Law Librarian Blog

Series of Open Source Licensing Articles

IBM is publishing on its website a series of articles on open source licensing by Martin Streicher, Editor-in-Chief of Linux Magazine. The intent is intended to introduce readers to the basics of open source licensing.

Part One describes the tenets of copyright and explains the intents of an open source license.

Part Two explores the two most popular forms of open source licenses -- the academic license and the reciprocal license -- and describes the obligations of licensees that accept the terms of each.

Additional articles are expected. Use this search to check for future parts of the series: http://www-128.ibm.com/developerworks/views/opensource/libraryview.jsp?search_by=open+source+licensing

CRS Reports on Takings

TAKINGS DECISIONS OF THE U.S. SUPREME COURT: A CHRONOLOGY
CRS Publication Date: 10/19/2005
Document No.: 97-122
Author(s): Robert Meltz, American Law Division

Abstract: This report is a reverse chronological listing of U.S. Supreme Court decisions on claims that a government entity has "taken" private property, as that term is used in the Takings Clause of the Fifth Amendment. All but the most inconsequential decisions are included. Cases on condemnation and eminent domain topics not unique to the takings context are omitted.

THE ENDANGERED SPECIES ACT AND CLAIMS OF PROPERTY RIGHTS "TAKINGS"
CRS Publication Date: 10/14/2005
Document No.: RL31796
Author(s): Robert Meltz, American Law Division

Abstract: The federal Endangered Species Act (ESA) has long been one of the major flash points in the "property rights" debate. This report first outlines the ESA provisions most relevant to the act's impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species. To date, only one of the 14 ESA-based takings decisions revealed by research has found a taking.

PROPERTY RIGHTS "TAKINGS": JUSTICE O'CONNOR'S OPINIONS
CRS Publication Date: 08/19/2005
Document No.: RS22227
Author(s): Robert Meltz, American Law Division

Abstract: When Justice O'Connor ascended to the Supreme Court, expectations were that she would adhere to the conservative line and generally uphold the property rights position over the government's in Fifth Amendment "takings" cases. This did not happen. Instead, in this area as well as others, she established her place at the Court's ideological center. To be sure, Justice O'Connor made many arguments favoring property owners, in both her opinions and her concurrences and dissents. But this asserted empathy for the property owner did not translate into espousal of bold doctrinal shifts in takings law. Rather she preferred an ad hoc case-by-case approach, as embodied in the Penn Central test for regulatory takings, whose current dominance she helped to establish. The remainder of the report reviews her takings-related writings for the Court.

INTERNATIONAL CONFLICT AND PROPERTY RIGHTS: FIFTH AMENDMENT "TAKINGS" ISSUES
CRS Publication Date: 10/05/2001
Document No.: RS21040
Author(s): Robert Meltz, American Law Division

Abstract: The terrorist attacks of September 11, 2001 raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause. The property of enemy aliens receives no Taking Clause protection, at least in the context of traditional wars.

THE CONSTITUTIONAL LAW OF PROPERTY RIGHTS "TAKINGS": A PRIMER
CRS Publication Date: 12/04/2000
Document No.: RS20741
Author(s): Robert Meltz, American Law Division

Abstract: This report introduces the Takings Clause of the Fifth Amendment: "[N]or shall private property be taken for public use without just compensation." The Clause, extensively explicated by the courts in recent decades, seeks to strike a balance between societal goals and the burdens imposed on property owners to achieve those goals. In filing a "taking action" in court, the property owner first must surmount threshold hurdles such as ripeness and the statute of limitations. If successful, the court then will address whether a taking occurred, the criteria depending on whether the claim is of the regulatory taking, physical taking, or exaction taking variety. If a taking is found, the constitutionally required remedy is usually compensation of the property owner, rather than invalidation of the government action.

