Articles Posted in Library Organization and Planning

GungaWeb is an online tool that assists analysis of New York criminal cases with respect to sentencing, lesser included offenses, plea bargaining restrictions, charging and offense elements.

Detailed sentencing reports for all Penal Law offenses plus DWI and,now for 2009, Aggravated Unlicensed Operation of a Motor Vehicle (VTL511). Dynamic detailed and summary reports of lesser included and greater inclusory offenses. Commentary on pertinent legislative amendments included.

Current subscribers include over 100 New York judges and law clerks.

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
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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

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)
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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)
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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)
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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

With funding from the Bill & Melinda Gates Foundation to the National Center for State Courts, the Center-hosted Self-Represented Litigation Network, in cooperation with the Legal Services Corporation, is presenting:

A Training on Public Libraries and Access to Justice January 11-12, 2010, Austin, Texas

Information on Application Process

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.

The Maryland Authentication Working Group and the print discontinuation of the Maryland Register are both discussed in the following e-mail from Joan M Bellistri, a member of the Working Group:

The AALL Maryland Authentication Working Group has been created. Ideally, this working goup would have been formed before there were any issues in Maryland but we now have the immediate issue of the conversion of the Maryland Register to pdf distribution only. The Working Group is composed of librarians from court, academic and firm libraries and consists of Joanne Colvin, President of LLAM, Janet Camillo, Chair CMCLLD, Pat Behles, Carol Mundorf, Andy Zimmerman, Steve Anderson and myself. We hope to be adding members from the public library government docs community and the academic libraries and the Maryland State Bar Association. The ultimate purpose of the group would be to monitor

Maryland’s legal resources in terms of e-life cycle management (authentication, permanent public access and preservation) and work to educate the appropriate officials about the importance of these issues through the creation of a policy paper as a follow up to the

A Report from the Congressional Research Service (CRS) prepared by R. Eric Petersen, Analyst in American National Government November 5, 2009.*

Summary

Periodically, concerns have been raised about the number and variety of products created to document congressional activity. Other concerns focus on the process for authorizing and distributing printed government documents to Members of Congress, committees, and other officials in the House and Senate. These concerns reflect broader issues related to the manner in which government and private information is created, assembled, distributed, and preserved in light of the emergence of electronic publishing and distribution.

I was delighted to receive the following e-mail this morning from Camilla Tubbs, Chair of the American Association of Law Libraries (AALL) because it illustrates how librarians are working together to provide an improved information environment for the benefit of us all –librarians and non-librarians alike. Clearly these are the types of initiatives that need to be shared with our readers.

Some of the links below may be accessible only to members of AALL but others are potentially valuable research links which should be accessible to all. We encourage readers to comment. Anyone can send comments and provide other feedback directly from this posting. Those who are members of AALL and its Chapters can also subscribe to the Library Advocacy listserv at http://www.aallnet.org/aallwash/aalladvocsubscribe.asp and post directly from there. Without further discussion from me here is Camilla’s e-mail. I am greateful for her permission to publish. David Badertscher.

From: Camilla Tubbs

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

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