Law Librarian Blog

South Dakota Governor Expected to Sign HB 1215, The Women's Health and Human Life Protection Act

The South Dakota House of Representatives has given final approval to a bill that would ban nearly all abortions in the state. The state Senate approved the abortion ban earlier this week. Governor Mike Rounds, a longtime opponent of abortion, is expected to sign the bill. Under the bill, doctors who perform abortions in the State of South Dakota would face up to five years in prison, except when necessary to save a woman's life. Pregnant women who have or attempt to have an abortion are exempt from criminal conviction and penalty.

Text of HB 1215: The Women's Health and Human Life Protection Act

Excerpts:

Section  1.  The Legislature accepts and concurs with the conclusion of the South Dakota Task Force to Study Abortion, based upon written materials, scientific studies, and testimony of witnesses presented to the task force, that life begins at the time of conception, a conclusion confirmed by scientific advances since the 1973 decision of Roe v. Wade, including the fact that each human being is totally unique immediately at fertilization. Moreover, the Legislature finds, based upon the conclusions of the South Dakota Task Force to Study Abortion, and in recognition of the technological advances and medical experience and body of knowledge about abortions produced and made available since the 1973 decision of Roe v. Wade, that to fully protect the rights, interests, and health of the pregnant mother, the rights, interest, and life of her unborn child, and the mother's fundamental natural intrinsic right to a relationship with her child, abortions in South Dakota should be prohibited. Moreover, the Legislature finds that the guarantee of due process of law under the Constitution of South Dakota applies equally to born and unborn human beings, and that under the Constitution of South Dakota, a pregnant mother and her unborn child, each possess a natural and inalienable right to life.

Section  2.  That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.

     Any violation of this section is a Class 5 felony.
    
Section  3.  That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     Nothing in section 2 of this Act may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.
    
Section  4.  That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     No licensed physician who performs a medical procedure designed or intended to prevent the death of a pregnant mother is guilty of violating section 2 of this Act. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice.

     Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn child is not a violation of this statute.

     Nothing in this Act may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.

Text of US Supreme Court Opinion in Roe v. Wade

Become a Digital Auto Mechanic!

A $100 gadget could save you a trip to the mechanic. Find out what the engine's telling you by reading C|net's story. Don't forget to check out the OBD-II scanners too. If you know what OBD-II stands for you probably don't need to view this page.

Opening: Think Tank, Falls Church, VA

From the ad:

Join our non-profit organization dedicated to fostering informed debate on federal, state and international tax issues. As part of our mission we provide research tools to tax professionals. We are looking for an enthusiastic, outgoing, dedicated professional to join our team in researching a wide variety of legal and tax-related subjects to fulfill the needs of our internal and external customers.

Essential duties include:

• Assess and fulfill customers and staff members' research and reference inquiries.
• Perform research using a variety of resources.
• Instruct customers and employees in effective research methods and techniques and in the use of information resources and reference sources.
• Provide training for new and existing customers in person or via the Web.
• Prepare documents for training.
• Maintain up-to-date awareness of our products and industry trends.
• Conducts competitive intelligence for industry.
• Assists in Beta testing new products.
• Monitors company press coverage. Responds to press inquiries on tax laws and issues.
• Maintains collection of bound publications, master microfiche and arranges inter-library loans.

Qualifications/Requirements:

• Superior ability to research, analyze, interpret, summarize, and compile data from various resources.
• Demonstrated proficiency using electronic sources, Internet and research skills
• Excellent written and verbal communication skills
• Superior customer-focused attitude
• Master's degree in Library Science preferred, but not required
• Minimum two years; experience researching legal materials
• Experience in Lotus Notes a plus

Send your resume to judy_parvez@tax.org

Is Your Senator or Congressman Blogging?

C|net News has identified 11 Congressional bloggers. Three are Senators (all Democrats) and eight are Congressmen (5 Republicans).

Senators:

• Sen. John Kerry (D-Mass.)
• Sen. Barack Obama (D-Ill)
• Sen. Harry Reid (D-Nev.)

