Law Librarian Blog

Paintball Terrorist Gets 15-years

Ali Asad Chandia, 29, a former third-grade Muslim school teacher, has been sentenced to 15 years in prison for providing material support to a US_designated terror group named Lashkar-e-Taiba. Why? Because Chandia served as a driver for the Lashkar officer, Mohammed Ajmal Khan, and helped Lashkar ship 50,000 paintball pellets from the U.S. to Pakistan. More at CNN.  [JH]

Welcome Statements for the Class of 2009

Each August, law school PR machines churn out their new student welcome announcements. Here's a sampling of this year's press releases:

• Capital: Law School Welcomes New Class 
• Catholic: A Warm Welcome for the Classes of 2009 and 2010 
• Duke: Meet the Class of 2009 
• Georgia: UGA School of Law enrolls talented and diverse first-year class 
• OSU: Academic Excellence Demonstrated in Incoming Class 
• Texas: UT Law School Welcomes the Class of 2009   
• Texas Wesleyan: Introducing the Class of 2009 
• USC: New students welcomed

Some of the more PR challenged law schools have been known to promote their latest catch of students as the "best ever." Then comes the backlash, angry 2L and 3L classes who were "the best ever" in prior announcements. [JH] 

Hizbollah's Outlook in the Current Conflict

Two part publication from the Carnegie Endowment for International Peace. [RJ]

Analysis of DMCA Exemption Proceedings

Bill D. Herman, and Oscar H. Gandy, Jr, Catch 1201: a legislative history and content analysis of the DMCA exemption proceedings, 24 Cardozo Arts & Ent. L.J. 121 (2006). [Westlaw]

Abstract
17 U.S.C. § 1201(a)(1) prohibits circumventing a technological protection measure (TPM) that effectively controls access to a copyrighted work. In the name of mitigating the innocent casualties of this new ban, Congress constructed a triennial rulemaking, administered by the Register of Copyrights, to determine temporary exemptions. This paper considers the legislative history of this rulemaking, and it reports the results of a systematic content analysis of its 2000 and 2003 proceedings.

Inspired by the literature on political agendas, policymaking institutions, venue shifting, and theories of delegation, we conclude that the legislative motivations for § 1201 were laundered through international treaties, obscuring the anticircumvention clause's domestic origins. Further, we conclude that the exemption proceeding is constructed not to protect noninfringing users, but to limit courts' ability to exonerate them via the traditional defenses to copyright infringement.

We then conduct a content analysis of the first two proceedings, conducted in 2000 and 2003. Exemption proponents generally interpret the law's intent in terms of policy goals such as fair use, whereas opponents see jurisdictional, procedural, and definitional obstacles to the granting of exemptions. The Register of Copyrights' interpretation of the law closely resembles that of opponents and, on more than one key point, she refers proponents back to Congress. We conclude that the Register has constructed a venue that is hostile to the interests of noninfringing users; in light of congressional rhetoric to the contrary, this constructs a Catch-22 for many who earnestly wish to engage in otherwise legal activities.

Governors Oppose Federalization of National Guard

From The National Governors Association:

"In an Aug. 6 letter to the House and Senate leadership, 51 governors have expressed their strong opposition to a provision in the House-passed version of the National Defense Authorization Act that would allow the President to federalize the National Guard of the states in certain circumstances without the consent of the Governors."

[RJ]

NBER Reports of Interest

Recent NBER reports include:

• The Growth in the Social Security Disability Rolls: A Fiscal Crisis Unfolding
• How Do Youth with Mental Disorders Fare in the Juvenile Justice System?
• Cohort Crowding: How Resources Affect Collegiate Attainment

The Growth in the Social Security Disability Rolls: A Fiscal Crisis Unfolding
by David Autor, Mark Duggan  -  #12436 (AG HE LS PE)

Abstract: More than 80 percent of nonelderly U.S. adults are insured against the risk of disabling physical or mental illness by Social Security Disability Insurance (SSDI).  This article evaluates the causes of the extraordinary growth in SSDI enrollment, considers its fiscal ramifications, and discusses potential policy responses.  While aggregate population health has improved by most measures in recent decades, the rate of SSDI receipt among nonelderly adults has nearly doubled since 1984.  We project that SSDI receipt will rise by an additional seventy percent before reaching a steady state rate of approximately 6.5 percent of adults between the ages of 25 and 64, with cash benefit payments exceeding $150 billion annually (excluding Medicare).

We trace the rapid expansion of SSDI to:  (1) congressional reforms to disability screening in 1984 that enabled workers with low mortality disorders such as back pain, arthritis and mental illness to more readily qualify for benefits; (2) a rise in the after-tax DI income replacement rate, which strengthened the incentives for workers to seek benefits; (3) and a rapid increase in female labor force participation that expanded the pool of insured workers.
Notably, the aging of the baby boom generation has contributed little
to the growth of SSDI to date.

Among several avenues for reducing SSDI growth, we suggest that the most promising are revamping the disability appeals process--in which the Social Security Administration currently loses nearly three-quarters of all appeals--and reducing the attractiveness of DI benefits for work-capable disabled individuals by providing additional access to public health insurance.  By contrast, previous efforts to reduce the SSDI rolls by discontinuing benefits or by providing stronger return-to-work incentives have proved remarkably unsuccessful.

How Do Youth with Mental Disorders Fare in the Juvenile Justice System?
by Pinka Chatterji, Alison Cuellar  -  #12437 (HE)

Abstract: The purpose of this paper is to examine the relationship between mental health problems and justice outcomes.  Several studies have documented that individuals with a variety of mental disorders are overrepresented in the justice system. This pattern could result if persons with mental disorders are more likely to commit crimes, or more likely to commit serious crimes, than persons without disorders.

In addition, individuals with mental disorders may be more likely than those without disorders to be sanctioned conditional on committing a particular crime. The major public policy concern is around the latter possibility, which has been interpreted as the justice system being biased against those with mental disorders.  In this paper we explore several channels through which mental health problems, measured as ADHD and depression, may lead to over-representation in the criminal justice system.  Using a large sample of adolescents, our findings show that youth with ADHD fare worse in the juvenile justice system in terms of the probability of being arrested and the probability of conviction once arrested.  We find that elevated ADHD symptoms during adolescence are associated with statistically significant and meaningful increases in the probability of arrest and conviction after controlling for preexisting factors and mechanisms that may arise from the disorder itself. 

