Articles Posted in Commentary and Opinion

The eNewsletter of the American Library Association (ALA): July 23, 2008.

Child Online Protection Act gets third strike

“After a decade of federal litigation and two decisions that were returned to lower courts from the Supreme Court for further review, the Third Circuit Court of Appeals July 22 unanimously declared unconstitutional for the third time the Child Online Protection Act of 1998 on First and Fifth Amendment grounds. ‘The government has no more right to censor the internet than it does books and magazines,’ Chris Hansen, ACLU senior staff attorney, remarked after the ruling was handed down….”

QUESTION:

“My library’s board just learned of a plan to move our library from our wonderful space in the county courthouse, to some undecided space in another building (yet to be considered). We barely managed to stall a vote on the decision yesterday, and have just till Monday for the next meeting and vote. The County wants to convert our space to a jury room.”

“I wonder how those of you who moved from the courthouse have fared? I would appreciate any letters/messages expressing your experiences, thoughts, or ideas of help. We’re rallying as much help from all sources as possible”

BY Christina Laun

From the Introduction:

“Libraries aren’t just musty places to store books with librarians shushing anyone who makes a peep. They’ve become much more than that and the modern library is often home to sleek architecture and the latest technology. These 25 libraries, in no particular order, demonstrate how libraries have become part of the cutting edge of information management, design and Web technology, and all of them can help you get some ideas on how to bring your library into the future.”

In their article in Criminal Justice ( “Miranda Rights…And Wrongs”,23 Crininal Justice 5-9 Summer 2008) Richard Rogers, Danies W. Shuman and Eric Drogin discuss seven myths upon which they believe”..the interpretation and application of Miranda” still rest. Here in abbreviated form are the seven myths they discuss:

Myth #1: Everyone Already Knows the Miranda Warnings

“…The criminal justice system needs to accept the falsity of the notion that ‘ everyone already knows Miranda‘ in order to begin dertermining what to communicate, how to communicate, and what to access on an individual basis”.

The e-Newsletter of the American Library Association – July 16, 2008:

Colorado book thief sentenced

“Thomas Pilaar, 34, who pleaded guilty in May to stealing thousands of items from Denver Public Library and the systems in nearby Aurora, Arapahoe County, and Douglas County, was sentenced July 8 to 10 years in prison and $53,549 in restitution. Pilaar took about 1,400 books and DVDs by checking them out on his own and other people’s library cards…”

“OCLC has announced a new OCLC Minority Librarian Fellowship program designed to provide a unique opportunity for aspiring library professionals from historically underrepresented groups. The 12-month program offers the selected Fellow two 90-day assignments within specific divisions of OCLC, and one six-month assignment with a specific operating unit within the OCLC organization. Applications will be accepted between July 15 and August 29..”

.Georgia State: Online course reserves are fair use

I”n a closely watched copyright-infringement lawsuit, Georgia State University fired back at its accusers, three academic publishers who say the institution invites students to illegally download and print readings from thousands of works. The university asserts that its online distribution of course material is permitted under copyright law’s fair-use exemption. Georgia State made its case in papers filed June 24 in U.S. District Court in Atlanta…”

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.

David Badertscher*

How trustworthy are state-level primary legal resources on the Web? The American Association of Law Libraries (AALL) published the State-by-State Report on Authentication of Online Legal Resources (Authentication Report) that answers this very important and timely question. The comprehensive report examines and draws conclusions from the results of a state survey that investigated whether government-hosted legal resources on the Web are official and capable of being considered authentic. The survey was conducted by the Access to Electronic Legal Information Committee of AALL. The principal authors and editors of the comprehensive report were Richard J. Matthews, Editor in Chief of the 2005-2006 Access to Electronic Legal Information Committee and Mary Alice Baish, Executive Editor, AALL Washington Affairs Office; volunteer authors were responsible for sections within the comprehensive report devoted to individual states. The survey and comprehensive authentication report could not have been completed without their efforts.

The Authentication Report follows the publication in 2003 of AALL’s State-by-State Report on Permanent Public Access to Electronic Government Information that researched and reported what, if anything, state governments were doing to meet the enormous challenges of ensuring permanency and public accessibility of government information on the Web. The Permanent Public Access Report raised national awareness and encouraged states to take steps to ensure permanent public access to electronic state government information. As a result, several states have enacted legislation requiring permanent public access.

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