Law Librarian Blog

Data Leaks Persist From Afghan Base

This should make us feel safe...

From the L.A. Times:

A computer drive sold openly Wednesday at a bazaar outside the U.S. air base here holds what appears to be a trove of potentially sensitive American intelligence data, including the names, photographs and telephone numbers of Afghan spies informing on the Taliban and Al Qaeda.

The flash memory drive, which a teenager sold for $40, holds scores of military documents marked "secret," describing intelligence-gathering methods and information — including escape routes into Pakistan and the location of a suspected safe house there, and the payment of $50 bounties for each Taliban or Al Qaeda fighter apprehended based on the source's intelligence.

Check out the rest of the story.

Ron Jones, University of Cincinnati Law Library

Alleged British Hacker Fears Guantanamo

From Slashdot:

"The BBC is reporting that Gary McKinnon, a British man accused of breaking into the U.S. government computer networks, could end up at Guantanamo Bay. His lawyer is fighting his extradition to the United States arguing, 'The US Government wants to extract some kind of species of administrative revenge because he exposed their security systems as weak and helpless as they were.'"

Check out the BBC"s report.

Ron Jones, University of Cincinnati Law Library

CJ Roberts Chooses Next Director of the Administrative Office of the US Courts

Tony Mauro is reporting in the Legal Times that Chief Justice John Roberts Jr. has picked James Duff, managing partner of the D.C. office of Baker Donelson, to run the judicial branch as the next director of the Administrative Office of the U.S. Courts.

DUff's public service career includes serving as administrative assistant to the late Chief Justice William Rehnquist from 1996 to 2000 and as aide-de-camp to Rehnquist while the chief justice presided over the 1999 Senate impeachment trial of President Bill Clinton.

Federal Court Finds Air Force Engages in a Pattern or Practice of Violating the FOIA

Kudos to the National Security Archive. On Wednesday, a federal court granted partial summary judgment to the National Security Archive finding that the Air Force has violated the Freedom of Information Act and has engaged in a pattern or practice of violating the FOIA. 

From the press release:

In a suit brought by the Archive in March 2005, seeking to compel responses to 82 FOIA requests that had been pending between one and eighteen years, the court ordered the Air Force to provide the Archive with detailed information regarding each requested record and its FOIA processing, resolve each request with immediacy of attention and result, notify all agencies to which it has referred requests that it is operating under court order, and appear in court to discuss how to achieve results.

GPO Advances Strategic Vision

Source: Offical announcement distributed on the GPO-FDLP listserv: 

The U.S. Government Printing Office is moving forward with accomplishing the goals outlined in the GPO's Strategic Vision for the 21st Century with the creation of two new business lines headed by seasoned managers that will benefit the public and library partners.

Ric Davis will lead Library Services and Content Management. Davis, a 14-year veteran of GPO, will coordinate and administer a variety of GPO initiatives, including the Federal Depository Library Program (FDLP), the Cataloging and Indexing Program, the International Exchange Service, and the  By-Law Program. Additionally, Davis will manage the National Collection and National Bibliography of U.S. Government Publications, and GPO Access (www.gpoaccess.gov ), GPO's award-winning Web site that is the leading source of free, official Government information.

Kevin O'Toole will direct Publication and Information Sales. O'Toole will oversee GPO's Publication & Information Strategic Business Unit and coordinate the daily operations of three offices: Sales Planning & Development; Sales Services & Outreach; and Sales Support. O'Toole will also manage GPO's relationships with wholesale and retail businesses, book dealers, publishers, and libraries. O'Toole has held senior positions at the U.S. General Services Administration and the U.S. Department of the Treasury. 

With the appointment of two experienced managers to oversee the day-to-day operations of these departments, Superintendent of Documents Judy Russell, who continues with overall policy guidance and strategy responsibilities for these two units, will now focus her efforts on expanding the development of a new model for the FDLP in cooperation with Congress and GPO's library partners.

