Posted On: November 30, 2009

PC Devices Connected Using Light

Since the beginning of the last century when physicists determined that light could be considered as consisting of particles (photons) as well as waves, there have been efforts, with varying degrees of success, to use light to further the development of technology and communications. One of the latest attempts as reported by Judge Herbert Dixon Jr. in a recent e-mail involves fascinating research by Intel to develop a new optical interconnect using Light Peak optical technology to link mobile devices to displays and storage up to 100 meters away. The technology uses light to provide communication between data systems and devices associated with PCs at speeds up to 10 gigabits per second..

Judge Dixon reports that: Current cable technology uses electricity to transfer data which limits the speed and length of the transmission. Using Light Peak as the platform (containing a controller chip and an optical module), electricity is converted to light, increasing transmission length. Light Peak also retains the quality of high-definition video displays from transmissions over several meters. It can transfer full length Blu-Ray movies in less than 30 seconds, and runs multiple protocols simultaneously over a single cable..

Click here for added discussion about this technology.

Posted On: November 30, 2009

Findlaw Case Summaries: Criminal Law and Procedure

November 23-27, 2009.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

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

U.S. 1st Circuit Court of Appeals, November 25, 2009
US v. Gonzalez-Velez, No. 07-2277
Defendant's sentence of 135-months' imprisonment after being convicted of participating in a conspiracy to distribute narcotics is affirmed where: 1) trial court's reliance on witness' testimony was not unreasonable; 2) district court did not err in attributing the full five kilograms of cocaine to defendant in calculating the base offense level of 32; 3) district court did not err in denying defendant's request for a two-level reduction in his offense level for acceptance of responsibility.

U.S. 2nd Circuit Court of Appeals, November 25, 2009
Michtavi v. N.Y. Daily News, No. 08-2111
In an action for libel and intentional infliction of emotional distress based on news reports stating that plaintiff, a criminal defendant, was to cooperate with prosecutors, dismissal of the complaint is affirmed where the statement reporting that plaintiff planned to cooperate with authorities was not defamatory as a matter of law.

U.S. 4th Circuit Court of Appeals, November 24, 2009
US v. Phillips, No. 07-4230
Defendant's conviction for securities fraud, mail fraud, and other related crimes is affirmed as a warrant's inclusive language was reasonably read by the postal inspection agents to encompass the seized evidence and thus, the agents' seizures were permissible.

U.S. 5th Circuit Court of Appeals, November 25, 2009
US v. Carey, No. 08-60961
Defendant's aggravated sexual abuse of a minor conviction and sentence are affirmed where: 1) the admissibility of testimony accompanied by a Fed. R. Evid. 612 refreshment did not depend upon the source of the writing, the identity of the writing's author, or the truth of the writing's contents; 2) a victim-witness's youth and nervousness could satisfy Rule 611's necessity requirement; and 3) defendant's sentence was not procedurally unreasonable because the district court examined the 18 U.S.C. section 3553 factors.

U.S. 6th Circuit Court of Appeals, November 23, 2009
US v. Simmons, No. 07-3449
Defendant's sentence of 116 months' imprisonment for possession of more than five grams of crack cocaine with intent to distribute and for being a previously convicted felon in possession of a firearm is affirmed and remanded where, although the district court's sentencing was procedurally and substantively adequate, the Guidelines have since been revised to lower the range for certain crack offenses and defendant may be eligible for a sentencing reduction.

U.S. 6th Circuit Court of Appeals, November 23, 2009
US v. Petrus, No. 08-1706
Defendant's sentence to 70 months' imprisonment for conspiring to possess with intent to distribute illegal drugs is affirmed where: 1) the district court did not commit any significant procedural error in imposing defendant's sentence and the sentence was procedurally reasonable; and 2) considering the totality of the circumstances, including the Guidelines, the section 3553(a) factors, the nature of the offense, defendant's family situation, his immigration status, his lack of criminal history, and defendant's asserted attempt to cooperate with the government, the 70 month sentence is substantively reasonable.

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Posted On: November 30, 2009

Findlaw Case Summaries: Constitutional Law

November 23-27, 2009.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. 1st Circuit Court of Appeals, November 23, 2009
Vaqueria Tres Monjitas, Inc. v. Irizarry, No. 07-2240
In plaintiffs' suit against Puerto Rico's Milk Industry Regulation Administration, claiming that the Administration's regulatory scheme governing milk prices violates the Due Process, Equal Protection, Takings, and dormant Commerce Clauses, grant of a preliminary injunction enjoining the regulatory scheme is affirmed where: 1) the district court properly declined defendants' invitation to abstain from entertaining the action; 2) the Eleventh Amendment does not bar the form of relief granted by the district court in its preliminary injunction; 3) the district court did not abuse its discretion in rejecting defendants' unclean hands defense; 4) the district court did not abuse its discretion in failing to dismiss the action on the basis of laches; 5) the district court did not abuse its discretion in rejecting defendants' estoppel defense; and 6) district court did not abuse its discretion in granting plaintiffs' motion for a preliminary injunction. ..

U.S. 3rd Circuit Court of Appeals, November 24, 2009
Stratechuk v. Bd. of Educ., S. Orange-Maplewood Sch. Dist. , No. 08-3826
In plaintiff's 42 U.S.C. section 1983 suit challenging school district's prohibition on celebratory religious music at school-sponsored events for the purpose of maintaining a policy of complete religious neutrality, summary judgment for the school district is affirmed as the court did not err in concluding that December concerts are not public fora, and that the school district's interpretation of the policy was reasonably related to legitimate pedagogical concerns.

U.S. 6th Circuit Court of Appeals, November 25, 2009
Entm't Prod., Inc. v. Shelby County, Tenn. , No. 08-5494
Denial of plaintiffs' motion for a preliminary injunction in their suit against the county challenging the constitutionality of the Tennessee Adult-Oriented Establishment Registration Act is affirmed where: 1) the district court did not err in denying the preliminary injunction on the basis that plaintiffs did not demonstrate a substantial likelihood of success in their challenges to the definitions of "adult cabaret," "adult-oriented establishment," and "adult entertainment"; 2) the district court did not err in holding that a vagueness challenge is not likely to succeed on the merits as a narrowing construction sufficiently clarifies the parts this Act allegedly contaminated by vagueness; 3) plaintiffs' claim that the Act's requirements will result in a drastic reduction in the quantity and accessibility of speech is rejected; and 4) the issue of balancing of equities is moot as the district court correctly determined that plaintiffs have not demonstrated a likelihood of s! uccess on the merits.


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Posted On: November 27, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - LexisNexis

November 26, 2009.

Update from the Lexis Alert Service,

1. People v Johnson, 1541, 1748/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8682; 2009 N.Y. App. Div. LEXIS 8510, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment of resentence, Supreme Court, New York County (Marcy L. Kahn, ...

2. People v Carter, 1557, 1557A, 1174/00, 5667/01, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8689; 2009 N.Y. App. Div. LEXIS 8518, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgments, Supreme Court, New York County (Michael A. Corriero, ...

3. People v Perez, 1556, 7034/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8688; 2009 N.Y. App. Div. LEXIS 8515, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

4. People v Tanner, 1569, 1570, 444/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8696; 2009 N.Y. App. Div. LEXIS 8521, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles J. Tejada, ...

5. People v Harris, 1578, 4783/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8701; 2009 N.Y. App. Div. LEXIS 8530, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, ...

6. People v Fisher, 355/05, 81, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8704; 2009 N.Y. App. Div. LEXIS 8531, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appeals from a judgment of the Supreme Court, New York County (Budd G. Goodman, ...
... coercion. Accordingly, the judgment of the Supreme Court, New York County (Budd G. Goodman, ...
... was hardly Draconian. Judgment, Supreme Court, New York County (Budd G. Goodman, ...

7. People v Montes, 534, 3418/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8680; 2009 N.Y. App. Div. LEXIS 8535, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edwin Torres, J.), ...

8. People v Pearson, 1549, 2835/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8686; 2009 N.Y. App. Div. LEXIS 8511, November 24, 2009, Decided, November 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

9. People v. Banks, 1149, 6248/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7308; 887 N.Y.S.2d 41; 2009 N.Y. App. Div. LEXIS 7185, October 13, 2009, Decided, October 13, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Lewis Bart Stone, ...

10. People v Pacheco, 1136, 6695/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7196; 887 N.Y.S.2d 19; 2009 N.Y. App. Div. LEXIS 6987, October 8, 2009, Decided, October 8, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Robert H. Straus, ...

11. People v Sene, 1120, 1121, 2850/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7160; 887 N.Y.S.2d 8; 2009 N.Y. App. Div. LEXIS 6973, October 6, 2009, Decided, October 6, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (A. Kirke Bartley, ...

Posted On: November 24, 2009

The Continuing Quest for Health Care Reform in the U.S.

