Posted On: March 31, 2008

Metadata: The Ghosts Haunting E-Documents

From Findlaw, March 28, 2008.

"David Hricik & Chase Edward Scott) - Metadata is not new, but it has become pervasive in the digital world in which lawyers (and their clients) live. Many programs commonly used in the office create data about data and then save that unseen information along with the visible text of the document in a single file"

To see the complete article click here

Posted On: March 28, 2008

Proposed Congested Pricing Legislation for New York City

Legislative Text of the New York City Congestion Pricing Proposal
Text as Introduced in the New York State Senate by the Rules Committee on March 24, 2008

Proposed Amendment to Vehicle and Traffic Law (VTL) Regarding Congested Pricing in New York City

Posted On: March 28, 2008

Google, MySpace, Yahoo Form OpenSocial Foundation

"The core idea here is that developers will create more applications for social networks if there is a fair amount of interoperability between the platforms. Of course, Facebook, and by extension Microsoft, don't seem to want to endorse this concept. But Microsoft did come out strongly in favor of making data more portable between social network sites on a limited basis. What all this means is that new battle lines are being drawn between Google and Microsoft unless, of course, peace unexpectedly breaks out as some still hope. Either way, it won't be too long before the Generation Y folks that make heavy use of these services start to make their presence felt on traditional IT."

See March 25, 2008 article by Clint Boulton here.

Posted On: March 27, 2008

Summaries of Opinions - U.S. Court of Appeals 2d Circuit

From: Findlaw Opinion Summaries March 26, 2008.


I"n re 'Agent Orange' Prod. Liab. Litig., No. 05-1760

"In a products liability action arising from the alleged injuries, mostly forms of cancer, caused by veterans' exposure to the chemical defoliant "Agent Orange" used during their service in Vietnam, summary judgment for defendants is affirmed over claims that the district court: 1) erred in concluding that the government contractor defense applied to bar plaintiffs' claims; and 2) abused its discretion by denying them discovery beyond what was available in files from prior Agent Orange litigation."

In re Agent Orange


Brito v. Mukasey, No. 06-3974

"Petition for review of the BIA's denial of an application for adjustment status is denied where: 1) petitioner failed to exhaust before the agency the issue of his designation as an arriving alien; 2) the IJ lacked jurisdiction to adjudicate petitioner's present application for adjustment of status as it is new and separate from his previously filed application; and 3) petitioner lacked standing to assert his claim that regulations withholding from immigration judges jurisdiction to adjudicate adjustment of status applications are ultra vires"

B rito v. Mukasey


Krauss v. Oxford Health Plans, Inc., No. 06-0343

"In an action against defendants-plan administrators for various violations of ERISA and the Women's Health and Cancer Rights Act, summary judgment for defendants is affirmed where defendants did not violate either statutes or the terms of the insurance plan in declining to reimburse the plaintiffs for: 1) more than $30,000 of plaintiff's $40,000 doctor's bill for bilateral breast reconstruction surgery where the maximum reimbursement for a single such surgery would have been $20,000; or 2) private-duty nursing following the reconstruction surgery. Claims for breach of fiduciary duty pursuant to ERISA and remaining claims are also without merit."

Krauss v. Oxford Health Plans, Incl

Posted On: March 26, 2008

Wikipedia on Pro Se

Not everyone is happy with the discussion in Wikipedia regarding pro se and why people proceed pro se. Today there has been some lively discussion on this topic on the web. Here is the question which seems to have generated much of the discussion and some responses to it. As always, I have edited out all names and other forms of identification in order to protect the confidentiality of the participants:


Wikipedia's listing for Pro Se under "Why people proceed Pro Se"

"Many individuals choose to act pro se because they themselves are lawyers or have other legal experience, or simply because they are confident in their ability to convey their claim or defense without professional aid. Some pro ses may simply not want to pay the fees and expenses associated with hiring counsel. Others may want a lawyer, but find themselves unintentionally unrepresented due to their inability to find or pay for a lawyer willing to take their case. In civil court matters, this often occurs where the outcome is uncertain, such as in cases of alleged defamation where the plaintiff may be burdened by costly SLAPP legislation. Such people will often continue the case pro se rather than give up their quest for damages."

"In most serious criminal prosecutions in the United States, an indigent defendant has a right to a lawyer appointed by the court, so the decision to proceed pro se is rarely based on financial considerations. However, even indigent criminal defendants in jurisdictions that guarantee legal representation may still have to represent themselves in the later stages of the case, as free representation is often only provided by the state during the initial trial and the direct appeal. This is especially true in collateral proceedings such as habeas corpus or postconviction petitions that fall outside the normal appeals process".

Does anyone else think that this definition needs a rewrite? Most pro se's we help are not lawyers, do not have legal experience and are not confident in their abilities.


The "Notable Pro Se Litigants" section is interesting but we see very few of those in our library.

Under the "Resources Section", local law libraries are mentioned but with a somewhat incomplete description of possible resources and services offered.

I agree with the rest of you that the Wikipedia entry is completely inadequate. However, even a re-write from a public law librarian may be inadequate if we are not careful. The pro se litigants we see in our libraries are not exactly that same as the much larger group that appears before the courts. Also, while we in law libraries may see a lot of vexatious litigants and mentally ill litigants who are repeat visitors, their actual numbers among those who go to court are quite small, and I would be concerned that too much emphasis on them in a Wikipedia article may well do damage for the many court-based and alternative organization based efforts to obtain funding to create programs for serving self represented litigants.

Actually, at least one study rates the accuracy of articles there fairly highly.

IMHO, I find wikipedia to be fairly accurate in a number of areas, but ONLY where there is iterative feedback and editing. Britannica is not itself flawless. The longer the article exists, and the more input it has received from diverse sources, the better the article seems to be in this environment.

So if we aren't willing - as experts and scholars - to contribute to the accuracy do we share some of the blame for the inaccuracy that exists? I'm not sure of the answer to that question, BTW, just throwing it out there for cogitation.

I do not believe everything is on the web, nor do I let Time Magazine "Help me understand." I also don't believe everything I hear from people with long strings of initials after their names just because they have long strings of initials after their names. :)

I think it's more useful to ask those who use this sort of tool "where do they grant what Berring calls "cognitive authority"?" rather than to dismiss the tool and those who use it.

It's not up to us to fix it. Black's Law Dictionary is a publication authored by legal experts. Wikipedia is like an open group diary - the problem is the expertise of some of the contributors (on any topic) is suspect. I feel those who rely on Wikipedia are like those who feel that the Internet has all knowledge, in one place; is accurate and is easy to find. Who needs experts and scholars to explain things to them?

The difference is Wikipedia focuses on public perception and not actuality. I wouldn't trust Wikipedia over PubMed, NIH or CDC. Peple just need to be aware - and made aware that Wikipedia is not the same as BRITANNICA.

Regardless of whether wikipedia is or isn't a good source, it's used and therefore should be corrected. Because of the nature of the source, we can always edit the entry if we don't like it

Knowing the limitation of Wikipedia and its authorship, I wonder if we want to take on the responsibility or rewriting the article.

My Public Services Librarian commented that "To me the encyclopedia is a unique idea and experience but is not something that I would rely on for accurate information. It can be OK for just a basic touch of a definition about most anything. I avoid it."

"The definition noted for pr se does seem inadequate and could be edited so that a better notion is out there for the general user. However, I am sure there are countless other definitions on Wikipedia that would not stand up to professional scrutiny.

Use it to look up anything to do with law libraries and see what you get. I think there is too muchattention being paid to this single article. It could well be a full
time task of several law librarians to edit what is on Wikipedia. And
to what purpose?"

It's not whether to act, but how do we act? I've heard it said that he best answer to ignorance is information. As information specialists our aim is to provide an array of resources and our best work is being able to show the connection betwen resources - including limitations.

To Readers:

Please feel free to comment on these responses; I'm sure others would be interested in your thoughts.

Posted On: March 26, 2008

Quinlan's Narcotics Law Pop Quiz

QUESTION: Law enforcement officers went to Castellanos's residence after receiving information from a confidential informant that Castellanos was in this country illegally, was selling a large quantity of drugs from his residence, and had a cousin who had been kidnapped and killed. The officers arrived at 6:15 a.m. The door was partially open. The officers knocked on the door, but no one answered. Neighbors reported no traffic in or out of the residence for about a week. Because the officers had information concerning a possible kidnapping and murder offense, the officers entered the residence to verify the welfare of the occupants. Finding no one inside, the officers left the residence.

