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David Badertscher*

Some jurors have always had an urge to visit a crime scene or research a case they’re considering while on jury duty, but now the Internet is making it much easier to play detective.

“As simple as it might have been to research facts on their own in the past, now jurors don’t have to have a brother-in-law who’s a doctor or a next-door neighbor who’s a dentist. Everyone has access to the world of doctors and dentists,” says Laura A. Miller, the chair of the criminal litigation section of the American Bar Association and a partner at Nixon Peabody.

GungaWeb is an online tool that assists analysis of New York criminal cases with respect to sentencing, lesser included offenses, plea bargaining restrictions, charging and offense elements.

Detailed sentencing reports for all Penal Law offenses plus DWI and,now for 2009, Aggravated Unlicensed Operation of a Motor Vehicle (VTL511). Dynamic detailed and summary reports of lesser included and greater inclusory offenses. Commentary on pertinent legislative amendments included.

Current subscribers include over 100 New York judges and law clerks.

Updated to November 25, 2009

Over the past months we have posted a variety of items related to the quest for health care reform in the United States. See our last posting at “Health Care Update as of the Beginning of October 2009. The quest continues. During the last month the House of Representatives passed HR 3962(Affordable Health Care for America Act) on November 7 and the Senate has at least agreed to begin debate on their bill HR3590 (Patient Protection and Affordable Health Care Act) on November 21.. Given the historical record of attempts at health care reform these are remarkable achievements but we still do not know if the end is in sight.

Rather than engage in extended discussion on this posting we will concentrate identifying selected documents related to the two bills mentioned above and close by mentioning a few recent news articles of interest. First the documents:

Jurimetrics, The Journal of Law, Science and Technology (ISBN 0897-1277), published quarterly, is the journal of the American Bar Association, Section of Seience & Technology law and the Center for Study of Law, Science and Technology of the Sandra Day O’Connor College of Law, Arizona State University. It was first published in 1959 under the leadership of Layman Allen as Modern Uses of Logic in Law (MULL). A former name, Jurimetrics Journal, was adopted in 1966. The current name was adopted in 1978. Until now Jurimetrics has been published and distributed in hard copy. Soon ( beginning with the Winter 2010 issue) Jurimetrics will be electronic only.

According to the American Bar Association, here is how this works: Subscribers will receive an e-mail message letting them know when a new issue is available. That e-mail will include a link to a Web site where subscribers can lood at all of the abstracts and then download-or print out-any of the articles they want to read in PDF format.

The electronic version will be fully searchable, so subscribers can scan Jurimetrics for topics that are of interest. According to ABA this enhanced format also means that subscribers can be provided with more articles, “packed with more information–and get them to you much faster.”

October 2009
In January 2009, the Library of Congress (LC) contracted with R2 Consulting LLC (R2) “to investigate and describe current approaches to the creation and distribution of MARC records in US and Canadian libraries”, with a primary focus from a primarily economics perspective on “in effect” mapping “the marketplace for cataloging records, including incentives for and barriers to production” of these records. One especially critical aspect of the project has been to assess the degree to which sources other than LC create records in significant quantities, and to determine the extent to which “all roads lead to DLC/DLC.” From a quick read, it appears that RDA and FRBR may it have been afforded sufficient treatment in this Study. Those interested in this topic will certainly want to re-visit the article by Joni Cassidy and members of her staff, AACR Move Over! Here Comes RDA

The following posting includes an excerpt from the Introduction to the resultant Study issued in October 2009 followed by a link for downloading the entire text of the Study.

From the Introduction:

In January 2009, the Library of Congress (LC) contracted with R2 Consulting LLC (R2) to investigate and describe current approaches to the creation and distribution of MARC records in US and Canadian libraries. The primary focus is on the economics of existing practice, in effect mapping the “marketplace” for cataloging records, including incentives for and barriers to production. The underlying question is whether sufficient cataloging capacity exists in North America, and how that capacity is distributed. This project was designed to be descriptive rather than prescriptive, seeking to understand in detail the ways in which cataloging records are produced and distributed, as well as who bears the costs and who realizes the value. We are not attempting to offer solutions or suggest changes, though some have become obvious as we’ve looked at the data. One especially critical aspect of the project has been to assess the degree to which sources other than LC create records in significant quantities, and to determine the extent to which “all roads lead to DLC/DLC.”

The goal is to achieve the best possible understanding of current circumstances and practices:

What is the overall cataloging capacity in North America?

Where does it reside?

What are the primary distribution pathways and channels for sharing records?

How much redundancy is there?

What can we predict about cataloging capacity over the next 5‐10 years?

What is the estimated need/demand? How does this compare with capacity?

What is the relative importance of authority control to libraries?

What is the current reliance by North American Libraries on LC cataloging?