WETLANDS REGULATION AND THE LAW OF PROPERTY RIGHTS "TAKINGS"
CRS Publication Date: 02/17/2000
Document No.: RL30423
Author(s): Robert Meltz, American Law Division

Abstract: Federal and state wetlands regulation continues to generate lawsuits claiming that a wetland owner's property has been "taken," and therefore should be compensated. This report reviews the large body of law developed in court decisions in this area, as a backdrop to congressional efforts to reauthorize the federal wetlands permitting program. The report discusses the takings test used when permission to fill a wetland is denied, when mitigation conditions are imposed, and when regulation causes lengthy project delays. Several cross-cutting issues are broken out for separate treatment.

Reports are available from GalleryWatch

Ron Jones, University of Cincinnati Law Library

Watch Report Protect

The Washington Post's Walter Pincus provides a disturbing overview of the DoD's multi-faceted domestic surveillance activities through little known intelligence programs and agencies. Many of these activities have been expanding with little scrutiny by Congress or the public.

The article profiles activities of the US Northern Command, the DoD's CIFA (Counterintelligence Field Activity) and the Eagle Eyes Program of the US Air Force Office of Special Investigations which "enlists the eyes and ears of Air Force members and citizens in the war on terror."

File under "Tip of the Iceberg."

FAIR v. Rumsfeld: Dueling Blog Posts

On December 6, 2005 the U.S. Supreme Court will hear argument in FAIR v. Rumsfeld, a case arising from a challenge to the constitutionality of the Solomon Amendment, a federal law denying federal funds to institutions of higher learning, including law schools, that fail to facilitate the efforts of military recruiters.

ACSBlog is hosting a debate between two distinguished academics who have been actively involved in the case to debate its merits. Presenting the arguments against the constitutionality of the Solomon Amendment will be William Eskridge, a professor of law at Yale Law School and a board member of FAIR; William Polsby, professor of law and Dean of the George Mason University School of Law, who has filed an amicus brief in support of the Amendment, will take the contrary view.

Today through Friday, Dean Polsby will post in the morning and Professor Eskridge will respond in the afternoon. Bookmark to follow all posts.

Latin American Government Documents Archive Available Online

Given how hard it is to find foreign documents, especially those in a language other than English, it's nice to discover an archive that collects a large number of them.  The Latin American Government Documents Archive has collected snapshots of the official sites of 21 Latin American and Caribbean nations, and includes thousands of documents within the collection.

Here is an excerpt from the page's own description:

The Latin American Government Documents Archive (LAGDA) seeks to preserve and facilitate access to a wide range of ministerial and presidential documents from 21 Latin American and Caribbean countries. The Archive contains copies of the Web sites of over 100 government ministries and presidencies, captured on multiple dates during a two month period in the Fall of 2005.

Content in the Archive includes not only the full-text versions of official documents, but also original video and audio recordings of key regional leaders. Archive contents include thousands of annual and "state of the nation" reports; speeches by presidents and government ministers; national census data; and, national statistical reports and yearbooks. All content can be accessed via full-text search, or by browsing by country or specialized collections, such as "Presidential Messages," "Ministerial Documents," or "Statistical Agencies."

The LAGDA is a joint project of three organizations at the University of Texas at Austin: The University of Texas Libraries, The Nettie Lee Benson Latin American Collection, and the Latin American Network Information Center. Web archiving services are provided by the Internet Archive.

Mark Giangrande, DePaul Law Library

Padilla Resouces

From Findlaw.com:

U.S. V. ADHAM AMIN HASSOUN, MOHAMED HESHAM YOUSSEF, KIFAH WAEL JAYYOUSI, KASSEM DAHER, AND JOSE PADILLA
November 22, 2005

The indictment of American Jose Padilla on terrorism charges, alleging the he conspired to "murder, kidnap and maim people abroad and support terrorists. Over the last three (3) years, Padilla was detained by the military under Pres. Bush's order after previously being designated an 'enemy combatant' and considered a 'dirty bomb' suspect.

http://news.findlaw.com/legalnews/us/terrorism/cases/index.html#padilla

Pres. Bush's Memo authorizing Padilla's transfer from the U.S. Dept. of Defense to the control of the U.S. Attorney General
http://news.findlaw.com/hdocs/docs/padilla/gwb112005memo.html

Notice of Padilla's release from a military brig and transfer of custody
http://news.findlaw.com/hdocs/docs/padilla/padhnft2205rls.pdf

