August 16, 2010

OCLC Update 2010

Today we received a link to a slide presentation by Glenn Patton, Director of Wordcat Quality Management at OCLC on July 11 at the American Association of Law Libraries (AALL) Annual Meeting in Denver, Colorado. We are sharing this information with you because these slides convey an important message regarding the urgency of establishing acceptable standards and developing techniques based on those standards for ensuring continued and improved access to structured data stored in various formats on web.2.0 and future versions as they evolve. .Topics covered include updates regarding the Connexion client, some discussion of the Virtual Internation Authority File (VIAF), and the ISO 27729 ISO Standard, International Standard Name Identifier (ISNI).

August 13, 2010

Skyriver and Innovative Interfaces v. OCLC

On JUly 28, 2010, Skyriver Technology Solutions, LLC and Innovative Interfaces, Inc. filed a complaint against Online Computer Library Center, Inc.(OCLC) in the District Court Northern District of California alleging federal and state antitrust violations and unfair competition. More specifically the complaint states that OCLC " unlawfully monopolizing the bibliographic data, cataloging services, and interlibrary lending markets and is attempting to monopolize the market for integrated library systems by anticompetitive and exclusionary agreements, policies and practices."

OCLC has responded though a Statement from Larry Alford, the Chair of the OCLC Board of Trustees and Jay Jordan OCLC President. The Statement reads in part:

"We at OCLC believe the lawsuit is without merit, and we will vigorously defend the policies and practices of the cooperative
"OCLC's General Counsel, working with trial counsel, will respond to this regrettable action by SkyRiver and Innovative Interfaces following procedures and timetables dictated by the court. This process will likely take months or even years, not days..".

We are not particularly surprised by this action because in our view it is a manifestation of growing concerns and tensions resulting from the increasing commercialization of many organizations serving libraries and other sectors of the information community. Those interested in this issue should also read, or perhaps re-read, Joni Cassidy's posting on this blog: Skyriver: Could It be a Contender?

Here are some other documents and postings we recommend to those interested in following this action. :

Complaint: Docket No 10-cv-03305-BZ

Link to Statement from OCLC Board of Trustees and President about Skyriver, Innovative Interfaces Complaint..

Library Journal article discussing the founding of SkyRiver as a competitor of OCLC and its potential impat on tehnical Service

"SkyRiver Tech and Innovative Interfaces Seeks Access to "OCLC's Unlawfully Acquired Database" in Unfair Competition Complaint" August 10 posting on Law Librarian Blog.

June 18, 2010

NISO Announces Six Recommended Practice Development Projects for Information Standards

Ellen McGrath of the Charles P.Sears Law Library at the University of Buffalo has forwarded the following announcement from the National Information Standards Organization (NISO). We are posting it here in recognition and appreciation of the importance of NISO's ongoing work to the library community:

David Badertscher

Date: Fri, 18 Jun 2010 10:24:09 -0400
From: Cynthia Hodgson
Subject: NISO Announces Six New Standard or Recommended Practice Development Projects - Programs at ALA 2010 Annual Conference to provide more

The National Information Standards Organization (NISO) has launched six new standard or recommended practice development projects in the past six months. There are now more development projects underway than at any time in NISO’s history. Experts from interested and affected organizations have volunteered to participate on working groups to develop consensus
standards or best practice recommendations for each of the six projects.

“The rapid pace of new development projects,” states Todd Carpenter, NISO’s Managing Director, “is an indication of both the need for standards and recommended practices in the NISO community and the community’s confidence in NISO as the organization that can best bring together all the parties needed to find innovative and practical solutions.”

“Many of the new projects are joint efforts with other organizations,” Karen Wetzel, NISO Standards Program Manager, points out, “or are expansions on work begun by others in our community. This is a reflection of NISO’s outreach in recent years to organizations working in related areas.”

The six new project working groups are:

E-journal Presentation & Identification – Chaired by Steve Shadle
(University of Washington), this working group will develop a NISO Recommended Practice for the presentation and identification of e-journals to improve the title listings and supporting metadata on journal websites and to particularly address the issue of titles that change names or publishers.

Improving OpenURL Through Analytics (IOTA) – Chaired by Adam Chandler
(University of Cornell), this working group is investigating the feasibility of creating industry-wide, transparent, and scalable metrics for evaluating and comparing the quality of OpenURL implementations across content. It builds on work begun at Cornell University as part of a
2008/2009 Mellon Planning Grant. The results of this investigation and follow-up recommendations will be published in a NISO Technical Report.