Updated to November 25, 2009

Over the past months we have posted a variety of items related to the quest for health care reform in the United States. See our last posting at "Health Care Update as of the Beginning of October 2009. The quest continues. During the last month the House of Representatives passed HR 3962(Affordable Health Care for America Act) on November 7 and the Senate has at least agreed to begin debate on their bill HR3590 (Patient Protection and Affordable Health Care Act) on November 21.. Given the historical record of attempts at health care reform these are remarkable achievements but we still do not know if the end is in sight.

Rather than engage in extended discussion on this posting we will concentrate identifying selected documents related to the two bills mentioned above and close by mentioning a few recent news articles of interest. First the documents:

Selected Documents Related to HR 3962 - "Affordable Health Care for America Act":

Final Roll Call for HR 3962

Revenue Effects of HR 3962

Press Release: House Makes History on Health Reform

Abortion Amendment

Selected Documents Related to HR 3590 - "Patient Protection and Affordable Health Care Act"

:Detailed Summary of HR 3590

Statement of Administration Policy Regarding HR 3590

CBO Score: Top-Line Facts According to the Heritage Foundation. Senate bill. 3950

Senate Roll Call vote for HR 3590 on 11/21/2009 at 7:55PM

Other Sources:

Op-Ed Contributor
False Alarm on Abortion
By PHILLIP B. LEVINE
Published New York Times: November 25, 2009
What is being overlooked in the abortion debate is the other benefits that expanded health insurance coverage could bring to women’s reproductive health.

Budget Hawks Have a Buffet of Options With Health Bill
By DAVID LEONHARDT
Published New York Times: November 25, 2009
Senators who say theyre serious about reducing health care costs have plenty of opportunities in the current bills to fulfill their goals

Published New York Times: November 19, 2009 Key Differences in the Health Care Plans
The health care proposals from the House and the Senate are broadly similar but differ on some major issues. Click here to see a more detailed comparison of the two plans.

http://www.nytimes.com/interactive/2009/11/19/us/politics/1119-plan-differences.html

Senate Says Health Plan Will Cover Another 31 Million
By ROBERT PEAR and DAVID M. HERSZENHORN
Published New York Times: November 19, 2009
Senator Harry Reid put forward his version of the health care overhaul, promising it would reduce the deficit while covering most of the uninsured.

http://www.nytimes.com/2009/11/19/health/policy/19health.html

Selected Recent Editorials from New York Times regarding health care reform.

Where two contentious issues intersect: Immigration and health House measure omits Senate panel's legal test (David Montgomery) Washington Post Nov 16.

http://www.washingtonpost.com/wp-dyn/content/article/2009/11/15/AR2009111502625.html?wpisrc=newsletter&wpisrc=newsletter

A Milestone in the Health Care Journey, By Ronald Brownstein. An essay published on the Atlantic website,, November 21, 2009


Posted On: November 19, 2009

Findlaw Case Summaries: Constitutional Law

November 9-13, 2009.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. 1st Circuit Court of Appeals, November 12, 2009
Cabral v. US Dep't of Justice, No. 07-1633
In an appeal arising from an underlying action brought by a nurse practitioner claiming that defendant-sheriff barred plaintiff from a County House of Correction (HOC) for informing the FBI of alleged prisoner abuse at the HOC, denial of defendants' motions for a new trial and for remittur is affirmed where: 1) there is nothing in the record indicating that the district court abused its discretion in making its pre-trial evidentiary and disclosure rulings; 2) district court's dismissal of defendants' action under the Administrative Procedure Act (APA) was proper as there was nothing in the record indicating that agency's denial of the defendants' Touhy requests was arbitrary and capricious; 3) the evidence was sufficient to establish that the sheriff engaged in the callous and reckless conduct necessary to support an award of punitive damages; and 4) the award of punitive damages of $250,000 against sheriff was not excessive.

U.S. 2nd Circuit Court of Appeals, November 12, 2009
Wilson v. CIA, No. 07-4244
In a First Amendment action claiming that the CIA was required to allow former employee Valerie Plame Wilson to publish a memoir about her tenure at the agency, summary judgment for defendants is affirmed where: 1) plaintiff, and not the agency, permitted the classified information at issue to be revealed to the public; and 2) further, the public disclosure did not deprive the information of classified status, and the agency demonstrated good reason for adhering to its classification decision. A former CIA agent cannot use her own unauthorized disclosure of classified information to challenge the CIA's ability to maintain the information as classified.

U.S. 3rd Circuit Court of Appeals, November 12, 2009
Berg v. Obama, No. 08-4340
In one of the so-called "birther" suits challenging Barack Obama's eligibility to run for and serve as President of the United States based on claims that Obama was born in Kenya and therefore was not a natural born citizen of the United States, dismissal of the action is affirmed where plaintiff lacked standing to bring the suit because he suffered no injury particularized to him

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Posted On: November 19, 2009

Findlaw Case Summaries: Criminal Law and Procedure

November 9-13, 2009.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. Supreme Court, November 09, 2009
Bobby v. Van Hook, No. 09–144
In a capital habeas matter, a circuit court of appeals' grant of the petition on the basis that petitioner's lawyers performed deficiently in investigating and presenting mitigating evidence is reversed where: 1) the court of appeals applied 2003 ABA Professional Guidelines to defense counsel's conduct at a trial that took place in 1985; and 2) counsel's performance at the trial was not deficient under the standards in place at the time.

U.S. 1st Circuit Court of Appeals, November 10, 2009
US v. Villar, No. 08-1154
In proceedings arising after defense counsel in a criminal matter received an e-mail from a juror containing ethnically-biased statements, an order denying defendant's motion to make an inquiry into the validity of the verdict is reversed and the matter remanded where: 1) although the trial court correctly found that Rule of Evidence 606(b) precludes inquiry into juror prejudice; 2) a court has the discretion to conduct such an inquiry under the Sixth Amendment and the Due Process Clause of the United States Constitution. ...

U.S. 1st Circuit Court of Appeals, November 12, 2009
Cabral v. US Dep't of Justice, No. 07-1633
In an appeal arising from an underlying action brought by a nurse practitioner claiming that defendant-sheriff barred plaintiff from a County House of Correction (HOC) for informing the FBI of alleged prisoner abuse at the HOC, denial of defendants' motions for a new trial and for remittur is affirmed where: 1) there is nothing in the record indicating that the district court abused its discretion in making its pre-trial evidentiary and disclosure rulings; 2) district court's dismissal of defendants' action under the Administrative Procedure Act (APA) was proper as there was nothing in the record indicating that agency's denial of the defendants' Touhy requests was arbitrary and capricious; 3) the evidence was sufficient to establish that the sheriff engaged in the callous and reckless conduct necessary to support an award of punitive damages; and 4) the award of punitive damages of $250,000 against sheriff was not excessive.

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Posted On: November 19, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - LexisNexis

November 18-19, 2009.

Update from the Lexis Alert Service,

1. People v Castillo, 1331, 3751/00, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7760; 886 N.Y.S.2d 805; 2009 N.Y. App. Div. LEXIS 7589, October 29, 2009, Decided, October 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Edward J. McLaughlin, ...

2. People v Lewis, 1338, 1686/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7766; 886 N.Y.S.2d 803; 2009 N.Y. App. Div. LEXIS 7599, October 29, 2009, Decided, October 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Ruth Pickholz, J.), ...

3. People v Anderson, 1072, 3856/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6725; 65 A.D.3d 973; 885 N.Y.S.2d 415; 2009 N.Y. App. Div. LEXIS 6573, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Thomas Farber, J.), ...

4. People v Haidara, 1074, 4709/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6726; 65 A.D.3d 974; 885 N.Y.S.2d 415; 2009 N.Y. App. Div. LEXIS 6587, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, ...

5. People v Rawls, 1079, 638/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6731; 65 A.D.3d 978; 885 N.Y.S.2d 417; 2009 N.Y. App. Div. LEXIS 6584, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Charles J. Tejada, ...

6. People v Cartwright, 1070, 188/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6724; 65 A.D.3d 973; 885 N.Y.S.2d 414; 2009 N.Y. App. Div. LEXIS 6588, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Ronald A. Zweibel, ...

7. People v Sierra, 1064, 5958/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6719; 65 A.D.3d 968; 885 N.Y.S.2d 495; 2009 N.Y. App. Div. LEXIS 6585, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), ...

8. People v Guillen, 1078, 2881/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6730; 65 A.D.3d 977; 886 N.Y.S.2d 373; 2009 N.Y. App. Div. LEXIS 6578, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Gregory Carro, J.), ...

9. People v Johnson, 1076, 2486/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6728; 65 A.D.3d 975; 886 N.Y.S.2d 375; 2009 N.Y. App. Div. LEXIS 6592, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

10. People v Loyd, 1081, 1625/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6732; 65 A.D.3d 979; 886 N.Y.S.2d 63; 2009 N.Y. App. Div. LEXIS 6594, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Bonnie G. Wittner, ...

