Law Librarian Blog

You're on Cheaters Camera

In Cheating 2.0: New twists on a venerable temptation are confronted by law schools (National Law Journal) Leigh Jones reports how law students are taking cheating to the next level by using their cell phones, taking advantage of flaws in some computerized exam software apps by logging out of and then back into the exam software, et cetera.  Note the detection methods some law schools are using, like Florida Coastal's reliance on cameras in its facilities to catch cheaters during finals. For more, see Mitchell Rubinstein's posts on Adjunct Law Prof Blog: Cheating In Law Schools and Hi Tech Cheating. [JH]

PLI Scholarships Available for Law Librarians

Practising Law Institute is now offering scholarships to law librarians, among others, for PLI seminars and CLE.  Details are here.  [MG]

Law Librarians of the Caribbean

Did anyone know that the 24th annual meeting and seminar of the Caribbean Association of Law Libraries was taking place?  The meeting was addressed by Barbados Attorney-General Freundel Stuart.  His comments suggest that any image problem law librarians have is not limited to the United States.  For example:

“In other words, few librarians are into branding, and are happy merely to impart knowledge to others and to be thanked for a job well done. This is not enough, however, if the profession is to attract more young persons into its ranks. It must be seen as both dynamic and rewarding.”

There is more.  Read the rest in the Barbados Advocate here.  [MG]

Happy Birthday to the Barcode

Just wanted to pass along this New York Times article about the 35th birthday of barcodes. Many a law library uses bar codes to keep track of their collection so if you are like me and know those first 5 or 6 bar code numbers of your collection, ours is 3521700......, as you have typed them repeatedly this article could mean a little something to you. {BB}

Treasury Secretary Offers Fast Solution for Monetary Meltdown

Last month LLB alerted readers that they needed to turn in their toxic dollar bills to the Treasury Department for their own safety. The ruse didn't work. Now comes news that the Treasury Secretary has a new plan for solving the federal government's monetary meltdown -- trading U.S. gold reserves for cash through Cash4Gold.com. From the Onion. [JH]

US To Trade Gold Reserves For Cash Through Cash4Gold.com

E-Books: Understanding the Basics

Jane Lee, California Digital Library Assessment Analyst, covers e-book essentials in E-Books: Understanding the Basics. In her brief article, Lee observes that "the rise of e-books highlights the struggle to offer services that address the increasing demand for electronic resources while maintaining legacy collections. There will be questions and arguments about the future of books and the role that academic libraries must fulfill, but we must stay focused on the central question. Our materials and methods may change, but our mission remains the same. We exist to support scholarship – whatever form it takes." Hat tip to Digital Koans.

Mark Giangrande (DePaul) observes on Tech Law Prof Blog that the e-book market may open up some if Amazon moves away from linking its own content exclusively with its own reader. See Amazon May Open Up Kindle, e-Book Business To Other Formats. [JH]

CRS Report on the State Secrets Privilege and Other Limits on Litigation Involving Classified Information

From The State Secrets Privilege and Other Limits on Litigation Involving Classified Information (May 28, 2009):

The state secrets privilege is a judicially created evidentiary privilege that allows the government to resist court-ordered disclosure of information during litigation, if there is a reasonable danger that such disclosure would harm the national security of the United States. The Supreme Court first described the modern analytical framework of the state secrets privilege in the 1953 case of United States v. Reynolds. In its opinion, the Court laid out a two-step procedure to be used when evaluating a claim of privilege to protect state secrets. First, there must be a formal claim of privilege, lodged by the head of the department which has control over the matter, after actual personal consideration by that officer. Second, a court must independently determine whether the circumstances are appropriate for the claim of privilege, and yet do so without forcing a disclosure of the very thing the privilege is designed to protect. If the privilege is appropriately invoked, it is absolute and the disclosure of the underlying information cannot be compelled by the court.

The Classified Information Procedures Act (CIPA) provides pretrial procedures that permit a trial judge to rule on questions of admissibility involving classified information before introduction of the evidence in open court. The use of classified evidence may also implicate criminal defendants rights to exculpatory information and witnesses statements held by the prosecution, or their right to confront witnesses under the Sixth Amendment.