RFID in Libraries Revision
‑ Co-chaired by Vinod Chachra (VTLS) and Paul
Sevcik (3M), this working group will produce a revision of the NISO Recommended Practice, RFID in U.S. Libraries (NISO RP 6-2008). The related ISO standard on RFID in libraries is in the final stages of development, with publication expected in late 2010. The NISO RP revision will ensure that the recommendations are up-to-date and provide U.S. implementers of
RFID tags in libraries with sufficient guidance to conform to the ISO work.

Standardized Markup for Journal Articles Working Group ‑ Co-chaired by
Jeff Beck (National Library of Medicine) and B. Tommie Usdin (Mulberry Technologies), this working group will take the currently existing National Library of Medicine (NLM) Journal Archiving and Interchange Tag Suite version 3.0, the three journal article schemas, and the
documentation and shepherd it through the NISO standardization process.

NISO/NFAIS Supplemental Journal Article Materials – Following a NISO/NFAIS roundtable meeting on the topic, a two working groups – one to focus on business issues, the other on technical issues -- were launched to together develop a Recommended Practice for publisher inclusion, handling, display, and preservation of supplemental journal
article materials. The business working group will be co-chaired by Linda Beebe (American Psychological Association) and Marie McVeigh (Thomson Reuters). The technical working group will be co-chaired by Dave Martinsen (American Chemical Society) and Alexander (Sasha) Schwarzman (American Geophysical Union).

NISO/UKSG Knowledge Bases and Related Tools (KBART) Phase 2 ‑ Co-chaired by Sarah Pearson (University of Birmingham) and Andreas Biedenbach (Springer Science+Business Media), this working group takes up the outstanding items that were identified in the January 2010 recommended practice, KBART: Knowledge Bases and Related Tools (NISO RP-9-2010). The group will develop a second recommended practice focusing on the more advanced, complex issues that cause problems in utilizing OpenURL knowledge bases. The group will also deliver a centralized information portal to support educational activities.

All of the new projects will be discussed at various programs during the American Library Association 2010 Annual Conference in Washington, D.C.from June 25-27. Visit the NISO @ ALA webpage ( for a complete list of these programs. More information about all of the active NISO working groups can be found on the workrooms webpage (
). Public interest group e-mail lists are available for most NISO working
groups; visit to sign-up or review the list archives.

For More Information, Contact:

Victoria Kinnear
Business Development and Operations Manager, NISO
Phone: 301-654-2512
Email :

Karen A. Wetzel
Standards Program Manager, NISO
Phone: 301-654-2512

June 8, 2010

Cataloging and Acquisitions: Library of Congress Offers Examples for Resource Description and Access (RDA) - Compared to AACR2

According to George Prager, Head of Cataloging at the NYU Law Library, the examples offered by the Library of Congress illustrate differences between Anglo American Cataloging Rules Second Edition (AACR2 )and Resource Description and Access (RDA). Some examples have only a few fields; others are more complete. Some are made-up examples. Some examples illustrate more than one category but only appear in one category. RDA citations and other comments accompany some examples.

To see the various categories of examples offered, with commentary, go to:

May 18, 2010

Nylink To Close Its Operations In A Year

Many of us just learned the sad news that Nylink, which has served New York State Libraries for 37 years, is phasing out its operations and will be closing in one year. We understand that Nylink will be closing its operations primarily due to a steep decline in its revenue stream which has seriously degrated Nylink's ability to remain fully self supporting and continue delivering an acceptable level of service to its members beyond this period. Throughout the years many of us have come to rely on Nylink for its sustained high level of dedicated, personalized service. Nylink will be missed. We wish the employees a good 12 months and every success in the future

David Badertscher

For additional details see:

Letter to Nylink members from Executive Director W. David Penniman May 17, 2010

May 17, 2010 Press Release Announcing Nylink Closure in One Year.

FAQ Regarding Nylink Phasing Out Operations

May 12, 2010

Harvard Law School Library Joins the Chesapeake Project Legal Information Archive

Sarah J. Rhodes, Digital Collections Librarian at the Georgetown University Law Center writes: "The Chesapeake Project Legal Information Archive, now in its third year, is pleased to welcome a new law library partner. See the announcement below."


Cambridge, Mass. (May 9, 2010)--As the first annual National Preservation Week begins, the Chesapeake Project Legal Information Archive is pleased to announce that its digital preservation efforts are expanding with the addition of a new partner library, the Harvard Law
School Library.

By joining the project, the Harvard Law School Library is taking part in
the first collaborative digital preservation program of its kind in the law library community. Libraries participating in the project share costs, resources, and expertise to preserve important Web-published, born-digital legal materials within a shared digital archive.

"We are thrilled to become part of this project addressing the crucially important issue of preserving born-digital materials," said John Palfrey, Vice Dean of Library and Information Resources at Harvard Law School. "We feel fortunate to be participating in such a very relevant,
collaborative project, harnessing the economies of scale and benefitting from the training and expertise of our new partners who have already been working in this area."

