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
Criminology
Volume47, Issue4,2009.

© 2009 American Society of Criminology

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

REVIEWERS LIST

iii-v Reviewers list

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


ARTICLES IN DECEMBER 2009 ISSUE

1009-1043 THE SHORT-TERM EFFECTS OF EXECUTIONS ON HOMICIDES: DETERRENCE, DISPLACEMENT, OR BOTH?*
KENNETH C. LAND, RAYMOND H. C. TESKE JR., HUI ZHENG
Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00168.x


1045-1090 PUNISHING THE "MODEL MINORITY": ASIAN-AMERICAN CRIMINAL SENTENCING OUTCOMES IN FEDERAL DISTRICT COURTS*
BRIAN D. JOHNSON, SARA BETSINGER
Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00169.x


1091-1129 "MIGHT NOT BE A TOMORROW": A MULTIMETHODS APPROACH TO ANTICIPATED EARLY DEATH AND YOUTH CRIME*
TIMOTHY BREZINA, ERDAL TEKIN, VOLKAN TOPALLI
Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00170.x


1131-1166 SUPERMAX INCARCERATION AND RECIDIVISM*
DANIEL P. MEARS, WILLIAM D. BALES
Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00171.x


1167-1200 GIRLS, BOYS, AND SCHOOLS: GENDER DIFFERENCES IN THE RELATIONSHIPS BETWEEN SCHOOL-RELATED FACTORS AND STUDENT DEVIANCE*
ALLISON ANN PAYNE
Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00172.x


1201-1222 CRIMINAL BEWARE: A SOCIAL NORMS PERSPECTIVE ON POSTING PUBLIC WARNING SIGNS*
P. WESLEY SCHULTZ, JENNIFER J. TABANICO
Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00173.x


1223-1264 LAND USE AND VIOLENT CRIME*
THOMAS D. STUCKY, JOHN R. OTTENSMANN
Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00174.x


1265-1293 PUBLIC COOPERATION WITH THE POLICE IN GHANA: DOES PROCEDURAL FAIRNESS MATTER?*
JUSTICE TANKEBE
Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00175.x


1295-1329 CO-OFFENDING AND THE DEVELOPMENT OF THE DELINQUENT CAREER*
PETER J. CARRINGTON
Published Online: 8 Dec 2009
DOI 10.1111/j.1745-9125.2009.00176.x


1331-1368 ASSESSING THE EXTENT OF CRIME DISPLACEMENT AND DIFFUSION OF BENEFITS: A REVIEW OF SITUATIONAL CRIME PREVENTION EVALUATIONS*
ROB T. GUERETTE, KATE J. BOWERS
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

©2009
6 x 9 - Paper
492 pages
Product Code:
1620419
_________________________




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
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.

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.

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" »

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 Times.in 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.

FINAL TWO PARAGRAPHS:

"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."

THE ARTICLE:

SOME COMMENTS FROM READERS:

"...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*

Beginnings
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)

Buildings

32chambers1.JPG

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.

52chambers.jpg

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)

ad1.jpg

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)

43chambers.jpg

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)

60centre_1.jpg

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)

100centre.jpg

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)

bronx.jpg

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)

pubacc.jpg

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" »

September 14, 2009

AACR Move Over! Here Comes RDA!

Here is the companion article to "In Appreciation of Library Catalogers and Cataloging Standards" posted by me 7/23/09. At the end of that article I wrote that I had asked Joni Cassidy to consider writing an article for this blog that woud explore RDA in greater depth. Joni agreed, I am proud to present to you the article below prepared by Joni and two senior members of her staff at Cassidy Cataloging Services.

David Badertscher

AACR Move Over! Here Comes RDA!

By Joni L. Cassidy, Paula J. Perry, Donna Rosinski Kauz,
Cassidy Cataloguing Services, Inc.