As they left, Castellanos arrived and started to pull into the driveway. However, when he saw the officers, he drove away. The officers followed Castellanos for two blocks before stopping him for weaving. Detective Ortiz and another officer saw that Castellanos was "pretty drunk," stumbled out of the truck, and had urinated on himself. At first, Castellanos refused to give his name and said "Just arrest me." Castellanos then identified himself as "Guillermo Lujan," and claimed that his identification was at home. Detective Ortiz requested consent to search Castellanos's home and vehicle, but Castellanos did not reply. Detective Ortiz decided not to press the consent issue because Castellanos was intoxicated. The officers handcuffed Castellanos and transported him back to his residence to verify his identity. When they got to the residence, the police took off the handcuffs. Castellanos opened the unlocked door of his home and entered and the officers followed Castellanos i nside. Castellanos did not object to the officers entering the residence with him. Once inside the residence, Castellanos sat down on a couch in the living room. The officers asked Castellanos for the location of his identification, but he did not answer. Detective Ortiz asked for consent to search the home. Castellanos asked if the officers had a warrant, and when they said no, he refused to give consent. After Castellanos refused consent, the officers again asked Castellanos for his identification and Castellanos "kind of flipped his hand" in the direction of his bedroom. They went into the bedroom, and discovered a notebook with names, numbers, and monetary figures that appeared to list drug-dealing transactions. Detective Ortiz decided Castellanos was too intoxicated to give consent, and applied for a search warrant. During the execution of the search warrant, the officers discovered more evidence of drug dealing, cash, and weapons. Did the officers obtain lawful consent for the search?

ANSWER: No. However, mere intoxication was not enough to render consent to search involuntary. In each case, the question focused on mental awareness so that the act of consent was the consensual act of one who knew what he or she was doing and had a reasonable appreciation of the nature and significance of his or her actions. A fundamental flaw existed in the government's position that Castellanos consented to a search of the bedroom. The record indicated the officers failed twice to obtain consent from Castellanos to search his home. The first attempt occurred at the traffic stop. Castellanos did not respond, and Detective Ortiz did not push the issue because Castellanos was too intoxicated. The second attempt occurred in Castellanos's living room. Detective Ortiz asked Castellanos for consent to search his home. Castellanos asked if the officers had a warrant. When told no warrant existed, Castellanos refused to consent to a search. It was clear from the rec ord Castellanos never expressly authorized the officers' search of the residence or entry into his bedroom. Under the totality of the circumstances, the officers' entry into the residence's living room was reasonable. However, allowing an officer to enter one's home and allowing the officer to search the home were two very different matters. When a person permitted an officer to enter the person's home, the officer did not have free reign to wander around the home and search any area of the house without further consent. In fact, Castellanos expressly refused consent to search his residence. Consent to search could be inferred from gestures and other conduct. However, in this case, the officers believed Castellanos, who was not under arrest, was too intoxicated to consent to a search of his residence. The record showed Detective Ortiz requested a search warrant for the residence because Castellanos was too inebriated to consent. If Castellanos's intoxication was such that th e officers believed Castellanos was incapable of giving consent to search, it was clear Castellanos did not possess the capacity to give implied consent. Under the facts of the case, it was not reasonable for the officers to infer Castellanos impliedly consented to their entry into his bedroom when Castellanos "kind of flipped his hand" in that direction.

Citation: U.S. v. Castellanos, 2008 WL 649126 (8th Cir. 2008)

Posted On: March 26, 2008

Claims of Presidential Power Rejected in Medellin v. Texas (06-984)

The U.S. Supreme Court yesterday (March 26) in a sweeping rejection of powers in the presidency ruled that neither the World Court nor President Bush can interfere with Texas regarding that states' enforcement of its own criminal laws. The justices in their 6-3 decision, Medellin v. Texas (06-984), ruled that neither an opinion by the World Court nor a directive from the President amounts to "enforceable federal law" that requires compliance by the State of Texas.

See Medellin v. Texas here

Sources for this posting:

Mauro, Tony. "High Court Backs Texas in Dispute With Bush Over Mexican in Death Row," New York Law Journal (March 26, 2008).

Berman, Douglas A. " 'States Win Over President in Criminal Law Issue,' In Medellin". Sentencing Law and Policy Blog. (Posted March 25, 2008).

Posted On: March 24, 2008

U.S. Long Term Fiscal Outlook - January 2008 Update

Long term fiscal challenge looms as the baby boom generation retires.

Report on U.S. Fiscal Long Term Outlook as of January 2008

Posted On: March 24, 2008

Governor Paterson of New York Announces Support of Traffic Migration Plan

Fact Sheet: New York City Congestion Mitigation Plan Regarding New York Governor David Patterson's Congestion Pricing Proposal

Governor Paterson's New York City Congestion Plan

Posted On: March 21, 2008

SLA Legal Division Quarterly

The Legal Division Quarterly is published four time a year as a Newsletter of the Legal Division of the Special Libraries Association. Included in the WinterSpring 2007-08 issue is a very interesting article "Help - The Lifeguard is Drowning!: Thoughts and Reflections on How Librarians Can Stay Afloat in the Information Age" by T. Z. Maleef, (the article begins with a great quote from Linton Weeks of the Washington Post). In addition to this article the issue also includes the following which collectively highlight the broad range of activities of this organization:

Editor's Letter
Liz Smith

From the Board Room
Nola Vanhoy

Adventures of a First Time Leadership Summiteer
Diana Daleo

A Behind-the-Scenes Look at SLA 2008 Conference Planning...
Linda Lev-Dunton

2008 SLA-LD Travel Grant Award Winners
Suzanne Castroman

The Library as a Software Pilot-Group
Devin Gawnemark

Searching Bills with Thomas
Will Mattingly

Letter From Australia--Greetings From Down Under!
Miz Brmbota

Ode to Professional Assistance
E.S. Quire

Water Cooler--Balance
Constance Ard

IT Division Launches 2008 "IT Innovation Challenge"
John DiGilio

News From the Legal Division Archivist
Anne K. Abate

To see the online version of the WinterSpring 2007-08 issue, click here

Posted On: March 21, 2008

Most Common Database Design Mistakes

Brian Prince of e-Week has compiled a list and slide show of what he considers some of the more common mistakes and a few general tips for avoiding them. Over the years as we were either disigning or helping to design a number of library related research and applications databases, we could certainly have used such a compilation and are glad to share this one with you.

To see Brian Prince's presentation, click here.

Posted On: March 21, 2008

Top 10 Stories: ABA Journal Weekly Newsletter March 21, 2008

Our Top Ten Stories of the Week
Law Firms

Melvyn Weiss to Plead Guilty; His Ex-Firm Changes Its Name
Mar 20, 2008, 05:39 am CDT
Updated: Pioneering securities class-action lawyer Melvyn Weiss has agreed to pay $10 million in fines and penalties and to serve up to 33 months in prison to resolve charges that he paid kickbacks to lead plaintiffs... Continue reading.


Legal Ethics
Small Pa. Law Firm Hit With $5.2M Overbilling Judgment
Mar 17, 2008, 02:27 pm CDT

Thelen Cuts 26 Associates, 85 Staffers
Mar 20, 2008, 06:15 am CDT

In-house Counsel
'Feeding Frenzy' Over Expected Lawyer Layoffs at Bear Stearns
Mar 20, 2008, 10:30 am CDT

Tax Law
Gambler Hits Jackpot in IRS Case, Sets Tax Precedent
Mar 17, 2008, 06:21 pm CDT

Law Firms
How Blackwell Sanders Cut Attrition in Half
Mar 18, 2008, 04:18 pm CDT

BigLaw 'Ghetto'? Former Staff Attorney Raps Covington's D.C. Office
Mar 18, 2008, 12:30 pm CDT

Legal Ethics
Lawyer Suspended After Second Paralegal Steals From Client Account
Mar 18, 2008, 09:14 am CDT

Work/Life Balance
More Law Firms Boost Maternity Leave to 18 Weeks
Mar 18, 2008, 06:58 am CDT

Consumer Law
N.J. Prosecutors Investigate JuicyCampus Site

Posted On: March 20, 2008

Racially Based Premptory Challenges Reverse Murder Conviction: Snyder v. Louisiana

Justices: Racially Based Peremptory Challenges Reverse Murder Conviction
(U.S. Supreme Ct., March 19, 2008) - A Louisiana conviction for first-degree murder and death sentence is reversed where the trial judge committed clear error in its ruling on an objection to the prosecution's strike of a black juror during voir dire, in violation of Batson v. Kentucky, 476 U. S. 79.