11. People v Wilson, 929, 5633/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 6717; 65 A.D.3d 956; 886 N.Y.S.2d 17; 2009 N.Y. App. Div. LEXIS 6579, September 29, 2009, Decided, September 29, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Appeal from judgment, Supreme Court, New York County (Rena K. Uviller, ...

12. People v. Sprinkler, 1476, 3261/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8456; 2009 N.Y. App. Div. LEXIS 8306, November 17, 2009, Decided, November 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Gregory Carro, J.), ...

13. People v Lantigue, 1480, 1481, 11732/95, 4996/00, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8459; 2009 N.Y. App. Div. LEXIS 8315, November 17, 2009, Decided, November 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Micki Scherer, J.), ...

14. People v Sanchez, 1477, 5226/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8457; 2009 N.Y. App. Div. LEXIS 8305, November 17, 2009, Decided, November 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Carol Berkman, J.), ...

15. People v Thompson, 1474, 6507/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8455; 2009 N.Y. App. Div. LEXIS 8304, November 17, 2009, Decided, November 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Marcy L. Kahn, ...

16. People v. Brown, 1486, 3986/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8462; 2009 N.Y. App. Div. LEXIS 8311, November 17, 2009, Decided, November 17, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bonnie G. Wittner, ...

Posted On: November 19, 2009

CLLB: Criminal Justice Abstracts

For week of November 16-20, 2009.

PREPARED BY: Michael Chernicoff

Weighing Life in Prison of Youths Who Didn’t Kill

http://www.nytimes.com/2009/11/08/us/08juveniles.html?_r=1

The Supreme Court will hear appeals from two juvenile offenders serving sentences of life without the possibility of parole. Outside of the consideration of the death penalty, the Supreme court has generally allowed what punishment fit what crimes. However, the court had barred the execution of juvenile offenders in 2005, reasoning that people under 18 are immature, irresponsible, susceptible to peer pressure and often capable of change.

A ruling changing this “could be the Brown v. Board of Education of juvenile law,” said Paolo G. Annino, the director of the Children’s Advocacy Clinic and Florida State University.
The Supreme Court is divided when life sentences without the possibility of parole is needed.
Republican chairman of the State House’s Criminal and Civil Justice Policy Council William D. Snyder said, “I think it would be wrong for the Supreme Court to say that it was patently illegal or improper to send a youthful offender to life without parole. At a certain point, juveniles cross the line, and they have to be treated as adults and punished as adults.” John R. Blue, a retired Florida appeals court judges, believes, “To lock up forever seems a little barbaric to me.” “You ought to leave them some hope.”

Of the just over 100 people worldwide serving life sentences without the possibility of parole for crimes committed as juveniles in which no one was killed, 77 are in Florida. Several factors are considered in explaining this disproportionate ratio.

In the early 1990’s, Florida violent juvenile crime rate was abnormally high. Florida state attorney general Bill McCollum explains that the “problem was particularly dire . . . and threatening the state’s bedrock tourism industry.” The state responded by trying more juveniles in adult courts, increasing sentences and eliminating parole for capital crimes. “It was a hysterical reaction,” said Thomas K. Peterson, a semi-retired Miami judge. “People still go around saying things have never been worse, but violent juvenile crime has gone down even as the juvenile population has grown,”

The state’s brief indicates that juvenile crime has fell 30 percent in the decade ending in 2004.
Former state prosecutor Shay Bilchik served in Miami from 1977 – 1993. “We were pretty aggressive in those years in transferring kids into criminal court,” said Bilchik, now director of the Center for Juvenile Justice Reform in Georgetown. “My biggest regret is . . . we were under the false impression that we were insuring greater public safety when we were not.”
The two juvenile appeal hearings were brought by Joe Sullivan and Terrance Graham. Mr. Sullivan raped a 72-year old woman after burglary in 1989 at age 13. Mr. Graham committed armed burglary at 16 and was sentenced to a year in jail and three year probation in 2003. He was later sentenced to life in prison in 2005 for violation probation by committing a home invasion and age 17.

A New Era for U.S. Drug Policy ?

http://www.cbsnews.com/stories/2009/11/03/national/main5515569.shtml

In March, Senator Jim Webb of Virginia introduced a bill calling for an overhaul of the criminal justice system. Calling the situation a “national disgrace,” Webb called system is too large, and said it was plagued by wrongful incarcerations, poor rehabilitative treatment and mental health car at a price of $44 billion a year on prisons alone.

The Drug Policy Alliance has advocated for the liberalization of United States’ drug law, especially the legalization, regulation, and taxation of marijuana and ending criminal penalties on possession and use of all other drugs. Ethan Nadelmann, executive director, has said the recently “There’s a tremendous amount of momentum across the board.” California is considering a bill to legalize and tax marijuana; Massachusetts voted to decriminalize small amounts of marijuana; and the attorney general of Arizona has said that legal marijuana might be an answer to the Mexican drug cartel violence occurring in his state.

Webb’s bill has 34 Senate co-sponsors, including Republicans Lindsey Graham and Olympia Snowe, and has drawn support from justice advocacy groups.

This bill would create bi-partisan, blue-ribbon commissions to recommend reforming the criminal justice system as a whole, and not just legalize drug or even focus on drug policy. The bill would simply call for its review.

According to Webb spokesperson Jessica Smith, “We can’t have a debate about our criminal justice system if we just ignore the drug part of it. States across the county – their budgets are being completely eaten up by incarceration . . . Is it effective? Is it cost effective? Are we doing the right thing here when we lock people up?”

Portugal

Last year, Glenn Greenwald, best known for his liberal positions on civil liberty, torture, and the Bush administration, reported for the libertarian-leaning Cato Institute on the Portuguese decriminalization of drugs. The result was a strongly positive 30-page report published by Cato in April. (http://www.cato.org/pubs/wtpapers/greenwald_whitepaper.pdf) According to Greenwald, "In the 1990s they probably had the single worst problem with drug abuse and related pathologies of any country in Europe. Crime was through the roof . . . The more they criminalized the worse it got.”

Portugal passed a bill very similar to one Senator Jim Webb has proposed, creating a non-partisan commission of experts to make recommendations on alleviating the drug problem. The difference here is that Portugal focused specifically on drugs. The result was complete drug decriminalization. Using and possessing drugs in Portugal is illegal, but carries no criminal penalty. Drug trafficking and providing drugs to a minor are still criminal offenses. Since decriminalization, lifetime prevalence rates have decreased for most age groups, with 20-24 year olds as an exception.

The Opposition

Calvina Fay, executive director of the Drug Free American Foundation, calls evidence from Portugal’s decriminalization of drugs in misleading. Fay claims that rates of drugs use over the past 40 years have fallen further in the United States than in Portugal. She also claims that if that if US government decriminalizes drugs, they might send the wrong message to children.

Joseph Califano, head of the National Center on Addiction and Substance Abuse at Columbia University, has said that that the War on Drugs in America has failed mainly because it hasn’t focused on keeping children away from drugs before they become users. "I think just opening the door and legalizing drugs is just going to create more drug use."

In the Netherlands, with known liberal drug policies, the rate of marijuana use has risen and fallen pretty much in tandem with the rest of Europe, a rate which is lower than that in the US. According to Nadelmann, "fluctuations in the rate of drug use by and large have no correlation to how harsh the drug policies are."

With tight budgets, public policy must choose between aggressive enforcement and harm reduction approaches.

"The tougher we get with regard to marijuana prosecution ... the softer we get with the prosecution of everything else," said retired Orange County, California judge Jim Gray in testimony on the California legalization bill. "We simply have so many resources and if we're spending them in prosecutions of marijuana, we are not spending them for prosecutions of rape, homicide et cetera."

Where are We Now

Greenwald has said, "If you're the first state to do it, there's really no way you can point to evidence of what will or will not happen. … It's just theory and it's very abstract," he said.

According to Webb spokesperson Jessica Smith, Webb is "not doing this for political reasons. There's definitely a risk involved," she said. "He knows that there are gambles."

Posted On: November 18, 2009

Book Review: Gay Families and the Courts

TITLE: Gay Families and the Courts
SUBTITLE: The Quest for Equal Rights
AUTHOR: Susan Gluck Mezey
PUBLICATION DATE: September 2009
PUBLISHER: Bowman & Littlefield Publishers, Inc.
PAGE COUNT: 300 pp.
ISBN: 0-7425-6219-0 (Paper)
0-7425-6218-2 (Cloth)
PROBABLE PRICE: $27.95 (Paper)
$70.00 (Cloth)

Mezey (political science–Loyola Chicago) is an established author in the legal rights realm as it relates to women and minority groups. The relationship between public policy and the law as it pertains to LGBT issues is explored in an attempt to clarify where the courts stand with respect to the extent to which gay rights permeates marriage and the family, as well as the level to which a maturing framework for social change manifests itself within an evolving legal system.