Congressional action may affect the operation or coverage of the state secrets privilege. In 2008, a federal district court held that the Foreign Intelligence Surveillance Act supplanted the state secrets privilege with respect to civil claims of unlawful electronic surveillance. In the 111th Congress, House and Senate versions of bills entitled the State Secrets Protection Act, H.R. 984 and S. 417, have been introduced to codify the privilege. The bills would additionally limit the privilege to cases where significant harm to national security was presented, require judicial review of the actual information claimed to be privileged, and require the Attorney General to report to Congress within 30 days of any invocation of the state secrets privilege.

[JH]

Supreme Court Action Today

We're still waiting for Ricci to come out.  With that, here are today's opinions.

Horne, Superintendent, Arizona Public Instruction v. Flores et al. (08-289).  The Respondents in the case were plaintiffs in an action that alleged inadequate funding for English Language Learners, as required to achieve broader goals under the Equal Educational Opportunity Act (EEOA).  The District Court issued a series of orders and decrees over years of judicial oversight first in the Nogales Unified School District, and later extended them to cover the entire state of Arizona.  The legislature passed a finding bill that would incrementally increase the funding.  Various officials, as a result, moved the District Court to rescind its orders based on the bill, and in the alternative to grant relief under Federal Rule of Civil Procedure 60(b)(5).  That rule allows for relief when a judgment is no longer equitable, among other reasons.  The Court of Appeals reversed and ordered a hearing under Rule 60(b)(5).  The District Court ruled that the bill still did not create adequate funding and denied relief.  The Court held, after deciding some standing issues, held that the lower courts did not conduct the proper analysis.  The narrow focus of the English Language Learner funding was one element of achieving the goals of the EEOA.  Arizona moved to a program of structured English immersion which by measure was more effective than bilingual education.  Moreover, Congress passed the No Child Left Behind Act which represents changed federal education policy.  Because the EEOA does not focus on funding but goals, the petitioners can press for relief under an expanded analysis.  There was also question as to whether there was enough of a basis to extend the order state wide.

Atlantic Sounding Co., Inc. v. Townsend (08-214).  Townsend was injured while working on a tugboat owned by petitioner Atlantic Sound Co.  He sued under the Jones Act alleging, among other issues, the arbitrary and willful failure to provide maintenance and cure.  He also sought punitive damages.  The District Court would not dismiss the punitive damages claim and the Circuit Court affirmed on interlocutory appeal.  The Court held that neither the Jones Act or precedent of the Court precluded a longstanding remedy under general maritime law.  Punitive damages are available.

Melendez-Diaz v. Massachusetts (07-591).  Massachusetts introduced certificates of state laboratory analysts stating that material seized by police and connected to petitioner was cocaine of a certain quantity.  Massachusetts required the certificates to be sworn before a notary public before introduced into evidence.  Petitioner objected, stating that the analysts were required to testify in person.  The trial court admitted the certificates into evidence and the the Massachusetts Appeals Court affirmed.  The Supreme Court reversed holding that the petitioner's Sixth Amendment right to confront a witness against him was violated.

Safford Unified School District #1 et al. v. Redding (08-479).  This is one of the big cases from this term, and one that is getting the most news coverage.  The issues are whether a student strip search of a 13 year old girl violated her Fourth Amendment rights, and whether individuals from the School District are immune from suit.  Assistant Principal Wilson showed Savana Redding a day planner containing knives and other contraband.  Redding said the planner was hers, but she lent it to her friend Marissa.  He also showed her four pills, three of which were prescription strength.  All were banned under school rules.  Redding denied knowledge of these.  Wilson and another administrator searched Redding's backpack and found nothing.  The assistant took Redding to the school nurse who had Redding remove her outer clothing and then to pull on the elastic of her underwear, exposing her to some degree.  No pills were found.  Redding's mother sued the School District for Fourth Amendment violations.  The District Court granted summary judgment on a qualified immunity defense, finding no Fourth Amendment violation.  The Court of Appeals reversed, holding that the strip search of the child was unjustified by school officials under existing Supreme Court precedent.  The Court of Appeals reversed the summary judgment for Wilson, but affirmed it as to the assistant and the nurse as they were not independent decisionmakers.  The Supreme Court held that the search of Redding's underwear violated the Fourth Amendment.  Wilson may have had enough suspicion to search Redding, but because the drugs in question did not indicate a danger to students, searching her underwear went too far.  The individual defendants had qualified immunity, but the School District's liability should be examined on remand.  A news analysis appears in the Washington Post, among other places. [MG]