House Bloggers:

• Rep. Mike Conaway (R- Tex.)
• Rep. John Conyers (D-Mich)
• Rep. Dennis Hastert (R-Ill.)
• Rep. Mark Kirk, (R-Ill.)
• Rep. John Linder (R-Ga.)
• Rep. Frank Pallone (D-N.J.)
• Rep. Louise Slaughter (D-N.Y.)
• Rep. Tom Tancredo (R-Colo.)

Read the story for additional information.

Friday Fun: The Blogga Song

Brian Smith, the Laughing Librarian, has put together a musicial sketch about the library blogging community, the Blogga Song. It was inspired by the Llama Song and Monty Python. And if you want to kill more time today, much more time today, check out Just the Words: The Complete Unexpurgated Scripts of the Original TV Series.

Hat tip to Library Stuff.

Opening: Head Bibliographer/Research Librarian, Univ of Virginia

The University of Virginia School of Law is seeking a librarian to carry primary responsibility for all aspects of collection development and to participate in research and educational services.

Responsibilities include: evaluate collection strengths and weaknesses and identify priorities; coordinate collection development; consult with faculty on research and teaching needs and provide in-depth assistance on research projects; assist faculty and students with reference needs. 

Qualifications include: MLS from an ALA accredited library school, with a JD preferred; three years academic library experience; demonstrated ability to work effectively as part of a team; strong interpersonal and communication skills. 

Competitive salary with excellent benefits.  Open until filled.  Submit letter of interest, resume, and references to: Librarian Search Committee; University of Virginia School of Law; 580 Massie Road; Charlottesville, VA 22903-1789.  The University of Virginia is an Equal Opportunity/Affirmative Action Employer.

Declassified information on the Gulf of Tonkin incident

From the NSA:

"On 30 November 2005, the National Security Agency (NSA) released the first installment of previously classified information regarding the Vietnam era, specifically the Gulf of Tonkin incident. This release includes a variety of articles, chronologies of events, oral history interviews, signals intelligence (SIGINT) reports and translations, and other related memoranda.

The Gulf of Tonkin incident, like others in our nation's history, has become the center of considerable controversy and debate. It is not NSA's intention to prove or disprove any one set of conclusions, many of which can be drawn from a thorough review of this material. Instead, through this and subsequent public releases, we intend to make as much information as possible available for the many scholars, historians, academia, and members of the general public who find interest in analyzing the information and forming their own conclusions."

Check it out.

Ron Jones, University of Cincinnati Law Library

Federal judge rules against Google in image copyright suit

JURIST has the story with links to the 47-page preliminary injunction and related materials. Much to the dismay of teenage boys, the source of the images is an adult publication.

CRS Backgrounder on Google Copyright Infringement Litigation

LawLibTech is making available a six page CRS background of pending Google Book Search copyright infringement litigation titled The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law (pdf). The post  also includes a copy the complaint in The Authors Guild v. Google, U.S. District Court, New York Southern District, and links to a number of recent articles about this controversy.

AALL Teach-In and Resource Kit

The American Association of Law Libraries is holding its Teach-In 2006 during National Library Week, April 2nd to 8th.  To receive a copy of the Teach-In Committee's Resource Kit, contact Anita Carr before April 2nd.  One kit per institution is available free of charge.  Previous years' Teach-In kits are available for $10/copy. Mail your requests to AALL, 53 West Jackson Blvd., Suite 940, Chicago, IL 60604.

Peace-Enabling Force Could Enhance Security of a Palestinian State

From the RAND Corporation:

"If a Palestinian state is created, an international peace-enabling force led by the United States and ideally organized through NATO could play an important role in enhancing the security of both Israel and Palestine."

Read more about it.

Ron Jones, University of Cincinnati Law Library

Opening: Reference/Intellectual Property Librarian, DC

The George Washington University Law School Library seeks a reference librarian to specialize in intellectual property law. Review of applications will begin March 20, 2006, and continue until the position is filled. To apply for this position, please submit a cover letter, resume, and the names of three professional references to: Ms. Leslie Lee, The George Washington University Law School, Jacob Burns Law Library, 716 20th Street NW, Washington, DC 20052; llee@law.gwu.edu; or 202-994-1430 (fax).

For more detailed information, please visit the Law Library web site at http://www.law.gwu.edu/Burns/About/jobs.htm.

The George Washington University is an equal opportunity/affirmative action employer.

