Criminal Law Library Blog

Newsletter No. 5 of 2008

2008-2009 LGRMIF Grant Applications:

I know that many of you are wondering about the status of your 2008-2009 grant application. Here is where we are now: The first step in the review process, the formal evaluation by outside reviewers and staff members, was recently completed. All reviewers had to evaluate and score each proposal assigned to them and return it to the State Archives by April 18th. This information is now being compiled and shared with the other Members of each panel. Those panels, which are organized by grant category, meet on May 14th to make final recommendations on funding to be forwarded to the Commissioner of Education, who by state law authorizes all grant awards.

Applicants whose proposals were not funded will be notified in early June so, if you do not receive one of these letters, you know that your proposal will receive at least some funding, but not how much. Final award letters are due to be sent out by the end of June, if the awards have also been approved by the Division of the Budget and the Office of the State Comptroller. As many of you know from past experience, these additional approvals sometimes require more
time. Although time-consuming, our process goes to great lengths to be fair, impartial and to make the best possible use of available grant funds.

Workshops:

(Please note that workshops have been scheduled beginning March 2008 through July 2008. While the post-April workshops are listed here for your information, please hold off sending in your registrations because our newly-updated registration module can only accept registrations through June)

"All workshops are open to all who are interested in attending. To register, go to and click on "Workshops" on the left. Send Miki Torres an e-mail with your name, affiliation, phone number, and email address with the title and date of the workshop. We will contact you to confirm and complete the registration. Directions will be sent in the mail within a week of the workshop date. Contact <ARCHTRAIN@mail.nysed.gov> if you have questions about our workshops. Stay tuned for the full spring workshop schedule coming to our website in March 2008."

Disaster Planning & Response for Records Management Wednesday, May 21, 2008 from 9 AM to 1PM at 55 Hanson Place, 1st Floor Conference Room,
Brooklyn, NY. Disasters are all too common in New York State. Each year, records are damaged and information is lost as a result of floods, arson, fires, collapsed roofs, or computer viruses. This workshop will focus on:

• How to analyze your organization’s risk of experiencing a disaster
• How to reduce the chances that a disaster will destroy your records
• How to prepare your organization for a disaster
• How to respond to a disaster safely and effectively

Conducting a Needs Assessment or Business Process Analysis Thursday, June 19, 2008 from 9 AM to 1 PM at 55 Hanson Place, Room 346, Brooklyn, NY. A successful records management program functions under the well-founded belief that strong controls, if thoughtfully designed, can save money and time. One of the essential controls is careful planning of any system prior to implementation. This workshop will focus on the necessary steps to establish any new records management system, from inactive storage facilities to complex electronic recordkeeping systems. Issues to be examined include:

• The difference between a needs assessment and a business process analysis (BPA)
• How to decide whether to do a needs assessment or a BPA, and when
• The essential principles behind both needs assessments and BPA’s
• Steps to follow when conducting a needs assessment or BPA
• Steps to follow to implement the changes recommended by a needs assessment or BPA

Managing Maps & Plans Wednesday, July 16, from 9 AM to 1 PM at MTA: Office of the Inspector General, 111 West 40th Street, 5th Floor Conference Room
Manhattan, NY. Many organizations have difficulty dealing with large-format records, such as maps and architectural plans. The storage and retrieval of these records can be very difficult, yet many of them have long retention periods and are essential to the management of the organization. This workshop will focus on:

• Analysis of issues involving the management of maps and plans
• Solutions to common problems associated with these records
• Storage techniques; ways to improve access and retrieval; and preservation

11th Annual NYC FOIL Session: Robert Freeman, Executive Director of the Committee on Open Government, New York State Department of State, and well-known Freedom of Information Legislation (FOIL) expert, will conduct the session on Monday, June 23rd, from 1 to 4 PM at the conference room of the New York City Economic Development Corporation, 110 William Street, 4th floor, Manhattan.

I highly recommend that Records Management Officers and FOIL Officers attend the FOIL sessions because FOIL and records management issues are frequently very closely related. Response to FOIL requests requires efficient access to the records requested. Further, New York State FOIL legislation requires that agencies maintain a “FOIL listing” of records; the records retention and disposition schedules that the Records Management Officer is required to work with can easily serve this requirement.