Shifts in the Legal Market Place

Two postings in the blogosphere this week targeting how we might see certain segments of the legal market emerge from the economic downturn.  In his post Welcome to the Future: Time for Law School 4.0, Am Law Daily blogger Paul Lippe addresses the current state of legal education.  Lippe provides a brief history of the Langdell model of case method teaching and outlines its failure to prepare young lawyers to effectively contribute to their future employers’ bottom line.  Some of his recommendations for change include more practice orientation in teaching, better use of technology and an accelerated curriculum where the last year is spent in an externship, among others.  Many of the problems and resolutions echo the 2007 Educating Lawyers for the Legal Profession (Carnegie Report)

Even before the Carnegie Report was issued, forward thinking educators at Harvard announced a change in their first year curriculum (see their press release) that incorporated complex problem solving methods and included courses normally designated as electives, such as international or administrative law.  Since the Carnegie report, there has been a lot of talk of reform (see for example, the upcoming one-day summer conference on curriculum reform to be held at the John Marshall School of Law in Chicago on Wednesday, July 29, 2009, as reported here) but not as much action as many would hope for.  Only one other school has changed its curriculum drastically by completely revamping the third year of law school. It is interesting that law schools readily accepted Harvard’s “old” model of law school, but are less willing to clone the new Harvard – or Washington and Lee model - now.  However, the private sector might have more of an impact than Harvard.

Above the Law blogger Elie Mystel highlights one firm’s approach to addressing recent graduates poor lawyering skills. At the Washington D.C. based law firm of Howrey LLP, they are introducing a three tier (as in three year) program that builds lawyering skills for associates.  The catch for the lawyers is that their salary will reflect their return to semi-student status – though they will still be pulling down a decent wage.  According to layoff tracker, Howrey laid off 25 staff members and 10 associates prior to adopting this change.  Removing their “students” from the high end billable hour will save the firm money and will produce lawyers capable of handling complex client matters successfully.  As Mystel points out, Howrey is hardly the only firm seeking to maximize their returns.  Private firms simply cannot justify the salaries for new associates who are not properly schooled in practical lawyering and communication skills. 

Where do librarians fit into this equation?   I expect that at law firms, the reference librarians will need to pick up some of the research work that was previously farmed out to associates.  I would imagine that they will also be involved in getting in teaching good research habits when they arrive at the firms.  Of course, this education should start in the academic law library, a skill that is normally given short shrift in the legal academy.  Which all points back to curriculum reform. (VS)

Delegation of Work Assignments by Lawyers to Nonlawyers in Law Firms

In Shadow Lawyering: Nonlawyer Practice within Law Firms, [NELLCO] Paul R Tremblay (Boston College Law School) articulates a framework for assessing choices lawyers make when they delegate some tasks to nonlawyer colleagues. The framework relies on insights about lawyering judgment and risk assessment, client informed consent, and unauthorized practice of law prophylaxis. From the abstract:

Any delegation of work by a lawyer to a nonlawyer involves an exercise of the lawyer’s judgment about an appropriate balance of risk and efficiency, along with an eye toward the client’s informed choice about how to achieve the goals of the representation most efficiently. The prevailing unauthorized practice of law dogma prevents a client from seeking the most economical representation by only retaining a nonlawyer, but that dogma trusts lawyers to protect a client’s interests. With those considerations in place, this Article shows that the profession cannot, and in fact does not, deny the lawyer any categorical options in making delegation choices, except for those involving public court appearances. Aside from sending a nonlawyer to court, a lawyer may responsibly delegate any of her lawyering activities to a nonlawyer associate, subject to the prevailing conceptions of competent representation and subject to the lawyer’s retaining ultimate responsibility for the resulting work product and performance.

