Commentary and Opinion

July 8, 2008

Selections from the American Libraries Direct E-Newsletter July 2, 2008

“OCLC has announced a new OCLC Minority Librarian Fellowship program designed to provide a unique opportunity for aspiring library professionals from historically underrepresented groups. The 12-month program offers the selected Fellow two 90-day assignments within specific divisions of OCLC, and one six-month assignment with a specific operating unit within the OCLC organization. Applications will be accepted between July 15 and August 29..”

.Georgia State: Online course reserves are fair use

I”n a closely watched copyright-infringement lawsuit, Georgia State University fired back at its accusers, three academic publishers who say the institution invites students to illegally download and print readings from thousands of works. The university asserts that its online distribution of course material is permitted under copyright law’s fair-use exemption. Georgia State made its case in papers filed June 24 in U.S. District Court in Atlanta…”

June 20, 2008

Some Recent ABA Publication Announcements June 2008*

by David Badertscher

Street Legal: A Guide to Pre-trial Criminal Procedure for Police, Prosecutors, and Defenders

By Ken Wallentine

This 396-page book provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms “what you can do and what you can’t do” under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it’s all covered in this concise reference. In addition, numerous charts and guides are included throughout the book to make this as practical a guide as possible.

June 19, 2008

How Trustworthy Are State-Level Primary Legal Resources on the Web?

by David Badertscher

David Badertscher*

How trustworthy are state-level primary legal resources on the Web? The American Association of Law Libraries (AALL) published the State-by-State Report on Authentication of Online Legal Resources (Authentication Report) that answers this very important and timely question. The comprehensive report examines and draws conclusions from the results of a state survey that investigated whether government-hosted legal resources on the Web are official and capable of being considered authentic. The survey was conducted by the Access to Electronic Legal Information Committee of AALL. The principal authors and editors of the comprehensive report were Richard J. Matthews, Editor in Chief of the 2005-2006 Access to Electronic Legal Information Committee and Mary Alice Baish, Executive Editor, AALL Washington Affairs Office; volunteer authors were responsible for sections within the comprehensive report devoted to individual states. The survey and comprehensive authentication report could not have been completed without their efforts.

The Authentication Report follows the publication in 2003 of AALL’s State-by-State Report on Permanent Public Access to Electronic Government Information that researched and reported what, if anything, state governments were doing to meet the enormous challenges of ensuring permanency and public accessibility of government information on the Web. The Permanent Public Access Report raised national awareness and encouraged states to take steps to ensure permanent public access to electronic state government information. As a result, several states have enacted legislation requiring permanent public access.

June 13, 2008

ABA Journal Weekly Newsletter June 13, 2008

by David Badertscher

Jun 12, 2008, 09:49 am CDT

June 12, 2008

Hard Straight: Award Winning Documentary on Parolees’ “Time on the Outside”

by David Badertscher

From Goro Toshima:

I wanted to alert you to my award-winning documentary, A Hard Straight, which shows what it’s really like to make the radical transition from prison life to society, by following the post-release stories of three people in close and unflinching detail …

…One spent his childhood in foster homes, juvenile detention, and the gang life before his adult convictions. Now, the one thing he knows for sure is that he is a 2-striker and another conviction will land him in prison for the rest of his life… The second had logged more time in prison for parole violations than for his original sentence. “My friends are few, and my world is cold,” he confides, waiting on a street corner notorious for drug deals… The third, a mother whose oldest daughter had taken in the two younger children during her prison term. Life becomes very complicated very quickly once she gains her freedom. Increasing friction with her daughter comes to a head over her struggle with methamphetamine addiction.

June 11, 2008

Microsoft’s Top Ten Innovationss by James Rapoza

by David Badertscher

” Let’s face it, during the reign of Bill Gates, Microsoft hasn’t exactly been Xerox Parc when it comes to inventing and creating new technologies. For the most part, Microsoft has been content to buy or copy new technologies and focus on incremental improvements to its products. But that doesn’t mean that Bill Gates and Microsoft weren’t innovative. In the areas of business strategies and cutthroat competition, Microsoft has used a combination of unique and very effective innovations to make itself the dominant tech company of the PC era.”