News from the State Archives:
State Archives Supports 2008 MayDay Initiative: The New York State Archives supports the preservation community’s MayDay Call to Action. In 2006 the Society of American Archivists established this annual event to help remind institutions – and individuals – to develop and update our emergency preparedness plans.
We urge families to:
• Begin developing an emergency plan. Your family may not be together should disaster strike, so plan how you would contact one another.

• Conduct a drill to ensure that everyone understands the plan.
• Make sure that there are sufficient supplies on hand for emergencies: food, water, bedding; batteries, self-powered lights and radios; spare batteries.
For your personal family collections:
• Consider which items have the greatest value, either monetary or sentimental.
• Which of these may have been stored in a basement vulnerable to seasonal flooding, or in a rented storage unit? Are there alternatives available?
• Consider storing your precious items in boxes, a simple step which can provide a good measure of protection.
Many additional measures are suggested at SAA’s web site www.archivists.org/mayday/. And for the Council of State Archivists’ excellent manual entitled “Rescuing Family Records: A Disaster Planning Guide”, see this website http://www.statearchivists.org/prepare/families.htm
After Hurricanes Katrina, Wilma, and Rita and our own recent regional flooding and ice storms, we know we must be ready for the unexpected. Please join the State Archives in taking just one or two steps to better protect ourselves and our personal collections.

New York City Records Management Conference
New York City Records Managers Brown Bag Lunches: In keeping with the city-wide philosophy that directs the work currently managed by Fred Grevin at the New York City Department of Records, I am very pleased to announce a related project. You are all invited to Brown Bag Lunches to be held at 31 Chambers Street, Room 209 on a monthly basis. You bring your own lunch and we will either focus on a specific topic (such as the current draft e-mail guidelines the State Archives is developing) or any other topic or speaker. This is a wide-open opportunity to bring your ideas, experiences, questions, etc. to a welcoming forum where we all share dialogue.

Miki will send out the first notices – hopefully within the next few weeks – to invite you to the first session. Anyone with questions, ideas, etc., etc., and so forth (as the Yul Brenner used to say in that wonderful film, The King & I) please do not hesitate to contact Brenda or Miki.

Preserving the American Historical Record needs your help! The Partnership for the American Historical Record Task Force is seeking calls and letters to members of the House of Representatives to urge them to sign on to the “Preserving the American Historical
Record” legislation, which will be introduced soon by Congressman
Maurice Hinchey (D-NY, 22nd district). The Congressman would like to
have as many co-sponsors as possible before introducing the bill.
Current sponsors are: Jerrold Nadler (D-NY 8th), John McHugh (R- NY
23rd), Sanford Bishop (D-GA 2nd), Carolyn Maloney (D-NY 14th), and
Edolphus Towns (D-NY 10th).

This legislation is essential to the continued funding of the many cultural and historical programs that enrich our cultural heritage.

It is critical that we work now to enlist as many Members of Congress
as possible to sign on to the bill - and that the co-sponsors represent
a diversity of states and both parties. (The current list of sponsors
is heavily weighted to the East Coast and the Democratic party.)

It is essential that House members know that this bill is of concern to
their constituents so that they WILL sign on. Your efforts will ensure
that your Congressperson has this bill on his or her “radar.”

Here’s how you can help:

Contact the members of Congress who represent your region and tell them
how important this bill will be to your state. Please encourage others
to do so as well. Genealogists, local government officials, researchers
of all kinds, teachers, veterans, and even your favorite aunt can make
the case.

To facilitate this, we have posted a number of items on the Web at www.archivists.org/pahr

Resources
NEDCC ANNOUNCES PRESERVATION 101 - THE NEW ONLINE PRESERVATION COURSE: THE NORTHEAST DOCUMENT CONSERVATION CENTER (NEDCC) is proud to offer
PRESERVATION 101, a free, comprehensive, self-paced online course on
The preservation of paper collections and related formats.

THE COURSE IS ACCESSIBLE FREE OF CHARGE at www.preservation101.org, and is intended to benefit professionals who are responsible for the preservation of library and archival materials. Participants will learn how to put preservation basics to work in the context of small and moderately- sized collections - how to identify deteriorated materials, how to care for collections, and how to set priorities for preservation.

THE NORTHEAST DOCUMENT CONSERVATION CENTER is a nonprofit, regional conservation center specializing in the preservation and conservation of paper-based materials for libraries, archives, museums, and other collections-holding institutions.

