Articles Posted in Commentary and Opinion

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Des Moines, IA – September 1, 2009 – According to an editorial in the latest issue of Judicature, the journal of the American Judicature Society, the U.S. Supreme Court decision in Caperton v. Massey Coal Company is a wake-up call for states to take disqualification seriously.

The editorial explains that “If state judicial systems have procedures in place to ensure that judges understand and follow more exacting disqualification rules, legitimate due process problems need never arise.” Caperton held that West Virginia Supreme Court Justice Brent Benjamin’s failure to recuse himself in a case involving a litigant who supported his election campaign was a violation of due process.

The editorial recommends judicial education programs that identify factors judges should consider when deciding whether campaign support they have received gives rise to a disqualifying appearance of partiality; having contested disqualification motions assigned to a different judge for final resolution; and, in the highest courts of each state, establishing a procedure to review disqualification decisions of individual justices by the remainder of the court or a special panel of judges. The editorial concludes that such procedures will foster public confidence in the expeditious administration of justice.

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**The Government Domain: Tracking Congress 2.0

http://www.llrx.com/columns/govdomain42.htm

With the 111th Congress of the United States reconvening on September 8th, e-gov expert Peggy Garvin highlights new tools and sources that enhance and expand your ability to track and monitor the action.

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In their September 8 article in Bloomberg News, Cary O’Reilly and Linda Sandler write that “[A]s the White House and Congress debate how to regulate financial crisis, judges have assumed the point position of punishing Wall Street for causing the worst recession since the 1930s.” O’Reilly and Sandler point out that while the executive and legislative branches of government continue to discuss the possibilities of implementing various reforms as a response to the financial crisis that began approximately a year ago, “judges are [actually] taking the first steps toward the same goal, punishing executives and issuing rulings with national impact.” In their article O’Reilly and Sandler go on to enumerate specific examples of how some judges have proceeded along this path.

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We are forwarding the following message from Emily Feldman of the Government Relatiojns Office of the American Association of Law Libraries (AALL) because it contains important information that we believe should be distributed widely:

OpenTheGovernment.org today released the latest edition of their annual Secrecy Report Card (http://www.openthegovernment.org/otg/SecrecyRC_2009.pdf). This year’s report card found slight decreases in government secrecy overall, though secrecy still trumps openness in many instances. This year’s report also includes a special analysis of the Obama Administration’s mixed track record on transparency.

Some of the highlights from this year’s report include:

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The Jerusalem Post reports that Israeli authorities are trying to fight back against the violence that has become endemic in the country. Internal Security Minister Yizhak Aharonovich said violence has become “routine” despite the efforts of police. Prime Minister Binyamin Netanyahu said he considers violence and bullying to be a sort of internal terrorism and that his government would follow a policy of “zero tolerance to violence, both verbal and physical”. Prime Minister Netanyahu presented a plan for change that includes harsher punishments, increased police presence on the streets and limiting alcohol sales..

Jerusalem Post

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According to the Editors of The Crime Report, the movement to ban shackling pregnant prisoners is gaining momentum. On August 26, 2009, Governor David Paterson of New York signed a bill (now NY Chapter 411 2009) banning the practice for all but the most unruly inmates. What is happening in your state?

Only six states-California, Illinois, New Mexico, New York, Texas and Vermont-have legislation regulating the use of restraints on pregnant women. Women detained in 44 states, the District of Columbia and the Federal Bureau of Prisons lack such legislative protection. Some state departments of corrections did not provide details on what type of restraints may be utilized during labor, nor did they provide their policy.

(Research provided by Amnesty International and The Rebecca Project for Human Rights.)

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The program, known asConficker( http://www.us-cert.gov/cas/techalerts/TA09-088A.html), uses flaws in Windows software to co-opt machines and link them into a virtual computer that can be commanded remotely by its authors. With more than five million of these zombies now under its control government, business and home computers in more than 200 countries this shadowy computer has power that dwarfs that of the worlds largest data centers. Conficker continues to confound the efforts of security experts to trace its origins and determine its purpose.

For additional commentary see John Markoff’s article, “Defying Experts, Rogue Computer Code Still Lurks”, published in the August 27, 2009 New York Times.

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After posting two articles on this Web site here and here related to the Obama administration seriously considering allowing much greater flexibility regarding the use of cookies and tracking devices on government Web sites, I thought I was finished with the topic. That is until this morning August 25 when I notices a well written and thoughtful editorial about “cookies” and the web in the New York Times. Since the editorial helped to clarify my thinking I wanted to share it with you here.

After a discussion of the issues, here in a nutshell are the concerns raised and approaches presented in the editorial:

1. More stringent requirements regarding the permanent and prominet display of notices on all government Web sites to clearly inform users that use of the Web sites is being tracked.

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