Articles Posted in Authors of Articles

By Joni L. Cassidy Cassidy Cataloging Services, Inc,

On March 17, 2010, my post about www.theSkyRiver.com and OCLC included the following statement:

“OCLC and Cassidy Cataloguing Services, Inc. may finally reach a compromise. OCLC may grant permission to allow a WorldCat Local institution that has purchased Cassidy MARC record sets to view the records as part of its WorldCat Local subscription.”

In a unanimous 3-0 Decision last Tuesday April 6 the United States Court of Appeals for the District of Columbia Circuit ruled that the Federal Communication Commission did not have the authority to order Comcast in 2008 to cease and desist interfering with the traffic of Bit Torrent a P2P file sharing service. At the time Comcast ostensibly accepted the order, but ended up appealing the ruling in the courts. The April 6 opinion is the result of that appeal.

As can be expected, reactions have been quick in coming and are quite varied, depending on the perspective and interests of those responding. Some have emphasized the supposedly narrow scope of the ruling attempting to play down its overall importance. Others see it has quite significant, even ground breaking in its scope. For example, will the ruling set a prescedent that allows internet providers to control broadband service as they see fit since it clearly undercuts the FCC’s claim to authority to regulate the internet? What about the FCC’s recently released National Broadband Plan supported by the Obama administration? Many of my fellow libraraians have been looking forward to both participating in and benefiting from this program which contains some provisions related to libraries.? And what about the overarching issues relating to equal treatment for all who use the internet? That not only refers to the “information poor” who often have difficulty getting access under the best of conditions; is could also impact those at the opposite end of this spectrum, eg. Google’s You Tube and Microsoft’s MSN.com?

So many questions, which indicates that this decision really is important with far reaching consequences. Some think this ruling will be appealed to the U.S. Supreme Court but we will need to wait and see. Meanwhile, the FCC has been handed some significant regulatory issues it will need to try to work around. Can they do it. It appears from a statement issued after the ruling that they are prepared to try.

A select bibliography.

In response to a recent request I compiled a short, selected list of treatises published between the years 1880 and 1990. It is being reproduced here for the benefit of those readerw who might also be interested. This list is selective and thereroe not intended to be exhaustive. Even among the authors listed, many produced an number of additional titlies related to the law of evidence.:

Selected treatises on the law of evidence – United States published in the late 1800’s

Posted by : Joni L. Cassidy, Cassidy Cataloguing Services, Inc. 3/17/10

DEFINITION OF TERMS:

OCLC WorldCat – the union database of bibliographic and authority records contributed by member libraries, the Library of Congress, the National Library of Medicine, the National Agriculture Library, the U.S. Government Printing Office and several other national libraries from around the globe. Records are accessible to all OCLC members.

Udated March 17, 2010.

On Tuesday March 16, 2010 the U.S. Federal Communications Commission (FCC) announced a proposal to overhaul the U.S. broadband* policy by introducing a plan that would provide higher speed internet access and much faster internet connections thoughout the U.S. than are presently available. The plan sets a goal of connecting 100 million U.S. households to broadband connections of 100 megabits per secondf, at least 20 times faster than most home connections now, by 2020.

The plan also calls for every american conmunity to have at least one “anchor” institution, such as a school, library, or hospital that has ultra high speed internet access. The FCC defines ultra high speed in this eontext as at least a gigabit per second, 10 times faster than the 100 megabit per second envisioned for home connections.

Mary Alice Baish, Director of Government Relations and Emily Feldman, Advocacy Communications Assistant (both of the American Association of Law Libraries, AALL), have been doing a tremendous job serving as advocates for high quality and highly accessible legal information on the web in a format that can be authenticated.

The following is an e-mail from Emily which mentions the work of the White House open government working group and includes a request for suggestions regarding specific types of information and datasets you would like to see agencies publish. Although Emily’s e-mail is directed primarily to law librarians I am posting it here because of the value of this initiative to the entire legal community.

FROM: Emily Feldman March 10, 2010

The 2010 CyberSecurity Watch Survey, sponsored by Deloitte and conducted in collaboration with CSO Magazine, the U.S. Secret Service, and the CERT Coordination Center at Carnegie Mellon, indicates that threats posed by cyber crime have increased faster than potential victims — or cyber security professionals — can cope with, placing targeted organizations at significant risk.

While we cannot provide you a copy of the actual Survey, the Deloitte whitepaper, Cyber Crime: A Clear and Present Danger reports on several of the survey findings and includes Deloitte’s interpretation of key results. Quoting from the Introduction to the white papter: “By its very nature, interpretation goes beyond simple reporting of results…and may prompt disagreement and even controversy”

With that, we invite you to download the white paper from the link below, read it, and draw your own conclusions

Two days ago I posted information on this blog related to the New York Court of Appeals decision (Maron v. Silver, 16 ‘ Larabee v. Governor, 7 ; Chief Judge v. Governor, 18) addressing judicial compensation in that state within the framework of separation of powers. Today I have learned that the State of Connecticut is also confronted with separation of powers issues related to its judiciary. These issues relate at least in part to the unilateral reduction of Other Judicial Expense line items (where the law libraries are placed) by the Office of Policy and Management (Executive Branch) after the initial budget allocations have presumably been agreed upon.

Of special concern to many readers of this blog is the severe negative impact these judicial line item reductions are having on judicial law libraries in the State of Connecicut, as indicated in testimony of the Connecticut Chief Court Administrator to the Appropriations Committee included in this post and by the many expressions of concern among Connecticut citizens as reported elsewhere.

The Chief Court Administrator of Connecticut, Judge Barbara M. Quinn has argued before the Appropriations Committee on February 9 that the unilateral reduction of Other Judicial Expense line items by the Executive Branch infringes on the Separation of Powers and can be remedied by OPM simply transmitting the Judicial request unchanged to the legislature. Two sections of Judge Quinn’s testimony are especially important and are highlighted below in this posting. The section on Law Libraries which highlights the importance of law libraries in Connecticut to both the Judiciary and the public has relevance both in Connecticut and throughout the nation. A second part of Judge Quinn’s testimony highlighted below is her statement on “Concurrence in Allotment Reductions and Rescissions,” which frames the issue nicely.

David Badertscher*

A giant of New York politics and law enforcement recently retired from public office– Robert Morgenthau. Scion to a powerful family, Robert Morgenthau’s grandfather served as United States Ambassador to the Ottoman Empire, and his father was Secretary of the Treasury under Franklin Delano Roosevelt. While his famous name and lineage may have helped to open doors, Robert Morgenthau was determined to find a profession where he could navigate his own path in life.

After honorable combat service in the navy during World War 2, where his ship was torpedoed, Robert Morgenthau proceeded to law school and rose to partner in a major law firm. However, Robert Morgenthau largely dedicated his professional career, and indeed his life, to public service. He served as United States Attorney for the Southern District of New York for an eight year period from 1961 -1969. But he will surely best be remembered for his longstanding and legendary tenure as New York County District Attorney that spanned a thirty-five year period from 1974 – 2009. In this latter capacity, he resuscitated the office which was ravaged by budget problems and made it, what many law enforcement officials consider, the finest district attorney’s office in the nation and possibly the best overall law enforcement office in the nation.

Contact Information