Case History
http://news.lp.findlaw.com/legalnews/us/terrorism/cases/index.html#padilla

FindLaw Special Coverage: Terror-Related Cases
http://news.findlaw.com/legalnews/us/terrorism/

U.S. Attorney General Alberto Gonzales
http://pview.findlaw.com/view/1505800_1

Defense Attorney Andrew Patel
http://pview.findlaw.com/view/1200006_1

Defense Attorney Donna Newman
http://pview.findlaw.com/view/2946081_1

Ron Jones, University of Cincinnati Law Library

Sold by the Page

Knowledge@Wharton sorts out the copyright and business issues surrounding the digitization of books by Google, Amazon and others in Will the Online Book Publishing Flap Rewrite Copyright Law?

Findlaw's Family Law Resource Center

FindLaw has launched a family law resource center full of useful information about adoption, child custody, child support, divorce and separation and marriage and living together. 

Thanks to ResearchBuzz! for the tip.

Part of Supreme Court Building's Marble Facade Collapses

The Associate Press is reporting that part of the marble facade on the front of the Supreme Court collapsed Monday morning, falling onto the steps leading into the court house. No injuries were reported.

Mark Giangrande, DePaul Law Library

Loyola Law Library New Orleans Back in Business!

Loyola Law Library New Orleans is reopening to the public today, Monday, November 28, 2005.  The Law Library will be open Monday - Friday from 10:00a.m. - 4:00 p.m..

Great news!

Alito "fourth most neutral" in Choi and Gulati Study

Based on productivity, the quality of opinions and judicial independence, Alito ranked 16th out of 74 active appellate court judges, with high marks for independence according to "Choosing the Next Supreme Court Justice: An Empirical Ranking of Judicious Performance" (2003) by Stephen Choi (UC Berkeley) and Mitu Gulati (Georgetown). Read more about it in ABA Rating Not Out Yet, but Law Professors Have Graded Alito

Legislative Materials on the National Defense Authorization Act

By a 98 to 0 vote, the Senate passed S. 1042, National Defense Authorization Act for Fiscal Year 2006.  The bill, which authorizes appropriations for various government agencies, also contains a controversial section (Grahm/Levin amendment)on restricting court review of the U.S. military's dealings with detainees. 

Legislative Materials
S. 1042
S. Rept. 109-69
Congressional Record citations
Graham/Levin amendment

Ron Jones, University of Cincinnati Law Library

Recent NBER Reports on Legal Topics

The U.S. Constitution and Monetary Powers: An Analysis of the 1787 Constitutional Convention and Constitutional Transformation of the Nation's Monetary System Emerged by Farley Grubb - #11783

Abstract: The monetary powers embedded in the U.S. Constitution were revolutionary and led to a watershed transformation in the nation's monetary structure. They included determining what monies could be legal tender, who could emit fiat paper money, and who could incorporate banks. How the debate at the 1787 Constitutional Convention over these powers evolved and led the Founding Fathers to the specific powers adopted is presented and deconstructed. Why they took this path rather than replicate the successful colonial system and why they codified such powers into supreme law rather than leaving them to legislative debate and enactment are addressed.

The Theory of Public Enforcement of Law by A. Mitchell Polinsky, Steven Shavell - #11780

Abstract: This chapter of the forthcoming Handbook of Law and Economics surveys the theory of the public enforcement of law -- the use of governmental agents (regulators, inspectors, tax auditors, police, prosecutors) to detect and to sanction violators of legal rules. The theoretical core of our analysis addresses the following basic questions: Should the form of the sanction imposed on a liable party be a fine, an imprisonment term, or a combination of the two? Should the rule of liability be strict or fault-based? If violators are caught only with a probability, how should the level of the sanction be adjusted? How much of society's resources should be devoted to apprehending violators? We then examine a variety of extensions of the central theory, including: activity level; errors; the costs of imposing fines; general enforcement; marginal deterrence; the principal-agent relationship; settlements; self-reporting; repeat offenders; imperfect knowledge about the probability and magnitude of sanctions; corruption; incapacitation; costly observation of wealth; social norms; and the fairness of sanctions.

