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[RJ]

Law Firms Adopt Outsourcing Practices

From the N.Y. Times:

"For years, outsourcing has been a dirty word inside the world of white-shoe law firms.  While certain law firms hired companies to handle travel or records storage, most drew the line at sending client billing or confidential documents out of their offices, let alone out of the country. A number of large law firms, though, are starting to tiptoe onto far-flung shores."

Check out the rest of the story.  [RJ]

Washington & Lee Law Library Updates Its Law Journal Rankings

Texas Law Prof Brian Leiter has the details at his Law School Reports blog. [JH]

Top 10 Slacker Colleges

Collegehumor.com has released its first "College Power Rankings." The list identifies the top 50 colleges "for having the maximum amount of fun while putting forth the least amount of effort."

Top 10 Slacker Colleges

1. Michigan State University
2. Indiana University
3. University of Wisconsin-Madison
4. West Virginia University
5. Purdue University
6. University of Massachusetts
7. University of Florida
8. Oklahoma State University
9. University of Minnesota - Twin Cities
10. University of Michigan

How about Law Schools? [JH]

William & Mary School of Law Names New Law Library for Alumnus Henry C. Wolf

From the press release:

The library under construction at the William & Mary Law School has been named the Wolf Law Library to honor alumnus and Vice Rector of the College Henry C. Wolf.

...

The completed Wolf Law Library will open in spring 2007. Lead architects for the $16.8 million project are Hayes, Seay, Mattern & Mattern, with construction by the W.M. Jordan Company. In the first phase of the project, which was completed in June, a three-story, 28,000-square-foot addition was built onto the Law School’s south side. The addition, visible from South Henry Street, now serves as a temporary library while crews work on the complete renovation of the original library built in the late 1970s. In the final phase of the project, a new library will emerge when what is newly built and what is newly renovated are seamlessly joined to create a facility of 58,000 square feet. The new facility will accommodate anticipated growth in book and journal collections and will place the latest electronic research tools at the fingertips of its patrons. Features include two reading rooms and a large study area that afford views of the outdoors, abundant seating with Internet access, and a rare book room.

Legal Language and the Search for Clarity

Legal Language and the Search for Clarity
Practice and Tools
Anne Wagner & Sophie Cacciaguidi-Fahy (eds)

493 pp | Peter Lang Publishing Group, 2006
ISBN 3-03911-169-8 / US-ISBN 0-8204-8388-5  pb. | $79.95

Book Description: This interdisciplinary collection with contributions in English and French explores how the various disciplines of law and linguistics appreciate and work towards improving the nature of clarity and obscurity in legal language. For the first time, it brings together legal academics and practitioners, jurilinguists and linguists from the common law and civil law with the specific aim to understand the complex nature, practice and tools of clarity and obscurity in legal drafting. Topics addressed include how the Clarity framework has been put into practice through the use of plainer language, better comprehensibility, readability and access to legal or administrative texts. In an attempt to reflect the more recent development of the Clarity-Obscurity debate, the editors have also focused on the use of specific instruments to respond to the problems raised by obscurity to improve clarity.

Scholars Challenge the Infallibility of Fingerprints

Researchers are finding evidence that the practice of fingerprint analysis is unreliable, but they say law-enforcement officials are not listening. Critics of fingerprint identification point to the lack of scientific validation for the practice, and are challenging those who use the method to improve its accuracy. Read more about it in The Chronicle. [JH]

Recent CRS Reports of Employment Issues

QUARANTINE AND ISOLATION: SELECTED LEGAL ISSUES RELATING TO EMPLOYMENT    
Document No.:  RL33609
CRS Publication Date:  10/30/2006
Author(s):  Nancy Lee Jones and Jon O. Shimabukuro, American Law Division

Abstract:  This report examines the employment-at-will doctrine, possible application of the public policy exception in the case of a potential influenza pandemic, the Family and Medical Leave Act (FMLA), and possible application of the nondiscrimination mandates of the Americans with Disabilities Act (ADA).

