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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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Posting prepared by Matthew Micka

Thursday, April 2, 2009

Mexican President Felipe Calderón is now deploying nearly 50% (45,000) of his nation’s combat ready troops to wage a war against his nation’s powerful drug traffickers, who supply an estimated 90% of the cocaine entering the United States.

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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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BY STEVEN ESSIG*

Library Trends Volume 57, issue 1 focuses on “Digital Books and the Impact on Libraries”. Issue Editor Peter Brantley, Executive Director for the Digital Library Federation (DLF), introduces the discussion by summarizing several cataclysmic developments in the library and publishing worlds that are forever changing the production, delivery and acquisition of books and other print materials: namely, the increasing centrality of Google and the resulting uncertainties over the disruption of the traditional relationships between authors publishers and libraries and the disruptive effects of ubiquitous internet technology on people’s everyday lives. Brantley asks whether there are alternatives to Google-shaped agreements for librarians and publishers and what economies would be necessary to sustain these alternative agreements.

Among the articles that follow this introduction, particularly interesting discussions include that of Jason Epstein’s “The End of the Gutenberg Era” (pages 8-16). Epstein, formerly the editorial director of Random House and founder of Anchor Books, foresees a continued place for most current versions of the physical book (though purely reference materials such as encyclopedias will go totally online) but emphasizes a change in the manner of its distribution. Increased digitization will cut back elements of the previous supply chain reducing costs of the physical inventory, packaging etc. and replacing this costly and elaborate setup with a “practically limitless digital inventory”, making it possible to “email an entire book with all necessary metadata as easily as a letter” (15). Epstein then discusses his involvement with “On Demand Books”, a company marketing an “Espresso Book Machine” which prints books on demand from online digital files. He foresees this print-on-demand technology being setup as a sort of “ATM for books” where readers could order a title at their computers (much as they currently do at Amazon.com) and then collect the item at a nearby machine, perhaps located at a Kinko’s, Starbucks or local library or bookstore. For this setup to become widespread, there would need to be cooperation with publishers and other content providers; Epstein sees it as in the latter’s interest in cutting back on the current costly distribution infrastructure as well as in the chance to “exploit new technologies and markets” (16).

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DAVID BADERTSCHER
Tomorrow is Lincoln’s birthday; it is also the 200th anniversary of his birth, all of which calls for a special celebration of the life, works, and thought of such an inspiring individual. Our current President has said that he has found the thoughts and deeds of Abraham Lincoln to be a source of great inspiration. I too have been inspired by Lincoln’s words, his principles, his focus on justice, his focus on equality, and his strong belief in our nation and our constitutional democracy; but as a law librarian working in a court setting I will focus primarily on books about Lincoln and leave the other topics to historians and others.

Before leaving this section however, I want to commend the American Bar Association (ABA) for its efforts to help make this a banner year for the Lincoln Bicentennial. They have been working with many other organizations, including the American Association of Law Libraries (AALL), to incorporate a celebration of the legacy of Lincoln in various events nationwide throughout the year. In addition they have prepared a comprehensive planning guide, “A Legacy of Liberty: Celebrating Lincoln’s Bicentennial”, which is being distributed widely. The ABA has also devoted a significant part of the February 2009 issue of its journal, The ABA Journal to features about Abraham Lincoln including his practice of law and discussions of what that practice has in common with that of lawyers today.

Now back to the books. The list below is divided into two sections. The first section consists of a few books about Lincoln recommended by William Safire in his New York Times Book Review article,”Lincoln Monuments”. (February 8, 2009). The second list is of books devoted to Lincoln the lawyer. This list is based on books retreved through what we call bibliographic searching for materials about Lincoln as a lawyer. The listings will be brief and some abbreviated:

RECOMMENDED BOOKS (GENERAL)

McPherson, James M. ABRAHAM LINCOLN. (Oxford University).

White, Ronald C. Jr. A. LINCOLN: A Biography. Random House.

Burlingame, Michael. ABRAHAM LINCOLN: A Life. (Johns Hopkins University), 2 vols. 2000 pages.

Holzer, Harold and Joshua Wolf Shenk Eds. IN LINCOLN’S HAND: His Original Manuscripts With Commentary by Distinguished Americans, Bantam.

Holzer, Harold. THE LINCOLN ANTHOLOGY: Great writers on His Life and Legacy From 1860 to Now. (Library of America).

LINCOLN THE LAWYER: (These are listed in Books in Print format).

Lincoln the Lawyer
Author: Dirck, Brian Publisher: University of Illinois Press ISBN or UPC: 0-252-07614-1 (Active Record)
Format: Trade Paper Date: Dec 2008 Price: $19.95 Market: United States Availability: Readily Available
ISBN 13: 978-0-252-07614-5

Lincoln, Lee, Grant, and Other Biographical Addresses
Author: Speer, Emory Publisher: Read Books ISBN or UPC: 1-4086-8446-2 (Active Record)
Format: Trade Paper Date: Jul 2008 Price: $29.45 Market: United States Availability: Available for Order
ISBN 13: 978-1-4086-8446-7

The Papers of Abraham Lincoln: Legal Documents and Cases, Set
Author: Lincoln, Abraham et al. Publisher: University Press of Virginia ISBN or UPC: 0-8139-2606-8 (Active Record)
Format: Trade Cloth Date: Nov 2007 Price: $300.00 Market: United States Availability: Readily Available
LC Class #: KF213.L53S76 2007 Dewey#: 973.7092 B ISBN 13: 978-0-8139-2606-3

