Law Librarian Blog

Dumb and Dumber: Are Americans Hostile to Knowledge?

Interesting review from the NY Times:

"Susan Jacoby's new book bemoans the state of American culture. Not only are citizens ignorant about essential knowledge, she says, but they also don’t think it matters."  [RJ]

Editors Picked 'Em: Best Collections of Downloads

Great article from PC World:

"These are among the most popular collections of downloads we've produced in recent months.

When you open a link, you'll see a list of the downloads we've picked. Simply click on the name of the download that interests you, read our mini-review, and if you're still interested, download away!"  [RJ]

Update on WikiLeaks Case

The NYT reports on updates in the WikiLeaks case (previously discussed on LLB):

The hearing, scheduled for Friday at 9 a.m. in San Francisco, was supposed to address whether to make permanent a second order that the judge signed, prohibiting “displaying, posting, publishing, distributing, linking to and/or otherwise providing any information for the access or other dissemination of copies of and/or images of” the documents sought by the bank.

Now the hearing may cover much more as a result of the many motions raising First Amendment concerns. And late Thursday, Judge White issued a list of questions suggesting he had worries of his own. Among other things, the judge asked whether the bank should be suing Dynadot and Wikileaks at all, whether a “right to privacy trumps the freedom of access to information,” and whether an order extending the prohibition on displaying the bank’s documents could be enforceable.

Links to the Notice of Intent to Appear & Rejoinder and Questions for Hearing are made available at the bottom of the article. 

[JJ]

Big-Firm Associates in the News

Big-Firm associates are the topic du jour again.  Both law.com and the WSJ law blog are talking about this report (link difficulties experienced with report):  "After the JD."  Here are a few of the problems identified (via):

Early in their careers, far too many associates are given a steady diet of drudge work: reviewing documents; reading e-mails; organizing schedules for transactions; researching small, tangential issues. 

Partners may not take time to communicate the overall issues and strategy in a large matter, but just send younger associates off to till a small part of the North 40. Too often the junior associates have to work for senior associates whose goal in life is their own advancement, not the well-being of their younger colleagues.

Partners, who have huge workloads and unceasing pressures to produce, do not spend much time worrying about the professional development of young lawyers nor provide adequate mentoring, education and training.

Meanwhile, Eric Johnson over at PrawfsBlog is urging associates to unionize:

Think about it. Associates at big law firms are perfectly suited to unionize. They are overworked and underpaid. And partners utterly depend on them. If associates actually used their latent collective bargaining power, it seems to me they could extract huge concessions from partners.

Underpaid?  Really?   

[JJ]

Friday Fun: The Subprime Primer

Do you understand the subprime mess? Really understand it? Nothing beats a slide presentation to make things clear. Hat tip to Ernie the Attorney. [JH]

Let's Make St. Patrick's Day an Official Holiday!

Proposition 3-17 is a Guinness-sponsored campaign to make St. Patrick's Day an official holiday. It isn't already?!?!? In order to present the petition to Congress, the brewers of Guinness need 1 million signatures by midnight on March 16, 2008. At the moment, the Company is about 900,000 short of their mark.

What's neat about this online petition (read marketing campaign) is that you get to use an embedded graphic pen to sign your name to it and your signature ends up looking like something you might have written on a credit card receipt after one too many pints.

Truly a worthy cause deserving the attention of law librarians nationwide! LLB is powered by Guinness. Hat tip to Ron Jones for sharing. [JH]

New on LLRX.com

From LLRX:

• Eight Legal Technology Trends for 2008 – Good Times, Bad Times or Hard Times in Legal Tech? by Dennis Kennedy
• E-Discovery Update: Resolving Client-Vendor Disputes, by Conrad Jacoby
• Happ-eee with my Eee PC, by Bette Dengel
• Knowledge Discovery Resources 2008, by Marcus P. Zillman
• The Government Domain: What's New in DotGov and Beyond, by Peggy Garvin
• FOIA Facts: The Congressional Role in FOIA Operations, by Scott A. Hodes
• Mexico and its Legal System, by Prof. Jorge A. Vargas
• CongressLine: The Budget, by Paul Jenks
• The Caribbean Court of Justice: A Research Guide, by Yasmin Morais
• Burney's Legal Tech Reviews, by Brett Burney
• More Recommendations from MacWorld 2008, by Nicholas Moline
• Commentary: The Theory of the Unitary Executive and the FY2009 Budget, by Beth Wellington

