Law Librarian Blog

Debtors' Prison, 21st Century Style

The WSJ's Jessica Silver-Greenberg reports that "[m]ore than a third of all U.S. states allow borrowers who can't or won't pay to be jailed. Judges have signed off on more than 5,000 such warrants since the start of 2010 in nine counties with a total population of 13.6 million people, according to a tally by The Wall Street Journal of filings in those counties. Nationwide figures aren't known because many courts don't keep track of warrants by alleged offense. In interviews, 20 judges across the nation said the number of borrowers threatened with arrest in their courts has surged since the financial crisis began." For more see Welcome to Debtors' Prison, 2011 Edition. [JH]

Submission Deadline Extended for AALL's Morris L. Cohen Student Essay Competition to April 15th

The Legal History and Rare Books Section (LH&RB) of the American Association of Law Libraries, in cooperation with Cengage Learning, announces the third annual Morris L. Cohen Student Essay Competition.
 
The competition is named in honor of Morris L. Cohen, late Professor Emeritus of Law at Yale Law School. Professor Cohen was a leading scholar in the fields of legal research, rare books, and historical bibliography.
 
The purpose of the competition is to encourage scholarship in the areas of legal history, rare law books, and legal archives, and to acquaint students with the American Association of Law Libraries (AALL) and law librarianship.
 
Eligibility: Students currently enrolled in accredited graduate programs in library science, law, history, or related fields are eligible to enter the competition. Both full- and part-time students are eligible. Membership in AALL is not required.
 
Requirements: Essays may be on any topic related to legal history, rare law books, or legal archives. The entry form and instructions are available at the LH&RB website: http://www.aallnet.org/sis/lhrb/

Entries must be submitted by 11:59 p.m., April 15, 2011. 

Awards: The winner will receive a $500.00 prize from Cengage Learning and up to $1,000 for expenses associated with attendance at the AALL Annual Meeting. The runner-up will have the opportunity to publish the second-place essay in LH&RB’s online scholarly journal Unbound: An Annual Review of Legal History and Rare Books.
 
Please direct questions to Robert Mead at libram(at)nmcourts.gov or Sarah Yates at yates006(at)tc.umn.edu. {JH]

The Whiner Monologues: Law School Reactions to the 2011 US News Law School Rankings ("2012 edition")

ATL's Elis Mystal is providing coverage here:

Start Your Whining, Part 1: Schools Make Excuses for Their Poor U.S. News Rankings

Start Your Whining, Part 2: U.S. News Makes Law Schools Squirm All Across the Land

See also ATL's Open Thread: 2012 U.S. New Law School Rankings (1 – 6) (Over 100 comments)

Here's a thought. Just boycott US News by refusing to report any requested institutional data and refusing to submit peer assessment opinions. [JH]

Friday Fun: Search smarter, Search faster

An instructional aid: (1) one more chance to drum sound online search techniques into law students' heads before they fly away for the summer or (2) something law firm librarians can use when the summer clerks nest in their libraries. [JH]

Something to Think About as 2011's Sunshine Week Comes to a Close: How Statutes Are Used to Keep Government Information Exempt from FOIA Requests

ProPublica has created an interactive database that shows all of the Freedom of Information Act exemptions used in 2008-2009 and how they were used. See FOIA Eyes Only: How Buried Statutes Are Keeping Information Secret and ProPublica's database.

In Waiting for Freedom of Information: Some Progress, The Sunshine in Government Initiative provides an analysis which compares what 29 agencies reported in 2009 and 2008 and shows slow but significant improvements in the way agencies process FOIA requests. But (and quoting for from the article):

The data for 2009 should provide caution to optimists who hope that the White House efforts to push federal agencies towards greater transparency will yield quick results. It also shows a danger in reforming FOIA. The government scored some wins. Agencies made more full and partial releases overall. Federal entities also granted more disclosures when requesters appealed, but requesters had to wait longer for their appeals. Fixing the challenges the public faces when using FOIA cannot be zero-sum.