For more information about NEDCC and its extensive online resources on
preservation, visit: www.nedcc.org

Professional Organizations

Archivists Round Table of Metropolitan New York: April meeting not yet listed. For information go to http://www.nycarchivists.org

ARMA, NYC Metro Chapter ARMA, NYC Metro Chapter’s next meeting will be on Wednesday, May 14th, from 5:30 to 8 PM at the Harvard Club, 35 West 44th Street, Manhattan. The speaker, Don Oppenheimer, will trace of evolution of records management from the days of “hard copy” through today’s collaborative workspace. You will take away a better understanding of the value of Wiki’s, Blogs, and Web 2.0 technology. For more information contact Frank LaSorsa at flasorsa@kelleydrye.com

News for Educators
Curate Your Own Exhibition at The New York Public Library, July 22 – July 25, 2008:

Learning at the Library, K-12 education outreach at the New York Public Library, will be offering $1,000 stipends to eight New York City area K-12 teachers to curate online exhibitions this summer, using materials from the NYPL Digital Gallery. Working with NYPL staff, educators will select images and research and create their own exhibitions. Participants will use a web-based publishing system to mount their exhibitions.

This work will unfold over the course of a week-long residency from July 22 – July 25, 2008. A portion of this time will be devoted to curator talks, collection visits and hands-on training for

teachers on conducting research in the Library. During the remainder of the time, participants will have the free use of our computer classrooms. Library staff will be available for consultation during this time for research assistance. Participants are also welcome to conduct research at any one of the four Research Libraries – The Humanities and Social Sciences Library, the Library for the Performing Arts, the Schomburg Center for Research in Black Culture, and the Sciences, Industry and Business Library. The week will culminate with a presentation of individual exhibitions on Friday.

The guidelines for the exhibition are as follows. The show must:
Incorporate at least forty items, each with museum labels of approximately two hundred words,
Contextualize the forty items with museum or chat labels of at least five hundred words,
Be supported with at least three pages (one thousand words) of support our guide copy, and
Support some aspect of the New York State Learning Standards.

We also hope that this seminar will be a starting point for participants’ future research; that participating teachers will continue to use our collections and these projects to spawn new work, and that participants will continue to call upon the Library and our staff throughout their teaching career.

To apply, please send an informal, one-page proposal including your contact information, position, school and topic by Friday, May 30 at 5:00 PM to Samantha Seeley, Education Outreach Assistant, The Research Libraries, Fifth Avenue and 42nd Street, New York, NY 10018. (212) 930-0086

Stay tooned!

Anyone wishing further information – you know where to find us!

718-923-4300 bparnes@mail.nysed.gov for Brenda
718-923-4301 mtorres@mail.nysed.gov For Miki

New York State Archives Web Site: http://www.archives.nysed.gov
Archives Partnership Trust Web Site: http://www.nysarchives.org

Download Your Free Screensaver from the Archives: Enjoy historic images from the Archives’ outstanding collection of photographs. Go to: http://www.nysarchives.org/g/screensaver/index.shtml

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Posted In: Commentary and Opinion , Conferences, Seminars and Webinars , News from Organizations , Publication Announcements and Reviews

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Primary Research Group has published Library Use of E-books, 2008-09 Edition, (isbn 1-57440-101-7) and would like to share some of the results. *

Data in the report is based on a survey of 75 academic, public and special libraries.. Librarians detail their plans on how they plan to develop their e-book collections, what they think of e-book readers and software, and which e-book aggregators and publishers appeal to them most and why. Other issues covered include: library production of e-books and collection digitization, e-book collection information literacy efforts, use of e-books in course reserves and inter-library loan, e-book pricing and inflation issues, acquisition sources and strategies for e-books and other issues of concern to libraries and book publishers.

Some of the findings of the 110 page report are:

• Libraries in the sample expected to renew over 77% of their current contracts.

• Well over 81% of the sample cataloged their e-book collection and listed it in their online library catalog.

• E-book spending by libraries is growing rapidly in 2008 but by significantly less than in 2007.

• For the most part, librarians in the sample felt that their patrons were less skilled in using e-book collections than they were in using databases of magazine, newspaper and journal articles.

• The libraries in the sample had MARC records for a mean of approximately 74% of the e-books in their collections.

• Many libraries reported significant use of electronic directories. 12.5% reported extensive use and 30% said that use was significant. The larger libraries reported the heaviest use.

