Law Librarian Blog

Impersonating a Lawyer

Many law librarians have to dance the "I'm not your lawyer but I might use this resource" dance when doing reference. And as a licensed attorney I feel the need to specifically include that statement all to often with some of our pro se patrons. However, the ABA Journal provides this story of Howard Kieffer who has allegedly represented clients in federal cases in 10 states while not being licensed to practice in any of these jurisdictions or any jurisdiction for that matter according to the Denver Post. I know that we as librarians see people who are practicing law that might not should be but impersonating a lawyer just seems wild to me. It makes one wonder what type (if any) research Kieffer did and if he was successful in any of his representations. {bb}

Legislative Histories of Selected U.S. Laws on the Internet

New From LLSDC:

"The Law Librarians' Society of Washington, D.C. (http://www.llsdc.org) is pleased to announce a considerable expansion of a publication on its Legislative Source Book entitled "Legislative Histories of Selected U.S. Laws on the Internet" (http://www.llsdc.org/Leg-Hist). The expanded site now encompasses almost all commercial as well non-commercial (free) Federal legislative histories available on the Internet. These commercial histories (Lexis, Westlaw, and HeinOnline)  are listed alphabetically by the short title of the public law and then in public law number order whether or not that arrangement is on the vendor site. The layout is similar (but with less detail) to the two listings of non-commercial legislative histories presented just before the commercial listings. Each entry also has a direct link to the history's URL site or to its general vendor site. In addition, following the public law number list for commercial histories, are entries and links to large or special collected histories (such as the new GAO histories on Westlaw or collected tax related histories). Finally, at the bottom of the site are many explanatory notes about legislative histories, source sites, and citations to public law numbers as well as related statute, U.S. Code and C.F.R. cites.

Great work!   [RJ]

Want to Return to Law Librarianship?

Perhaps AALL chapters could model a professional re-entry program after one launched by American University Washington College of Law for lawyers. While this is a six-day program with individual coaching sessions, one for law librarians need not be as long or as detailed. Perhaps AALL could host a session on what should be covered in re-entry programs during next year's annual meeting.

Hat tip to Ellen Callinan (Axelroth & Associates). Check out Ellen's Callinan the Librarian blog post for related information. [JH]

Is Net Neutrality Essential to Protect Consumers and Promote Innovation?

No, according to Christopher S. Yoo (Pennsylvania). In Network Neutrality, Consumers, and Innovation [NELLCO] Professor Yoo critiques claims that mandating network neutrality is essential to protect consumers and to promote innovation on the Internet. It begins by analyzing the forces that are placing pressure on the basic network architecture to evolve. It then draws on the insights of demand-side price discrimination and the two-sided markets, as well as the economics of product differentiation and congestion, to show how deviating from network neutrality can benefit consumers, a conclusion bolstered by the empirical literature showing that vertical restraints tend to increase rather than reduce consumer welfare. [JH]

Google Promises to Delete Private Data After 9 Months

From the Official Google Blog: "We're announcing a new logs retention policy: we'll anonymize IP addresses on our server logs after 9 months. We're significantly shortening our previous 18-month retention policy to address regulatory concerns and to take another step to improve privacy for our users." See also:  Google's response to the EU privacy regulators. [RJ]

Opening: Librarian for Emerging Technologies, Lillian Goldman Law Library, Yale University

The Lillian Goldman Law Library, with a collection of over one million volumes and volume equivalents, houses one of the world's finest collections of printed legal materials.  The Law Library serves the students, faculty, and staff of a research-oriented law school with a strong tradition of interdisciplinary scholarship, as well as other researchers from the larger scholarly and legal communities.  It is located in beautifully renovated facilities within the heart of the Yale Law School complex.  Its collections are complemented by access to a growing array of online sources, as well as more than 11 million printed volumes housed nearby at more than twenty other campus libraries, including the Sterling Memorial Library and the Beinecke Rare Book and Manuscript Library.  To learn more about the Lillian Goldman Law Library and its collections and services, visit:  http://www.law.yale.edu/library.

General Purpose

Under the general supervision of the Associate Librarian for Reference and Instructional Services, the Librarian for Emerging Technologies is responsible for implementing new technologies and providing electronic services to support the library’s mission.