Just Released: Infanti's Everyday Law for Gays and Lesbians and Those Who Care about Them

Everyday Law for Gays and Lesbians is a combination of powerful narrative and intricate legal analysis. Anthony Infanti writes in a style that is easily accessible for nonlawyers while also providing the details and research notes that lawyers and academics will appreciate. His message, that legal change alone will not stamp out antigay bias, is not new, but his telling of this story is fresh, insightful, and full of constructive suggestions for social activists who wish to advance the cause. This book should be mandatory reading for anyone who cares about lesbians and gay men. -- Patricia A. Cain, Inez Mabie Professor of Law, Santa Clara University

Everyday Law for Gays and Lesbians and Those Who Care about Them
by Anthony C. Infanti

List Price: $23.95
Paperback: 272 pages
Publisher: Paradigm Publishers (February 29, 2008)
ISBN-10: 1594514372
ISBN-13: 978-1594514371

Description: Everyday Law for Gays and Lesbians and Those Who Care about Them accessibly explains the myriad ways the law applies to and affects lesbian and gay lives. Written both concretely and clearly, each chapter opens with a vivid story about actual experiences of lesbians and gay men and then uses those experiences as a springboard for discussing the law. Using his personal and expert professional experience, Anthony Infanti makes complicated legal issues approachable, including marriage and its alternatives, bias crimes, the military, education, employment, housing, medical and tax planning, and parenting. Going beyond a mere summary of the law, this book provides both legal and nonlegal strategies for coping with and effecting positive change in the law as it affects the lives of lesbians and gay men. The book also contains an appendix with a list of useful resources for lesbians, gay men, and those who care about them.

About the Author: Anthony C. Infanti is Associate Professor of Law at the University of Pittsburgh School of Law. His work focuses on sexual orientation and the law, paying particular attention to the application of the tax laws to lesbians and gay men.

30 Google Apps You’ve Never Heard Of

Well, not really but that's the title of Laura Milligan's article which is useful for listing Google Apps and providing brief descriptions of ones you may not know. I, for example, didn't know Google's News Archive Search existed. Here's Milligan's description of it:

Archive Search: Forget dusting off old microfiche and microfilm from the library to discover archived photos and newspapers. Google’s Archive Search goes back 200 years and “can automatically create timelines which show selected results from relevant time periods” to augment your search.

NB: Google Answer is listed but that app died several years ago. [JH]

SMU To Be Site Of Bush Presidential Library

The George W. Bush Presidential Center at SMU will consist of a a library, museum and institute. Read more about it in the press release [RJ]

Opening: Director, Law Library and Information Technology Services, LSU Law Center Library

The Paul M. Hebert Law Center, Louisiana State University, invites applications for the position of Associate Vice Chancellor for the Library and Information Technology Services.

Responsibilities: The Associate Vice Chancellor is the chief administrative officer for the law library and information technology services and is responsible for all operations within both areas including planning, budgeting, and administration.  He or she monitors both the library and IT services to ensure all programs and functions of each fully support the academic, research, and practical skills needs of Law Center students, faculty, and visitors.  The Associate Vice Chancellor reports directly to the Law Center Chancellor and participates as a member of the Law Center’s executive staff helping to determine the overall course and direction of the Law Center.

Required: Candidates must have a JD from an ABA-accredited law school and a MLS or equivalent degree from an ALA-accredited institution.  They must have significant administrative experience in a substantial law library and understand the functioning and operation of an academic law school library.  They must also have a customer oriented approach to working with all Law Center constituencies to support the teaching, scholarship, and service goals of the Law Center and must work to review, evaluate, and align services with ongoing changes in the Law Center curriculum.  Candidates must possess a familiarity with and interest in information and instructional technologies.

Salary and Benefits: Salary and rank are commensurate with the successful candidate’s experience.  The Associate Vice Chancellor is a member of the Law Center faculty and holds a tenured or tenure-track position in the library faculty.

Other: The library staff includes eleven professional librarians and nine library associates.  The library houses over 850,000 volumes and volume equivalents and serves a student body of approximately 650 along with 40 full time faculty members.  The Paul M. Hebert Law Center is an administratively independent institution located on the Louisiana State University campus and is an equal opportunity employer committed to diversity within its organization.  Visit www.law.lsu.edu for further information on the Law Center and the library.