ISSUES IN AGING: UNEMPLOYMENT AND OLDER WORKERS   
Document No.:  RL32757
CRS Publication Date:  10/26/2006
Author(s):  Julie M. Whittaker, Domestic Social Policy Division

Abstract:  This is one in a series of reports that explore issues of our aging society. This report examines how unemployment has a different impact on the older worker. As workers age, negative but previously temporary events such as unemployment may push otherwise firmly entrenched workers out of the labor force. While older workers are less likely than others to experience a spell of unemployment, those older workers who do experience unemployment have a higher incidence of withdrawing from the labor market. Some studies have found that unemployment in older workers contributes up to a one-third increase in the probability of retirement.

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

Openings: Reference/Electronic Resources Librarian & Reference/Foreign & International Law Librarian, UNC-Chapel Hill

Reference/Electronic Resources Librarian
Kathrine R. Everett Law Library at the University of North Carolina-Chapel Hill.

Responsibilities: Providing legal reference service, with evening and/or weekend desk rotations; participating in the law faculty and journal liaison programs; developing innovative services for patrons using electronic resources; classroom teaching; coordinating and contributing to content of Law Library webpages; and participation in collection development.

Required: ABA-accredited J.D. and ALA-accredited M.L.S; familiarity with print and electronic legal information resources; excellent legal research skills; teaching ability; and interest in and aptitude for using electronic sources of information; excellent written and oral communication skills; the ability to work effectively both independently and as part of a team; and a commitment to contributing to the profession of law librarianship.

Preferred: Knowledge of and demonstrated interest in graphic arts and webpage organization and development

Salary and Benefits: Competitive salary and benefits, commensurate with experience. The University of North Carolina is an Equal Opportunity Employer

Other: The Kathrine R. Everett Law Library has 12 librarians, 9 staff members and a collection of over 520,000 volumes.  The library serves 700 law students and a faculty of 50.  http://library.law.unc.edu/ .  The University of North Carolina is a major research University, enrolling over 27,000 students supported by 22 libraries. Chapel Hill, North Carolina is a small university town in close proximity to Durham and Raleigh, the state capital, with access to other major universities and a variety of social and cultural opportunities. http://64.245.255.159/PAStudents/PAStudentsPage.aspx?ID=90&Q=4

To Apply: Send letter of application, resume and three references to Scott Childs, Assistant Director for Public Services, Kathrine R. Everett Law Library, CB # 3385, University of North Carolina, Chapel Hill, NC, 27599. FAX: (919) 962-1193. E-mail: schilds@email.unc.edu.

Applications will be reviewed beginning December 15, 2006.  The position will be available January 2, 2007.

Reference/Foreign & International Law Librarian
Kathrine R. Everett Law Library at the University of North Carolina-Chapel Hill.

Responsibilities: Providing legal reference service with evening and/or weekend desk rotations including specialized foreign and international law reference; participating in the law faculty and journal liaison programs; classroom teaching; and responsibility for foreign and international law collection development and webpage development.

Required: ABA-accredited J.D. and ALA-accredited M.L.S; familiarity with print and electronic legal information resources; excellent legal research skills; teaching ability; and interest in and aptitude for foreign and international legal research; excellent written and oral communication skills; the ability to work effectively both independently and as part of a team; and a commitment to contributing to the profession of law librarianship.

Preferred: Applicant has knowledge of a foreign language; demonstrated interest in and experience with providing foreign and international legal reference service.

Salary and Benefits: Competitive salary and benefits, commensurate with experience. The University of North Carolina is an Equal Opportunity Employer

Other: The Kathrine R. Everett Law Library has 12 librarians, 9 staff members and a collection of over 520,000 volumes.  The library serves 700 law students and a faculty of 50.  http://library.law.unc.edu/ .  The University of North Carolina is a major research University, enrolling over 27,000 students supported by 22 libraries. Chapel Hill, North Carolina is a small university town in close proximity to Durham and Raleigh, the state capital, with access to other major universities and a variety of social and cultural opportunities. http://64.245.255.159/PAStudents/PAStudentsPage.aspx?ID=90&Q=4

To Apply: Send letter of application, resume and three references to Scott Childs, Assistant Director for Public Services, Kathrine R. Everett Law Library, CB # 3385, University of North Carolina, Chapel Hill, NC, 27599. FAX: (919) 962-1193. E-mail: schilds@email.unc.edu.

