Commentary and Opinion

January 29, 2009

Brief Summary of American Library Association Midwinter MARBI Meetings

George Prager, Head of Cataloging at New York University Law School Library has sent his summary of the ALA Midwinter MARBI meetings to members of the American Association of Law Libraries Technical Services Special Interest Group. With his permission I am also posting it here along with his opening comments:

COMMENTS:

I have added a brief summary of each proposal and discussion paper presented at the American Library Association Midwinter MARBI Meetings, whhich took place January 24-25, 2009. A more detailed analysis of the papers will be available in my 2008/2009 Annual report, which will appear on the TSIS Website shortly before the AALL 2009 Annual Meeting, and later in TSLL.

January 28, 2009

What To Do With An Oil Painting Found in Judge Brieant’s Chambers?

by David Badertscher

In a January 28, 2009 New York Times article, “Hang Him Up? The Bad Judge and His Image”, Benjamin Weiser describes a debate that has arisen in a New York Courthouse over whether the portrait of a disgraced judge should continue to be displayed or thrown in a closet.

To read the story click on the link below to the article:

http://www.nytimes.com/2009/01/28/nyregion/28portrait.html?partner=permalink&exprod=permalink

January 27, 2009

New York Times: A Tool to Verify Digital Records, Even as Technology Shifts

by David Badertscher

The above titled January 27, 2009 article by John Markoff, published in the New York Times is relevant because it discusses digitization, preservation and authentication of records (and by extension information) in terms of continuously preserving these qualities in an authentic state as the underlying technology constantly changes or “shifts” over time, thus taking into account and emphasizing the importance of both the initial authentication of information in accordance with accepted polices and practices and the urgency of maintaining that authenticity over time. In terms of this discussion the question for law librarians and others throughout the legal profession working with digital legal information is how to best provide assurance that primary and other legal information officially authenticated at a given time can be safely perceived as remaining reliably authentic over a much longer period of time in the midst of these constant shifts? Since John Markoff’s article may help us at least clarify these issues I wanted to share it with you.

David Badertscher

Here are some excerpts:

January 27, 2009

Results from Marshall Breeding’s 2008 Library Automation Survey

by David Badertscher

In case you missed it, the results from the 2008 version of Marshall Breeding’s Library Automation Survey are available at http://www.librarytechnology.org/perceptions2008.pl. This Survey is international in scope. There were 1,450 responses.

January 23, 2009

U.S. Presidential Memoranda: Freedom of Information Act (FOIA) and Open Government*

by David Badertscher

January 21, 2009,

President Obama also released the following Memoranda on January 21: “the Memorandum on the Freedom of Information Act, which re-establishes a presumption of openness under FOIA and orders the Office of Management and Budget to ‘update guidance to the agencies to increase and improve information dissemination to the public,’ and the Memorandum on Transparency and Open Government, which lays out several ways in which the new Administration will ‘work together to ensure the public trust and establish a system of transparency, public participation, and collaboration.’ ” Both address issues of longtime inerest and concern to the American Association of Law Libraries

THE WHITE HOUSE

January 14, 2009

New York: Jonathan Lippman Has Been Nominated by Governor David Paterson to Serve As the Chief Judge of the New York State Court of Appeals

by David Badertscher

Governor David Paterson has nominated Jonathan Lippman, currently presiding justice in the Appellate Division First Department of the State Supreme Court, to fill the chief judge’s post that was vacarted when Judith Kaye retired. See Press Release announcing the nomination.

January 14, 2009

Seeking Funding Ideas for Court*

by David Badertscher

QUESTION:

We as a court are in the process of looking under every rock for potential funding sources. To that end we are interested in getting ideas and tips about short- or long-term legislation and policies around the nation that have provided directed funding to court programs or projects. Specifically, temporary filing fee assessments, temporary fine enhancements, fees for ongoing technology improvements, etc… We intend to use these as ammunition for similar funding should that possibility exist or become necessary during our legislative process. The sky is the limit here and we are looking for ideas so any thought would be helpful.

RESPONSE

January 14, 2009

Proposed Democratic Senate Committee Assignments for 111th Congress

by David Badertscher

On December 22, 2008 we posted a list of House committee assignments preferred by many freshman in the 111th congress.

Although we have heard nothing more about House commitee assignments, we have heard from the Senate. Senate Majority Harry Reid has announced a partial list of the committee assignments he anticipates members of the Democratic Caucus will hold during the 111th Congress. As required by Senate rules, Senator Reid will meet with the Republican Leader to finalize the make-up of each Committee. For additional information including the anticipated committee assignment click on the link below
Partial List of Democratic Senate Committee Assignments Proposed for the 111th Congress

January 9, 2009

Illinois Governor Rod Blagojevich: Proposed Report of the Special Investigation Committee

by David Badertscher

See the Proposed Report of the Special Investigation Committee of the Illinois House of Representatives regarding the possible impeachment of Governor Rod R. Blagojevich.

January 9, 2009

Summary of Recent Decisions Regarding Investigatory Stops

by David Badertscher

From: Quinlan Law Enforcement eNews Alert, January 8, 2009.

Encounter between officer and defendant in parking lot of convenience store was consensual

“An encounter between a police officer and a defendant, as the defendant was walking to his car at a convenience store, in which the officer asked the defendant if he had anything was illegal, was consensual thus did not violate the defendant’s Fourth Amendment rights. A police car had parked 12 feet behind the defendant’s car. The four officers on the scene were uniformed and the officer did not advise the defendant that he was free to leave. However, the encounter occurred in view of other patrons, and the officer did not touch the defendant until after he stated that he had a gun. Furthermore, only one of the officers approached the defendant, and the officer did not use an antagonistic tone.”