October 29, 2005
The New York Times Samples Blogger Reaction to Libby's Indictment
See Blogger Reaction to Libby's Indictment. Unfortunately the list is displayed in reverse chronological order, so those of us who were among the first to post are located at the bottom of the list.
Editor's Note: My name is published in the New York Times list for CrimProf Blog entries but I did not write those posts. My name was published because the Law Professor Blogs Network owns CrimProf Blog and the TypePad account for it is registered in my name. The authors of those posts were either Jack Chin or Mark Godsey, editors of our sister blog, CrimProf Blog. Sorry about the confusion.
Is Judge Alito the Next SCOTUS Nominee?
Jo Becker and Amy Gold stein's October 29, 2005 Washington Post article, Appellate Judges Cited as Focus of New Search: Supreme Court Candidates on Short List Were Vetted This Summer, Sources Say describes Judge Samuel A. Alito to as follows:
Alito, a former federal prosecutor, has strong enough credentials to satisfy and reunite Bush's conservative base, which fractured over the Meir's nomination. Nicknamed "Scalito" for his philosophical similarities to Justice Antonin Scalia, a conservative darling, Alito to has the type of lengthy record that should please many conservatives.
But the "Scalito" factor may be too controversial for a President who has no political capital left to spend and desperately needs a "win." It might be appealing to have on the Supreme Court someone with as strong a criminal law background as Judge Alito but Judge J. Michael Luttig may get the nod instead because Luttig is "a favorite of many legal conservatives and GOP senators." Quoting from the Chicago Tribune's Supreme Court reporter, Jan Crawford Greenburg's, Bush pulls plug on Mier: New court choice imminent (Oct. 29, 2005)(emphasis added) (free registration required).
How Good is the CBO at Economic Forecasting
Real all about it at CBO's Economic Forecasting Record, a CBO publication.
The Open Library
The Open Library website was created by the Internet Archive to demonstrate a way that books can be represented online. The vision is to create free web access to important book collections from around the world. Books are scanned and then offered in an easy-to-use interface for free reading online. If they're in the public domain, the books can be downloaded, shared and printed for free.
Ron Jones, Univ of Cincinnati Law Library
October 28, 2005
Grand Jury Indicts Top Cheney Aide Scooter Libby; Karl Rove Not Off the Hook Yet
CBS News is reporting that a federal grand jury indicted top White House aide I. Lewis "Scooter" Libby on five charges, including perjury, obstruction of justice and making false statements. Karl Rove escaped charges for the time being but will remain under investigation. See also Washington Post coverage of the story.
AALL Annual Meeting Preliminary Scheduling Forms due November 1st
Preliminary Scheduling Forms for the 2006 Annual Meeting in St. Louis are due to Pam Reisinger, Director of Meetings, by November 1. This deadline ensures that your meeting/event will be listed in the Preliminary Program which mails with the December issue of Spectrum. All Chapter Presidents, SIS, Committee and Caucus Chairs were mailed a letter, scheduling form and Annual Meeting schedule in September.
Affiliate groups (law school alumni groups, user groups, paid exhibitors) should return the affiliate scheduling form no later than November 11 to ensure listing in the Preliminary Program.
All Preliminary Scheduling Forms for meetings/events received after the November deadline and by May 1 will be scheduled as space is available and will be listed only in the Final Program, distributed onsite.
Special Prosecutor Patrick Fitzgerald Announcement Expected Today at 2:00 pm (eastern)
Special Prosecutor Patrick Fitzgerald, who is investigating the outing of CIA operative Valerie Plame, has established a website. Mark Giangrande at Tech Law Prof Blog, observes "given that many news reports expect indictments to be handed down later on this week, the site should be a vehicle for the Prosecutor to post documents and news releases regarding a criminal prosecution phase in the process."
The conventional wisdom is that the establishment of the site suggests that the Plame investigation, which has lasted longer that the Watergate investigation, is winding down. Bookmark it!