Liability for Accidents by Steven Shavell - #11781

Abstract: This is a survey of legal liability for accidents. Three general aspects of accident liability are addressed. The first is the effect of liability on incentives, both whether to engage in activities (for instance, whether to drive) and how much care to exercise (at what speed to travel) to reduce risk when so doing. The second general aspect concerns risk-bearing and insurance, for the liability system acts as an implicit insurer for accident victims and it imposes risk on potential injurers (because they may have to pay judgments to victims). In this regard, victims' accident insurance and injurers' liability insurance are taken into account. The third general aspect of accident liability is its administrative expense, comprising the cost of legal services, the value of litigants' time, and the operating cost of the courts. A range of subtopics are considered, including product liability, causation, punitive damages, the judgment-proof problem, vicarious liability, and nonpecuniary harm. Liability is also compared to other methods of controlling harmful activities, notably, to corrective taxation and to regulation.

Law Professor Blogs Network Round-up: Elder and Family Law Developments

This week's Law Professor Blogs Network round-up features Elder Law Prof Blog by Kim Dayton (William Mitchell) and Family Law Prof Blog by Barbara Glesner Fines (Univ. of Missouri-Kansas City), Robert E. Oliphant (William Mitchell) and Nancy Ver Steegh (William Mitchell).

Selections from Elder Law Prof Blog:

CMA: Medicare Part D--To Err Is Human, But Can We Forgive All These Mistakes

From the Center for Medicare Advocacy:Advocates, including the Center for Medicare Advocacy and our colleagues, have received a steady stream of communications from beneficiaries regarding problems with the www.medicare.gov Personal Plan Finder, the Formulary Finder, 1-800 Medicare, and the 2006...

TOC: Elder Law Journal

Here's the TOC for the next issue of The Elder Law Journal (published at the University of Illinois) Top Ten Myths of Social Security Reform Jeffrey R. Brown, Kevin A. Hasset Kent Smetters Disparate Impact or Negative Impact?: The Future...

Acetaminophen may help dementia patients?

Via Reuters Health:The over-the-counter painkiller acetaminophen may help elderly adults with dementia become more active and socially engaged, the results of a small study suggest. Researchers found that when they gave acetaminophen to nursing home patients who had moderate to...

Not elder law: Check out Mars while you still can

That bright star in the eastern night sky right now is not a star at all, but Mars, which won't pass as close to Earth as it is now until 2018 . You'll need a small telescope to see its...

Part D beneficiaries will pay more than veterans, Cosco customers for brand name drugs

Via UPI:A congressional report says drug prices through the new Medicare benefit are higher than those negotiated for veterans, in Canada and high-volume drugstores. A Medicare official challenged the House Government Reform Committee report, requested by ranking Democrat Rep. Henry...

CMS Spends $300 million to promote Part D

From The Hill: Medicare beneficiaries may be confused about the finer points of their new prescription-drug coverage, but a multimillion-dollar advertising campaign conducted by the Bush administration should at least have made them aware that the benefit is coming. The...

Improving the Transition to End-of-Life Care

Via Medical News Today: A new book, A Palliative Ethic of Care: Clinical Wisdom at Life's End (Jones and Bartlett Publishers) offers clinicians, medical students, patients, and family members a practical guide to the subject. Written by a world-renowned authority...

Advocacy Groups File Suit Over Part D and Dual Eligibles

From the AP via the Seattle Post Intelligencer: Eight advocacy groups asked a federal judge on Monday to ensure that no elderly or disabled Americans lose access to their prescription drugs as they enroll in the new Medicare drug plan....

Selections from Family Law Prof Blog:

Massachusetts Gay Marriage Foes May Get Constitutional Amendment on Ballot

Backers of a proposed constitutional amendment to put a stop to gay marriage in Massachusetts said Tuesday they have gathered almost twice the number of signatures needed to put it on the ballot in 2008. Beyond the signatures, the proposal...

