« October 23, 2005 - October 29, 2005 | Main | November 6, 2005 - November 12, 2005 »

November 2, 2005

SOX Compliance Software

Sarbanes-Oxley Compliance Using COBIT and Open Source Tools
Christian B. Lahti & Roderick Peterson
September 2005
ISBM 1-597-49036-9  O'Reilly
450 pages, includes CD-ROM $49.95

Description: Whether you work for a publicly traded or pre-IPO company or an IT consultant, you are familiar with the daunting task of complying with the Sarbanes-Oxley  Act. You no doubt seen the hour and dollar estmates for compliance go up and up. Now you can regain control. This ground-breaking, fully integrated book and bootable, live CD provides all of the information AND open source tools required for you to achieve SOX compliance the cheap and easy way.

November 2, 2005 in New Publications | Permalink | Comments (0) | TrackBack

Tort Reform Bill Passes House

The House of Representatives on Thursday passed H.R. 420, the Lawsuit Abuse Reduction Act (LARA). The legislation now moves to the Senate for approval.

Click here for the text of the legislation.

Ron Jones, Unv Cin Law Lib

November 2, 2005 in Statutes & Regs | Permalink | Comments (0) | TrackBack

Opening: Cataloging/Electronic Collections Librarian, Georgetown Law Library

Position summary:
Under the general direction of the Head of the Law Library’s Knowledge Access Management Department, the Cataloging/ Electronic Collections Librarian performs cataloging and classification of Library materials so as to ensure access to the information resources available to the Law Center community. The incumbent provides expertise in defining and supplying appropriate access to the Library's electronic collections. He/she also assists the department head in the development and implementation of departmental policies and procedures and with staff training and supervision.

The Knowledge Access Management Department is responsible for providing intellectual access to material owned or accessed by the library.  Staffing consists of 2 librarians, 5 paraprofessionals and 1 assistant. The library has the Innovative Interfaces Millennium modules for its integrated library system and cataloging is done on OCLC. The library is a Library of Congress NACO participant.

Qualifications:

Required: Master’s degree from an ALA-accredited library school; ability to apply national cataloging standards while achieving good levels of accuracy and productivity; high level of proficiency with personal computers and software, the Internet and library relevant information technology applications; strong interpersonal skills and communication skills; commitment to librarianship and to a superior level of service to faculty and students in an academic environment.

Preferred: Experience in cataloging materials through a cataloging utility (preferably OCLC) and an integrated library system (preferably Innovative’s Millennium); knowledge of national cataloging standards, in particular application of AACR2r, LC subject headings and classification, and  MARC formats;  knowledge of legal materials; knowledge of foreign languages.

Primary Responsibilities:
Perform original and complex contributed cataloging in a variety of languages and in all bibliographic formats. Perform name, series, and subject authority work, and contribute authority records to national authority files.

Address issues related to topics such as the role of the OPAC in providing coherent access to electronic resources, metadata standards, persistent identifiers for networked resources, record format and content for digital resources, the relationship of new access mechanisms to traditional catalogs and linkages among various access systems.

Maintain TDNet e-journal access system in order to provide the Law Center community with complete and accurate access to electronic journals and newspapers.  Provide leadership in the implementation and ongoing administration of the Library's Electronic Resource Management system.

Oversee the indexing of the Library's digital publishing projects, e.g., the D.C. Historic Preservation opinions. Provide metadata for digital projects, including the Law Center's digital repository. Collaborate with others on staff to develop strategies for preserving digital collections.

Additional activities:
Participate in library committees and forums. Engage in work with staff of other departments, demonstrating collaboration and teamwork.

Comments:
Expected performance includes active participation in the intellectual life and administrative activities of the Law Center as well as the fulfillment of the responsibilities of the position in a superior manner, demonstrating increasing knowledge, effectiveness and where appropriate, scholarship.

Georgetown University is an equal opportunity/ affirmative action employer.

