Posted On: June 26, 2008

ABA Criminal Justice Secrtion Announces CLE Programs for 2008 Annual Meeting

ABA Criminal Justice Section Annual Meeting 08 CLE

Click here for complete Agenda

It’s Time for Justice: How to Handle Financial Exploitation of the Elderly

Friday, August 8, 2008, 8:30 a.m. – 10:00 a.m., Conference Room K, Executive Conference Center, Sheraton New York
Moderator: Lori G. Levin, Executive Director, Illinois Criminal Justice Information Authority, Chicago, IL
Speakers: Kristen Kane, Chief of the Elder Fraud Unit, Economic Crimes Bureau, Queens County District Attorney's Office, Kew Gardens, NY; Dr. Bennett Blum Forensic and Geriatric psychiatrist, Tucson, Arizona; Mary Killough, Manager, Division of Home and Community Services, Illinois Department on Aging, Springfield, IL

Individual Ticket prices: General Admission $75.00;Government Attorneys and Judges - $35.00, Law Students – Free

The Legality and Practicality of Remote Witness Testimony

Friday, August 8, 2008, 2:00 p.m. – 3:30 p.m., Conference Room K, Executive Conference Center, Sheraton New York

Presenters: Frederic I. Lederer, Center for Legal and Court Technology, Williamsburg, VA; Judge Herbert B. Dixon, Jr., Superior Court of D.C., Washington, DC; Richard K. Herrmann, Morris James, LLP, Wilmington, DE

Individual Ticket prices: General Admission $75.00;Government Attorneys and Judges - $35.00, Law Students – Free

Annual Survey of Supreme Court Decisions – Criminal Cases

Friday, August 8, 2008, 3:45 p.m. – 5:15 p.m., Conference Room L, Executive Conference Center, Sheraton New York

Moderator: Professor Rory Little, University of California, Hastings College of the Law, San Francisco, CA

Individual Ticket prices: General Admission $75.00;Government Attorneys and Judges - $35.00, Law Students – Free

The Rule of Law and Juvenile Justice

Saturday, August 9, 2008; 2:00 p.m. – 3:30 p.m., Conference Room J, Executive, Conference Center, Sheraton New York

Moderator: Hon. Judith S. Kaye, Chief Judge, State of New York, New York, NY
Speakers: Dr. Thomas Grisso, Univ. of Massachusetts Medical Center, Center for Mental Health Services Research, Department of Psychiatry, Worcester, MA Michael Lindsey, President, Nestor Consultants, Dallas, TX; Laura Cohen, Clinical Professor of Law, Rutgers Law School, Newark, NJ; Kathryn Richtman, Ramsey County Attorneys Office, St. Paul, MN

Individual Ticket prices: General Admission $75.00;Government Attorneys and Judges - $35.00, Law Students – Free

Defining the Boundaries: The Use of Private Contractors in Contingency Operations

Saturday, August 9, 2008; 2:00 p.m. – 3:30 p.m.; Conference Room K, Executive Conference Center, Sheraton New York

Moderator: Professor Stephen Saltzburg, George Washington University Law School, Washington, DC;
Speakers: David Hammond, Crowell Moring, Washington, DC; Anthony Joseph,
Maynard Cooper & Gale, PC, Birmingham, AL; Robert Litt, Arnold & Porter,
Washington, DC; Karen L. Manos, Gibson Dunn & Crutcher, Washington, DC;
James MacGuill, President, Council of the Law Society of Ireland, Dublin, Ireland;
Luz Nagle, Stetson University, St. Petersburg, FL; Peter H. White, Mayer Brown Washington, DC

Individual Ticket prices: General Admission $75.00;Government Attorneys and Judges - $35.00, Law Students – Free

Miranda Warnings and Waivers: The Latest Research and its Practical Applications

Sunday, August 10, 2008, 2:00 p.m. – 3:30 p.m., Conference Room K, Executive Conference Center, Sheraton New York

Moderator: Dr. Eric Y. Drogin, Hingham, MA
Speakers: Judge John Creuzot, Dallas, TX; Dr. Richard Rogers, University of North Texas, Denton, TX; Daniel Shuman, Southern Methodist University School of Law Dallas, TX

Individual Ticket prices: General Admission $75.00;Government Attorneys and Judges - $35.00, Law Students – Free


Posted On: June 25, 2008

Selections from American Libraries Direct June 18, 2008

From the American Library Association (ALA).*

Midwest libraries endure rising floodwaters

"Days of sandbagging could not keep the Cedar River out of Cedar Rapids, Iowa. Overflowing barriers on June 12, it deluged more than 100 blocks of the city’s eastern side, including the Cedar Rapids Public Library (a YouTube video, above left, shows the library at about the 6:20 mark). Some 64 miles to the northwest, some 18 inches of water destroyed the wooden interior of the Elizabeth Rasmussen Martin Memorial Library in New Hartford (bottom left). In Iowa City, the University of Iowa ordered the June 13 closing of the Main Library and a number of other campus buildings in the wake of several area bridges collapsing. Hundreds of volunteers formed a chain (top right) to remove books and dissertations from the campus library, while others transferred artwork from the museum as the arts campus was submerged. River towns throughout the upper Midwest continue sandbagging in anticipation of record overflows predicted to hit by June 20..."

.ProQuest to acquire Dialog

"Ann Arbor, Michigan–based electronic publishing company ProQuest signed an agreement June 12 to purchase the Dialog database service from media company Thomson Reuters. The transaction is expected to close by mid-July, pending completion of a formal consultation period and other customary closing conditions, ProQuest CEO Marty Kahn told American Libraries. Financial terms of the transaction were not disclosed...."