Former New York Teacher Receives 32 Years in Prison For Sex Abuse

A former Lutheran school music teacher has been sentenced to 32 years in prison for sexually abusing a young girl and taking pornographic pictures of her. Michael J. Solomon, 41, abused the girl, who was under the age of 11,...

Former Maine Teacher Sentenced to 18 Months in Prison For Sex With Student

A former teacher from West Gardiner, Maine will spend 18 months in prison for sexually abusing an eighth grade student. A judge has also ordered Richard Greenleaf Jr. to undergo counseling and to register as a sex offender for the...

Albany, New York Teacher Gets 6 Months Imprisonment For Sex With Student

Sandra Beth Geisel Geisel pleaded guilty to one count of third-degree rape after she admitted having sex with a 16-year-old student. She was sentenced to 6 months in jail, and 10 year of probation. She is also being forced to...

California Teacher Gets 1 Year In Jail For Having Sex With Three Students

Elizabeth Stow won't go to prison unless she breaks a tightly-constructed, 29-condition probation term of five years. She will, though, have to serve 364 days in jail, perform community service and pay restitution fines. Stow, 26, of Visalia, California was...

Former New York Teacher Receives 32 Years in Prison For Sex Abuse

A former Lutheran school music teacher has been sentenced to 32 years in prison for sexually abusing a young girl and taking pornographic pictures of her. Michael J. Solomon, 41, abused the girl, who was under the age of 11,...

Former Maine Teacher Sentenced to 18 Months in Prison For Sex With Student

A former teacher from West Gardiner, Maine will spend 18 months in prison for sexually abusing an eighth grade student. A judge has also ordered Richard Greenleaf Jr. to undergo counseling and to register as a sex offender for the...

Albany, New York Teacher Gets 6 Months Imprisonment For Sex With Student

Sandra Beth Geisel Geisel pleaded guilty to one count of third-degree rape after she admitted having sex with a 16-year-old student. She was sentenced to 6 months in jail, and 10 year of probation. She is also being forced to...

California Teacher Gets 1 Year In Jail For Having Sex With Three Students

Elizabeth Stow won't go to prison unless she breaks a tightly-constructed, 29-condition probation term of five years. She will, though, have to serve 364 days in jail, perform community service and pay restitution fines. Stow, 26, of Visalia, California was...

Romanian Wife Seeks Divorce for Virtual Adultery

A Romanian woman demanded a divorce for virtual adultery after she caught her husband surfing the internet for porn. The woman, who has been married to her husband Ion for 23 years, told the court she couldn't go on because...

Rutgers President and Wife Finalize Divorce

The president of Rutgers University, Richard L. McCormick, and his wife, Suzanne Lebssock, a history professor at Rutgers, have completed their divorce. He acknowledged in 2003 that he had an affair with a woman in the University of Washington's administration...

Proposed Rule Will Keep Foster Children Smoke-Free

The county Board of Supervisors in San Luisobispo, California is being asked to reach into foster homes and tell parents to cut back on smoking in order to protect the children in their care. The county Department of Social Services...

Case Law Development: Role of Religious Practices in Change of Custody and Visitation Restrictions

The Alabama Supreme Court affirmed a trial court’s change of custody from Mother to Father based on the conduct of Mother’s new husband, providing an extraordinary discussion of the limits of a trial court's ability to consider religious practices and...

Case Law Development: Paternity and Child Support Actions Commenced After Mother's Death

In this case before the Arkansas Supreme Court, Mother died when her daughter was sixteen years old and the girl was then cared for by her Aunt. At Aunt's request, the state child support enforcement agency then brought a paternity...

Case Law Development: Effect of Currency Exchange Rate on Modifications of Child Support

When an obligor parent is working abroad, how should changes in the exchange rate be taken into consideration in modifying child support. In this case, the Supreme Court of Alaska held that fluctuations in the exchange rate could not be...

CDC's 10-Year Research Agenda

Public health scholars trying to synchronize their research activities to keep pace with the next new thing might want to take a look at the CDC's Public Health Protection Research Guide 2006 – 2015. The 60-day formal comment period on...