Job description is available at http://www.ll.georgetown.edu/about/openings.cfm. Review of applications to begin December 5, 2005. Applications and the names of three references may be emailed to Margaret Fry at libraryjobs@law.georgetown.edu or mailed to Margaret Fry, Georgetown Law Library, 111 G Street, NW, Washington, DC 20001

November 2, 2005 in Employment Opportunties | Permalink | Comments (0) | TrackBack

November 1, 2005

Security Alert: Think Twice About Using AOL Instant Messenger

C/Net is reporting the spread of a worm via AOL IM. One security expert calls this unnamed worm "a very nasty bundle" of malicious software including for the first time a so-called "rootkit."

"A rootkit is a tool designed to go undetected by the security software used to lock down control of a computer after an initial hack," the C/Net report explains. It's part of a "disturbing trend" using the popular IM systems to spread viruses.

Read all about it.

November 1, 2005 in Web Communications | Permalink | Comments (0) | TrackBack

No Established Right of Access to a Prison Law Library for Defendants Representing Themselves

So ruled the Supreme Court in an unsigned opinion in Kane v. Espitia, 04-1538.

Bloomberg report

Mark Giangrande, DePaul Law Library, and Ron Jones, University of Cincinnati Law Library

November 1, 2005 in Court Opinions | Permalink | Comments (0) | TrackBack

OT: My New All Time Favorite Beer Commercial

The Java app is safe: http://www.bigad.com.au/

Hat tip to Tom Streeter, Senior Producer, University of Cincinnati Presentation Technologies & Services Group.

November 1, 2005 in Web Communications | Permalink | Comments (0) | TrackBack

Launch of Leiter's Law School Rankings

Leiter_site_1 I am delighted announce the launch of Leiter’s Law School Rankings, by Brian Leiter, Joseph D. Jamail Centennial Chair in Law at the University of Texas School of Law, in association with our Law Professor Web Services LLC.

Leiter’s Law School Rankings (1) contains two brand new law school quality rankings, and (2) expands, reorganizes, and redesigns the rankings material formerly maintained on the University of Texas School of Law website.

1.  The new 2005 rankings are:

2.  Leiter’s Law School Rankings presents law school rankings material in seven categories:

Our goal is to make Leiter’s Law School Rankings the premier Internet site of law school rankings for prospective, current, and former law students; law school faculty and administrators; and practicing lawyers in law firms, government, and public interest organizations.  Please email us comments or suggestions for improvement.

Law Professor Web Services LLC

Paul L. Caron, Charles Hartsock Professor of Law, University of Cincinnati College of Law
Joseph A. Hodnicki, Associate Director for Library Operations, University of Cincinnati College of Law

November 1, 2005 in New Publications | Permalink | Comments (0) | TrackBack

Live Webcast: Human Rights in Pakistan--The Way Forward, Today at 1:00 pm (eastern)

The Wilson Center is presenting a live webcast titled "Human Rights in Pakistan--The Way Forward," featuring Asma Jehangir, chairperson, Human Rights Commission of Pakistan, and Larry Robinson, former political counselor, U.S. Embassy, Islamabad.

The webcast is scheduled to start at 1:00 pm and end at 2:45 pm. Follow this link to the webcast: Human Rights in Pakistan.

November 1, 2005 in Web Communications | Permalink | Comments (0) | TrackBack

Corporate Compliance Web Resources

Compiled by Paul E. McGreal
Director, Corporate Compliance Center
Harry and Helen Hutchens Research Professor and Professor of Law
South Texas College of Law

Federal Government Websites

Dept. of Health and Human Services (HHS)
Dept. of Justice (DOJ)
Dept. of the Treasury
Environmental Protection Agency (EPA)
Federal Trade Commission (FTC)
Financial Crimes Enforcement Network (FinCEN)
Occupational Health and Safety Administration (OSHA)
Public Company Accounting Oversight Board (PCAOB)
Securities and Exchange Commission (SEC)
United States Sentencing Commission (USSC)
United States Supreme Court