Cohort Crowding: How Resources Affect Collegiate Attainment
by John Bound, Sarah Turner  -  #12424 (ED LS)

Abstract: Analyses of college attainment typically focus on factors affecting enrollment demand, including the financial attractiveness of a college education and the availability of financial aid, while implicitly assuming that resources available per student on the supply side of the market are elastically supplied.  The higher education market in the United States is dominated by public and non-profit production, and colleges and universities receive considerable subsidies from state, federal, and private sources. Because consumers pay only a fraction of the cost of production, changes in demand are unlikely to be accommodated fully by colleges and universities without commensurate increases in non-tuition revenue.  For this reason, public investment in higher education plays a crucial role in determining the degrees produced and the supply of college-educated workers to the labor market.  Using data covering the last half of the twentieth century, we find strong evidence that large cohorts within states have relatively low undergraduate degree attainment, reflecting less than perfect elasticity of supply in the higher education market.  That large cohorts receive lower public subsidies per student in higher education explains this result, indicating that resources have large effects on degree production.  Our results suggest that reduced resources per student following from rising cohort size and lower state expenditures are likely to have significant negative effects on the supply of college-educated workers entering the labor market.

Report Chronicles Downside of Term Limits

Interesting article from Stateline.org:

"Statehouses under term limits are growing less diverse, less powerful and less civil, according to a new study by three non-partisan organizations that support state lawmakers nationally."

Check out the rest of the story. [RJ]

Openings: Two Professional Positions at Tulane Law Library

Evening Reference Librarian / Instruction Coordinator

The Tulane Law Library invites nominations and applications for our Evening Reference Librarian / Instruction Coordinator. During the regular semester, the hours for this position are: Sunday – Thursday, 12:30 p.m. – 9:00 p.m.  The Evening Reference Librarian reports to the Assistant Director, Services.

Responsibilities: Provide high-level, in-depth reference and research assistance in an academic setting; work closely with the law faculty through a liaison program; prepare library guides, pathfinders, and other research tools; coordinate and participate in the teaching of legal research elective workshops and other librarian lectures; and participate in collection development.

Requirements: ABA accredited J.D. and an ALA accredited M.L.S.; self-motivation with ability to work independently or in a team environment; knowledge of current legal research sources in both print and electronic formats, including LEXIS and WESTLAW; demonstrated competence in delivering legal research services to a wide variety of users; excellent oral, written, and interpersonal skills; and one year of professional level law library experience.

Preferred: Experience in web design, and experience in teaching electronic and traditional legal research.

Salary: $44,000 minimum.  Tulane offers a wide range of benefits, including a choice of medical and retirement plans.

To apply:  Please send a resume and cover letter by mail or e-mail to:  Kimberly Glorioso, Assistant Director, Tulane Law Library, John Giffen Weinmann Hall, 6329 Freret Street, Suite 334, New Orleans, LA 70118-6231; kglorioso@law.tulane.edu.

Acquisitions Librarian

The Tulane Law Library invites nominations and applications for our Acquisitions Librarian position.  The Library uses the Innovative Interfaces library management system. The position reports to the Assistant Director for Collections.

Responsibilities:  Oversees all aspects of acquisitions, including ordering, receiving, serials control, claiming, and invoice processing;  supervises two staff members involved in these activities; serves as the primary contact with material vendors and is responsible for negotiating pricing and problem solving with orders and invoicing;  and participates in the collection development process.

Requirements:  MLS from an ALA-accredited library school; one year of experience in the acquisitions area; basic knowledge of the U.S. and international publishing industry; excellent organizational and interpersonal skills, along with demonstrated excellent oral and written communication skills;  ability to work within a team environment; and ability to supervise staff.

Preferred:  Experience in a library with a library management system.

Salary and Benefits: $40,000 minimum.  Tulane University offers a wide range of benefits, including a choice of medical and retirement plans.

To Apply:  Please send a resume and cover letter by mail or e-mail to:   Charlotte L. Bynum, Assistant Director; Tulane Law Library, John Giffen Weinmann Hall, 6329 Freret St., Suite 332, New Orleans, LA  70118-6231; cbynum@law.tulane.edu.

Editor's Note on Tulane Law Library Employment: In his Jan. 17, 2006 comment to On the Current (and Future) State of the Tulane Law Library, Dean Gary Roberts clarified the employment situation at the Tulane Law Library by explaining that "two [library positions] were fired for cause pre-Katrina (and these positions will be refilled) and three [library] positions that were not mission-critical were eliminated as a result of the storm." [Emphasis added].

I do not know where the current openings stand in this body count. If the new hires are filling the two positions vacated by for-cause terminations, the Law Library certainly has not moved very quickly to fill them. (Money saving tactic?)

If you are interested in one of these positions take note that the University Librarian has been running the law library since he declared the search for a new law library director a failure. That was back in 2004. Dean Roberts has stated that a new search for a law library director will begin in 2007. Things move mighty slow down south.

Tulane University and its Law School have been the topic of several post-Katrina Law Librarian Blog stories. You will find them all by typing "tulane" in the search engine box located in the right sidebar of this blog.[JH]

Teaching Law Students with ADD/ADHD

Robin A. Boyle, Law students with Attention Deficit Disorder: how to reach them, how to teach them, 39 J. Marshall L. Rev. 349-383 (2006). [Westlaw]

Excerpts from the Abstract:
Most law school classes are likely to include students with Attention Deficit Disorder ("ADD") or its related disorder - Attention Deficit Hyperactivity Disorder. ADD is a neurological disorder, and many people with it additionally have learning disabilities. Law students with ADD that manifests itself in learning disabilities are the focus of this Article. There has been a growth of services for those with ADD, such as counseling, but unfortunately, "less attention is paid to the thousands of teachers who have been charged with instructing" ADD students. It is imperative for teachers to be equipped for teaching ADD students. To be effective in reaching those students, law professors should understand the common learning-style traits of ADD students. In order to open the "cognitive pathways to learning," professors should help ADD students manipulate materials in ways that best help them learn. That effort will pay added dividends because these nontraditional teaching strategies also will help the non-ADD students with diverse learning styles.