Responsibilities

The Librarian for Emerging Technologies will be the library’s webmaster and will be responsible for exploring new technologies to leverage future library services, consulting with other library staff concerning digital initiatives such as implementing Web 2.0 technologies to enhance the library’s online presence, coordinating the development of electronic tools for research and reference, including fully developing catalog enhancements for research such as WebBridge and developing and maintaining databases when necessary, analyzing the needs of the law library patrons and instituting electronic resources that will meet their research and reference needs. As a member of the Reference and Instructional Services Department, the Librarian for Emerging Technologies will participate in providing high-level, in-depth reference and research assistance in a dynamic and challenging environment. Depending upon interest, the incumbent may teach in the legal research curriculum, he or she will participate in a faculty liaison program, and provide reference service.

The successful candidate will have the ability to function in a collegial, teamwork-oriented environment which emphasizes customer service and delivery of exemplary library reference and research services. Librarians are also expected to take part in library and campus planning committees and task forces, and to participate in campus, regional and national professional development activities.

May be required to assist with disaster recovery situations.

Qualifications

M.L.S. from an ALA-accredited institution; J.D. from an ABA-accredited law school (significant applicable experience may substitute for one of the two degrees); significant experience working with law library-related electronic / digital resources; knowledge of current information technologies and publishing formats; thorough knowledge of legal bibliography and legal research techniques; working knowledge of web design, current authoring languages, editing and authoring tools. Fewer than two years of professional library experience would result in an appointment as a Librarian I, appointment to the Librarian II rank requires two years of professional library experience and demonstrated professional accomplishments appropriate to the rank. Appointment to Librarian III requires five years of professional library experience and demonstrated professional accomplishments appropriate to the rank.

Preferred Qualifications: Three or more years academic law library experience, familiarity with III integrated library system, teaching experience, database development skills, knowledge of CMS systems such as Drupal, skill in database and Internet searching, extremely strong service orientation, excellent communication and interpersonal skills, ability to work with diverse individuals at all levels of a complex organization, awareness of current trends in legal research and legal education.

Salary and Benefits

Rank and competitive salary will be based upon the successful candidate's qualifications and experience. Full benefits package including pro-rated 22 vacation days; 18 holiday, recess and personal days; comprehensive health care; TIAA/CREF or Yale retirement plan; and relocation assistance. Applications will be accepted until the position is filled. Applications consisting of a cover letter, resume, and the names of three references should be sent by creating an account and applying online at http://www.yale.edu/hronline/stars/application/.  Please be sure to include Source Code #:  5664BR.

Background Check Requirements

All external candidates for employment will be subject to pre-employment screening. All offers are contingent on successful completion of a background check.

Yale University is an affirmative action/equal opportunity employer.  Yale values diversity in its faculty, staff, and students and strongly encourages applications from women and members of underrepresented minority groups.

Help Keep D-Lib Magazine Open

Help keep D-Lib Magazine an open access publication by taking their survey. The editors will be seeking advertising income to fund operations and need to profile their readers for potential advertisers. [JH]

World-Changing Web Projects?

Donny Shaw's (Open Congress) blog post identifies 20 web project proposals and live services that could change the world, maybe. Here's two of the web projects:

• Social Actions aggregates peer-to-peer social change campaigns so that individuals, organizations, and third-party developers can find, support and mashup grassroots solutions to local and global problems. Social Action brings together active campaigns from more than 25 platforms into a single open API and search interface.
• Capitol News Connection’s Ask Your Lawmaker offers customizable widgets anyone with an Internet connection can keep their lawmaker accountable.

World Changing, Maybe Not. In The Internet as a Tool for Democracy?, Linda Jean Kenix (School of Political Science and Communication, University of Canterbury (New Zealand)) observes that apathy is a "vexing problem to solve given the fact that Internet content creators appeared to have such strong beliefs about the power of the technology." Check out the First Monday article for the results of her survey of US non–profits' perceptions and uses of the Internet as a tool for social change. [JH]

Would Publius Be a Spammer?

