Articles Posted in Commentary and Opinion

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Letter:

Remarkable Work By State Judges*

In “10 Suggestions for Court Reform,” New York City Corporation Counsel Michael A. Cardozo notes that our nation’s state courts are in crisis. Many of society’s most intractable problems end up in the state courts, particularly during economic downturns. In New York, this has been especially true. Throughout the state, filings continue to spiral, in every case category. Over the past five years, filings in New York City have risen in Family Court by 24 percent and in Criminal Court by 19 percent, as well as in Civil Court and in Supreme Civil and Supreme Criminal. One result of this, for example, is that a judge in the Civil Term of Supreme Court in New York City has a caseload that exceeds 600 cases, and a judge in the New York City Family Court can handle over 1,000 cases at any one time. Recent efforts to create additional judgeships, which will help alleviate these massive inventories, have yet to meet with success.

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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.

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CLLB Abstract Prepared by Michael Chernicoff

http://blogs.sciencemag.org/scienceinsider/2009/11/fmri-evidence-u.html

The defense lawyer for Brian Dugan, an Illinois man convicted of raping and killing a 10-year-old girl, used fMRI brain scans as evidence during the sentencing phase of his trial show that their client should be spared the death penalty because he has a brain disorder. The defense argued that Dugan was born with a mental illness – psychopathy. This, said the defense, should be a mitigating factor since it impaired his ability to control his behavior.

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CLLB Abstract prepared by Michael Chernicoff

Does Bringing a Terrorist Suspect From Gitmo to New York Confer Any More Legal Rights?

http://volokh.com/2009/11/20/does-bringing-a-terrorist-suspect-from-gitmo-to-new-york-confer-any-more-legal-rights/

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I am grateful to Lesley Ellen Harris for granting me permission to publish the complete issues of her New Media Law & E-Commerce News on this blawg as they appear. Here is Leslie’s most recent issue.:

FROM THE OFFICES OF LESLEY ELLEN HARRIS Copyright, New Media Law & E-Commerce News __________________________________________________________________ __________________________________________________________________

Vol. 13, No. 5, December 1, 2009

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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:

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The Maryland Authentication Working Group and the print discontinuation of the Maryland Register are both discussed in the following e-mail from Joan M Bellistri, a member of the Working Group:

The AALL Maryland Authentication Working Group has been created. Ideally, this working goup would have been formed before there were any issues in Maryland but we now have the immediate issue of the conversion of the Maryland Register to pdf distribution only. The Working Group is composed of librarians from court, academic and firm libraries and consists of Joanne Colvin, President of LLAM, Janet Camillo, Chair CMCLLD, Pat Behles, Carol Mundorf, Andy Zimmerman, Steve Anderson and myself. We hope to be adding members from the public library government docs community and the academic libraries and the Maryland State Bar Association. The ultimate purpose of the group would be to monitor

Maryland’s legal resources in terms of e-life cycle management (authentication, permanent public access and preservation) and work to educate the appropriate officials about the importance of these issues through the creation of a policy paper as a follow up to the

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