To Apply: Submit a letter of interest, a detailed resume listing qualifications and experience, and the names and contact information of three professional references.  The review of materials will begin immediately and will continue until the position is filled.  Applications should be sent or emailed to:

Professor Wendell H. Holmes
Chair, Library Director Search Committee
Paul M. Hebert Law Center
Louisiana State University
1 East Campus Drive
Baton Rouge, LA 70803
wendell.holmes@law.lsu.edu

The Louisiana State University Paul M. Hebert Law Center is an Equal Opportunity/Equal Access Employer. 

Consumer Reports Compares Westlaw and Lexis?

That's an article I'd love to read.  Unfortunately, it's not here quite yet.  But in the meantime, Wired has this entertaining article on being a purchaser for Consumer Reports, one of my favorite non-law periodicals.  An excerpt:

Making these purchases without saying why can be tricky. Once, Jon told a phone salesman that he needed a particular model because his mother had Alzheimer's and he'd never be able to teach her how to use a new brand.... He fondly recalls the time he purchased five different washing machines, claiming that his landlord father had given tenants their choice of brands.

[JJ]

Lexis Reports Information Overload for Legal Professionals

The link to Lexis's report here.

A discussion from Legal Blog Watch:

Information overload is crushing white-collar professionals of all ilks, but hitting lawyers particularly hard, according to a LexisNexis published yesterday. Among professionals generally, seven in 10 feel inundated with information and two in five believe they are headed for an information "breaking point," the survey says. But among lawyers, 80 percent report being overloaded with information and 70 percent say they spend too much time sifting through irrelevant information. Common symptoms of information overload for lawyers include spending too much time conducting research, having trouble recreating research time for billing purposes, and wasting time searching for old e-mails and documents.

But while information overload is crushing us, nearly 70 percent of lawyers say that finding specific pieces of legal research or information is easier today than just two years ago, with 20 percent saying it is much easier today. Virtually all agree that having leading-edge legal technology is crucial to cutting through the clutter. For the lawyers surveyed, the most important technology tools are those that return comprehensive results, focus on the lawyer's practice area, provide analysis and expertise in addition to data, and are regularly updated. Less than half thought it was important to have a tool that offers access to online communities where they can discuss issues of law with their peers.

[JJ]

Impeachment of State Court Judges

Interesting article from Gavel to Gavel: "While threats to remove judges from office over their decisions are nothing new, the last two state legislative cycles have been unprecedented in the actual number of resolutions introduced. Beyond simple rhetorical jousting, the drafting and consideration of articles of impeachment (or in some states bills of address) for judicial decisions has become more widespread and are not necessarily only contending with highly charged political issues."  [RJ]

Big Drop in Minority Law Students, Columbia Site Says

From the ABA Journal:

"Nationwide enrollment of African-American and Mexican-American students in U.S. law schools is down significantly since 1992 and could drop further.

According to statistics reviewed by individuals at Columbia Law School and the Society of American Law Teachers and discussed on their website, law school enrollment by members of these racial minority groups has dropped by 8.6 percent over the past 15 years. And that has occurred despite a constant number of minority applications and an increasing number of law students overall during the same period, reports the Wall Street Journal Law Blog. It apparently got the scoop from an upcoming article in the National Law Journal.

The statistics, which were compiled by the nonprofit Law School Admission Council, show a disturbing trend away from making law school admissions process more inclusive of minority applicants, experts say.

And "it's going to get a whole lot worse before it gets better," predicts Vernellia Randall. A professor at the University of Dayton School of Law in Ohio, she has put together a report on "America's Whitest Law Schools."  [RJ]

Coordination of IP Enforcement and Protection

New report from the National Intellectual Property Law Enforcement Coordination Council:

"This is the sixth annual report on the activities of the National Intellectual Property Law Enforcement Coordination Council (“NIPLECC” or “Council”) submitted pursuant to 15 U.S.C. 1128(e). This report continues to build upon the improvements made in the 2006 report, which was the first submitted after Public Law 108-447 established the U.S. Coordinator for International Intellectual Property Enforcement (Coordinator) at the head of the Council and charged the Council with coordinating and overseeing the Federal Government’s intellectual property protection and enforcement efforts.

The current report contains significantly more data and analysis, and establishes the precedent of submitting the report early in the calendar year so that we can provide the full results of our intellectual property (IP) enforcement efforts which have been typically reported by agencies on a fiscal year basis.