Some commentary and some court opinions suggest a different answer to the questions addressed here, but those authorities do not withstand careful analysis. This Article shows that a more careful reading of the commentary and the court dicta supports the framework and the thesis offered here. Nonlawyers may not independently engage in activity which equates to the practice of law, if by “independently” we mean without supervision and oversight from a lawyer. That important and uncontroversial limitation, however, is the only categorical restriction on a lawyer’s discretion. A supervised nonlawyer may play a much more active and important role in a lawyer’s overall representation of her client than many have claimed. For the client, that is a very good result.

Required reading for newbie law firm librarians and paralegals and, maybe, young associates. [JH]

Using Custom Search Engines

Check out law librarian and blogger John J. DiGilio's new LLRX article, Bridging the DiGital Divide: Custom Search Engines Put You in Control. [JH]

Rounding Up Some State Law Practitioner Blogs

Alabama Injury Attorney Blog
http://www.alabamainjuryattorneyblog.com
http://www.alabamainjuryattorneyblog.com/index.xml
Reviews injury law cases, news and reports in Alabama. Published by Martinson & Beason, PC.

Arizona Construction Accident Lawyer Blog
http://www.arizonaconstructionaccidentlawyerblog.com
http://www.arizonaconstructionaccidentlawyerblog.com/index.xml
Provides opinion on construction accident news, cases and matters in Arizona. Published by the Breyer Law Offices, PC.

California Elder Law Attorney Blog
http://www.californiaelderlawattorneyblog.com
http://www.californiaelderlawattorneyblog.com/index.xml
Discusses elder law news, reports and opinions in California. Published by Premier Legal.

Los Angeles Personal Injury Lawyer Blog
http://www.losangelespersonalinjurylawyerblog.com
http://www.losangelespersonalinjurylawyerblog.com/index.xml
Provides insight on personal injury news, cases and legislation in California. Published by Bruce Abel Law Offices.

Products Liability and Injury Lawyer Blog
http://www.productsliabilityinjurylawyer.com
http://www.productsliabilityinjurylawyer.com/index.xml
Examines personal injury news, cases and reports in California. Published by Robinson, Calcagnie & Robinson, Inc

Sacramento Medical Malpractice Lawyer Blog
http://www.sacramentomedicalmalpracticelawyerblog.com
http://www.sacramentomedicalmalpracticelawyerblog.com/index.xml
Analyzes medical malpractice cases, news and opinions in California. Published by Moseley Collins.

Sacramento Personal Injury Lawyer Blog
http://www.sacramentopersonalinjurylawyerblog.com
http://www.sacramentopersonalinjurylawyerblog.com/index.xml
Examines personal injury news, cases and opinions in California. Published by Moseley Collins.

Colorado Springs Criminal Lawyer Blog
http://www.coloradospringscriminallawyerblog.com
http://www.coloradospringscriminallawyerblog.com/index.xml
Covers criminal defense news, reports and matters in Colorado. Published by the Gasper Law Group.

Fort Lauderdale Divorce Lawyer Blog
http://www.fortlauderdaledivorcelawyerblog.com
http://www.fortlauderdaledivorcelawyerblog.com/index.xml
Reports on divorce law news, reports and opinions in Florida. Published by Sandy T. Fox, PA

Lakeland Florida Injury Lawyer Blog
http://www.lakelandfloridainjurylawyer.com
http://www.lakelandfloridainjurylawyer.com/index.xml
Covers personal injury news, cases and reports in Florida. Published by the Rivas Law Group.

Pinellas County Florida Criminal Lawyer Blog
http://www.pinellascountyfloridacriminallawyerblog.com
http://www.pinellascountyfloridacriminallawyerblog.com/index.xml
Provides insight on criminal law cases, reports and opinions in Florida. Published by Pawuk & Pawuk.

Chicago Injury Lawyers Blog
http://www.chicagoinjurylawyersblog.com
http://www.chicagoinjurylawyersblog.com/index.xml
Examines injury law news, cases and reports in Illinois. Published by the Shea Law Group.

Indiana Social Security Disability Lawyer Blog
http://www.indianasocialsecuritydisabilitylawyer.com
http://www.indianasocialsecuritydisabilitylawyer.com/index.xml
Reviews social security disability news, opinions and reports in Indiana. Published by Scott Lewis of Lewis, Lewis & Martinez.

