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Since first hearing about the planned closure of of six of the fifteen courthouse libraries in Connecticut I have contacted I have heard from a number of people (both librarians and non-librarians) from throughout that state. By all accounts the announced closures will prevent attorneys, judges and members of the public from accessing the up-to-date legal materials they need. They will especially hurt disadvantaged citizens and pro se litigants, who are especially vulnerable and may be unable to access official legal resources and will be required to struggle to travel to far-away courthouses. While the dire budgetary circumstances are the state currently faces are understandable, it is essential that Connecticut’s public law libraries and courthouses remain open. They are irreplaceable.

To help spread the word, the American Association of Law Libraries (AALL) has been working closely with the Southern New England Librarians Association (SNELLA) to oppose the announced closures . Kate Hagan the AALL Executive Director has distibuted an e-mail (see below) which details that effort. It includes some useful links for those who want to become active in saving Connecticut court libraries.

People are also urged to search the directory of state legislators and government employees at the of Connecticut Website for other contacts that could be helpful in this effort. This web site includes a directory of state employees, a directory of state legislators, and a directory of federal legislators serving Connecticut, all with links for e-mail contact information.

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During every session of the New York Legislature the current governor and his staff prepare bills addressing his or her objectives to be introduced directly in the legislature by the Governor. While it is assumed that legislatures in other states have similar mechanisms, this posting is only concernd with Governor’s programs in the State of New York.

When first introduced, these program bills are only sponsored by the Governor but once they have been introduced, members of the legislature can and often do add their names as sponsors. It is my understanding that once such a bill is introduced the process by which it works its way through the legislature is similar to other legislation except that if such a bill is amended while under consideration, it is then sent back to the Governor’s office for review, further modification etc.

In conversations I have had with people in the Governor’s office it was emphasized that Governor’s Programs should not be considered identical with other legislation introduced directly by individuall or groups of legislators and that Budget programs are separate from the Governor’s Program being discussed here. During those conversations the following book was recemmended as an excellent source for further information on this topic:

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David Badertscher

Although not primarily a reviewer of legal materials, Kirkus Reviews is one of the most outstanding and respected review magazines devoted to book media. It was founded in 1933 by Virginia Kirkus (1893-1981) a former head of the children’s book department of Harper & Bros. with the idea of holding book reviewing to a very high standard, being selective in both the books reviewed and the people assgned to review them. The first year they received about 20 advance galley proofs.

By all accounts Kirus has managed to maintain these high standards throughout the years, becomeing one of the true standard bearers for the authoritative reviewing of all types of titles including those related to law. According to their website, Kirkus currently reviews about 5,000 titles per year “with the idea of of providing Kirkus regulars (librarians, newspaper editors, agents, film producers, booksellers, and those throughout the book world in general) with professional, informative, and impartial descriptive evaluations of forthcoming titles, and to do so on a timely basis.”

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BY: David Badertscher*

I have been following with great interest recent discussion on listservs and in the literature regarding a perception that libraries are becoming less relevant in a technologically-oriented society that relies increasingly on “instant gratification”(achieved largely through online searching and related techniques).

Technology is wonderful, and I think should it should be embraced, but not at the expense of alternative tools and methods that produce better results and may be more cost effective. If they are to accomplish their mission and remain relevant over time to their parent organizations, libraries must always be prepared to use a variety or mixture of techniques and materials, both technical and non-technical, to achieve results that are accurate, timely, efficient, cost effective, and deemed by patrons and managers to be trustworthy. The alternative is to increase the risk of libraries being perceived as no longer capable of meeting growing expectations and thereby becoming possible candidates for eventual closure.

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There are a variety of webcasts of lecture series both law-related and general interest available from courts, law libraries, public libraries, and other organizations. Below is a non-comprehensive listing of links to transcripts and related videos (if available) of various types of programs compiled by our Senior Law Librarian for Public Access, Theodore Pollack. These programs are free and accessible via the Internet.

New York Court of Appeals webcasts of lectures and arguments:

http://www.nycourts.gov/ctapps/crtnews.htm

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Volume 2 Number 12 December 2009.

Automatic Software Updates and Patching
From the Desk of David Badertscher
Security vulnerabilities are flaws in the software that could allow someone to potentially compromise your system. Each year, the volume of software security vulnerabilities discovered increases, and the hacking tools available to exploit these vulnerabilities become more readily available and easier to use. Vulnerabilities in commonly used programs such as Adobe PDF Reader, QuickTime, Adobe Flash and Microsoft Office are prime targets of attacks on computers connected to the Internet. Recent statistics reported show that 48% of the cyber attacks identified in the second quarter of 2009 were targeted against vulnerabilities in Adobe Acrobat/Adobe Reader1 and in October 2009 Microsoft released patches for a record number of security holes. No entity is immune to vulnerabilities, so we must ensure we understand the risks and take appropriate mitigation steps.