Federal Agency Resources

EPA: Environmental Audit Policy
FinCEN: Bank Secrecy Act Regs
FTC: Financial Privacy: Gramm-Leach-Bliley Act
HHS: Health Care Compliance Guidance
HHS: HIPAA Compliance
OSHA: Workplace Self-Audit Policy
PCAOB: Audit Standard No. 2
USSC: Organizational Sentencing Guidelines
USSC: Advisory Group on the Organizational Sentencing Guidelines
USSC: Post-Booker Developments

Federal Prosecutorial Resources

Antitrust Leniency Policy (DOJ)
Seaboard Report (SEC)
Thompson Memorandum (DOJ)

Private Organizations

ABA Business Law Section, Corporate Compliance Committee
Association of Corporate Counsel: America
Business Roundtable
The Conference Board
Corporate Compliance Center (South Texas College of Law)
Ethics Officers Association
Ethics Resource Center
Greater Houston Business Ethics Roundtable
Open Compliance and Ethics Group
Texas General Counsel Forum

Private Resources

Industry Specific
Defense Industry Initiative on Business Ethics and Conduct
Health Care Compliance Association
Risk Specific
Association of Certified Anti-Money Laundering Specialists
International Compliance Association (anti-money laundering)
NASD Rule 4350 (Corporate Governance)
NASD Rule 3011 (Anti-Money Laundering)
NYSE Listed Company Manual Section 303A (Corporate Governance)
Aspen
Transparency International (foreign bribery)
Transparency International: USA Anti-Bribery Toolkit

Compliance and Ethics Publications

BNA/ACCA Compliance Manual
ethikos

November 1, 2005 in Legal Research | Permalink | Comments (0) | TrackBack

Recent CRS Reports on Immigration Issues

ENFORCING IMMIGRATION LAW: ISSUES OF COMPLEXITY
CRS Publication Date: 07/28/2005
Document No.: M-072805
Author(s): Stephen R.Vina, American Law Division
Abstract: This memorandum provides numerous examples that describe some of the reported challenges that officers of the Department of Homeland Security's (DHS) immigration-related bureaus face in furtherance of their missions. In particular, we provide quotes from, and observations made in, case law, testimony, literature, and other sources that seem to illustrate the complexity of the missions of these bureaus and the underlying laws that these officers are charged with enforcing. While there are several immigration-related bureaus at DHS and a number of laws enforced by such bureaus, this memorandum focuses on enforcement operations at the border (i.e., namely those carried out by the Bureau of Customs and Border Protection) and the immigration-related duties that stem from the Immigration and Nationality Act (INA; 8 U.S.C. Sec. 1101 et seq.).

IMMIGRATION LEGISLATION AND ISSUES IN THE 109TH CONGRESS
CRS Publication Date: 10/17/2005
Document No.: RL33125
Author(s): Andorra Bruno, Ruth Ellen Wasem, Alison Siskin, and Blas Nunez-Neto, Domestic Social Policy Division; Michael John Garcia and Stephen R. Vina, American Law Division; and Karma Ester, Knowledge Services Group
Abstract: Broad immigration reform proposals, including the "Secure America and Orderly Immigration Act" (S. 1033/H.R. 2330) and the "Comprehensive Enforcement and Immigration Reform Act of 2005" (S. 1438), have been introduced in the 109th Congress. Reflecting concerns about homeland security and law enforcement, as well as about the economy and humanitarian issues, they address immigration enforcement, guest worker programs, and legal immigration reform, among other issues. A number of immigration reform-related hearings have been held this Congress, including a July 2005 Senate Judiciary Committee hearing on reform proposals. While S. 1033/H.R. 2330 and S. 1438 remain pending, Congress has enacted limited provisions on temporary and permanent employment-based immigration. It also has taken action on legislation concerning alien victims of domestic violence and trafficking in persons. This report discusses these and other immigration-related issues that have seen legislative action or are of significant congressional interest. DHS appropriations and immigration legislation related to Hurricane Katrina are covered in other products and are not discussed here. The final section of the report lists enacted legislation and selected bills receiving action.