Mezey’s work is an excellent primer for the researcher of high-profile gay rights issues, such as same-sex marriage and freedom of association. The manner in which judges in various states have analyzed, dissected, and parsed opposing arguments is presented in great detail. Common legal trends that cross state lines are noted, as the author explains the challenges facing plaintiffs who pursue untested notions. Mezey concludes that the concept of a constitutional guarantee of the right to same-sex marriage is doomed to failure as long as the judiciary refuses to embrace a theory of social change which incorporates a framework for marriage that includes both procreation and the social well-being of children within a society that permits marriage between members of the same sex.

Superbly indexed by subject heading as well as case law, the author also provides an invaluable bibliography of print and electronic resources to assist the reader. The book is aimed at an academic audience and is thus recommended mainly for college, university, and law libraries.

Philip Y. Blue, New York State Supreme Court Criminal Branch Law Library, First Judicial District, New York, New York













Posted On: November 18, 2009

National Information Standards Organization To Develop Recommended Practice for Physical Delivery of Library Materials

Document aims to facilitate library resource sharing* **

November 11, 2009 - Baltimore, MD - The National Information Standards Organization (NISO) Voting Members have approved a new work item to develop a Recommended Practice related to the physical delivery of library materials. NISO is pleased to announce that the Working Group roster for this project is now finalized, and work will be commencing with a kick-off call of the group on November 18, 2009. Building on the efforts of three recent projects--Moving Mountains, Rethinking Resource Sharing's Physical Delivery Committee, and the American
Library Association's ASCLA ICANS' Physical Delivery Discussion Group-the recommended practice document is proposed to include recommendations for: packaging, shipping codes, labeling, acceptable turn-around time, lost or damaged materials handling, package tracking, ergonomic considerations, statistics, sorting, a set of elements to be used for comparison purposes to determine costs,linking of regional and local library carriers, and international
delivery.

"A recent study found that 77% of academic libraries participate in state or provincial resource sharing networks above and beyond the 10,000,000 interlibrary loan (ILL) transactions that OCLC annually processes," Valerie Horton, Executive Director, Colorado Library Consortium (CLiC), who proposed the project and will be serving as co-chair, explained. "The increased volume and costs of library delivery is creating a demand for more information about how to run efficient and effective delivery operations." Diana Sachs-Silveira, Virtual Reference Manager, Tampa Bay Library Consortium, will be co-chairing the group with Ms. Horton.

"We can't ignore the tremendous number of books, journals, DVDs, and other physical library resources that continue to be borrowed by patrons," commented Tony O'Brien, co-chair of NISO's Discovery to Delivery Topic Committee, which reviewed and approved the proposal
prior to its submittal to NISO's voting membership. Added co-chair Tim Shearer, "In today's economic environment, libraries have become borrowers too, sharing more of their resources with each other and across greater geographical distances. New services and technologies
offer opportunities to improve the traditional ways such sharing and delivery has been done."

"The three groups that have already done work in this area expressed interest in working with NISO to further develop their efforts into a set of recommended practices," states Todd Carpenter, NISO Managing Director. "We are also hoping to involve carrier organizations and
consultants for the delivery industry in addition to libraries, consortia, and cooperatives."

An interest group list for this project is available for those who would like to receive updates on the Working Group's progress and provide feedback to the group on its work. Information on how to subscribe is available at www.niso.org/lists/physdelinfo. Visit the Working Group website at www.niso.org/workrooms/physdel. Additional questions may be directed to Karen A. Wetzel, NISO's Standards Program Manager at kwetzel@niso.org.

About NISO
NISO fosters the development and maintenance of standards that facilitate the creation, persistent management, and effective interchange of information so that it can be trusted for use in research and learning. To fulfill this mission, NISO engages libraries, publishers, information aggregators, and other organizations that support learning, research, and scholarship through the creation, organization, management, and curation of knowledge.NISO works with intersecting communities of interest and across the entire lifecycle of an information standard. NISO is a not-for-profit association accredited by the American National Standards Institute (ANSI). More information about NISO is available on its website: www.niso.org

. For more information please contact NISO on (301) 654-2512 or via
email on nisohq@niso.org.

For More Information, Contact:
Victoria Kinnear
Business Development and Operations Manager, NISO
Phone: 301-654-2512
Email Victoria Kinnear
Karen A. Wetzel
Standards Program Manager, NISO
Phone: 301-654-2512
Email Karen A. Wetzel
_______________________
*Thanks to Ellen McGrath Head of Cataloging at the State University of New York Buffalo, Charles B. Sears Law Library for sharing this information..

** From David Badertcher. As someone who helps to oversee the operations of a public access law library, I hope, and strongly urge, the scope of the above described initiative be sufficiently comprehensive to address document delivery issues related to library to patron as well as library to library. I am thinking in particular of those disabeled patrons who may have a legitimate need for materials to bedelivered to them at home and who may not have an organization or person at their disposal to provide these services. We are seeing an increasing need for these services and programs.

Posted On: November 18, 2009

CLLB: Information Security Newsletter

Volume 2 Number 11 November 2009

Online Holiday Shopping Tips

From the Desk of David Badertscher

Online Holiday Shopping Tips

The holiday season is approaching quickly and many of us will be shopping online. comScore estimates that in one day alone last year --Cyber Monday on December 1--$846 million was spent in online shopping, marking a 15% jump from 2007. With the increased volume of online shopping, it’s important that consumers understand the potential security risks and know how to protect themselves and their information.

The following tips are provided to help promote a safe, secure online shopping experience:

Secure your computer. Make sure your computer has the latest security updates installed. Check that your anti-virus/anti-spyware software is running and receiving automatic updates. If you haven’t already done so, install a firewall before you begin your online shopping.

Upgrade your browser. Upgrade your Internet browser to the most recent version available. Review the browser’s security settings. Apply the highest level of security available that still gives you the functionality you need.

Ignore pop-up messages. Set your browser to block pop-up messages. If you do receive one, click on the "X" at the top right corner of the title bar to close the pop-up message.

Secure your transactions. Look for the "lock" icon on the browser's status bar and be sure “https” appears in the website’s address bar before making an online purchase. The "s" stands for "secure” and indicates that the webpage is encrypted. Some browsers can be set to warn the user if they are submitting information that is not encrypted.

Use strong passwords. Create strong passwords for online accounts. Use at least eight characters, with numbers, special characters, and upper and lower case letters. Don’t use the same passwords for online shopping websites that you use for logging onto your home or work computer. Never share your login and/or password.

Do not e-mail sensitive data. Never e-mail credit card or other financial/sensitive information. E-mail is like sending a postcard and other people have the potential to read it.

Do not use public computers or public wireless to conduct transactions. Don’t use public computers or public wireless for your online shopping. Public computers may contain malicious software that steals your credit card information when you place your order. Criminals may be monitoring public wireless for credit card numbers and other confidential information.

Review privacy policies. Review the privacy policy for the website/merchant you are visiting. Know what information the merchant is collecting about you, how it will be used, and if it will be shared or sold to others.

Make payments securely. Pay by credit card rather than debit card. Credit/charge card transactions are protected by the Fair Credit Billing Act. Cardholders are typically only liable for the first $50 in unauthorized charges. If online criminals obtain your debit card information they have the potential to empty your bank account.

Use temporary account authorizations. Some credit card companies offer virtual or temporary credit card numbers. This service gives you a temporary account number for online transactions. These numbers are issued for a short period of time and cannot be used after that period.


Select merchants carefully. Limit your online shopping to merchants you know and trust. Confirm the online seller's physical address and phone number in case you have questions or problems. If you have questions about a merchant check with the Better Business Bureau or the Federal Trade Commission.

Keep a record. Keep a record of your online transactions, including the product description and price, the online receipt, and copies of every e-mail you send or receive from the seller. Review your credit card and bank statements for unauthorized charges.


What to do if you encounter problems with an online shopping site?:

If you have problems shopping online contact the seller or site operator directly. If those attempts are not successful, you may wish to contact the following entities:


the Attorney General's office in your state

your county or state consumer protection agency

the Better Business Bureau at: www.bbb.org

the Federal Trade Commission at: www.ftc.gov/


For additional information about safe online shopping, please visit the following sites:


US-CERT: www.us-cert.gov/cas/tips/ST07-001.html
National Cyber Security Alliance: www.staysafeonline.org/content/online-shopping

OnGuard Online: www.onguardonline.gov/topics/online-shopping.aspx

Online Cyber Safety: www.bsacybersafety.com/video/

Microsoft: www.microsoft.com/protect/fraud/finances/shopping_us.aspx


The above comments are based on information tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to http://www.msisac.org/
_______________________________

MORE NEWS AND DEVELOPMENTS:

McAfee Issues Fifth Annual Virtual Criminology Report

SANTA CLARA, Calif., November 17, 2009 - McAfee, Inc. (NYSE:MFE) today revealed that the global cyberarms race has moved from fiction to reality, according to its fifth annual Virtual Criminology Report. The report found that politically motivated cyberattacks have increased and five countries - the United States, Russia, France, Israel and China - are now armed with cyberweapons. Click here for News Release.