"The FDLP is one of the most unique and useful resources offered by the Government to provide the American public with permanent public access of U.S. Government information," said Bruce James, Public Printer of the United States. "Judy will take the principles that our Founding Fathers envisioned when they established the program in 1813, and embrace the new and emerging technologies of today to propel it forward into a program of the future."

The FDLP was established by Congress to ensure the American public has free access to Government information through the 1,266 Federal depository libraries across the country, as well as the Internet through www.GPOAccess.gov.

"I look forward to taking the groundwork developed in collaboration with our library partners and spending more of my time working with the community to achieve a successful model that will serve the people of this country well," said Russell.

Creeping Democracy of Web Influences Print Coverage

Interesting article from Editor & Publisher:

"In the past, in the days of ink-stained wretches and typesetting, it was the editors and publishers who set the news agenda. Today, editors are increasingly influenced by the whims of the Web.  One of the first things you learn working at a Web site these days is that the name of the game, besides serving your core readers, is attracting links from other sites. Links from blogs and news aggregators drive traffic, and more hits equals greater exposure. A single hot article can make the reputation of a site in wholly new communities."

Check out the rest of the story.

Ron Jones, University of Cincinnati Law Library

Excuses From Jury Pool

Great article about trying to get out of jury duty from the NY Times.

The perennial excuse?  Hemorrhoids ... You've got to check out the bit on Woody Allen ... classic.

Ron Jones, University of Cincinnati Law Library

Fact Sheets for China

The State Department has released several fact sheets which coincide with the President Hu Jintao’s visit.

Topics include:

• China and Human Rights
• Economic Relations Between the United States and China
• U.S.-China High Level Visits
• U.S.-China Relations

Ron Jones, University of Cincinnati Law Library

Opening: Director, Reference and Research Services, UCLA Law

The Hugh and Hazel Darling Law Library at the UCLA School of Law has initiated recruitment for the position of Director, Reference & Research Services and is actively seeking nominations and applications.  This is an Assistant Law Librarian position.  The first consideration date for this position is May 1, 2006; applications will be accepted until the position is filled.

The complete posting, which includes the position description, complete qualifications and application procedures, is available on the Employment and Human Resources website of the UCLA Library, at: http://www2.library.ucla.edu/about/2188.cfm

Did Dean Rapoport (Houston Law) Resign Over Drop in US News Rankings?

From our sister blogs --

Texas Law Prof Brian Leiter at Leiter's Law School Reports and Cincinnati Law Prof Paul Caron at TaxProf Blog have been covering the Houston Law School Dean resignation in some detail:

Houston Law Dean Rapoport Resigns (Leiter's Law School Reports, April 17, 2006)

Houston Dean Rapoport Resigns Following Flap Over Drop in U.S. News Rankings (TaxProf Blog, April 18, 2006)

More on Houston Dean Rapoport's Resignation (TaxProf Blog, April 20, 2006)

Comparing Law Libraries - A Librarian's Query

From Jonathan Franklin, Associate Law Librarian, Gallagher Law Library, University of Washington:

I am part of a group looking at ABA statistics and law libraries.  We are grappling with the changes brought on by digital resources given that law libraries have traditionally been compared by volume count.  In addition, because almost all law schools subscribe to the same large electronic resources, they level the playing field in some ways.  Thus many newer schools argue that traditional volume count less important that it used to be.  I'm curious how would one start thinking about ranking law libraries (or accounting for law libraries in law school rankings)?

We have started with the goal of finding a new measure or combination of measures, as qualitative measures don't work well when most faculty and students have extensively used two or three academic law libraries during their careers.  A starting point is whether title count should replace volume count.  For example, should it matter if school A has one copy of each of three different books (title count =3, volume count = 3) vs. School B with three of the same title & edition (title count = 1, volume count = 3)?  Maybe School A offers more "information" while school B offers more copies for a larger student body that needs more than one copy of that one title.  Since both have access to interlibrary loan, I'm not convinced title count is any better than volume count.