Applications will be reviewed beginning December 15, 2006.  The position will be available January 2, 2007.

Openings: Access Services Librarian & Government Documents/Microforms Librarian, Tulane

Access Services Librarian

Tulane Law Library is accepting applications for the position of Access Services Librarian.  The law library was very fortunate to sustain minimal collection damage in Hurricane Katrina and the subsequent flooding, but the city of New Orleans is still recovering and rebuilding.  This position provides a unique opportunity to a person motivated to be part of this historic effort.

Responsibilities: The Access Services Librarian will manage the Circulation Department, Course Reserves, and Stacks Maintenance.  This position supervises three full-time staff members and a number of part-time student assistants.  The successful candidate will also have an opportunity to participate in library committee work, web design, user instruction, and reference service. 

Required Qualifications: M.L.S. from an ALA-accredited school; excellent communication skills; strong service commitment; ability to supervise staff and work within a team environment; and at least two years of professional library experience.

Preferred Qualifications: J.D.; law library experience; circulation experience, including familiarity with automated library systems (especially Innovative); and knowledge of a variety of computer applications, including Microsoft Office, online research tools, and web applications. 

Salary and Benefits: The salary is commensurate with experience and qualifications.  Standard university benefits package includes 22 days of annual leave, 12 days of annual sick leave, and a choice of retirement and health care plans. The library pays dues for AALL and for the regional and local chapters.

To Apply: Please submit a cover letter explaining how your background and qualifications matches the responsibilities and requirements of this position, along with a résumé and the names and contact information for three references to:

Kimberly Glorioso
Assistant Director for Services
Tulane Law School Library
6329 Freret Street
New Orleans, LA 70118-6231
kglorioso@tulane.edu

Tulane Law Library is an equal opportunity employer.

Government Documents/Microforms Librarian

Tulane Law Library is accepting applications for the position of Government Documents/Microforms Librarian. The successful candidate should be an enthusiastic, knowledgeable, and technologically savvy librarian who can oversee the United States and Louisiana government resources, and also provide reference assistance and instruction to law school faculty, law students, and outside users.

Responsibilities: Managing and providing user services in three collections: Federal Depository of U.S. Documents; Louisiana Depository of State Documents; and Microforms. Training and supervising one full-time assistant and two student workers in those departments. Providing research support services to assigned law professors through the faculty liaison program, and current awareness service to all faculty, based on regularly updated profiles. Developing and supporting electronic access to federal and state government information, including coordinating and troubleshooting electronic products and creating content and updating library web pages. Participating in documents reference projects, such as retrospective cataloging of the U.S. and Louisiana collections, bibliographic instruction in such areas as legislative history and regulatory research, and the creation of relevant user educational materials. Serving as the law library’s liaison to the Government Printing Office (GPO) and the Louisiana State Recorder of Documents, including participating in professional meetings and programs. Contributing to library committee work and collection development.

Required Qualifications: MLS from an ALA-accredited library school; Professional experience working with a Federal Depository Library Programs collection, and with microforms; Strong written and oral communications skills, a commitment to providing a high level of user services, and the ability to work effectively within a team environment; Ability to train and supervise staff and student workers; Understanding web page applications and current computer technologies. 

Preferred Qualifications: J.D.; Previous academic legal reference experience; Cataloging experience.

Location: Tulane Law Library has been a Federal Depository for U.S. publications since 1976, and currently selects 26% of item numbers available through the Government Printing Office. The law library was very fortunate to sustain minimal collection damage in Hurricane Katrina and the subsequent flooding, but the city of New Orleans is still recovering and rebuilding. This position provides a unique opportunity to a person motivated to be part of this historic effort.

Salary and Benefits: The salary is commensurate with experience and qualifications. Standard university benefits package includes 22 days of annual leave, 12 days of sick leave, all university holidays, and a choice of health care and retirement plans. The library pays dues for AALL and for the regional and local chapters.