Arkansas library evicts court from building

"In what might prove to be the end game in a conflict that has persisted for over a decade, the Pine Bluff–Jefferson County (Ark.) Library System served an eviction notice to District Court Judge Waymond Brown June 10 requiring him to remove his court’s operations from the ground floor of the library building. Division 2 of the Jefferson County District Court has occupied the space since 2001 in an arrangement that was intended as a temporary measure...."

Libel suit over digitized article dismissed

"A federal judge has dismissed a $1-million lawsuit filed by a Cornell University alumnus who claimed that the school libeled him in a 1983 Cornell Chronicle article reporting that he had been charged with third-degree burglary when he was a student. Back issues of the Chronicle, a newspaper published by the university’s press office, are being digitized by the campus

Defining digital preservation

"The ALCTS Preservation and Reformatting Section has developed a definition of digital preservation. It was developed to promote an understanding of digital preservation within the library community as well as its allied professions and user communities. The definition marks a current understanding of digital preservation and grew out of a conversation held at the Digital Preservation Discussion Group at the ALA 2007 Midwinter Meeting...."

How to annoy a public librarian

"Five suggestions from Roland Saint-Laurent, among them: 'If the computer you’re working at has icons, delete them all as soon as you finish your session. I don’t know why patrons do this, but I will occasionally see a computer station with either one, a couple, or all of the icons missing. Since there are a ton of computers in the library, it’s usually not a terrible inconvenience to the public,' but it certainly is annoying to the staff.."..
Stay Down Here Where You Belong, June 17

Talking points against the new Canadian copyright bill

"A bill to amend Canadian copyright law that would make it illegal to circumvent digital rights management technologies, Bill C-61, is currently before Parliament. Brendon Wilson offers a concise set of talking points to use when educating your friends and informing your Member of Parliament about the wide-reaching ramifications of the legislation on consumers’ rights. Open Source Cinema has created a PSA video (0:50) about the bill....
Brendon Wilson, June 16; Open Source Cinema"

ISBNs for digital books

"Peter Brantley writes: “Already, publishers are making a single EPUB digital book package, and then leaving the proliferation of more discrete e-book reader formats to intermediaries, distributors, and wholesalers. Ingram will make the XYZ, Amazon will make the Kindle format. The publisher is only responsible for one file—the .epub package. We are rapidly jerking forwards into a near-term future where ISBNs will be assigned for derivative digital book products by intermediaries, not publishers.”...
Publishing Frontier, June 16"

100 useful web tools for writers

"Laura Milligan writes: 'Whether you’re a freelance writer or someone with regular hours, the internet can provide you with unending support for your practical duties (like getting paid) and for your more creative pursuits—like developing a plot, finding inspiration, and playing around with words. Turn to this list for 100 useful web tools that will help you with your career, your sanity, and your creativity whenever you write.'..."

To see entire issue, click here.
*Submitted by Philip Y. Blue, Senior Law Librarian
New York Supreme Cour Criminal Term New York County

Posted On: June 20, 2008

New ABA Publication: SCITECH e-Merging News

The ABA Section of Science and Technology Law has just published the first edition of SCITECH e-Merging News, an electronic newsletter to be published quarterly. See theTable of Contents for the first issue follow:


Practice Edge


The Biotechnology Law Committee's weekly update publishes a roundup of hyperlinks to current legal, business, regulatory, and scientific developments in the industry.


Claiming Pitfalls in Bioinformatics Patent Applications

Analysis by category patent data from the USPTO shows that the number of patents issued for bioinformatics-related subclasses is relatively low. One explanation offered for this decline is "the relative difficulty of patenting bioinformatics innovations." This article provides practical suggestions to overcome this difficulty and thus to obtain meaningful IP protection for inventions in bioinformatics.


E-Tech Update

In this quarterly column, find coverage of Internet jurisdiction, IEE standards, RIAA lawsuits, and FISA and FOIA.


Judicial Neuroscience Seminar
Judges increasingly are confronted with cases – criminal and civil – that present issues at the frontiers of science and technology.

SciTech Standards Law Update

The Technical Standardization Committee's quarterly newsletter highlights relevant updates, news items and developments.


Please click here to complete the on-line form to inform Section members about a change of employer, position or office. Section members may also share information about professional association appointments or leadership activity on boards. These colleague updates will be shared on a quarterly basis through the SciTech e-Merging News. The Section looks forward to keeping members connected through this communication.


Section News

Bylaws Revised

The ABA Board of Governors recently approved the Section's request to amended our bylaws in two ways.


Nominating Committee Report
The 2008-2009 Nominating Committee, chaired by Ruth Hill Bro, is pleased to announce the nominees for Section Officer and Council Positions for the 2008-2009 bar year.

Register Today for ABA Annual Meeting
The Section is pleased to invite you to all of the spectacular programs and events we have planned.

United Nations E-Contracting Convention
The Section Council voted to send a report with recommendation to the ABA House of Delegates urging the U.S. Government to ratify the United Nations Convention on the Use of Electronic Communications in International Contracts.

Posted On: June 20, 2008

Some Recent ABA Publication Announcements June 2008*

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.