CIVILIAN BORDER PATROL ORGANIZATIONS: AN OVERVIEW AND HISTORY OF THE PHENOMENON
CRS Publication Date: 09/07/2005
Document No.: M-090705
Author(s): Blas Nunez-Neto, Domestic Social Policy Division
Abstract: This memorandum provides a history of civilian border patrol organizations operating along the Southwest border. The issue of civilian border patrol organizations recently received a large amount of national publicity as a result of the Minuteman Project, which placed hundreds of volunteers along a stretch of the Arizona-Mexico border during the month of April, 2005.

HURRICANE KATRINA-RELATED IMMIGRATION ISSUES AND LEGISLATION
CRS Publication Date: 10/18/2005
Document No.: RL33091
Author(s): Ruth Ellen Wasem, Domestic Social Policy Division
Abstract: This report focuses on four immigration policy implications of Hurricane Katrina. It opens with a discussion of employment verification and other documentary problems arising for those who have lost their personal identification documents. It follows with an overview of the rules for noncitizen eligibility for federal benefits. Issues pertaining to how the loss of life or livelihood affects eligibility for immigration visa benefits are discussed next. The report closes with background on relief from removal options for Katrina-affected aliens. Legislation addressing these policy areas is discussed in the relevant sections.

BORDER SECURITY: FENCES ALONG THE U.S. INTERNATIONAL BORDER
CRS Publication Date: 09/21/2005
Document No.: RS22026
Author(s): Blas Nunez-Neto, Domestic Social Policy Division; and Stephen R. Vina, American Law Division
Abstract: This report outlines the issues involved with the Department of Homeland Security's (DHS's) completion of a three-tiered, 14-mile fence, along the border near San Diego, California. The state of California delayed completion of the fence due primarily to legal and policy conflicts with its federally-approved, state-run Coastal Management Program. Former authorization for the fence only allowed the waiver of the Endangered Species Act and the National Environmental Policy Act. During the 109th Congress, provisions to facilitate the completion of the border fence were included in the REAL ID Act of 2005 (H.R. 418), which was subsequently added to H.R. 1268, the Emergency Supplemental Appropriations Act, and signed into law on May 11, 2005 (P.L. 109-13). The border fence provisions allow the Secretary of DHS to waive all legal requirements determined necessary to ensure expeditious construction of authorized barriers and roads.

SUMMARY OF STATE LAWS ON THE ISSUANCE OF DRIVERS LICENSES TO UNDOCUMENTED ALIENS
CRS Publication Date: 09/13/2005
Document No.: RL32127
Author(s): Alison M. Smith, American Law Division
Abstract: This report summarizes the policy arguments related to states issuance of drivers licenses to undocumented or illegal aliens. In addition, the report includes a state-by-state summary of the state laws on issuing licenses to immigrants.

All reports available from GalleryWatch.com

November 1, 2005 in Gov Docs, Legal Research | Permalink | Comments (1) | TrackBack

Alito Trivia

The Daily Princetonian has published classmate reminiscences of SCOTUS nominee Samuel Alito ('72). Meanwhile Ms. Wonketee has a fashion review of the clothing the Alito family wore at the White House for the nomination announcement. (Alito's son needs a new pair of pants.)

November 1, 2005 | Permalink | Comments (0) | TrackBack

Call for Nominations for the CALI Board of Directors

Deadline Monday, November 14, 2005

The Center for Computer-Assisted Legal Instruction (CALI) is seeking nominations of qualified and enthusiastic individuals to fill vacant positions on its Board of Directors. If you know of someone who would like to contribute to the research and development, strategic planning and governance of CALI, then consider nominating them for the CALI Board of Directors. It would be a good idea to clear it with the person first to make sure they want to be nominated. Self-nominations are acceptable.