To Apply: Please submit a cover letter explaining how your background and qualifications matches the responsibilities and requirements of this position, along with a résumé and the names and contact information for three references to:

Kimberly Glorioso
Assistant Director for Services
Tulane Law School Library
6329 Freret Street
New Orleans, LA 70118-6231
kglorioso@tulane.edu

Tulane Law Library is an equal opportunity employer.

Who Compiled the "Black Experience" Book List for Taylor v. Perini?

U of Alabama Law Prof Alfred Brody, a contributing editor for PropertyProf Blog, has posted Prison Libraries and Black Identity on blackprof. The post talks about a list of about 120 books on the "black experience" that Judge Don Young ordered to be placed into the Marion, Ohio prison library back in 1972,  Taylor v. Perini, 413 F.Supp. 189, 215-19 (D.C. Ohio 1976) [Westlaw].  What interests Alfred Brody about the list is "its potential for mapping the sources of identity in the late 1960s and early 1970s."

Who Compiled the List? One comment observes that the list "represent[s] an early attempt to construct a modest African American Canon." But who compiled the list? According to Brody's post, a group of law librarians did.  If you can identify the law librarians involved, please email me. [JH]

Will the Lame-Duck Congress Pass Domestic Surveillance Legislation?

President Bush and outgoing chairman of the Senate Judiciary Committee, Sen Arlen Specter (R-PA), are trying to push domestic surveillance legislation through the lame-duck Congress. A number of bills are pending but the Electronic Surveillance Modernization Act, H.R. 5825, appears to have the best chance. The House passed H.R. 5825 by a vote of 232 to 191 on September 28, 2006. The Bill was read twice and referred to the Senate Judiciary Committee on Nov. 13, 2006.

Under H.R. 5825, warrantless surveillance would be justified following an "armed attack" or a "terrorist attack," or if the president perceives an "imminent threat of attack." The government could use the measures for up to 90 days after an armed attack and up to 90 days when the president declares an imminent threat. Warrantless surveillance could be extended indefinitely by 90-day periods with congressional and court oversight.

Text of H.R. 5825 
Thomas Legislative Resources (Library of Congress)

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

H.R. 5825 (109TH CONGRESS): "ELECTRONIC SURVEILLANCE MODERNIZATION ACT
CRS Publication Date:  09/08/2006
Document No.:  RL33637
Author(s):  Elizabeth B. Bazan, American Law Division

Abstract:  Several bills have been introduced in the House of Representatives and in the Senate to amend the Foreign Intelligence Surveillance Act and to address questions raised with respect to the "Terrorist Surveillance Program." H.R. 5825, the "Electronic Surveillance Modernization Act," was introduced on July 18, 2006. The bill was referred on that date to both the House Committee on the Judiciary and to the House Permanent Select Committee on Intelligence. On September 1, 2006, it was referred to the Subcommittee on Crime, Terrorism, and Homeland Security of the House Judiciary Committee. H.R. 5825 was one of several bills that were the focus of a hearing held before the House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security on Wednesday, September 6, 2006. This report summarizes the provisions of the bill and discusses the impact of its provisions, if passed, on current law.

See also:

TERRORIST SURVEILLANCE ACT OF 2006: S. 3931 AND TITLE II OF S. 3929, THE TERRORIST TRACKING, IDENTIFICATION, AND PROSECUTION ACT OF 2006
CRS Publication Date:  09/25/2006
Document No.:  RL33669
Author(s):  Elizabeth B. Bazan, American Law Division

Abstract:  The "Terrorist Surveillance Act of 2006" was introduced by Senator Mitch McConnell, for himself and Senator William H. Frist, on Friday, September 22, 2006, as a free-standing bill, S. 3931. On the same day, Senator McConnell, for himself and Senator Frist, introduced S. 3929, the "Terrorist Tracking, Identification and Prosecution Act of 2006," Title II of which is the "Terrorist Surveillance Act of 2006." These are the latest in a series of Senate bills addressing the authorization, review, and oversight of electronic surveillance programs designed to acquire foreign intelligence or to provide information to assist in detecting and preventing international terrorist threats to the United States.