White House Had Prior Knowledge Of Cheney Threat

NEWS FLASH!

WASHINGTON, DC—Government documents declassified today reveal that President Bush was briefed last summer of "a substantial risk" that Vice President Dick Cheney would shoot an elderly male in the face sometime in the next several months.

In a Presidential Daily Briefing given to Bush in August 2005, the CIA warned that the vice president was a potent threat to the senior population at large, and in particular "possessed the capabilities and intentions to spray a senior citizen with projectiles fired from a shotgun or other weapon." A second brief identified the population at risk as those "between 70 and 80 years of age," and warned that the vice president posed the greatest threat to "seniors in close proximity to the vice president when he is armed."

Read more about it.

Ron Jones, University of Cincinnati Law Library

Summers Resigns Presidency of Harvard After Turbulent 5 Years

Derek C. Bok, 75, who was Harvard's president from 1971 to 1991, will serve as interim president until a permanent successor is found. Read the New York Times story.

Recent CRS Reports on IT and Web Communications

OPEN ACCESS PUBLISHING AND CITATION ARCHIVES: BACKGROUND AND CONTROVERSY   
CRS Publication Date:  12/26/2005
Document No.:  RL33023
Author(s):  Genevieve J. Knezo, Resources, Science, and Industry Division

Abstract:  This report begins with an inventory of basic information: definitions and guides to histories of the growth of open access publishing and citation archives and descriptions of selected major open access activities. It moves on to summarize major points of difference between proponents and opponents of nongovernmental open access publishing and databases, and then highlights federal, including National Institutes of Health (NIH), open access activities and contentious issues surrounding these developments. The report also briefly describes open access developments in the United Kingdom (where a number of governmental and nongovernmental initiatives have occurred) and in the international arena. Finally, controversial issues which could receive attention in the 109th Congress are summarized.

INTERNET: AN OVERVIEW OF KEY TECHNOLOGY POLICY ISSUES AFFECTING ITS USE AND GROWTH   
CRS Publication Date:  12/20/2005
Document No.:  98-67
Author(s):  Marcia S. Smith, John D. Moteff, Lennard G. Kruger, Angele A. Gilroy, Jeffrey W. Seifert, and Patricia Moloney Figliola, Resources, Science, and Industry Division; and Rita Tehan, Knowledge Services Group

Abstract:  The continued growth of the Internet for personal, government, and business purposes may be affected by a number of technology policy issues being debated by Congress. Among them are access to broadband (high-speed) Internet services, computer and Internet security, Internet privacy, the impact of "spam," concerns about what children may encounter (such as pornography) when using the Internet, management of the Internet Domain Name System, and government information technology management. This report provides overviews of those issues, plus appendices providing a list of pending legislation, a list of acronyms, a discussion of legislation passed in earlier Congresses, and a list of other CRS reports that provide more detail on these and related topics.

HIGH PERFORMANCE COMPUTERS AND EXPORT CONTROL POLICY: ISSUES FOR CONGRESS   
CRS Publication Date:  01/25/2006
Document No.:  RL31175
Author(s):  Glenn J. McLoughlin, Resources, Science, and Industry Division; and Ian F. Fergusson, Foreign Affairs, Defense, and Trade Division

Abstract:  Congress, through its constitutionally delegated authority to regulate foreign commerce, has the authority to control exports for national security or foreign policy purposes. The 109th Congress may examine issues of national export control policy, including reauthorization of the Export Administration Act (EAA), and control policies concerning several key technologies. Among these technologies are High Performance Computers - HPCs. HPCs are either single computing machines (usually called supercomputers) or a cluster of widely available, high-end workstations or personal computers. Congressional interest in HPCs has primarily, but not exclusively, been focused on the dual-use applications of HPCs. That is, HPCs may be commercially obtained in the open global market, but they also may have military applications, such as simulating nuclear weapon tests, producing chemical and biological weapons production, and for enhancing military command, control, and communications.

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

Live Webcast Today: Public Symposium on the Proposed WIPO “Webcasting Treaty”

Public Symposium on the Proposed WIPO “Webcasting Treaty”
February 22, 2006, 1:15 to 5:00 p.m.