Directors are required to attend two meetings a year (June during the CALI Conference and January during AALS). In addition, Directors serve on committees at the behest of the President of the Board and work on other projects and issues relating to the governance, strategy-setting and promotion of CALI’s mission and activities. Directors terms are for three years at which time their service is evaluated by the Nomination Committee along with other nominees. Service on the CALI Board is voluntary and gratis. Travel expenses for the Board meetings can be covered by CALI if institutional support is unavailable.

The list of all nominees will be submitted to the Nomination Committee who will determine a slate of candidates to be presented to the CALI Membership at the Annual Luncheon held on Monday, January 5, 2006 during AALS in Washington, DC. All nominees will be contacted during the third week of November.

If you have any questions or wish to submit a nominations, contact John Mayer, Executive Director at 312-906-5307 or jmayer@cali.org. Visit the CALI website at www.cali.org to learn more about CALI’s activities.

November 1, 2005 in Library Associations | Permalink | Comments (0) | TrackBack

The Better Qualified, Easier to Confirm Also Ran, J. Michael Luttig

If Judge Samuel Alito fails to be confirmed by the Senate, watch for J. Michael Luttig. to be the next and final nominee.

November 1, 2005 in News | Permalink | Comments (0) | TrackBack

October 31, 2005

And in the Red Corner, "Scalito" Alito!

CNN is reporting that President Bush has nominated Judge Samuel Alito to the Supreme Court today. Obviously, the Administration is expecting to go to war over this one. See my earlier post.

Transcript of Announcement

BBC Profile of Judge Alito | AP Profile | CNN Profile

October 31, 2005 in News | Permalink | Comments (0) | TrackBack

Blogs as Information Sources Suitable for Research: Sampling the Coverage of the CIA Leak and Libby Indictment

In an earlier post, I noted that the New York Times sampled blogger reaction to the Libby indictment in the outing of CIA operative Valerie Plame. It took my rapidly decaying brain cells 24 hours to realize that sampling the Law Professor Blogs Network coverage of this investigation leading up to and including the Network's post-indictment coverage might be interesting (and hopefully useful). Alone the way I realized that our network's coverage clearly illustrates that blogs can be research quality publications -- "scholarship in motion" to borrow a phrase coined by Sentencing Law & Policy Prof editor Douglas Berman (Ohio) -- when the objective of blog editors is to exercise their expertise in the provision of resources, and the selection and analysis of events in a very timely manner. As I stated in the inaugural post for this blog, Putting Law Librarian Blog in Perspective:

Blogs are no longer just vehicles for personal expression, ones offering up whatever bloggers feel like writing about. The Post is much more than that now.

As proof of concept, here is the Law Professor Blog Network's recent coverage of the Valerie Plame investigation including the Libby indictment along with post-indictment analysis as of Sunday morning, October 30, 2005. The posts are displayed in reverse chronological order and include coverage of the Judith Miller controversy.

  1. Ellen Podgor, Perjury, But Not Quite Perjury - Libby Indictment, White Collar Crime Prof Blog (Oct. 29, 2005)

  2. Douglas Berman, More on Lewis Libby's Possible Plea and Sentencing Dynamics, Sentencing Law & Policy (Oct 29, 2005)

  3. Peter Henning, The Libby Indictment, White Collar Crime Prof Blog (Oct. 28, 2005)

  4. Ellen Podgor, Libby Indicted, White Collar Crime Prof Blog (Oct. 28, 2005)

  5. Douglas Berman, Sentencing Dynamics in CIA Leak Investigation, Sentencing Law & Policy (Oct. 28, 2005)

  6. Joe Hodnicki, Grand Jury Indicts Top Cheney Aide Scooter Libby; Karl Rove Not Off the Hook Yet, Law Librarian Blog (Oct. 28, 2005)

