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Update from the Lexis Alert Service,

May 20, 2009:.

1. People v. McDonald, 157, 5982/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2287; 60 A.D.3d 553; 2009 N.Y. App. Div. LEXIS 2233, March 26, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Carol Berkman, J.), …

2. People v. Batista, 163, 5636/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2292; 60 A.D.3d 557; 874 N.Y.S.2d 808; 2009 N.Y. App. Div. LEXIS 2229, March 26, 2009, Decided, March 26, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Bonnie G. Wittner, …

3. People v. Ramirez, 168, 6600/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2296; 60 A.D.3d 560; 875 N.Y.S.2d 482; 2009 N.Y. App. Div. LEXIS 2235, March 26, 2009, Decided, March 26, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Edwin Torres, J.), …

4. People v. Pequero, 143, 1348/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2242; 60 A.D.3d 542; 2009 N.Y. App. Div. LEXIS 2418, March 24, 2009, Decided, March 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Bonnie G. Wittner, …

5. People v. Cantey, 120, 2132/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2228; 60 A.D.3d 533; 874 N.Y.S.2d 805; 2009 N.Y. App. Div. LEXIS 2259, March 24, 2009, Decided, March 24, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Lewis Bart Stone, …
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Late in October 2008 rumors were circulating around the lbrary community that OCLC was in the process of updating its Guidelines for the Use and Transfer of OCLC Derived Records These rumors proved true; OCLC published its new policy on Sunday November 2, 2008. The reaction to these changes was sufficiently “swift and harsh” that on November 19, 2008 OCLC removed the original updated version and released a second updated version on November 19. Since that time reaction has continued to be animated, resulting in a continuing series of meetings, proposed changes, commentaries etc.

What is the present status of this discussion? To help answer that question Phyllis Post, who attended the May 2009 OCLC Members Council Meeting where a presentation was made by OCLC, has provided a brief but most helpful update which I received as an e-mail. With the permission of Phyllis I am posting her message below:

Colleagues,

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The Justice Policy Institute, an advocacy organization based in Washington DC, has just issued a report, Pruning Prisons: How Cutting Corrections Can Save Money and Protect Public Safety, which argues that states can improve public safety and save millions of dollars by investing in community based alternatives to incarceration. Quoting from the Introduction: “as the United States grapples with harsh economic realities, states and localities continue to cut budgets, shed jobs, and trim institutions that are not cost effective. Among the least cost effective are prisons and jail systems. Bulding on these observations the remainder of the of the report outlines a number of findings and recommendations supported by charts and other data .

More from the Introduction:

The United States’ prison system continues to grow every year. Over 2.3 million people are incarcerated in U.S. prisons and jails. As state prisons hold nearly 60 percent of the people incarcerated, yearly increases in the prison system are most keenly felt by states.

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In a recent e-mail Robert Richards, a Law Librarian and Legal Information Consultant from Philadelphia, mentions a recent Associatiion of Research Libraries (ARL) preservation report, “Safeguarding Collections at the Dawn of the 21st Century: Describing Roles & Measuring Contemporary Preservation Activities in ARL Libraries,” http://www.arl.org/bm~doc/safeguarding-collections.pdf .. More details are at http://www.arl.org/news/pr/preservation-14may09.shtml The report is organized around three main sections: Preservation Functions; Networked Digital Environment; and Collaboration. Within each section, background and analysis are provided and recommendations offered for consideration by ARL

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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 11-15, 2009.

U.S. 4th Circuit Court of Appeals, May 12, 2009 Midi v. Holder, No. 08-1367 Petitioner’s petition for review of the BIA’s order removing her from the U.S. is denied, where: 1) the Child Status Protection Act (CSPA) does not apply to immigrants seeking relief pursuant to the Haitian Refugee Immigration Fairness Act; and 2) the BIA’s construction of the CSPA did not violate the Equal Protection Clause.

U.S. 4th Circuit Court of Appeals, May 13, 2009 Iota Xi Chapter of Sigma Chi Fraternity v. Patterson, No. 08-1417 In an action by a fraternity at a public university claiming that disciplinary action against it violated the First Amendment, summary judgment for Defendants is affirmed, where: 1) the university did not deprive Plaintiff’s members of associational rights; and 2) the sanctions imposed on the chapter were reasonable. ..

U.S. 8th Circuit Court of Appeals, May 13, 2009 US v. Tom, No. 08-2345 District court judgment granting defendant’s motion to dismiss petition having have him civilly committed as a sexually dangerous person is reversed where: 1) the court erred in finding the 18 U.S.C. sec. 4248 (the Adam Walsh Act) was an unconstitutional exercise of Congress’s powers under the Commerce Clause, as Congress is empowered by the Commerce Clause to criminalize and punish the conduct of which defendant is guilty and has the ancillary authority under the Necessary and Proper Clause to provide for defendant’s civil commitment; and 2) 18 U.S.C. sec. 4248 does not upset the delicate federal state balance mandated by the Constitution.
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