decision-making and oversight activities, a director must understand the corporation's operations, including its areas of business and the competitive environment in which it operates. This knowledge enables the director to evaluate independently corporate and senior management performance, to provide strategic guidance, to work with management and other directors in developing and evaluating corporate objectives and strategic plans, and to challenge, support, and compensate management as warranted.


Keys to Tax Planning
Tax planning is a major part of most estate planning, and one of the first steps in tax planning is to identify those tax decisions or options that may be useful to the client. In compiling a list of possible recommendations, consider the following suggestions.


Can One Partner Be the Dependent of the Other?
Even without a formal written agreement, lesbian and gay couples must be cautious when setting up their household. With life insurance, each will initially own his policy and then assign it to the other and have that person become responsible for all premiums. This is necessary if the parties cannot establish an insurable interest in their partner's life. Doing so removes the proceeds from the insured's estate. For one partner to claim the other as dependent, there are five claims to be met.


The Insured Stock Purchase Agreement, Second Edition
By Lawrence Brody and Stephen A. Daiker

Complete with the necessary sample forms, this guide explains the types of stock purchase agreements, including stock redemption, cross purchase, combination of redemption and cross-purchase, and wait-and-see buy-sell, along with the advantages and disadvantages of each from a tax planning perspective. It also includes numerous examples and charts plus a chapter on state law considerations, including general information on community property states and a summary of various state laws of an owner.

How to Build and Manage an Estates Practice, Second Edition
By Daniel B. Evans

Specifically tailored to the unique needs of the estates and trusts lawyers, this updated second edition of "How to Build and Manage an Estates Practice" focuses on making your practice better. Written as a "book of ideas," you'll find guidance on marketing, effective client communications, fee agreements, and ethics, including the updates to the American Bar Association's Model Rules of Professional Conduct. Whether you're a solo practitioner or a lawyer at a large firm, you'll find the tools you need to make a difference. Includes sample forms, checklists, and questionnaires on an accompanying CD.

The Family Limited Partnership Deskbook, Second Edition
By David T. Lewis and Andrea C. Chomakos

This bestselling deskbook provides expert guidance and essential forms for using FLPs and LLCs to address clients' tax and non-tax objectives. Comprehensive in scope and detail, it explains the key principles involved in planning with FLPs and provides numerous examples of typical situations along with illustrations of the practical application of each technique. It offers in-depth guidance and suggests solutions to potential problems in their use. Twenty-four sample agreements, exhibits, and other documents are discussed within the text and contained on the accompanying CD-ROM.


Computer Forensics Practice
In our electronically driven society, there are many reasons for undertaking computer forensic work. From matters involving criminal complaints, through misappropriation issues, to family court matters, computer forensics is a forensic science that can make a difference in a growing range of cases. Regardless of the specific nature of your case, it is important for counsel to understand the nature of the computer forensic process. Failure to follow a documented process can call the work into question. And by understanding the process, counsel can determine how to use it more effectively and efficiently in support of their cases.

For additional information click here.



Posted On: February 26, 2008

Electronic Hein Cites - Issue 708

Publications from William S. Hein & Co. Inc. February 26, 2008


Secret Treaties of History

Second Edition


This new edition from Hein contains nearly 1,000 "secret" treaties spanning more than 1,500 years and 150 countries. Professor Edward Grosek organizes this book into a chronological listing of 973 documents, including an informative annotated bibliography of the sources for texts of and information on these secret treaties, an essay on where to begin one's research on pre-1648 treaties to educate the in-depth treaty researcher, and an index by country for those researching secret treaties of specific countries.

Civil Liberties in Wartime

Legislative Histories of the Espionage Act of 1917 and the Sedition Act of 1918


Hein is pleased to bring researchers, for the first time in one comprehensive collection, a compilation of the legislative histories of the Espionage Act of 1917 and the Sedition Act of 1918. Editor William H. Manz includes many hard-to-obtain documents related to the laws' legislative histories, including the major bill versions, the complete congressional debate, reports and hearings.


American Interpretations of Natural Law

Published under the direction of the Department of Government at Harvard, this new reprint from Hein considers the evolution of natural law throughout the ages, from the time of James I in England, to modern-day municipal government in 1930s America. This exceptional work was "B" rated by AALS in the area of "Legal History."


