Law Librarian Blog

How U of C is Barack Obama?

While political pundits debate whether a former Law School lecturer is too University of Chicago to be president of the United States, the U of C focuses on—what else?—what it means to be U of C in Elemental Obama. Go Maroons! [JH]

The Legal Side of the Lehman Brothers Collapse

Excellent podcast from Legal Talk Network:

"The largest bankruptcy case in U.S. history is playing out before us with the fall of Lehman Brothers Holdings Inc., creating chaos in the financial community. Join co-hosts and Law.com bloggers, J. Craig Williams and Bob Ambrogi, as they talk to the top legal experts, Attorney John D. Penn, Partner at the firm, Haynes and Boone, LLP and Attorney Victor Bass, Partner at the firm, Burns & Levinson LLP, about how lawyers will unravel the company’s assets, what will happen to stockholders and customers along with the impact of all that on the economy. Hear their take on the legal options and strategies being used in this unprecedented case."

[RJ]

The Brain as Public Entity

Several weeks ago I took an MRI to prove once again to my wife that I really do have an occasionally functioning brain. So Fastcase's recent blog post grabbed my attention. The use of new neuroscience technologies has created a number of moral issues in the courtroom. One up and coming test is the brain scan according to Fastcase. For more on the issue, see the MacArthur Foundation Law and Neuroscience Project. [JH]

On Being Open: CNET Profiles Carl Malamud, iLibrarian Interviews Jimmy Wales

Carl Malamud on Open Government Data. Check out CNET's profile of Carl Malamud in Tech activist takes on governments over 'copyrighted' laws. See also PublicResource.org's statement of open government data principles which guides his efforts and the great Lego animation for the recently launched Code City. [JH]

Jimmy Wales on Open Licenses. Check out iLibrarian's interview with Jimmy Wales (Wikipedia) where they discuss his role at Creative Commons, using open licensing of content, and his latest project, Wikia Search. [RJ]

Friday Fun: It's Professor Wikipedia!

It's Professor Wikipedia complete with off-topic associations and real-time crowdsourcing by students in the lecture hall. Hat tip to LLB's co-editor, Ron Jones (Cincinnati). [JH]

Does Congress Need a Law Clerkship Program?

Yale Law School student Dakota S. Rudesill thinks Congress does in Keepers of the U.S. Code: the Case for a Congressional Clerkship Program [NELLCO] ("For the first time in the legal literature, I here set out the full case for a congressional clerkship program analogous to that of the judiciary.") Congress is one step closer to establishing a pilot program. The House recently passed the Daniel Webster Congressional Clerkship Act of 2008, H.R. 6475 [Thomas]. The bill would create six paid clerk positions serving one-year appointments in the House. [JH]

Google Book Search Offers Embedded Previews

From the official announcement: “We’re launching a set of free tools that allow retailers, publishers, and anyone with a web site to embed books from the Google Book Search index. We are also providing new ways for these sites to display full-text search results from Book Search, and even integrate with social features such as ratings, reviews, and readers’ book collections. By providing tools that help sites connect readers with books in new and interesting ways, we hope publishers and authors will find even wider audiences for their works.”

According to Google, this is primarily meant for online retailers, although the service is available to everyone. Google also announced partnerships with the University of California and the University of Texas, and a large number of companies and institutions allow them to embed book previews into their online catalogs. The number of universities, publishers, and retailers that take advantage of this service is only going to grow as more institutions take advantage of the new API. Hat tip to Mashable. [JH]

A Quick Look at Knetwit

The goal of Knetwit is to provide campus-wide note-taking services by combining familiar Web 2.0 features such as user profiles, file sharing and online communities. Students join the site for free and can post their notes, papers and other assignments that might be helpful to fellow students. In reviewing the site, Inside Higher Ed notes "depending on one’s point of view, that could be equivalent to study sessions or tantamount to cheating." [JH]

Opening: Associate Law Librarian, University of Oregon Law Library

The John E. Jaqua Law Library at the University of Oregon seeks an innovative and energetic Associate Law Librarian, a full time non-tenure track library faculty position.

The Jaqua Law Library maintains over 350,000 volumes and volume equivalents in print, electronic, media, and micro formats, and supports the teaching, research and service activities of the University of Oregon Law School, which has approximately 540 students. The Law Library provides primary and secondary legal materials as well as specialized collections in environmental law, business law, ADR, ocean law, Indian law, and family law. As a key component of the University of Oregon Libraries, Law Library staff members are active partners in improving access to scholarly resources. The Law Library team is composed of 7.0 FTE library faculty, 6.0 FTE support staff members, and numerous student workers.