First, our heartfelt thanks to David for defending the utility of catalogs and the work of catalogers. It is good to hear from an Administrator who understands and appreciates the value of controlled vocabularies and targeted access points, and doesn’t believe the myth that "keyword searching on the Internet" will solve all information needs.


Executive Summary –

RDA stands for “Resource Description and Access.”
It will replace the AACR2, “Anglo-American Cataloguing Rules, 2nd ed.”, as The Cataloger’s Bible.
The draft version is available for review now, but adoption dates are uncertain.

The emphasis of this new cataloguing code is to help users find the information they seek, to somewhat simplify the descriptive cataloguing process, and to support the conceptual model known as FRBR, “Functional Requirements for Bibliographic Data.”

Unlike AACR2 which focuses first on the format of the item-in-hand to be cataloged, FRBR focuses first on the elements describing the work and its creator, followed by the format, then the description, and, finally, the item details such as copy number or barcodes. For the cataloger, it will be somewhat of a reversal of the intellectual process of creating a catalog record.

Perhaps the most important question is: “Will law libraries continue to require the services of Technical Services Librarians?” The answer is a resounding “Yes!” Whether we are called “Catalogers” or “Metadata Specialists” or “Technical Services Professionals”, our skill-set will be essential to the successful information-gathering of the end-user. Plans are well underway to re-educate the practitioners.

If you work in the Technical Services sector, you’ve probably been reading about the RDA, or Resource Description and Access, for quite some time. But, if you work in Administration or Public Services, you may be reading about it here for the first time. So, we will begin at the beginning: the RDA is, in essence, the AACR3 or Anglo-American Cataloguing Rules, 3rd edition. It is meant to be the "cataloguing standard for the 21st century". It is a new code that is written to put a stronger emphasis on helping users "find, identify, select and obtain" the information they are looking for, chiefly through the use of clustering of bibliographic records.

Clustering is based on a new conceptual model developed by the International Federation of Library Associations and Institutions (IFLA) nicknamed FRBR. That stands for "Functional Requirements for Bibliographic Data" and it is pronounced FER-BER. A FRBR record shows the relationship between a work and its creator, as well as relationships with any translations, interpretations, adaptations, or physical formats of that same work. The four sections of the FRBR record are referred to as: "work", "expression", "manifestation" and "item".

For example, in a FRBR-ized catalog, a search for Inherit the Wind, for example, might yield several clusters: book editions, film, stage plays, etc. and each cluster might have sub-clusters: book translations, or DVD and VHS editions. Although RDA focuses on the information describing a resource, and NOT how to display the information, the two are, of course, intertwined.

RDA emphasizes "taking what you see” on the resource, and making a number of cataloging choices based on the form found in the first resource received (cataloged). Catalogers will have the flexibility to create a devised title for a compilation that lacks a collective title.

RDA lifts the limitations set by AACR2 in many areas. Here is a partial list:
1) Transcribing the entire statement of responsibility, no matter how many persons or bodies it contains.
2) Including “other title” information.
3) The number of added entries for collections of works by different persons or bodies.
4) Added entries for all parties on each side of a Treaty.

There are a number of changes in RDA regarding “Headings for Persons,” or how to cite a person’s name. A few notables: Terms indicating relationship, such as “Jr.”, are treated as part of the name, if there are variant spellings of a person’s name, choose the form found in the first resource received (cataloged), for compound surnames, refer to IFLA’s “Names of persons…”

Abbreviations will be replaced by fully spelled out words and phrases:
v. (loose-leaf) becomes volumes (loose-leaf)
p. becomes pages
ill. becomes illustrations
cent. becomes century
ca. becomes approximately

Latin abbreviations will be abandoned in favor of natural-language phrases:
s.l. becomes place of publication not identified
s.n. becomes publisher not identified

This means that each cataloging community will have to re-create records in their own language since standardization (sometimes in the form of Latin) will no longer apply.