We have also attempted to provide greater detail on the full range of U.S. Government activities focused on IP enforcement and to analyze more fully the extensive interagency coordination that has supported substantial progress in the past year. This is done to demonstrate our commitment to a permanent and sustainable approach to IP enforcement that is focused on clear strategic goals."  [RJ]

Acquire Everything You Need for a Law Library Coffee Bar from Amazon

Want to open a coffee bar in the law library to supplement your library's budget? This one, available from Amazon.com(!), is designed as a turnkey drive-thru operation so it will cut down on noise and, with the removal of a few shelving units it can easily fit inside a law library.

For $89,000, you can buy an Espresso Americano Brevita Drive-Thru coffee shop, including building materials and equipment. All you need is to find a site. Not sure what shipping will cost but the turnkey operation weighs four tons! Here's what you get:

• Complete, self-contained business. Just pick your site and we'll provide everything else you need to start your own espresso business.
• Kit includes the drive thru unit (pictured on Amazon page), all equipment needed for start-up, start-up supplies including product and small wares, membership in the EA Brevita Cooperative Association for one year featuring product discounts and online, video-based training 24/7.
• Includes all training materials, business plan and documentation necessary to obtain financing, site selection guidelines and procedures, and regulatory information.
• Full support of a national brand, complete with branded loyalty cards good at all EA Brevita locations.
• National branded support of a large network without the expensive franchise cost.

[JH]

Economic Report of the President

From the press release:

"The Economic Report of the President is a detailed summary of the economic issues and policies that face our nation today. Although not every topic worthy of consideration can be covered in one volume, we believe that those covered in this report are among the most important." 

See also:   Fact Sheet: The Economic Report of the President

[RJ]

Drexel Law Receives ABA Provisional Accreditation

As noted in the Drexel press release, it is no small accomplishment that the law school recieved provision accreditation less that 18 months after opening its doors to students:

To reach this milestone less than 18 months after welcoming our first law students to Drexel is remarkable, and a testament to the vision and commitment of our Board of Trustees and the hard work and passion of the faculty and staff of the College of Law and its founding dean, Roger Dennis. Drexel Law has gathered some of the most talented, innovative law faculty, practice professionals and students anywhere, and it shows in every initiative.

Certainly true with respect to the law library staff. In 2005, law school representatives were making some "wild and crazy" statements about the school's law library and the provision of information resources and services to students and faculty. See our posts here and here. Luckily reality set in. Drexel hired Chris Simoni and he, in turn, hired a well-qualified staff. Congratulations to Chris and his team on a job very well done. [JH]

Law Library of Congress Current Awareness Resources

From the site:

Available RSS feeds:

• News & Events: http://www.loc.gov/rss/law/news.xml
• Research Reports: http://www.loc.gov/rss/law/reports.xml
• Webcasts: http://www.loc.gov/rss/law/webcasts.xml
• Global Legal Monitor: http://www.loc.gov/rss/law/globalmonitor.xml

Email updates:

• News & Events
• Research Reports
• Webcasts
• Global Legal Monitor

[RJ]

The Economic Benefits of Reducing PC Software Piracy

New report by the Business Software Alliance:

"Reducing software piracy could create hundreds of thousands of new jobs, billions in information technology (IT) spending and economic growth, and new tax revenues to support local services.

A study commissioned by the Business Software Alliance (BSA) and conducted independently by International Data Corporation (IDC) finds that while all countries could benefit from reducing the use of illegal software on personal computers (PC), high-piracy emerging economies could experience the most dramatic, positive impacts.

“The Economic Benefits of Reducing PC Software Piracy” looks at the bottom line economic benefits of reducing piracy in 42 countries that together account for more than 90 percent of global IT spending in 2007. The study is designed to quantify the economic benefits to domestic economies that could be gained from a ten percentage point reduction in PC software piracy over a four year period, from 2008-2011."  [RJ]

State of the States 2008

Stateline.org’s annual report on state trends and policy, "State of the States 2008" is now available.  Check it out!  [RJ]

Nutshell on Legal and Life Skills

Something a little different from the Nutshell Series. [JH]

Excellence in the Workplace: Legal and Life Skills in a Nutshell
By Kathleen Kavanagh and Paula Nailon

Suggested List Price:$27.00
West Law School, 2007
ISBN-13:9780314176097
ISBN:0314176098

Description:  This book deals with fundamental lawyering skills (such as analysis, research, writing, oral communication, and time management) as well as with characteristics of emotional intelligence, effective interpersonal relationships, models of professionalism, conflict and stress management, and generational differences. It also offers practical advice for building a successful career (such as creating a career plan, assessing a job offer, negotiating salaries, money management, and work-life balance). Successful lawyers tell us this is the book they wish they'd read when working at summer jobs during law school, or in their first jobs after graduation.