[JH]

Federal Records Management of Social Media Content

The goal of San Jose State LIS prof Patricia Franks' report, How Federal Agencies Can Effectively Manage Records Created Using New Social Media Tools, is to provide:

• An understanding of the unique properties, or characteristics, of records resulting from social media use and the challenges they present.
• A framework for understanding records management issues and the change in the fundamental nature of information brought about by Web 2.0 and social media.
• Recommendations for transforming the way records and records management programs and practices are conducted across the federal government.

Hat tip to beSpacific. [JH]

That Poor Dog!

Library Journal is reporting that YLL has come up with a new way to help stressed out law students chill out.  For a three day period, beginning on March 28th, students can check out Monty - a certified therapy dog - from the circulation desk for 30 minute periods.  I don't know if he is bar coded, but a quick search on Morris shows he is not cataloged.

YLL Director Blair Kaufmann stated in an official announcement:

"We hope that making a therapy dog available to our students will prove to be a positive addition to current services offered by the library. It is well documented that visits from therapy dogs have resulted in increased happiness, calmness, and overall emotional well-being."

Although Monty is a hypo-allergetic dog, therapy visits will be confined to a dedicated non-public space in the library.

If Yalies are as stressed as other law students are these days, I'm sure Monty will be earning his kibble. 

There has been no response from the Humane Society as far as I can tell. (VS)

The Freedom of Information Act: Ensuring Transparency and Accountability in the Digital Age

On Tuesday, March 15, the Senate Judiciary Committee held a hearing on The Freedom of Information Act: Ensuring Transparency and Accountability in the Digital Age. Follow the link for the hearing's webcast. Testimony was provided by:

Miriam Nisbet
Director, Office of Government Information Services (OGIS)
National Archives and Records Administration

Melanie Pustay
Director, Office of Information Policy
Department of Justice

Sarah Cohen
Sunshine In Government Initiative
Knight Professor of the Practice of Journalism and
Public Policy Sanford School of Public Policy, Duke University

John Podesta
President and Chief Executive
Center for American Progress

Thomas Fitton
President
Judicial Watch

See also Senate Judiciary Committee discusses FOIA improvements by the Reporters Committee for Freedom of the Press.

Hat tip to First Amendment Law Prof Blog. [JH]

Blog Addresses How to Acquire Access to Public Records

From the About Page for The Art of Access Blog:

We’ve categorized the posts into access tips and different kinds of useful public documents, sorted by beat. We hope that over time this will serve as a useful, searchable repository for record ideas and tips that will help you get story ideas and suggestions for acquiring records. We’ll also work to tag each post with the chapters it corresponds to in the book – so you can find what you need, when you need it.

On this Web site you’ll also find FOI resources for journalists and help for the classroom, including tips for integrating FOI into a news reporting course, teaching exercises and visual aids.

The blog is a companion to The Art of Access: Strategies for Accessing Public Records (CQ Press College, 2010) by David Cuillier and Charles Davis, chairman of the Society of Professional Journalists national Freedom of Information Committee, and executive director of the National Freedom of Information Coalition, former chairman of the Society of Professional Journalists national Freedom of Information Committee, respectively. From the blurb for their book:

The Art of Access is a how-to guide for putting the law into action and using ingenuity to pry records loose. Building on their own experience and interviews with more than 100 practitioners, FOI experts and longtime journalists David Cuillier and Charles Davis help you rethink the information-gathering process and develop a document state of mind. With Cuillier and Davis’s strategies, get ready to:

• overcome roadblocks and illegal denials;
• better understand government officials’ perspectives so you can more successfully work with them;
• find more and better online resources and mine them effectively; and
• write document-based stories that resonate with readers.

A “Pro Tips” feature showcases advice from some of the best in the business, from media lawyers and prominent journalists to a private investigator and other access experts. At the end of each chapter, a Try It! section offers exercises and story ideas that will empower you to start finding and using documents right away. Appendixes include a comprehensive list of online FOI resources as well as an annotated Record Album that guides you A–Z to records on everything from abandoned buildings and air quality to workplace safety and zoning.

Both blog and book are highly recommended. Remember, this is Sunshine Week. See also the Sunshine Week Blog.  [JH]

Debunking Myths for Banning Laptops from the Law School Classroom

In Let Them Use Laptops: Debunking the Assumptions Underlying the Debate Over Laptops in the Classroom [SSRN] (Oklahoma City University Law Review, forthcoming), Temple law prof Kristen E. Murray writes:

What has troubled me about the debate is that both sides consistently make arguments based on untested assumptions about how students are using their laptops. The debate has also been uninformed because it often fails to take account of existing knowledge about today’s law student learners; there has been little discussion of the issue in the context of the effect of laptops on student learning.