From the announcement: The National Academies will hold a public symposium on the Webcasting portion of the World Intellectual Property Organization’s (WIPO) proposed Treaty on the Protection of Broadcasting Organizations. The National Academies have a significant stake in the debate concerning this proposed treaty, both as frequent producers and users of webcasts and as an institution representative of the broader scientific, technical, and medical research community that produces and uses webcasts. The purpose of this symposium, therefore, is to convene a public forum for both the proponents and opponents of the proposed treaty to present their arguments and to provide an opportunity for public discussion of these issues. The results of the discussions also will help inform the National Academies about the merits of this proposed treaty and to develop any public position with respect to it.

The symposium will include presentations by a representative of the U.S. Patent and Trademark Office and of several organizations that favor and oppose the treaty. Senate staff members also have been invited to express their views. A general discussion is scheduled among all the speakers, as well as with the audience following the presentations. The symposium will be chaired by Wm. A. Wulf, president, National Academy of Engineering.

Attendance by the public is free and open and no advance registration is necessary. However, a valid photo ID is required for entry into the building.

The symposium will also be webcast. If you cannot attend, you may participate in the symposium by listening to a live audio webcast and submitting questions using an e-mail form at http://national-academies.org. The webcast requires RealPlayer software, available free at http://www.real.com/player. For more information on setup and hardware requirements, see the Real.com Web site.

Commercial Law Bibliography

Check out Michael Hillinger's Commercial Law Bibliography, 4 DePaul Bus. & Com. L.J. 143-153 (2005)

Opening: Reference Librarian - Ross-Blakley Law Library, Arizona State University

The Ross-Blakley Law Library at Arizona State University is inviting applications for a reference librarian position. We encourage May and August 2006 graduates to apply! Appointment for this position can start between April-September 2006, but must be before the end of September 2006.

The reference librarians participate in faculty services, which includes serving as faculty liaison to assigned faculty members. They provide reference services to other library user groups: students, University community, legal community, and the general public; contribute to formal and informal instruction in legal bibliography and research; and prepare bibliographies, research guides, brochures and other publications.

An M.L.S. from an A.L.A.-accredited institution is required. We will accept applications from candidates being granted M.L.S. by time of appointment.

Desired qualifications are: experience as a reference librarian in a law library or other special library; public services experience in an academic law library; demonstrated legal research experience; J.D. from an A.B.A.-accredited law school; demonstrated effective communication skills; and demonstrated customer service experience.

The application deadline is February 23, 2006; if not filled, the 23rd of every month thereafter until the search is closed. To apply, send a letter of application, resume and the names, addresses and phone numbers of three professional references to: Beth DiFelice, Assistant Director and Head of Public Services, Ross-Blakley Law Library, Arizona State University, P.O. Box 877806, Tempe, AZ 85287-7806. The letter of application and resume must address the required and desired qualifications.

The reference librarians report directly to the Head of Reference Services. This is a full-time, continuation track position at the rank of Assistant Librarian. The reference librarians work 40 hours a week, which includes some evening and weekend hours. Arizona State University is an Equal Opportunity/Affirmative Action Employer. Background check is required for employment.

Searchable Version of 2007 Federal Budget Now Available

GPO Access is providing a searchable version of the Analytical Perspectives, Historical Tables, & Appendix of the 2007 Federal Budget.

For information on obtaining print and digital versions of the 2007 Federal Budget, see Not Your Ordinary Best Seller (Feb. 8, 2006). See also Recent CRS Reports on Budgetary Issues (Feb. 8, 2006) and Law Professor Blogs Network coverage of the 2007 Federal Budget (Google search link).

Ron Jones, University of Cincinnati Law Library

Happy 10th Anniversary, InSITE!

The first issue of InSITE was published on February 19, 1996. In celebration of InSITE’s 10th anniversary, Cornell Law Library is pleased to announce the availability of an RSS feed <http://www.lawschool.cornell.edu/lawlibrary/insiteasp/public/rss.asp> for InSITE content.

RSS (Really Simple Syndication) is an XML-based format designed for the distribution of Web content. Using RSS feeds, content is delivered automatically to your desktop ­ there’s no need to visit and re-visit your favorite Web sites on a regular basis to browse updated content.