Step two rejects counting books in general and considers expenditures. Just as the Provost does not care what the Law School Dean's tactics are, the Dean should leave the tactics to the Law Librarian.  This has lead some to  think more about expenditures for the collection and for staffing?  Once you go down that route, there is the question of whether the raw number matters or whether it really should be staffing/# of faculty?

Some have suggested that the emphasis on the collection is outdated and that there should be core services offered by the library and that libraries should be compared on which of those services they offer. This is as challenging as the collection examples, due to the divergence in library/law school missions, especially the scholarship expectations of some schools when compared to others.

Finally, some have advocated for dropping collection-based figures or service counts entirely and instead looking at the library's total budget (either absolute or per faculty member), leaving it to the Law Librarian to determine how best to use the available resources (or have that assessed as part of the sabbatical ABA site visit).

Thanks for any thoughts. Please submit your thoughts in the form of a comment to this post.

- Jonathan

[Comments are held for screening to delete spam, so there will be some delay in posting.]

Russian Supreme Court Strives to Modernize Federation's Court Documentation System

According to a Chinalaw list post by Paul Jones (Barrister, Solicitor & Trad-mark Agent, Jones & Co., Toronto, Canada), the Moscow Times reported on Tuesday that

"the Supreme Court of the Russian Federation has decided that the lower courts are too opaque. In response to their study Russia is now completing the setting up of a single digital network that will link all courts by the end of the year. The goal is to allow internet users to track cases from filing to verdict online. And last Friday the Supreme Court submitted a bill to the State Duma that among other things would require the courts to publish their verdicts and post them on the internet. The access point will be http://www.sudrf.ru ."

Iran's Nuclear Program Symposium

Conducted by the Council on Foreign Relations on April 5, 2006, Iran's Nuclear Program Symposium covered the current standing of Iran's nuclear production and development, the motivation and strategies for its nuclear program, and sustainable policy options for the United States. Audio, video, and the transcript of the symposium are now available.

Summary: A Symposium on Iran’s Nuclear Program (pdf) | Access to Audio, Video and Transcript

GPO Looking for a Few Good Private Publishers

Source: Offical announcement distributed on the GPO-FDLP list.

The U.S. Government Printing Office is seeking to re-invent its Government publications sales program by making Government publications available in a commercial mainstream setting, expanding distribution channels and using the latest technology, while achieving significant cost reductions for taxpayers through private sector vendors. 

"As a result of GPO working with book dealers in the private sector, you will be able to go online or walk into your corner bookstore - and pick up or order - any Government title you want. From bestsellers like the 9-11 Commission Report, to hard-to-find titles and specialty books on health and labor regulations, you will be able to choose from the best collection of Government publications in the world," said Kevin O'Toole, Director of GPO's Publication and Information Sales. "We want to make the thousands of titles published by our Government accessible anytime and anywhere across the country." 

A Request for Proposal (RFP) was posted today on FedBizOpps, the Federal Business Opportunities Web site at http://www.fbo.gov/spg/GPO/PSPSD/WashingtonDC/GPOID2005/listing.html. Responses are due by June 1, 2006. More information and a link to the full text of the RFP are available on the GPO Web site at http://www.gpo.gov/partnership/. 

In addition to its sales program, GPO provides free access to Government information through www.GPOAccess.gov and through partnerships with more than 1,250 libraries participating in the Federal Depository Library Program. 

George W. Bush Public Papers

The fourth volume of the Public Papers of President George W. Bush, 2002 is now available for sale. The 1190-page hardcover volume was compiled by the Office of the Federal Register, an agency of the National Archives and Records Administration.

From the NARA press release:

The book covers the period July 1 to December 31, 2002. It contains the text of public speeches, news conferences, messages and statements, and communications to Congress. All materials are indexed by subject and name and listed according to document category. Four appendices are included, which provide supplementary materials such as the President's public schedule, nominations submitted to the Senate, and lists of other White House releases and documents published in the Federal Register.

Check it out. Remember, for access to more current presidential documents, check out the searchable Weekly Compilation of Presidential Documents.