• Use of e-books in the hard sciences was particularly high. More than 30% of participants said that use of e-books in the hard sciences (defined as chemistry, physics and biology) was quite extensive and another 26% noted significant use.

• Libraries in the sample maintained a print version for a mean of 24% of the e-books in their e-book collections.

• Nearly 21% of the libraries in our sample have digitized out-of-copyright books in their collections in order to make their contents more available to their patrons.

• E-books account for only about 3.9% of the books on course reserve, with a minimum of 0 to a maximum of 30%.

• Nearly 70% of the sample’s total spending on e-books was with aggregators, while just over 24.6% of the total spending was spent with individual publishers.

Data is broken out by library budget size, for US and non-US libraries and for academic and non-academic libraries. The report presents more than 300 tables of data on e-book use by libraries, as well as analysis and commentary.

For further information view our website at www.PrimaryResearch.com.
____________________________________
*It would be interesting to know how many, if any, of the respondents to this Survey were law libraries. While doing some work in related legal reference information in digital formats, I was suprised at how few references I found which mentioned e-books.
David Badertscher

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Posted In: Commentary and Opinion , Library News and Views , Library Organization and Planning , Library Reference and Research , Publication Announcements and Reviews

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Jonathan L. Zittrain has written an interesting, informative and innovative book titles The Future of the Internet: And How to Stop It. . I use the word "innovative" because the web version, which is available in full text at http://yupnet.org/zittrain/ incorporates added features to engage the reader.

To quote from his introduction:

"...The Internet’s current trajectory is one of lost opportunity. Its salvation lies in the hands of its millions of users. Drawing on generative technologies like Wikipedia that have so far survived their own successes, this book shows how to develop new technologies and social structures that allow users to work creatively and collaboratively, participate in solutions, and become true 'netizens.' "

"This is a collaborative experiment, which will depend on the intelligent participation of readers for its success. We invite you to join in and take part in this important conversation."

Although the complete book is availabe on the web in full text, interested readers are encouraged to purchase the print version to help support the ongoing efforts of Mr. Zittrain

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Posted In: Information Technology , Library Organization and Planning , News from Organizations , Publication Announcements and Reviews , Science and Technology

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From the Section of Science and Technology Law:

Science for Lawyers
Eric York Drogin, Editor
http://www.abanet.org/abastore/productpage/5450051

Science for Lawyers clearly explains and discusses 13 applied scientific disciplines in jargon-free language that is specifically geared toward lawyers. The book explores the definitions (what is science), the practice (what scientists do) and the professional roles (what ethical guidelines influence scientists) of 13 professional disciplines such as:

* Ballistics
* Medicine
* Physics
* Statistics
* Linguistics
* Genetics
* Chemistry
* and more

The book is designed to reacquaint you in an accessible, highly readable fashion with the basic scientific issues you face in your practice every day. With dozens of photos, figures, graphics and artwork, the book covers these subjects in terms that are not only easy to understand, but fascinating to read. If you are a lawyer who is ever called upon to defend, proceed against, examine, cross-examine or even consult a scientist, this book is for you.

2008 7 x 10 347 pages paper
$129.95 regular price $119.95 Section of Science & Technology Law member price

Now with new reduced shipping rates!

To place an order, or for more information including a complete table of contents and sample chapter, click on http://www.abanet.org/abastore/productpage/5450051
or call the ABA Service Center at (800) 285-2221.

From the ABA Senior Lawyers Section:

Residence Options for Older and Disabled Clients
By Lawrence A. Frolik
http://www.abanet.org/abastore/productpage/5460044

Recent census figures report that more than 35 million Americans are age 65 or older. Medical and scientific discoveries have prolonged life expectancy, and this, in turn, has led to needs that are specific to older persons and their caregivers. One of the most pressing of these is the need for appropriate housing. This book is a comprehensive guide to the many different types of housing available for aging and disabled individuals. It starts with the most independent type of living, proceeds through transitional forms of housing and ends with an in-depth discussion of medically assisted housing. With this book you will learn not only about the various types of housing but the pros and cons of each.

Topics include:
* Condominiums and Cooperatives
* Planned Communities and Homeowner Associations
* Continuing Care Retirement Communities
* Assisted Living
* Group Homes for the Disabled
* Nursing Homes
* Hospice Care
* And more

So whether you are a lawyer, a financial planner, a geriatric case manager or a caregiver, this book will expand your knowledge of the various types of housing and will offer assistance in selecting the most appropriate place for a specific individual.