...

[A] person with ADD carries traits that are positive. ADD students may exhibit high energy levels, creativity, and intense interest when learning particular subjects. These qualities can lead to success in law school when the ADD students receive appropriate ways to channel these positive traits.

In our classrooms, ADD students present a challenge. They may have trouble organizing and writing their assignments or course outlines, meeting course deadlines, or following school and course rules, to name a few identifiable difficulties. Yet professors have an ethical duty to teach the ADD students - to reach them - by unleashing their legal talents and keeping them on track. While engaging with ADD students, it is important to keep in mind that contrary to reputation, these students are neither lazy nor unintelligent. It is also true that ADD students are not the product of inadequate teaching.

Cornell Law Library's InSITE Website Reviews

From the August 14, 2006 issue of InSITE:

• Campaign Finance Institute
• International Justice Project
• Justice at Stake Campaign
• MOST Clearing House: Religious Rights
• National Association of Realtors: Law & Policy

Campaign Finance Institute
Affiliated with George Washington University, the Campaign Finance Institute (CFI) is a non-partisan, non-profit entity that "conducts objective research and education, empanels task forces and makes recommendations for policy change in the field of campaign finance."  The CFI website offers various materials to users.  Task force reports are published to the site, as well as streaming videos of past seminars and discussion forums.  Also available is CFI research on various topics.  This include reports and analyses on subjects such as the presidential matching fund system, presidential primary fundraising, and the use of media vouchers.  The Resources section provides additional material of use to researchers.  Here, users can access extensive e-guides on the Bipartisan Campaign Reform Act of 2002, the McConnell v. FEC decision, and Federal Election Commission regulations.  Also available is the Campaign Finance Clearinghouse.  This is a searchable database of compiled research on campaign finance.  The database may be searched by category, author, and/or abstract text. [MM]

International Justice Project 
The International Justice Project (IJP) works towards the increased application of international law and human rights standards to the capital punishment laws of the United States.  In addition to detailing the Project’s work and promoting the organization’s training and upcoming events, the IJP’s website provides visitors with resources such as an execution calendar to track past and future U.S. executions.  The areas of interest researched by the Project include Juveniles, Foreign Nationals, Mental Retardation, and Mental Illness.  These sections include a detailed introduction to the issues involved, a roster of the Project’s current and past cases in the specific area, and many other tools including statistical information and relevant international instruments, such as treaties, resolutions, and conventions.  Legal researchers will appreciate the Project’s Brief Bank, legal guides, and collection of statistical resources. [BWK]

Justice at Stake Campaign 
Founded in 2002, the Justice at Stake Campaign is a national, non-partisan association of thirty-plus judicial, legal, and citizen organizations.  Concerned by the pressures that money and politics have on fair and impartial courts, the Campaign was formed “to educate the public and work for reforms to keep politics and special interests out of the courtroom—so judges can do their job protecting the Constitution, individual rights and the rule of law.”  The website provides information about the group and offers explanation of the areas of concern to the Campaign.  The Learn About Your State section provides state-by-state news summaries and data on the state judiciary.  Included are instructive charts, judge surveys, and election data.  The Current Issues section pulls together news and information on timely topics such as the U.S. Supreme Court and diversity on the bench.  Check the Resources section for quick access to past newsletters, reports, issue briefs, and opinion surveys. [MM]

MOST Clearing House: Religious Rights
Launched in 1994, UNESCO’s MOST  Program is designed to produce reliable and relevant knowledge for policy makers.  “MOST Clearing House on Religious Rights” aims at stimulating international, interdisciplinary, and policy-relevant social science research on democratic governance in multi-religious societies.  This page is part of MOST’s “Phase I (1994-2003)” website, which, although now defunct, still provides researchers with quick links to fundamental and important information regarding religious liberties in multicultural societies.  This information is not yet easily available on MOST’s updated site.  “MOST Clearing House on Religious Rights” provides an alphabetical list of all countries with constitutional provisions relating to religious rights.  Each constitutional provision is excerpted in full on the site.  Visitors are also directed to core international legal instruments (declarations and conventions), such as those of the UN, Europe, Africa, and the Americas.  There is also a bibliography for further information. [BWK]

National Association of Realtors: Law & Policy
The National Association of Realtors (NAR) provides a vehicle for professional development, research, and exchange of information among its members and to the public.  NAR is America’s largest trade association, representing 1 million members involved in all aspects of residential and commercial real estate industries.  While heavily weighted towards NAR members, the NAR website offers the general public a nice collection of real property-related materials in the section “Law & Policy.”  Of special interest are the section’s “Field Guides,” which provide a short overview of select topics, such as “Fair Housing,” “Transfer Taxes,” and the “Office of the Comptroller of the Currency (OCC) Preemption Rule.”  Each guide contains links to articles, reports, news items, and other documents regarding the topic or related issue.  Some of the material is only available to members of the Association, but many links are to freely-available articles. [BWK]

InSITE contributors: Julie Jones, Research Attorney, Brandy Kreisler, J.D., M.L.S., Matt Morrison, Research Attorney, Jean Pajerek (editor), Head of Technical Services & Information Management, all current or former members of the professional staff at Cornell Law Library.

About InSITE: InSITE highlights selected law-related Web sites in two ways: as an annotated publication issued electronically and in print; and, as a keyword-searchable database. The law librarians at Cornell evaluate potentially useful Web sites, select the most valuable ones, and provide commentary and subject access to them.

Digital versions of this information can be accessed via:

1. Searchable database or by browsing current and archived issues on the web: Click InSITE at www.lawschool.cornell.edu/library

2. E-mail subscription. Send the following request: SUBSCRIBE InSITE-L <YourFirstName> <YourLastName> to: listproc@cornell.edu

3. Readers can subscribe to the new InSITE RSS feed at http://www.lawschool.cornell.edu/library/RESOURCES/insite.htm

The contents of InSITE and any recommendations therein are the opinions of the authors and do not reflect the views of Cornell University. InSITE is copyright protected by Cornell Law Library, © 2006 Cornell Law Library. Permission to republish InSITE issues on Law Librarian Blog has been granted. For permissions, contact Jean M. Pajerek [jmp8@cornell.edu].