“Some things will never change.” Up until now, that could be said of the standard ISBD punctuation originally designed to identify each data element on a catalog card and carried forward in time by the MARC formats. The RDA proposes to make ISBD punctuation optional, but has included information on presenting RDA-data in an ISBD display in Appendix D.

Moving away from the ISBD standard in electronic records allows libraries to have more flexibility in the record exchange formats that can be accepted by their library software systems. The MARC format could be reconfigured to work without the ISBD punctuation. Other record exchange formats, such as Dublin Core and ONIX, can already accept information that does not include the use of ISBD punctuation. Removing the expectation of a display that looks similar to a catalog card would allow software designers more latitude in the presentation of information.

It's not yet clear how (or how soon) the OPAC and ILS vendors will begin incorporating RDA and FRBR elements into their software and displays. Furthermore, it's also not clear how soon the Library of Congress and OCLC will adopt the new standards. We do know that 26 testing partners have been selected to participate formally in the Library of Congress’ planned test of the content and functionality of RDA. The final report from this group is expected 9-12 months from now.

We’ve begun to see baby-steps of forward motion. There is a new Specific Material Designation of “online resource” to be used in the MARC 300 field. This is already in use in the recently approved “Provider-Neutral Record Guidelines.”

The development and use of RDA and FRBR hold promise for a more facile information discovery process, but system developers and software designers will need to implement the new standards and will need to design products that take full advantage of the information that will be available in records following the RDA standard and FRBR concepts.

There have been discussions on Autocat, the worldwide cataloger’s listserv, recently about results being retrieved using www.worldcat.org, OCLC’s free Internet version of its own bibliographical database, that show holdings for titles that libraries do not actually possess, and the problem seems to be related to a FRBR grouping of different editions and different carriers of information. The libraries might hold the item as a microform, but they are listed as holding the item as a book. Understandably, this leads to problems with ILL requests, among other issues.


POSTING NO. 1
From: An Academic Librarian
Sent: Monday, August 31, 2009 9:55 AM
To: OCLC-CAT@OCLC.ORG [The OCLC Cataloger’s Listserv]
Subject: Discrepancies between actual holdings and displays

I’m just curious because this problem has come up twice within the last week. The first situation was someone finding a book in worldcat.org that said we had a copy, but there was nothing in our ILS. When I went into OCLC Connexion Client and searched by the OCLC number, there were no holdings attached to the record. I couldn’t find any other record for the book to which holdings were attached, either.

The second situation is similar, but the holdings were showing in the OCLC Resource Sharing product. I again searched through OCLC Connexion Client and didn’t find any instance of us having holdings attached. I also double checked this title in worldcat.org to see if there was a link between the two situations, but couldn’t find any records with our holdings attached.

POSTING NO. 2
From: A Rare Book Librarian
To: OCLC-CAT@OCLC.ORG
Sent: Monday, August 31, 2009 1:18 PM
Subject: Re: Discrepancies between actual holdings and displays

What you are experiencing is the “FRBRized” display in “OCLC WorldCat” which groups all editions and formats under one record as “holdings”. To “deFRBRize” you need to click on the very tiny link “Show libraries holding *just this edition*”. As a rare book library we find this feature incredibly frustrating and misleading. One of the rare book curators and I spent two hours trying to track down a rare Italian translation of a classical work that he thought we were matched to, though we had no copy in our OPAC. Turns out that our *microform* copy of the original LATIN text from a different year was what was showing up on the “OCLC WorldCat” display.

POSTING NO. 3
From: The Same Academic Librarian
To: OCLC-CAT@OCLC.ORG
Sent: Monday, August 31, 2009 2:48 PM
Subject: Re: Discrepancies between actual holdings and displays

Thank you to everyone who responded. It appears that the FRBR “feature” in Worldcat is the culprit, and I’ve informed our instruction librarian. I can’t imagine how challenging a situation this will be for us as more and more students start their research on Google and are directed to Worldcat.org (OCLC’s free Internet version). It seems to me like it should work the other way around: users click on a specific manifestation that they want and then have the option to search for all other manifestations. The way it works now is just misleading and frustrating for users who are actually sure exactly which manifestation they want.