Over the course of six months, R2 employed a number of information‐gathering techniques. First, we developed a social network called Bibliographic Record Production: www.bibrecordproduction.ning.com which ultimately attracted more than 800 members. This forum was used to develop and refine surveys, to assure that we were asking the right questions, and to enlist proportionate representation from all market segments. We performed a literature search as highlighted in the bibliography. We developed two extensive surveys, one for libraries and one for vendors, and worked diligently to assure the participation of school, public, academic and specialized libraries, and of Canadian as well as US libraries. We took special care with the school and small public library markets, as they are often under‐represented in such studies, and rely almost exclusively on records produced by LC, even if those records reach them through other channels. We also interviewed key people by phone, and made a site visit to the Library of Congress.

The surveys were released in April and completed in May 2009. There are a handful of areas where gaps exist, but the response was proportionate to the size of the respective markets, a factor that gives us confidence in the results. Overall, survey responses were strong, with 972 libraries and 70 vendors participating. Results are summarized in sections II and III of the report; Library and Distributor responses respectively. Note that the survey questions themselves can be found online at:

www.r2test.net/pdfs/Survey Questions ‐ Libraries.pdf www.r2test.net/pdfs/Survey Questions ‐ MARC Systems, Distributors, and Service Providers.pdf

Despite many revisions and our best efforts to achieve clarity in the survey questions, it is apparent that a common understanding does not apply across all market segments. There is, in fact, not really a shared understanding of what constitutes a MARC record, since it can serve purposes other than cataloging. In addition, the distinction between creating a record (which ideally occurs once for each title) and distributing a record (where the same record may be provided to multiple customers) proved confusing to some respondents. This has made quantitative comparisons unreliable, and we have introduced them only in cases where the data are relatively unambiguous.

Our primary observations and conclusions are described in the two subsequent sections of the report:

III. The Conflicted Market IV. Economics of Cataloging Continue reading

David Badertscher

One hundred years ago last Tuesday (November 3, 1909) the criminal court building in Manhattan (bounded by Centre, Lafayette, Franklin, and White Streets) was declared unsafe for human occupancy and everyone in the building at the time was ordered to leave immediately.

According to a New York Times article Written the following day, “when the last man was out a squad of thirty policemen under Inspector Daley and Captain Galvin took charge of the building, roping it off on all sides and remaining on guard outside the building to forbid anyone to enter or even pass through any of the flanking streets”.

This posting is prompted out of concern for the need to provide open, online access to public documents including CRS reports, two e-mails received during the past two weeks, and two recent requests for recent CRS report referenced in a previous post to this blog.

First the e-mails. About a week ago I received a widely distributed e-mail from Emily Feldman, Advocacy Communications Assistant for the American Association of Law Libraries (AALL) framing the issues related free online access to CRS Reports and emphasizing the urgency of taking action now to help get this accomplished. Emily can be contacted at either 202-942-4233 or efeldman@aall.org This was followed up today by an e-mail from a law librarian Susan Nevelow Mart responding to Emily’s e-mail and reinforcing Emily’s call for action. Here are the two e-mails

From Emily Feldman:

On October 9, 2009 an Op-Ed article, A LIBRARY TO LAST FOREVER, by Sergey Brin, Co-Founder and President, Technology of Google Inc. was published in the New York Times.in which he discusses Google’s rationale for their book project. For the informaation I am including in this post the two final paragraphs of his article, a link to the article itself, and some randomly selected comments in response to his article. Accoring to Mr. Brin: “Google’s books project is a win-win for authors, publishers and Google, but the real winners are readers, who will have access to an expanded world of books” Others are not so sure.

FINAL TWO PARAGRAPHS:

“In the Insurance Year Book 1880-1881, which I found on Google Books, Cornelius Walford chronicles the destruction of dozens of libraries and millions of books, in the hope that such a record will “impress the necessity of something being done” to preserve them. The famous library at Alexandria burned three times, in 48 B.C., A.D. 273 and A.D. 640, as did the Library of Congress, where a fire in 1851 destroyed two-thirds of the collection.

Hearing and listening to all of the media hype of the last few days, one could be convinced that the Baucus version released a couple of days ago is the only legislation being seriously considered in the present debate. Far from it. Not only do he have at least one House version of proposed health reform legislation, we also have another Senate version which was Reported by the Senate Health Education Labor and Pensions Committee (HELP on July 15, 2009 and introduced yesterday as the Affordable Health Choices Act S. 1679 by the Senate HELP Committee Chairman,Tom Harkin.

This bill certainly represents a different viewpoint on health care reform than the Baucus bill and we hope it will help to level the playing field in the ongong debates and discussion on health care. The HELP Committee legislation does provide for a public option. Here is some of the language from TitleXXXI Affordable Health Care Choices for All Americans that appears on page 43 of the proposed legislation:

”(3) OFFERING OF COVERAGE.-

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