“McAfee began to warn of the global cyberarms race more than two years ago, but now we’re seeing increasing evidence that it’s become real,” said Dave DeWalt, McAfee president and CEO. “Now several nations around the world are actively engaged in cyberwar-like preparations and attacks. Today, the weapons are not nuclear, but virtual, and everyone must adapt to these threats.”

The McAfee Virtual Criminology Report 2009 is available for download at http://resources.mcafee.com/content/NACriminologyReport2009NF


Chief Information Security Officers Answer 4 Burning Questions
6 government chief information security officers have a round-table discussion about the most dangerous new cybersecurity threats and best strategies for addressing those risks.




Posted On: November 17, 2009

The Jury Expert

Volume 21 Issue 6 November 2009.

Table of Contents

Sex and Race in the Courtroom: Shifting Gender-Role Attitudes in a Changing World

Online and Wired for Justice: Why Jurors Turn to the Internet

Jury Research for Settlement: The Price is Right?

Guilty but Mentally Ill (GBMI) vs. Not Guilty by Reason of Insanity (NGRI): An Annotated Bibliography

When Jurors Nod

Everything I Ever Needed to Know About Live Communication I Learned From Konstantin Stanislavski: Common Mistakes and Best Practices

"Don't Poke Scalia!" Lessons for Trial Lawyers from the Nation's Highest Court

The Case for Using 3D Animation in Litigation

In the near future we plan to publish commentaries/ abstracts on one or more of the above articles. We also plan to continue this practice as appropriate for future issues of this publication.

Posted On: November 16, 2009

ABA Jurimetrics Journal Goes Electronic

Jurimetrics, The Journal of Law, Science and Technology (ISBN 0897-1277), published quarterly, is the journal of the American Bar Association, Section of Seience & Technology law and the Center for Study of Law, Science and Technology of the Sandra Day O'Connor College of Law, Arizona State University. It was first published in 1959 under the leadership of Layman Allen as Modern Uses of Logic in Law (MULL). A former name, Jurimetrics Journal, was adopted in 1966. The current name was adopted in 1978. Until now Jurimetrics has been published and distributed in hard copy. Soon ( beginning with the Winter 2010 issue) Jurimetrics will be electronic only.

According to the American Bar Association, here is how this works: Subscribers will receive an e-mail message letting them know when a new issue is available. That e-mail will include a link to a Web site where subscribers can lood at all of the abstracts and then download-or print out-any of the articles they want to read in PDF format.

The electronic version will be fully searchable, so subscribers can scan Jurimetrics for topics that are of interest. According to ABA this enhanced format also means that subscribers can be provided with more articles, "packed with more information--and get them to you much faster."

Members and non-members of the ABA Section of Science & Technology Law will still be able to obtain an additional print-on-demand version for a fee at the end of each publishing year.

Posted On: November 16, 2009

AALL Maryland Authentication Working Group and Maryland Register Print Discontinuation

The Maryland Authentication Working Group and the print discontinuation of the Maryland Register are both discussed in the following e-mail from Joan M Bellistri, a member of the Working Group:

The AALL Maryland Authentication Working Group has been created. Ideally, this working goup would have been formed before there were any issues in Maryland but we now have the immediate issue of the conversion of the Maryland Register to pdf distribution only. The Working Group is composed of librarians from court, academic and firm libraries and consists of Joanne Colvin, President of LLAM, Janet Camillo, Chair CMCLLD, Pat Behles, Carol Mundorf, Andy Zimmerman, Steve Anderson and myself. We hope to be adding members from the public library government docs community and the academic libraries and the Maryland State Bar Association. The ultimate purpose of the group would be to monitor
Maryland's legal resources in terms of e-life cycle management (authentication, permanent public access and preservation) and work to educate the appropriate officials about the importance of these issues through the creation of a policy paper as a follow up to the
state-by-state report.

However, the Maryland Division of State Documents of the Office of the Secretary of State just announced plans to discontinue the paper publication of the Maryland Register* *because of State budget reductions. In its place, the Division plans an e-Subscription, consisting solely of a biweekly e-mail with an attachment in PDF of that issue of the Register. The planned e-Subscription as stated in the notice contains this limitation (my emphasis is in bold):

"The new e-Subscriptions will be priced by user and sent to one email address per user. *Keep in mind that subscribers may not make copies of the pdf for others, may not send the pdf to others, and may not engage in any commercial or other distribution of the pdf, in whole or in part*."

The notice is available at the main web page of the Maryland Register: The notice is dated November 2009, and the change will be effective January 4, 2010. There was no public comment period.

This issue of the Maryland Register will be the first work of the group. Steve Anderson, Director of the Maryland State Law Library, is already working on a briefing for the Judiciary. The following are ideas for action from the phone call that we had with Mary Alice Baish
of AALL's GRO on Friday:

find a way to stop or delay the end of the print create a one page issue brief detailing "why this is a bad idea" contact news outlets, write an op-ed piece form a coalition of library and legal organizations create a base of allies: consumer groups (MARYPIRG?), watch dog
groups, ... get testimonials of users who would be affected

We are also working with the LLSDC Government Relations Committee.

Joanie

Some Excerpts From Comments Received By E-mail Regarding the Discontinuation of the Print Version of the Maryland Register

"This is horrible news! It doesn't appear that they will offer any kind of library subscription. We need to have copies in the library for historical use. Many times what people are looking for isn't current news. Yikes! Does anyone know who we need to complain to?"

"I share your concern, but am not certain how serious this is. This is probably an issue that needs to be thought through, and I expect to see more conversions like this given budgetary constraints. The State Government article section cited on the notice says that lawyers may give advice and incorporate portions text into documents without any problem. It also talks about the prohibition on reproducing these materials for commercial purposes. I'd love to hear from somebody involved in the COMAR campaign and/or who has thought about these portions of the code and what they mean for us. I can't remember who handled the COMAR issue off the top of my head."

"This is an issue that we should bring to the attention of the AALL Government Affairs Office. They are in the process of creating state working groups on the issue of digital authentication of official online versions of government publications. I will get in touch with them now.....The implications I see for our library would be the use restriction to one user and the prohibition of distribution or making copies, the availability of past/archived issues and the authentication issue."

"Hello! Division of State Docs [Maryland] just returned our print subscription
payment. Contrary to the directive in their letter, they suggest we
print the PDF and place it on the shelf. However, this "alternative"
must be confirmed by Gail Klakring, the Administrator. I left Ms.
Klakring a v-message asking for her advice/direction how to handle as
this was a library subscription not a personal one. Have you called that
office and have you received any direction/advice how to handle for your
libraries?"

Gail Klakring's initial response:

"We are in the process of working out the 'kinks' regarding the conversion of the Maryland Register from the print version to the PDF version. As of right now, I have been telling librarians that they may print out the PDF version of the Register and place it on their shelves. Some of them have indicated that they will then delete the email containing the PDF. I am seeking advice from our assistant attorney general regarding this issue, and will let you know if something changes. This is also very new to us, and we appreciate you bearing with us as we work through the conversion."

Gail S. Klakring

Acting Administrator

Division of State Documents [Maryland]


Posted On: November 13, 2009

ABA Journal Weekly Newsletter

For Week Ending August 13, 2009.

Top Ten Stories.

Law Firms
Top 250 Law Firms Collectively Shrank by 5,259 Lawyers
Nov 9, 2009, 07:46 am CST

Lawyer Pay
How Low Will New Lawyer Pay Go? As Low as $110K to $130K at Reed Smith
Nov 10, 2009, 11:18 am CST

Law Practice Management
Five-Star Law Firms? ACC Publishes Ratings, to Mixed Reviews
Nov 10, 2009, 10:40 am CST

Legal Education
ABA Lobbies for Student Loan Relief for Unemployed Attorneys
Nov 11, 2009, 01:41 pm CST

Law Schools
ABA Should Collect School Data on Law Grads’ Salaries and Debt, Prof Says
Nov 12, 2009, 09:59 am CST

Legal Innovation
On LegalRebels.com this week:

James Holderman: A federal judge who's pushing to make jury trials more interactive

Nicole Black: How one lawyer/mom used tech to get back in the game

J. Kim Wright: Chronicling the collaborative/holistic law movement

Media & Communications Law

Now Comes the Judge: Sidley Partner Hit for Sarcasm and Missing Mantra
Nov 11, 2009, 10:03 am CST

Law Firms
Bankruptcy Boutiques Are ‘Quietly Booming’
Nov 9, 2009, 01:42 pm CST

Internet Law
Judge Rules Web Commenter Will Be Unmasked to Mom of Criticized Teen
Nov 9, 2009, 04:00 pm CST

Trademark Law
Playboy Sues Lawyer Who Posed for Mag, Claims She Can’t Be ‘Lawyer of Love’
Nov 11, 2009, 08:07 am CST

Posted On: November 13, 2009

CLLB: Criminal Justice Abstracts

For week ending November 13, 2009.