2008 6 x 9 416 pages paperback
$89.95 Regular price
$79.95 Senior Lawyers Division member price

The ABA now has newly reduced shipping rates!

To place an order, or for more information including a complete table of contents, click on http://www.abanet.org/abastore/productpage/5460044
or call the ABA Service Center at (800) 285-2221

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Posted In: News from Organizations , Publication Announcements and Reviews , Science and Technology

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From: William S. Hein & Company, Inc.

Researching Texas Law

Second Edition

This 2008 new edition, titled Legal Research for the Texas Practitioner, focuses on the types of resources and research processes commonly encountered by modern-day practitioners. The work utilizes instructional material from the authors' courses in Legal Analysis, Research, and Communications and Advanced Legal Research and covers the basic skills that are needed to perform legal research in the day-to-day practice of law. This new edition will be available in June 2008.

Reflections of a Lawyer's Soul
The Institutional Experience of Professionalism at Thomas M. Cooley Law School

The editors of this new 2008 publication, and other professionals at the Thomas M. Cooley Law School wanted to evaluate and describe Cooley's professionalism efforts in a series of introductory monographs, in order to share those efforts with the law school community as well as with lawyers, judges, bar leaders, alumni, law students, other law schools, and prospective law students.

The American Doctrine of Judicial Supremacy

The purpose of this reprint, according to author Charles Grove Haines, is to present the history, scope and results of judicial control over legislation in the United States. Haines was a political scientist and professor at the University of California, Los Angeles for more than twenty years. Here, he has traced the history of the unique American Doctrine, and its bases and sources.

History of the Formation of the Union Under the Constitution
with Liberty Documents and Reports of the Commission

This new reprint from Hein is the result of the work done by the United States Constitution Sesquicentennial Commission during their preparations, planning and study in regards to the 150th anniversary of the United States Constitution. It serves a dual purpose of containing a report of the Commission's work as well as the special commemorations and a history of the formation of the Union.

Lyrics and the Law

The Constitution of Law in Music

This new Vandeplas publication addresses the role that music plays in constituting law in the United States. The book's first purpose is to introduce readers to the classical jurisprudential schools of thought and connect those philosophies to the lyrics of various songs. The book's second objective is to systematically explain the role that music plays in constituting images of race, gender and class. This book asserts that music creates law and images of law through specific lenses.

______________________________________________

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Posted In: Library Reference and Research , Publication Announcements and Reviews

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The following is from TechnoLawyer Newswire, April 16, 2008:

Traditionally, the software industry presented law firms with a dilemma — single-task best-of-breed programs or easier to manage but lower quality all-in-one programs. And then came the suite, which offers best-in-class programs designed to work together.

Corel's new suite, Corel WordPerfect Office X4, seeks to take the suite where it has never ventured before with new features and programs that eliminate the need to purchase standalone programs from other companies.

At the heart of the new suite lies WordPerfect X4, which features a robust set of PDF tools. You can create, import, edit, and archive PDF files (including PDF/A). WordPerfect integrates with most scanners and now has its own OCR engine so you can convert scanned PDFs into editable text to save as WordPerfect, PDF, or Microsoft Word formats.

WordPerfect can handle just about any document format, including Microsoft Word 2007. You can also convert between formats. If you have become accustomed to Microsoft Office, you can make all of WordPerfect's keystrokes and menus mirror those of Word.

WordPerfect X4 also eliminates the need for tools for redaction, metadata, and legal utilities as it includes these functions. You can redact documents in any supported format, including Microsoft Word and PDF. You can save documents without any metadata. The Legal Toolbar enables you to create tables of authorities and tables of contents, and the Pleading Filler creates pleadings that will satisfy any court. Corporate lawyers will find redlining tools as well as the ability to publish to EDGAR.

Corel WordPerfect Office X
This being a suite, Corel also includes a number of other programs, including some that are new. For example, WordPerfect Lightning is a "Web-connected digital notebook" in which you can capture your ideas and other information (text and images) as well as quickly view files in WordPerfect, Microsoft Word, or PDF format. It also includes Snapshot Tool for taking screenshots, The Navigator for organizing and sharing the information you collect, and The Connector for online contact management and calendaring.