To start using RSS, you need a special “news reader” (also called an “aggregator”) that downloads and displays RSS content feeds from Web sites you select. Many different readers are available and many are free of charge. Some readers are stand-alone programs intended to be installed on the user’s workstation while others (such as Bloglines at (http://www.bloglines.com/) are Web-based. Once you’ve set up your news reader, follow its instructions to subscribe to RSS feeds.

Here is the February 20, 2006 issue of InSITE (ISSN 1521-9046):

Centre for Constitutional Studies
The Centre for Constitutional Studies is a project of the law school of the University of Alberta along with the departments of History and Political Science. Founded in 1987, the Centre is dedicated to encouraging and facilitating the interdisciplinary study of constitutional matters both nationally and internationally. Legal researchers will be interested in the “Publications” section, which contains abstracts dating back to Volume 1, No. 1 (1993) from the Review of Constitutional Studies, the Centre’s formal academic and peer-reviewed journal. The Constitutional Forum, published three times a year, is also abstracted back to Volume 1, No. 1. The Centre’s occasional paper series, "Points of View," is available full-text in PDF. Site visitors will appreciate the “Constitutional Keywords” web page, which is intended to assist members of the public in understanding several key words and concepts that recur in Canadian constitutional debates. [BWK]

Criminal Justice / Mental Health Consensus Project
Coordinated by the Council of State Governments (CSG), the Criminal Justice / Mental Health Consensus Project (the Project) is a national effort to help policymakers at all levels, as well as those in the criminal justice and mental health professions “improve the response to people with mental illness who become involved in, or are at risk of involvement in, the criminal justice system.” The CSG developed the Project as a response to state officials who were seeking advice on dealing with mental health issues; meetings were held and a Project Report was issued. In addition to providing the text of the Project Report, the website provides other resources including information on programs, significant national projects, and technical assistance. Profiles of programs are organized into a database that can be searched or browsed, and users may limit their searches by jurisdiction, issue, and other parameters. The Project has been involved in several national projects, detailed on the site. These cover many topics, including violence against women and mental health courts. Other information on the site is tailored to specific occupations within the larger criminal justice system. [MM]

Feminist Sexual Ethics Project
The Feminist Sexual Ethics Project is supported by a grant from the Ford Foundation and Brandeis University, and is a project of the University’s Department of Near Eastern and Judaic Studies. The Project is dedicated to exploring sexual ethics with the major world religions, Judaism, Christianity, and Islam. Each religion has its own sub-page, which provides links to essays, articles, bibliographies, literature reviews, and links to related websites. The Project also focuses on the legacy of slavery in the United States and the Western world as a component of sexual ethics. Visitors may also browse links to news items about the Feminist Sexual Ethics Project, including video and audio files, dating back to 2003. Researchers will be interested in the site’s “Academic Programs” page, which provides more information about Brandeis University and related research. [BWK]

Human Trafficking Search
Human Trafficking Search is a web portal provided by the National MultiCultural Institute “as a service to those individuals and organizations working to eliminate human trafficking.” The site provides access to thousands of documents on the web produced by various entities and categorizes them into four topics: Human Trafficking, Child Labor, Bonded Labor, and Sex Slavery. Within each category, users have basic and advanced search options. The search features support Boolean searching, as well as phrase searches, truncation and wildcards. Users may also limit by date, author, and document field. Synonyms may also be added, although many of these are automatically searched. Significant guidance is provided on the site as to how to use the search function. For human rights researchers, the portal provides convenient access to a vast array of web-published material. [MM]

ICONS Project
According to its website, the International Communication and Negotiation Simulations (ICONS) Project at the University of Maryland is an “experiential learning program that uses customized Web-based tools to support educational simulations and simulation-based training.” Designed for use in the classroom by high school teachers and college professors, the simulations support training programs related to conflict resolution, decision making, negotiations, cross-cultural communication, and crisis management. The Project provides a laboratory where students can test theories about how decision-makers resolve conflicts through an interactive negotiation module that instructors can integrate into their courses. There are fees associated with running simulations through the Project, but visitors can engage with a sample scenario to learn how the simulations are run. Researchers may be interested in the site’s Research Library, which is provided to help participants prepare for the simulations by familiarizing them with their assigned countries or roles, as well as the issues over which they will be negotiating. [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 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].