PREPARED BY: Michael Chernicoff

Looser Rules on Sentencing Stir Concerns About Equity

http://online.wsj.com/article/SB125738940063830037.html

The Supreme Court cases of The United State v. Booker in 2005

(http://origin.www.supremecourtus.gov/qp/04‐00104qp.pdf ) and Cunningham v. California (http://origin.www.supremecourtus.gov/qp/05‐06551qp.pdf), which gave federal judges more flexibility to depart from sentencing guideline, have been the cause of controversy as defendants can receive wildly different sentences for similar crimes.

According to Indiana University law professor Ryan Scott, “There is preliminary evidence of greater inconsistencies between judges, who have the freedom to draw upon their own political, policy, and punishment values when they make sentencing decisions.”

Those in favor of greater judge’s discretion in sentencing claim that past rules were inflexible and that judges can now use their expertise to fittingly publish criminals.

However, others warn that there is now a potential problem of a defendants’ punishment to be left largely the discretion of individual judges.


Justices Weigh Lawsuits Against Prosecutors

http://www.usatoday.com/news/washington/2009‐11‐04‐court‐immunity_N.htm

Supreme Court Justices have been struggling to make a decision to hold prosecutors responsible for civil right lawsuits involving framing defendants with false testimony and fabricated evidence.

Deputy U.S. Solicitor General Neal Katyal believes the court should focus on the goals of the justice system, rather than simply focus on individual authorities who abuse their power. Katyal has backed local Iowa prosecutors and has urged the justices to rule that prosecutors’ immunity also covers any investigatory misconduct. According to Katyal, the court’s decisions, “reflects a larger interest in protecting judicial information coming into the judicial process. If prosecutors have to worry at trial that every act they undertake will somehow open up the door to liability, they will flinch in the performance of their duties.”

Pottawattamie County, Iowa, prosecutors allegedly obtained false testimony from man who became the key witness in the 1977 murder trial of Curtis McGhee and Terry Harrington. Their sentence was life in prison.

After it came out prosecutors Joseph Hrvol and David Richter failed to turn over evidence and coached the key witness to testify against McGhee and Harrington, the Iowa Supreme Court later voided their sentences. The two men then later sues Hrvol and Richter under federal civil right law, claiming their rights of due process were violated by the coerced false testimony against them.

The case could potentially affect prosecutors’ methods in cases nationwide, is being watched by defendants’ rights and civil liberties groups. Twenty‐seven states and the Obama Justice Department are involved trying to shield prosecutors from claims for damages from any testimony. There is no present consensus among the justices about the appeal saying the claims could proceed.

Supreme Court Justices have taken various stances. Justice Sonia Sotomayor said she believed prosecutors nationwide were rarely disciplined for improper conduct in the investigatory stage. Justice John Paul Stevens said he was concerned about shielding prosecutors for improper actions that occur long before they began to prepare for trial. Justice Anthony Kennedy has argued that prosecutors cannot be held liable for any fabrication that ends up being used at trial. Justice Samuel Alito worries about frivolous lawsuits against government lawyers. Chief Justice John Roberts suggested that if McGee and Harrington could press their claim, prosecutors would eventually be vulnerable to lawsuits in the event a defendant was acquitted.


Ramsey Urges Criminologists To Give Chiefs Data Before It’s Dated

http://thecrimereport.org/2009/11/05/ramsey‐urges‐criminologists‐to‐give‐chiefs‐data‐before‐its‐dated/

Philadelphia Police Commissioner Charles Ramsey address the American Society of Criminology, saying that Criminologists can provide “invaluable” information, but should do their work promptly and make it understandable. Ramsay also went through some of his history including hiring Northwestern University criminologist Wesley Skogan, and major shifts in this profession since the terrorist attacks of September 11, 2001. After, Temple University sponsored Ramsey at an “interview” by Police Executive Research Forum director Chuck Wexler.


Criminologist’s Suggestion To Media: Cover Crime Like Business

http://thecrimereport.org/2009/11/05/criminologists‐suggestion‐to‐media‐cover‐crime‐like‐business/

Criminologist Richard Rosenfeld suggests that reporting crime trends would improve if treated more like business news is handled. Rosenfeld, the incoming president of the American Society of Criminology spoke at the organization’s annual meeting saying that crime coverage is of individual crimes, and “devoid of meaningful context.”

Rosefeld suggests that newspapers or media Web sites create “crime and justice” pages, and suggested content for the pages include data, crime rates, and alternate sources of risk to victims. Also on the panel, Jeffry Butts of Public / Private Ventures in Philadelphia, criticized some media reports for reporting trends out of context, and pointed out journalists sloppy differentiation between “juveniles” and “youths.” Other panelist included Wesley Skogan of Northwestern University, Mark Fazlollah of the Philadelphia Inquirer, and Ted Gest of Criminal Justice Journalists.

Posted On: November 13, 2009

Judge Finds Murder Defendant Jailed 18 Years to be Innocent

An Acting Supreme Court Justice in Manhattan dismissed a 1991 murder indictment "with prejudice" yesterday, finding an inmate jailed 18 years to be "actually innocent".

Justice John A. Cataldo found that the conviction of Fernando Bermudez to have been undermined by flawed identification procedures and the submission of testimony that the prosecution should have been known to be false.

Mr. Bermudez remains in jail for now because of a separate federal drug sale convicrtion that carried a 27 month sentence.

Justice Cataldo apologized to Mr. Bermudez saying "This court wishes to express its profound regret over the past 18 years. I hope for you a better future."

DECISION AND ORDER: People v. Fernando Bermudez Indictment No. 8759/91

Posted On: November 12, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - LexisNexis

November 12, 2009.

Update from the Lexis Alert Service,

1. People v. Johnson, 9973, 1634/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8052; 2009 N.Y. App. Div. LEXIS 7904, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Ronald A. Zweibel, ...

2. People v Brunner, 1387, 5545/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8054; 2009 N.Y. App. Div. LEXIS 7902, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Renee A. White, ...

3. People v Marks, 1411, 3459/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8070; 2009 N.Y. App. Div. LEXIS 7916, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Bruce Allen, J.), ...

4. People v Shepard, 1029, 5496/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8051; 2009 N.Y. App. Div. LEXIS 7901, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Arlene R. Silverman, ...

5. People v Pinero-Baez, 1396, 887/08, 1397, 83/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8060; 2009 N.Y. App. Div. LEXIS 7907, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (William A. Wetzel, ...

6. People v Hopkins, 1400, 316/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8062; 2009 N.Y. App. Div. LEXIS 7933, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Eduardo Padro, J.), ...

7. People v Quan Hong Ye, 1404, 2968/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8064; 2009 N.Y. App. Div. LEXIS 7911, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (John A.K. Bradley, ...

8. People v Vanderpul, 1406, 6369/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8066; 2009 N.Y. App. Div. LEXIS 7920, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Michael R. Ambrecht, ...

9. People v Mornix, 1413, 592N/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8072; 2009 N.Y. App. Div. LEXIS 7924, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Robert M. Stolz, ...

10. People v Chauncy, 1422, 1775/07, 5496/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8079; 2009 N.Y. App. Div. LEXIS 7928, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (James A. Yates, ...

11. People v. Nestingen, 1421, 2154/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8078; 2009 N.Y. App. Div. LEXIS 7929, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Bonnie Wittner, J.), ...

12. People v. Fulton, 1425 1101/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8081; 2009 N.Y. App. Div. LEXIS 7931, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...


Posted On: November 12, 2009

American Libraries Direct

The e-Newsletter of the American Library Association - November 11, 2009.*

Highlights:

Extending the library’s reach
Tom Storey writes: “For 10 years, Brian Mathews has focused his passion for librarianship on students—specifically, how to mesh the student lifestyle with library services. Mathews, assistant university librarian for outreach and academic services at the University of California, Santa Barbara, is one of a growing number in the profession who are taking library services to users, rather than expecting users to come to the library. These professionals want the library to be anywhere and everywhere—particularly in places where it is not expected (such as at the beach).”...