The Virginia Supreme Court has struck down the state’s anti-spam law for violating the First Amendment because it bars anonymous transmission of political, religious and other speech protected by the First Amendment and fails to limit its restrictions to fraudulent or commercial e-mail or to unprotected speech such as defamation or obscenity. [Text of opinion] Writing for the court, Justice G. Steven Agee observed, "were the Federalist Papers just being published today via e-mail, that transmission by 'Publius' would violate the statute" because it bars anonymous transmissions. [JH]

Newton Minow and Fred Cate on Government Data Mining and Its Risks

In Government Data Mining [SSRN], Newton Minow and Fred Cate examine the technological and geopolitical factors that have raised and complicated government data mining practices, and helped to render existing law inadequate. The article describes legal and other issues posed by data mining, but not resolved by existing law, and includes a summary of the recommendations of the DOD Technology and Privacy Advisory Committee - the most recent word on the subject - which are currently under consideration by Congress and the Secretary of Defense. From the article:

Government data mining can pose a variety of risks to individuals and institutions alike. Those risks include the infringement of legally protected privacy rights; undermining national security by targeting innocent individuals, failing to identify real suspects, or otherwise misfocusing scarce resources; creating liability for businesses and others that provide, or fail to provide, the government with requested data, or otherwise fail to comply with often detailed and burdensome laws; and interfering with transnational data flows or subject U.S. companies to liability under foreign national laws. These and other risks are exacerbated by the escalating pace of technological change.

Any article on this topic by Newton Minow and Fred Cate is well worth the time to read. Minow is Senior Counsel, Sidley Austin Brown & Wood, formerly Chairman of the Federal Communications Commission, Carnegie Corporation, Public Broadcasting Service, and The RAND Corporation, and Vice Chairman of the Commission on Presidential Debates. He chaired the Department of Defense Technology and Privacy Advisory Committee. Fred Cate (Indiana University School of Law-Bloomington) authored the landmark book, Privacy in the Information Age (1997)

Hat tip to Legal Research Plus. [JH]

Let's Nominate AALL's Washington Blawg One of the 10 Blogs to Read in 2009

The good folks at LISNews want to know which blogs should be the 10 blogs to read in 2009. Their goal again this year is 10 blogs that, when followed as a group, paint a complete picture of what's going on in librarianship. Before you nominate, take a look at past winners because they are not eligible for 2009:

• The LISNews 10 Blogs To Read In 2008
• The LISNews 10 Blogs To Read In 2007
• The LISNews 10 Blogs To Read in 2006

Let's Nominate AALL's Washington Blawg. Law Librarian Blog was one on the LISNews 10 blogs to read in 2008 so we're not eligible, but even if we were, LLB wouldn't be the blog I would nominate. Since the idea is to nonimate blogs that provide news, information and analysis for all librarians, I think AALL's Washington Blawg would be a great candidate for LISNews 10 Blogs Read in 2009.  For example, Emily Feldman's recent post, House Passes Bills to Reduce Over-classification provides the sort of current awareness information all librarians need to know. It also links to a comparative analysis of the two bills passed by the House -- H.R. 6575, the Over-Classification Reduction Act, which mandate the reduction of over-classification across the federal government and H.R. 4806, the Reducing Over-Classification Act of 2008, which applies only to the Department of Homeland Security -- and links to recent commentary. [JH]

GlobaLex Legal Research Guides, September 2008

GlobaLex has published several updated research guides this month:

• Forced Evictions and Disability Rights in Africa by Buhle Angelo Dube
• One Country, Two Systems” of Legal Research: A Brief Guide to Finding the Law of China’s Hong Kong Special Administrative Region by Sergio Stone & Roy L. Sturgeon
• A Guide to the Liberian Legal System and Legal Research by Hanatu Kabbah 
• Sierra Leone Legal System and Legal Research by Hanatu Kabbah

[RJ]

Civil Rights Cases Decline Dramatically

The number of civil rights cases filed in U.S. district courts declined nearly 20 percent between 2003 and 2006, according to a new report from the Justice Department’s Bureau of Justice Statistics.  The report, Civil Rights Complaints in U.S. District Courts, Examines civil rights claims based on race, age, sex, or national origin involving employment, welfare, housing, voting, or other civil rights discrimination issues. It covers civil rights claims litigated in federal district courts from 1990 to 2006. Information is presented on trends in types of civil rights cases filed in federal district courts, the basis of federal court jurisdiction, case processing time, disposition of civil rights cases, and the types of trials that occur in the federal courts. In addition, this report examines who wins in civil rights trials and the estimated median monetary amount awarded to litigants.  Highlights include the following:

• Civil rights filings doubled in U.S. district courts from 1990 (18,922 filings) to 1997 (43,278 filings) and subsequently stabilized until 2003. From 2003 through 2006, the number of civil rights cases filed in U.S. district courts declined by 20%.
• During the period from 1990 through 2006, the percentage of civil rights cases concluded by trial declined from 8% to 3%.
• From 2000 to 2006 plaintiffs won just under a third of civil rights trials on average, and the median damage awards for plaintiffs who won in civil rights trials ranged from $114,000 to $154,500.