Microsoft”s Top Ten “Innovations”

June 4, 2008

Analysis and Response – On the Record: Report of the Library of Congress Working Group and the Future of Bibliographic Control

by David Badertscher

From the Introduction:

“On the Record, the report from the Working Group on the Future of Bibliographic Control, describes a new technological environment in which libraries have exciting opportunities for making information resources available and useful to new and demanding audiences. The Working Group has spent a year studying how best to exercise bibliographic control within this environment. The opening sentence of the report’s introduction sums up conclusions with which the Library of Congress agrees: ‘The future of bivbliographic control will be collaborative, decentralized, international in scope, and Web-based.”

This Response to the report was prepared under the supervision of Deanna B. Marcum, Associate Librarian for Library Services at the Library of Congress.

June 4, 2008

Pet Peeves at the U.S. Supreme Court*

by David Badertscher

[From an article in the March 17, 2008 The National Law Journal by Tony Mauro of the Legal Times]

There’s a video out there you may want to see – a web site called “LawProse Inc” on which 8 of the 9 U.S. Supreme Court justices speak about answering questions, writing briefs, arguing before the Court, and their own relationships with written words. For instance, Chief Justice Roberts thinks “lengthy citations to Web sites that are now common in briefs are an ‘obscene’ distraction ‘with all those letters strung together.’ ” Also he doesn’t like overly-long briefs, “I have yet to put down a brief and say ‘I wish that had been longer.'” Justice Breyer is bothered by the same thing, “If I see (a brief that is) 50 pages, it can be 50 pages, but I’m already going to groan,” but “If I see 30, I think, well, he thinks he has really got the law on his side because he only took up 30.”

“Justice Kennedy hates it when lawyers turn nouns into verbs by tacking on ‘-ize’ at the end, as in ‘incentivize.’ Such showy, made-up words, he sniffs, are ‘like wearing a very ugly cravat.”

June 4, 2008

Deep Indexing: A New Approach to Searching Scholarly Literature*

by David Badertscher

From: “This Week’s News”, Library Journal.com (May 29, 2008).

Close to 200 attendees took part in a May 20 Library Journal webcast Deep Indexing: A New Approach to Searching Scholarly Literature, sponsored by ProQuest. While a majority of those participating were from the United States, librarians and electronic resource coordinators from 17 other countries also joined in, making it the most “international” of webcasts so far in the LJ series. An archive of the webcast will be available for year from the Library Journal web site, and can be found here.

Carol Tenopir, editor of LJ’s Online Databases column, kicked off the panel by providing background on the research behind the development of “tables and graphs” indexing, now known as deep indexing. Her partner in research, Robert Sandusky from the Richard J. Daley Library, University of Illinois at Chicago, offered his insights on the relevancy of types of searching and indexing for various disciplines, particularly the sciences.

June 4, 2008

Harvard Professor Stuart Shieber Downplays the Role of “Revolutionary”

by David Badertscher

From: “This Week’s News”, Library Journal.com (May 29, 2008).

Last week, Harvard University professor Stuart Shieber made history-he was named the first director of Harvard’s newly minted Office for Scholarly Communication (OSC). In his new role, Shieber will oversee the implementation of the university’s groundbreaking open access mandate, which he helped author, and which many suggest could have wide-ranging implications for the future of scholarly communication. “Let’s not go overboard,” Shieber says with a laugh and an audible wince when asked if he views his new role as a historic opportunity. “People like to extrapolate that [the mandate] will have a revolutionary effect. But you can’t make a policy based on that extrapolation. Sometimes there’s too much talk about momentous, revolutionary effects, it gets too far in front of what is really happening. There are lots of things going on, and there will be changes. We’re just trying to do our part.”

That sober approach should be heartening to observers concerned with getting the implementation rolling. In a conversation with the LJ Academic Newswire this week, Shieber embraced a straightforward mission “to support the efforts of the Harvard faculty to make their collective scholarly output as broadly available as possible.” It’s a big job, Shieber conceded, and one he didn’t necessarily expect to fall to him, despite his role in authoring the policy. “Certainly, there was no lobbying effort,” he laughed, when asked if he had expected to be tapped to lead the OSC. “But I have spent lots of time and effort on these issues, so it was a natural fit.”