Articles Posted in Library Technical Services

Posted by : Joni L. Cassidy, Cassidy Cataloguing Services, Inc. 3/17/10

DEFINITION OF TERMS:

OCLC WorldCat – the union database of bibliographic and authority records contributed by member libraries, the Library of Congress, the National Library of Medicine, the National Agriculture Library, the U.S. Government Printing Office and several other national libraries from around the globe. Records are accessible to all OCLC members.

Robert C. Richard, Editor in Chief of Vox PopoLII reports thatSarah Rhodes has just published a terrific new overview of digital legal preservation, entitled “Preserving Born-Digital Legal Materials…Where to Start?” on Cornell’s VoxPopuLII blog. The post addresses core concerns, as well as emerging issues, and provides a thorough and accessible view of the field. He thinks it will prove a very rewarding resource for novices and experienced preservation professionals alike.

The Journal:

Criminology is a journal, published quarterly, devoted to crime and deviant behavior. Disciplines covered include sociology, psychology, design, systems analysis, and decision theory. Major emphasis is placed on empirical research and scientific methodology. The journal’s content also includes articles which review the literature or deal with theoretical issues stated in the literature as well as suggestions for the types of investigation which might be carried out in the future. It is published by John Wiley & Sons, Inc. on behalf of the American Society of Criminology.

Contents of Current Issue:

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)
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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.

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

On October 9, 2009 an Op-Ed article, A LIBRARY TO LAST FOREVER, by Sergey Brin, Co-Founder and President, Technology of Google Inc. was published in the New York Times.in which he discusses Google’s rationale for their book project. For the informaation I am including in this post the two final paragraphs of his article, a link to the article itself, and some randomly selected comments in response to his article. Accoring to Mr. Brin: “Google’s books project is a win-win for authors, publishers and Google, but the real winners are readers, who will have access to an expanded world of books” Others are not so sure.

FINAL TWO PARAGRAPHS:

“In the Insurance Year Book 1880-1881, which I found on Google Books, Cornelius Walford chronicles the destruction of dozens of libraries and millions of books, in the hope that such a record will “impress the necessity of something being done” to preserve them. The famous library at Alexandria burned three times, in 48 B.C., A.D. 273 and A.D. 640, as did the Library of Congress, where a fire in 1851 destroyed two-thirds of the collection.

Histories of libraries are important because they help to both validate the existence of libraries and authenticate their records of service over time. This is why we are so grateful to our colleague Julie Gick for writing and granting us permission to post her meticulously researched article, HISTORY OF THE NEW YORK COUNTY SUPREME COURT LIBRARIES, on this blog. It includes information about both the Civil Term and the Criminal Term libraries of the New York County Supreme Court and certainly meets the criteria mentioned above regarding the importance of library histories. We encourage you to read this very informative and entertaining article
David Badertscher.

Note: This article has been updated to include additional information provided by the author on October 27, 2008

History of the New York County Supreme Court Libraries

BY Julie Gick*

Beginnings
The New York County Supreme Court Law Library’s enabling statute was Chapter 722, Laws of 1865, effective May 12, 1865, although Griswold gives a starting date of 1852. (1)
The library was first known as the New York Law Library, and justices of the Supreme Court of the First Judicial District were its trustees.

The statute required trustees of the State Library to place in the new library any duplicate books in their possession which they deemed proper and the Clerk of the Court of Appeals was required to send one copy of the printed cases and points in all Court of Appeal cases. Any person who willfully injured any of the books, furniture or property of the new library was guilty of a misdemeanor. The sum of $5000 was appropriated for the use of the library. In 1879 the librarian’s salary was $1,500. The New York Times expressed concern about the court’s expenditures. (2)

Buildings

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The law library was first located at 32 Chambers Street. This building is variously known as the Court of General Sessions, Marine Court and City Court. (3) The architect may have been John McComb,Jr. who designed the new City Hall and other buildings in the area.

52chambers.jpg

Architects John Kellum and Leipold Eidlitz designed the Tweed Courthouse, 52 Chambers Street at an estimated cost of $11-12 million. Also known as the Old New York County Courthouse, the library relocated to this new facility when it was completed in 1881. Over the years the library served as a lounge room, reference room, and sometimes as a courtroom. Although a handsome edifice the courthouse suffered from inadequate space and unsanitary conditions. The deaths of several justices and many clerks and court officers had been attributed to a malodorous and pestilential atmosphere pervading certain courtrooms. (4)

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After the appellate branch was created effective January 1, 1896, the books and the Supreme Court librarian were assigned to the new court’s temporary quarters on the third floor at 111 Fifth Avenue corner of 18th Street. The Supreme Court Library was replaced by books from other courts, and an assistant librarian was hired to maintain its collection. In 1900 the Appellate Division 1st Department moved to its present quarters at 27 Madison Avenue. James B. Lord was the architect. He completed the building under budget for approximately $630,000. He died of a lingering illness said to be directly caused by a court proceeding. (5)

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In 1907 the Emigrant Industrial Savings Bank, located at 49 Chambers Street, purchased the adjoining property at 43 – 47 Chambers Street. An architect named Raymond F. Almirall was hired to design a new building for the entire expanded lot. This was completed in 1912. At seventeen stories it was one of the tallest of the early skyscrapers in the downtown area. On March 15, 1912 the justices of the Supreme Court decided to move their offices and the library to this building. The library was located on the 12th floor. It was 25 x 100 feet and contained 5110 feet of shelving. (6)

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The present day New York County Courthouse, 60 Centre Street, was completed in 1927 at an estimated cost of $30,000,000. It was modified into a hexagonal structure from the original plan. The architect was Guy Lowell who in 1913 won a competition for his striking circular design. A week before the scheduled opening, Mr. Lowell died suddenly in Madeira, Spain. This is the home of the Supreme Court Civil Term Law Library. (7)

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The New York County Supreme Court Criminal Term Law Library is located in the Criminal Courts Building. This edifice was completed in 1938 at a cost of $14 million, and was designed by architects Wiley Corbett and Charles B. Meyers. Until the merger in 1962 the Law Library served as the library for the Court of General Sessions which had its own impressive history. The first Presiding Judge (then called a Recorder) was James Graham who served from 1683 to 1688. At the time it was discontinued and made part of the Supreme Court in 1962, the Court of General Sessions was known as the oldest continuously functioning criminal court in the United States. (8)

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Prior to the creation of the 12th Judicial District Bronx Supreme Court Library was a part of the New York Supreme Court 1st JD. The courthouse was built in 1933 at a cost of $8 million and designed by Max Hausel and Joseph H. Freedlander. It is also known as the Mario Merola Building. (9)

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The New York County Courts Public Access Law Library opened February 14, 1995 and provides legal materials and information to the public. It is located at 80 Centre Street. The building, completed 1928-1930 at a cost $6 million was designed by William E. Haugaard, the state architect, under a height restriction so that it would not overshadow the nearby courthouses. (10)
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