Ron Jones, University of Cincinnati Law Library

Exhibits in the Moussaoui trial

The Smoking Gun has posted a few exhibits from the Moussaoui trial.

• Photo Gallery of the 9/11 Victims
• Flight 93 Cockpit Recorder Transcript

Ron Jones, University of Cincinnati Law Library

Fairman's Fuck Jurisprudence

First Frankfurt's philosophical exegesis of bullshit, now Fairman's jurisprudence of fuck. OSU law prof Christopher Fairman distributed Fuck on SSRN last month. The article, Texas law prof Brian Leiter notes, was rejected by Kansas Law Review only twenty minutes after it was submitted!

Abstract:   This Article is as simple and provocative as its title suggests: it explores the legal implications of the word fuck. The intersection of the word fuck and the law is examined in four major areas: First Amendment, broadcast regulation, sexual harassment, and education. The legal implications from the use of fuck vary greatly with the context. To fully understand the legal power of fuck, the nonlegal sources of its power are tapped. Drawing upon the research of etymologists, linguists, lexicographers, psychoanalysts, and other social scientists, the visceral reaction to fuck can be explained by cultural taboo. Fuck is a taboo word. The taboo is so strong that it compels many to engage in self-censorship. This process of silence then enables small segments of the population to manipulate our rights under the guise of reflecting a greater community. Taboo is then institutionalized through law, yet at the same time is in tension with other identifiable legal rights. Understanding this relationship between law and taboo ultimately yields fuck jurisprudence.

Hat tip to Paul Caron, TaxProf Blog.

Recent CRS Reports on Social Security

Recent CRS reports include the following:

• SOCIAL SECURITY REFORM
• SOCIAL SECURITY REFORM: PRESIDENT BUSH'S INDIVIDUAL ACCOUNT PROPOSAL
• SOCIAL SECURITY'S EFFECT ON CHILD POVERTY
• SOCIAL SERVICES BLOCK GRANT: (TITLE XX OF THE SOCIAL SECURITY ACT)
• SOCIAL SECURITY: CALCULATION AND HISTORY OF TAXING BENEFITS
• SOCIAL SECURITY: RAISING OR ELIMINATING THE TAXABLE EARNINGS BASE
• SOCIAL SECURITY AND MEDICARE: THE ECONOMIC IMPLICATIONS OF CURRENT POLICY

SOCIAL SECURITY REFORM   
CRS Publication Date:  03/21/2006
Document No.:  IB98048
Author(s):  Dawn Nuschler, Domestic Social Policy Division

Abstract:  In the 109th Congress, Representatives Kolbe, Johnson, Shaw, Ryan, Wexler, and McCrery and Senators Hagel, Sununu, DeMint, and Bennett have introduced reform bills (H.R. 440, H.R. 530, H.R. 750, H.R. 1776, H.R. 2472, H.R. 3304, S. 540, S. 857, S. 1302 and S. 2427, respectively). With the exception of H.R. 2472 and S. 2427, these measures would establish personal accounts within the Social Security system.

SOCIAL SECURITY REFORM: PRESIDENT BUSH'S INDIVIDUAL ACCOUNT PROPOSAL   
CRS Publication Date:  03/09/2006
Document No.:  RL32879
Author(s):  Laura Haltzel, Domestic Social Policy Division

Abstract:  This report is based on the President's 2005 IA proposal. The version portrayed in his FY2007 budget submission is not significantly different from his 2005 proposal. The main substantive difference is that the average interest that a worker would need to earn to break even would be reduced to 2.7% from 3%. Thus, if the account earned the 2.7% risk-adjusted annual rate of return, the worker would experience no reduction in overall Social Security income relative to current law.

SOCIAL SECURITY'S EFFECT ON CHILD POVERTY   
CRS Publication Date:  02/23/2006
Document No.:  RL33289
Author(s):  Thomas Gabe, Domestic Social Policy Division

Abstract:  This report examines the effects of Social Security on child poverty. The estimates presented in this report are based on a CRS analysis of U.S. Census Bureau Survey of Income and Program Participation (SIPP) data in September 2003.