Armed with survey data and education research, Murray proceeds to debunk five untested assumptions that arise in the classroom laptop debate:

Myth #1: Students Use Laptops to Take Transcript-Style Notes

Myth #2: Laptops in Class Lead to Decreased Class Participation and Engagement

Myth #3: Laptops Primarily Provide Law Students with Opportunities for Distraction

Myth #4: Because They Are Digital Natives, Law Students Make Informed Choices About Laptops and Learning

Myth #5: Law Professors Have Developed Sufficient Standards for Measuring the Results of Law School Laptop Bans

Murray concludes that "to ban [laptops] completely from a lecture hall is to deny students a powerful learning tool—one that many students already use to enhance their learning."

Hat tip to Legal Writing Prof Blog. [JH]

On Turning 60

Not me but I'm not far behind.

Happy Birthday to LLB's co-editor, Mark Giangrande. Most law librarians who specialize in legal research are "toast" after about 10 years (ah, like me). But not Mark. Plus he teaches legal research at DePaul Law and for CLE courses, publishes substantive legal analysis in law review articles and writes for LLB; read in addition to his unsolicited posts, I frequently email the following: "Mark, You've got the expertise to write about this legal or IT matter, I don't, so FYI. -- Joe."

So, Happy Birthday, Mark And I think you will get a kick out of this: Turning 60, published by America: The National Catholic Weekly:

Were I a Hindu, it would be somewhat easier to rise to the occasion. Completing one’s 60th year — shasti-purti — is indeed an important event, the completion of a lifetime’s cycle of with accompanying rituals that mark the fullness of a life cycle. Life and health after 60 are then a grace, a gift.

Yet still, even among non-Indians, 60 marks a threshold of sorts. After 60, only in odd contexts is one still young — as in, “At 60, I am still safely in the younger half of American Jesuits." 60 is about getting old.

Old, us? Remember Chicago in the 80's, Miami in the mid-90's? Damn it all to hell, we are getting old! How did this happen??? {JH}

Happy Belated Birthday Justice Ginsburg

It was yesterday, her 78th.  March seems to be the month of birth for Supreme Court Justices.  [MG]

A Bit More on Data Caps

Quite coincidentally (or not), the subject of data caps came up briefly at a House Judiciary Committee hearing on Monday.  Daniel Castro, Senior Analyst for the Information Technology and Innovation Foundation (ITIF) spoke in favor of a stronger legislative response to online piracy.  Much of it focused on legislation that would give law enforcement the tools to combat illegal file sharing such as allowing the editing of DNS servers to eliminate references to know pirate sites, among others.  One of his suggestions concerned the use of data caps to discourage illegal downloading.  I assume he means that consumers would be discouraged from using the Internet to download content if they had to pay more for their data. 

I do not believe ISP data caps would have any significant effect on piracy.  AT&T's has stated that the company would charge $10 for an additional 50 GB after three occurrences of exceeding the monthly limit of 150 GB.  50 GB represents about 10 or more films, in compressed format, and a huge number of songs whether in lossless or mp3 format.  $10 for 50 GB of media sounds like a bargain.  AT&T is essentially taxing pirated content where the "tax" goes to itself rather than the RIAA, the MPAA, or the content creators.  AT&T is not discouraging piracy, merely taking advantage of it to earn a buck or two (billion).  It would take significantly stronger data limits and costs associated with other controls to discourage illegal file sharing, and that's not commercially viable.  Imagine telling middle eastern protesters they have to pay extra to coordinate their revolutions through Facebook.  This is hardly affected by caps in the United States, but the concept is there.  Or telling domestic political operatives that distributing their campaign videos are subject to a possible surcharge on some consumers.  Free but illegal movies and music or Sarah Palin.  What a choice.  Nice try, though. 