Product Details: 5090112
Regular Price: $79.95
CJ Section Member Price: $64.95 ©2007
6 x 9 - Paperback
396 pages, Paper

Vouching: A Defense Attorney's Guide to Witness Credibility, Law and Strategy

By Donna Lee Elm
This one-of-a-kind book supplies all you need to know about the sometimes misunderstood concept of “vouching”. In fifteen chapters you’ll find the topic of vouching covered from every angle, backed up with relevant case citations whenever applicable. You’ll discover when it’s permissible, and when it’s prohibited. You’ll get a cleared picture of where the illusive grey areas lie, and learn to recognize when it’s been crossed. If you are a trial lawyer, prosecution or defense, you need this book to help establish your expertise in the sometimes confusing area of vouching.

Product Details: 5090112
Regular Price: $89.95
CJ Section Member Price: $74.95 ©2008
6 x 9 - Paperback
250 pages, Paper

The Litigation Manual: Jury Trials
Weyman I. Lundquist and Alyson Pytte, Editors

The Litigation Manual has been valued as much for its refreshing style as its practical, how-to approach. This addition to The Litigation Manual library focuses on jury trials. The book includes the most useful articles from Litigation journal, taking you through the steps of a jury trial. The book provides concrete, time-proven techniques and innovative ideas from many of the country's preeminent trial lawyers and judges. And it contains some of the best legal writing available -- clear, informal and never dull. Read it and you will learn how to deal more effectively with the situations you face in preparing for and conducting a jury trial. Topics include:

· Understanding Today's Jurors
· Finding the Jurors You Want
· Instructing the Jury
· Winning Over the Jury
· Telling the Jury a Story
· Opening Statements
· Witnesses
· Complex Cases
· Closing Arguments

The Curmudgeon's Guide to Practicing Law
By Mark Herrmann
"Funny" -- "Clever"-- "Insightful"-- "Great read"

When the Curmudgeon speaks, pay attention. He will make you a better lawyer. He offers practical and honest, if blunt, advice for surviving and thriving in a law firm. Read the Curmudgeon and find out what drives law partners crazy, what will impress them and what ten mistakes you should avoid. Concise, humorous and full of valuable (but curmudgeonly) insight, this is a must-read for every lawyer and law student.

Science for Lawyers
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, the book covers these subjects in terms that are not only easy to understand, but fascinating to read.
Listen to Eric Y Drogin J.D., Ph.D. discuss why lawyers need a scientific primer

The Creative Lawyer: A Practical Guide to Authentic Professional Satisfaction

By Michael F. Melcher
The Creative Lawyer is a self-help and career-management book for lawyers of all levels of experience. Written by Michael Melcher, one of America's leading career coaches who is himself an attorney, the book is a step-by-step method for imagining and realizing your path to personal and professional satisfaction.

Brilliantly written, consistently practical, and filled with scores of illuminating exercises, The Creative Lawyer is the book you need to rethink your definition of success.

Never Enough: One Lawyer's True Story of How He Gambled His Career Away
By Michael J. Burke
"I heartily recommend this book for every lawyer in America and to anyone whose life is being sadly touched by a loved one undergoing an addiction of any kind."
--John W. Reiser, President, Washtenaw County Bar Association, Ann Arbor, Michigan"

Never Enough is the shocking, true story of Michael J. Burke, who went from being a successful lawyer, loving father and husband, and respected member of his community to a closet alcoholic and gambling addict to the tune of $1,600,000.00, using his client's trust account funds. It’s is a succinct, powerful book that will open your eyes to the reality of gambling and alcohol addiction and what it can do to any professional's life -- even in the happiest and most successful of situations.
* All of the above descriptive material was prepared by ABA Publishing unless otherwise noted. Although all of the above information is from recent ABA announcements, some of the books noted have also appeared in previous announcements from ABA Publishing.

Posted On: June 19, 2008

How Trustworthy Are State-Level Primary Legal Resources on the Web?

David Badertscher*

How trustworthy are state-level primary legal resources on the Web? The American Association of Law Libraries (AALL) published the State-by-State Report on Authentication of Online Legal Resources (Authentication Report) that answers this very important and timely question. The comprehensive report examines and draws conclusions from the results of a state survey that investigated whether government-hosted legal resources on the Web are official and capable of being considered authentic. The survey was conducted by the Access to Electronic Legal Information Committee of AALL. The principal authors and editors of the comprehensive report were Richard J. Matthews, Editor in Chief of the 2005-2006 Access to Electronic Legal Information Committee and Mary Alice Baish, Executive Editor, AALL Washington Affairs Office; volunteer authors were responsible for sections within the comprehensive report devoted to individual states. The survey and comprehensive authentication report could not have been completed without their efforts.

The Authentication Report follows the publication in 2003 of AALL's State-by-State Report on Permanent Public Access to Electronic Government Information that researched and reported what, if anything, state governments were doing to meet the enormous challenges of ensuring permanency and public accessibility of government information on the Web. The Permanent Public Access Report raised national awareness and encouraged states to take steps to ensure permanent public access to electronic state government information. As a result, several states have enacted legislation requiring permanent public access.

The trustworthiness of online legal resources is fundamental to permanent public access and is inherently a matter of great concern to the legal community. Thus, AALL undertook its investigation of the authenticity of online legal resources in 2006-2007 as an important follow-up and corollary to the Permanent Public Access Report.

The Authentication Report presents the findings of a survey that targeted six sources of law: state administrative codes and registers, state statutes and session laws, and state high and intermediate appellate court opinions. The summary answer to the question of the trustworthiness of these online legal resources is that a significant number of state online resources are official but none are authenticated or afford ready authentication by standard methods. State online primary legal resource are, therefore, not sufficiently trustworthy.