Posted On: March 20, 2008

Melvyn Weiss Pleads Guilty in Kickback Scheme

The New York Law Journal has reported that Melvyn Weiss has agreed to plead guilty to a racketeering charge for participating in a scheme to pay kickbacks to lead plaintiffs in shareholder suits.

Mr. Weiss, a famed securities class action lawyer, was one of the co-founders of the law firm Milberg Weiss.

Melvyn Weiss Plea Agreement

Posted On: March 20, 2008

National Conference of Commissioners on Uniform State Laws to Form Study Committee on Online Authentication of Legal Materials

From the AALL E-Newsletter, March 2008:

"We have just learned of an exciting new outcome of AALL’s National Summit on Authentic Legal Information in the Digital Age convened by Immediate Past President Sally Holterhoff in April 2007. Delegate Michele Timmons, Minnesota revisor of statutes and a National Conference of Commissioners on Uniform State Laws (NCCUSL) commissioner, submitted a proposal to the Uniform Law Commission in June 2007 to create a study committee to explore the complex issues regarding digital authentication. The Law Revision Commission recently approved the new Study Committee on Online Authentication of Legal Materials to investigate the issues and discuss the feasibility of a uniform law or model act. The chair and members of the new study committee will be appointed in August, and AALL has been invited to name an observer..."

Posted On: March 19, 2008

International Association of Law Libraries (IALL) Bursaries to Attend Conference in Puerto Rico

Conference Dates: November 30 - December 3, 2008:

You want to join the next IALL Annual Course?
The International Association of Law Libraries each year makes available financial assistance to enable law librarians who are normally unable to benefit from Association activities to attend the Annual Course in International Law Librarianship that forms the annual conference of the

2008: Puerto Rico
The 2008 Annual Course will be in Puerto Rico Nov 30th - Dec 3rd, and the topic is Puerto Rico and the Ciribbean: Legal Information in Multiple Legal Systems. The conference website is found at

Three Bursaries
IALL offers three bursaries to attend its Conference comprising the following benefits: The conference registration fee is waived. A grant of up to US$1,500 to assist with accommodation and travel costs membership of IALL for one year (including journal) without charge

The deadline for 2008 applications to be received is May 15 and all applications will be considered after that date.

More information
For more information, have a look at our website at have a look at - or contact the chair of the IALL
Scholarship Committee (

Application should normally be by typed letter with full contact details to:
Halvor Kongshavn
Chair, IALL Scholarships Committee
Bergen University Library, Law Library
N-5020 Bergen, NORWAY

Please, also send a copy of your application, including CV etc, by e-mail -

Posted On: March 19, 2008

ABA Book Publishing


Virtual Law: Navigating the Legal Landscape of Virtual Worlds

By Benjamin Tyson Duranske

This book is an introduction to the emerging and intriguing world of virtual law. It examines current cases and legislation impacting virtual world providers and users, and makes predictions about the future application of current law. It addresses the application of intellectual property law (copyright, trademark, and patent), criminal law, property law, contract law, securities law, tax law, and civil procedure. The author provides clear and practical advice on how to create a virtual world presence for your practice or for your clients with virtual world connections. The book also includes extensive appendices listing in-world and web-based resources for practitioners and legal scholars.

Science for Lawyers

Edited By Eric Y. Drogin J.D., Ph.D.
Science for Lawyers clearly explains and discusses 13 applied scientific disciplines in jargon-free language that is specifically geared toward lawyers. The book explores the definitions (what is science), the practice (what scientists do) and the professional roles (what ethical guidelines influence scientists) of 13 professional disciplines.

With dozens of photos, figures, graphics and artwork, this book is not only easy to understand, but fascinating to read. If you are a lawyer who is ever called upon to defend, proceed against, examine, cross-examine or even consult a scientist, this book is for you.

e-Discovery: Current Trends and Cases

By Ralph C. Losey

From the basics of e-discovery, to chapters on metadata, ESI, ethical standards, and the new federal rules of civil procedure, readers of all levels of expertise will find useful information. This book includes in-depth, authoritative legal analysis and practical advice, not only explaining the legal issues, but also the technologies behind the issues. It is also the first book on e-discovery to include the opinions and analysis of many leading experts in the field, not just those of the author.


The Little Green Book of Golf Law:
The Real Rules of the Game of Golf
John H. Minan

Author and Professor of Law, John Minan, has selected a total of nineteen cases to correspond to the typical eighteen holes played in a round of golf, plus one for the traditional nineteenth hole. Each chapter examines a different set of facts and involves an actual case involving golf.

The chapters explore a wide array of legal issues --Tiger Woods’ right of publicity, personal injury claims for negligence and products liability, contract disputes involving hole-in-one contests and golf cart rentals, a forfeiture claim under the Endangered Species Act, the Internal Revenue Service’s litigation against a taxpayer over tax deductions for golf expenses, patent and trade mark disputes, and more. In addition, each chapter identifies the subject matter and the official citation to the case in the chapter heading.

Violating “the law” of golf – as opposed to the rules that govern the game – can have serious consequences. You don’t have to be a lawyer to enjoy this book, which combines two great passions: law and golf.


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

This 396-page book provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms "what you can do and what you can't do" under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it's all covered in this concise reference. In addition, numerous charts and guides are included throughout the book to make this as practical a guide as possible.

The consequences of a failure to properly understand and implement search and seizure can be too tragic to imagine. Make sure everyone involved with pre-trial criminal procedure in your organization is equipped with this thorough and understandable guide.

Product Code: 5090107
© 2007 7 x 10 396 pages Paper
Phone Orders: 1-800-285-2221

Posted On: March 19, 2008

SLA Annual Meeting: Brief Summary of Legal Division Continuing Education and Other Programs Offered

As of March 18, 2008.


Saturday, June 14, 9 AM - 6PM (full-day CE)
Cataloging for Non-Catalogers - Course covers ISBD (International Standard Book Description), MARC (Machine-Readable Cataloging), and cataloging using an automated bibliographic utility.

Saturday, June 14, 8 AM - 12 PM (half-day CE)
Creating a Brand Identity to Market Information Services - Create a brand identity for an information center with a minimal budget.

Sunday, June 15, 8 AM - 12 PM (half-day CE)
What Do I Do AFTER I Log Off? Being a Value-Adding Info Pro - This workshop will help you strengthen your role in your organization; enhance the status and value of the information center.

Sunday, June 15, 1 PM - 5 PM (half-day CE)
Social Networking for Information Professionals: Enhancing Work Performance through Social Skills - See how networking and effective social skills can increase your visibility and effectiveness within their organization, profession and community.


Monday, 7 AM – to 8:30 AM
BNA Breakfast and Legal Division Business Meeting

Monday, June 16, 9 AM to 10:30 AM
Ethical Competitive Intelligence - Examine notable events of CI gone wrong, and learn best practices that will help keep you out of trouble.

Monday, June 16, 1:30 PM to 3:30 PM
Part 1: 60 Gadgets in 60 Minutes - Overwhelmed with Gadgets - A panel of four experts will cover today's gadgets and how they affect our work and play.

Part 2: Web Tools for Legal Researchers - Learn about the latest Web 2.0 tools and see how they deliver content and competitive intelligence, keep users current, and make you indispensable.

Monday, June 16, 3:30 PM to 5:00 PM
Information Professional: The New Private Investigator - Get the investigative skills to take advantage of information from free and commercial databases.

Tuesday, June 17, 7:00 AM to 8:30 AM
Emerging Technologies Breakfast - Enterprise 2.0, the collaborative intranet, wikis, blogging and all the latest buzz, an unbeatable combination! Start your day with a hearty breakfast and be energized by learning about emerging technologies.