[JH & RJ]

Professional Reading: The Pedagogy of Online Dialogues

The Pedagogy of Online Dialogues: an empirical study of asynchronous discussions at Harvard Law School (pdf) is Gene Koo's “3L paper” submitted in spring 2002 in completion of his J.D. studies at Harvard Law School. Drawing from surveys and textual analysis of discussions happening adjunct to classes at Harvard Law School, the author examines how computer-mediated intra-class communications fit within or challenge traditional legal pedagogy. Although the data set is small, Koo preliminarily conclude that online discussions can either defy or reify existing cultural dynamics within the law school classroom such as unequal gender participation. Koo provides practical guidelines for how professors can conduct online discussions to encourage better participation; suggest technological improvements to the medium itself; and identify areas for further research.

Gene Koo is a Fellow at the Berkman Center for Internet and Society as well as Director of Online Training at Legal Aid University. Gene maintains a personal blog, video vidi visum : virtual and contributes to the Law Professor Blogs Network's Law School Innovation blog. [JH]

Opening: Reference Librarian, IU-Indianapolis

RUTH LILLY LAW LIBRARY
INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS
REFERENCE LIBRARIAN

JOB DESCRIPTION The Reference Librarian is a member of the Information Services team and provides extensive reference and research service to all Law Library users; may participate in evening and weekend reference duty rotation; performs online searching; assists in providing outreach through publications and exhibits, creation of online and print research guides, bibliographies and other user aids, and collaboration in web activities; participates in the legal instruction programs including instructing students in computer-assisted legal research; participates in faculty/librarian liaison program and collection development.  The Reference Librarian reports to the Head of Information Services.

DUTIES AND RESPONSIBILITIES:
Duties and Responsibilities include:

1. Providing in-depth reference and research assistance to all Law Library users with an emphasis on service to the faculty and students of the Law School (i.e. answering reference questions, aiding patron research, conducting on-line searches.)

2. Providing instruction and guidance for Law School faculty and students and staff on the use of print and electronics resources, including LEXIS, WESTLAW, other databases, and the Internet.

3. Participating in faculty/library liaison program.

4. Assists in developing and coordinating library public relations, including publishing and distributing the Library=s newsletter, creating exhibits, developing tools for user education such as web based resources, research guides, and compiling legislative histories and bibliographies.

5. Participating in collection development by evaluating and selecting information resources in all formats (print, A-V, microform, electronic).

6. Providing evening and weekend reference assistance by participating in evening and weekend reference duty.  The anticipated schedule for this position is Sunday - Thursday.

7. Participating in the legal research instruction program including LARC and providing lectures on legal research and resources to various classes within the Law School.

8. Assisting in planning and reviewing goals, procedures, policies, and manuals of the Information Services Department.

9. Other duties as assigned by the Law Library Director, Associate Director, and Head of Information Services.

QUALIFICATIONS:

I. REQUIRED

1. J.D. from ABA approved law school; M.L.S. from ALA accredited library school.

2. Ability to meet University Tenure requirements

3. Significant reference skills utilizing print and electronic sources.

II. PREFERRED

1. Experience in an academic law library reference department and teaching experience strongly preferred.

2. Excellent interpersonal and oral/written communication skills.

3. Strong service orientation.

4. Ability to work independently and as a team member.

SALARY: Commensurate with qualifications and experience

TO APPLY: Send cover letter, resume and names of three references to:

Judith Anspach, Director
Ruth Lilly Law Library
Indiana University School of Law - Indianapolis
530 W. New York Street
Indianapolis, IN  46202-3225

Phone: (317) 274-3411
Fax:   (317) 274-8873
E-mail: juanspac@iupui.edu

E-mail applications accepted, further information on library available at: http://indylaw.indiana.edu/library/

IU/IUPUI is an Equal Opportunity/Affirmative Action Employer M/F/D

Today in Legal History: Articles of Confederation

The Continental Congress adopted the Articles of Confederation on November 15, 1777. However, ratification of the Articles of Confederation by all thirteen states did not occur until March 1, 1781. The Articles created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. The need for a stronger Federal government soon became apparent and eventually led to the Constitutional Convention in 1787. The present United States Constitution replaced the Articles of Confederation on March 4, 1789. Check out LC's Primary Documents in American History: Articles of Confederation web page for more. [JH]

Professional Reading: Has the Use of Online Legal Resources Affected Legal Analysis and Writing?