AALL's Authentication Report raises concerns that must be addressed by the states, both as high-level policy decisions and practical matters. AALL believes that the Authentication Report will serve as a guide for states to correct smaller-scale deficiencies in their current dissemination of online legal resources and to initiate long-term progress toward the all-digital legal information environment that will enhance each state's fundamental interaction with its citizens.

The Authentication Survey's findings indicate that while some states are beginning to address issues discussed in the AALL Authentication Report, the government publishers of electronic legal information have not been sufficiently deliberate in their policies and practices to ensure that information obtained from their websites can be relied upon and can be verified to be complete and unaltered when compared with the version approved or published by the content originator. Such verification is an essential prerequisite if digital legal resources are to be trustworthy and truly merit both official and authentic status.

Achieving an acceptable level of authenticity and trustworthiness requires appropriate authentication procedures. Standard methods of authentication may include encryption, digital signatures and public infrastructure but other methods to adopt best practices are also possible. Certification and other types of formal endorsement of legal resources are a vital link in the "chain of custody" involved in dissemination, maintenance, and long-term preservation of digital legal information. That chain may contain a link to computer technologies that guarantee the very copy delivered to one's computer screen is uncorrupted and complete or it may be part of other archival methods.

The authentication survey and report are not the only steps AALL has taken to address this issue. It convened a National Summit on Authentication of Digital Legal Information near Chicago where approximately fifty delegates from the judiciary, the legal community, state governments, and interested organizations, all of whom share AALL's concern about ensureing the authenticity of digital legal information, participated in discussions about the Authentication Report findings and explored legal and technological solutions to ensure that state online legal resources are authenticated and trustworthy.

Hon. Herbert B Dixon, Jr, who sits on the Superior Court of the District of Columbia was one of the delegates to the National Summit. He has since written an article “The Lack of Effort to Ensure Integrity and Trustworthiness of Online Legal Information and Documents,” (see 46 The Judges’ Journal 42-45 (Summer 2007)) in which he cautions that “ as more and more courts and agencies institutionalize the use of electronic filing and the maintenance of records, the courts will need to address certain lurking issues to ensure the integrity and trustworthiness of legal documents. Judge Dixon concludes his article by writing: “..The AALL study [Authentication Report] is convincing that the time is now to implement these steps to ensure the integrity and trustworthiness of online legal information.”

In February 2008 the Uniform Law Commission informed AALL that it has approved the creation of a new Study Commission on Online Authentication of Legal Materials to investigate the issues and discuss the feasibility of a uniform law or model act on digital authentication. The chair and members of the new study committee will be named shortly after the NCCUSL annual meeting in August.

As mentioned earlier, the state survey upon which the findings in the Authentication Report are based, was conducted by the Access to Electronic Legal information Committee of AALL. That Committee is continuing to help address these issues and concerns in a variety of ways, including developing guidelines for ensuring greater authenticity of information on government websites and continuing to monitor the progress of state-by-state efforts related to address issues and concerns noted in the Authentication Report. To further these efforts AALL and its members would like to build alliances with states to help overcome legislative and technical obstacles to providing residents of each state with permanent access to reliable official legal information on the web.

David G. Badertscher is the Principal Law Librarian, New York Supreme Court Criminal Term, First Judicial District and a member of the Access to Electronic Legal Information Committee of AALL.

This article has also been published by LEXOLOGYat

Posted On: June 19, 2008

Codes Rules and Regulations of the State of New York (NYCRR), Sections Affected

Register Citations from 8-1-07 to 6-11-08 (Cumulative)

The following citator compiled by James R. Sahlem, Principal Law Librarian of the New York Supreme Court at Buffalo, 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.


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
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 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.

NYCRR Sections Affected June 2008 # 2

Posted On: June 13, 2008

ABA Journal Weekly Newsletter June 13, 2008


U.S. Supreme Court
Supreme Court Rules Guantanamo Detainees Have Habeas Rights
Jun 12, 2008, 09:49 am CDT

"The U.S. Supreme Court has delivered a stunning defeat to the Bush administration in a ruling that gives detainees at Guantanamo Bay a right to challenge their detention in federal courts... "


Legal Ethics
Lawyers Defend Long-Distance Supervision of Overwhelmed Associate
Jun 9, 2008, 12:15 pm CDT

Son of 9th Circuit Chief Judge Says He Maintained Racy Website
Jun 12, 2008, 05:40 am CDT

Trials & Litigation
Lawyer Bans Opponent from Hotel in Hard-Fought IP Case
Jun 9, 2008, 03:46 pm CDT

Law Schools
Stanford Law School Drops Letter Grades
Jun 11, 2008, 12:56 pm CDT

Law Firms
More than 30 Thacher Lawyers Quit in Last 6 Months
Jun 11, 2008, 03:25 pm CDT

Legal Ethics
South Florida Law Firm's Website Worries Ethics Experts
Jun 9, 2008, 11:35 am CDT

Associate Advice: Start Early on Client Development, Stay Late at the Office
Jun 10, 2008, 08:59 am CDT

Jury Can Learn Bratz Doll's Creator Used 'Evidence Eliminator'
Jun 11, 2008, 06:10 am CDT

Legal Technology
Online Social Networking Lessons for Lawyers
Jun 10, 2008, 02:16 pm CDT

Posted On: June 13, 2008

Regisration for Web 2.0 Challenge

Bonnie Shucha has asked us to "spead the word" about the exciting Web 2.0 Challenge that is being sponsored by the Computer Services Special Interest Group of the American Association of Law Libraries. We are happy to do so. Here is part of Bonnie's announcement:

Are you interested in learning about applications like blogs, wikis, and Second Life, but don’t have a lot of time?