Pushed to the top and republished due to expected announcment.
Microsoft to Join Open Content Alliance and Offer Online Book Content Searching
The Washington Post is reporting that Microsoft's MSN Book Search will go online in test form early next year. Although the content of out-of-copyright books will be accessible at no charge from MSN Book Search, Microsoft is talking with publishers about how it might charge for books under copyright - perhaps per page, perhaps per chapter.
Two Openings at Rutgers Law Library (Newark)
Reference Librarian. Details.
Head of User Services. Details.
In re The Presidential Seal
The New York Times is reporting that the Bush Administration has sued The Onion over the "paper's" use of the presidential seal. Remember now, lawsuits such as this one start in the Office of the Counsel to the President so Harriet Miers must have had a say in the decision to sue. Just another good reason for Miers to step down. This suit is fodder for the Supreme Court docket.
Research Paper on Wi-Fi Liability
Robert V. Hale II recently posted Wi-Fi Liability: Potential Legal Risks in Accessing and Operating Wireless Internet on SSRN.
Suppose you turn on your laptop while sitting at the kitchen table at home and respond OK to a prompt about accessing a nearby wireless Internet access point owned and operated by a neighbor. What potential liability may ensue from accessing someone else's wireless access point? How about intercepting wireless connection signals? What about setting up an open or unsecured wireless access point in your house or business? Attorneys can expect to grapple with these issues and other related questions as the popularity of wireless technology continues to increase.
This paper explores several theories of liability involving both the accessing and operating of wireless Internet, including the Computer Fraud and Abuse Act, wiretap laws, as well as trespass to chattels and other areas of common law. The paper concludes with a brief discussion of key policy considerations
Stanford Distributing University Content Through iTunes
Stanford on iTunes will provide alumni—as well as the general public—with a new and versatile way of staying connected to the university through downloads of faculty lectures, campus events, performances, book readings, music recorded by Stanford students and even podcasts of Stanford football games. At launch, the service will contain close to 400 distinct audio programs, and the university will continue to add new content as it becomes available.
New Titles from the ABA
Product Code: 5350144
Author: P. Stephen Gidiere III
Publication Date: 2005
Page Count: 400
The Federal Information Manual is about the vast amount of federal information and the legal framework that controls the government’s collection, management, and disclosure of its records. The federal government’s handling of this information is governed by a patchwork of statutes, common law, regulations, executive orders, and judicial decisions. A few well-known statutes often dominate information disputes, such as the Freedom of Information Act (FOIA), but it is just one of dozens of statutes and a dispute may turn on a more unfamiliar one such as the Paperwork Reduction Act, the Classified Information Procedures Act, or a rider to an appropriations bill. This new book is a current and practical guide for practitioners facing disputes over federal information.
Product Code: 5330086
Editors: Ernest B. Abbott, Otto J. Hetzel
Publication Date: October 2005
Page Count: 300
Homeland security and emergency management is now such an important responsibility of state and local governments that their attorneys must understand and comply with the changing requirements and new issues applicable to respond to threats of terrorism or natural catastrophic events. Legal counsel need to know and anticipate what these issues may be in order to respond effectively. State and local government attorneys and private sector counsel involved in critical infrastructure all must be familiar with the different legal requirements, authorities, prohibitions, and potential liabilities that apply when governments respond to catastrophic events. A thorough working knowledge of how these issues may affect their clients’ interests is essential.
A Legal Guide to Homeland Security and Emergency Management for State and Local Governments provides a number of windows into homeland security and emergency management law – covering both the basic structure of the homeland security and emergency management system and presenting detailed analysis of specific areas (such as applying for federal preparedness funds, negotiating intergovernmental agreements, applying for disaster assistance, and managing the impact of catastrophic events). This book gives counsel and administrators valuable insight into how to best meet their responsibilities in this critical area.