*************************************************************************************************************

Click here to see an example of an FRBR record taken from http://www.loc.gov/marc/marc-functional-analysis/frbr-mid.html, which is a Library of Congress site. FRBR will allow library OPAC displays to show the relationships among works and expressions with multiple manifestations, e.g.,

OCLC needs to refine their information-parsing in order to improve the searching results, which demonstrates the need for software developers to work proactively toward utilizing the promise of RDA and FRBR in terms of information retrieval. Libraries that are still using a card catalog will find the new standards not integrating easily with their current model, and may need to continue using AACR2 and ISBD punctuation as it currently exists, which may create a barrier to sharing resources and using cataloging copy records.

Meanwhile, plans are in motion for the national libraries in the United States, Canada, Great Britain and Australia to take the lead in re-tooling catalogers and metadata specialists. Other training initiatives will come from the Program for Cooperative Cataloging Training Committee, the RDA Outreach Group, and the American Library Association’s RDA Implementation Task Force.

Bibliographic references:

Quotations in this article are from the brochure "RDA, Resource Description and Access: the cataloging standard for the 21st century" http://www.rda-jsc.org/docs/rdabrochure-eng.pdf and the Joint Steering Committee for the Development of RDA website http://www.rda-jsc.org/rda.html and the Joint Steering Committee FAQ website http://www.rda-jsc.org/rdafaq.html#4-5.

July 23, 2009

In Appreciation of Library Catalogers and Cataloging Standards

David Badertscher*

For almost forty years I have been in charge of law libraries. During that time I have acquired great appreciation and respect for the value and work of library catalogers. This posting is a small token of that respect and gratitude.

Have you ever wondered how all the information in library online catalogs, or OPACS is collected and organized in a way that makes it accessible and useful to us when we need it? As it turns out, the process of collecting–and especially organizing–this information and making it accessible to us is quite rigorous, involving complex, exacting standards and rules.

To perhaps oversimplify, cataloguing involves listing, analyzing, describing, classifying, identifying points of access such as subject headings or titles (access points) to the information being cataloged, and making any necessary preparation for user access from both within a library or through remote access from various locations, of knowledge based structured content (bibliographic content) associated with a library or group of libraries, all under the direction of specially trained professional catalogers. To ensure consistency and overall coordination of these processes both within and among libraries, it has been essential to establish well coordinated and agreed upon standards and conventions which catalogers working from diverse locations and organizations can rely upon to provide maximum benefit to us the end users.

For cataloging standards to remain relevant, they must take into account various factors including the preservation of the integrity and accessibility of the collection being cataloged, the mission of the organization housing or hosting the collection, needs and concerns of end users, and changes in information needs and cultural values over time. Depending on circumstances, such changes may necessitate either comparatively minor revisions or major revisions in order for these standards to remain relevant as the basis for effective cataloging. Judging from what I have read while preparing this posting it appears that catalogers have always been and continue to be very diligent and effective in this regard.

For many years the rules of cataloging have been primarily governed by a group of standards and rules called Anglo American Cataloguing Rules (AACR) and later AACR2 which is still being used as this is being written. Both AACR and AACR2 were designed to accommodate either hard copy (print or card catalogs) or earlier versions of computer-based or online catalogs. By the beginning of the 21st century it was widely recognized that either a major revision in AACR2 or a new standard that goes beyond existing cataloging codes was needed to provide adequate guidelines for cataloging digital resources, responding to the challenges of the world wide web, and to provide a greater emphasis on helping an increasingly diverse group of users to find, identify, select and obtain the information they need. After much discussion, consultation, and deliberation it was decided to go with a new standard called Resource Description and Access or RDA, which is scheduled to replace AACR2 later this year, 2009.