Take the Computing Services-SIS Web 2.0 Challenge!

The Web 2.0 Challenge — a free, comprehensive, and interactive online course — will use hands-on exercises to introduce law librarians to many kinds of social technologies in just five weeks. The course will take only 1-3 hours per week.

The Web 2.0 Challenge will take place between July 21 and August 18, immediately following the AALL Annual Meeting. The course will focus on:

Week 1: Blogs & RSS
Week 2: Wikis
Week 3: Social Networking and Second Life
Week 4: Flickr & Social Bookmarking
Week 5: Next Steps: Web 2.0 @ Your Library
For more information, visit the CS-SIS Web site at See also our brochure (PDF).

Registration opens today, so don't wait. We expect that the course will fill quickly.

If you have any questions, please contact CS-SIS Web 2.0 Challenge Co-chairs Deborah Ginsberg, Meg Kribble, or Bonnie Shucha

Bonnie Shucha
Head of Reference
University of Wisconsin - Madison Law Library
Phone: 608-265-5513
UW Law Library Website:

Posted On: June 13, 2008

U.S. Supreme Court: Boumediene v. Bush, President of the United States

From: Findlaw Breaking Legal Documents, June 12, 2008.

Justices Rule Guantanamo Bay Detainees Can File Suit in Federal Courts


"(U.S. Supreme Court, June 12, 2008) - In a close 5-4 majority decision, the U.S. Supreme Court ruled that detainees being held by the Pentagon at Guantanamo Bay can file suit in federal courts to challenge their detentions"

Two contrasting opinions:

New York Times Editorial, June 13,2008: "Justice 5, Brutality 4."

Wall Street Journal, Review and Outlook, June 13, 2008 "President Kennedy"

Posted On: June 12, 2008

Hard Straight: Award Winning Documentary on Parolees' "Time on the Outside"

From Goro Toshima:

I wanted to alert you to my award-winning documentary, A Hard Straight, which shows what it's really like to make the radical transition from prison life to society, by following the post-release stories of three people in close and unflinching detail ...

...One spent his childhood in foster homes, juvenile detention, and the gang life before his adult convictions. Now, the one thing he knows for sure is that he is a 2-striker and another conviction will land him in prison for the rest of his life... The second had logged more time in prison for parole violations than for his original sentence. "My friends are few, and my world is cold," he confides, waiting on a street corner notorious for drug deals... The third, a mother whose oldest daughter had taken in the two younger children during her prison term. Life becomes very complicated very quickly once she gains her freedom. Increasing friction with her daughter comes to a head over her struggle with methamphetamine addiction.

I filmed the men and woman for two years, portraying the ecstatic moment of their release from prison and then the inevitable frustrations and setbacks, as their paths take course and alas, diverge. Recently broadcast nationwide on PBS's 'Independent Lens' and now available from New Day films, A Hard Straight is already being used by prisons, juvenile institutions and university classes throughout the country, and I have been told that the documentary is generating lively discussion among the viewers because it poignantly brings real life to the facts and issues.

If you would like to consider purchasing this film for your institution, ordering information and further details on the details about the film can be found...


Additional information can be found at my site as well...


Posted On: June 11, 2008

Raise Ordered for New York State Judges (Updated Information)

From: Associated Press:

Judges Raise Ordered

June 11, 2008 at 2:17 pm by Rick Karlin

AP is reporting that a Manhattan trial court judge has just ordered the Governor and Legislature to grant judicial pay raises in the next 90 days.

It’s unsure about possible appeals, or the impact on legislative raises which in theory have been linked to judicial raises as a form of political cover - which Justice, Edward Lehner ruled was illegal (the linkage, not the political cover part).

Here’s the story:

NEW YORK (AP) … A judge has ordered New York’s governor, Senate and Assembly to raise the pay of the state’s judges within the next 90 days.

State Supreme Court Justice Edward Lehner in Manhattan says the defendants unconstitutionally abused their power by depriving judges of a pay hike for almost 10 years.

He says state legislators illegally linked a judicial salary increase to one for themselves.

Lehner has ordered the state to raise judicial pay to reflect cost of living increases since 1998.

He was ruling on a lawsuit brought by four judges … and acknowledges he would be affected by his own decision.

Chief Judge Judith Kaye is leading a different lawsuit against the Legislature to secure raises. But she has warned judges not to protest through action from the bench.

See Also: Wise, David. "NY Governor, Legislature Ordered to Raise Pay of State's Judges," LAW.COM (June 12, 2008).


Susan Larabee, Michael Nenno, Patricia Nunez and Geoffrey Wright v. The Governor of the State of New York, New York State Senate, New York State Assembly and State of New York, Defendants. 2008 NY Slip. Op. 28217 Supreme Court New York County, June 11, 2008

Posted On: June 11, 2008

Microsoft's Top Ten Innovationss by James Rapoza

" Let's face it, during the reign of Bill Gates, Microsoft hasn't exactly been Xerox Parc when it comes to inventing and creating new technologies. For the most part, Microsoft has been content to buy or copy new technologies and focus on incremental improvements to its products. But that doesn't mean that Bill Gates and Microsoft weren't innovative. In the areas of business strategies and cutthroat competition, Microsoft has used a combination of unique and very effective innovations to make itself the dominant tech company of the PC era."