Tuesday, June 17, 9:00 AM to 11:00 AM
The Globalization of Capital: Impact to U.S. and International Law Firms and Law Firm Librarians - Panelists will address the shift of financial transactions into the global marketplace and its impact on U.S. and International law firms.

Tuesday, June 17, 11:00 AM to 12:30 PM
If I Knew Then What I Know Now: Tales from the Dark Side - A panel of information professionals who have worked on both sides of “The Great Divide” will offer their perspective on the librarian-vendor relationship.

Tuesday, June 17, 3:15 to 4:45 PM
Knowledge Management Staffing Structures in Law Firms - To empower librarians to contribute to the design of KM staffing structures, this session offers organizational charts, position titles and descriptions, job qualifications, compensation ranges, and budgets that define KM staffing.

Wednesday, June 18, 8:00 to 9:30 AM
Tax and Corporate Specialized Roundtable – information to come

Posted On: March 19, 2008

2008 Jury System Impact Award

Deadline for all Nominations: April 1, 2008.

The ABA Commission on the American Jury Project established the Jury System Impact Award to recognize an individual or organization that has made significant contributions and tremendous efforts to the improvement, preservation and strengthening of the American Jury System.

The 2008 Award will be presented at the ABA Annual Meeting in New York, NY.

Please visit the Commission on the American Jury Project homepage at for additional Award information.

Posted On: March 18, 2008

2008 State of the Enterprise Content Management (ECM) Industry

Excerpts from AIIM President, John Mancini's Keynote Address -- 4 March 2008 -- AIIM International Exposition and Conference

There are four intersecting tensions in the marketplace that have been at work over the past 2 years and are aligning right now to change all of this and to truly create the mainstream market that we have all thought was on the horizon.

#1 - Control
Over half of those surveyed have either marginal confidence or no confidence in the integrity of their electronic information. That awareness alone is doing a lot to change the “pain”/”make the pain go away” equation.

#2 - Access
We are moving into an environment in which document and records capabilities will be within the reach of tens of thousands of workers within large organizations, not just the hundreds of document intensive process specialists.

#3 - Volume and Impact
As document awareness spreads from the Fortune 500 to the Mainstreet 1.3 million, we are going to see a renaissance of awareness and concern about paper.

#4 - Simplicity
Greater implementation simplicity and consistency for end users.

AIIM - The ECM Association

Posted On: March 18, 2008

Governor Eliot Spitzer: Official Letter of Resignation

Letter to New York State Assembly Speaker Sheldon Silver and State Senate President Pro Tempore Joe Bruno From Gov. Eliot Spitzer (PDF 192.2 KB)

Official Letter of Resignation as Submitted March 12, 2008

Posted On: March 13, 2008

Hein Publications: Electronic HeinCites


Illegal Sex Discrimination or Permissible Customer Preference? Refusal to Hire and Employ Male Gynecologists:

A Legal Research Guide

"This new publication from Hein is the latest title in the Legal Research Guide Series. Professor Amy Stein provides researchers with a starting point to help determine when the occupational qualification exception may be evoked and under what circumstances it may be defeated. This guide provides the user with citations to and summaries of the leading primary and secondary materials needed to research this topic thoroughly."

Who's Who in Public International Law 2007

"This title, published by Crestwall Limited, is an indispensable reference work for libraries, law courts, law firms and law schools worldwide. This unique title contains more than 600 entries focusing on public international figures, including lawyers, judges, arbitrators, counsel, academics, legal advisers and members of international legislative and supervisory bodies. Take advantage of a 10% discount when you purchase this title before May 1st. Hurry and order your copy today to save! "

Comparative Law:
Law, Reality and Society

"This book, published by Vandeplas Publishing, is not your conventional book on comparative law. Rules, particular and general, are examined to explain why they are as they are, and how they came to be. Chapters range from grand legislation to unrecognized law in action and daily life."

Digital Evidence in the Courtroom:
A Guide for Law Enforcement and Prosecutors

"This reprint is the 27th installment in the Hein Electronic Document Reprint Series. To help navigate the difficult process of integrating digital evidence in the courtroom, the National Institute of Justice's technical working group of national experts prepared this special report. Chapters discuss legal requirements for the handling of digital evidence and provide guidelines for successful prosecution. The final chapter is a working application, using digital evidence to convict in a child pornography case."

Federal Courts Law Review

"Hein is pleased to announce that we have obtained the multi-media rights to this law review. The Federal Courts Law Review is now both a print and electronic product dedicated to legal scholarship relating to federal courts. Articles are contributed by scholars, judges and distinguished practitioners. The editorial board uniquely combines the insight of the federal judiciary with the perspective of law school academics." .

Posted On: March 13, 2008

"A Wise old Man and a Wise old Woman Reach the Same Conclusion"

"As Supreme Court Justice, Ruth Bader Ginsberg observed: 'In working as a lawyer, law teacher, and now judge, I have discerned no distinctive male or female styles of thinking or writing. And I agree with Minnesota Supreme Court Justice Jeanne Coyne, who said, when asked whether women judges decide cases differently because they are women:

"A wise old man and a wise old woman reach the same conclusion"'.

--Handbook of Justice Research in Law, by Joseph Sanders, V. Lee Hamilton, Springer, 1981, p.311- From Amazon Book Preview Feature.

Selected by:

Tammy Raum,
Senior Reference Librarian
New York City Law Dept. Library

Posted On: March 13, 2008

American Libraries Direct - March 12, 2008

News from ALA and the world of libraries:

New York librarian becomes embedded journalist in Iraq

"Twice in the past two years, librarian Shelby Monroe persuaded the 101st Airborne Division to let her be an embedded war correspondent and blogger. In those articles and accompanying photographs, she tries to capture the ordinary lives of American soldiers and Iraqis. To go to Iraq, she quit three part-time jobs—in the Chappaqua (N.Y.) Library, the Field Library in Peekskill (where she worked as adult services reference librarian), and in the Village Bookstore in Pleasantville...."
New York Times, Mar. 9; Heads Down, Spirits Up! blog

Privacy threat from NSA data sweeps

"The central role the National Security Agency has come to occupy in domestic intelligence gathering has never been publicly disclosed. But an inquiry reveals that its efforts have evolved to reach more broadly into data about people’s communications, travel, and finances in the U.S. than the Pentagon and FBI domestic surveillance programs attempted since the 2001 terrorist attacks. The spy agency now monitors a huge volume of records of domestic emails and internet searches as well as bank transfers, credit-card transactions, and travel and telephone records...."
Wall Street Journal, Mar. 10

Blackstone Group CEO gives $100 million to NYPL

"The New York Public Library’s venerable lion-guarded building on Fifth Avenue at 42nd Street is to be renamed for the Wall Street financier Stephen A. Schwarzman, who has agreed to jump-start a $1-billion expansion of the library system with a guaranteed $100 million of his own. The project, announced March 11, aims to transform the Central Library into a destination for book borrowing as well as research. The Mid-Manhattan branch, on the east side of Fifth Avenue at 40th Street, will be sold and its circulating collection absorbed into the new space...."
New York Times, Mar. 11; New York Public Library, Mar. 11

Canceled library meeting prompts federal lawsuit

"A meeting titled “Politics and the Pulpit” has spurred a federal lawsuit about freedom of speech and religion filed against the Upper Arlington (Ohio) Public Library. Citizens for Community Values, a Cincinnati-based social-conservative group, claimed in a suit filed March 7 in U.S. District Court in Columbus that the library violated the group’s constitutional rights by first approving and then canceling a meeting February 27 at the library...."
Columbus (Ohio) Dispatch, Mar. 8

Information experts appreciated more these days

"Some of the same entrepreneurs that funded the user-generated revolution are now paying professionals to edit and produce online content. In short, the expert is back. The revival comes amid mounting demand for a more reliable, bankable Web. “People are beginning to recognize that the world is too dangerous a place for faulty information,” says consumer strategist Charlotte Beal. She adds that choice fatigue and fear of bad advice are creating a 'perfect storm of demand for expert information.' "...
Newsweek, Mar. 6