SOCIAL SERVICES BLOCK GRANT: (TITLE XX OF THE SOCIAL SECURITY ACT)   
CRS Publication Date:  02/09/2006
Document No.:  94-953
Author(s):  Melinda Gish, Domestic Social Policy Division

Abstract:  The Social Services Block Grant (SSBG) is a flexible source of funds that states may use to support a wide variety of social services activities. States have broad discretion over the use of these funds. In 2003, the largest expenditures for services under the SSBG were for special services for the disabled and foster care services. Funding for the SSBG has been reduced considerably from its FY1995 peak of $2.8 billion. The FY2006 Labor, Health and Human Services (HHS), and Education Appropriations Act (P.L. 109-149) includes $1.7 billion for the SSBG and maintains states' authority to transfer up to 10% of their TANF block grants to the SSBG. In addition, the FY2006 Defense Appropriations Act (P.L. 109-148) includes $550 million in SSBG funding dedicated for necessary expenses related to the consequences of the hurricanes in the Gulf of Mexico in 2005. The $1.7 billion appropriation of regular SSBG funds mirrors the President's requests for FY2002-FY2006; however, the President's most recent budget (for FY2007) proposes to reduce regular SSBG funding by $500 million, to a level of $1.2 billion. This report provides SSBG background information and tracks relevant legislation and appropriations measures.

SOCIAL SECURITY: CALCULATION AND HISTORY OF TAXING BENEFITS   
CRS Publication Date:  01/19/2006
Document No.:  RL32552
Author(s):  Christine Scott, Domestic Social Policy Division

Abstract:  In the 108th Congress, 16 bills were introduced, but did not pass either chamber, that would have liberalized or repealed the taxation of Social Security benefits. In the 109th Congress, seven bills (H.R. 137, H.R. 179, H.R. 1014, H.R. 1517, H.R. 1809, H.R. 2202, and S. 774) have been introduced that would impact the taxation of Social Security benefits.

SOCIAL SECURITY: RAISING OR ELIMINATING THE TAXABLE EARNINGS BASE   
CRS Publication Date:  01/26/2006
Document No.:  RL32896
Author(s):  Debra Whitman, Domestic Social Policy Division

Abstract:  Social Security was enacted in 1935, and the Social Security tax was first levied in 1937. From 1937 through 1949 the tax rate was 1% (on employee and employer, each) on earnings up to $3,000 a year. Since that time the rate has risen to 6.2% and the taxable maximum has been increased to help meet the financing needs of the program, and to keep up to date with changing earnings levels. Since 1982, the Social Security earnings base has risen at the same rate as wages in the economy. By law the Commissioner of Social Security is required to raise the base whenever an automatic benefit increase - cost of living adjustment (COLA) - is granted to Social Security recipients, assuming wages have risen. The increase in the base from $90,000 in 2005 to $94,200 in 2006 is based on the increase in average wages from 2003 to 2004.

SOCIAL SECURITY AND MEDICARE: THE ECONOMIC IMPLICATIONS OF CURRENT POLICY   
CRS Publication Date:  01/24/2006
Document No.:  RL32747
Author(s):  Marc Labonte, Government and Finance Division

Abstract:  The United States is projected to undergo a demographic shift as the aging of the baby boomers causes an unprecedented increase in the fraction of the population that is retired. Coupled with rising life expectancy, this means, under current policy, a steady increase in the portion of the population that is not working and dependent on social insurance benefits from the government. This situation poses serious problems for the governments fiscal position and the economy as a whole if left unattended.

CRS Reports can be obtained from www.GalleryWatch.com. Individual reports are available from www.pennyhill.com.

Ron Jones, University of Cincinnati College of Law

Ebbinghouse on The People's Law

Carol Ebbinghouse's (Law Librarian, California Second District Court of Appeal, Los Angeles, CA) article, The People’s Law: Free Legal Help and Legal Research on the Web, was published in the April 2006 issue of Searcher: The Magazine for Database Professionals (available on Information Today).