  7. CrimProfs on Libby Indictment, CrimeProf Blog (Oct. 28, 2005)

  8. Libby Indictment Text Here, CrimeProf Blog (Oct. 28, 2005)

  9. Dale Oesterle, Libby Indicted: Does Fitzgerald Have a Conflict of Interest??, Business Law Prof Blog (Oct. 28, 2005)

  10. Douglas Berman, Has Patrick Fitzgerald Done Guideline Calculations?, Sentencing Law & Policy (Oct 26, 2005)

  11. Ellen Podgor, How High Could This Leak Investigation Go?, White Collar Crime Prof Blog (Oct. 25, 2005)

  12. Ellen Podgor, President Sees Leak Case as "Very Serious", White Collar Crime Prof Blog (Oct. 25, 2005)

  13. Mark Giangrande, Special Prosecutor Patrick Fitzgerald Now Has a Web Site, Tech Law Prof Blog (Oct. 24, 2005)

  14. Ellen Podgor, The Story of "Scooter" Libby, White Collar Crime Prof Blog (Oct. 24, 2005)

  15. Peter Henning, Is Perjury a "Technicality"?, White Collar Crime Prof Blog (Oct. 24, 2005)

  16. Ellen Podgor, Will This Be Patrick Fitzgerald's Big Week?, White Collar Crime Prof Blog (Oct. 23, 2005)

  17. Christine Corcos, More on Miller, Media Law Prof Blog (Oct 23, 2005)

  18. Christine Corcos, Newsweek on Miller and the Times, Media Law Prof Blog (Oct. 23, 2005)

  19. Christine Corcos, Times Editor Expresses Dismay Over Miller's Role in CIA Leak Case, Media Law Prof Blog (Oct. 22, 2005)

  20. Peter Henning, Special Counsel Fitzgerald's New Website, White Collar Crime Prof Blog (Oct. 22, 2005)

  21. Peter Henning, Rove + Libby = ?, White Collar Crime Prof Blog(Oct. 20, 2005)

  22. Ellen Podgor, Security Clearance for Miller, White Collar Crime Prof Blog (Oct. 19, 2005)

  23. Ellen Podgor, Could VP Cheney's Office Be Involved?, White Collar Crime Prof Blog (Oct. 18, 2005)

  24. Ellen Podgor, "Don't Go There", White Collar Crime Prof Blog (Oct. 17, 2005)

  25. Ellen Podgor, What Does Patrick Fitzgerald Do Now?, White Collar Crime Prof Blog (Oct 16, 2005)

  26. Ellen Podgor, More on the Judith Miller Case, White Collar Crime Prof Blog (Oct. 16, 2005)

  27. Christine Corcos, Judith Miller's Account of Her Testimony In the Times, Media Law Prof Blog (Oct. 16, 2005)

  28. Christine Corcos, The Miller Case, in Miller's Paper, Media Law Prof Blog (Oct. 16, 2005)

  29. Christine Corcos, Judge Hogan Lifts Contempt Citation In Miller Case, Media Prof Blog (Oct 13, 2005)

  30. Peter Henning, Is Libby Wearing the Bullseye?, White Collar Crime Prof Blog (Oct. 13, 2005)

  31. Christine Corcos, From Across the Pond, An Assessment of Judith Miller's Saga, (Oct. 10, 2005)

  32. Peter Henning, How Fitzgerald Got Miller to Testify -- And How Much Should We Know, White Collar Crime Prof Blog (Oct. 6, 2005)

  33. Peter Henning, What Now, Mr. Fitzgerald?, White Collar Crime Prof Blog (Oct. 3, 2005)

  34. Christine Corcos, Liptak Article In Today's NY Times Discusses Confusion Over Whether Miller Had "Unequivocal" Waiver From Libby--And When, Media Law Prof Blog (Oct. 1, 2005)

  35. Christine Corcos, Out of Jail, Judith Miller Appears Before Grand Jury--Was All This Necessary?, Media Law Prof Blog (Sept. 30, 2005)