British minister tells London libraries to innovate

"London’s public libraries must take innovative steps such as rewarding regular borrowers with vouchers for travel or the cinema if they are to stay relevant to an increasingly web-savvy population, U.K. Culture Secretary Margaret Hodge said March 6. To attract the Google Generation, libraries should consider extending weekend and evening opening hours, introducing a web-based lending service with home delivery, and striking deals with Starbucks or Costa coffee chains"....
The Times (U.K.), Mar. 6

The flexible future of e-books

"Karl McGoldrick is the CEO of Netherlands-based Polymer Vision, the only company that right now is working on making e-books in a form that’s actually close to traditional books—ones that are mobile, bendable, and, above all, readable. But the device, called Readius, is not just an e-book reader—it receives email, text messages, and RSS feeds, makes phone calls, and keeps calendar and contact information—in addition to downloading books and newspapers wirelessly"....
C|Net news, Mar. 12

IMLS study on the internet and libraries

"Institute of Museum and Library Services Director Anne-Imelda Radice released results of InterConnections: A National Study of Users and Potential Users of Online Information March 6 at the 9th annual WebWise Conference on Libraries and Museums in the Digital World in Miami. This new report offers insight into the ways people search for information in the online age, and how this affects the ways they interact with public libraries and museums, both online and in person"....
Institute of Museum and Library Services, Mar. 6


Posted On: March 12, 2008

Emerging Library Leaders for the 21st Century

The Dominican University Graduate School of Library and Information Science at River Forest, Illinois (near Chicago) has been conducting a series of innovative workshops on this topic, including the following:

March 17, 2008: 4-6pm

“Get a Voice: Why Writing, Blogging and Speaking Out Are Crucial to Advancing Your LIS Career"

John Berry III, Editor-At-Large, Library Journal

Rebecca Crown Library, Springer Suites

March 31, 2008: 4-6pm

“Libraries: What it Takes to Lead—An Interactive Workshop for Managers and Aspiring Managers”

Kathryn J. Deiss, Content Strategist, Association of College and Research Libraries

Crown 330

April 14, 2008: 4-6 pm

“Libraries, Advocacy, and the Power of the Personal Connection”

Emily Sheketoff, Associate Executive Director of the American Library Association (ALA), and Manager of the Washington Office

Rebecca Crown Library, Springer Suites

Those interesting in attending should contact:

Dominican University Graduate School of Library and Information Science

7900 West Division Street, River Forest IL, 60305

Please RSVP attendance to (708)524-6845 or email

Posted On: March 12, 2008

Q&A Head of Technical Services in a Law Library, What's In Your Job Description


I am interested in finding out the types of assignments that other Heads of Tech Services (or equivalent titles) are responsible for, besides just running the tech services dept. I'm wondering if there is a future for those of us in this position. Is this position part of the hierarchy which may become unnecessary? What ways are you dealing with the transition of tech services depts.? I would appreciate it if you could share your thoughts and possibly your position descriptions with me. I've spent a lot of time pondering the future.


I had a couple of suggestions that we discuss this issue at the Technical Services Management Issues Roundtable. I also think a variation of it: "Reinventing Tech Services" might be a good TS Hot Topic. I may even get an article out of it.

All of the replies were sent to me personally. Several people requested anonymity. For the sake of everyone's privacy, I will speak in general terms and not refer specifically to any person or library. The majority of the responses I got were from academic law libraries. I got one response from a firm librarian and one from a state,county, court librarian.

As I read through your replies, I noticed several recurring themes:

1. Almost everyone who replied has other responsibilities beside managing the Tech Services Dept. Some folks supervise areas that aren't commonly thought of as Tech Services. Some of the "other jobs" we have include:

Systems administrator for ILS.
Library Administration
Government Documents ( all except reference questions)
Collection Management, Stacks Maintenance
Collection Development
Rare Books
Training Coordinator
Maintenance of Faculty Scholarship and institutional repositories
Copyright Clearance
Updating library website
Technology Planning
Knowledge Management
We are a talented group!

2. Every time a staff member, professional or support, leaves, the dept. is re-organized and duties are eliminated or added.

3. As more print cancellations are done and more electronic resources replace them, there is less traditional serials check-in and processing, therefore less for support staff to do. Many of us are scrambling to find other work for them to do, lest their positions be eliminated.

4. Several people are also performing basic TS functions such as acquisitions and cataloging themselves, in the absence or vacancy of other professional positions. They wonder what would fill their days if they didn't have this extra work.

5. Several of us think that there is the possibility that the Head of Tech Services position might be eliminated, since some directors are flattening their hierarchies.

6. We all agreed that we still have an important role to play in quality control, employee management, and making sense out of electronic resources management, if that's possible!

As for my story: I have very capable acquisitions and cataloging librarians who each supervise employees. The department is running well. We don't have a functioning ERM system yet but the acquisitions librarian is a whiz in keeping track of the information on spread sheets. I am about to develop a systematic preservation program for our collections. I will also take over the faculty research repository and possibly copyright clearance. But I had to ask for more to do. I've also filled my time with professional activities.

*When posting this type of material it is my policy to not identify any specific individual, group, or organization in order to protect the privacy and confidentiality of all concerned.

David Badertscher

Posted On: March 12, 2008

Routledge Library Newsletter

Routledge Taylor & Francis Group

Welcome to the second issue of the Routledge Library Newsletter!

The aim of the Newsletter is to provide you with the latest news about all our products including reference books, eBooks, online products, and major works.

We want this Newsletter to be an interesting and productive source of information for you so please do get in touch if there is something that you would like included and we will do our best to incorporate your ideas.

Click here to download the Newsletter

Posted On: March 12, 2008

New York Governor Eliot Spitzer Resigns

NEW YORK (AP) - Gov. Eliot Spitzer announced Wednesday that he is resigning, completing a spectacular fall from power for a politician whose once-promising career imploded amid allegations that he paid thousands of dollars for high-end prostitutes.

"I look at my time as governor with a sense of what might have been," Spitzer said, with his expressionless wife Silda standing at his side. "There is much more to be done, and I cannot allow my private failings to disrupt the people's work."

Spitzer says his resignation is effective Monday. He will be replaced by Lt. Gov. David Paterson, who will become New York's first black governor.

The scandal erupted two days ago when allegations surfaced that the 48-year-old Spitzer spent thousands of dollars on a call girl at a swanky Washington hotel on the night before Valentine's Day.

Spitzer was more composed than he was at his appearance two days ago, when he looked pale, drawn and glassy-eyed. The couple stood quietly Wednesday, inches apart; they never touched as they entered or left the room.

His wife took deep breaths as hundreds of photos were taken at close range. Each of Spitzer's words was accompanied by a rush of camera clicks.

"There is much more to be done, and I cannot allow my private failings to disrupt the people's work," he said.

Posted On: March 11, 2008

Tammy Raum's Internet Research Tips - NY State Administrative Code's Print and Online Editions Contain Important Variations for Evidence!

Tammy Raum is:
Senior Research Librarian, New York City Law Dept. Library and may be contacted at:

Research Information for State Administrative Code: NYCRR and Litigation Protocol

Consultation of the complete unofficial New York Codes, Rules and Regulations (NYCRR)

is now available on a complimentary basis on the New York State Department of State Website:
The announcement led me to inquire about the difference between the official and unofficial versions.

In submitting any excerpts into evidence in court, only the print copy is permitted, as it is the only format that can be certified by the Secretary of State.

The authority is from Executive Law Section 106, provided for clarification below. Fortunately for researchers there is a provision that all state agencies are mandated to link their websites back to the Secretary of State's website for consolidation, as a new feature as of 2008.


Executive Law Section 106. Proof of codes, rules and regulations.

Any code, rule or regulation of the state of New York may be read in evidence from the official compilation, or supplement thereto. To entitle any copy of a code, rule or regulation published, other than those published in such official compilation or supplement thereto, to be read in evidence there shall be contained in the same book or pamphlet a printed certificate of the secretary of state that such copy is a correct transcript of the text of the code, rule or regulation as published in such official compilation or supplement thereto. For such a certificate the secretary of state shall collect such a fee as he shall deem just and reasonable.

L. 1951, c.800

Executive Law Section 106-a. Internet access to the New York code, rules and regulations.