Ars Technica has a story on the testimony, and the hearing materials are here.  The Ars story is a bit over the top, but the point is well taken.  While we're on the subject on intellectual property controls, see this Ars Technica article on what amounts to the Son of the ACTA treaty.  The U.S. government didn't get the global intellectual property controls it wanted through ACTA.  Now comes Trans-Pacific Partnership (TPP) which has its own secret history, apparently, for the last four years.  [MG]

This is Sunshine Week: What Does WikiLeaks Mean to the Public Disclosure Process?

In a think piece written by Jennifer Lynch, an EFF staff attorney, the following question is asked is Sunshine Week: Do Open Government Laws Still Matter in the Era of WikiLeaks?:

With all of the information WikiLeaks has brought to light, many have asked what WikiLeaks means for national security and the way we protect (or can’t protect) information. But another question is what WikiLeaks means for those of us who work with open government laws every day – who try to work “within the system.”

Part of Lynch's answer (yes, this is a teaser for reading the entire post) is:

if you believe asymmetries of information are sometimes necessary (for example, in times of war, to keep information from our enemies) but that governments sometimes abuse those asymmetries, then you have to believe there needs to be room for whistleblowers and the FOIA process. Whistleblowers—individuals working within governments or private companies—can, by virtue of their position, bring evidence of waste and abuses to light that the general public would have no way of knowing about. But the FOIA process—because it's codified and because agencies know they will be required to release information under FOIA—keeps government honest and provides a way for anyone in the general public to ask for and obtain information on our government. Both of these are necessary, not just to increase transparency but to allow us to conduct the analysis and create the context necessary to ensure that the information brought to light actually makes a difference.

What do you think? For more about Sunshine Week, March 14-18, 2011,  go here. [JH]

eBook Lending Clubs Growing in Popularity with "Twerps"

In E-Book Lending Takes Off, the Wall Street Journal reports on the raising popularity of eBook lending clubs such as BookLending, Lendle and eBook Fling. BookLending, for example, has some 16,000 registered users, and have made a total of nearly 20,000 book loans so far. In his article, Stu Woo reports

The lending sites have drawbacks. One is limited selection. Most major book publishers haven't made their e-books lendable, and the books can be lent only once and for only 14 days. That means that with every successful loan, the sites' available library shrinks unless new users with books to lend join.

Some publishers, which are monitoring the sites closely, say they fear that making books available for loan may deter people from buying physical and digital books.

In Publishers Wary of E-Book Lending 'Twerps', Nicole Ferraro, Executive Editor of Internet Evolution adds:

The fear that people will share digital books and not buy them as much, or that publishers will lose money on digital content, is a somewhat reasonable one. But it's also proven to be counterproductive for other industries -- like the music industry -- where digital has taken over. That's an industry that has been rocked by piracy, and there's no reason to believe this will be different for book publishing.

A new report suggests that the only way to combat privacy is to adjust pricing. I would add that publishers need to be realistic about the age-old practice of book sharing, about the workings of a digital society, and about the fact that by making it difficult for people to buy and enjoy content, they only make it more likely that they'll find other unlawful and unprofitable ways to access it.

That might make those people "twerps," but as we've already learned, they're twerps with a very real ability to damage business.

Hat tip to Legal Research Plus for the Wall Street Journal cite. [JH]

Opening: Assistant Law Library Director, Penn State Law

Penn State Law seeks applications and nominations for a highly-motivated, imaginative and service-oriented leader to serve as its Law Library’s Assistant Director.  In this tenure-track position, the successful candidate will assist the Law Library’s senior administration in all aspects of library administration and planning and will be a leading member of the Library’s research support and teaching team.  Demonstrated experience serving a research intensive faculty is a must.  This position provides candidates with the opportunity to engage professionally with the latest technologies in one of the nation’s greatest public university library systems.  MLS and JD required from accredited institutions and a minimum of five years experience in academic law libraries required.  Salary will be commensurate with qualifications and experience.  For more information on this position, please view vacancy #33931 via this link: http://psu.jobs/Search/Opportunities.html.
 
To apply, send an application letter, current resume, and contact information for four professional references to: Jennifer Solbakken, Human Resources Manager at HR(at)dsl.psu.edu or Penn State Law, 106 Lewis Katz Building, University Park, PA  16802. 

