November 5, 2005
Cass Sunstein on Judge Alito
For a thoughtful analysis of SCOTUS nominee Samuel Alito's work from the bench, see UC Law Prof Sunstein's Judge Alito post on the University of Chicago faculty blog.
See also the profile published on the Supreme Court Nomination Blog (replaced by nomination coverage at SCOTUSblog). The profile includes case notes.
Rumsfeld Poem about the Digital Revolution
Yes, Donald Rumsfeld, Secretary of Defense.
The Digital Revolution (2001)
Oh my goodness gracious,
What you can buy off the Internet.
In terms of overhead photography!
A trained ape can know an awful lot
Of what is going on in this world
Just by punching on his mouse
For a relatively modest cost!
More "poetry" at www.slate.com/id/2081042/
November 4, 2005
Google Print's Phase One Now Completed
Google has uploaded to Google Print 10,000 works that are no longer under copyright. The materials, from the university libraries at Michigan, Harvard and Stanford and from the New York Public Library, represent the first large group of material to be made available electronically from those libraries.
HR 1606 Fails Two-Thirds Majority; Would Have Exempted Blogs from Campaign Finance Law
On Wednesday, the House of Representatives voted not to exempt online political expression, including blogs and emails, from campaign finance laws The House voted 225-182 for HR 1606, but the margin fell short of the two-thirds majority required for the bill to move forward.
Opening: Director, Library Services & Content Management, GPO
GPO is seeking a Director, Library Services & Content Management (Annual salary: $103,947.00 to $135,136.00, depending upon experience, with a competitive benefits package and promotional potential). The complete vacancy announcement is available at http://www.gpo.gov/careers/jobs/05-260.pdf.
Application Deadline: December 1, 2005
The United States Government Printing Office (GPO) is the Federal Government's primary centralized resource for gathering, cataloging, producing, providing, authenticating, and preserving published information in all forms for all three branches of the Government. GPO's mission is to Keep America Informed by ensuring that the American public has permanent access to this Government information.
GPO is seeking a highly qualified and motivated individual to become its Director of Library Services and Content Management. In this challenging new position, the successful candidate will manage GPO's nationwide Federal Depository Library Program, including the National Collection of U.S. Government Publications, the National Bibliography of U.S. Government Publications, and GPO's award-winning GPO Access service, all of which provide free public access to a wealth of important tangible and electronic information produced by the Federal Government. The position also will be responsible for the acquisitions and distribution components of the International Exchange System (IES) and By-Law Programs.
The Director will be responsible for planning and executing the strategic and operational plans for these programs, implementing changes in their operations, and advising senior GPO managers of potential future challenges. The Director will also maintain liaison with customer groups and professional associations to evaluate the effectiveness of current GPO programs and products and to develop initiatives responsive to customer needs.
The successful candidate must possess at least 52 weeks of specialized experience that demonstrates the ability to develop and execute strategic and operational plans and to develop, enhance, and manage a wide range of library services.
Annual salary: $103,947.00 to $135,136.00, with promotion potential and a competitive benefits package. For more information about these benefits, please visit http:/www.usajobs.opm.gov/ei61.asp.
To Apply: There is certain information that GPO must have to determine if you meet the legal requirements for Federal employment and to evaluate your qualifications for this specific position. If your application package does not provide all the information requested, you will lose consideration for the job. Please be sure to view the full announcement at http://www.gpo.gov/careers/jobs/05-260.pdf. In addition, applicants must follow the specific application instructions in order to be considered for this position. These instructions are available at http://www.gpo.gov/careers. Applications must be received by the closing date, December 1, 2005.
For Additional Information or Questions Contact: Tiffany Robinson, Human Capital Specialist at (202) 512-1178 (TDD (202) 512-1519).
'Core' or Essential Reference Tool Survey: Government Documents
Results from a web-based survey from librarian, author, and web trainer, Diane Kovacs. One question asked, "What are the essential 3-5 print Government Document reference sources that you can't work without in answering reference questions (e.g., laws, codes, statistics, etc.)?"
Ron Jones, Unv Cin Law Lib
New Work on China's Participation in the WTO
China's Participation in the WTO, edited by Henry Gao and Donald Lewis, brings together the most insightful contributions from the International Conference on China’s Participation in the WTO hosted by the East Asian International Economic Law and Policy Program (EAIEL) at The University of Hong Kong in February 2005.