Kentucky Injury Lawyer Blog
http://www.kentuckyinjurylawyerblog.com
http://www.kentuckyinjurylawyerblog.com/index.xml
Reports on personal injury cases, reports and opinions in Kentucky. Published by Bahe, Cook, Cantley & Jones, PLC.

New York Social Security Disability Lawyer Blog
http://www.newyorksocialsecuritydisabilitylawyerblog.com
http://www.newyorksocialsecuritydisabilitylawyerblog.com/index.xml
Discusses social security disability news, reports and legislation in New York. Published by Insler & Hermann, LLP.

Pennsylvania Injury Lawyer Blog
http://www.pennsylvania-injury-lawyer-blog.com
http://www.pennsylvania-injury-lawyer-blog.com/index.xml
Discusses injury law news, cases and reports in Pennsylvania. Published by Anapol Schwartz.

[JH]

Europe Issues New Privacy Rules for Social Networks

The European Union has issued guidelines for how social social networks protect the privacy of their members.  European data collection is governed under the Article 29 Data Working Party.  European privacy rules tend to be stricter than those in the United States.  Google, Microsoft, and Yahoo, among others, had to adjust the retention period for their user search data as a consequence of the policy.  At one point it became a race between the three search giants to see who could process and anonymize data the quickest within the least amount of time.  The selling point is not just to comply with regulations but to promote strong privacy practices to their customers.  Yahoo turned out to be the winner with a three month retention period, though that did not translate into an uptick in their search market share.

Social network information is different from search log data.  Searches may or may not have names associated with them.  They may ultimately be linked with an individual user as the AOL data breach from a few years back showed.  Social networks encourage those with IDs and passwords to open up about themselves as a way of sharing and making friends, which is obviously the basis of the business.  But it is still a business where all kinds of information can be gleaned about individuals with the express purpose of marketing to them.  Facebook and the others have to pay the bills somehow, and that's the method.  The problem is not one simply addressed in Europe by these guidelines.  Facebook tried to institute an advertising program that monitored member shopping habits whether or not the member was logged into Facebook.  Purchase information was sent to friends in some circumstances.  That met with fierce resistance by the user base and Facebook rescinded the program.  Then there was the change of service terms, later reversed, that seemed to imply that member data belonged to Facebook, even after an account was deleted.  Others noted that various social networks kept pictures and other user information even after it was deleted by the member who posted it.  Data is the lifeblood of these networks.  It's the most important thing a person could provide to a social network in return for the services they provide.

The summary highlights of the European Union guidelines quoted from the report are:

Obligations of SNS

• SNS should inform users of their identity, and provide comprehensive and clear information about the purposes and different ways in which they intend to process personal data.

• SNS should offer privacy-friendly default settings.

• SNS should provide information and adequate warning to users about privacy risks when they upload data onto the SNS.

• Users should be advised by SNS that pictures or information about other individuals, should only be uploaded with the individual’s consent.

• At a minimum, the homepage of SNS should contain a link to a complaint facility, covering data protection issues, for both members and non-members.

• Marketing activity must comply with the rules laid down in the Data Protection and ePrivacy Directives.

• SNS must set maximum periods to retain data on inactive users. Abandoned accounts must be deleted.

• With regard to minors, SNS should take appropriate action to limit the risks.

The guidelines will apply to any social network available in Europe irrespective of where that network is headquartered.  More on this from Mashable, the Social Media Guide, and the Wall Street Journal.  [MG]

Ezra Rosser: A normal human being trapped in a law faculty body

In On Becoming "Professor": A Semi-Serious Look in the Mirror, 36 Fl. St. Univ. L. Rev. 215 (2009), [SSRN], Ezra Rosser, WCL Assistant Professor of Law and co-editor of Poverty Law Prof Blog, promises to "say something about legal academia" and delivers on that promise. Edgy by law review standards, Ezra's 14 page parody article is a delight to read. Don't forget to check the footnotes. My favorite is footnote 41. [JH]

2.0 Challenge Assistance

I am one of the librarians assisting in preparing the materials for the AALL CS-SIS 2.0 Challenge this year (blogged here on Law Librarian Blog) and ask that if you use Flickr in your Law Library that you leave a note in the comments .  I already know of a few law libraries that participate such as the LOC, the Minnesota State Law Library, the William and Mary Law Library and the Mississippi College Law Library but I would prefer to provide as many examples as possible of what others in our community are doing.