Product Code: 1610009
Editor: Christopher Tomlins
Publication Date: November 2005
Page Count: 560
Edited by Christopher Tomlins, a Senior Research Fellow at the American Bar Foundation, The United States Supreme Court offers a sweeping history of this remote and austere institution and makes the Court accessible to all readers. Eighteen essays, written by the nation’s top historians – including Mark Tushnet, Scot Powe, Paul Finkelman, and Katherine Fischer Taylor – provide incisive interpretation of the Court’s activities over the past two centuries, from its first meetings in borrowed space in the U.S. Capitol to the ornate “Marble Palace” of the present day.
The book showcases the Court’s legal triumphs and disasters, its internal workings, and its impact on American politics, society, and culture. It also brings to light the uneasy influence of popular culture and electoral politics on the Court. Organized chronologically by the terms of each chief justice, here are fresh insights into the court’s key moments and cases, from the Dred Scott decision to Brown v. Board of Education, from the Lochner era to the Warren Court, from Roe v. Wade to Bush v. Gore.
ABA Books in Print, Recent Publications
Product Code: 2150009
Publication Date: 2005
Page Count: 825
A thorough comparison of the ABA Model Rules of Professional Conduct and the American Law Institute (ALI) Restatement (Third) of the Law Governing Lawyers. The book identifies 200 important questions in the field of legal ethics and examines what both documents have to say about the issues.
The book is organized into six broad chapters – Regulation of the Legal Profession, The Client-Lawyer Relationship, Issues in Client Confidentiality, Issues in Conflicts of Interest, The Lawyer’s Duties to Tribunals and Nonclients, and Operation of a Law Practice. Within each Chapter, the subject matter is broken down into “Parts” or subchapters that are also clearly labeled. Within each Part are numbered sections that collect the substantive material.
Each ethics issue begins with an Introduction by the author that is designed to put the issue in context, suggest policy choices faced in formulating the various rules, and identify any important differences between the Model Rules and Restatement treatment of the issue. Next, the text of the relevant 2002-03 Model Rule passage is set forth in full. Significant new passages are shown as underlined, but the material deleted has not been retained. Then, the text of the corresponding Restatement section is set forth in full. Type fonts have been chosen to help the reader keep clear which material is being quoted or referenced.
Product Code: 5010042
Editors: William V. Luneburg, Thomas M. Susman
Publication Date: July 2005
Page Count: 577
The Lobbying Manual, 3rd Edition provides a detailed map for compliance with all applicable laws. This easy-to-use guide, with examples and forms, answers both common and esoteric questions that might arise when lobbying the federal government. The book covers not only the Lobbying Disclosure Act of 1995, but includes comprehensive information covering the numerous federal statutes, regulations, congressional rules and ethical restrictions applicable to both lawyers and lobbyists who seek to influence Congress and federal agencies.
Save time with this all-in-one resource that provides a detailed examination of lobbying laws and line-by-line instructions for completing forms required by the Lobbying Disclosure Act. Whether you represent a business, trade association, non-profit entity or public organization, this book will provide all the guidance you need for compliance.
Product Code: 4740060
Author: John W. (Jack) Cooley
Publication Date: September 2005
Page Count: 360
The Handbook takes a pracademic approach to creative problem solving in negotiation and mediation. “Pracademics” used to describe the art and science of translating the theory of creative problem solving into practice, and conversely, converting the practice of creative problem solving into theory. It encourages an interdisciplinary approach to solving problems and seeks to draw upon the expertise of one discipline to enhance the problem solving effectiveness in another. It is particularly attentive to the areas between disciplines – the interstitial areas of overlap and ambiguity -- because it is that territory that is often fertile in discovery, surprise, and insight.
Volume One of the Handbook is primarily geared to serve as a guide, generally, to practitioners, academics, and students in the practice, teaching, and study of creative problem solving methods, tools, and techniques. The Handbook's approach is eclectic, and Volume One provides the practitioner with a panoply of potential ideas from the creative problem solving literature. With these ideas, the negotiation/mediation practitioner can experiment in ways that satisfy his or her personal experiences, skills, and talents.