The Harvard Law School Library is currently prioritizing content for preservation and will be developing its digital archive collections in the coming months.

The Chesapeake Project was launched by the Georgetown, Maryland State, and Virginia State Law Libraries in 2007 as a collaborative digital archive. Today, as the project expands with a new partner library, it is also working with the Legal Information Preservation Alliance (LIPA)
in the formation of the new Legal Information Archive, a collaborative digital preservation program for the law library community modeled after the Chesapeake Project.

For more information, visit the Chesapeake Project at or the LIPA Web site at Additional information about the first annual National Preservation Week is available at

May 6, 2010

OCLC Discontinuing Access to NetLibrary Database on May 30, 2010

NYLINK reports that on May 30, 2010 OCLC plans to discontinue access to the NetLibrary database on, WorldCat Local and WorldCat Local “quick start” on May 30. This database of NetLibrary metadata was released in July 2009 to facilitate discovery of NetLibrary eBooks and eAudiobooks through services. Discontinuation of the discrete NetLibrary database is a result of the March 2010 acquisition of NetLibrary by EBSCO Publishing. For more information, please see the NYLINK Status Line blog at

May 6, 2010

OCLC and Cassidy Cataloging Services, Inc.- Re: OCLC WorldCat Local

By Joni L. Cassidy
Cassidy Cataloging Services, Inc,

On March 17, 2010, my post about and OCLC included the following statement:

“OCLC and Cassidy Cataloguing Services, Inc. may finally reach a compromise. OCLC may grant permission to allow a WorldCat Local institution that has purchased Cassidy MARC record sets to view the records as part of its WorldCat Local subscription.”

Cassidy Cataloguing is very happy to report that we have signed an agreement with OCLC that enables us to display our records in WorldCat Local for Cassidy subscribers using that service as their OPAC. The records will only display to users of that institution’s WorldCat Local OPAC and will not be available to other libraries, or other commercial members, for copy cataloguing or to attach holding codes.

Cassidy Cataloguing will continue to upload P-CIP (cataloging-in-publication) MARC records into WorldCat on a monthly basis. Cassidy Cataloguing has also been offered the right to edit their records uploaded to WorldCat without having to relinquish the rights to them.

If you need additional information, please contact us at

April 13, 2010

Forthcoming Books About Cybercrime: To June 2010

Title: Principles of Cybercrime

Author: Clough, Jonathan Publisher: Cambridge University Press ISBN or UPC: 0-521-89925-7 (Active Record)
Format: Trade Cloth Date: May 2010 Price: $125.00 Market: United States
Availability: Available for Order
LC Class #: K5215 Dewey#: 345/.0268 ISBN 13: 978-0-521-89925-3

"We live in a digital age. The proliferation of digital technology, and the convergence of computing and communication devices, has transformed the way in which we socialise and do business. While overwhelmingly positive, there has also been a dark side to these developments. Proving the maxim that crime follows opportunity, virtually every advance has been accompanied by a corresponding niche to be exploited for criminal purposes; so-called 'cybercrimes'. Whether it be fraud, child pornography, stalking, criminal copyright infringement or attacks on computers themselves, criminals will find ways to exploit new technology. The challenge for all countries is to ensure their criminal laws keep pace. The challenge is a global one, and much can be learned from the experience of other jurisdictions. Focusing on Australia, Canada, the UK and the US, this book provides a comprehensive analysis of the legal principles that apply to the prosecution of cybercrimes."

Title: The Global Cybercrime Industry: Economic, Institutional and Strategic Perspectives

Author: Kshetri, Nir Publisher: Springer ISBN or UPC: 3-642-11521-7 (Active Record)
Format: Trade Cloth Date: May 2010 Price: $99.00 Market: United States
Availability: Available for Order
LC Class #: HV6773 Dewey#: 364.168 ISBN 13: 978-3-642-11521-9

" This book is about the global cybercrime industry, which according to some estimates, is a US$1 trillion industry and is growing rapidly. It examines economic and institutional processes in the cybercrime industry, provides insights into the entrepreneurial aspect of firms engaged in cyber-criminal activities, takes a close look at cybercrime business models, explains the global variation in the pattern of cybercrimes and seeks to understand threats and countermeasures taken by key actors in this industry. This book? distinguishing features include the newness, importance, controversiality and complexity of the topic; cross-disciplinary focus, orientation and scope; theory-based but practical and accessible to the wider audience; and illustration of various qualitative and quantitative aspects of the global cybercrime industry."