Why is this being discussed on a public blawg? Because we need to realize that although much of their work is behind the scenes and invisible to most of us, catalogers continue to play an important, critical role in enabling us to find the information essential to our going about our daily lives both at work and at home. Although search services are often useful, even vital, they are no substitute online catalogs when searching for bibliographic materials housed in libraries, groups of libraries or similar organizations. Cataloging standards can also form the basis for other forms of web searching. A prominent information consultant told me some years ago that he liked to hire catalogers for applications development in database and web searching because he found their training and expertise to be so helpful and effective.

To summarize, from all appearances cataloguers and cataloging continue to be highly relevant to our increasingly interactive and interconnected society with its growing information needs. But they need our recognition and appreciation for their many contributions. I hope this posting helps in that regard . Since this is a general discussion, I have left out many details of possible interest. To help fill in the blanks I have asked Joni Lynn Cassidy, President of Cassidy Cataloging Services to write her own article for this blawg. I am happy to report that she has accepted and we can all look forward to her forthcoming article.
_______________________________
*David Badertscher is the Principal Law Librarian at the New York Supreme Court Criminal Term Library, First Judicial District in New York, NY. Although not strictly a cataloger, he is interested in technical services issues and is a member of the AALL TS-SIS.

For those who are interested in pursuing this topic further, you can click on the link below to see some of the sources consulted in preparation for this posting.:

Continue reading "In Appreciation of Library Catalogers and Cataloging Standards" »

June 23, 2009

Book Review: Licensing Digital Content: A Practical Guide for Librarians

Title: Licensing Digital Content: A Practical Guide for Librarians

Author: Lesley Ellen Harris

Publisher: American Library Association

Edition: Second

Publication Date: 2009

ISBN: 978-0-8389-0992-8

Pages: 161

Price: $57.00

The author’s stated goal in writing this brief volume is to provide a primer and guide regarding digital licensing issues for librarians and other consumers of digital content. Ms. Harris is also the author of the first edition of this volume. She is a graduate of York University’s Osgoode Hall Law School in Canada. She is an attorney with a background in intellectual property and served as a researcher at the Canadian Copyright Institute. Additionally, Ms. Harris has been a consultant for approximately twenty years in which time she has taught a variety of courses through her company and associations. Moreover, the author maintains the blog Copyright Questions & Answers (www.copyrightanswers.blogspot.com/).

The bulk of this brief book deals with the mechanics of licensing agreements. A license agreement is a written contract between a user and a content owner. It delineates the terms and conditions of use. The author provides summaries of key and boilerplate clauses in licensing agreements with analysis and tips to improve effective drafting of agreements. This material provides very useful material to assist in drafting digital licensing agreements for both the novice and the intermediate professional. Additional material deals with an approach to the negotiation process to facilitate the creation of the licensing agreement.

While this book is published by the American Library Association, the scope of its content is not intended purely for an American audience. Since digital content and Internet access have world wide breadth, the book is intended to be useful to a broader audience of readers. These include librarians working in variously sized and diverse organizations as well as individuals employed in companies that supply digital content. The book is well worth reading for those interested in an introduction to digital licensing drafting and issues involved with this process. It is a worthy addition to the collections of general and specialized libraries.

Reviewed by Theodore Pollack, Senior Law Librarian, New York County Public Access Law Library

June 15, 2009

Survey: Recent Changes in Bindery Policies and Procedures in Academic Libraries

Courtney Selby, the Collection Development/Instructional Services Librarian at the Mabee Legal information Center, University of Tulsa has summarized the results of her recent survey:

Last week I sent out a 4 question survey about recent changes in bindery policies and procedures in academic libraries. I received 16 replies (thanks so much!) and wanted to summarize them here. There were a few key similarities that I did want to point out. It looks like budgetary considerations are the primary motivators in most respondents’ review of bindery policies. Some folks did note that space considerations factored into their decisions, and those librarians often indicated that they also chose to discard unbound volumes after 2 to 3 years. Most respondents indicated that they had ceased binding journal titles available in HeinOnline, though most also continued to bind journals and bar materials from their home states. All respondents that mentioned CLE’s noted that they will continue to bind them.