Volume Two of the Handbook is focused on specific creative problem solving techniques and tools that negotiation/mediation practitioners across the country have found to be effective in resolving disputes or making deals. A highly useful feature of Volume Two is its multiple indexing to facilitate identifying techniques or tools appropriate for the problem solving task.
Product Code: 5620116
Editors: William A. Finkelstein, James R. Sims III
Publication Date: October 2005
Page Count: 420
A single-volume resource on all major components of intellectual property. Written by intellectual property and franchise lawyers, this new book features an overview of domestic and international trademarks, domain name and “cyberlaw” issues, copyrights, patents, trade secrets, and the important analysis of the intersection of intellectual property issues and cutting-edge technology. The book provides substantive and practical guidance to a wide audience of non-IP specialists: franchise practitioners and general practitioners; in-house counsel; paralegals and new IP practitioners looking for a practical overview.
Product Code: 5370143
Contributors: Weston Anson, Donna Suchy
Publication Date: 2005
Page Count: 272
This primer, written by experts in the area, answers some of the most frequently asked questions about identifying the value of the primary types of intellectual property (IP) and other intangible assets. It also looks at the primary, traditional, and not-so-traditional methods of valuing these assets and includes case studies and situations where valuation is required.
Product Code: 5210139
Author: James M. Zimmerman
Publication Date: February 2005
Page Count: 1208
China has developed, and continues to develop, a legal system from scratch in just over 20 years. So much has happened since the publication of the first edition of China Law Deskbook in 1999, and this second edition updates and expands upon the material presented in the original volume. The first edition was characterized in a book review by the Chicago Bar Association as a "must have, must read" for companies and practitioners involved in China.
China Law Deskbook: A Legal Guide for Foreign-Invested Enterprises, Second Edition is a concise yet comprehensive resource to the complex laws of China. It opens with a thoughtful survey of the historical development of China’s contemporary legal system. The following chapters summarize Chinese legislative and regulatory institutions and their functions, as well as the judicial and other forces affecting China’s evolving legal system. The book highlights the key laws and regulations of interest and importance to foreign investors, corporate lawyers, and private practitioners involved in China on behalf of their clients.
Additional resources include the text of pertinent laws and regulations, as well as references to information accessible online. Valuable appendices contain contact information for U.S. and Chinese government resources, bar associations, international organizations, and other related organizations on Chinese legal and business efforts.
Product Code: 5190387
Editors: Michael Keeley, Sean Duffy
Publication Date: October 2005
Page Count: 786
The fidelity industry has undergone significant change since the first edition of Handling Fidelity Bond Claims. Standard forms have changed in various respects, and numerous, often complicated, manuscript policies are now commonly in use. In this Second Edition, original authors have updated and improved their original excellent work and top professionals in the industry have prepared new chapters.
This valuable reference tool from the TIPS Fidelity & Surety Law Committee offers a comprehensive guide to this specialized area of the law. Whether you are handling your first fidelity bond claim or have made your career doing so, you will appreciate the wealth of information focusing on the practical issues confronting insureds and insurers in the submission, investigation, and resolution of claims.
Recent ABA e-Books
Product Code: 5330088PDF
Author: Steven J. Eagle
Publication Date: 2005
Format: PDF file
Kelo v. City of New London: A Tale of Pragmatism Betrayed, by Steven J. Eagle, takes you through the four opinions comprising the 5-4 decision -- particularly Justice O’Connor’s dissent, which the author describes as “spurred by the good intentions of her earlier pragmatism now betrayed.” The majority opinion is analyzed, an alternative approach is presented, and the future course of eminent domain jurisprudence is outlined.