Title: Forensic Accounting and Fraud Examination

Author: Riley, Richard et al. Publisher: John Wiley & Sons, Incorporated ISBN or UPC: 0-470-43774-X (Active Record)
Format: Trade Cloth Date: Apr 2010 Price: $128.95 Market: United States
Availability: Available for Order
LC Class #: KF8968.15 Dewey#: 363.25/963 ISBN 13: 978-0-470-43774-2

"The demand for entry-level accountants to have a strong understanding of forensic accounting has dramatically increased. This new book arms them with the information they'll need. It presents comprehensive coverage of fraud detection and deterrence, incorporating the most current information in the field. It focuses on asset misappropriation, corruption, and false statements. In addition, discussions are included on fraud and forensic accounting in a digital environment as well as litigation advisory engagements that address damage claims, employment issues, valuations, and more. This approach arms accountants with the tools to successfully engage in forensic accounting."

From Books In Print Professional. Search run April 13, 2010

April 12, 2010

Important Changes to OCLC's Content Services

In March 2010 OCLC announced an important change to their FirstSearch content services. According to the announcement, OCLC is transitioning out of their role as reseller of vendor-owned content. Therefore they will transfer or discontinue sale of the vendor-owned databases on FirstSearch when subscriptions have ended. According to the announcement, they will instead increase their focus for both FirstSearch and on providing libraries with access to a rich set of library-owned content and increasing visibility and access to the full scope of a library’s collection. They will work with libraries, publishers and other information providers to expand as a comprehensive platform for eContent. As a part of this migration, EBSCO has acquired the rights to license a select number of vendor-owned databases that OCLC currently offers on FirstSearch. OCLC's long-term relationship with H.W. Wilson is also changing as OCLC will work together to transition from reselling Wilson databases on FirstSearch to indexing Wilson databases in WorldCat Local over the coming months. According to OCLC there will be no interruption in service to libraries.

FirstSearch FAQ’s:

EBSCO News Release:

H.W. Wilson News Release:

March 17, 2010


Posted by : Joni L. Cassidy, Cassidy Cataloguing Services, Inc. 3/17/10


OCLC WorldCat – the union database of bibliographic and authority records contributed by member libraries, the Library of Congress, the National Library of Medicine, the National Agriculture Library, the U.S. Government Printing Office and several other national libraries from around the globe. Records are accessible to all OCLC members. – the version of OCLC WorldCat that is mounted on the Internet and searchable for free.

WorldCat Local – OCLC’s service to replace the online public access catalog (OPAC). It is a direct competitor to the OPAC module of all the high-end integrated library systems, such as Innovative Interfaces’ Millenium, SIRSIDynix Symphony, and Ex Libris’ Aleph and Voyager.



On December 12, 2007, Steven Essig posted to the Criminal Law Library Blog about Cassidy Cataloguing’s MARC21 record sets. He noted:

“UCLA has contracted to receive Lexis and Westlaw [MARC record sets] but hasn't taken possession of them because to move them to their new union catalog requires that all UC holdings be a part of OCLC. At this time, Cassidy [Cataloguing Services] has asked subscribers not to upload the Westlaw or Lexis MARC records to OCLC.”

The reason why was simple: Cassidy’s contractual agreement with its subscribers had to prohibit uploading of records to OCLC because of the transfer of intellectual property rights to OCLC as records enter WorldCat. To illustrate how it works, here is an excerpt from an OCLC agreement for the delivery of MARC records to WorldCat:

OCLC Agreement for the Delivery of Bibliographic Records, Section 2.3 –
“Vendor hereby grants to OCLC, OCLC participants and non-participant users, and OCLC designees, a perpetual, irrevocable, non-exclusive, royalty-free, transferable right to copy, display, publish, prepare derivative works from, distribute and use (including, without limitation, use in forming new compilations of information and loading into WorldCat) Total Records, and any other bibliographic records, holdings and other information supplied to OCLC, during the term of this Agreement with Vendor..."

More than two years later, OCLC and Cassidy Cataloguing Services, Inc. may finally reach a compromise. OCLC may grant permission to allow a WorldCat Local institution that has purchased Cassidy MARC record sets to view the records as part of its WorldCat Local subscription. Another catalog record provider negotiated a deal whereby no other libraries are permitted to view the records, use them for cataloging, or attach holdings to them. Cassidy Cataloguing is trying to negotiate that deal. But, OCLC’s right to load and display these records in WorldCat is still a sticking point.


When OCLC issued the proposed “Policy on the Use and Transfer of WorldCat
Records” on November 4, 2008, they unleashed a perfect storm in their newly dubbed “Information ecosystem.”

In hopes of calming the storm, NYLINK (New York State regional OCLC service center) hosted “Policy for use and transfer of WorldCat records – A moderated discussion” at New York Public Library’s research branch on January 16, 2009. Karen Calhoun, VP for OCLC, was the featured speaker. Her prepared presentation and handouts emphasized that the focus of the new “Policy…” was to expand the rights and flexibility of non-commercial OCLC members while, at the same time, making every effort to curtail any commercial use of WorldCat records.