  36. Ellen Podgor, Judith Miller Released From Jail, White Collar Crime Prof Blog (Sept. 30, 2005)

  37. Christine Corcos, Judith Miller Out of Jail--Her Confidential Source Was Lewis Libby, Media Law Prof Blog (Sept. 29, 2005)

  38. Christine Corcos, Foreign Intellectuals, Celebs Sign Petition Requesting Judith Miller's Release, Media Prof Blog (Aug. 25, 2005

  39. Ellen Podgor, Dole Continues to Support Judith Miller, White Collar Crime Prof Blog (Sept. 3, 2005)

  40. Ellen Podgor, More on the Leak Case, White Collar Crime Prof Blog (July 24)

  41. Ellen Podgor, Can the "S" Show Intent?, White Collar Crime Prof Blog (July 22, 2005)

  42. Christine Corcos, John Dean Ruminates on Karl Rove's Potential Legal Troubles, Media Law Prof Blog (July 15, 2005)

  43. More on Jailing of Judith Miller, White Collar Crime Prof Blog (July 7)

  44. Christine Corcos, Judge Sends Miller to Jail, Media Prof Blog (July 6, 2005)

  45. Christine Corcos, Fitzgerald Still Wants Cooper/Miller Testimony, Hearing Set for Today, Media Law Prof Blog (July 6, 2005)

  46. Christine Corcos, DC Circuit Denies Miller, Cooper Request for Rehearing, Media Law Prof Blog (Apr. 20, 2005)

Finally, in the unlikely event that anyone does prison time, you can bet the convict will be sent to one of the Top Five "Nicest" Prisons for White Collar Criminals, (Ellen Podgor, White Collar Crime Prof Blog (July 22, 2005)).

October 31, 2005 in Legal Research, Products & Services, Web Communications | Permalink | Comments (0) | TrackBack

The Constitution Was First a Pro-Tax Document

Got your attention? Certainly got mine. The above quote is from the Introduction to Tax Prof Calvin Johnson's recently released Righteous Anger at the Wicked States. The thesis strikes the "got it right" chord.

Righteous Anger at the Wicked States
The Meaning of the Founders' Constitution
Calvin H. Johnson, University of Texas, Austin
Cambridge University Press
Hardback (ISBN-10: 0521852323 | ISBN-13: 9780521852326)
Published October 2005 | 300 pages |  $75.00

From the Publisher's Description:

"This book is a history that explains the adoption of the US Constitution in terms of what the proponents of the Constitution were trying to accomplish. The Constitution was a revolutionary document replacing the confederation mode with a complete three-part national government supreme over the states. The most pressing need was to allow the federal government to tax, to pay off the Revolutionary War debts because in the next war, the United States would need to borrow again. The taxes needed to restore the public credit proved to be quite modest, however, and the Constitution went far beyond the immediate fiscal needs. This book argues that the proponents’ anger at the states for their recurring breaches of duty to the united cause explains both critical steps and the driving impetus for the revolution. Other issues were less important."

And why replace the Articles of Conferation? Because the pro-tax founding founders knew they could not muster unanimous support for its taxing proposals. James Madison's own state, Virginia, would have voted against any federal tax as would have Rhode Island and New York.

"Since the Framers did not think they could satisfy the Articles’ requirement for unanimous confirmation by the states, they ignored the unanimous ratification requirement, ripped up the Articles of Confederation, and ended the confederation system of government. If the Articles of Confederation had not required unanimity or the Framers had not been so angry, the Framers might well have tried to find a solution to the fiscal crisis within the confederate mode in a way that preserved state sovereignty. Once they had to pass beyond the Articles, the Framers had freedom to be more radical in their changes. Starting from scratch, they abandoned the Articles and the old confederation framework."

As noted by TaxProf Blog, Johnson's Righteous Anger at the Wicked States was the subject of a two-day seminar at the University of Texas last week.

October 31, 2005 in New Publications | Permalink | Comments (0) | TrackBack

Results of Government Documents Core Reference Tools Survey

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.)?