CDC: Better Quarantine Rules Needed

The AP reports that the CDC today proposed amendments to quarantine regulations, hoping changes such as easier access to airline passenger lists could better protect Americans from foreign infectious diseases, including bird flu. CDC's Pandemic Influenza PageNotice of Proposed Rulemaking...

Uniting Children of Anonymous Sperm Donors

Like most anonymous sperm donors, Donor 150 of the California Cryobank will probably never meet any of the offspring he fathered through sperm bank donations. There are at least four, according to the bank's records, and perhaps many more, since...

British Parents May Be Fined if Children Bully

Parents of pupils who attack or threaten their classmates could be fined £1,000 under new school plans, the government has announced. Speaking ahead of anti-bullying week, schools minister Jacqui Smith warned parents that troublemakers will not be tolerated. Pupils are...

Adoption: Many Express Interest But Few Follow Through?

More women say they are interested in adopting children but fewer are taking steps to adopt, a study shows. About 18 million women expressed an interest in adoption in 2002, a 38 percent increase from 13 million in 1995, said...

Case Law Development: U.S. Supreme Court Holds that Parents have Burden of Proof in Challenging IEPs

Petitioners’ assertion that putting the burden of persuasion on school districts will help ensure that children receive a free appropriate public education is unavailing. Assigning the burden to schools might encourage them to put more resources into preparing IEPs and...

Case Law Development: Parent may not Adopt Biological Child

Mother and Father had a child together in Texas. Soon after the child's birth, Father became violent toward Mother and Mother fled to her family in New York with the child, hiding her location from Father. Father undertook various efforts...

Case Law Development: Jurisdiction of TPR and Adoption Cases under UCCJA

The South Dakota Supreme Court held that termination of parental rights actions are in the nature of a custody proceeding governed by the UCCJA. In this case, Mother and Father lived in Colorado. Father had been convicted of sexual assault...rnrn

Case Law Development: Jurisdiction of TPR and Adoption Cases under UCCJA

The South Dakota Supreme Court held that termination of parental rights actions are in the nature of a custody proceeding governed by the UCCJA. In this case, Mother and Father lived in Colorado. Father had been convicted of sexual assault...

Case Law Development: Constitutionality of Grandparent Visitation Statutes

It has been five years since the United States Supreme Court decided Troxel v. Granville, 530 U.S. 57 (2000) and states continue to refine their grandparent visitation statutes in light of that decision. As we noted in our October 11th...

Case Law Development: Grandparent Visitation and Domestic Violence

What an eerie testament to the tragedy of domestic violence that three of the grandparent visitation cases in the past six months have involved denials of visitation to paternal grandparents based, in part, on their continued denial or defense of...

Case Law Development: Parents Regaining Custody after Voluntarily Placing Children With Grandparents

When parents voluntarily place their children in the care of Grandparents, they may find courts unwilling to disturb these arrangements at a later date. For example, the Arkansas appellate court recently affirmed the grant of custody of the daughter...

Murtha for President, No Such Motive

The Washington Post has published a profile of courage in The About-Face of a Hawkish Democrat. Of course I am referring to Rep. John P. Murtha who has called for a withdrawal of US troops from Iraq.

Oxford University Press launches new journal of Intellectual Property law

Oxford University Press has launced of a new Intellectual Property journal. The Journal of Intellectual Property Law and Practice, (JIPLP) will publish peer-reviewed research across the full range of substantive IP topics, including practice-related matters such as litigation; enforcement; drafting and transactions; and relevant aspects of related subjects such as competition and world trade law.

JIPLP aims to become an essential resource for lawyers and attorneys working in intellectual property law, patenting and trademarks, as well as academics specialising in IP, members of the judiciary, officials in IP registries or regulatory bodies, and institutional libraries. Subject-matter will be of global interest, with a particular focus upon IP law and practice in Europe.

JIPLP will be edited by Professor Jeremy Phillips, and will also benefit from the experience and insights of its distinguished editorial board, whose members include both practitioners and academics across Europe, the US and other key jurisdictions.

JIPLP is now online, with advanced access available to the latest articles. The first print issue will be available from the end of November 2005.

Read more about JIPLP: http://jiplp.oxfordjournals.org/