During Q&A, Ms. Calhoun explained that OCLC was victimized by a commercial cataloging company “somewhere in the world” that downloaded a large portion of the WorldCat database and then used it to support their business. She cited that incident as the reason for OCLC’s aggressive position against commercial use in the new “Policy…” Additional questions regarding legal action against the rogue company, instead of the writing of the new “Policy…,” did not lead to any satisfactory conclusion for the audience.

The final issue to be addressed at NYLINK’s moderated discussion was the creation by OCLC of It is the free, searchable version of the WorldCat database mounted on the Internet. As the spokesperson for OCLC, Ms. Calhoun insisted that overwhelming support from member libraries drove the decision to create this free-to-the-whole-world version of member records. But, several special collection librarians spoke out against having their collections revealed to the public without their explicit permission (i.e. no contract, no release form, no signature on any agreement releasing protected information).

All this negative feedback – the perfect storm in the “Information Ecosystem” – led to the creation of an OCLC Record Use Policy Council. Their recommendations included abandoning the “Policy for use and transfer of WorldCat records” and returning to the 1987 “Guidelines for the use and transfer of OCLC-derived records” while a new policy is being drafted.


How did we get here? Without much fanfare, OCLC strategically absorbed all the other bibliographic utilities in the western world. For the last several years, an institution wanting to be part of a bibliographic utility could join OCLC, or not.

That changed in October 2009, when a new company called SkyRiver launched a bibliographic utility to compete with OCLC. It is accessible at and is the creation of Jerry Kline, the owner and co-founder of Innovative Interfaces, also known as “Innovative” for short.

SkyRiver aims to:
1. Save institutions up to 40% off their costs for bibliographic utility services.
2. Maintain a database built entirely of high-quality MARC records, similar to RLIN.
3. Maintain a database free of duplicate records.
4. Be a focused resource for cataloging, not a “bibliographic superstore.”

SkyRiver is currently populated with bibliographic records from the Library of Congress and the British Library, and it does not intend to lay claim to any of the MARC records added to its database. Institutions contributing records will be free to use them any way they want. [FULL ARTICLE]

In theory, a library that joins SkyRiver for cataloging could continue to be an OCLC member for other services such as interlibrary loan (ILL). The first institution to test this arrangement was Michigan State University (MSU). As a new cataloging member of SkyRiver, MSU expected to drop their cataloging membership with OCLC but pay a fee to upload their holdings periodically for the purpose of ILL. A fee of $0.23 per record appears in OCLC’s current price list. Based on that, MSU expected their annual cost to be in the neighborhood of $6,000.00. Instead, a post on Karen Coyle’s InFormation blog reports that OCLC offered MSU a price of $2.85 per record, or $74,000.00 for an expected 26,000 record upload.

The following article includes the full explanation from OCLC of the charges invoiced to MSU.

MSU was not the only institution misled by the $0.23 per record quote. On her blog Karen Coyle quotes from a letter written by Roman Kochan, Dean and Director of Library Services at the California State University, Long Beach. Plans to accommodate their budget cuts included a switch from OCLC to Skyriver for cataloging, based on the $0.23 per record charge for batch upload posted on the OCLC website.

In the Library Journal article, “OCLC and Michigan State at impasse over SkyRiver cataloging, resource sharing costs,” 2/26/10, SkyRiver President Leslie Straus said, “We certainly expected some sort of nominal and reasonable fee. If we can’t assure potential customers there’s a nominal and published price, it’s problematic.”


Imagine for a moment the opportunity to contribute your institution’s bibliographic records to a spanking clean utility committed to high quality and little to no duplication. SkyRiver could offer that to the law library community, and the chance to be the foundation for a NEW interlibrary loan network based on our own subject specialty: Law. This approach would completely eliminate the need to upload holdings back into OCLC, thereby sidestepping their fee. Coincidentally, Innovative Interfaces already has an ILL service, Link+.
Just imagine the opportunity…

Any views or opinions presented in this posting are solely those of the author, except where specifically attributed to another source.


January 29, 2010

Rhodes on Preserving Born-Digital Legal Materials

Robert C. Richard, Editor in Chief of Vox PopoLII reports thatSarah Rhodes has just published a terrific new overview of digital legal preservation, entitled "Preserving Born-Digital Legal Materials…Where to Start?" on Cornell's VoxPopuLII blog. The post addresses core concerns, as well as emerging issues, and provides a thorough and accessible view of the field. He thinks it will prove a very rewarding resource for novices and experienced preservation professionals alike.