Carol offers the following qualified advice on using Internet resources for legal research:

if I didn’t have a pre-paid legal plan through my work and couldn’t afford an attorney, the free sources on the Internet are a great place to start. Certainly a lot of background research — especially factual and regulatory — can be done to gather evidence, look into the types of remedies available, and work with law librarians (in person at court libraries or through Internet “ask a librarian” sites) for help in 1) identifying reliable and up-to-date sites, 2) navigating the search mechanisms of the various Internet sites for legal research, and 3) identifying legal assistance programs in your area providing free or sliding-fee scale attorney services.

...

Just remember that legal information on the Internet is usually second rate; the first rate services cost — a lot. The free sites may be clunky to use or nonintuitive, or may only have legal sources from the last 10 years — or less. They may not be current at all — even years out of date. Question everything and make sure you use an “official” version of legal information (cases, codes, regulations, etc.). Double check your information on more than one site to verify it.

Audits of Conventional Wisdom by MIT's Center for International Studies

In a ongoing series of “audits,” MIT’s Center for International Studies plans to "tour the horizon of conventional wisdoms that animate U.S. foreign policy, and then put them to the test of data and history." The Series producers promise to "provide the scrutiny that unchallenged ideas deserve—especially those inform policy choice without examination—and ... explore their manifold effects on American policy." The aim of the Audit of Conventional Wisdom series, according to the Series Introduction is straightforward:  "by subjecting particularly well-accepted ideas to close scrutiny, [the series producers] hope to start an argument, or to re-engage policy and opinion leaders, on topics that are too easily passing such scrutiny.

Hat tip to Ron Jones (Cincinnati) for calling this to my attention.

Started last year, here are links to all currently available audits:

• The War on Terror and the Cold War: They're Not the Same (pdf, 4p)
  John Tirman
  April 2006

• We Can Live With a Nuclear Iran (pdf, 4p)
  Barry R. Posen
  March 2006

• Remittances: Latin America's Faulty Lifeline (pdf, 4p)
  Catherine Elton
  March 2006

• Japan-China Relations: Four Fallacies Masquerading as Common Sense (pdf, 4p)
  Kazuo Ogoura
  March 2006

• A Better Strategy Against Narcoterrorism (pdf, 4p)
  Vanda Felbab-Brown
  January 2006

• Is Iran's Reform Movement Dead? (pdf, 4p)
  Fatemeh Haghighatjoo
  January 2006

• Why Intelligence Isn't to Blame for 9/11 (pdf, 4p)
  Joshua Rovner
  November 2005

• The Hidden Cost of Homeland Defense (pdf, 4p)
  Benjamin Friedman
  November 2005

• Iran: Rogue State? (pdf, 4p)
  Ali Mostashari
  September 2005

• Who Needs the U.N.? (pdf, 4p)
  Gary G. Troeller
  September 2005

• The Mirage of a United Europe (pdf, 222KB, 4p)
  Robert Vickers
  September 2005

• All Weapons of Mass Destruction Are Not Equal (pdf, 6p)
  Allison Macfarlane
  July 2005

• The Iraq War: Do Civilian Casualties Matter? (pdf, 4p)
  Les Roberts
  July 2005

• Filling the Army's Ranks for the Iraq War (pdf, 6p)
  Cindy Williams
  July 2005

• Why U.S. National Security Requires Mideast Peace (pdf, 8p)
  Stephen Van Evera
  April 2005

• Raising the Salience of Mexico and Canada (pdf, 4p)
  Chappell Lawson
  April 2005

• U.S. Military Power: Strong Enough to Deter all Challenges? (pdf, 6p)
  Barry R. Posen
  April 2005

• The United States as an Asian Power: Realism or Conceit? (pdf, 6p)
  M. Taylor Fravel and Richard J. Samuels
  April 2005

• Introducing a Series (pdf, 167KB, 4p)
  April 2005