Articles Posted in Library Reference and Research

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.”

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:

Histories of libraries are important because they help to both validate the existence of libraries and authenticate their records of service over time. This is why we are so grateful to our colleague Julie Gick for writing and granting us permission to post her meticulously researched article, HISTORY OF THE NEW YORK COUNTY SUPREME COURT LIBRARIES, on this blog. It includes information about both the Civil Term and the Criminal Term libraries of the New York County Supreme Court and certainly meets the criteria mentioned above regarding the importance of library histories. We encourage you to read this very informative and entertaining article
David Badertscher.

Note: This article has been updated to include additional information provided by the author on October 27, 2008

History of the New York County Supreme Court Libraries

BY Julie Gick*

Beginnings
The New York County Supreme Court Law Library’s enabling statute was Chapter 722, Laws of 1865, effective May 12, 1865, although Griswold gives a starting date of 1852. (1)
The library was first known as the New York Law Library, and justices of the Supreme Court of the First Judicial District were its trustees.

The statute required trustees of the State Library to place in the new library any duplicate books in their possession which they deemed proper and the Clerk of the Court of Appeals was required to send one copy of the printed cases and points in all Court of Appeal cases. Any person who willfully injured any of the books, furniture or property of the new library was guilty of a misdemeanor. The sum of $5000 was appropriated for the use of the library. In 1879 the librarian’s salary was $1,500. The New York Times expressed concern about the court’s expenditures. (2)

Buildings

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The law library was first located at 32 Chambers Street. This building is variously known as the Court of General Sessions, Marine Court and City Court. (3) The architect may have been John McComb,Jr. who designed the new City Hall and other buildings in the area.

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Architects John Kellum and Leipold Eidlitz designed the Tweed Courthouse, 52 Chambers Street at an estimated cost of $11-12 million. Also known as the Old New York County Courthouse, the library relocated to this new facility when it was completed in 1881. Over the years the library served as a lounge room, reference room, and sometimes as a courtroom. Although a handsome edifice the courthouse suffered from inadequate space and unsanitary conditions. The deaths of several justices and many clerks and court officers had been attributed to a malodorous and pestilential atmosphere pervading certain courtrooms. (4)

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After the appellate branch was created effective January 1, 1896, the books and the Supreme Court librarian were assigned to the new court’s temporary quarters on the third floor at 111 Fifth Avenue corner of 18th Street. The Supreme Court Library was replaced by books from other courts, and an assistant librarian was hired to maintain its collection. In 1900 the Appellate Division 1st Department moved to its present quarters at 27 Madison Avenue. James B. Lord was the architect. He completed the building under budget for approximately $630,000. He died of a lingering illness said to be directly caused by a court proceeding. (5)

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In 1907 the Emigrant Industrial Savings Bank, located at 49 Chambers Street, purchased the adjoining property at 43 – 47 Chambers Street. An architect named Raymond F. Almirall was hired to design a new building for the entire expanded lot. This was completed in 1912. At seventeen stories it was one of the tallest of the early skyscrapers in the downtown area. On March 15, 1912 the justices of the Supreme Court decided to move their offices and the library to this building. The library was located on the 12th floor. It was 25 x 100 feet and contained 5110 feet of shelving. (6)

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The present day New York County Courthouse, 60 Centre Street, was completed in 1927 at an estimated cost of $30,000,000. It was modified into a hexagonal structure from the original plan. The architect was Guy Lowell who in 1913 won a competition for his striking circular design. A week before the scheduled opening, Mr. Lowell died suddenly in Madeira, Spain. This is the home of the Supreme Court Civil Term Law Library. (7)

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The New York County Supreme Court Criminal Term Law Library is located in the Criminal Courts Building. This edifice was completed in 1938 at a cost of $14 million, and was designed by architects Wiley Corbett and Charles B. Meyers. Until the merger in 1962 the Law Library served as the library for the Court of General Sessions which had its own impressive history. The first Presiding Judge (then called a Recorder) was James Graham who served from 1683 to 1688. At the time it was discontinued and made part of the Supreme Court in 1962, the Court of General Sessions was known as the oldest continuously functioning criminal court in the United States. (8)

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Prior to the creation of the 12th Judicial District Bronx Supreme Court Library was a part of the New York Supreme Court 1st JD. The courthouse was built in 1933 at a cost of $8 million and designed by Max Hausel and Joseph H. Freedlander. It is also known as the Mario Merola Building. (9)

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The New York County Courts Public Access Law Library opened February 14, 1995 and provides legal materials and information to the public. It is located at 80 Centre Street. The building, completed 1928-1930 at a cost $6 million was designed by William E. Haugaard, the state architect, under a height restriction so that it would not overshadow the nearby courthouses. (10)
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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:

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.

In her interesting and provocative article, “Transparency Chic”, Katherine Mangu-Ward, Senior Editor at Reason Magazine, writes: “…Privacy is dead. But one kind of information is still cozily tucked away, the law…[W]ith the possible exception of the ever-leaky CIA, no aspect of government remains more locked down than the secretive, hierarchical judicial branch. Digital records of court filings, briefs and transcripts sit behind paywalls like Lexis and Westlaw.”

Katherine also writes about PACER and recommends that we all check out RECAP (PACER spelled backward) a free extension of Firefox to help gain access to and download documents. RECAP is a project of the Center for Information Technology and Policy at Princeton University.that, among other things, helps PACER users build a free and open repository of public records and also facilitates the downloading of these reords. RECAP is not a substitute for PACER; rather it is meant to be somewhat like a PACER facilitator. It is my understanding that you cannot use RECAP effectively unless you are also a PACER user. I go into this detail because Katherine recommends RECAP be used to download her article which is reproduced here with her permission.

Whether you agree or disagree, Katherine Mangu-Ward’s article is well worth reading. Here it is: I am also providing a link to her article as it first appeared so that you can also read the comments at that location

The following article published in the July 2009 issue of The Third Branch: Newsletter of the Federal Courts discusses a project conducted by U.S. Circuit librarians in the federal courts, and organized by the Fudicial Conference Committee on Court Administration and Case Management (CACM). The project involved observation and recording over a six month period of how court opinions and materials in court opinions are cited and hyperlinked in a representative sampling of web pages, resulting in a compilation of “suggested practices” for citing and hyperlinking these materials..

This type of resource is needed as a reference for citing primary materials in all branches of government – federal, state, local, and probably foreign and international as well.. With the increasing empsasis on “going green”, preservation of resources, etc. the rate of conversion from hard copy to digital, web based materials is accelerating to the point where it is urgent that we have authoritative sources now that we can rely upon for citing and hyperlinking primary source legal materials on the web.

With this article I am happy to see an example of how the federal courts are “stepping up to the plate” on this issue.

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