[RJ]

Reminder: AALL/Wolters Kluwer Research Grant Applications Due Nov. 3

The AALL Research & Publications Committee is accepting applications through Monday, November 3, 2008, for research grants from the AALL/Wolters Kluwer Law & Business Grants Program, totaling up to $5,000. [Grant application and Guidelines] Grants will be awarded and announced in January 2009. Allocation of the research grants will be at the sole discretion of the AALL Research & Publications Committee.

The committee will award one or more grants to library professionals who wish to conduct research that supports the research/scholarly agenda of the profession of librarianship. The grants program funds small or large research projects that create, disseminate, or otherwise use legal and law-related information as its focus. The AALL Research Agenda offers suggestions for possible research projects that cover a wide segment of professional interest. However, projects are not limited to those described in the agenda, and the committee will consider all applications and research projects. 

For more information about the grants, please contact Annmarie Zell, chair of the AALL Research & Publications Committee, at annmarie.zell@nyu.edu. [RJ]

Most Productive Not-Top 50 Law School Faculties

Roger Williams University School of Law has produced a scholarly productivity study for law schools ranking outside the US News Top 50 using articles published in "top journals" over a 15-year period, 1993-2008.

On a per capita basis, the top five law schools are

1. University of San Diego: US News Rank, 82; Peer Review Score, 2.8
2. Yeshiva University (Cardozo): 55; 2.7
3. Florida State University: 55; 2.8
4. University of Richmond: 68; 2.4
5. University of Pittsburgh: 73; 2.8

NB: We're talking about articles published, not articles cited. A citation analysis correlated to US News peer review scores for the "not-Top 50" law school faculties would be much more interesting in my humble opinion. Hat tip to Brian Leiter (Chicago), Law School Reports. [JH]

FackCheck on Internet Claims and Rumors About Palin

FactCheck.org (the  a nonpartisan, nonprofit, "consumer advocate") has posted a piece on Gov. Palin dispelling several internet claims and rumors including:

• Palin did not cut funding for special needs education in Alaska by 62 percent. She didn’t cut it at all. In fact, she signed a bill that will triple per-pupil funding over just three years.
• She did not demand that books be banned from the Wasilla library. Some of the books on a widely circulated list were not even in print at the time. The librarian has said Palin asked a "What if?" question, but the librarian continued in her job through most of Palin's first term.
• She was never a member of the Alaskan Independence Party, a group that wants Alaskans to vote on whether they wish to secede from the United States. She’s been registered as a Republican since May 1982.
• Palin never endorsed or supported Pat Buchanan for president. She once wore a Buchanan button as a "courtesy" when he visited Wasilla, but shortly afterward she was appointed to co-chair of the campaign of Steve Forbes in the state.
• Palin has not pushed for teaching creationism in Alaska's schools. She has said that students should be allowed to "debate both sides" of the evolution question, but she also said creationism "doesn't have to be part of the curriculum."

[RJ]

Congress Sends New Federal Rule of Evidence 502 to President

Congress has sent to President Bush new Federal Rule of Evidence 502, S. 2450 [Thomas] which applies to the inadvertent disclosure in discovery of information protected by the attorney-client privilege and work-product doctrine. From Senate Report 110-264:

The bill provides a new Federal Rule of Evidence 502 to limit the consequences of inadvertent disclosure, thereby relieving litigants of the burden that a single mistake during the discovery process can cost them the protection of a privilege. It provides that if there is a waiver of privilege, it applies only to the specific information disclosed and not the broader subject matter unless the holder has intentionally used the privileged information in a misleading fashion. An inadvertent disclosure of privileged information does not constitute a waiver as long as the holder took reasonable steps to prevent disclosure and acted promptly to retrieve the mistakenly disclosed information.

The bill provides a new rule to ensure that parties will take advantage of its protections by remaining enforceable in subsequent proceedings. If a federal court enters an order finding that an inadvertent disclosure of privileged information does not constitute a waiver, that order will be enforceable against persons in federal or state proceedings. This protects the rule's ability to limit discovery costs by ensuring that parties in any given case will know they can rely on the new waiver rules in subsequent proceedings.