Cornell Law Library URL: http://www.lawschool.cornell.edu/library

Special Edition of the Katrina Index: A One-Year Review of Key Indicators of Recovery in Post-Storm New Orleans

The Bookings Institution findings are that one year after Katrina, New Orleans is showing signs of early rebirth. The housing market is beginning to turn around and increased business and visitor travel have helped bolster the region's tax base and economy. But the majority of indicators are troubling, pointing to much-needed progress in basic city services, infrastructure, and affordable housing for workers in order to boost market confidence and move the region's economy affirmatively forward. Download the complete report (pdf). [JH]

Quote It! On Politics and the Judiciary

"Scarcely any question arises in the United States which does not become, sooner or later, a subject of judicial debate; ... " -- Alexis De Tocqueville, Democracy in America, vol. 1, ch. 16.

A Year of Transition: Iraq Reconstruction

New report from the Special Inspector General for Iraq Reconstruction:

"Midway through this year of transition in Iraq reconstruction, the scope of U.S.-funded projects is rapidly nearing completion. Significant goals have been met, but many challenges persist. Perhaps the most significant event year has been the establishment of the first democratically elected government of Iraq. This new unity government faces now faces many daunting tasks, including improving security, sustaining the nation?s infrastructure, and fighting corruption. With the July 2006 Quarterly Report to Congress, SIGIR identifies a number of critical issues that must be addressed to secure a successful reconstruction transition and advance Iraq toward economic prosperity. "

[RJ]

Opening: Reference Librarian, Chicago-Kent College of Law & Stuart Graduate School of Business

Chicago-Kent College of Law & Stuart Graduate School of Business
Illinois Institute of Technology
Reference Librarian (Job Posting 64-07)
Downtown Campus Library, Chicago

The IIT Downtown Campus Library is seeking an energetic, proactive, and creative individual to become the newest member of its reference team. 

To apply: Send a cover letter & resume to: jobs@iit.edu.

This position is available immediately and will remain open until filled.

Note: this position requires a background check before a job offer can be made.

Description of Duties: Under the general direction of the Director of Public Services, the Reference Librarian is responsible for providing reference, research, and instructional assistance to the IIT community in both formal and informal settings. Reference librarians, who work as a team to deliver services, are responsible for individually supervising Circulation Desk staff when they are staffing the Reference Desk. Each member of the reference team is expected to participate in the school’s liaison program that provides an exceptionally high level of service to faculty members. In addition, each member of the reference staff is actively involved with teaching activities for both the law and business school programs. All professional staff is encouraged to participate in professional activities and organizations.

Typical duties will include providing assistance at the Reference Desk (including some weekend and evening hours); assisting users to identify and locate Library materials (print and electronic); assessing the print and electronic collections and make recommendations for purchasing & deaccession; assisting in the development of Library policies; implementing new services to Library patrons; developing instructional materials, bibliographies, research guides, and other items to aid in the utilization of materials and facilities; responding to telephone, mail and e-mail inquiries from patrons seeking information; creating and delivering specialized topical research seminars; delivering individual and group training; maintaining the faculty course reserve collection; processing interlibrary loan materials; maintaining statistics; anticipating faculty research needs; and other duties to enhance the collection and services of the Library, as required.

There are presently 4 reference librarians and an Electronic Resources Librarian (who shares reference duties) in addition to the Director of Public Services.

Requirements: The position requires a M.L.S. from an A.L.A.-accredited graduate program in addition to a graduate-level degree in law (J.D.) or business (M.B.A.). The ability to work effectively with faculty and all levels of staff is essential. Excellent interpersonal, oral, and written communication skills are critical. The successful candidate will be one who is very customer service oriented, has a friendly and helpful manner, and can manage diverse assignments in a rapidly-changing and demanding environment.

Preferred: Previous Library experience using specialized business and/or legal materials; experience with Voyager, the Library’s integrated Library system. 

Reporting: Reference librarians report to the Director of Public Services, who is responsible for evaluating their performance with input from the Director of Bibliographic Services, the Library Director, faculty, and other clientele.

Schedule: Reference Librarians work a varied schedule that includes evening and weekend hours. A rotational schedule is used to provide for reference service from 8am until 9pm Mondays-Thursdays; 8am until 5pm Fridays; 9am until 5pm on Saturdays; and 10am until 6pm on Sundays when school is in session.

Environment: Located in a state-of-the-art building in the heart of downtown Chicago, the Downtown Campus Library primarily serves the Chicago-Kent College of Law and the Stuart Graduate School of Business. The Library’s primary patrons are the faculty of both the law and business schools and the 1,500 students who attend the downtown campus. Other users include subscribers who pay for specialized services and other members of the general public. Containing approximately 500,000 volumes, the Library has an outstanding collection of materials relating to law, business, international relations, and the social sciences. Additional information about the Library and IIT can be found at: http://library.kentlaw.edu and http://www.iit.edu. IIT offers a generous benefits package. More information can be found on the Human Resources website at:  http://www.iit.edu/hr/benefits1.html.      

