Libraries are bridges to information and knowledge.

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A program presented by the state trial judges during the 2010 Annual Meeting of the American Bar Association in San Francisco at the Marriott Marquis On August 5, from 1:30-4:30 p.m..

Attendees registered for the 2010 ABA Annual Meeting are invited to join the National Conference of State Trial Judges for an in-depth look at search and seizure of digital evidence and the Fourth Amendment implications. This program is designed to provide an understanding of the sources and types of digital evidence encountered in modern litigation, including the introduction of meta data; examine the approaches courts take to address the search and seizure of digital evidence; explore cutting-edge issues such as search and seizure considerations with cell phones, e-mails, virtual worlds, and the like; and discuss judicial management of cyber-crime cases.

The program will end with a final segment titled “Technology Tools for Judges,” that focuses on digital tools available for judges to use while dealing with electronic documents and data, and metadata, now so prevalent in the courts. Participants will learn the components of Knowledge Management systems, how security issues have been treated, and the relative merits of generic search systems vs. legalspecific systems.

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Many of us just learned the sad news that Nylink, which has served New York State Libraries for 37 years, is phasing out its operations and will be closing in one year. We understand that Nylink will be closing its operations primarily due to a steep decline in its revenue stream which has seriously degrated Nylink’s ability to remain fully self supporting and continue delivering an acceptable level of service to its members beyond this period. Throughout the years many of us have come to rely on Nylink for its sustained high level of dedicated, personalized service. Nylink will be missed. We wish the employees a good 12 months and every success in the future

David Badertscher

For additional details see:

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May 2010 (Vol. 5)

Excerpt from message of Chair,Charles Hynes:

The ABA Criminal Justice Section is the national entity that brings all the players in the criminal law arena together to address critical issues for the field. The focus of the Section is not only on policy development concerning those critical issues, but also on designing collaborative practical projects that help forge solutions to those systemic problems at the local and national levels. Our work on reentry and on the disparate racial impact of the criminal justice system are but two examples of how the CJS has developed cutting edge policy coupled with consequential project work. We are currently working on a project to address issues raised by the U.S. Supreme Court Padilla decision and have already developed a web resource page to assist attorneys in complying with the decision. Further, former Chair Stephen Saltzburg is forming a Task Force on Padilla which will strengthen resources to support the ability of defense lawyers to comply.

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Sarah J. Rhodes, Digital Collections Librarian at the Georgetown University Law Center writes: “The Chesapeake Project Legal Information Archive, now in its third year, is pleased to welcome a new law library partner. See the announcement below.”

ANNOUNCEMENT: HARVARD LAW SCHOOL LIBRARY JOINS THE CHESAPEAKE PROJECT LEGAL INFORMATION ARCHIVE.

Cambridge, Mass. (May 9, 2010)–As the first annual National Preservation Week begins, the Chesapeake Project Legal Information Archive is pleased to announce that its digital preservation efforts are expanding with the addition of a new partner library, the Harvard Law

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Many thanks to Luis Acosta of the Library of Congress for forwarding the following:

Elena Kagan Nominated to the Supreme Court: http://go.usa.gov/ieT

On April 9, 2010 Justice John Paul Stevens announced that he would retire after nearly 35 years on the bench of the U.S. Supreme Court. President Obama announced the nomination of Solicitor General Elena Kagan to replace Stevens on May 10, 2010. This is President Obama’s second nomination to the nation’s highest court, following his selection of Justice Sonia Sotomayor in May 2009. Notably the first female Solicitor General and first female dean of Harvard Law School, if Kagan is confirmed, she will also be the fourth woman to serve on the Court.

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QUESTION:

On behalf of the California Administrative Office of the Courts, we would like to know if there are any courts in the United States that “sell” delinquent court-ordered fines, fees, penalties, and assessments. In specific, we are looking for criteria, and private vendors used, including pricing structure.

RESPONSES:

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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
May 6, 2010
ADMINISTRATIVE LAW, CIVIL PROCEDURE, CLASS ACTIONS, FAMILY LAW, GOVERNMENT LAW City of N.Y. v. Maul, No. 65 In an action concerning the alleged failures of the New York City Administration for Children’s Services (ACS) and the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) to fulfill their statutory and regulatory duties with respect to certain children in ACS’s foster care system, the appellate division’s order affirming the trial court’s order certifying a class is affirmed where the appellate division identified four common allegations that transcended and predominated over any individual matters, which tended to establish a de facto policy followed by ACS of delaying the receipt of services as a result of its practices.

CIVIL RIGHTS, LABOR & EMPLOYMENT LAW Zakrzewska v. The New School, No. 62 In an action asserting claims for sexual harassment and retaliation under the New York City Human Rights Law (NYCHRL), in which the Second Circuit certified to the Court of Appeals the question of whether the affirmative defense to employer liability articulated in Faragher v City of Boca Raton, 524 US 775 (1998) and Burlington Industries, Inc. v Ellerth, 524 US 742 (1998) applied to sexual harassment and retaliation claims under section 8-107 of the New York City Administrative Code, the court responded in the negative where subdivision 13 of section 8-107 of the NYCHRL created an interrelated set of provisions to govern an employer’s liability for an employee’s unlawful discriminatory conduct in the workplace, and this legislative scheme simply did not match up with the Faragher-Ellerth defense.
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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
May 3-7, 2010
U.S. Supreme Court, May 03, 2010 Renico v. Lett, No. 09–338 In a murder prosecution, a grant of petitioner’s habeas petition is reversed where it was reasonable for the Michigan Supreme Court to determine that the trial judge had exercised sound discretion in declaring a mistrial, and thus the state court’s decision was not an unreasonable application of clearly established federal law under a proper application of the AEDPA’s deferential standard of review. .

U.S. 1st Circuit Court of Appeals, May 03, 2010 US v. Guzman, No. 08-1693 Conviction and life sentence of defendant for his role in an arson that killed a mother and her infant daughter are affirmed where: 1) there was no error in the denial of defendant’s motion to suppress statements made to ATF agents; 2) there was no error in the court’s exclusion of hearsay statements offered by defendant and limits on cross-examination; 3) district court correctly found a jurisdictional nexus with interstate commerce; and 4) defendant was properly sentenced as the district court’s failure to explain the sentence was not plain error, correctly applied the sentencing guidelines and the life sentence was substantively reasonable.

U.S. 1st Circuit Court of Appeals, May 03, 2010 US v. Aranjo , No. 08-2307 Convictions of a former CEO of a federal credit union and her husband for conspiracy to embezzle and to make false entries, and other related crimes, are affirmed where: 1) the defendants’ Batson claims are rejected as district judge did not clearly err in accepting the proffered reasons with respect to the government’s peremptory challenge of an African-American juror; and 2) the husband’s remaining claims are rejected as sufficient evidence supported his convictions.
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