The work focuses on three general themes: taking stock of the progress China has made in implementing its WTO commitments, and identifying the challenges facing China as a Member in the WTO, and generating proposals on how China could participate in the WTO more effectively.
The contributions capture the intensive discussions held among speakers from the Ministry of Commerce of China, the Permanent Mission of China to the WTO, members of the WTO Secretariat, leading academics from around the world and WTO experts from leading professional services companies and multinationals.
ISBN 1 905017 15 4 | 460pp | $238.00 | Due out November 2005
Alito: Statements by Senator [insert name]
Just a sampling of initial reaction to the Alito nomination:
Statement by Senator Trent Lott, October 31, 2005
Statement of Senator Edward Kennedy, October 31, 2005
Statement of Senator Barack Obama, October 31, 2005
Statement of Senator Harry Reid, October 31, 2005
and from the House: Statement of Congresswoman Nancy Pelosi, October 31, 2005
Mills College Considers Adding Law School
Mills College (Oakland, California), which admits only women to its undergraduate program but includes men in its graduate programs, is in the "exploration stages'' of considering a law school because "the legal arena is a fundamental arena in which women can provide leadership." The College already offers an undergraduate law prep program.
November 3, 2005
Kory Staheli, New Director of the Howard W. Hunter Law Library at BYU's J. Reuben Clark Law School
From the press release:
Kevin J Worthen, dean of the J. Reuben Clark Law School at Brigham Young University, announced the appointment of Kory Staheli as the new director of the Howard W. Hunter Law Library.
After a nationwide search, Staheli was chosen from a group of five finalists to replace former library director Constance Lundberg, who will continue teaching part-time in BYU’s law school.
"Kory Staheli has a clear vision of the role the library plays in furthering the mission of the law school and the university,” said Dean Worthen. “He also has the experience and the skills needed to provide leadership in carrying out that role. I look forward to the great things he and the rest of the dedicated library faculty and staff will accomplish in the coming years."
Herb Cihak, director of the University of Arkansas’ Young Law Library and a mentor and supporter of Staheli, felt privileged to have associated with Staheli through national law library associations.
"In all my interactions with him, he has demonstrated a commitment to furthering the law library profession, to serving his fellow human beings, and most importantly, to representing the faith that he professes in a manner that brings credit to him and to the institution that he loves," Cihak said. "It should be fun to sit back and watch one of the truly 'good guys' help lead his team to victory."
Staheli graduated from BYU’s Law School, and after three years of private practice, returned to the law school as a reference librarian. He obtained his master’s degree in library and information science and was promoted to head of Reference Services and then associate director of Public Services.
He then left BYU to become associate director of the law library at the newly founded law school at the University of Las Vegas, where he assembled and trained the staff as well as developed and acquired the new collection. Staheli returned to BYU last year to serve as associate director of the law library.
Alito Across the Blogosphere
The Truth Laid Bear is doing a great job monitoring blog coverage of the Alito nomination. Bookmark it!
Law Library of Congress Publishes Samuel A. Alito Nomination Collection
Once again the Law Library of Congress has done a stellar job of compiling resources about a SCOTUS nominee, this time for Samuel Alito. The materials include, articles/books by, Congressional documents, cases, memoranda and web resources. You will find Alito's 3d Circuit confirmation hearing transcript from 1990 in Senate Hearing 101-651, Part 5. Scoll to pp. 574-576, 632-653.
Google Almost Restarts Scanning for Google Print
Earilier this week Google announced its resumption of Google Print effective November 1st. However, Red Herring is now reporting that Google has said it is “in the process of resuming scanning,” and would make the service available very soon. Sounds like Google is lawyering-up
Fulbright & Jaworski's 2005 Litigation Trends Survey
In its latest annual 2005 Litigation Trends Survey, the international law firm Fulbright & Jaworski L.L.P. has found that litigation has become the great equalizer of the modern corporation. Regardless of size, industry or location, there is certain to be a sizeable number of disputes diverting the resources of American businesses. Nearly 90% of U.S. corporations are engaged in some type of litigation, and the average company balances a docket of 37 U.S. lawsuits. For $1 billion-plus companies in the U.S., the average number of cases being juggled at home soars to 147.
The Return of the Nuclear Option
Did it ever go away(?) ... but for the sake of this post let's review what the nuclear option is.
It's Frist's plan to change the Standing Rules of the Senate in order to prohibit Democrats from using the filibuster to block votes on Bush's judicial nominees. Under the current rules, senators in the minority can indefinitely delay a floor vote on judges -- or on just about anything else, for that matter -- by engaging in extended debate.