Affirmative Action/Equal Opportunity in Employment Statement: It is and shall continue to be the policy of the Illinois Institute of Technology (IIT) to provide equal employment opportunities to all employees and job applicants. This policy insures that applicants are employed and that employees are treated during employment without regard to their race, color, religion, gender, age, marital status, national origin, veteran status, sexual orientation or physical or mental disability. Such action shall include, but not be limited to, the following employment practices: locating sources of qualified applicants; recruitment or recruitment advertising; hiring; upgrading, demotion or transfer; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, reasonable accommodations will be provided to qualified individuals with physical or mental disabilities. For more information, see: http://www.iit.edu/policies/personnel/a1.htm

The Law of the Land (Still) Includes the War Crimes Act

The Bush Administration's Attempt to Nullify the War Crimes Act

The paper trail of internal memos which led the Bush Administration to declare that the War Crimes Act had no binding effect on the president because it would interfere with his Commander in Chief powers to determine "how best to deploy troops in the field" and that U.S. soldiers could not be tried for violations of the laws of war in Afghanistan because such international laws have "no binding legal effect on either the President or the military" is well documented. See, e.g., Memos Reveal War Crimes Warnings (Newsweek) and The Roots of Torture (Newsweek)

Congress Helps (Despite Stubborn Opposition from the Bush Administration)

Section 1004 of The Detainee Treatment Act of 2005 provides a defense in any civil action or criminal prosecution for detainee treatment when the US "officer or employee did not know that the practices were unlawful and a person of ordinary sense and understanding would not know that the practices were unlawful." The Act passed the House by a vote of 308-106, 2 present and the Senate by a vote of 93-0. Note how the Act allows ignorance of the law to be a defense and that it covers US military officers who are expected to know and adhere to military and international codes of conduct.

When the Supreme Court of the United States decided in Hamdan v. Rumsfeld that the Bush administration's policy of not honoring the Geneva Conventions was illegal, and that prisoners in the "War on Terror" were entitled to such protections, the Court opened the door for the criminal prosecution of political appointees, CIA officers and military personnel under the War Crimes Act. At issue is government authorized interrogations using methods that U.S. military lawyers testified at a July 13 hearing of the Senate Armed Services Committee were in violation of Common Article 3 of the Geneva Conventions (Treatment of Prisoners of War).

Concern over the applicability of the Act made the front page of the Washington Post immediately after the Hamdan decision was announced. R. Jeffrey Smith, Detainee Abuse Charges Feared: Shield Sought From '96 War Crimes Act, Washington Post, July 28, 2006 at Page A01. Now, the Bush Administration is reportedly circulating draft amendments to the Act that would significantly narrow the scope of potential criminal prosecutions to 10 specific categories of illegal acts against detainees during a war, including torture, murder, rape and hostage-taking.

This chain of events calls for publication of a compilation of all relevant legal materials so an interested public can be a well-informed public.

U.S. War Crimes Act, 8 U.S.C. §  2441 : Congressional Hearings, Debates

War Crimes Act

18 U.S.C. § 2441. War crimes ...

(c)  Definition.— As used in this section the term “war crime” means any conduct—

(1)  defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party;

(2)  prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907;

(3)  which constitutes a violation of common Article 3 of the international conventions signed at Geneva, 12 August 1949, or any protocol to such convention to which the United States is a party and which deals with non-international armed conflict; ...

War Crimes Act of 1996, Pub. L. 104-192 {3 kb txt; 110 kb pdf} {SuDoc: AE 2.110:104/192}, 110 Stat. 2104 (August 21 1996), as amended, 18 U.S.C. § 2441.

Legislative History of the War Crimes Act of 1995, Publ L. 104-192:

House Hearing: War Crimes Act of 1995: Hearing ... on H.R. 2587 (U.S. Congress 104- 2, House Judiciary Committee, Subcommittee on Immigration and Claims, Hearing, June 12 1996, Serial No. 81, 4+88 pages) {SuDoc: Y 4.J 89/1:104/81, CIS: 96 H521-68, LCCN: 97110474, DL, LFDL, WorldCat}.

Written witness statements: Michael Matheson (Principal Deputy Legal Advisor, U.S. Department of State), Monroe Leigh (Legal Adviser, Department of State, 1975-1977), Robinson O. Everett (Professor, Duke University School of Law, formerly Senior Judge, U.S. Court of Appeals for the Armed Services, 1975-1977), John H. McNeill (Senior Deputy General Counsel, International Affairs & Intelligence, Office of General Counsel, Department of Defense), Mark S. Zaid (Law Office of Mark S. Zaid) {83 kb pdf}, Alfred P. Rubin (Fletcher School of Law and Diplomacy, Tufts University).

House report: War Crimes Act of 1996: Report (to accompany H.R. 3680) {51 kb txt; 194 kb pdf} (U.S. Congress 104-2, House Report No. 104-698, Judiciary Committee, July 24 1996, 16 pages) {SuDoc: Y 1.1/8:104-698, CIS: 96 H523-28, Serial Set: 14376, DL, LFDL, WorldCat}.

House adopted: “War Crimes Act of 1996” {11 kb txt}, 142 Congressional Record H8620-H8621 {29 kb pdf} (July 29 1996, daily edition 142:113, U.S. Congress 104 -2) {SuDoc: X/A.104/2:142/113}.

Senate adopted: “War Crimes Act of 1996” {11 kb txt}, 142 Congressional Record S9648-S9649 {125 kb pdf} (August 2 1996, daily edition 142:117, U.S. Congress 104-2) {SuDoc: X/A.104/2:142/117, ISSN: 0363-7239, LCCN: 80646573, OCLC: 02437919, GPOCat, LL: paper, microfiche, DL, WorldCat}.

President signed: William J. Clinton (U.S. President, Jan. 20 1993-2001 Jan. 20), “Statement on Signing the War Crimes Act of 1996” (White House, August 21 1996), 32:34 Weekly Compilation of Presidential Documents, page 1482 {4 kb txt, 11 kb pdf} {SuDoc: AE 2.109:32/34, ISSN: 0511-4187, LCCN: 65009929, DL, LFDL, WorldCat}; Public Papers of the Presidents of the United States: William J. Clinton, 1996, pages 1323-1324 (book 2) {4 kb txt, 89 kb pdf} {SuDoc: AE 2.114:996/BK.2, ISSN: 0079-7626, LCCN: 58061050, DL, LFDL, WorldCat}.

Legislative History of the Expanded War Crimes Act of 1997, Pub. L. 105-118:

Expanded War Crimes Act of 1997, § 583 of Pub. L. 105-118 {158 kb txt; 240 kb pdf} {SuDoc: AE 2.110:105/118}, 111 Stat. 2386 (Nov. 26 1997), 18 U.S.C. § 2441.