I would also put in a pitch for the 2.0 Challenge as I was a student in the process last year and came away with a new knowledge and some tools I brought to our library as a result. Thank you for your assistance with this and look for a more comprehensive list of site to follow later in the summer. {BB}

Help Save Ohio Public Libraries from Governor's Draconian Budget Cutback Proposal -- 50% Reduction in State Funding

Governor Ted Strickland has proposed what amounts to a 50% reduction in state funding for Ohio's public libraries. His June 19 proposal would cut a total of $227.3 million over the next two years from the state’s Public Library Fund.

From the American Libraries report:

Lynda Murray, director of government and legal services for the Ohio Library Council, told American Libraries that the proposal would cut the Public Library Fund by 30%, or $100 million per year, in FY2010–11. However, since library coffers already shrank by 20% in FY2009 due to a drop in tax revenue, of which libraries get 2.2%, the cumulative effect of enacting Strickland’s budget would be the halving of library support for some 70% of the 251 public libraries that are funded solely by the state according to a June 20 statement issued by OLC.

...

About 30% of Ohio's public libraries have local property tax levies that supplement the state's funding. However, with the Governor's proposed drastic cuts in the state funding for libraries, even those libraries will face decisions regarding substantial reductions in hours of operation, materials, and staffing.

State lawmakers need to know that library users are turning to their public libraries for free high speed Internet access, help with employment searches, and that people of all ages are turning to the library as a lifeline during these difficult economic times before June 30th when the Ohio General Assembly must finalize the FY2010-11 state budget.

Detail on the Ohio Library Council's Save Ohio Libraries! page. You can express your support for public libraries on the Save Ohio Libraries Facebook page and by contacting Governor Ted Strickland here and on Strickland's Facebook page. See also The Ohio Libraries Case post on the LISNews blog.[JH]

Online Privacy: Problematic Data Handling Practices and Consumer Expectations

Online privacy and behavioral profiling are of growing concern among both consumers and government officials. In KnowPrivacy, Joshua Gomez, Travis Pinnick, and Ashkan Soltani, UC Berkeley, School of Information, examine both the data handling practices of popular websites and the concerns of consumers in an effort to identify problematic practices. From the report:

The data for this report were pulled from six domains, three regarding actual website practices and three regarding user expectations. We analyzed the policies of the 50 most visited websites to better understand disclosures about the types of data collected about users, how that information is used, and with whom it is shared. We also looked at specific practices such as sharing information with affiliates and third-party tracking. To understand user concerns and knowledge of data collection we looked at surveys and polls conducted by previous privacy researchers. We looked at records of complaints and inquiries filed with privacy watchdog organizations such as the Privacy Rights Clearinghouse (PRC), The California Office of Privacy Protection (COPP), and TRUSTe. Through several Freedom of Information Act requests, we also received records of complaints directly from the Federal Trade Commission (FTC). Finally, to gain some insight into what aspects of data collection users are being made aware of, we looked at news articles from three major newspapers for topics related to Internet privacy.

The authors conclude by offering potential solutions to realign privacy practices with consumers‘ expectations. Hat tip to beSpacific. [JH]

Staring at Glowing Rectangles

A new report published this week by researchers at Stanford University suggests that Americans spend the vast majority of each day staring at, interacting with, and deriving satisfaction from glowing rectangles. Details at 90% Of Waking Hours Spent Staring At Glowing Rectangles.