Experts: Copyright law hinders scholarship
Day two of the annual Educause higher-education technology conference in Denver, November 3–6, saw at least two presenters speak out about the unfair application of strict copyright protections to scholarly journals—a practice, they said, that hinders academic endeavors. Stanford law professor and activist Lawrence Lessig said that restrictive copyright laws are “destructive of science and education” because academia has adopted a copyright model that largely mimics that of the entertainment industry....
eSchool News, Nov. 6

Libraries: A bridge over the Digital Divide
The Cuyahoga County (Ohio) Public Library consistently ranks as one of the nation’s busiest library systems. In 2008, it ranked 7th in the nation in the volume of materials circulated—with 17.8 million items, mostly print books, checked out by patrons. This September report on “Broadband and the Digital Divide: The New Role of Public Libraries” by the Knight Center of Digital Excellence offers a case study in the library’s pursuit of broadband connectivity, the impact of these efforts in Northeast Ohio, and the potential role CCPL exemplifies for public libraries in bridging the digital divide....
Knight Center of Digital Excellence, June 16

101 ways to promote a new blog
David Turnbull writes: “Promoting a new blog can be quite daunting, but it doesn’t have to be. As you might expect, breaking down blog promotion into small, actionable tasks eliminates the mental roadblock you’ve probably experienced when trying to wrap your head around how to get people’s attention. You don’t have to do everything in this list, and some items will have a greater effect then others, but every tactic will at least drive some traffic, and any traffic is better than no traffic.”...
Daily Blog Tips, Nov. 4

Twitter joins up with LinkedIn
Allen Blue writes: “LinkedIn is announcing a partnership with Twitter—and some new features. The idea is simple: When you set your status on LinkedIn you can now tweet it as well, amplifying it to your followers and real-time search services like Twitter Search and Bing. And when you tweet, you can send that message to your LinkedIn connections as well, from any Twitter service or tool.” Watch LinkedIn cofounder Reid Hoffman (left) and Twitter cofounder Biz Stone discuss (2:29) the great potential of the integration between their companies....
LinkedIn Blog, Nov. 9; YouTube, Nov. 9

Click here to see complete issue of this Newsletter.
________________________
*Thanks to Philip Y. Blue, Senior Law Librarian New York Supreme Court Criminal Term Library (New York County) for submitting this information.

Posted On: November 12, 2009

Congressional Printing: Background and Issues for Congress

A Report from the Congressional Research Service (CRS) prepared by R. Eric Petersen, Analyst in American National Government November 5, 2009.*

Summary

Periodically, concerns have been raised about the number and variety of products created to
document congressional activity. Other concerns focus on the process for authorizing and
distributing printed government documents to Members of Congress, committees, and other
officials in the House and Senate. These concerns reflect broader issues related to the manner in which government and private information is created, assembled, distributed, and preserved in
light of the emergence of electronic publishing and distribution.

From its establishment in 1861, the Government Printing Office (GPO) has compiled, formatted,
printed, bound, and distributed documents that have recorded the activities of Congress (and the
work of other governmental entities). In current practice, more than half of all government
documents originate in digital form, and are distributed electronically. As a consequence of
electronic production and dissemination, some congressional materials are now more readily
available to wider congressional, governmental, and public audiences than when they were only
produced and distributed in paper form.

Some have argued that eliminating paper versions of some congressional documents, and relying instead on electronic versions, could result in further cost and resource savings and might provide environmental benefits. At the same time, however, current law regarding document production, authentication, and preservation, as well as some user demand, require a number of paper-based documents to be produced and distributed as part of the official record of congressional proceedings.

As a result of requirements for both electronic and paper-based versions of congressional
documents, GPO oversees an information distribution process that produces and distributes most of the congressional information for which it is responsible in both electronic and printed forms. This process provides the necessary information and appropriate formats for Congress to carry out and document its activities, but it may also result in some unwanted printed copies of
congressional documents being delivered to congressional users who prefer to access those
resources electronically. More broadly, the transition to electronic distribution of materials may
raise questions about the capacity of current law and congressional practices to effectively
oversee GPO’s management and distribution responsibilities regarding congressional
information.

This report, which will be updated as events warrant, provides an overview and analysis of issues
related to the processing and distribution of congressional information by the Government
Printing Office. Subsequent sections address several issues, including funding congressional
printing, printing authorizations, current printing practices, and options for Congress. Finally, the
report provides congressional printing appropriations, production, and distribution data in a
number of tables.

Click here to see the complete Report
_____________________________________
* Thanks to Rick McKinney, Federal Reserve Board Library and Janet Fischer of the Golden Gate University Law Library for forwarding information about this Report..

Posted On: November 10, 2009

The Power of Librarian Collaboration to Provide Better Information

I was delighted to receive the following e-mail this morning from Camilla Tubbs, Chair of the American Association of Law Libraries (AALL) because it illustrates how librarians are working together to provide an improved information environment for the benefit of us all --librarians and non-librarians alike. Clearly these are the types of initiatives that need to be shared with our readers.

Some of the links below may be accessible only to members of AALL but others are potentially valuable research links which should be accessible to all. We encourage readers to comment. Anyone can send comments and provide other feedback directly from this posting. Those who are members of AALL and its Chapters can also subscribe to the Library Advocacy listserv at http://www.aallnet.org/aallwash/aalladvocsubscribe.asp and post directly from there. Without further discussion from me here is Camilla's e-mail. I am greateful for her permission to publish. David Badertscher.

From: Camilla Tubbs

Below are just a few examples that emphasize the power of librarian collaboration to make a bigger difference in information policy matters. The Government Relations committee was able, with your feedback, to create a state-by-state bill tracking guide, here: <http://www.aallnet.org/committee/govr/billtrack.htm>. This was the first step in creating a larger community for advocacy. Now we would like to hear more from you:

Are you a member of your Chapter's local Government Relations Committee or active in librarian advocacy on the state level?

Are there issues like this brewing in your State that you are tracking?

Hearing rumors of new legislation to be introduced affecting information policy?

We need you to post the news to this list-serv and keep us informed - not only of pending library issues but also examples of mobilization. Every bit helps!!

Here are just a few examples of recent Chapter efforts:

Recently, the Government Relations Chairs of three AALL local chapters in California (Northern California (NOCALL); Southern California (SCALL); and San Diego (SANDALL)) and Anne Bernardo for the Council of California County Law Librarians held a brainstorming session about how to move forward on various state issues impacting libraries and access to information. The meeting was a huge success and energized all of the participants.

An AALL member recently brought to attention to Massachusetts Governor's Office proposing the closer the State Library of Massachusetts as a cost-saving measure. The State Library of Massachusetts now has an online petition to ensure that these collections remain freely accessible to all members of the public: <http://www.ipetitions.com/petition/saveyourstatelibrary/?e>. And the Law Librarians of New England (LLNE) are mobilizing to try to keep the library open.

In Wasington, D.C., LLSDC chapter has also been very busy monitoring proper authentication/chain of custody of DC Municipal Regulations (DCMR) and the DC Register, as DC is planning to completely replace its print-based system with the online system . As part of this outreach, LLSDC hosted an event with Andrea Garvey, the Director of the DC Office of Documents and Administrative Issuances so that she could get a better sense of law librarian concerns regarding authentication.

And now, thanks in part to the hard work of members of this listserv and the participants of AALL's Day on the Hill, there is a House and a Senate Bill open CRS reports up further to the public. These efforts continue with our action alert: http://www.aallnet.org/aallwash/aa10162009.pdf

Your work can make a difference!


Posted On: November 6, 2009

Library of Congress: Study of the North American MARC Records Marketplace

October 2009

In January 2009, the Library of Congress (LC) contracted with R2 Consulting LLC (R2) "to investigate and describe current approaches to the creation and distribution of MARC records in US and Canadian libraries", with a primary focus from a primarily economics perspective on "in effect" mapping "the marketplace for cataloging records, including incentives for and barriers to production" of these records. One especially critical aspect of the project has been to assess the degree to which sources other than LC create records in significant quantities, and to determine the extent to which “all roads lead to DLC/DLC.” From a quick read, it appears that RDA and FRBR may it have been afforded sufficient treatment in this Study. Those interested in this topic will certainly want to re-visit the article by Joni Cassidy and members of her staff, AACR Move Over! Here Comes RDA

The following posting includes an excerpt from the Introduction to the resultant Study issued in October 2009 followed by a link for downloading the entire text of the Study.

From the Introduction:

In January 2009, the Library of Congress (LC) contracted with R2 Consulting LLC (R2) to investigate and describe current approaches to the creation and distribution of MARC records in US and Canadian libraries. The primary focus is on the economics of existing practice, in effect mapping the “marketplace” for cataloging records, including incentives for and barriers to production. The underlying question is whether sufficient cataloging capacity exists in North America, and how that capacity is distributed. This project was designed to be descriptive rather than prescriptive, seeking to understand in detail the ways in which cataloging records are produced and distributed, as well as who bears the costs and who realizes the value. We are not attempting to offer solutions or suggest changes, though some have become obvious as we’ve looked at the data. One especially critical aspect of the project has been to assess the degree to which sources other than LC create records in significant quantities, and to determine the extent to which “all roads lead to DLC/DLC.”

The goal is to achieve the best possible understanding of current circumstances and practices:

What is the overall cataloging capacity in North America?

Where does it reside?

What are the primary distribution pathways and channels for sharing records?

How much redundancy is there?