Duties & Responsibilities:

The person in this position assists the Director, Law Library with administrative responsibilities, including budget preparation, long and short-range planning, personnel supervision, and technology initiatives. Oversees access services, collection services, technical services, and facilities management. Initiates and monitors library programs and services. Coordinates interdepartmental activities within the law library and with the law school; provides liaison services to designated law faculty; provides research and teaching services; assumes responsibility for the library in the absence of the Director. Supervises two full time law library faculty and six classified staff. Represents the law library on various law school and University Libraries committees and at meetings and other functions. Participates in the reference services rotation, including some weekends. Other responsibilities and projects as assigned by the Director. Reports to the Director, Law Library.

Qualifications:

Required: M.L.S. or equivalent degree from ALA-accredited program; J.D. degree from ABA-accredited program (or foreign equivalent); at least five years of progressively more responsible post-M.L.S. library experience, including at least three years of supervisory experience. Demonstrated experience working with multiple facets of an integrated library system; knowledge of resource sharing practices and trends; knowledge of library collection development practices and trends; understanding of traditional and emerging processes for acquiring, maintaining, and providing access to print and electronic materials; knowledge of legal bibliography and legal research techniques in all formats. Excellent interpersonal and communication skills. Ability to coordinate complex activities, develop new services, handle numerous projects simultaneously, and bring projects to completion. The successful candidate will enjoy working with people from a variety of backgrounds and will bring the ability to improve teamwork, maintain positive relationships, train and motivate staff, and engage in continuing professional development. The successful candidate will also support and enhance a diverse learning and working environment. The Associate Law Librarian is an active participant in the intellectual life of both the law school and the University Libraries. Preferred: Academic law library experience, budgetary experience, project management experience. Experience with Innovative Millennium functions including circulation, ILL, serials, acquisitions, cataloging, ERM, web OPAC, administration, reports, and/or the user manual. Reference, collection development, and/or teaching experience.

Salary & Benefits:

$60,000 minimum. Salary beyond the minimum will be based on prior professional experience, education, and/or rank. The UO offers a generous benefits package. For details, see: http://hr.uoregon.edu/benefits. Low staff tuition rates are available for employees and family members for continuing education. Funding and release time may be provided for participation in conferences and other professional development opportunities.

Employment Conditions:

Librarians hold academic faculty status with rank, and are non-tenured. Contracts are fixed-term (two or three years, depending on rank). Professional growth and service in keeping with university and library standards for promotion and retention is expected.

About the University of Oregon and Eugene:

The law library is part of the University of Oregon Library System. The University of Oregon is the only ARL library in Oregon, whose 2.7 million-volume collection serves as an important research facility for scholars throughout the Northwest. The Library is host site to the Orbis Cascade Alliance, a consortium of thirty-four colleges and universities in Oregon and Washington with a shared catalog. The UO has over 16,000 undergraduate students and approximately 4,000 graduate students, including 2,706 U.S. students of color and 1,175 international students representing 87 countries. The university has an institutional commitment to diversity and multiculturalism, and the Library actively supports this goal with its Library Diversity Committee. The UO Libraries are known for their spirit of cooperation and collaboration, and for their ability to provide a variety of personal and professional opportunities that make a difference.

Deadline to Apply:

Application materials (cover letter, résumé, and a list of contact information for four references, one of whom must be indicated as your most current/recent supervisor) must be received by October 10, 2008 to receive priority consideration. Applications will be reviewed upon receipt and will continue to be accepted until the position is filled.

To Apply:

Send above-mentioned materials by e-mail to libapps@uoregon.edu, to the attention of Ms. Laine Stambaugh, Director, Library Human Resources, 1299 University of Oregon Libraries, Eugene, OR 97403-1299. Please note that your cover letter must address your qualifications for the position.

For More Information:

University of Oregon: http://www.uoregon.edu
UO Libraries: http://libweb.uoregon.edu/
John E. Jaqua Law Library: http://lawlibrary.uoregon.edu
Information for Prospective Employees: http://libweb.uoregon.edu/admnpers/jobseekers.html

President Signs ADA Amendments Act of 2008

President Bush signed S 3406, ADA Amendments Act of 2008, into law on September 25, 2008. [Thomas | Open Congress]. Superseding the Supreme Court's holdings in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), the Act clarifies the definition of "disability" by providing that a person may be disabled even though measures such as medication, prosthetics and assistive technology are used to mitigate the disability.

The Act sets forth rules of construction regarding the definition of "disability," including that (1) "disability" shall be construed in favor of broad coverage of individuals under the Act, (2) an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability and (3) an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

The law is set to take effect on January 1, 2009. [JH]

A Legal Technology Guide That's Actually Useful

Published annually by the ABA, the 2008 Solo and Small Firm Legal Technology Guide is actually useful for its intended audience. How often can you say that about law tech guides! This one provides current information and recommendations on computers, servers, networking equipment, legal software, printers, security products, smartphones, and almost anything else a law office might need.