Lincoln the Lawyer
Author: Dirck, Brian R. Publisher: University of Illinois Press ISBN or UPC: 0-252-03181-4 (Active Record)
Format: Trade Cloth Date: Mar 2007 Price: $29.95 Market: United States Availability: Available for Order
LC Class #: E457.2.D575 2007 Dewey#: 973.7092 B ISBN 13: 978-0-252-03181-6

An Honest Calling: The Law Practice of Abraham Lincoln
Author: Steiner, Mark E. Publisher: Northern Illinois University Press ISBN or UPC: 0-87580-358-X (Active Record)
Format: Trade Cloth Date: Aug 2006 Price: $42.00 Market: United States Availability: Available for Order
LC Class #: E457.2.S8 2006 Dewey#: 340.092 B ISBN 13: 978-0-87580-358-6

Courage and Country: James Shields
Author: Callan, J. Sean Publisher: Authorhouse ISBN or UPC: 1-4107-8895-4 (On Demand)
Format: Trade Paper Date: Jan 2004 Price: $24.95 Market: United States Availability: Available for Order
LC Class #: E403.1.S5C35 2004 Dewey#: 973/.049162/0092 B ISBN 13: 978-1-4107-8895-5

Lincoln, the Constitutional Lawyer [1932]

Author: Zane, John Maxcy Publisher: Lawbook Exchange, Limited, The ISBN or UPC: 1-58477-257-3 (Active Record)
Format: Trade Cloth Date: Mar 2003 Price: $80.00 Market: United States Availability: Available for Order
LC Class #: KF368.L52Z36 2002 Dewey#: 973.7/092 B ISBN 13: 978-1-58477-257-6

Life on the Circuit with Lincoln: With Sketches of Generals Grant, Sherman and McClellan, Judge Davis, Leonard Swett and Other Contemporaries, 1892
Author: Whitney, Henry Clay Publisher: Lawbook Exchange, Limited, The ISBN or UPC: 1-58477-115-1 (Active Record)
Format: Trade Cloth Date: Jan 2001 Price: $110.00 Market: United States Availability: Available for Order
LC Class #: KF368.L52W48 2001 Dewey#: 973.7/092 B ISBN 13: 978-1-58477-115-9

Lincoln for the Defense: The Only Known Transcript of an Abraham Lincoln Criminal Jury Trial
Author: Plaetzer, Ross F. Publisher: High House Press, Incorporated ISBN or UPC: 0-9641176-0-6 (Active Record)
Format: Trade Paper Date: Sep 1994 Price: $15.95 Market: United States ISBN 13: 978-0-9641176-0-0

Lincoln the Lawyer
Author: Hill, Frederick Trevor Publisher: William S. Hein & Company, Incorporated ISBN or UPC: 0-8377-0711-0 (Active Record)
Format: Trade Cloth Date: 1986 Price: $45.00 Market: United States LC Class #: KF368.L52H55 1986 Dewey#: 349.73/092/4 B ISBN 13: 978-0-8377-0711-2

Lawyers Before the Warren Court: Civil Liberties and Civil Rights, 1957-66
Author: Casper, Jonathan D. Publisher: University of Illinois Press ISBN or UPC: 0-252-00244-X (Out of Print)
Format: Trade Cloth Date: Jun 1972 Price: $24.95 Market: United States Availability: Hard to Find
LC Class #: KF298.C27 Dewey#: 342/.73/0850269 ISBN 13: 978-0-252-00244-1

Abraham Lincoln, the Lawyer-Statesman
Author: Richards, John Thomas Publisher: Library Reprints, Inc. ISBN or UPC: 0-7222-8804-2 (Active Record)
Format: Trade Cloth Date: Not Supplied Price: $98.00 Market: United States ISBN 13: 978-0-7222-8804-7

SEE IMPORTANT ADDITIONAL INFORMATION BELOW:
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I was going to post something about the comparative funding levels between the House and Senate versions of the stimulus legislation, but have just learned that ProPublica has already done so on their blog. Congratulations to ProPublica for a really good posting.

Here is the link. http://www.propublica.org/special/the-stimulus-bills-house-vs.-senate

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A Report of the New York State Commission on Sentencing Reform, dated January 30, 2009 and released on February 3, 2009.

The Report, Future of Sentencing in New York State, calls for reforms to New York Stae drug laws; determinate sentencing, graduated and sanctions for parole violators are among the other recommendations offered.It provides the Governor, Legislature and Judiciary with several different options for historic reform.The State Commission on Sentencing Reform is a bi-partisan panel that has spent nearly two years studying New York States sentencing statutes before releasing this Report

Also see the Press Release announcing release of thr Report and New York State Executive Order Number 10 (March 5, 2007) under which the Commission was created:

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The above titled January 27, 2009 article by John Markoff, published in the New York Times is relevant because it discusses digitization, preservation and authentication of records (and by extension information) in terms of continuously preserving these qualities in an authentic state as the underlying technology constantly changes or “shifts” over time, thus taking into account and emphasizing the importance of both the initial authentication of information in accordance with accepted polices and practices and the urgency of maintaining that authenticity over time. In terms of this discussion the question for law librarians and others throughout the legal profession working with digital legal information is how to best provide assurance that primary and other legal information officially authenticated at a given time can be safely perceived as remaining reliably authentic over a much longer period of time in the midst of these constant shifts? Since John Markoff’s article may help us at least clarify these issues I wanted to share it with you.

David Badertscher

Here are some excerpts:

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