The department of state shall post or maintain a link on its website to an unofficial version of the New York code, rules and regulations, which shall be provided at no cost to the end users. All state agencies which have adopted rules and regulations shall maintain a link to the department of state website which contains such link.

L. 2007 c.407 Sec. 1 eff. Jan. 1, 2008

Posted On: March 10, 2008

Manhattan U.S. Attorney Charges Organizers and Managers of International Prostitution Ring

"more than $1 million in alleged prostitution proceeds laundered through two front accounts.

For additional information click on links below to the Press Release and the Complaint

Press Release

To view the Emperors Club complaint, U.S. v Mark Brener et. al. click here.

Posted On: March 10, 2008

Windows Vista Virtulization: What You Need to Get Started

BY: Ruest, Danielle and Nelson Ruest. 'Windows Vista Virtulization: What You Need to Get Started," News. (March 10, 2008).

"Running Vista in a virtual machine gives users access to all of the operating system's features while avoiding hardware and application-compatibility obstacles. Here's a primer to get you started, with a link to a free, downloadable e-book."

To see complete article and links referenced, click here.

Posted On: March 7, 2008

William S. Hein & co., Inc. & the American Association of Law Libraries Are Looking for Proposal Ideas for the AALL Publication Series

William S. Hein & Co., Inc. & the American Association of Law Libraries are Looking for Proposal Ideas for the AALL Publications Series

Do you have an idea for a new publication? The AALL Publications Committee, together with William S. Hein & Co., Inc. welcomes proposals relating to law librarianship for additions to the AALL Publications Series. Publications within the series vary widely in their subject matter, covering traditional technical services, information technology, advances in technology with respect to library functions, and subject-specific manuals, bibliographies, and research guides. To review titles currently available within the series, visit AALL’s web site at Instructions on how to submit a proposal can be found at"

Posted On: March 7, 2008

ABA Journal Weekly Newsletter March 7, 2007

March 7, 2008

Our Top Ten Stories of the Week

Test to Spot Liars Takes Center Stage in Personal Injury Cases
Mar 5, 2008, 06:20 am CST

Expert witnesses are citing a test designed to spot those who are faking their pain in hundreds of court cases, prompting debate about its reliability


Legal Ethics
Does Lawyer's E-Mail Snooping Merit 2-Year Suspension?
Mar 3, 2008, 06:23 pm CST

How Big Law Firms Can Retain the 'Lost Generation' of Unhappy Associates
Feb 29, 2008, 06:36 am CST

3 Lawyers' New Gigs: Headmistress, Concrete Worker, Rap Artist
Mar 6, 2008, 11:39 am CST

Legal Ethics
Lawyer, Client Sanctioned $29K for Client's Profanity-Laced Deposition
Mar 5, 2008, 08:39 am CST

Heller's Associate Bonanza: Bonuses Restored, Training Added at No Charge to Clients
Mar 3, 2008, 06:11 am CST

Law Firms
Jenner & Block Demotes or Ousts at Least 10 More Equity Partners
Mar 6, 2008, 10:44 am CST

Legal Ethics
Speeding Lawyer Not Fast Enough on Her Feet With Court Excuse
Mar 3, 2008, 05:30 pm CST

Attorney Fees
Court: 'No Way on Earth' Should Lawyers Get Fee of $46K for $45 Error
Mar 5, 2008, 09:25 am CST

Verdicts & Settlements
Lawyer Awarded at Least $10M for Secret Videotaping
Mar 4, 2008, 07:43 am CST

Posted On: March 7, 2008

Tenth Anniversary of the Bernard E. Witkin Memorial Symposium

Susanne Pierce Dyer, Reference/Devilopment Librarian, Bernard E. Witkin Alemeda County Law Library in Oakland, California has sent the following information and announcement regarding the tenth anniversary of the Bernard E. Witkin Memorial Symposium:

"How quickly a decade flies by! As we look back to the first Witkin lecture in May of 1998, it is hard to believe that our tenth anniversary event is coming soon. Now called the Bernard E. Witkin Memorial Symposium, it is co-sponsored the Bernard E. Witkin Alameda County Law Library and the Witkin Legal Institute."

"This year’s topic is “Taking your Practice to New Heights with Effective Management Techniques and Cutting Edge Technologies.” We are very grateful for the assistance of members of the State Bar of California Section on Law Practice Management and Technology for their assistance in organizing the program and recruiting speakers."

I"t promised to be a fascinating and very useful program, and I hope that some of the attorneys you know will be able to attend." See the copy of the flyer with more detailed information below:

The Bernard E. Witkin Alameda County Law Library
The Witkin Legal Institute

Proudly announce the



ROBERT D. BROWNSTONE, Law & Technology Director, Fenwick & West LLP, Mountain View, California

EDWARD POLL, J.D., M.B.A., CMC, Certified Management Consultant and Coach to Attorneys showing attorneys and law firms how to be more profitable

Co-sponsored by the State Bar of California Law Practice Management and Technology Section.

Tuesday, May 20, 2008
11:45 a.m. – 1:00 p.m.
County of Alameda Conference Center, Law Library Building, 125 Twelfth Street, Oakland

$25.00 Advance Registration, $35.00 at the Door includes informal lunch
Registration: (510) 272-6486 Additional Information: (510) 272-6486
One MCLE Credit

The State Bar of California has approved this activity for Minimum Continuing Education Credit in the amount of one (1) hour of credit. The Witkin Legal Institute / Thomson-West certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

Posted On: March 7, 2008

CLLB Information Security Newsletter

CLLB Information Scurity Newsletter
March 2008
Volume 1, Issue 2

Annual Maintenance For Computers

From the Desk of David Badertscher

Perform Annual Maintenance in Conjunction With Daylight Savings Time Change

In addition to your routine security and maintenance processes, you should perform an annual PC “tune up” or maintenance to be sure that your computer is operating efficiently, that appropriate software updates and settings have been applied and to minimize the risk of losing your data. Performing your annual check up with the switch to Daylight Savings Time is a great way to develop an annual schedule. One important step to take before performing maintenance is to back up all your data, in case anything goes wrong during your maintenance.

System and Data Backups - Review, update and test your file backup process.

If you do not have a backup system, consider purchasing a portable back up hard drive.
Check your scheduled “backup” scheme to see if it is still applicable. Add folders and files to be backed up as necessary. Test the restore function for the backed up files to ensure the restore works properly. Create a folder on you computer and restore your back up to the folder. Afterwards, delete the test folder.

Firewall - Check firewall settings to check for a current licensed version and updates.

Review settings for product configurations. Confirm settings are appropriate for the current level of security needed. Review firewall settings to ensure they are configured for automatic updates (if available), known applications are allowed, known inappropriate sites are blocked and known port scans are blocked. Confirm that the firewall is updated and that the license is current (if applicable).

Internet Browser - Check your browser configuration to ensure you have appropriate secure zone settings.

Review current zone settings (Tools/Internet Options/Security tab) for appropriate levels. The minimum level of security should be the default level which is set at Medium-High for the Internet zone. Adjustments can be made based on your needs.Confirm “Automatic Update” settings for your browser are set properly (applied at least weekly or as available).

Anti-Virus, Anti-Spam, and Anti-Spyware - Check all products for current versions and updates.

Confirm “Automatic Update” settings are set properly (applied at least weekly or as available).Confirm that applicable updates have been applied and that you have current versions and updates for all products. You may need to visit the vendor site for details. Confirm that your software licenses are current (if applicable). Run complete virus and anti-spyware scans on all drives. This should be done on a weekly basis.

Other Computer Software - Update other frequently used software programs, especially those that interface with the Internet.

Some software programs have “Automatic Update” features, others do not. Check your software programs (media players, music players, Adobe, etc.) for updates and new software versions. Follow the instructions within each program for updating.

The recommendations below are designed for Windows XP Operating System (since this the most prevalent operating system) and thus some steps may be slightly different with other Windows operating systems.

Operating System - Check for updates and remove unneeded programs.

Confirm that the “Automatic Update” settings are set properly (applied at least weekly or as available). Confirm that Applicable updates (Critical, Important) have been applied to your operating system (Settings/Control Panel/Add or Remove Programs and click Show updates).
Remove old System Restore Points – Use Start/Control Panel/System/System Restore tab, check “Turn off System Restore” box to remove all restore points except the most recent.
Remove unneeded programs and “trial” programs. Go to Settings/Control Panel/Add or Remove Programs to uninstall a program.