The Senate's rules have allowed unlimited debate, or filibusters, since 1806, when senators dropped a rule that allowed a majority of the Senate to put an end to discussion and call for a vote. For the next 111 years, there was no way to stop a filibuster once it had started. But in 1917, when filibusters were blocking Woodrow Wilson's plans for World War I, the Senate adopted Rule XXII, which allowed senators to end a filibuster by a two-thirds vote on a motion to cut off debate -- a procedure called "cloture." In 1975, the Senate amended Rule XXII so that cloture required, in most cases, the vote of not two-thirds but rather three-fifths of the senators. In today's 50-state, 100-member Senate, that means it takes 60 rather than 67 senators to put an end to most filibusters.
With the nuclear option, Frist and his supporters would effectively change that rule so that filibusters on judicial nominees could be cut off by a simple majority vote.
Source: Tim Grieve, Everything You Wanted to Know about the "Nuclear Option" Salon (May 12, 2005)(excellent backgrounder)
See also The Nuclear Option (Wikipedia) | The Nuclear Option: A Resource Guide (Center for American Progress)
Gazing into the Alito Crystal Ball on Abortion
Trying to predict Judge Alito's stand on abortion rights is the topic of a think piece by Charles Lane, Nominee's Reasoning Points to a Likely Vote Against Roe v. Wade, Washington Post, November 2, 2005.
UPDATE: The matter is settled. From the AP via TalkLeft
"Of course he's against abortion," his 90-year-old mother Rose told reporters.
November 2, 2005
Alito from the Left
In Assessing the Alito Nomination, Margaret Warner (PBS) interviews Douglas Kmiec, professor of constitutional law at Pepperdine University Law School and Pam Karlan, professor of public interest law at the Stanford Law School.
See also The Samuel Alito Confirmation page.
Some press coverage compiled by MoveOn:
- Another Lost Opportunity The New York Times, November 1st, 2005
- Selection rekindles sharp debate on filibuster The Boston Globe, November 1, 2005
- Gang of 14, Wikipedia
- Dems hint at filibuster The Hill, November 1st 2005
- See reports prepared by People for the American Way and The Alliance for Justice
- See the statement of Manuel Miranda, Chair of the Third Branch Conference. This time, Liberals Voice Oppostion CNSNews.com, October 31st, 2005
- Statement of Operation Rescue, October 31st, 2005
- Why Bish Picked Alito, Time October 31st, 2005
- Bloggers React to Supreme Court Nomination, Reuters, October 31st,> 2005
Information on Samuel A. Alito Jr.
Extensive links to texts of opinions, briefs, and articles. Created by the University of Michigan Law Library.
Ron Jones, Unv Cin Law Lib
Editor's Note: Yet another great job by the law library staff of the University of Michigan.
LexisNexis to Deliver American Arbitration Association Labor Arbitration Awards
From the Press Release: LexisNexis U.S., a leading provider of news, business and legal information services, and the American Arbitration Association (AAA), the global leader in conflict management and dispute resolution services, today announced a strategic relationship to deliver a new electronic collection of searchable Labor Arbitration Awards exclusively via the LexisNexis® research services.
"The addition of the American Arbitration Association’s Labor Arbitration Awards distinguishes LexisNexis as the top provider for labor arbitration materials," said George Bearese, senior vice president of Legal Product Management and Content Development, LexisNexis. "The unparalleled depth and breadth of the LexisNexis content combined with these labor arbitration decisions creates a powerful labor and employment offering."
With arbitration providing prompt, final resolution to a host of workplace issues, its use in resolving labor and employment disputes is growing. The ability of attorneys, corporate counsel, labor relations specialists, information professionals and others to quickly and easily access the arbitration decisions provided through this alliance is critical. Historical arbitration decisions can assist with arbitrator selection, preparation for arbitration hearings and with the drafting of collective bargaining agreements. AAA has arbitrators across the United States who resolve labor and management disputes for the public and private sector in industries that include manufacturing, transportation, government, and utilities.
"We look forward to working with LexisNexis over the coming months to provide our extensive Labor Arbitration Awards to labor and employment practitioners," said Ted Pons, vice president of publications, American Arbitration Association. "The robust content offerings and ease-of-use of the LexisNexis services puts these awards at the user’s fingertips to help answer arbitration-related questions."