Importantly, the bill respects federal-state comity. The bill will ensure that if there is a disclosure of privileged information at the federal level then courts must honor Rule 502 in any subsequent state proceedings. If there is a disclosure in a state proceeding, then admissibility in any subsequent federal proceeding will be determined by the law that is most protective against waiver. However, it does not apply to any disclosure made in a state proceeding that is later introduced in a subsequent state proceeding.

Not known for understanding the finer points of court rules and procedure (and due process for that matter), someone may have to dumb down the the legislative intent of S. 2450 before President Bush signs it into law. Even Congress gives final approval to key law on inadvertent disclosure in discovery may be to technical for him. [JH]

Why Public Libraries Close

When the former occupants of the old courthouse moved to the new courthouse last year they left behind the Worcester branch of the Massachusetts Trial Court Law Library. Now, the Trial Court Law Library has found a new home across the street from the new courthouse. The library will cover four floors and include a computer training room and conference space for up to 30 people, in addition to library, research, and administrative space. The site will be the only law library in the state to provide a secured area for historical and rare books.

If the Trial Court Law Library had closed and its resources had been relocated to one of the other branch libraries, what would the impact of such a closure had been? Why Public Libraries Close is a nationwide study on the impact of public library closures and facility relocation. It examines why libraries closed from 1999 to 2003, and assesses what the potential impact of such closure was believed to be from the librarians’ perspective.

The study of library closures is an attempt to understand the potential impact of library closure on library users that may be left behind. It provides a framework to identify and, hopefully prevent, a permanent library closure that may save a local government millions of dollars but that may also deny library services to thousands with the fewest alternative resources for information access besides the public library.

Conducted by Florida State University and sponsored by OCLC, some national trends identified during this study and time period include:

1. specific actions to minimize potential impacts of the closure on existing library users are rarely if ever taken. Librarians may benefit from guidelines and recommendations geared to this type of closure
2. during the 1999-2003 time period of this study, the socioeconomic and demographic characteristics of the population within the immediately surrounding 1 mile radius the closed library tended to be poorer, less educated, and with more renters than homeowners when compared to the U.S. population in calendar year 1999 year as a whole. These characteristics are often associated with lower mobility and fewer alternatives for information access. Where these population characteristics prevail, closures could disproportionately impact potential library users who may need the public library more than most, unless actions are taken.
3. migration of America’s population to large population centers may be creating problems for rural libraries. These libraries may find it more difficult to replace library staff. The lowered tax base may make it more difficult for these rural library facilities to upgrade and accommodate the latest information technologies. These factors can contribute to closure.

[JH]

CREW Sues to Keep Cheney Papers Open to the Public

Last week, Citizens for Responsibility and Ethics in Washington (CREW) "introduced itself to Vice President Dick Cheney with a lawsuit" challenging Cheney, the Office of the Vice President, the archivist and the National Archives and Records Administration's decision to exclude a majority of Cheney’s papers from the Presidential Records Act. [Press Release] Two historians and three organizations of historians and archivists have joined the lawsuit. Click here for the report on CREW’s website, where you’ll find a links to the complaint and related litigation filings. [JH]

August Edition of the AALL's Washington E-Bulletin

As the end of the 110th Congress quickly approaches, find out which bills we’re tracking and why we need you to take action now to help the Law Library of Congress. Plus, learn about recent chapter news and read summaries of some newly released reports. All this and more in the August Edition of the Washington E-Bulletin.

Here is the Table of Contents from the August Edition:

TAKE ACTION NOW

• Support Still Needed for the Charles H.W. Meehan Law Library Improvement and Modernization Act (H.R. 6589)

UPDATES FROM THE HILL AND THE WASHINGTON OFFICE

• AALL Continues to Track Hot 110th Congress Items
• Library of Congress and Others Partner to Preserve Federal Agency Web Sites

OUTSIDE THE BELTWAY: CHAPTER NEWS

• Chapters Show Support for Law Library of Congress

FREE TIME WELL SPENT: Further Reading for the Information Policy Junkie

• Reporters Committee Releases White Paper on Access to Military Dockets
• How Will the Candidates Treat Executive Power?
• Pew Research Center Survey: How We Consume News
• NRC Report Concludes Public Outreach Improves Decision Making