Microsoft"s Top Ten "Innovations"

Posted On: June 10, 2008

Conference: Court Leadership and Self Represented Litigation: Solutions for Access, Effectiveness and Efficiency

Self-Represented Litigation Network Leadership Package Launch Conference
Baltimore MD, September 8-10, 2008

In September 2008, the Self-Represented Litigation Network will be launching its leadership package entitled: Court Leadership and Self-Represented Litigation Solutions for Access, Effectiveness, and Efficiency.

Following the model of last years successful judicial conference at Harvard, the launch, to be held at the Court Solutions Conference sponsored by the National Center for State Courts, held in Baltimore on September 8-10 will provide an opportunity for groups of leaders to come together and learn about, and practice the use of leadership tools for innovation for the self-represented.

Attendees will leave the Launch Gathering with a leadership and educational package customizable for training throughout their state or in their courts, and with experience in using that package. The Package will include the customizable tools and resources for self-assessing courts, and for supporting the multi-disciplinary teams that can then implement the specific innovations that will improve access for the self-represented.

Attendees will be expected to prepare "learning by doing" activities, in which they will practice with their peers the use of elements of the package to foster leadership and the implementation of specific solutions. It is the philosophy of the project that attention to the specifics of solutions in the context of an overall vision, will provide the most effective and convincing tools and leadership for innovation.

The Conference is open to the court and access to justice communities. State court Chief Justices and State Court Administrators have already been invited to send teams, but attendance is not limited to these groups.

This gathering provides an ideal opportunity for state and court leaders to hone their vision, focus their strategy, and obtain and become skilled in the use of leadership materials for implementation.

The modules to be presented and launched by national leaders in the field are:

? Court Self-Diagnosis and Strategies for Getting a Court Moving (Including Funding Issues)
? Establishing and Operating Self Help Centers
? Designing and Modifying Physical Space for Access
? Establishing Justice Corps and Volunteer Programs
? Training and Supporting Clerks for Access
? Developing and Deploying Forms and Instructions
? Deploying Automated Forms for Access
? Setting Up Case Management for the Self-Represented
? Working with Judicial Leadership
? Courtroom Staffing and Services for Access
? The Court Role in Establishing and Supporting Discrete Task Representation
? Supporting and Integrating Law Library Services
? Distance Service Technology
? The Limited English Proficiency Challenge
? Developing Systems to Facilitate and Ensure Compliance with Court Orders

For answers to specific questions, contact Richard Zorza,, 202-549-1128.

To register, and for the preliminary agenda, go to

Posted On: June 4, 2008

Analysis and Response - On the Record: Report of the Library of Congress Working Group and the Future of Bibliographic Control

From the Introduction:

"On the Record, the report from the Working Group on the Future of Bibliographic Control, describes a new technological environment in which libraries have exciting opportunities for making information resources available and useful to new and demanding audiences. The Working Group has spent a year studying how best to exercise bibliographic control within this environment. The opening sentence of the report's introduction sums up conclusions with which the Library of Congress agrees: 'The future of bivbliographic control will be collaborative, decentralized, international in scope, and Web-based."

This Response to the report was prepared under the supervision of Deanna B. Marcum, Associate Librarian for Library Services at the Library of Congress.

To see the entire response to the report of the Working Group click here.

Those interested in this topic will also want to see the January 10, 2008 posting on this blog: Final Report: Library of Congress Working Group on Bibliographic Control.

Posted On: June 4, 2008

Pet Peeves at the U.S. Supreme Court*

[From an article in the March 17, 2008 The National Law Journal by Tony Mauro of the Legal Times]

There’s a video out there you may want to see – a web site called “LawProse Inc” on which 8 of the 9 U.S. Supreme Court justices speak about answering questions, writing briefs, arguing before the Court, and their own relationships with written words. For instance, Chief Justice Roberts thinks “lengthy citations to Web sites that are now common in briefs are an ‘obscene’ distraction ‘with all those letters strung together.’ ” Also he doesn’t like overly-long briefs, “I have yet to put down a brief and say ‘I wish that had been longer.’” Justice Breyer is bothered by the same thing, “If I see (a brief that is) 50 pages, it can be 50 pages, but I’m already going to groan,” but “If I see 30, I think, well, he thinks he has really got the law on his side because he only took up 30.”

“Justice Kennedy hates it when lawyers turn nouns into verbs by tacking on ‘-ize’ at the end, as in ‘incentivize.’ Such showy, made-up words, he sniffs, are ‘like wearing a very ugly cravat.”

“Justice Antonin Scalia can’t stand it when briefs refer to a precedent ‘and its progeny.’ He growls, ‘I think it was wonderful the first time it was used. It is trite now. Terribly trite. Get some other expression.’ Scalia also thinks that lawyers are wasting their time when they write a summary of their argument at the beginning of a brief. ‘I mean, why would I read the summary if I’m going to read the brief?’ “ But Justice Thomas disagrees: he says it’s ‘like giving you, you know, what’s going to be on TV next week.’ ”

The site also reveals that Justice Alito’s father was a one-time English teacher and he would “ ‘pick apart every sentence and every word’ of his school compositions. Justice Stevens' mother was also an English teacher and Justice Ginsburg learned writing from Vladimir Nabokov while at Cornell.

“Justice Souter refused to talk to Garner (the interviewer). ‘He just prefers not to go before a camera.’ ”
*This is a June 1, 2008 posting on In Chambers...A Commonplace book of interesting legal things, Compiled by

Posted On: June 4, 2008

Conference: A Reference Renaissance: Current and Future Trends

The complete program for A Reference Renaissance: Current and Future Trends is now available on the conference website.