What can we predict about cataloging capacity over the next 5‐10 years?

What is the estimated need/demand? How does this compare with capacity?

What is the relative importance of authority control to libraries?

What is the current reliance by North American Libraries on LC cataloging?

Over the course of six months, R2 employed a number of information‐gathering techniques. First, we developed a social network called Bibliographic Record Production: www.bibrecordproduction.ning.com which ultimately attracted more than 800 members. This forum was used to develop and refine surveys, to assure that we were asking the right questions, and to enlist proportionate representation from all market segments. We performed a literature search as highlighted in the bibliography. We developed two extensive surveys, one for libraries and one for vendors, and worked diligently to assure the participation of school, public, academic and specialized libraries, and of Canadian as well as US libraries. We took special care with the school and small public library markets, as they are often under‐represented in such studies, and rely almost exclusively on records produced by LC, even if those records reach them through other channels. We also interviewed key people by phone, and made a site visit to the Library of Congress.

The surveys were released in April and completed in May 2009. There are a handful of areas where gaps exist, but the response was proportionate to the size of the respective markets, a factor that gives us confidence in the results. Overall, survey responses were strong, with 972 libraries and 70 vendors participating. Results are summarized in sections II and III of the report; Library and Distributor responses respectively. Note that the survey questions themselves can be found online at:

www.r2test.net/pdfs/Survey Questions ‐ Libraries.pdf www.r2test.net/pdfs/Survey Questions ‐ MARC Systems, Distributors, and Service Providers.pdf

Despite many revisions and our best efforts to achieve clarity in the survey questions, it is apparent that a common understanding does not apply across all market segments. There is, in fact, not really a shared understanding of what constitutes a MARC record, since it can serve purposes other than cataloging. In addition, the distinction between creating a record (which ideally occurs once for each title) and distributing a record (where the same record may be provided to multiple customers) proved confusing to some respondents. This has made quantitative comparisons unreliable, and we have introduced them only in cases where the data are relatively unambiguous.

Our primary observations and conclusions are described in the two subsequent sections of the report:

III. The Conflicted Market
IV. Economics of Cataloging

Continue reading " Library of Congress: Study of the North American MARC Records Marketplace " »

Posted On: November 6, 2009

ABA Journal Newsletter

For week ending November 6, 2009

Top Ten Stories:

Law Firms
Ropes & Gray Associate Arrested in Galleon Probe
Nov 5, 2009, 09:39 am CST

Criminal Justice
Sidley Austin Rescinds Offer to New Hire Suspected of Setting Fire to 9-11 Chapel
Nov 2, 2009, 01:05 pm CST

Media & Communications Law
Ex-Associate Badmouths Former Firm in Legal Blog
Nov 2, 2009, 01:35 pm CST

U.S. Supreme Court
Associate Makes Supreme Court Debut in Prosecutor Immunity Case
Nov 4, 2009, 02:23 pm CST

Lawyer Pay
Law Firm Leader 'Quite Honestly Surprised' at Cravath Bonuses
Nov 3, 2009, 10:26 am CST

U.S. Supreme Court
Justice Scalia Delivers Lesson on Word Usage
Nov 4, 2009, 08:09 am CST

Lawyer Pay
Associate Pay May Need to Return to 1998 Levels, Consultant Says
Nov 5, 2009, 09:10 am CST

Legal Innovation
On LegalRebels.com this week:

Matt Homann: Law Thinker
Max Miller: The Immerser
Pamela Woldow: Point Person
Media & Communications Law

Law Prof Drops Privacy Suit Against Above the Law; Blog Offers Prof Guest Spot
Nov 4, 2009, 04:20 pm CST

Trials & Litigation
Feds Visit Rothstein Law Firm; Ex-Judge is Appointed as Receiver
Nov 4, 2009, 08:01 pm CST

Posted On: November 5, 2009

Criminal Court Facilities Management in 1909

David Badertscher

One hundred years ago last Tuesday (November 3, 1909) the criminal court building in Manhattan (bounded by Centre, Lafayette, Franklin, and White Streets) was declared unsafe for human occupancy and everyone in the building at the time was ordered to leave immediately.

According to a New York Times article Written the following day, "when the last man was out a squad of thirty policemen under Inspector Daley and Captain Galvin took charge of the building, roping it off on all sides and remaining on guard outside the building to forbid anyone to enter or even pass through any of the flanking streets".

Courts housed in the building at the time included the Criminal Branch of the Supreme Court, the various parts of General Sessions, the Court of Special Sessions, the Coroner's Court, the Tombs Court, and the District Attorney of New York County offices.

Judge Mulqueen of General Sessions said the condemming of the building had been expected. By 1906 the building had been settling, cracks were appearing in the walls, plaster fell, and many doors and windows were out of plumb.

According to the New York Times article, Judge Mulqueen also remarked that for months before the condemnation "...the holding of court in any of the rooms of the building was a nerve testing feat". He declared that when a subway train passed through Layfayette street the vibration in the building "caused the chair in which he sat hearing cases to tremble under him."

Posted On: November 5, 2009

Victim of Child Porn Seeks Damages from Viewers

The Violence Against Women Act of 1994 includes a section requiring restitution for victims of sex crimes. Although “Amy” was videotaped being sexually abused as a child, she has been given awards ranging from the millions to nothing. One judge in Arkansas claimed there was no way to assess and restitution amount, that the victims was not identifiable and that there was no proof of a “causal link” between viewing the images and specific injury to Amy. The government has appealed the case, which could set up a showdown at the U.S. Supreme Court over the conflicting rulings.

Amy’s attorney, James R. Marsh of New York, has been fighting the restitution battle for Amy. “She basically doesn’t have any joy in her life. This is just an awful situation.” “What happened to me hasn’t gone away,” said Amy. “It will never go away.”

The Virginia-Pilot

Submitted by:

Michael Chernicoff

Posted On: November 5, 2009

Gang Problem Growing Indianapolis Metropolitan Police Department Official Says

The Indianapolis Metropolitan Police Department has about 50 officers working on a small but growing gang problem within the city. Deputy Chief William Benjamin told an audience at Arlington High School that, “We have a small problem compared to other cities, but we have a problem.”

The main speaker at the seminar was Dr. O’dell M. Owens, an in-vitro specialist turned county coroner and gang expert. He said a good education is the best defense against gangs and other crime.

In the city, the rise of Hispanic gangs is a troubling trend. Stephen Parnell, Marion County’s chief gang prosecutor, said, “We’re seeing some of those gangs, in response (to Hispanic gangs), increase their numbers.”

The influence of national gangs is still low in Indianapolis, where gangs tend to be smaller, less organized, and often short-lived, public safety officials say. “They’re basically after wealth and status,” said Parnell, “The gang territory is not a rigid as it is elsewhere in country.”

That dynamic make Indianapolis’ gang scene less terrifying than those in some cities, but also more difficult for law enforcement to target, said Parnell.

Indianapolis Star

Submitted by:

Michael Chernicoff

Posted On: November 5, 2009

Push to Legalize Marijuana Gains Ground in California

A hearing will be held Wednesday on the effects of a bill that would legalize, tax, and regulate marijuana. Tax officials estimate the legislation could bring about $1.4 billion a years. Governor Arnold Schwarzenegger has indicated he would be open to a “robust debate” on the issue.

The separate initiatives are being circulated for signatures to appear on the ballot next year, all of which would permit adults to possess marijuana for personal use and allow local government to tax it. Proponents of the leading ballot initiates have collected nearly 300,000 signatures since late September, and supporters says that they are easily on pace to qualify for the November 2010 general election.

California was the first state to legalize marijuana for medical purposes in 1996, but court rulings, including the Supreme Court’s, has ruled that the federal government can continue to enforce its ban.

These bids to legalize marijuana are opposed by law enforcement group across the state. Also, federal authorities have made it know that their tolerance stops at recreational use.

New York Times

Submitted by:

Michael Chernicoff


Posted On: November 4, 2009

Obama Set to Sign Bill Widening Hate Crime Law

An update to the federal hate crime statutes originally passed by Congress in 1968 will be signed by President Obama. This update will include protections to gay, lesbian, transgender, and disabled people.

Despite this, many of the people who worked on this bill do not expect more people to be charged with hate crimes. “Are there going to be a huge number of prosecutions by the federal government, by the Justice Department, under this statue? No,” says David Stacy, a lobbyist on gay issues for the Human Right Campaign.

The majority of hate crime prosecutions have always been handled by state and local officials. People who oppose hate crime laws say the federal government should have left it that way.

The signing will mean that federal government could now help state and local officials tackle hate crimes providing them with federal investigators, forensic tools, and money.

The new law would let the Justice Department grant state and local officials up to $100,000 to cover the costs of prosecuting a hate crime. The bill includes provisions to train state and local law enforcement official about hate crimes. It also protects people with disability for the first time.

National Public Radio

Submitted by: Michael Chernicoff