The Top 10 - some Reference Tools tied in votes. The top 5 received substantial votes.

1. Statistical Abstract of the U. S.
2. Code of Federal Regulations & LSA
3. United States Code
4. Federal Register
5. Congressional Record
6. U. S. Statutes at Large, U. S. Government Manual, and GPO Monthly Catalog of U. S. Government Publications
7. County and City Data Book
8. State Codes, Occupational Outlook Handbook, Congressional Hearings, United States Code Annotated (Westlaw), and CIA - The World Factbook
9. U. S. Census of Population, Historical Statistics of the United States, Digest of Education statistics, and Andriot (Guide to U. S. Government Publications)
10. U. S. Geological Survey Maps, State Census, Public Papers of the Presidents , NAICS (North
American Industry Classification System), CIS U. S. Serial Set Index, Budget of the U. S. Government

What are the essential 3-5 Web-accessible or other Government Document databases that you can't work without in answering reference questions (e.g., laws, codes, statistics, etc.)?

The Top 10 Government Documents Web Sites - Some sites tied in votes:

1. THOMAS Legislative Information on the Internet
2. GPO Access
3. U.S. Census Bureau
4. American Factfinder
5. FirstGov.gov, Bureau of Labor Statistics (U.S. Department of Labor), and LexisNexis (Congressional, Statistical, etc.)
6. Monthly Catalog of U. S. Government Publications (OCLC or GPO Access), Internal Revenue Service, and Federal Register
7. STAT-USA and FEDSTATS
8. The Library of Congress
9. EDGAR (U.S. Securities and Exchange Commission) and Code of Federal Regulations & LSA
10. U. S. Patent and Trademark Office, Statistical Abstract of the U. S.
State Government Web Site, PubMed, NOAA (National Oceanic and Atmospheric Administration) - , MedlinePlus, Google Uncle Sam, GAO (The Government Accountability Office), ERIC (Education
Resources Information Center), CIA - The World Factbook, and Bureau of Economic Analysis (U. S. Department of Commerce).

These Government Documents Web Sites Received 2 votes each:

Weekly Compilation of Presidential Documents
U.S. Department of Energy
The White House
Public and Private Laws
NTIS (National Technical Information Service),
Economic Report of the President
Economic Census (U.S. Census Bureau)
Congressional Record
Catalog of Federal Domestic Assistance.

These Print Government Documents Reference Tools Received 2 votes each:

Uniform Crime Report
U. S. Industry and Trade Outlook
State Government Directories
Sourcebook of Criminal Justice Statistics
Foreign Relations of the United States
Economic Report of the President
Crime in the United States
Congressional Directory
Classified Index of National Labor Relations Board Decisions and Related Court Decisions
All statistical sources Health, Education, Justice, historical, etc. Agricultural Statistics

Thanks to Diane K. Kovacs

October 31, 2005 in Gov Docs | Permalink | Comments (0) | TrackBack

Federal Sentencing Stiffened for Peer-To-Peer Copyright Violations

Tech Law Prof Blog has the details.

October 31, 2005 in Statutes & Regs | Permalink | Comments (0) | TrackBack

October 30, 2005

The Google Print Controversy: A Bibliography

Charles W. Bailey, Jr., Assistant Dean for Digital Library Planning and Development, University of Houston Libraries, has compilied a bibliography that presents selected English-language electronic works about Google Print that are freely available on the Internet. It has a special focus on the legal issues associated with this project. Nicely done.

October 30, 2005 in Legal Research | Permalink | Comments (0) | TrackBack

Senate Judiciary Committee Debates Proposal to Split 9th Circuit

JURIST is reporting on the very partisian attempt to split the 9th Circuit into two: one, the "blue circuit." covering California, Hawaii and the Pacific Islands, and the other, the "red circuit," containing the remaining states.

October 30, 2005 in News | Permalink | Comments (0) | TrackBack