Penn State is committed to affirmative action, equal opportunity and the diversity of its workforce, and we welcome applications from persons of color, women and other groups traditionally under-represented in the academic community.

LII India

The Legal Information Institute of India was officially launched on March 9th.  The web site, which is a variation of LIIs throughout the world, offers free access to primary and secondary law.  According to the web site, users will have updated access to the Law Commission Reports and India Acts.  It currently includes access to 28 state and regulatory databases, and 31 legislation databases.  It looks like it is adding case law; however, right now there are just a few cases listed chronologically on the main landing page. 

The site was actually open for view back in November.  The landing page indicates that there will be a few more "official" launches.  Right now, users will have better luck approaching research in this jurisdiction by using the WorldLII web site.  For example, WorldLII lists over 20 law journals from India while the new LII India is linking to only one journal: GNLU Journal of Law, Development and Policy.

Future launch dates are: March 23 and April 8.  Hopefully, more of the features available on WorldLII will migrate to the LII India site over the next few weeks. (VS)

John Palfrey - Library Journal Movers and Shaker 2011

Congratulations to Harvard's John Palfrey for being named one of Library Journal's Movers and Shakers for 2011.  Palfrey was identified as a "Change Agent"  and recognized for achievements such as his academic study of digital natives and creation of the Harvard Library Innovation Lab.  [SG]

Some Thoughts on Data Caps

AT&T announced yesterday that it would impose data caps on its home DSL subscribers.  Those who use its U-verse service would have a limit of 250 GB and those subscribers with simple DSL access would have a limit of 150 GB.  In a nod to customer care, AT&T stated it would charge  $10 per additional 50 GB only after three months of exceeding the cap.  The company intends to send out emails or other notifiers to customers informing them of their usage.  In contrast, Comcast has a cap of 250 GB, but also can deliver much higher connection speeds than DSL.  

It all sounds perfectly reasonable on its face.  After all, the company says, it will only affect about 2% of its subscriber base.  All right, what kind of usage would regularly fill up the tubes?  How about video and audio, and I'm not even thinking of the pirated kind.  The trend to moving to a streaming or cloud-based ecosystem will impact subscription costs in the long run.  Netflix is so convenient that it's being built into digital televisions and media players.  So much so that the business model likely drove Blockbuster into bankruptcy.  While it's not a great concern now, the more people rely on Netflix, YouTube, Hulu, and any other video on demand service, the more data they will consume, and the more charges they will rack up.  Oh, and did I mention that any competing video service from AT&T is exempt from the cap?  So, apparently, there is a consumer alternative when the same content is available from an AT&T source.

I'm not suggesting that anyone be outraged by this.  The recently enacted FCC rules on net neutrality do not explicitly forbid this development.  Data caps are content neutral, after all, and a network management device used to relieve system congestion, we're told.  But I wonder if the antitrust laws may spark an investigation or two.  Consider the noises the European Union is making over complaints that Google favors its own content over its competitors in search results.  Congress is getting involved as well with Senator Michael Lee (R-UT) calling for hearings on Google.  I would think that consumers would find it easier to abandon Google than it would be to ditch AT&T for another Internet service provider.  The choices are exactly what?  The cable alternative and wireless.  The latter is not a viable replacement for desktop service as the data caps imposed there from all providers are pretty severe for easy media consumption.

I don't know how this will all play out.  I see one company under fire for favoring its own, and another so far not so much.  Rep. Edward Markey is (predictably) critical, but he is part of the minority in the House, so don't expect much beyond talk.  Feel free to enjoy media, especially on the AT&T network.  It only adds to the bottom line.  Consumers, make your adjustments.  Marketers, start jumping on the bandwagon.  Welcome to the two tiered Internet they warned us about.    [MG]

The Ides of March for Law School Pecking Order Has Arrived

From top ranked Yale to 143rd ranked Campbell, Loyola-New Orleans and Univ. of New Hampshire, the "2012 edition" of US News Law School Rankings ("ranked in 2011") report is now available. Might be worth spending a couple of bucks to acquire web access to expanded data including LSAT scores, financial aid information, graduate salary and employment statistics a/k/a "U.S. News Law School Compass" because that will include this year's new supplement, Law Firm Rankings of 131 law schools. [JH]