Elizabeth M. McKenzie, Director of Moakley Law Library and Professor of Law, Suffolk University Law School, finds that the use of full-text online legal resources has changed the way lawyers think and write. McKenzie observes in this very interesting empirical study that the impact of format for research has profound implications for legal education.

Computers in Law: Changing the Way Lawyers Think
Elizabeth M. McKenzie, Director of Moakley Law Library and Professor of Law, Suffolk University Law School

Abstract: Using textual analysis, the author empirically measured changes in legal practice brought about by the use of computers. The author compared briefs and decisions with an issue of first impression from a decade before computers entered the practice of law and again, a decade when computers have become ubiquitous. When a lawyer or judge must deal with a case of first impression, there is no precedent available. They either make policy arguments based on what would be the best policy or they use reasoning by analogy. The research found attorneys and judges in the pre-computer decade used reasoning by analogy much more frequently than they did in the recent decade. That change reflects the different way a researcher performs legal analysis when searching in books compared to creating a query for online research.

Hat tip to Lee F. Peoples, Associate Director, Oklahoma City University Law Library. [JH]

IT and the Law School Curriculum

John Palfrey, Clinical Professor of Law at Harvard Law School and Executive Director of the Berkman Center for Internet & Society calls attention to the need to adapt law school curriculum to reflect the impact information technology is having on the practice of law in his recent National Law Journal article:

"The first-year law school curriculum took shape more than 100 years ago. The basic curriculum hasn't changed much over the course of the last century. Meanwhile, the practice of law has changed dramatically. One of those changes is the importance of information technologies in what young lawyers do as they enter the profession." 

[RJ]

Editor's Note: See also Gene Koo's blog post, How can technology transform legal education? video vidi visum : virtual (Nov. 10, 2006) [JH]

Remember to Vote in AALL Elections!

AALL's online polls are open to vote for President-Elect, Treasurer, and Executive Board Members. The deadline to submit ballots is 11:59 p.m. Central Time, Friday, December 01, 2006. [JH]

Transparency International's 2006 Corruption Perceptions Index

Corruption watchdog Transparency International ranks 163 countries based on perceived levels of corruption among public officials and politicians in its 2006 Corruption Perceptions Index.

From the press release:

The 2006 Corruption Perceptions Index is a composite index that draws on multiple expert opinion surveys that poll perceptions of public sector corruption in 163 countries around the world, the greatest scope of any CPI to date. It scores countries on a scale from zero to ten, with zero indicating high levels of perceived corruption and ten indicating low levels of perceived corruption.

A strong correlation between corruption and poverty is evident in the results of the CPI 2006. Almost three-quarters of the countries in the CPI score below five (including all low-income countries and all but two African states) indicating that most countries in the world face serious perceived levels of domestic corruption. Seventy-one countries - nearly half - score below three, indicating that corruption is perceived as rampant. Haiti has the lowest score at 1.8; Guinea, Iraq and Myanmar share the penultimate slot, each with a score of 1.9. Finland, Iceland and New Zealand share the top score of 9.6.

[JH]

Quote It! On Amateur Indexing

"Incidentally, I have seen some of the indexing done by amateurs, and I can assure you they are more misleading than helpful. I am reminded in this context of a book whose index referred to the "great mind of Mr. Justice Jones." On turning to page 19, the text read "Mr. Justice Jones had a great mind to hold the defendant in contempt of court." -- Julius J. Marke, The Law Librarian and You - Are You Missing the Boat?, 40 N.Y.St.B.J. 347 (1968).