This exciting two-day event features keynote speaker David W. Lewis, Dean of the University Library at Indiana University Purdue University Indianapolis, who will talk about Reference in the Age of Wikipedia, Or Not... and the implications of the technological and social transformations brought on by Google, Wikipedia, and answer services such as ChaCha. On day two of the conference, a plenary panel discussion, Theory Meets Practice, made up of educators and library directors will highlight what’s being taught in schools of library and information science and what’s being implemented in libraries. This panel features Dr. David Lankes (Information Institute of Syracuse), Dr. Marie L. Radford (Rutgers University), Jamie LaRue (Douglas County Libraries, CO), and Carla J. Stoffle (University of Arizona).

Other sessions cover the full gamut of reference and information services in public, academic, and special library settings. Learn about “predatory reference” techniques, screencasts for distance reference, gathering meaningful statistics, the impact of serious leisure on reference services, new staff training initiatives, widgets, IM, marketing in-person services – and more! Meet and network with your colleagues from all over the U.S., Canada, and other countries, and spend time with exhibitors showcasing a variety of reference focused products.

Early bird registration has been extended thru June 30 at a rate of $150; regular registration is $175. Registration includes all sessions on both days and access to the exhibits as well as breakfast and lunch both days. A special hotel rate of $105 (+tax) per night is available for reservations made before July 11.

For more information on the conference, please go to or contact Justine Shaffner at To discuss the conference and find out about and make plans for social activities, sign up at our Ning site at

Posted On: June 4, 2008

Deep Indexing: A New Approach to Searching Scholarly Literature*

From: "This Week's News", Library (May 29, 2008).

Close to 200 attendees took part in a May 20 Library Journal webcast Deep Indexing: A New Approach to Searching Scholarly Literature, sponsored by ProQuest. While a majority of those participating were from the United States, librarians and electronic resource coordinators from 17 other countries also joined in, making it the most “international” of webcasts so far in the LJ series. An archive of the webcast will be available for year from the Library Journal web site, and can be found here.

Carol Tenopir, editor of LJ's Online Databases column, kicked off the panel by providing background on the research behind the development of “tables and graphs” indexing, now known as deep indexing. Her partner in research, Robert Sandusky from the Richard J. Daley Library, University of Illinois at Chicago, offered his insights on the relevancy of types of searching and indexing for various disciplines, particularly the sciences.

Two practitioners added real-life examples of the advantages to deep indexing as part of the discovery process. Emily Schmitt, a biology professor from Nova Southeastern University, cited the research work she requires of her upper level undergrads and how being able to get to graphs and tables is important to her students, and to their future success in the fields of medicine, science, and technology. The ability to get to enhanced content without making researchers change their habits has been key to the discovery of deep indexed content through CSA databases at the Colorado School of Mines Arthur Lakes Library, reported Lisa Dunn, head of reference. “They don’t want another database—they just want to get everything from the ones they use now,” Dunn stated.

Dunn also emphasized the need for patience, suggesting that at Mines, it can take six months or longer for faculty and students to adopt new data sources, even with the library’s marketing efforts. ProQuest’s Mark Hyer followed up with some nuts and bolts discussion on CSA Illustrata Natural Sciences, the company’s first deep indexed database, and predicted exponential growth in the amount of content that will be exposed due to deep indexing. The Q&A session, open to all attendees reflected a broad range of discussion, from digital object identifier registration to the use of metadata, and deep indexing of open access journals, PDFs, and web sites.
* I have posted this item as an expression of my strong support of this and related initiatives. In this age of greater diversity of formats of information, including legal, I believe it is very important that law librarians become more involved not only in this type of research but also the implementation of programs and services growing out of these efforts. David Badertscher

Posted On: June 4, 2008

Harvard Professor Stuart Shieber Downplays the Role of "Revolutionary"

From: "This Week's News", Library (May 29, 2008).

Last week, Harvard University professor Stuart Shieber made history—he was named the first director of Harvard’s newly minted Office for Scholarly Communication (OSC). In his new role, Shieber will oversee the implementation of the university’s groundbreaking open access mandate, which he helped author, and which many suggest could have wide-ranging implications for the future of scholarly communication. “Let’s not go overboard,” Shieber says with a laugh and an audible wince when asked if he views his new role as a historic opportunity. “People like to extrapolate that [the mandate] will have a revolutionary effect. But you can’t make a policy based on that extrapolation. Sometimes there’s too much talk about momentous, revolutionary effects, it gets too far in front of what is really happening. There are lots of things going on, and there will be changes. We’re just trying to do our part.”

That sober approach should be heartening to observers concerned with getting the implementation rolling. In a conversation with the LJ Academic Newswire this week, Shieber embraced a straightforward mission “to support the efforts of the Harvard faculty to make their collective scholarly output as broadly available as possible.” It’s a big job, Shieber conceded, and one he didn’t necessarily expect to fall to him, despite his role in authoring the policy. “Certainly, there was no lobbying effort,” he laughed, when asked if he had expected to be tapped to lead the OSC. “But I have spent lots of time and effort on these issues, so it was a natural fit.”

Among the first, and perhaps the most central of his initial tasks, will be to establish the online repository that will be the fulcrum of Harvard’s OA mandate. “In theory, it is as simple as downloading some open source software and turning it on,” he said, “in practice, many complexities come up, such as having it work well with other systems already in place at the university.” Nevertheless, work on the repository is progressing, he says, and a beta could be in place shortly. Another big part of his new role will be outreach to faculty.