Permanent Establishment in the United States

A View Through Article V of the U.S.-Canada Tax Treaty

This new title from Vandeplas Publishing provides a fresh look at Permanent Establishment in the United States using the U.S.-Canada Treaty as a case study. It illustrates a methodology that can be applied to the study of other treaty concepts.


Harvard Negotiation Law Review

Hein is pleased to announce that we have recently obtained the multi-media rights to this law review. The Harvard Negotiation Law Review provides a forum in which scholars from many disciplines can discuss negotiation as it relates to law and legal institutions. This review is aimed specifically at lawyers and legal scholars.

Posted On: February 26, 2008

Stop Criminals from Using Your Website As a Gateway to Fraud

"The Web has exploded as medium for commerce and communication, but it's also become a favorite attack vector for criminals. And while the bad guys are motivated by money, the damage they wreak transcends the balance sheet: loss of reputation, lawsuits, loss of investor confidence and sometimes crippling liability."

"Click below to get a new whitepaper from FinJan that highlights the new techniques hackers use to infiltrate your networks, with critical steps you can take to prevent them by using real-time content inspection technologies."

From: CIO Security Alert, February 23, 2008

Stop Criminals from Using Your Website As A Gateway to Fraud

Posted On: February 26, 2008

User Created Lists on WorldCat.org Made Available as RSS Feeds

From: OCLC Updates. February 26, 2008.

WorldCat.org users who want to keep tabs on lists of items created by fellow users can now do so without having to return to the site: Public WorldCat lists are available as RSS feeds that can be monitored using any RSS-capable service or software.

RSS (Really Simple Syndication) is an information format used by news-media sites, blogs and other Web services that are frequently updated. RSS feeds typically carry brief summaries of the information currently available at a specific Web location, so you can see what's new without having to view the site in a browser.

To subscribe to a list's feed, users can view the list and click the RSS Feed button at top right. The displayed "Subscribe to Feed" page provided by AddThis.com links to a variety of free Web services that can monitor RSS feeds, including personalized home pages at Google and Yahoo!. A user simply selects one of the services, then either signs in to the service or creates a new user account.

Posted On: February 26, 2008

Superior Direct and Cross Examination: Demonstrations from Trial Masters

The American Bar Association Criminal Justice Section and The South Carolina Bar Present:
Superior Direct and Cross-Examination: Demonstrations from Trial Masters of the ABA Criminal Justice Section and the S.C. Bar*

8:45 a.m. - 5:00 p.m. Friday, April 4, 2008

Reception to Follow

The Francis Marion Hotel Charleston, S.C.

We have assembled the highest caliber lawyers from the ABA Criminal Justice Section and South Carolina to plan a spectacular set of demonstrations, analysis and commentary on direct and cross-examination. Few moments provide the kinds of opportunities for major impact on the outcome of the trial that direct and cross examination of witnesses give. Leading national and South Carolina prosecutors and defense attorneys will demonstrate how to use witnesses to lay the foundation for your case and how to dismantle the foundation attempted to be laid by opposing counsel. The Criminal Justice Section and the South Carolina Bar invite you to share this announcement with your colleagues and look forward to your attendance and participation. Join us for a day of programs and panel discussions presented by experts from South Carolina and across the country who will demonstrate stellar witness examination and discuss new developments in direct and cross examination.


Things to do around Charleston:
www.charleston.com/index.cfm?newUserLocation=2&subcategoryID=293

www.charleston.com/keyAttractions.cfm?subcategoryId=431&newUserLocation=1
_____________________________________________

*Click for full brochure and registration materials:www.abanet.org/crimjust/calendar/2008springcle.pdf

Posted On: February 25, 2008

American Libraries Direct February 20, 2008

News from the American Library Association:

House allows warrantless wiretaps law to expire

A dramatic showdown between House Republicans and Democrats February 14 has led to Congress beginning a one-week break without sending any surveillance legislation to the White House. The result is the February 16 expiration of the Protect America Act, which since its enactment in August 2007 has permitted the National Security Agency to eavesdrop without a court order on foreign communications, including phone calls and email exchanges, between someone “reasonably believed to be outside the United States” and a person on U.S. soil, as well as communications traveling to or from U.S. libraries...