Hard Disk Drive Maintenance - Ensure your hard disk is operating at peak efficiency.

Scan your Hard Disk for errors. In Windows Explorer select the drive then right click-Properties/Tools/Check Now/.

Check “Automatically fix file system errors” and “Scan for and attempt recovery of bad sectors.” Defragment your Hard Disk Drive. The data on your hard drive can get separated or fragmented and therefore makes your computer less efficient. Defragmenting physically reorganizing the data to store the pieces of each file close together for more efficient storage and retrieval. In Windows Explorer select the drive then right click-Properties/Tools/Defrag Now.
Remove old files and emails on your PC. Remember to empty the “Recycle Bin” or “Deleted Items” (Outlook) folders.

Clean up your disk to remove cookies, temp files, cache, and history files. Go to Start/Program/Accessories/System Tools/Disk Cleanup.

Additional resources for PC maintenance can be found at:

Microsoft PC Care Online

Microsoft Backup Utility

For more cyber security monthly tips go to:

More News:

From SC Magazine Newswire March 4, 2008.

Fake Department of Justice complaint-spam strikes again
Jim Carr March 03, 2008
"In what could presage a rash of tax-time spam emails purportedly from government agencies, security researchers at MX Logic have uncovered an influx of keylogger-laden emails spoofing the U.S. Department of Justice (DOJ). "

Sourcefire offers weak outlook following rough fourth quarter
"Dan Kaplan February 29, 2008
A dismal earnings forecast this week from intrusion prevention maker Sourcefire underscores some of the challenges facing public IT security companies, a pair of analysts said Friday."

Report outs banks with most ID theft complaints
Sue Marquette Poremba February 29, 2008
"Consumers, regulators, and businesses have no way to reliably assess the incidences and frequency of identity fraud at major financial institutions, a new study concludes."

Survey: IT security employees in demand, but skills lack
Sue Marquette Poremba February 28, 2008
"There is a wide gap between IT security skills that organizations need and the skills IT professionals bring to the job, according to a new survey by the Computing Technology Industry Association (CompTIA)."

From Government Computer News, March 7, 2008.

Biometrics accreditation planned
"The Homeland Security Department has asked the National Institute of Standards and Technology to develop a Biometrics Laboratory Accreditation Program that would accredit laboratories to evaluate biometric ID systems."

Posted On: March 4, 2008

Tammy Raum's Internet Research Tips for Women's History Month, March 2008


March is Women's History Month, and a wealth of historical, social, political, and cultural knowledge is available on the internet. The following internet page of the NWHP (National Women's History Project) highlights notable achievements of outstanding women.

To really appreciate the nature and scope of Women's History Month one needs to become acquainted with the work of NWHP. Here are some pertinent excerpts from their web site:

"The NWHP is the catalyst, the content provider, the behind-the-scenes director of a myriad of activities promoting women as leaders and influential forces in our society. Over the past 25 years, the NWHP, founded in Santa Rosa, California, has established a nationwide presence as the number one resource for information and material about the unfolding roles of women in American history. The NWHP leads both local and national efforts, consults, publishes, distributes, inspires, advises, and networks with a wide variety of institutions and activists in the field."

"Every year in March, the NWHP coordinates observances of National Women’s History Month throughout the country. The NWHP originated this widely recognized celebration and sets the annual theme, produces educational materials, and chooses particular women to honor nationally for their work. Women’s History Month programs, community events, plays, essay contests, and related projects often have wide-ranging effects"

Here are some additional links which help clarify the significance of Women's History Month as well as the work of NWHP :

  •      About the NWHP

  •    Women's History Month

  •      News and Events

  • Resource Center
  • The following websites provide additional information related to Women's History Month and also address other related topics such as Women's Studies and and Women's Resources more generally:

    Women's Studies / Women's Issues Resource Sites: is a selective, annotated, highly acclaimed listing of web sites containing resources and information about women's studies / women's issues.

    If you're looking for sites on a specific women-focused topic, you may prefer to use the following subject sections rather than scroll through the all-inclusive alphabetical listing:

    Arts and Humanities (including History)
    Comprehensive, Multi-Disciplinary Sites
    Cyberculture and Internet Info
    Girls and Young Women
    Higher Education
    Women of Color

    There is also a link for listing of 700+ internet sites for Women's Studies Programs at: This website is maintained by Joan Korenman the Founding Director of the Center for Women and Information Technology, Professor Emerita of English, and Affiliate Professor Emerita of Women's Studies at the University of Maryland, Baltimore County (UMBC).

    Last but certainly not least, Rutgers University Libraries has prepared an excellent selection of library and internet resources, including the following sample with noteworthy political links compiled by Natalie Borisovets. She is Head of Public Services at the John Cotton Dana Library at Rutgers.

    Basic Reference Finding Books: Library Catalogs Finding Articles: Indexes Newspapers Public Policy & Opinion Legislation Documentary Collections Image Collections Green Book Data

    *Tammy Raum, (Retired Law Library Director, JP Morgan Chase)
    (Senior Reference Librarian, NYC Law Dept. Library - part-time)

    Posted On: March 4, 2008

    Above the Law's David Lat Booted From Facebook

    The following was posted on the LAW.COM: Legal Blog Watch on March 3, 2008 by Carolyn Elefant:

    "Everyone in the blawgosphere knows that David Lat is Above the Law. Everyone, that is, except Facebook, which apparently has its own laws that even a blogger of Lat's stature can't transcend. Facebook recently banished David Lat from its site, without explanation, according to Daniel Solove at Concurring Opinions. Fortunately, the suspension didn't last long -- as of this afternoon, Lat reports that Facebook responded to Lat's appeal and reinstated his account.

    Lat's sudden suspension has triggered a discussion among legal bloggers over what type of process is due customers of Facebook prior to ejection from the site. This isn't the first time that a user's expulsion from a Web site has generated controversy. Last year, a Second Life user challenged the site's suspension of his account, with the judge invalidating the Terms of Service as an unconscionable contract of adhesion. But given Lat's status as an A-list law blogger, his experience has attracted more discussion from the legal blogosphere.

    Dan Solove frames the issue this way:

    As more of our lives become dependent on Web 2.0 technologies, should we have some sort of rights or consumer protection? Is Facebook the digital equivalent to the company town?

    Solove notes that currently, Facebook does not have any obligation to even explain why it terminated Lat under its Terms of Use. On the one hand, Solove recognizes that Facebook owns the site, and it can set the rules. But on the other hand, he argues that people put "a lot of labor and work into their profiles on the site" and that it takes time and effort to build and maintain a network of friends. Moreover, Facebook encourages people to use its service in this manner and reaps the financial benefits of extensive use. Thus, Solove wonders whether Facebook users "should be granted any kind of rights or protections" when they use the site.

    Professor Larry Ribstein says asking private businesses to act like public utilities is asking for trouble. Ribstein believes that contract law and the free market adequately protect Facebook users -- and that if Facebook wants to attract and retain customers, it will grant them rights "up to the point that they are profit-maximizing for Facebook." Ribstein also suggests that Facebook's knee-jerk expulsions may be the result of Facebook's increased liability exposure caused by the actions of its users.

    As a David Lat fan, I hate the fact that Facebook kicked him out, albeit temporarily. And as a Facebook user myself, I don't relish the thought that my account and all of my contacts could be expunged without notice and for no apparent reason.

    At the same time, what I hate more than any of this is the potential regulation of Web 2.0 applications that even in Internet years, are still in their infancy. Eventually, I think we'll see these services evolve, with the emergence of high-end sites geared exclusively for professionals, that will likely offer the kind of extensive procedural and privacy protections that more sophisticated users will demand. Like Professor Ribstein, I'm confident that the market will eventually address the issue of consumer protection if we give it a chance. It's just unfortunate that one of the growing pains had to be the suspension of David Lat."