Features And Benefits:

• Excellence in the Workplace has 37 chapters dedicated to developing and supporting the success of young legal professionals
• The chapters are arranged in a logical order, beginning with preparing for a first day on the job, and progressing to life on the job, managing a budget, and maintaining work/life balance
• The book is designed for easy reading and reference for students; additionally, chapters can also be used as teaching modules, individually or as a comprehensive series
• The content is comprehensive-- covering a wide range of fundamental skills (such as research, analysis, writing, oral communication, managing assignments, and putting feedback to good use)
• It also addresses issues of concern to many students such as overcoming shyness, understanding workplace culture, development of emotional intelligence and "people skills," and management of stress and conflict
• The book teaches by example, using student reflections about real-life situations, shared in the form of on-the-job journal entries

Opening: JD/MLS Program in Law Librarianship, 2008-2009 Graduate Assistant, University at Buffalo Law Library

The University at Buffalo Law Library seeks exceptional candidates for a graduate assistant position in Reference and Faculty Services.

Responsibilities: A twelve-month, renewable appointment, requiring 20 hours per week of service, distributed as follows:

Reference (13 hours):

• Provide reference service as needed by library patrons, including five hours on Sundays (noon-5:00pm) and eight hours Mondays through Fridays, possibly including one evening (5:00-9:00pm) per week.
• Update legal bibliographies, assist in identifying and updating links for the Law Library's homepage, preparing new web-based research materials, and preparing teaching materials for first year research and writing classes and other Law School classes.
• The graduate assistant will complete a research project, such as an annotated bibliography, in-depth webpage, or article, which could be submitted for publication or included on the Law Library's webpage. The topic will be determined in consultation with the Head of Information Services and the Director of the Law Library. Research for the project may be performed either when the Library has an abbreviated reference schedule or during quiet times at the Reference Desk.

Mercury Faculty Document Delivery Service (7 hours):

• Assist with monitoring and filling faculty requests for library materials. Maintain statistics on the use of the service.

These are the hours expected while classes are in session during the fall and spring semesters. Adjustments will be made during intersession and summer.

Qualifications: Applicants must be enrolled in the joint JD/MLS program, or hold either the JD or MLS degree while completing the complementary program. Applicants should have completed the first year Research and Writing course or one or more Legal Bibliography courses in the MLS program. Also required: knowledge of legal research and the Internet; demonstrated ability to interact well with individuals. Applicants must be available the week prior to the beginning of the fall semester for training.

Educational Benefits: Graduate assistants will gain a full range of professional experience in law library reference services, including in-depth knowledge of the legal research process and both print and electronic research sources, experience in serving multiple and diverse patron populations, and expertise in using bibliographic databases and the Internet to respond to reference questions and to fill Mercury requests. Graduate assistants will observe varying styles in responding to reference queries, and will have the opportunity to prepare their own research for publication.

Salary: $10.00/hour, plus 9 hours graduate student tuition per semester. Graduate assistants in the JD program may also qualify for scholarship awards.

Applications, including a cover letter, resume, and the names and contact information for three references, must be submitted by April 4, 2008, to:

James Milles
Professor of Law
Vice Dean for Legal Information Services
Director of the Law Library
University at Buffalo Law School
208 O'Brian Hall
Buffalo, NY  14260
(716) 645-2089
jgmilles@buffalo.edu

A Portrait of Early Internet Adopters

A recent Pew/Internet survey asked early Internet adopters why they first went online. The majority of respondents noted "to communicate with colleagues." In other words, to network via a new communications medium. "Social networking is nothing new. Remember BBSs and Usenet, chat rooms and threaded discussions" writes Amy Tracy Wells in A Portrait of Early Internet Adopters: Why People First Went Online --and Why They Stayed (February 20, 2008). [JH]

Worldcat's New Facebook Plug-in

We reported on the launch of Worldcat.org in 2006, but the program has recently become more social by integrating with the popular social networking site, Facebook. The Facebook plug-in complements Worldcat's search plug-ins for the Firefox and Google Toolbars.