Why do I need to update my software?

One of the basic tenets of computer security is to update your operating system and other software installed on your computer. Software updates fix problems in the software, add functionality, and most importantly, fix vulnerabilities that impact the security of the software and subsequently your computer. These vulnerabilities can lead to your computer-and information that resides on it-being compromised. Exploitation of vulnerabilities may occur by opening documents, viewing an email which contains malicious code or visiting a web site hosting malicious content. Seventy percent of the top 100 web sites hosted malicious content or contained a link designed to redirect users to malicious sites.2
What is a software patch (fix) and when should I install software patches?

Patches are often called “fixes.” A patch is software that is used to correct a problem to an application (software program) or an operating system. Computer companies are continuously addressing security holes (i.e. vulnerabilities) in computer software which could be used to infect your computer with a virus, spyware or worse. When vulnerabilities are discovered, the software vendor typically issues a fix (i.e. patch) to correct the problem. This fix should be applied as soon as possible since the average time for someone to try to exploit this security hole can be as little as a few minutes. Most major software companies will periodically release patches, usually downloadable from the Internet, that correct very specific problems in their software programs.

My computer includes hundreds of software programs– which ones do I need to update and how often?

One of the challenges facing the average computer user is to know which software needs to be updated and how often. Software programs that communicate or interact with the Internet are especially susceptible to attacks and should be kept at a vendor-supported version and current on all patches.

Many software programs include a feature called “auto update.” This feature allows the computer to check for updates at periodic intervals. The software will automatically check for updates and save them to your computer. Some updates will instruct you to “reboot” your computer before the software update can be applied.

At a minimum, you should enable the auto update feature on the following products:

Anti-virus and Anti-spam signatures: anti-virus and anti-spam software requires regular updates to virus and spam signatures to remain effective. New viruses and other types of malware appear every day and the anti-virus/anti-spam vendors release new signatures on a daily basis to stay on top of the new threats. Windows Office software: Word, Excel, Outlook, etc. – (see below for updating Windows software) Internet Browsers: e.g., Internet Explorer (Microsoft), Firefox (Mozilla), Safari (Apple) and Chrome (Google). Make sure you update any software you use for browsing the Internet. Adobe products: e.g., Adobe Reader, Adobe Acrobat, Flash, Shockwave Media Players: e.g., Windows Media Player (Microsoft), QuickTime (Apple), Real Player (Real Networks) and Flash Player (Adobe)

Java (Sun Microsystems): Java is software that is installed on most computers to allow users to play online games, conduct online chats, and view images in 3D, among other functions. It is also used for Intranet applications and other e-business solutions. Other software programs that communicate or interact with the Internet, like e-mail, web servers, and remote desktop software are especially susceptible to attacks and should be kept current on patches and version levels.

It is very important to promptly download and patch your operating system and programs whenever security updates or “service packs” become available. These patches are created to protect systems against potential attacks. Be aware that attacks sometimes occur before updates are released.

How do I update my Microsoft Windows programs?

Windows Update is a Microsoft service that provides updates for the Windows operating system and other Microsoft software. Installing Windows updates, such as “service packs” and other patches, is necessary to keep your Windows system secure. To activate Windows Update, go to Settings/Control Panel/Automatic Updates. When you turn on Automatic Updates, Windows routinely checks the Windows Update web site for high-priority updates that can help protect your computer from the latest viruses and other security threats. These updates can include security updates, critical updates, and “service packs.” Depending on the setting you choose, Windows automatically downloads and installs any high-priority updates that your computer needs, or notifies you as these updates become available. Be sure to set the auto updates to daily, as patches can be released at any time.

Note: Many organizations have formal processes to patch systems that will automatically update all appropriate software. In these situations, no end user action is required.

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Source: 1. F-Secure
Source: 2. SC Magazine
The above comments are based on information tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to http://www.msisac.org/
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December-14-18, 2009.