If these and Corel's other new additions to the suite aren't enough, WordPerfect Office X4 also provides many customization options. For example, you can use PerfectScript or Microsoft Visual Basic to create macros and run scripts. In addition, Corel can work with your firm to customize WordPerfect X4 and the other components of the suite for your specific needs.

Corel WordPerfect Office X4 sells for $299. Users of previous versions can upgrade for $159"

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Posted In: Information Technology , News from Organizations , Publication Announcements and Reviews

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We are passing on the following message just recieved from the ABA Journal.
The ABA Journal has been nominated for the Internet's most prestigious honor. And we need your help to win.

ABAJournal.com is one of five nominees for a Webby Award in the Law category. Described by the New York Times as the "Oscars of the Internet," the Webby Awards are judged by the International Academy of Digital Arts & Sciences, and received almost 10,000 entries this year. ABAJournal.com features a legal newswire updated with 25 to 50 fresh stories throughout every business day, a directory of more than 1,800 blogs written by lawyers, and archives of the magazine stretching back to 2004.

In each category, the Webby Awards also give a People's Voice Award to the site with the most online votes from the public. That's where you come in. We're asking you to do two things:

First, visit http://pv.webbyawards.com before May 1 to register then vote for the ABA Journal in the Law category. Voting takes less than five minutes. Each person can vote only once.

Second, forward this e-mail to your colleagues and friends, and encourage them to vote for the Journal.

With your help, the website of the nation's most-read and most-respected legal affairs magazine can bring home the hardware. Winners will be announced May 6, and we'll report the results on ABAJournal.com.

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Posted In: News from Organizations , Publication Announcements and Reviews

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With spam and virus attacks at record levels, and spammers using increasingly sophisticated techniques, Google commissioned Osterman Research to conduct a study of organizations to assess the performance of their on-demand and on-premise email security solutions. Osterman Research shares what they uncovered in their research of companies using Google Message Security compared to companies using other solutions.

Click here to download complete paper

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Posted In: Information Technology , News from Organizations , Publication Announcements and Reviews

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The following is a listing of articles which appear in the most recent issue of LLRX at the time of this posting. See http://www.llrx.com:

The Personal Information Trainer, by Stuart Basefsky
http://www.llrx.com/features/personalinfotrainer.htm

Criminal Law Resources: Fingerprint Evidence Challenges, by Ken Strutin
http://www.llrx.com/features/fingerprintevidence.htm

The Social Networking Titans: Facebook and MySpace, by Deborah Ginsberg and Meg Kribble
http://www.llrx.com/features/facebookmyspace.htm

Update to Choosing Law Librarianship: Thoughts for People Contemplating a Career Move, by Mary Whisner
http://www.llrx.com/features/lawlibrarianship.htm

Living With the Asus Eee PC, by Conrad J. Jacoby
http://www.llrx.com/features/asuseepc.htm

Competitive Intelligence - A Selective Resource Guide, by Sabrina I. Pacifici, completely revised and updated.
http://www.llrx.com/features/ciguide.htm

Doing Legal Research in Canada - revised and updated, by Ted Tjaden
http://www.llrx.com/features/ca.htm

The Tao of Law Librarianship: If the Books Go, Will They Still Want Us? by Connie Crosby
http://www.llrx.com/columns/tao13.htm

E-Discovery Update: Minimizing E-Mail Archive Data Conversion Issues, by Conrad J. Jacoby
http://www.llrx.com/columns/emaildataconversion.htm

Reference from Coast to Coast: Making A Federal Case Out of It, by Jan Bissett and Margi Heinen
http://www.llrx.com/columns/reference57.htm

FOIA Facts: Increasing the Quality of FOIA Releases, by Scott A. Hodes
http://www.llrx.com/columns/foia48.htm

The Government Domain: Rich Resources from the Librarians of the Fed, by Peggy Garvin
http://www.llrx.com/columns/govdomain34.htm

LLRX Book Review by Heather A. Phillips - Jerome Neu’s Sticks and Stones: The Philosophy of Insults
http://www.llrx.com/columns/bookreview8.htm

Commentary: Waterboarding, Congress and the President, by Beth Wellington
http://www.llrx.com/extras/waterboarding.htm

**LLRX Court Rules, Forms, and Dockets: the unique, free searchable database, maintained and updated by Margaret Berkland.
http://www.llrx.com/courtrules/

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Posted In: Commentary and Opinion , Library News and Views , Library Organization and Planning , Library Reference and Research , Publication Announcements and Reviews

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Our Top Ten Stories of the Week
Law Firms

Law Firms Beef Up For Bankruptcy Work, the Hottest Growth Area
Mar 31, 2008, 05:55 am CDT
A new survey has found that lawyers expect bankruptcy to be the hottest growth area for law firms this year. That's no secret to law firm managers who are already beefing up bankruptcy practices...