As if you needed another reason to have Facebook open on the reference desk...[NA]

Fourth Edition of The Refugee Law Reader Now Online

The Fourth Edition of The Refugee Law Reader is now online. The Reader, created by a group of international refugee law specialists and published by the Hungarian Helsinki Committee, is the first comprehensive on-line model curriculum for the study of international refugee law. This latest edition aims to introduce the most important legislative and legal developments that have occurred in the past year, and The Reader has been updated to keep pace with the fast moving and complex evolution of EU refugee law. [Link to our coverage of The Reader's third editon]

The amount of material available within its easily accessible framework has doubled to over 600 documents since the first publication of The Reader in 2004, while its user base now exceeds 20,000 individuals worldwide. As a 'living' case book, The Reader offers access to an enormous wealth of primary source material and secondary literature that we hope will further strengthen the teaching and research capacity in international refugee law.

Over 85% of The Reader’s documents are accessible for all users. The rest of the materials are only available for professors, students and researchers working mainly in Eastern Europe, Africa and Asia, due to strict copyright agreements with international publishing houses. The Hungarian Helsinki Committee negotiates with publishers regularly in an effort to continue expanding the circle of beneficiaries. 

Planned Developments for The Refugee Law Reader in 2008. Although The Reader was originally intended as a resource for developing refugee law clinics in universities in Central and Eastern Europe, because of its extensive use across the world the Editorial Board is now engaged in the task of expanding and "universalizing" The Reader. The Fifth edition, which will be launched towards the end of 2008, will introduce new regional sections on Latin America, Africa, and Asia. In addition, adapted language editions of The Reader will be launched in French, Russian, and Spanish in order to better serve the diverse and growing community of our users.

[JH]

Law Schools Fight Proposed Limit on Judges’ Travel

Interesting article from Inside Higher Ed:

"The “good government” movement in Washington has taken aim at fat-cat lobbyists, free spending campaign donors, and earmark producing lawmakers. Its latest target: judge-inviting law schools?

An association of law deans and the Judicial Conference of the United States, among others, are objecting to an amendment that Sen. Russell G. Feingold successfully attached late last month to a U.S. Senate bill that would significantly elevate the pay of federal judges."  [RJ]

Professional Reading: Tamanaha on What the Rule of Law Requires, What Liberalism Wants

Brian Tamanaha's (St. John's) The Dark Side of the Relationship between the Rule of Law and Liberalism is now available from SSRN. Here's the abstract:

Liberalism, democracy, and the rule of law are often thought to constitute a seamless unity, reflected in contemporary Western liberal democracies. That understanding, while not incorrect, does not tell the whole story. This article traces out a long historical pattern in which liberalism and the rule of law have combined to restrict the exercise of democracy. This pattern will be exposed by elaborating on four contexts: the shift in political theory from classical liberalism to modern social welfare liberalism; the shift from the common law to legislation as the primary source of law; resort to the rule of law by liberals from the eighteenth century to the present; and the contemporary implementation of neoliberal reforms in developing countries around the world. The article will argue that liberalism has enjoyed an opportunistic relationship with the rule of law, a relationship which has taken different forms over time, though repeatedly evincing an anti-democratic tendency on behalf of property rights.

This relationship is a source of skepticism about the rule of law, and harbors the potential to discredit the rule of law in the eyes of many around the world. This article lays out this "dark side" of their relationship in an effort to separate what the rule of law requires from what liberalism wants.

See also Tamanaha's A Concise Guide to the Rule of Law. [JH]

Opening: Reference Librarian, Ogletree Deakins, Greenville, SC

The national law firm of Ogletree Deakins is interviewing for a reference librarian position in its main office in beautiful Greenville, South Carolina.  The full listing and contact information can be viewed on the SEALL Job Postings webpage at  http://www.aallnet.org/chapter/seaall/jobs.htm.

Possible Bankruptcy Changes for the Referencers in the Audience

The Executive Office for U.S. Trustees recently published two proposed rules for public comment in the Federal Register. These proposed rules concern: 1) the procedures and criteria for the approval of credit counseling agencies; and 2) final reports filed by trustees in cases under chapters 7, 12 and 13. The procedures for submitting comments are described in the rules and the deadline for comments is April 1, 2008 for credit counseling and April 4, 2008 for the trustee final reports. The proposed rules and the final report forms may be viewed on the "Proposed Rulemaking" page of the Program's Internet site or on the Federal Register's web site. The citation for the credit counseling rule is 73 Fed. Reg. 6062-6073 (Feb. 1, 2008). The trustee final reports rule may be located at 73 Fed. Reg. 6447-6451 (Feb. 4, 2008). If you assist patrons in these areas please be aware of these possible changes. [BB]

Archiving Oral Arguments

A resource that I have personal experience with and seems to be spreading around the country in law libraries is archiving oral arguments. This resource that a few courts provided in the past is now being taken up by academic libraries with an eye towards preservation. The project related to this that I am intimately familiar with is the Mississippi Appellate Court Video Archive. The Mississippi Supreme Court in conjunction with Mississippi College School of Law has undertaken this project to provide a website for past and future oral arguments before the Mississippi Supreme Court and Court of Appeals for the general public.