    Posted On: March 4, 2008

    Wisconsin State Law Library Newsletter March 2008

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

    * What's New: New Volunteer @ WSLL; Economic Stimulus Checks - A Heads Up
    * This Just In... : New & Updated library materials
    * Click To It! Legal Research @ Your Fingertips: finding law journal articles using the WSLL Catalog
    * The Story of a Great Classic: finding legal classics using HeinOnline
    * Tech Tip in Brief: "I Guess I Should Have Known That" - A Variety of Quick Tech Tips
    * Odds & Endings: St. Patrick's Day 2008; Other March Notables

    Posted On: March 3, 2008

    Internet Society (ISOC) Participates in the Open Consultations of the Internet Governance Forum

    The following was contributed by Bill Graham*

    The Internet Society played a significant role in the second meeting of the Internet Governance Forum (IGF) in Rio de Janeiro in December, 2007. ISOC hosted an Open Forum on ISOC's work and worked with partners to organize or participate in nine other sessions, including the Opening and Closing Panels of the IGF itself.

    Planning has now begun for the 2008 IGF, which will be held in Hyderabad, India from 3-6 December. ISOC Board of Trustees members, ISOC staff members, and a large number of ISOC members participated in the IGF Open Consultations held in Geneva on 26 February 2008. The meeting was convened in the United Nations headquarters and was attended by
    approximately 100 people from civil society, the private sector, governments, and international organizations.

    Discussions at the meeting focused on four topics:

    - an assessment of the 2007 Rio IGF
    - discussion of topics for the 2008 IGF
    - renewal of the IGF Advisory Group, and
    - presentations by organizations and dynamic coalitions
    on their Internet governance-related work.

    ISOC submitted a written contribution to the meeting in advance and spoke twice in the meeting. The contribution is available on the ISOC web site at:

    Speaking for ISOC, Bill Graham (who leads Strategic Global Engagement activities, including the IGF) congratulated the Brazilian hosts for a successful meeting in Rio. He stressed the importance of ensuring that the IGF becomes more practical and useful to those interested in the practice of Internet governance. He commented that ISOC considered it time now for the IGF to really draw out the concrete work and the concrete developments that have happened as a result of its meetings, in terms of the work that's being done by various stakeholders and various communities. This work is not yet adequately captured in a way that allows people to easily get a good picture of how successful the IGF has been. He went on to say that moving forward to India, the IGF needs to focus more on fostering contributions to Internet governance at the national, regional, and international levels. Successful multistakeholder Internet governance discussions at the local level are essential to progressing Internet governance at the global level. Looking forward to the third IGF, ISOC recommended building on
    opportunities to expand the work being done by dynamic coalitions and
    others who are working together in formal and informal ways to make a
    real difference.

    As a main focus, ISOC suggested there be a major focus on getting the next billion - or billions - online. That challenge is real and highlights many, many challenges for governance of the Internet itself, including scalability and sustainability issues. Bill said that taking this very practical focus would allow the IGF to practically address many facets of the themes discussed in its first meetings (access, openness, security, diversity, and critical Internet resources). It also will have direct and important linkages to development and capacity building. Focusing on the "next billion" gained prominence in Rio and ISOC believes it's now time to better understand and address the challenges that this entails. He said that this is something to which the IGF is uniquely positioned to contribute. Learning and collaboration are essential to identifying the challenges and highlighting the solutions to problems of how the Internet is governed.

    The Internet Governance Forum should serve primarily as a facilitator, providing opportunities for action-oriented, formal and informal workshops and meetings. To make that possible, ISOC suggested the Hyderabad meeting should provide a large networking and display space for all stakeholder groups to present their real-world experiences and their efforts to make Internet governance happen locally, nationally, regionally, and internationally.

    The themes that ISOC raised in the Open Consultations were picked up by many other peakers during the day and the suggestions were taken into the IGF Advisory Group meetings that followed. ISOC is planning to promote those suggestions during the coming year, particularly through regional INET meetings and by continuing the successful Ambassador's programs for the 2008 meeting.
    *From the Internet Society Member Newsletter - Volume 7 Number 2 February 2008.

    Posted On: March 3, 2008

    HeinOnLine February 2008 Content Release

    February Content Release

    This month's content release includes the following NEW content:
    12 years added to the Congressional Record Bound
    11 new titles added to the Law Journal Library

    97 new titles added to World Trials

    11 states updated in Session Laws

    1 new title added to Legal Classics

    Click here for a detailed list of new titles and content updates this month.

    Posted On: March 3, 2008

    Top Ten

    [From an article by Tony Mauro in the January 29, 2008 issue of Legal Times]

    “One way to get a rise out of usually reticent federal judges is to ask them about the sentencing mess -- and particularly, the Supreme Court's role in muddying the waters with a series of difficult-to-follow sentencing decisions since the beginning of this century. Frustration and anger will often spew forth."

    "U.S. District Judge Richard Kopf of the District of Nebraska channeled that frustration into a remarkable David Letterman-style Top 10 list, just published along with articles by other judges in the inaugural online companion to the Ohio State Journal of Criminal Law. Kopf, a 1992 appointee of President George H.W. Bush, writes that he devised the list ‘with tongue partly in
    cheek’ and declined to comment on it when we called him on Friday. But it's a provocative jaw-dropper that may get Kopf scratched off the holiday card list at the Supreme Court. Here's just a sampling from what Kopf calls, ‘The Top Ten Things I Learned From Apprendi, Blakely, Booker, Rita, Kimbrough and Gall.’ "

    10. Following the Court's approach, always put off to tomorrow what you can do today.

    9. You don't need experience in actually sentencing people in order to totally screw up the law of sentencing. It is telling and painfully obvious that not a single Justice ever had to look a federal defendant in the eye while not knowing what law to apply.

    8. Footnote 9 in Blakely (‘The Federal Guidelines are not before us, and we express no opinion on them.’) is the biggest practical joke in the history of American law...

    5. Some sentencing judges used to take the Supreme Court seriously, but that got harder and harder beginning with and following Apprendi...

    3. Justice Scalia's dictum should be rewritten this way: The rule of law is the law of rules except when it isn't...

    1. There are a lot of really good, hard-working people ‘in the field’ plus tens of thousands of defendants who deserved far better than the seven years of ‘water boarding that ensued between Apprendi and Gall.’ ”
    "A nuisance may be merely a right thing in the wrong place, - like a pig in the parlor instead of the barnyard."

    [George Sutherland, Euclid v. Ambler Really Co., 272 U.S. 365, 388 (1926)]
    Thanks to, In Chambers: A Commonplace of Interesting and Legal Things Compileed by, March 2008.

    Posted On: March 3, 2008

    Liar, Liar, Pants on Fire

    [From “The History of an American Obsession: The Lie Detectors” by Ken Alder.]

    “Despite this warning, the search for Momus’s window has continued down the centuries. The Greeks developed a science of physiognomy to assess people’s character from their facial features and gestures. On the assumption that anxious deceivers generated less saliva, uspected liars in ancient China were asked to chew a bowl of rice and spit it out. Judges in India scanned for curling toes. One pious Victorian physician suggested that God had endowed human beings with the capacity to blush so as to make their deceptions apparent. Today, you can pick up the basics of body language for a few bucks on almost any library resale
    table – ‘Who’s Lying to You and Who’s Lusting for You!’ – along with guides for potting tricksters when you travel abroad. Popular manuals, updated with the latest findings of neuroscience, advise you how to track the eye movements and hand gestures of your spouse, boss, and stockbroker.

    “Yet experts on deceit – the sort of psychologists who regularly ask Americans to lie to one another in laboratories – tell us that the vast majority of us are very bad at detecting deception, despite our confidence in our own powers. IN 2006, one review of the available research concluded that people can successfully sort truth-tellers from liars only 54 percent of the time, or about as well as blind guesswork. Surprisingly, the more intimately we know the deceiver, the worse we do. Even cops, judges, and psychologists – those citizens
    professionally licenses to sort truth-tellers from liars – don’t get it right much more than half the time.”

    Thanks to: In Chambers: A Commonplace of Interesting and Legal Things Compiled by

    Posted On: March 3, 2008

    New York City Pro Bono and Legal Services Training Calendar for March 2008

    This monthly summary of the online calendar has been developed by Pro Bono Net in collaboration with The Legal Aid Society, Legal Services for New York City and Volunteers of Legal Service. We hope that this format will make it easy for you to keep abreast of upcoming events relevant to the delivery of legal assistance to low-income New Yorkers.

    To see the Legal Services Training Calendar, click here.

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