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

Mergers & Acquisitions
Global Dealmaking Drops More Than Two-Thirds for Big Law Firms
Apr 1, 2008, 05:56 am CDT

April Fooled
Reports of Supreme Court Fantasy Baseball Case Are Wildly Exaggerated
Apr 2, 2008, 07:38 am CDT

Women in the Law
Women Lawyers Have Higher Divorce Rates, Need Loving Husbands, Prof Says
Apr 1, 2008, 06:17 am CDT

Legal Ethics
Motion Asks Judge to Refer Pillsbury Partner for Possible Perjury Prosecution
Mar 31, 2008, 09:17 am CDT

Legal Blogs
A Quarter of the Nation's Top Law Firms Have Blogs
Apr 1, 2008, 11:04 am CDT

Attorney General
DOJ Probe Considers Whether Lawyer Was Ousted Due to Sexual Orientation Rumor
Apr 3, 2008, 06:26 am CDT

Legal Ethics
Biff! Bam! Wallop! 2 Lawyers Duke it Out in Oregon Courthouse
Apr 2, 2008, 11:36 am CDT

Law Firms
Failed Corporate Deals Fuel Malpractice Suits Against Firms
Mar 31, 2008, 04:04 pm CDT

Judiciary
Miami Judge Barred From Courthouse Calls it Quits
Apr 1, 2008, 04:52 pm CDT

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In The Magazine

Solo Network
Building the Road Less Traveled
An Alabama solo puts practice on hold to answer military's call to Afghanistan.

Check out the magazine story as well as Sterling DeRamus' photos and e-mail dispatches.

McElhaney on Litigation
Rejiggering Jury Selection
Angus argues for giving opening statements before conducting voir dire.

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Every month I look forward to receiving the ABA Criminal Justice Section E-News. True to form, the April 2008 issue just received is filled with information to those involved with criminal justice issues. Here are some exampled highlighted in the April 2008 issue:

Weekly Criminal Justice News Roundup.

Legislative Update

Upcoming Events

April 3-6
Criminal Justice Section 2008 Spring Meeting, Charleston, SC (Francis Marion Hotel)

Superior Direct and Cross Examination (CLE, April 4)

April 11
Protecting Attorney-Client Privilege in 2008, Philadelphia, PA

May 9-10
The Comparison of Jury Trials and the Mystery of Art Theft, Bilbao, Spain

May 14-16
Health Care Fraud, Ft. Lauderdale, FL

May 21-23
Federal Sentencing Guidelines, Orlando, FL

June 11-13
Civil False Claims Act and Qui Tam Enforcement, Washington, DC

June 18-20
CyberLaw: Expanding the Horizons, Washington, DC

Aug. 7-12
ABA Annual Meeting (and CJ Section Programs and Meetings), New York, NY

Oct. 19-21
ABA/ABA Money Laundering Enforcement Conference, Washington, DC

New Publications

New from the ABA Commission on Effective Criminal Sanctions

Second Chances in the Criminal Justice System: Alternatives to Incarceration and Recovery Strategies
"This compendium of the American Bar Association's Commission on Effective Criminal Sanctions and the Justice Kennedy Commission focuses on the fairness and proportionality of punishment and on ways in which criminal offenders may avoid or escape the permanent legal disabilities and stigma of a criminal record."

U.S. Supreme Court Cases

MEDELLIN v. TEXAS

By a 6-3 vote, the U.S. Supreme Court held that President Bush overstepped his authority when he ordered a Texas court to reopen the case of Jose Ernesto Medellin, a Mexican citizen whom police prevented from consulting with Mexican diplomats, as provided by international treaty. Medellin was arrested a few days after the killings of Jennifer Ertman, 14, and Elizabeth Pena, 16, in June 1993. He was told he had a right to remain silent and have a lawyer present, but the police did not tell him that he could request assistance from the Mexican consulate. Medellin was convicted of murder in the course of a sexual assault, a capital offense in Texas. A judge sentenced him to death in October 1994.