This archive contains all of the recorded appellate arguments heard by the Mississippi Supreme Court and Court of Appeal dating back to January of 2004 and is currently updated at the end of every sitting. Each video entry also contains the party’s names, the attorney’s names, date of the oral argument, docket number, a link to the opinion after it is released, a synopsis of the opinion when available, a RSS feed that updates when new videos are added and for future videos the briefs filed in the appeal will also be provided. This archive is similar to those hosted by St. Mary's Law for the Texas arguments and Rutgers-Newark Law for the New Jersey arguments.

Archives such as these can be as teaching tools for law students to see both the good and the bad of appellate advocacy and perhaps more importantly can give a law school library a platform to connect with local attorney who can help a law library in many ways including donations.

If you know of other schools that are providing this service please leave a comment and let us know. Also, if anyone is interested in learning more detail about how my version of the project came together feel free to send me an email and I might can help if you are considering a similar project. [BB]

Recently Launched, Micro-blogging at law.librarians

law.librarians, an experiment in collabrative micro-blogging, was launched earlier this month. In Twitter fashion, posts are very brief, like this one. List of Contributors Great idea! [JH]

Earmarks, Analysis and Resources

Thanks to OpenCRS, the public now has access to the following recent CRS report:

Earmarks Executive Order: Legal Issues (February 13, 2008) by Thomas J. Nicola and T. J. Halstead, Legislative Attorneys. Here's the summary:

On January 29, 2008, President George W. Bush signed Executive Order 13,457, "Protecting American Taxpayers from Government Spending on Wasteful Earmarks." The order states that it is the policy of the federal government “to be judicious in the expenditure of taxpayer dollars.” In order "[t]o ensure the proper use of taxpayer funds," the order provides that the number and cost of earmarks should be reduced, that their origin and purposes should be transparent; and that they should be included in the text of bills voted upon by Congress and presented to the President. For appropriations laws and other legislation enacted after the date of the order, it directs executive agencies not to commit, obligate, or expend funds on the basis of earmarks included in any non-statutory source, including requests in reports of committees of Congress or other congressional documents or communications on behalf of Members of Congress, or any other non-statutory source, except when required by law or when an agency itself has determined that a project, program, grant, or other transaction has merit under statutory criteria or other merit-based decision-making.

In the context of the order, an "earmark" is defined as any

funds provided by Congress for projects, programs, or grants where the purported congressional direction (whether in statutory text, report language, or other communication) circumvents otherwise applicable merit-based or competitive allocation processes, or specifies the location or recipient, or otherwise curtails the ability of the executive branch to manage its statutory and constitutional responsibilities pertaining to the funds allocation process.

There is a long tradition of congressional inclusion of, and agency compliance with, spending directives that are delineated in committee report language or in joint explanatory statements issued by conference committees. If applied rigorously, the provisions of Executive Order 13,457 could significantly alter this traditional dynamic. Accordingly, this report provides an overview of the provisions of the order; addresses questions that have arisen regarding both the President’s authority to control executive branch activity in this context and the effect of non-statutory congressional spending directives; and considers and evaluates potential congressional responses to the executive order. The report will be updated as events warrant.

See also the following CRS Report, if you can locate a copy: The President's Authority to Issue an Executive Order Governing Executive Agency Responses to "Earmarks" Contained in Committee Reports (Dec. 18, 2007)

Our blog coverage of additional resources on earmarks:

• Investigate Earmarks with EarmarkWatch.org
• OMB Earmarks Database

[JH}

ICED, Video Game Puts You in the Shoes of an Immigrant Teen

ICED (I can end deportation) is a video game that puts you in the shoes of an immigrant to illustrate how unfair immigration laws deny due process and violate human rights.

Game players have to live the day-to-day life of an immigrant teen. The teens are being chased by immigration officers, while making moral/consequential decisions and answering myth & fact quizzes about current immigration policies. Players can earn civic points by doing good deeds in the community.

If the player chooses or answers incorrectly, he/she increases his or her chances of being thrown into detention. Once in detention, the player endures both physical separation from his/her family and unjust conditions while awaiting, often for unknown amounts of time, the random outcome of his/her case.