House report: Expanded War Crimes Act of 1997: Report ... (to accompany H.R. 1348) {37 kb txt, 148 kb pdf} (U.S. Congress 105-1, House Report No. 105-204, Judiciary Committee, July 25 1997, 12 pages) {SuDoc: Y 1.1/8:105-204, Serial Set: 14448, CIS: 97 H523-30, DL, LFDL, WorldCat} (“No hearings were held on H.R. 1348.”).

House adopted: “Expanded War Crimes Act of 1997,” 143 Congressional Record H5865-H5868 {29 kb pdf} (debate) {20 kb txt} (July 28 1997, daily edition 143:108) {SuDoc: X/A.105/1:143/108}, H5984-H5985 {27 kb pdf} (vote) {9 kb txt} (July 29 1997, daily edition 143:109, U.S. Congress 105-1) {SuDoc: X/A.105/1:143/109, ISSN: 0363-7239, LCCN: 80646573, OCLC: 02437919, GPOCat, LL: paper, microfiche, DL, WorldCat}.

House roll call vote 105-1:340 (391/32/11) (July 29 1997, 4:53 p.m.).

House Conference Report: Making Appropriations for Foreign Operations ... and for Other Purposes: Conference report (to accompany H.R. 2159) {140 kb txt, 361 kb pdf} (U.S. Congress 105-1, House Report No. 105-401, Conference Committee, Nov. 12 1997, 101 pages) {SuDoc: Y 1.1/8:105-401, Serial Set: 14455, CIS: 97 H183-28, DL, LFDL, WorldCat}.

President signed: William J. Clinton (U.S. President, Jan. 20 1993-2001 Jan. 20), “Statement on Signing the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998” (White House, Nov. 26 1997), 33:48 Weekly Compilation of Presidential Documents, page 1925 {4 kb txt, 11 kb pdf} {SuDoc: AE 2.109:33/48, ISSN: 0511-4187, LCCN: 65009929, DL, LFDL, WorldCat}; Public Papers of the Presidents of the United States: William J. Clinton, 1997, pages 1665-1666 (book 2) {5 kb txt, 28 kb pdf} {SuDoc: AE 2.114:997/BK.2, ISSN: 0079-7626, LCCN: 58061050, DL, LFDL, WorldCat}.

Ratification of the Hague Convention

Hague Conventions

{copy, copy, copy, Google}

• Hague-4 Land {copy, copy}: Convention respecting the Laws and Customs of War on Land (Annex: “Regulations concerning the Laws and Customs of War on Land”) (The Hague, Oct. 18 1907, Jan. 26 1910) {status}, U.S./U.K. ratified, Nov. 27 1909, 36 Stat. 2277.

Ratification of the Geneva Conventions

Geneva Conventions

{copy, copy} {status: 183 kb pdf}

• Geneva-1 Land {copy, copy}: Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Geneva, August 12 1949, October 21 1950), 75 U.N.T.S. 31 (31 pages), U.S. ratified August 2 1955, effective February 2 1956, 213 U.N.T.S. 378 {U.N. Doc.: ST/LEG(05)/U5, ISSN: 0379-8267, LCCN: 48022417, WorldCat}.

• Geneva-2 Sea {copy, copy}: Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Geneva, August 12 1949, October 21 1950), 75 U.N.T.S. 85 (29 pages), U.S. ratified August 2 1955, effective February 2 1956, 213 U.N.T.S. 382.

• Geneva-3 POWs {copy, copy}: Geneva Convention relative to the Treatment of Prisoners of War (Geneva, August 12 1949, October 21 1950), 75 U.N.T.S. 135 (80 pages), U.S. ratified August 2 1955, effective February 2 1956, 213 U.N.T.S. 383.

• Geneva-4 Civilians {copy, copy}: Geneva Convention relative to the Protection of Civilian Persons in Time of War (Geneva, August 12 1949, October 21 1950), 75 U.N.T.S. 287 (70 pages), U.S. ratified August 2 1955, effective February 2 1956, 213 U.N.T.S. 384.

President transmitted: Geneva Conventions for the Protection of War Victims: “Message from the President of the United States transmitting copies of the Geneva conventions for the protection of war victims” (U.S. Congress 82-1, Senate Executive Document No. 82/1-D-G (?), April 25 1951, Senate Foreign Relations Committee, 3+255 pages) {SuDoc: ???, Serial Set: omitted} {CIS microfiche: Senate Executive Documents and Reports: Covering Documents and Reports Not Printed in the U.S. Serial Set, 1817-1969, OCLC: 18187358, ditto, LCCN: 90956089, WorldCat}.

Senate hearing: Geneva Conventions for the Protection of War Victims: “Hearing ... on Executives D, E, F, and G, 82d Congress, 1st Session” (U.S. Congress 84-1, Senate Foreign Relations Committee, Hearing, June 3 1955, 3+68 pages) {SuDoc: Y 4.F 76/2:G 28/2, LCCN: 55061447} {CIS: (84) S1131-6 (Greenwood Press Group 3), source copy: Senate Library, Hearings, volume 1131 tab 6, 84th Congress, 1955-1956} {CIS U.S. Congressional Committee Hearings on Microfiche (1833-1969) (details), OCLC: 38608803, ditto, ditto, LCCN: 91955280, WorldCat (indexes)}.

Senate committee markup: Geneva Conventions for the Protection of War Victims (U.S. Congress 84-1, Senate Foreign Relations Committee, business meeting, executive session, June 9 1955, transcript) {CIS: (84) SFo-T.40} {CIS microfiche: Unpublished U.S. Senate Committee Hearings (1823-1976), OCLC: 34042124, ditto, LCCN: 88891043, WorldCat}:

“Thursday, June 9, 1955. ...

The Committee met, pursuant to notice, at 11:40 o'clock a.m. in the Foreign Relations Committee Room, U.S. Capitol Building, Senator Walter F. George (chairman) presiding.

Present: Senator George (chairman), Sparkman, Humphrey, Mansfield, Smith of New Jersey, and Aiken.