December 9, 2009

Journal: Criminology

The Journal:

Criminology is a journal, published quarterly, devoted to crime and deviant behavior. Disciplines covered include sociology, psychology, design, systems analysis, and decision theory. Major emphasis is placed on empirical research and scientific methodology. The journal's content also includes articles which review the literature or deal with theoretical issues stated in the literature as well as suggestions for the types of investigation which might be carried out in the future. It is published by John Wiley & Sons, Inc. on behalf of the American Society of Criminology.

Contents of Current Issue:

Online ISSN: 1745-9125 Print ISSN: 0011-1384
Volume47, Issue4,2009.

© 2009 American Society of Criminology



iii-v Reviewers list

Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00167.x


Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00168.x

Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00169.x

Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00170.x

Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00171.x

Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00172.x

Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00173.x

Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00174.x

Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00175.x

Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00176.x

Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00177.x

December 4, 2009

From Recent Publication Announcements of the ABA

Another Bite at the Apple: A Guide to Section 2255 Motions for Federal Prisoners

By Janice L. Bergmann

Today, the writ of habeas corpus is a federal remedy primarily used by state prisoners to challenge their conviction or sentence. Habeas corpus was also the primary post conviction remedy for federal prisoners until 1948, when Congress adopted Section 2255. Congress intended Section 2255 to supersede habeas corpus as the means by which federal prisoners could challenge the lawfulness of their incarceration, but nonetheless Aafford federal prisoners a remedy identical in scope to federal habeas corpus.

Another Bite at the Apple: A Guide to Section 2255 Motions for Federal Prisoners is the first book of its kind to focus on the special procedures and concerns that arise when a prisoner moves to Avacate, set aside, or correct a federal conviction or sentence under Section 2255.

This book is especially important now as Section 2255 proceedings have become significantly more complex with the enactment of the Antiterrorism and Effective Death Penalty Act, and federal courts continue to struggle with the interpretation of the AEDPA=s provisions. This book examines the various legal and practical questions that may be encountered in section 2255 proceedings, including those posed by the AEDPA. This book is an essential resource for anyone wanting an introductory education about section 2255, or experienced practitioner looking for an in-depth analysis. This important book is the perfect handbook for the in the litigation of noncapital section 2255 proceedings.

This book examines:

-An Overview of Section 2255 Proceedings, including the relationship of Section 2255 to other federal postconviction remedies

-Timing Considerations, including the statute of limitations

-Section 2255 Jurisdiction, including custody and mootness, and cognizable claims

-Obstacles to Relief, including retroactive application of Teague v. Lane and Fourth Amendment claims

-Proceedings Before the District Court, including motion, summary proceedings, relief and postjudgement motions

-The Appeal and Subsequent Motions, including perfecting the appeal and second or successive motions

-Finally, an appendix contains the full text of section 2255 and the rules governing 2255 proceedings.

Product Details: 5090118
Regular Price: $99.95
CJ Section Member Price: $84.95 ©2008
6 x 9 - Paperback
327 pages

Human Rights and the Alien Tort Statute Law, History and Analysis

by Peter Henner

This unique book addresses the legal interpretations and practical implications of the Alien Tort Statute (ATS), which has become the primary vehicle for international human rights litigation in United States courts in the last thirty years. It places the Alien Tort Statute in perspective, from its original enactment as a jurisdictional statute in 1789, through its evolution into a vehicle for human rights litigation. It includes in-depth analysis of legal decisions and describes the theoretical issues, practical considerations, and anticipated prospective development of the statute. It also examines the relationship between the Alien Tort Statute and two issues which have received particular attention during the Bush administration: the use of torture by United States officials and the practice of extraordinary rendition.

"Whether you are a trial lawyer representing plaintiffs or defendants in the expanding field of ATS litigation or a federal judge faced with deciding the complex jurisdictional and immunity questions which such litigation presents, you will want a copy of Peter Henner's Human Rights and the Alien Tort Statute. In this readable, lucid and logically organized text, Peter Henner has covered it all from the history of the Alien Tort Statute's enactment in 1789 to recent efforts to bring cases against the United States."