· (budget reasons) stopped all binding except for exceptional cases, such as important books or books that are falling apart

· (budget reasons) stopped binding all journals available via HeinOnline except for top 20 schools and home school publications-- ceased binding patent bar publications

· (budget reasons) continue binding only publications from within the state, including academic, government and bar (CLE’s)

· No changes yet, but considering changes for budgetary reasons--will continue binding law journals and gov. docs, but will discontinue binding monograph paperbacks

· (budget reasons) stopped all binding except for state law journals, paperback materials that get heavy use, and other items on an as-needed basis

· (space considerations and the shift of patron use from paper to electronic resources--also some budget reasons) binding only one copy of any periodic material—including main library copies—if main library binds, law doesn’t. discontinued binding monographs and paperback annual volumes. Still consider bindery for any paperback material not purchased for current awareness alone.

· (space considerations) stopped binding all law journals available on HeinOnline. Once volumes are added to HeinOnline, print is discarded. exceptions include home university publications and all other in-state school journals. still bind CLE’s and other heavily used items, plus journals not on Heinonline. current interest items are not bound and anything older than the current volume is discarded.

· (efficiency considerations) journals on HeinOnline are not bound. Paper copies of journals are kept until they appear in HeinOnline, then they are discarded. Binding of other materials is done on a case-by case basis based on use and value of materials. Items in transfer binders are bound if library still has current subscription to the title.

· (budget reasons) stopped binding almost all academic journals. Unbound issues are kept for 2 years and then discarded. Older issues (those already bound) are currently being discarded as well. Major journals in areas where there is intensive curriculum focus are still bound. No newsletters or other current events sources are bound.

· (budget reasons) Binding only in-state publications, both academic and bar (CLE’s). The only government publication currently bound is the Federal Register. Heavy-use items or worn items are bound on an as-needed basis.

· No real changes made, still binding periodicals, newsletters, state materials, damaged items, etc.

· (budget reasons) Many cancellations contributed to reduced binding costs, the rest of the bindery decisions are based on frequency of use of material. Binding of newsletters has ceased.

· (space considerations) stopped binding all journals available on HeinOnline except primary law reviews for top 50 law schools. Print issues are kept until they appear in HeinOnline, then they are discarded. Gov. documents bound include Federal Register, Congressional Record and Serial Set.

· (budget reasons) Still bind home university law journals and anything difficult to shelve or preserve without binding. Other items (high priority, damaged) are bound on a case by case basis. Also changed status of unbound law reviews so that individual issues can now circulate like monographs.

· No changes yet, but considering stopping bindery of law journals in the near future. The only items currently sent to bindery are law journals—no government documents or other items are bound.

· (no stated reason) stopped binding U.S. law journals available via HeinOnline. Unbound issues will be kept for 3 years.

May 29, 2009

Internet Society Posts Report on Internet Governance Survey

The Internet Society conducted a survey of members on the topic of
Internet Governance in April and May 2009. The purpose was to assist
ISOC in addressing Internet governance issues in the discussion up to
and including the Internet Governance Forum (IGF) in Sharm El Sheikh
in November 2009. It was also designed to help ISOC contribute to the
current consultation on "the desirability of the continuation of the
Forum in formal consultation with Forum participants" after 2010.