"This book is an incredible resource for a new lawyer just setting up a practice or a small firm where none of the lawyers are particularly tech-savvy. The most surprising thing about this book is how easy it is to read. One would assume that it is a reference guide primarily to be used when a question occurs or a project is planned, but it is actually meant to be read and, due to its brevity, (113 pages plus a Glossary and Index) it can be read fairly quickly. The fact that this book will actually be read and not just sit on a shelf is its greatest strength. If you are someone who is frequently confronted by technology terms you do not understand, this book can be the complete solution for you." writes Jim Calloway in his review on Law Practice Tips Blog. [JH]

Presidential Debates Start Tomorrow

First presidential debate: Friday, September 26 University of Mississippi, Oxford, MS Second presidential debate: Tuesday, October 7 Belmont University, Nashville, TN Third presidential debate: Wednesday, October 15 Hofstra University, Hempstead, NY

Some of us are old enough to remember when televised political nominating conventions and presidential debates were interesting. The former is now snore-worthy. The presidential debates still offer a glimmer of hope that something interesting might happen. Remember when the TV camera caught the first Bush checking his watch during one of the 1992 debates? Re-election bid dead. (The second Bush was caught checking his watch during the opening ceremony at the Olympics. Perhaps that's an inherited trait in the Bush family tree.)

Carrying on a now storied political tradition that dates back to 1960, when Senator John F. Kennedy first debated Vice President Richard M. Nixon [YouTube video below], Senators Barack Obama and John McCain will face each other in three televised presidential debates this year. See sidebar for dates, the Commission on Presidential Debates webpage for information about the 1960 debates and this compilation of memorable moments from presidential debates. What memorable moments will the Obama-McCain debates produce?

Recommended Reading. Reflecting on the history of televised presidential debates, Newton Minow and Craig LaMay offer the first genuinely inside look into the origins of the presidential debates and the many battles — both legal and personal — that have determined who has been allowed to debate and under what circumstances. They make recommendations for the future, calling for the debates to become less formal, with candidates allowed to question each other and citizens allowed to question candidates directly in Inside the Presidential Debates: Their Improbable Past and Promising Future (University of Chicago Press, 2008). [JH]

The Kennedy-Nixon Debates

India's first e-Law Library opens

For a taste of international news this morning we note that India now has its first e-law library with practitioners on the subcontinent recognizing and responding to the need for technology based legal research. This venture was made possible by the Bar Council of Maharashtra and Goa. The article also includes that "The Bar Council of India has decided to make computer education mandatory in all law colleges across the nation" a step that many American schools incorporate but I is not mandatory. {bb}

Stakeholder Analysis of Governing Documents for Virtual Worlds

Virtual worlds are governed not only by the source code used to develop the world, but also by civil code documents that establish a governance structure that constrains the interactions of users of the virtual world and regulates relationships among stakeholders of the virtual world. Justin M. Grimes, Paul T. Jaeger and Kenneth R. Fleischmann analyze the interplay among the governing documents of World of Warcraft, Dark Age of Camelot, Lineage II, EverQuest II, Second Life, and There in Obfuscatocracy: A Stakeholder Analysis of Governing Documents for Virtual Worlds (First Monday, Sept. 2008). The authors offer a set of policy recommendations and considerations to facilitate the development of governing documents that more democratically and equally serve the needs and rights of all stakeholders in virtual worlds. [JH]

New Book Examines the Dark Side of the Rule of Law

Plunder: When the Rule of Law is Illegal (Wiley-Blackwell, 2008) dares to ask the paradoxical question - is the Rule of Law itself illegal?  The authors, Ugo Mattei (Hastings and Turin) and Laura Nader (Berkeley) expose global examples of plunder: of Native American lands, to the plunder of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty and the demise of Rule of Law in the U.S. "Even if we do not call it by its old name--imperialism--but globalization, free trade, or spreading democracy, the result is the same. And at the heart of this aggressively acquisitive policy lies a crown jewel of Enlightenment thought, the rule of law. A gripping read." Richard Delgado (Pittsburgh). Hat tip to Tom Ginsburg (Chicago), Law & Development Blog. [JH]

RIAA Litigation One Massive PR Campaign to Strike Fear in the Hearts of Would-be Downloaders

RIAA, the lobbying group for the world's big four music companies, Sony BMG, Universal Music, EMI and Warner Music, admits that its massive litigation campaign that now includes more than 30,000 lawsuits targeting alleged copyright scofflaws on peer-to-peer networks including the elderly, students, children and even the dead is just a PR effort aimed to strike fear in the hearts of would-be downloaders. For more, check out David Kravets' story on Wired, File Sharing Lawsuits at a Crossroads, After 5 Years of RIAA Litigation. PSAs not sufficient? [JH]

Will the WorldCat Copyright Evidence Registry Work?