Hon. Stewart F. Hancock, Jr.
Retired Associate Judge, New York State Court of Appeals

Product Details:
Regular Price: $109.95
Section Member Price: $87.95

6 x 9 - Paper
492 pages
Product Code:

Continue reading "From Recent Publication Announcements of the ABA" »

December 4, 2009

Selected Recent and Forthcoming Books: Criminal Procedure

Projected publication dates from July 2009 to September 2010*

Sorted in ascending order by projected publication date:

Title: Criminal Law and Procedure for the Paralegal
Author: Gary W. Carter
Publication Date: July 2009
Publisher: Wolters Kluwer Law & Business

Market: United States
ISBN: 0-7355-7012-4
ISBN 13: 978-0-7355-7012-2
Binding Format: Trade Paper
Price: $95.95(USD) Retail (Publisher)

Title: International Children's Rights
Author: Sara Dillon
Publication Date: November 2009
Publisher: Carolina Academic Press

Market: United States
ISBN: 1-59460-115-1
ISBN 13: 978-1-59460-115-6
Binding Format: Trade Cloth
Price: $100.00(USD) Retail (Publisher)

Title: The Criminal Cases Review Commission: Hope for the Innocent?
Contributor: Michael Naughton (Editor)
Publication Date: December 2009
Publisher: Palgrave Macmillan

Market: United States
ISBN: 0-230-21938-1
ISBN 13: 978-0-230-21938-0
Binding Format: Trade Cloth
Price: $90.00(USD) Retail (Macmillan)

Title: Real Law Stories: Inside the American Judicial Process
Author: Richard A. Brisbin
John C. Kilwein
Publication Date: December 2009
Publisher: Oxford University Press, Incorporated

Market: United States
ISBN: 0-19-973359-7
ISBN 13: 978-0-19-973359-0
Binding Format: Trade Paper
Price: $22.95(USD) Retail (Publisher)

Continue reading "Selected Recent and Forthcoming Books: Criminal Procedure" »

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

"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 Visit the Working Group website at Additional questions may be directed to Karen A. Wetzel, NISO's Standards Program Manager at

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:

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

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.

November 12, 2009

American Libraries Direct

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


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.

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: 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: Questions ‐ Libraries.pdf 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" »

October 14, 2009

Sergey Brin Op-Ed Article: A Library to Last Forever

On October 9, 2009 an Op-Ed article, A LIBRARY TO LAST FOREVER, by Sergey Brin, Co-Founder and President, Technology of Google Inc. was published in the New York which he discusses Google's rationale for their book project. For the informaation I am including in this post the two final paragraphs of his article, a link to the article itself, and some randomly selected comments in response to his article. Accoring to Mr. Brin: "Google’s books project is a win-win for authors, publishers and Google, but the real winners are readers, who will have access to an expanded world of books" Others are not so sure.


"In the Insurance Year Book 1880-1881, which I found on Google Books, Cornelius Walford chronicles the destruction of dozens of libraries and millions of books, in the hope that such a record will “impress the necessity of something being done” to preserve them. The famous library at Alexandria burned three times, in 48 B.C., A.D. 273 and A.D. 640, as did the Library of Congress, where a fire in 1851 destroyed two-thirds of the collection.

I hope such destruction never happens again, but history would suggest otherwise. More important, even if our cultural heritage stays intact in the world’s foremost libraries, it is effectively lost if no one can access it easily. Many companies, libraries and organizations will play a role in saving and making available the works of the 20th century. Together, authors, publishers and Google are taking just one step toward this goal, but it’s an important step. Let’s not miss this opportunity."



"...If this is such a 'great opportunity' that "cannot be missed" as Mr. Brin says, then let's have the Library of Congress oversee and manage and hold rights to the orphaned content, returning all income to that public trust. And let's find out how devoted Google is to this public project by asking it to donate the content it has already digitally 'appropriated.' "

"The ridiculously self-serving comments about libraries need to be dispelled: libraries are not "disappearing day by day", and you don't have to fly anywhere searching blindly for out-of-print books: you can either look for them yourself on the internet on Worldcat, the public version of the world's largest library database, or you can ask your local librarian to find your titles and have them brought to you through their interlibrary loan system. None of this is news to anyone, and someone who intends to become the world's monopoly provider of out-of-print digital books already knows that his statements here are deliberately exaggerated and misleading.

Being an avid Google user, I for one find the google books an extremely useful addition to it's many other functions. I also fail to see what the problem is. Google is doing something that will benefit everyone. "

"As an author I have used Google books extensively, even finding things about rural Ohio in the Harvard Library collection. ...However, the only sure way something can be read is to keep it in text form on a piece of paper. Many digital applications have come and gone - or even a format such as tape recording. Digital is convenient, but much important scientific data has been lost because it could not be read from the recording format."

Libraries still do exist to effectively organize and provide access to information in a variety of forms. Google might want to investigate beyond its own campus before presuming to offer a solution to a problem that is arguably self-serving in the guise of altruism."

"...If what Google has done is such a great idea, and so nobly motivated, then surely Segey Brin won't object if Google's code and data are used and redistributed, at profit, by others, without consultation or prior arrangement. ".

"... There remain clear goals for librarians to collect, describe and provide access and these goals will continue whether the librarian works for a public library, private library or digital library."