The summary of the results is now available here:

http://isoc.org/pubpolpillar/docs/ig-survey-report-200905.pdf

The results were reported to the IGF Open Consultations sessions
starting in Geneva on 13 May

May 19, 2009

Update: OCLC Policy On Record Use

Late in October 2008 rumors were circulating around the lbrary community that OCLC was in the process of updating its Guidelines for the Use and Transfer of OCLC Derived Records These rumors proved true; OCLC published its new policy on Sunday November 2, 2008. The reaction to these changes was sufficiently "swift and harsh" that on November 19, 2008 OCLC removed the original updated version and released a second updated version on November 19. Since that time reaction has continued to be animated, resulting in a continuing series of meetings, proposed changes, commentaries etc.

What is the present status of this discussion? To help answer that question Phyllis Post, who attended the May 2009 OCLC Members Council Meeting where a presentation was made by OCLC, has provided a brief but most helpful update which I received as an e-mail. With the permission of Phyllis I am posting her message below:

Colleagues,

I just got in from the May OCLC Members Council meeting. One of the agenda items was a report from Jennifer Younger who chaired the Review Board of Shared Data Creation & Stewardship. The actual written report from this committee is not quite finished. When complete it will be submitted to the OCLC Board of Trustees in June and hopefully made available to the public before ALA. Meanwhile, Ms. Younger's presentation to Members Council & her presentation slides are now available for viewing here: http://www.oclc.org/us/en/memberscouncil/meetings/2009/default.htm#may

In a nutshell, remember that for now the original 1987 policy remains in effect. The Review Board has concluded that an updated policy is necessary, but not the policy as written late last year. Assuming the Board of Trustees agrees with the Review Board's conclusions, a task force will be convened to reconsider the policy and write a new one that we can all live with. Informally I conclude that OCLC will seek greater member input and community discussion if/when it creates a new policy.


May 18, 2009

Safeguarding Library Collections at the Dawn of the 21st Century

In a recent e-mail Robert Richards, a Law Librarian and Legal Information Consultant from Philadelphia, mentions a recent Associatiion of Research Libraries (ARL) preservation report, "Safeguarding Collections at the Dawn of the 21st Century: Describing Roles & Measuring Contemporary Preservation Activities in ARL Libraries," http://www.arl.org/bm~doc/safeguarding-collections.pdf .. More details are at http://www.arl.org/news/pr/preservation-14may09.shtml The report is organized around three main sections: Preservation Functions; Networked Digital Environment; and Collaboration. Within each section, background and analysis are provided and recommendations offered for consideration by ARL

May 15, 2009

Announcement and Survey: AALL Publication on Legal Research for Non-Lawyers

The American Association of Law Libraries (AALL) Legal Information Services to the Public SIS has updated its publication, "How to Research a Legal Problem: A Guide for Non-Lawyers." The text of the revised version, by LISP members Lee Warthen and Angus Nesbit, can be viewed here:
http://www.aallnet.org/sis/lisp/research.htm

In the past this Guide has been published by AALL as a pamphlet and sold through AALL's publications program for a modest fee. AALL wishes to evaluate whether publishing and selling the Guide as a print pamphlet, while also providing free digital access, remains viable, or whether a digital-only publication is more suitable. We've created a quick five-question survey to find out how your library might use the Guide and how you would prefer to receive it.

Please take a minute or two to complete the survey. Your feedback will be invaluable in designing the new Guide.

http://www.surveymonkey.com/s.aspx?sm=LL_2btbOgadcVie7fo4_2bPnLw_3d_3d

The survey will be kept open until May 22.

May 5, 2009

Journal: Law & Social Inquiry

A quarterly journal published by John Wiley and Sons, Inc. on behalf of the American Bar Foundation.


Law & Social Inquiry is a multidisciplinary quarterly that publishes original research articles and wide-ranging review essays that contribute to the understanding of sociolegal processes.
Law & Social Inquiry's combination of empirical and theoretical research with critique and appraisal of the sociolegal field make the journal a useful source for the latest research and commentary. Law & Social Inquiry's ambit spans law and sociology, criminal justice,economics, political science, social psychology, history, philosophy and other social science and humanities disciplines. The journal publishes a wide range of scholarship on specific topics in law and society, including but not limited to law, legal institutions, the legal profession, and legal processes.