Also present: Dr. Wilcox, Mr. O'Day, Mr. Freeman, Mr. Marcy, and Mr. Holt, of the Committee Staff. ... {p.7}

Dr. Wilcox. Mr. Chairman, ... I should say that there were at the hearings several questions raised by Senator Hickenlooper and Senator Capehart or Mansfield particularly as to whether or not this convention would expand the penal authority of the Federal Government and whether the treaty power was expanded in any way to cover areas that perhaps could not be covered by the legislative power of the Federal Government alone, and the executive branch was asked to prepare a statement on that point, and we have here — it just came — a letter from Mr. Rankin, the Assistant Attorney General, which covers those questions.

I do not know whether the Committee would like to have that read into the record, but I think that this was intended to reply to the questions.

The Chairman. I think it should be put in the record.

Senator Sparkman. In the report.

Senator Humphrey. It ought to be in our testimony as if read.

Dr. Wilcox. One thing that is in the letter is a statement to the effect that a review of existing legislation reveals no need to enact further legislation to provide effective penal sanctions for those violations of the Geneva Conventions which are designated as grave breaches.

In other words, the department feels that existing legislation on the books will cover any case that might arise under the con- {p.8} vention.Office of Legal Counsel, U.S. Justice Department), letter dated June 7 1955 to Walter F. George (Chairman, Senate Foreign Relations Committee), printed in the Senate hearing (cited above) at pages 58-59.  –CJHjr

The Chairman. So far as we are concerned.

(The letter referred to is as follows:)

Committee insert”

J. Lee Rankin (Assistant Attorney General, Office of Legal Counsel, U.S. Justice Department), letter dated June 7 1955 to Walter F. George (Chairman, Senate Foreign Relations Committee), printed in the Senate hearing (cited above) at pages 58-59.  –CJHjr

Senate report: Geneva Conventions for the Protection of War Victims: “Report ... on Executives D, E, F, and G, 82d Congress, 1st Session” (U.S. Congress 84-1, Senate Executive Report No. 84-9, Foreign Relations Committee, 1955, 3+32 pages) {SuDoc: Y 1.84/1:RP.9, Serial Set: omitted, LCCN: 55061980} {CIS microfiche: Senate Executive Documents and Reports: Covering Documents and Reports Not Printed in the U.S. Serial Set, 1817-1969, OCLC: 18187358, ditto, LCCN: 90956089, WorldCat}, reprinted in 101 Congressional Record 9958-9973, at 9962 -9972 (cited next).

Senate debate: “Geneva Conventions for the Protection of War Victims,” 101 Congressional Record 9958-9973 (July 6 1955, permanent edition, U.S. Congress 84-1) {SuDoc: X.84/1:101/PT.8, ISSN: 0363-7239, LCCN: 80646573, DL, LFDL, WorldCat}.

Senate consent: Senate roll call vote: 77/0/19, the unanimous consent of all Senators present. 101 Congressional Record 9958-9973, at 9972-9973 (cited above).

Ratification:

“With the advice and consent of the United States Senate, on July 14, 1955 I ratified, on behalf of the Government of the United States, the Geneva Conventions of 1949 for the protection of war victims. Instruments of ratification have been transmitted to the American Embassy at Bern for deposit with the Swiss Federal Council.”

Dwight David Eisenhower (U.S. President, 20 Jan. 1953-1961 Jan. 20), letter dated August 1 1955 to E. Roland Harriman (Chairman, American National Red Cross), The Papers of Dwight David Eisenhower, volume 16, document 1536 (Johns Hopkins University Press, July 1996, editors: Louis Galambos, Daun Van Ee) {ISBN: 0801847524, LCCN: 65027672, WorldCat}.

The Swiss Federal Council (depositary of the Geneva Conventions) said, they received the U.S. instruments of ratification on August 2 1955, effective February 2 1956. 213 U.N.T.S. 378.

Protocols to the Geneva Conventions

{copy, copy} {status: 183 kb pdf}

• Geneva Protocol-1 Targeting+ {copy, copy}: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (Geneva, June 8 1977, December 7 1978), 1125 U.N.T.S. 31 (151 pages) {U.N. Doc.: ST/LEG(05)/U5, ISSN: 0379-8267, LCCN: 48022417, WorldCat}.

• Geneva Protocol-2 Civil War {copy, copy}: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (Geneva, June 8 1977, December 7 1978), 1125 U.N.T.S. 609 (42 pages).

President transmitted: Ronald Reagan (U.S. President, Jan. 20 1981-1989 Jan. 20), “Message to the Senate Transmitting a Protocol to the 1949 Geneva Conventions” {copy} (White House, January 29 1987). Public Papers of the Presidents of the United States: Ronald Reagan, 1987 (book 1) {SuDoc: AE 2.114:987/BK.1, ISSN: 0079-7626, LCCN: 58061050, DL, LFDL, WorldCat}.

Senate treaty document: Protocol II Additional to the 1949 Geneva Conventions, and Relating to the Protection of Victims of Noninternational Armed Conflicts: Message from the President ... (U.S. Congress 100-1, Senate Treaty Document No. 100-2, January 29 1987, Senate Foreign Relations Committee, 10+15 pages) {SuDoc: Y 1.1/4:100-2, Serial Set: 13729, DL} {CIS: 87 S385-2} {CIS Microfiche Library, OCLC: 11730653, ditto, ditto, LCCN: 90655075, WorldCat}, reprinted 26 I.L.M. 561 (March 1987) {ISSN: 0020-7829, LCCN: 67005225, WorldCat} {Lexis: 26 I.L.M. 561}. U.S. Senate Treaty No. 100-2.

Editor's Note: Charles Judson Harwood Jr. published the above unbelievably well hyper-linked compilation on January 30 2005 and has updated it as needed. He writes: "This document is not copyrighted and may be freely copied." For my part, I have modify the HTML code to make it TypePad friendly, redesigned certain features of the display and contributed the introductory paragraphs and sidebar.