OCLC launched the Copyright Evidence Registry six-month pilot program on July 1 to test the concept and functionality. Users can search the Copyright Evidence Registry to find information about a book, learn what others have said about its copyright status, and share what they know. During a later stage of the pilot, OCLC will add a feature enabling pilot libraries to create and run automated copyright rules conforming to standards they define for determining copyright status. The rules will help libraries analyze the information available in the Copyright Evidence Registry and form their own conclusions about copyright status. In Keeping Rights Registries Open, Peter Brantley reviews issues involving OCLC's pilot program. [JH]

Opening: Associate Director for Library Services University of Connecticut School of Law Library

The University of Connecticut School of Law is seeking candidates for the position of Associate Director for Library Services. The School of Law is located in the Hartford’s West End neighborhood, on a collegiate Gothic campus that has been called the most beautiful law school campuses in the country. The print collection contains over 300,000 volumes and is complemented by an impressive array of online resources and microform holdings. The insurance law collection is among the most comprehensive in the country. The University of Connecticut Law Library is a full member of the New England Law Library Consortium, an organization that increases the local opportunities for exciting ventures, collaborative purchases, resource sharing and professional development. The southern New England region offers ample opportunities for diverse recreation and cultural activities.

Responsibilities:

The position is primarily responsible for oversight of law library services and operations, both services to public and bibliographic in nature. This includes overarching accountability for services to faculty, students, other law school staff, and other library patrons. The Associate Director oversees the reference, circulation, interlibrary loan, collection management, acquisitions, cataloging, preservation and serials activities of the library. This manager addresses concerns of faculty, students and others using the library. This position develops improvements in existing services and plans new programs. The Associate Director advises the Associate Dean for Library and Technology in areas of collection development and manages bibliographic control, ensuring the Law Library’s effectiveness in serving the academic and research mission of the School. This position reports to the Associate Dean for Library and Technology and serves as a member of the library management team with the Associate Director for Information Systems and the Assistant Library Director for Administrative Services. In the absence of
the Associate Dean, this management position is responsible and accountable for all policy, service, and operations matters specific to the library.

Requirements include:

An M.L.S. and a J.D. from accredited programs are required, along with substantial law library public services experience, including 3 years of progressively responsible administrative experience. Experience in library technical and bibliographic services, or experience working collaboratively with technical services is required. An expanded description of responsibilities and qualifications will be mailed to all interested parties.

Compensation:

Annual Salary: Commensurate with experience. This is a management position. A comprehensive benefits plan is offered to all members and presently includes 22 vacations days, 1.5 personal leave days, 12 state holidays, and a selection of health/dental insurance options.

Application:

Please send cover letter, resume, and a list of 3 employment references to: Susan Severo, Assistant Library Director for Administrative Services, University of Connecticut School of Law, 39 Elizabeth Street, Hartford, CT 06105, or to ssevero@law.uconn.edu. Preference will be given to applications received on or before November 1, 2008. Appointment will begin as soon as possible, with a target date in Spring Semester 2009.

In keeping with our commitment to build a culturally diverse community, the University of Connecticut invites applications from women, people with disabilities, and members of minority groups.

What are the Odds of Plaintiffs Winning Employment Discrimination Lawsuits?

Kevin Clermont and Steward Schwab's Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse? reveals that, based on data from 1979 to 2006, plaintiffs who brought employment discrimination suits in federal district courts prevailed only 15 percent of the time, compared to 51 percent for non-employment related cases.

Why? As a practical matter there are two reasons. First, employers will settle out of court if there's a good chance they will lose. These "write the check" complaints factor in the legal merits, cost of litigation and bad publicity. If employers proceed to court, once the burden of proof has shifted to the plaintiffs, overcoming it by plaintiffs is fairly difficult in employment discrimination lawsuits. Good luck, for example, trying to find in Title VII single-plaintiff suits, cases were the plaintiff won. [JH]

Rep. Frank to LC's Billington: Do the Right Thing

In 2005, Diane Schroer (formerly David Schroer), a former Army Special Forces commander, was offered a terrorism research analyst position with LC's Congressional Research Service but was later denied the position when she announced her plans to live as a woman. On Friday, the U.S. District Court for the District of Columbia ruled that LC discriminated against her. LC now has the opportunity to appeal.

According to The Hill, Rep. Frank has written to the Librarian of Congress, Dr. James Billington, urging LC not to appeal the the court's decision. Billington, by the way, was responsible for denying Schroer the job. Shame on you. [JH]