Meanwhile (but related) the latest findings of the Pew Research Center’s Internet & American Life Project mark a departure from the stagnation in home high-speed adoption rates that had prevailed from December, 2007 through December, 2008. During that period, Project surveys found that home broadband penetration remained in a narrow range between 54% and 57%. An April 2009 survey, Home Broadband Adoption 2009, shows 63% of adult Americans now have broadband internet connections at home. The growth in home broadband adoption occurred even though survey respondents reported paying more for broadband compared to May 2008. Last year, the average monthly bill for broadband internet service at home was $34.50, a figure that stands at $39.00 in April 2009. [JH]

New Law Titles from Yale UP

A Right to Discriminate? How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association
By Andrew Koppelman and Tobias Barrington Wolff

From the blurb: The book demonstrates that the “right” to discriminate has a long and unpleasant history. Andrew Koppelman and Tobias Wolff bring together legal history, constitutional theory, and political philosophy to analyze how the law ought to deal with discriminatory private organizations.

Law and the Contradictions of the Disability Rights Movement
By Samuel R. Bagenstos

From the blurb: In this timely book, Samuel R. Bagenstos examines the history of the [disability rights] movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.

We Shall Overcome: A History of Civil Rights and the Law
By Alexander Tsesis

From the blurb: Viewing the evolution of civil rights through the lens of legal history, Tsesis considers laws that have restricted civil rights (such as Jim Crow regulations and prohibitions against intermarriage) and laws that have expanded rights (including antisegregation legislation and other legal advances of the civil rights era). He focuses particular attention on the African American fight for civil rights but also discusses the struggles of women, gays and lesbians, Japanese Americans, Latinos, Native Americans, and Jews. He concludes by assessing the current state of civil rights in the United States and exploring likely future expansions of civil rights.

The Yale Biographical Dictionary of American Law
Edited by Roger K. Newman

From the blurb: The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law.

An Insider's Guide to the UN, 2d ed.
By Linda Fasulo

From the blurb: This completely revised edition of Linda Fasulo’s popular guide to the United Nations surveys the world body’s programs and activities, and covers key issues including human rights, climate change, counterterrorism, nuclear proliferation, peacekeeping, and UN reform.  It also offers guidelines for setting up a Model UN.

[JH]

Supreme Court Action Yesterday

I had hoped to get this post out yesterday.  We've been dealing with some, cough, cough, business here at DePaul that is an unfortunate distraction, even at my level of employment.  Nonetheless, we are getting close to the end of the current Supreme Court term and the cases released yesterday are among the more significant opinions from the Court.  We, of course, still await the Ricci decision which will reflect in one form or another on nominee Sonia Sotomayor.  With that, here are the three opinions from yesterday:

Coeur Alaska, Inc. v. Southeast Alaska Conservation Council(07-984).  Coeur Alaska received permits from the Army Corps of Engineers (CWA §404) and the EPA(CWA §402) to release slurry into a lake and then to release purified water into a downstream creek as waste material in a gold mine operation.  Slurry is considered a pollutant.  SEACC sued the Corps for not following the Clean Water Act in issuing the permit, arguing that Coeur Alaska should have applied for a permit from the EPA which has more stringent rules for dumping pollutants from mining operations.  The Court held that the Corps have the authority to issue the permit.  More on this from the New York Times report on the case. 

Northwest Austin Municipal District Number One v. Holder, Attorney General, et al.(08-322).  Plaintiff is a utility district in Texas that sued the federal government for relief under the Voting Rights Act for a bailout of provisions under §4 of the Act.  §5 required preclearance before it can make changes to its election procedures even though there is no evidence of voter discrimination. The District argued that it was a political subdivision under the Act.  In the alternative, it argued that the Voting Rights Act was unconstitutional.  The Court used the doctrine of constitutional avoidance to decide the narrow issue under §4 rather than reaching the constitutional issue.  Here is the Washington Post story on the issue.  Another good commentary is at fivethirtyeight.com.

Forest Grove School District v. T.A.(08-305).  Respondent was diagnosed with learning disabilities.  His parents removed him from public school and placed him in a private academy.  They requested reimbursement under the Individuals with Disabilities Education Act (IDEA) for reimbursement.  The act requires a free appropriate public education.  The School District denied the reimbursement.  A hearing officer then ordered the reimbursement.  The District Court set aside the hearing officer order, and the Circuit Court reversed the District Court.  The Supreme Court held that IDEA authorizes reimbursement for private special education when the public school fails to provide  a free appropriate public education whether or not the child previously received services through the public schools.  The courts have the power under the statute to order reimbursement.  An account of the case is in the Los Angeles Times.  [MG]