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

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U.S. 1st Circuit Court of Appeals, December 17, 2009 Mosher v. Nelson, No. 09-1636 In plaintiffs’ civil rights action brought following the death of their son against a facility operated by the Massachusetts Department of Corrections that serves as both a prison and a mental hospital, its superintendent, and others, summary judgment for defendants is affirmed where: 1) defendant-superintendent is entitled to qualified immunity as a reasonable official in defendant’s place, given the circumstances and the legal standard, could have believed that allowing a certain practice to continue would not lead to events that would violate a patient’s rights; 2) commissioner is also entitled to qualified immunity as a reasonable official in his position could have reasonably believed that staffing that met the hospital’s recommendations was sufficient to avoid constitutional violations; and 3) the district court properly dismissed the plaintiffs’ state law claims as barred by the Eleventh Amendment. .

U.S. 2nd Circuit Court of Appeals, December 16, 2009 US v. Hester, No. 08-4665 Defendant’s conviction for traveling in interstate commerce and failing to register or update his sex offender registration in violation of the Sex Offender Registration and Notification Act (SORNA) is affirmed where the fact that defendant had no actual notice of SORNA was not sufficient to render his prosecution pursuant to that statute a violation of his due process rights.

U.S. 2nd Circuit Court of Appeals, December 18, 2009 Turkmen v. Ashcroft, No. 06-3745 In an action claiming abuse, mistreatment, and detention of Arab and Muslim aliens who were held on immigration violations in the wake of the terrorist attacks of September 11, 2001, an order partially dismissing the complaint is affirmed in part where there was no clearly established equal protection right to be free of selective enforcement of immigration laws based on national origin, race, or religion at the time of plaintiffs’ detentions. However, the order is vacated in part where defendant-officials were entitled to qualified immunity because a law enforcement official’s actual motivation for the Fourth Amendment seizure of a person was constitutionally irrelevant if the seizure was supported by probable cause.
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A report prepared by New York Governor David Paterson’s Task Force on Transforming Juvenile Justice released in December 2009. It “shines a harsh light” on the problems in New York’s prisons for juvenile offenders
According to this Report, ” the problems are so acute that the state agency overseeing the prisons has asked New York’s family court judges not to send youths to any of them “unless they are a significant risk to public safety,” recommending instead alternatives like therapeutic foster care.”

This Report comes three months after a federal investifgation found that excessive force was routinely used at the four New York prisons, “resulting in injuries as severe as broken bones and shattered teeth.”

Although we are not authorized to include in this posting a draft copy we have seen of the Report, the following is an excerpt from the Executive Summary>
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February 29, 2008

A number of people who have distinguihed themselves in the legal profession have also been quite successful as poets. Wallace Stevens comes to mind. That brings me to the poetry of Professor Lawrence Joseph, Reverend Joseph P. Tinnelly, C.M. Professor of Law, which was the subject of the 2008 Law and Literature Symposium, “Some Sort of Chronicler I Am: Narration and the Poetry of Lawrence Joseph,” on February 29, 2008, at the University of Cincinnati College of Law. The Symposium was put together by the University of Cincinnati Law Review. Professor Joseph was joined in the Symposium by a group of distinguished legal and literary scholars who used Professor Joseph’s poetry as a starting point to explore the nature of narration in poetry and its relationship to the language of law, and other forms of narration and language. The Symposium has been published in 77 Cincinnati Law Review. Number 3 Spring 2009. To help illustrate the depth and range of topics covered in the Symposium, here is al list of papers and their contributors included in the 77 Cincinnati Law Review symposium issue:

Narrating Justice ….. Joseph P. Tomain

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We just received word about the outcome of the vote on the proposal to change the name of Special Libraries Association (SLA) to the Association for Stategic Knowledge Professionals. The name change proposal stemmed from the findings of the Alignment Project, an intensive two year research effort aimed at understanding the value of the information and knowledge professionals in todays environment and how to communicate that value.

Although not a member of SLA, I have followed developments related to this issue on the SLA listserv and have been very impressed with both the dedication and passion exhibited by the SLA membership.

As for the outcome, I think this is good news. As a professional librarian (an information and knowledge professional) I am very concerned about libraries and librarianship being viable now and remaining so in the future. An important part of that viability, it seems to me, relates to the essential need for libraries and librarians to maintain a clear identity as the preeminent information and knowledge professionals in the world, both now and in the future. There is a danger that proposals such as the one we are discussing here will, if ratified, result in a dilution of that identity and by extension diminish the perceived value of librararies and librarians (whatever their names) in the marketplace as compared to other organizations and occupations that are somewhat comparable. I commend the SLA membership for its decision.

David Badertscher
Here is a note from SLA Headquarters concerning the outcome of the vote of the SLA membership:
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