Perhaps the most engaging—if still unformed—aspect of Shieber’s new job, however, will be developing how Harvard will support and work with open access journals. “The OSC pertains not just to the open access policy, it’s broader,” he explains. “The policy offers open access the articles directly, essentially through author self-archiving. To the extent that we need to find alternative business models, it behooves Harvard to support those alternative business models.”

Shieber said he is looking at a few options to support open access journals. One is to work with the Harvard University Press (HUP), which he called an important ally. He said he has had many discussions with HUP about how the activities of the press and fit with the OSC, noting that HUP will soon publish its first journal in years, the Journal of Legal Analysis—an open access, faculty edited journal. “My hope is that this will be the first of several OA journals HUP will start to run. HUP is a likely venue by which Harvard can support OA journals.”

More broadly, Shieber’s goal is to see OA journals exist on “equal footing” with subscription-based journals. As of now, he says, they do not, because much of the money that underwrites the services of subscription-based journals comes from libraries while the money that underwrites OA journals comes mostly from author charges. “Authors don’t get underwriting help from the library when they publish in OA journals, while they do from publishing in subscription-based journals,” he explains. To put OA and subscription journals on a “level playing field,” he suggests, “you’d want to underwrite OA journals just as you do subscription journals.”

Both Shieber, and his co-sponsor in the FAS mandate, university librarian Robert Darnton, say they are confident of a continuing, vital role for academic journals in an open access future, and note that there has been much discussion at Harvard over whether OA might induce “a blowback effect” on the stability of those journals or peer review. Both believe the evidence does not threaten either journals or peer review, but “that doesn’t mean there is no uncertainty there,” Shieber added. “You can’t just say ‘don’t worry.’ You have too look at these issues. What we do know is we couldn’t keep going the way we had been going. We know that is not sustainable.”

Posted On: June 3, 2008

New York Chief Judge Judith Kaye to Receive Dwight D. Opperman Award for Judicial Excellence

Judith S. Kaye, chief judge of the New York Court of Appeals, has been selected as the recipient of the Fifth Annual Dwight D. Opperman Award for Judicial Excellence. Chief Judge Kaye was chosen by a three-member panel: JudgeEllen Rosenblum, Oregon Court of Appeals; Judge Lorenzo Arredondo, Lake Circuit Court for Indiana; and Chief Justice Pascal Calogero, Jr., Louisiana Supreme Court. The Award will be presented later this year.

Press Release: New York Chief Judge Judith Kaye to Receive Fifth Annual Dwight Opperman Award

Posted On: June 3, 2008

Monthly Calendar of Probono net/NY - June 2008

A calendar arranged by topic of CLE trainings and other public legal events. To see the calendar click here.

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Posted On: June 3, 2008

Wisconsin State Law Library June 2008 Newsletter

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

*What's New: Please take a 5-minute survey about our website; Library news and upcoming events
*Start Here: A Selected List of Resources on ... Estate Planning in Wisconsin
*This Just In...: Selected new and updated library materials, and a link to our latest New Titles List
*Tech Tip in Brief: Highlighting in presentations and on webpages

*Odds 'n' Endings: Celebrate Dairy Month! and More notables for June

As always, your comments about the newsletter are welcome.

Posted On: June 3, 2008

HeinOnLine: Monthly Recap for May 2008

World Trials Library
With the addition of 99 new trials in the May content release, HeinOnline's World Trials Library now contains 1,300 titles. If your library does not already subscribe to one of the most astounding online trials collection in the world, now is the time. Click here for the complete brochure, or contact a member of our sales team for pricing information.

English Reports
At the suggestion of several of our subscribers, we are pleased to announce that Statutes of the Realm has been added to the English Reports. This collection, which contains Great Britain's Laws and Statutes for 1225-1713, greatly enhances HeinOnline's early British Collection. Click here to link to this new collection.

Law Journal Library
CCH Journals

We have continued to upgrade our CCH Tax collection with the addition of the following CCH published periodicals into HeinOnline: Taxes: The Tax Magazine, Volumes 1-82 (1923-2004), and Corporate Business Taxation Monthly, Volumes 1-6 (1999-2005).

Canada Law Book Periodicals
We are excited to announce that all Canada Law Book Periodicals will be added to HeinOnline's Law Journal Library. The following periodicals are now available: Advocates' Quarterly, Volumes 1-30 (1977-2005), Criminal Law Quarterly, Volumes 1-49 (1958-2005), and Estates, Trusts and Pensions Journal, Volumes 1-23 (1973-2004).

Session Laws
The New York Session Laws (1777-2006) are now complete in HeinOnline. New York is the first state to be complete in HeinOnline. California will be added in its entirety soon.

Searchable PDFs
Searchable PDFs are now available in HeinOnline! Researchers will find this enhancement in the following libraries: English Reports, European Center for Minority Issues, Foreign and International Law Resources Database, Manual of Patent Examining Procedure, Phillip C. Jessup Library, and U.S. Attorney General Opinions. We will continue the conversion until all PDFs in HeinOnline are searchable. I

Posted On: June 2, 2008

Ten Tests for Microsoft's Document Inspector: Does it Satisfy the Metadata Management Needs of Law Firms

“Ten Tests for Microsoft's Document Inspector: Does it Satisfy the Metadata Management Needs of Law Firms?” runs through a battery of tests to determine the answer to the question posed.

Click here to register to download the Report

Posted On: June 2, 2008

Women in International Regularory Law Symposium

Challenges in International Security

"A Symposium to Showcase Senior Women in the Fieldl

June 18, 2008

National Museum of Women in the Arts

1250 New York Ave. N.W.

Washington, DC

For more information, please contact .