May 5, 2009

New Books and Releases from the ABA Criminal Justice Section

Below is a message, useful to law librarians and others, from the current Chair of the ABA Criminal Justice Section. It includes information about new books and some discussion about publication activities within the Section :

Message from the Chair:

The Criminal Justice Section is comprised of a number of committees charged with the responsibility of addressing a broad array of criminal law topics. While each committee tends to focus on issues related to their special interest, when needed they all work in unison to make clear that we serve as the voice of criminal justice in the nation.

The State of Criminal Justice 2009 is an outstanding example of how our committees collaborate to produce a quality product that informs and provides a valuable service to the public and the entire legal community.

The 2009 edition features authors from across the criminal justice spectrum who provide commentary on a wide range of topics, ranging from white collar crime to international law to juvenile justice. This annual publication examines and reports on the major issues, trends and significant changes in the criminal justice system. As one of the cornerstones of the Section's work, the publication serves as an invaluable resource for lawyers, policy-makers, academics, and students. The 2009 volume contains 21 chapters focusing on specific criminal justice issues, as well as an appendix containing a full text and reports of all ABA policies adopted in 2008-2009 that address criminal justice issues.

I would like to thank first-time editor Myrna S. Raeder, CJS Director Jack Hanna and Publications Manager Kyo Suh for their tireless efforts to ensure this year’s edition provided the same high-quality writing and in-depth analysis as past volumes.

Other recent Section-published releases include Do No Wrong: Ethics for Prosecutors and Defenders, which is a compilation of columns that address a myriad of ethical issues faced by prosecutors and defense attorneys alike in their everyday practice. Crime, Incorporated: Legal and Financial Implications of Corporate Misconduct addresses how the approach to understanding organizational crime has become more difficult because of the increased multi-organizational character of corporate crime, and provides a complete re-examination of traditional legal rules and their application in light of changes in corporate crime over the past decade.

Our Book Board committee, chaired by Andrew Taslitz, should be commended for the outstanding job it does to ensure that we continually issue publications that address the latest cutting-edge topics in the field of criminal law.

May 5, 2009

ABA: U.S. Supreme Court Update - May 4, 2009

A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust

Flores-Figueroa v. United States
(No. 08-108)

Decided: May 4, 2009

Petitioner Flores-Figueroa, a Mexican citizen, gave his employer counterfeit Social Security and alien registration cards containing his name but other people's identification numbers, he was arrested and charged with two immigration offenses and aggravated identity theft. Flores moved for acquittal on the latter charge, claiming that the Government could not prove that he knew that the documents' numbers were assigned to other people.

The District Court agreed with the Government that the word "knowingly" in sec.1028A(a)(1) does not modify the statute's last three words, "of another person," and, after trial, found Flores guilty on all counts. The Eighth Circuit affirmed.

The USSC held that Section sec.1028(a)(1) requires the Government to show that the defendant knew that the means of identification at issue belonged to another person. As a matter of ordinary English grammar, "knowingly" is naturally read as applying to all the subsequently listed elements of the crime. Where a transitive verb has an object, listeners in most contexts assume that an adverb (such as "knowingly") that modifies the verb tells the listener how the subject performed the entire action, including the object. The Government does not provide a single example of a sentence that, when used in typical fashion, would lead the hearer to a contrary understanding. And courts ordinarily interpret criminal statutes consistently with the ordinary English usage.

Finally, the Government's arguments based on the statute's purpose and on the practical problems of enforcing it are not sufficient to overcome the ordinary meaning, in English or through ordinary interpretive practice, of Congress' words. Pp. 4-11.

Reversed and remanded.

Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Kennedy, Souter, and Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment.

Available at: http://www.law.cornell.edu/supct/html/08-108.ZS.html