October 7, 2009

History of the New York County Supreme Court Libraries

Histories of libraries are important because they help to both validate the existence of libraries and authenticate their records of service over time. This is why we are so grateful to our colleague Julie Gick for writing and granting us permission to post her meticulously researched article, HISTORY OF THE NEW YORK COUNTY SUPREME COURT LIBRARIES, on this blog. It includes information about both the Civil Term and the Criminal Term libraries of the New York County Supreme Court and certainly meets the criteria mentioned above regarding the importance of library histories. We encourage you to read this very informative and entertaining article

David Badertscher.

Note: This article has been updated to include additional information provided by the author on October 27, 2008

History of the New York County Supreme Court Libraries

BY Julie Gick*

The New York County Supreme Court Law Library’s enabling statute was Chapter 722, Laws of 1865, effective May 12, 1865, although Griswold gives a starting date of 1852. (1)
The library was first known as the New York Law Library, and justices of the Supreme Court of the First Judicial District were its trustees.

The statute required trustees of the State Library to place in the new library any duplicate books in their possession which they deemed proper and the Clerk of the Court of Appeals was required to send one copy of the printed cases and points in all Court of Appeal cases. Any person who willfully injured any of the books, furniture or property of the new library was guilty of a misdemeanor. The sum of $5000 was appropriated for the use of the library. In 1879 the librarian’s salary was $1,500. The New York Times expressed concern about the court’s expenditures. (2)



The law library was first located at 32 Chambers Street. This building is variously known as the Court of General Sessions, Marine Court and City Court. (3) The architect may have been John McComb,Jr. who designed the new City Hall and other buildings in the area.


Architects John Kellum and Leipold Eidlitz designed the Tweed Courthouse, 52 Chambers Street at an estimated cost of $11-12 million. Also known as the Old New York County Courthouse, the library relocated to this new facility when it was completed in 1881. Over the years the library served as a lounge room, reference room, and sometimes as a courtroom. Although a handsome edifice the courthouse suffered from inadequate space and unsanitary conditions. The deaths of several justices and many clerks and court officers had been attributed to a malodorous and pestilential atmosphere pervading certain courtrooms. (4)


After the appellate branch was created effective January 1, 1896, the books and the Supreme Court librarian were assigned to the new court’s temporary quarters on the third floor at 111 Fifth Avenue corner of 18th Street. The Supreme Court Library was replaced by books from other courts, and an assistant librarian was hired to maintain its collection. In 1900 the Appellate Division 1st Department moved to its present quarters at 27 Madison Avenue. James B. Lord was the architect. He completed the building under budget for approximately $630,000. He died of a lingering illness said to be directly caused by a court proceeding. (5)


In 1907 the Emigrant Industrial Savings Bank, located at 49 Chambers Street, purchased the adjoining property at 43 - 47 Chambers Street. An architect named Raymond F. Almirall was hired to design a new building for the entire expanded lot. This was completed in 1912. At seventeen stories it was one of the tallest of the early skyscrapers in the downtown area. On March 15, 1912 the justices of the Supreme Court decided to move their offices and the library to this building. The library was located on the 12th floor. It was 25 x 100 feet and contained 5110 feet of shelving. (6)


The present day New York County Courthouse, 60 Centre Street, was completed in 1927 at an estimated cost of $30,000,000. It was modified into a hexagonal structure from the original plan. The architect was Guy Lowell who in 1913 won a competition for his striking circular design. A week before the scheduled opening, Mr. Lowell died suddenly in Madeira, Spain. This is the home of the Supreme Court Civil Term Law Library. (7)


The New York County Supreme Court Criminal Term Law Library is located in the Criminal Courts Building. This edifice was completed in 1938 at a cost of $14 million, and was designed by architects Wiley Corbett and Charles B. Meyers. Until the merger in 1962 the Law Library served as the library for the Court of General Sessions which had its own impressive history. The first Presiding Judge (then called a Recorder) was James Graham who served from 1683 to 1688. At the time it was discontinued and made part of the Supreme Court in 1962, the Court of General Sessions was known as the oldest continuously functioning criminal court in the United States. (8)


Prior to the creation of the 12th Judicial District Bronx Supreme Court Library was a part of the New York Supreme Court 1st JD. The courthouse was built in 1933 at a cost of $8 million and designed by Max Hausel and Joseph H. Freedlander. It is also known as the Mario Merola Building. (9)


The New York County Courts Public Access Law Library opened February 14, 1995 and provides legal materials and information to the public. It is located at 80 Centre Street. The building, completed 1928-1930 at a cost $6 million was designed by William E. Haugaard, the state architect, under a height restriction so that it would not overshadow the nearby courthouses. (10)

Continue reading "History of the New York County Supreme Court Libraries" »