Today's blog includes a post which identifies several recent and forthcoming works on war crimes. I also recommend The Crimes of War Project website. [JH]

Recent Works on War Crimes

• Derek Jinks, The Rules of War: The Geneva Conventions in the Age of Terror (OUP, Sept. 2006)
• War Crimes and Trials: A Historical Encyclopedia, from 1850 to the Present (ABC-CLIO, July 2006)
• Howard Ball, War Crimes and Justice: A Reference Handbook (ABC-CLIO, Nov. 2002)

The Rules of War
The Geneva Conventions in the Age of Terror
Author:  Derek Jinks
Publisher:  Oxford University Press Inc, USA

AVAILABILITY: Not yet published; expected in Sept. 2006 | PRICE: £12.99 | Hardback (224 pages) | ISBN: 0-19-518362-2

With the scandal over prison abuse at Abu Ghraib and the legal controversy over the enemy combatants at Guantanamo Bay, the proper treatment of prisoners of war has once again been thrust into the news. At the heart of this debate stands the Geneva Conventions, a famous set of rules about which most of us know nothing. In "The Rules of War", Derek Jinks - a leading authority on humanitarian law - provides an illuminating account of the Geneva Conventions, revealing when they apply, who they protect, what type of treatment they require, how they should be enforced, and much more. We learn that the Conventions - which were drafted in 1949 - apply to all armed conflict, from declared war, to civil war, to armed hostilities short of war. In fact, the Conventions are relevant to a remarkable range of issues, from the trial of Slobodan Milosevic to the ongoing criminal proceedings regarding Rwanda and Sierra Leone. We discover that the Conventions protect a wide range of combatants, from "special ops" forces, to private military contractors, and even to terrorists.

There are POW Conventions, but also Civilian Conventions that protects all nationals who have fallen into the hands of the enemy, including "unlawful combatants", such as the Guantanamo detainees. And, we see what the Conventions require, from humane treatment, to contact with agencies, such as the Red Cross, to release and repatriation at the end of the conflict. This is the only guide for general readers to the Geneva Conventions, rules which will play a key role in hot-button issues from the imminent trial of Saddam Hussein to the treatment of captured terrorists.

War Crimes and Trials
A Historical Encyclopedia, from 1850 to the Present
Editors:  Elizabeth M. Pugliese Larry G. Hufford
Publisher:  ABC-CLIO

PRICE: £65.95 | Hardback (444 pages) | ISBN: 1-57607-890-6 | July 2006

This comprehensive reference offers the first encyclopedic treatment of the history of war crimes, war crime trials, and war crime law from the mid-19th century to the present. Andersonville. Nuremberg. My Lai. Rwanda. The names haunt us as reminders of unspeakable evils committed under the banners of war. Sadly, throughout history, atrocities against civilians and prisoners have been an almost inevitable part of war, with the pursuit of those responsible providing a wrenching denouement to an era of conflict. "War Crimes and Trials" is the first comprehensive reference to focus exclusively on wartime atrocities and the attempts to bring those responsible to justice. Filled with hundreds of alphabetically organized entries, it encompasses the entire scope of this all-too-prevalent by-product of war, with expert analysis of events from all parts of the globe and all kinds of armed conflicts. "War Crimes and Trials" ranges from 1850 (when the need to confront war crimes was first acknowledged internationally) to the coming-of-age of war crime adjudication in World War II to the most recent trials and legal developments.

Entries examine the evolution of laws and treaties addressing war crimes; important war crimes trials; notorious war criminals and the people who confronted them; and the full spectrum of relevant legal and political issues, including the viability of the International Criminal Court and the problems of reconciling systems of national and international law.

War Crimes and Justice
A Reference Handbook
Author:  Howard Ball
Publisher:  ABC-CLIO

PRICE: £31.50 | Hardback (300 pages) | ISBN: 1-57607-899-X | Nov. 2002

A thorough introduction to the laws of war, the savagery of war crimes, and the International system that demands justice. Yugoslavia, Rwanda, and Kosovo. Sierra Leone, East Timor, and Cambodia. The atrocities that occurred in these war-ravaged nations are horrifying issues of global concern. How can there be peace in a nation emerging from war unless there's some kind of justice for the victims, the survivors, and the perpetrators? How do you speak of the unspeakable and defend the indefensible? War Crimes and Justice: A Reference Handbook throughly examines the laws of war and how the world community handles the monstrous brutalities of war through the international justice system. Highlighted are 20th century war crimes and trials including Yugoslavia, Kosovo, and the Kerry incident in Vietnam. Also covered are the four international tribunals established to punish violators in Nuremberg, Tokyo, Yugoslavia, and Rwanda. Pulitzer Prize-nominated author Howard Ball discusses  those who committed unspeakable acts during war, others who sought justice for victims, and case studies portraying both victims and perpetrators.

International Rule of Law Symposium, Sept. 16-17

The International Rule of Law Symposium will be convened by the American Bar Association in Chicago on September 16-17, 2006. Here's the agenda and registration form. [JH]

Immigration Tales Podcast Site Launched

Immigration Tales Podcast is hosted by Vitor Cajiao. He writes, "every immigrant has a story, and on this podcast we will tell your immigration story, through narratives and interviews." The first podcast is by the site host, Victor who is a Cuban who came to the US on December 24, 1968. The second is by Elsie, who came to the U.S. from El Salvador as a young child.

This is a wonderful way to communicate our immigrant heritage, to share stories that remind us (or should) of our national history and civic values, particularly in a time when immigration is being demonized. Hat tip to ImmigrationProf Blog editor Keven Johnson for the lead. [JH]

Surveys for State Regulations

The bane of every law librarian's existence, the dreaded 50 state survey, is getting a little easier. Joining Westlaw's 50 State Surveys (SURVEYS) database is the Company's new 50 State Regulatory Surveys (REG-SURVEYS) database. Like the statutory surveys, your topical search will retrieve a single document comparing the treatment of a particular legal topic by the regulations of each of the 50 states and the District of Columbia.

The Company is reporting that the REG-SURVEYS database contains treatments of only four topics: Blue Sky Laws, Employment, Health Care, and Insurance. Other topics will be added to the database throughout 2006. [JH]

University Press Blogs

University press blogs, a new trend? [JH]

• Harvard University Press
• MIT Press
• Oxford University Press
• University of Chicago Press
• University of Nebraska Press
• University of Pennsylvania Press
• Yale University Press