Product Code: 5070515PDF
Publication Date: July 2005
Drafted by the ABA Coordinating Committee on Nonprofit Governance, this work is Written for directors of nonprofit organizations and practitioners, this guidebook provides a complete overview of the major reforms enacted or triggered by the Sarbanes-Oxley Act, including governance reforms promulgated by the SEC and the Stock Exchanges. Also, included are 10 key governance principles derived from such reforms, and discusses the potential challenges and benefits of applying such principles in the nonprofit context.
Editor's Note: Product descriptions provided by ABA.
October 27, 2005
Law Profs Call for Review of "Enemy Combatants" Case & Return to the Rule of Law
450 law professors, led by Bruce Ackerman (Yale), David Cole (Georgetown), Rosa Ehrenreich Brooks (Virginia), Deena Hurwitz (Virginia), and Judith Resnik (Yale), have issued a statement calling on the Supreme Court to grant review of Hamdan v. Rumsfeld (No. 05-184), a case challenging the President's creation of military commissions to try "unlawful combatants"
Hat tip to TaxProf Blog
Short List of Potential SCOTUS Nominees
Names like J. Michael Luttig, Samuel A. Alito Jr., Michael W. McConnell, and Alberto Gonzales have been pushed to the top of the short list of leading potential nominees according to Lexis-Nexis. Others like J. Harvie Wilkinson, Priscilla Richman Owen and Edith Hollan Jones are generating considerable mentions. Lexis-Nexis demonstrates that all of the above mentioned have substantially more experience than former SCOTUS nominee Harriet Miers.
Let the countdown begin.
Press Release summarizing the Miers research and the comparison to alternative nominees.
Miers Withdraws SCOTUS Nomination
Chicago White Sox Take the World Series in Four Games!
|This one is for the great White Sox 2b, Nellie Fox!
Childhood memories of 1959 now erased!
Email Turns 34 This Month
"It's difficult to pin down the exact origin of email, but in October 1971, an engineer named Ray Tomlinson chose the '@' symbol for email addresses and wrote software to send the first network email." So starts Paul Burcheit's post, on Google Blog, about email past and how he designed Gmail in hopes of it improving the way we communicate by email now and in the future.
Jim Chen, Associate Dean for Faculty and the James L. Krusemark Professor of Law at the University of Minnesota Law School in conjunction with Daniel A. Farber, Sho Sato Professor of Law and Director of the Environmental Law Program at the Boalt Hall School of Law at the University of California at Berkeley is teaching "The Legal Implications of Hurricane Katrina." Classes met October 17-21 this semester. A seminar paper is due during the spring semester. In researching their papers, students of the course may find UC - Berkeley Law Library's excellent guide, Disasters and the Law: Katrina and Beyond very helpful.
On Using Wikis and Blogs for National Security Communications
D. Calvin Andrus (Central Intelligence Agency) posted The Wiki and the Blog: Toward a Complex Adaptive Intelligence Community on SSRN last month. With 1,300-plus downloads, the paper has caught the attention of the IT/IS/LIS communities.
US policy-makers, war-fighters, and law-enforcers now operate in a real-time worldwide decision and implementation environment. The rapidly changing circumstances in which they operate take on lives of their own, which are difficult or impossible to anticipate or predict. The only way to meet the continuously unpredictable challenges ahead of us is to match them with continuously unpredictable changes of our own. We must transform the Intelligence Community into a community that dynamically reinvents itself by continuously learning and adapting as the national security environment changes.
Recent theoretical developments in the philosophy of science that matured in the 1990's, collectively known as Complexity Theory, suggest changes the community should make to meet this challenge. These changes include allowing our officers more autonomy in the context of improved tradecraft and information sharing. In addition, several new technologies will facilitate this transformation. Two examples are self-organizing knowledge websites, known as Wikis, and information sharing websites known as Blogs. Allowing Intelligence Officers and our non-intelligence National Security colleagues access to these technologies on SIPRNet, will provide a critical mass to begin the transformation.