Texas acknowledged that Medellin was not told he could ask for help from Mexican diplomats, but argued that he forfeited the right because he never raised the issue at trial or sentencing. In any case, the state said, the diplomats' intercession would not have made any difference in the outcome of the case. State and federal courts rejected Medellin's claim when he raised it on appeal.

Then, in 2003, Mexico sued the United States in the International Court of Justice in The Hague on behalf of Medellin and 50 other Mexicans on death row in the U.S. who also had been denied access to their country's diplomats following their arrests. An international court ruled in 2004 that the convictions of Medellin and 50 other Mexicans on death row around the United States violated the 1963 Vienna Convention, which provides that people arrested abroad should have access to their home country's consular officials. The International Court of Justice, also known as the world court, said the Mexican prisoners should have new court hearings to determine whether the violation affected their cases.

Chief Justice John Roberts, writing for the majority, disagreed. Roberts said the international court decision cannot be forced upon the states. The president may not "establish binding rules of decision that pre-empt contrary state law," Roberts said. Neither does the treaty, by itself, require individual states to take action.

Click on the link below to access the full opinion. If you cannot click on the link, copy and paste it into your browser. http://www.supremecourtus.gov/opinions/07pdf/06-984.pdf

Snyder v. Louisiana

By a 7-2 vote, the U.S. Supreme Court found that prosecutor Jim Williams improperly excluded blacks from the jury that convicted Allen Snyder of killing his estranged wife's companion. Snyder is black and the jurors were white. Justice Alito, writing for the majority, said the trial judge should have blocked Williams from striking a black juror. Justices Thomas and Scalia dissented. Thomas said he would not "second-guess" the judge. In a 4-3 decision, the Louisiana Supreme Court ruled that race had no part in the state's decisions involving black potential jurors.

During jury selection in the trial, Williams disqualified all five blacks in the pool of prospective jurors. The Supreme Court ruled in 1986 that prosecutors may not exclude people from a jury solely because of their race. The court already had sent Snyder's case back to the Louisiana courts following a ruling in 2005 that bolstered the prohibition on race bias in jury selection.

The prosecutor's explanation for striking a prospective black juror was "suspicious," said Alito. The prospective juror's supervisor said he did not think a schedule conflict between the upcoming trial and the prospective juror's work would be a problem. In contrast, the prosecutor accepted white jurors who disclosed conflicting obligations "that appear to have been at least as serious as" the prospective black juror who was excused, Alito wrote.

Stephen Bright, Snyder's Atlanta-based lawyer, said the ruling shows there is broad agreement among the justices that courts must closely examine the reasons given for excusing potential jurors when racial motives might be present but not acknowledged. "The disturbing thing is that courts in Louisiana and elsewhere were just deferring to trial judges, no matter the reasons," Bright said. Snyder will get a new trial as a result of the ruling.

Click on the link below to access the full opinion. If you cannot click on the link, copy and paste it into your browser. http://www.supremecourtus.gov/opinions/07pdf/06-10119.pdf

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The Litigation Manual: Jury Trials

Edited By Weyman I. Lundquist and Alyson Pytte
The Litigation Manual has been valued as much for its refreshing style as its practical, how-to approach. This addition to The Litigation Manual library focuses on jury trials. The book takes you step-by-step through the stages of a jury trial, providing concrete, time-proven techniques and innovative ideas from many of the country’s preeminent trial lawyers and judges. And it contains some of the best legal writing available—clear, informal and never dull. Read it and you will learn how to deal more effectively with the situations you face in a jury trial.

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

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


Convincing the Judge: Practical Advice for Litigators

By Cecil C. Kuhne III
Learn what judges like and do not like and how to deal with the judge throughout the entire litigation process. This book distills the advice of judges to practitioners appearing in their courtrooms and provides practical advice on case management, all phases of trial, and appeals. It also explains the judicial role and suggests tips for dealing with a difficult judge.

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Our Top Ten Stories of the Week
Law Firms

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

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

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

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

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

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

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

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

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

Consumer Law
N.J. Prosecutors Investigate JuicyCampus Site

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SCIENCE AND TECHNOLOGY:

Virtual Law: Navigating the Legal Landscape of Virtual Worlds

By Benjamin Tyson Duranske

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

Science for Lawyers

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

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

e-Discovery: Current Trends and Cases

By Ralph C. Losey

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

SPORTS:

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

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

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

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

CRIMINAL JUSTICE:

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

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

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

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