.Greenwich library faces Mideast lecture controversy

Greenwich (Conn.) Library officials decided February 14 to allow a speaker to proceed with two scheduled lectures on Israeli-Palestinian relations at the library’s Cole Auditorium. The permission was a reversal of a previous action to cancel the lectures after the library received a number of complaints from community members....


ALA’s social responsibility mission

ALA was one of several associations spotlighted as global change agents in a new initiative by the American Society of Association Executives that focuses on social responsibility. In its case study, ASAE says that social responsibility “is imbedded in ALA’s stated mission, core values, and policy statements as critical to promoting high-quality library and information services and public access to information. The appendix to ALA’s Ahead to 2010 document, Envisioned Future and Organizational Values, also recommits to ‘social responsibility and the public good.’”...
American Society of Association Executives


Jane Greenberg to receive Kilgour Research Award

Jane Greenberg, a metadata expert and faculty member at the University of North Carolina–Chapel Hill School of Information and Library Science, is the winner of the 2008 Frederick G. Kilgour Award for Research in Library and Information Technology. The Kilgour Award, sponsored by OCLC and LITA, recognizes outstanding research that advances information science and information retrieval....

As economy struggles, more people rely on libraries

Librarians have long thought that the demand for library services leaps when the economy limps. It’s not just books that the belt-tightening public wants more of in tough times, but museum passes, children’s programs, and internet access. That’s been the case at the Kelley Library in Salem, Massachusetts, over the past year, coinciding with the economic slowdown, according to Director Eleanor Strang....
North Andover (Mass.) Eagle-Tribune, Feb. 19

Library acquires Mary Queen of Scots death warrant

The only contemporary copy of the piece of paper that sent Mary Queen of Scots to her death in 1587 has been purchased by the library of Lambeth Palace, the official London residence of the Archbishop of Canterbury, bringing a huge sigh of relief that it will not be sold outside of the UK. An export ban was placed on the document in November 2007, giving UK institutions a chance to raise the £72,485.50 ($141,265 U.S.) asking price for it, bearing in mind its
importance to British history....

Digital downloads will not kill Blu-ray

Duncan Riley writes: “With Toshiba’s announcement that it is to cease manufacture of HD DVD players, the high-definition format wars are now over. With Blu-ray left standing, some, such as Rob Beschizza at Wired are now saying that digital downloads will now kill Blu-ray. It’s an argument many of you reading this will feel is a sound one, but it’s not going to happen anytime shortly. Here are a few reasons why.”...
Techcrunch, Feb. 17

To see entire February 20, 2008 issue of American Libraries Direct, click here.


Posted On: February 25, 2008

ABA Journal Weekly Newsletter February 22, 2008

Ten Top Stories:

Legal Ethics
New Issues for Lawyer Who 'Worked' 1,286 Days in One Year
Feb 19, 2008, 01:07 pm CST
A New York lawyer who reportedly was simultaneously listed as a full-time employee of five Long Island school districts for which he worked as legal counsel is seeing some fallout over a newspaper article about the situation.

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

Associates
WSJ: Top First-Year Pay Has Hit Ceiling
Feb 15, 2008, 02:44 pm CST

Judiciary
Judges Flunk Story Problem Test, Showing Intuitive Decision-Making
Feb 19, 2008, 09:20 am CST

Law Schools
Harvard Snags Sunstein; Nussbaum Stays at Chicago
Feb 20, 2008, 12:27 pm CST

Legal Ethics
Vote to End Jury Deadlock May Cost Attorney His Law License
Feb 19, 2008, 10:02 am CST

Constitutional Law
Judge Shutters Whistle-Blower Site; Major 1st Amend. Issue
Feb 19, 2008, 03:22 pm CST

Law Students
New NALP Deadline for Accepting Summer Offers: 45 Days
Feb 19, 2008, 02:10 pm CST

Law Practice Management
Law Firm's New Structure Creates Parallel Management Tracks
Feb 20, 2008, 04:53 pm CST

Partners
High-Profile Skadden Litigator Goofs, Sends Private E-mail to Reporters
Feb 21, 2008, 07:03 am CST

Law Professors
Lessig Considers Congressional Bid
Feb 21, 2008, 06:31 am CST