ICED was created by Breakthrough, a New York-based international human rights organization that uses education and popular culture to promote values of dignity, equality and justice. Here's some still images from the game. [JH]

NALP Adopts Timing Guidelines for Job Offers

NALP has amended its Principles and Standards for Law Placement and Recruitment Activities by adding Part V, General Standards for the Timing of Offers and Decisions. Part V is in effect for the 2008-2009 recruiting season on a provisional basis. In April 2009, the NALP membership will vote on continuation of these provisions.

From NALP's press release:

The final text of the new Part V Timing Guidelines was adopted largely as it was originally proposed, with two changes that were recommended by the membership and broadly supported during the comment period:

The first change is that the 45 day rolling offer provision now contains a countdown period to an end date of December 30. This change eliminates the otherwise stark difference that offers made on December 15 and December 16 would present.

The second change is that new sections B.2 and C.2 were added to include a specific provision that allows students to request an extension until April 1 for a single offer if they are actively pursuing positions with public interest or government organizations.

Check out TaxProf Blog for links to additional coverage. [JH]

CIA World Factbook 2008

The 2008 Factbook is now available from the CIA.    [RJ]

Opening: Electronic Services Librarian, UCDavis Mabie Law Library

The UCDavis Mabie Law Library seeks a candidate with requisite qualifications who demonstrates strong customer service skills and a collegial attitude that thrives in a teamwork environment.

Responsibilities: Reporting to the Associate Director, the position has the following responsibilities:

• Manages the library's electronic information resources, improving access to electronic resources, and providing technical support, including assistance with authentication, license agreements and payments. In conjunction with Public Services librarians, develops and offers training in accessing online resources, and assists with reference desk services as needed.
• Assists with setting up personal profiles for law faculty tailored to specific research and scholarship.
• Resolves access questions and problems with vendors.
• Maintains and makes accessible content files of electronic resources.
• Collects and reports appropriate user and system statistics and provides year-end reports.
• Assists department accounting unit as needed in maintaining subscription status, licensing information, and payments. Arranges trials of new resources.
• Oversees all technical aspects of the library's integrated library system, Innovative's Millennium system.  Performs upgrades, assists staff with setup or function issues, backups, printing, troubleshoots problems, adjusts load tables, and other technical
  requirements as needed. Coordinates server operations with the IT department.
• Oversees and resolves technical issues with the library's Interlibrary Loan system, VDX/OCLC.  Responsible for setup, interface with OCLC, reports, and statistics.
• Assists with updates and maintaining content and links on the Library's homepage and intranet.
• Coordinates computer services requirements, hardware and software purchases, and desktop support with the Law School Information Technology department.

Qualifications:  Masters degree in library science from an ALA-accredited  institution or its equivalent; JD preferred or experience with legal information resources; substantial experience with Innovative Interfaces Millennium system; knowledge of electronic legal information sources; ability to work effectively with a diverse population with many different levels of technical capability.

To Apply:  Email applications are encouraged.  Please send cover letter, resume and 3 references to:

Judy Janes, Acting Director
UCDavis Mabie Law Library
400 Mrak Hall Dr
Davis, CA  95616
jcjanes@ucdavis.edu

The University of California, Davis, is an affirmative action/equal opportunity employer with a strong institutional commitment to the development of a climate that supports equality of opportunity and respect for differences.

Cuba After Fidel Castro

CNN is reporting that Cuba's National Assembly has named Raul Castro, Fidel Castro's younger brother, as the country's president. What can be expected of the post-Fidel regime? Check out Julia E. Sweig's Fidel's Final Victory (Foreign Affairs, January/February 2007)

"The smooth transfer of power from Fidel Castro to his successors is exposing the willful ignorance and wishful thinking of U.S. policy toward Cuba. The post-Fidel transition is already well under way, and change in Cuba will come only gradually from here on out. With or without Fidel, renewed U.S. efforts to topple the revolutionary regime in Havana can do no good -- and have the potential to do considerable harm."

And two recent Council on Foreign Relations backgrounders:

• U.S.-Cuba Relations. "In February 2008, Fidel formally resigned his office, sixteen months after transferring many powers to his brother Raul due to illness. Despite some stirrings of U.S. economic interest in Cuba, experts don't expect a move toward normalization of U.S.-Cuba relations anytime soon."
• State Sponsors: Cuba "Does Cuba support terrorism? The U.S. government says yes, but many experts are skeptical."

[JH]