Articles Posted in David Badertscher

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A Report of the New York State Inspector General, Joseph Fisch, released on May 13, 2009 concluded that Herbert Titelbaum Executive Director of the New York State Council on Public Integrity and a close friend exchanged at least 165 phone calls and held regular dinners over a five month period in 2007, during which Mr. Titelbaum disclosed the progress and details of the inquiry conducted by the panel, the Commission on Public Integrity, into the handling by former governor Spitzer’s administration of the travel records of longtime Senate majority leader Joseph L. Bruno. Since the Report was released there have been calls for the resignation of Mr. Titelbaum

Below are links to two news articles which discuss the Report and its implications, followed by links to the Executive Summary and Findings of the Report, ending with a link to the complete Report itself:

New York Times Article May 13, 2009 “Paterson Asks Ethics Panel to Quit by Danny Hakim.

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While most agree that forensic science is a critical element of the criminal justice system, there are increasing expressions of concern as to whether it is becoming fragmanted, less reliable, and urgently needs an infusion of financial and research support in order to remain viable.

These and related concerns have been discussed in a variety of books, journals as well as the web media. Of particular interest to many is the National Academy of Sciences Report on Forensics which addresses directly many of the points mentioned above. While I cannot link directly to that Report here I can link to the National Academy of Sciences (NAS) catalog where you can purchase a copy: http://www.nap.edu/catalog.php?record_id=12589 . There may be a free summary available at that site. The NAS Report is also discussed in some depth in an American Judicature Society Editorial at http://www.ajs.org/ajs/ajs_editorial-template.asp?content_id=797 Also recommended is the Comments on the Release of the NAS Report on Forensic Sciences by the American Society of Crime Laboratory Directors (ASCLD).

Recognizing the growing concern and importane of viable forensics, the New York Times has devoted most of the Science Section of its May 12, 2009 issue to what it calls the “New Forensics”. This issue contains a wide selection of articles addressing various aspects of forensic science as related to criminal justice. Links to a few are included in the listings below:”

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Amazon has now released Kindle DX, a larger, more versatile veriion of its wireless Kindle ebook device. The new DX version has a larger display and a screen which rotates from portrait to landscape to view Web pages and spreadsheets, etc.

Kindle DX and other wireless ebook reading devices certainly do not portend the end of the tradional book as we know it; they are simply useful, but additional, methods of conveying information to readers.

Here are some of the features of the Kindle DX as listed by Amazon:

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According to C.G. Lynch’s provocative artice in the CIO Insider Newsletter,Twitter’s growing popularity is exposing a considerable “fraility” of writing among those tweet. He observes that Twitter’s 140 character message format demands concise, engaging writing “and that’s a skill that a lot of people don’t have. To read more of Mr. Lynch’s practical, expert advice click here.

As for where to write, sometimes it seems as though tweeting or twittering is almost universal. Amy Hale-Jenke, Head of Reference at the 5th Circuit Court of Appeals has found many fellow twittering, or tweeting, law librarians by going to the Twitter Yellow Pages. To “meet” all types of legal professionals, including law librarians who like to tweet, you can also go to Justia’s Legal Birds, a “Twitter Community.” Perhaps all of this gives the quotation, “birds of a feather flock together” a special meaning. Thinking of all this one wonders if tweets are becoming sort of information age variations of haiku that are being spread around the web.

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Library of Congress Report: Information Technology Strategic Planning: A Well Developed Framework is Essential to Support the Library’s Current and Future Information Technology (IT) Needs

The Library of Congress Office of the Inspector General.

Library-Wide

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As you undoubtedly have heard, a new strain of influenza called Swine Flu or Swine Influenza apparently started about a month ago in Mexico. It has now spread, first to at least a few states in the United States and now may be spreading world wide.

Art Bernardino who provides consulting services in pandamic planning suggests seven things people can do to lessen infection and protect themselves and others:

1. Wash hands frequently using soap and water or waterless hand sanitizers

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In response to litigation brought by the American Civil Liberties Union (ACLU), the Obama administration authorized the Justice Department to release four secret legal memoranda used by the Bush administration to justify torture. The memoranda were releasd on April 16, 2009. President Obama also issued a statement, emphasizing that “this is a time of reflection, not retribution”.

Ali Soufan, a former FBI agent who was involved in the interrogations being discussed and who questioned Abu Zubaydah in 2002 has written an important Op Ed article, “My Tortured Decision”, which is published in the April 23, 2009 New York Times. In his article Mr. Soufan says trhat Abu Zubaydah provided important intelligence under traditional methods. He writes: “…I questioned him [Zubaydah] from March to June 2002, before the harsh techniques were introduced late in August. Under traditional interrogation methods, he provided us with important actionable intelligence”. Mr. Soufan also writes that he believes that it was the “right decision” to release the memos because “we need the truth to come out” and that releaseing these memos “enables us to begin the tricky business of finally bringing these terrorists to justice”.

Since the events being discussed transpired during the administration of George W. Bush, we thought it might be interesting and instructive to also provide a link to: Reigning in the Imperial Presidency, Lessons and Recommendations Relating to the Presidency of George W. Bush.; a report prepared by the majority staff of the U.S. House Judiciary Committee.

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On March 30, 2009 we posted information on this blawg about the historic agreement reached by New York lawmakers regarding reform of the Rockefeller drug law. Since that time there has been significant activity related to his effort including the signing of Chapter 56 of 2009 by the Governor on April 7, 2009. Although Chapter 56 is considered as primarily related to budget matters it contains significant material related to the Rockefeller Law reform initiatives.

For your information this posting includes links to those parts of the aforementioned legislation which appear to be relevant to the Rockefeller Drug Law reform issue. The links are to items I have posted on the New York Supreme Court Criminal Term Library Blog:

http://www.bloglines.com/blog/PLL?id=12751 for Part AAA of Chapter 56 of 2009.

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In his memorandum of March 19, 2009 to heads of executive departments and agencies, Attorney General Holder rescinds former U.S. Attorney General John Ashcroft’s October 12, 2001 memorandum which states that records could be witheld by the Department of Justice “unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records” Topics included in the Attorney General Holder memorandum include: A presumption of openess; FOIA is the Responsibility of Everyone, and the importance of agencies working productively and properly.

To quote from a statement on the U.S. Department of Justice website:

“By restoring the presumption of disclosure that is at the heart of the Freedom of Information Act, we are making a critical change that will restore the public’s ability to access information in a timely manner,” said Attorney General Holder. ‘The American people have the right to information about their government’s activities, and these new guidelines will ensure they are able to obtain that information under principles of openness and transparency.’ “

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