The Documents Corner

October 6, 2009

Health Care Update as of the Beginning of October 2009

Through various means, both web based and print, we are monitoring as best we can discussions related to the ongoing health care discussions. Below is an edited and excerpted version of some information we received recently from GalleryWatch in Washington, DC. We would like to share it with you. This updates our earlier posting on the Criminal Law Library Blog

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You might have noticed over the past little while that the Senate Finance Committee has been marking up a bill to reform our health care system.( see links following this discussion to the October 1 version of the bill from the Finance Committee and to a list dated October 5, 2009 of technical corrections to that bill).

August 27, 2009

New York City: Special Event Permit Application Information

by David Badertscher

People often ask about procedures for obtaining approval to staging secial events in the City, especially those involving some form of street activity. New York City requires that a “Special Event Permit Application be submitted to the City of New York Street Activity Permit Office prior to any special event involving street activity held in the City. Depending on the type of event planned, other City agencies may also require approval. The below information includes a list of Application Sponsor Rules and Responsibilities, Support Permit Requirements, and a link to the City of New York Special Permit Application form:

APPLICANT/SPONSOR RULES AND RESPONSIBILITIES

IT IS THE APPLICANT’S/SPONSOR’S RESPONSIBILITY TO:

August 18, 2009

Report: Investigation of the Waterfront Commission of New York Harbor

by David Badertscher

As has been widely reported in the news media, the State of New York Office of the Inspector General has just released its Report and Investigation of the Waterfront Commission of New York Harbor. This is a Report grew out of a complaint of alleged misconduct on the part of officials of the Waterfront Commission of New York Harbor that was referred to the Inspector General’s Office on May 7, 2007 by then-Governor Spitzer. The Waterfront Commission is a bi-state entity established in 1953 by the United States Congress to investigate, deter, combat and remedy criminal activity and influence in the Port of New York and New Jersey, and to ensure fair hiring practices. Report findings include discussion and and enumeration of a number of abuses and irregularities identified by the staff of the Office of the Inspector General during their investigation of the Commission. To see the entire Report click on the link below:

Report: Investigation of the Waterfront Commission of New York Harbor. August 2009.

June 11, 2009

New York City Bar Report on the Bronx Supreme and Criminal Courts

by David Badertscher

The Association of the Bar of the City of New York (New York City Bar) has just published its Report on the Merger of the Bronx Supreme and Criminal Courts. Commenting on the Report in his June 11, 2009 New York Law Journal article, “City Bar Report Cites ‘Serious Problems’ With Bronx Merger”, Daniel Wise writes: “The merger of Criminal and Supreme courts in the Bronx has created ‘serious problems’ if additional judicial resources are not made available, a report by the New York City Bar Concluded.” In the Report it is recommended that “strong and immediate attempts” need to be taken to handle a growing backlog of felony cases.

The New York City Bar report was prepared by the Committee on Criminal Courts and the Committee on Criminal Justice Operations, both committees of the Association of the Bar of the City of New York and released on June 10, 2009. Below is an excerpt from the Opening Statement and a link to the complete report:

Opening Statement Excerpt:

June 1, 2009

Cybersecurity: Reviews and Iniatives of the Obama Administration

by David Badertscher

Web based criminal justice issues cannot be addressed in a rational manner without also the establishment and ongoing maintenance of a trusted and resilient information and communications infrastructure. Realizing the paramount importance of these objectives the Obama administration has been engaging in a mumber related activities including President Obama’s recent call for the creation of a cybersecurity coordinator who will orchestrate and integrate federal cybersecurity policies and agendas, and the release by the White House of a Report: Cyberspace Policy Review: Assuring a Trusted and Resilient Information Infrasturcture

These measures could not be more timely. The increasing rate that information on the web is being compromised in many ways including identity theft, willful distortion of information,and illegal wiretapping to name a few. Other organizations such as the American Association of Law Libraries (AALL) have long been concerned with issues related to the continuing integrity or authenticity of information on the web and are actively engaged in developing recommendations and helping others understand the importance of achieving and maintaining information authenticity of the web but additional help and support is needed. It is therefore most encouraging to see indications that the Obama administration is interested in taking an active role in addressing these and related issues.

The following are links to documents and articles discussing recent cybersecurity initiatives of the Obama administration.

May 27, 2009

Judge Sonia Sotomayor: Background Documents, LC Materials, Two Opinions, And Completed Questionnaire

by David Badertscher

To help those who are interested in information beyond that available in the popular news media regarding Judge Sotomayor we have assembeled two background documents, two of Judge Sotomayor’s opinions, one from 2002 and another from 2008. Also included is a completed copy of the questionnaire of Judge Sotoamyor prepared for and delivered to the Senate Judiciary Committee. All judicial candidates such as Sonia Sotomayor are required to complete and submit a questionnaire as part of the confirmation process. You can view these documents from the links below. The links contain brief title descriptions of the respective materials:

Background on Judge Sonie Sotomayor Prepared by the White House, May 2009

Vote Summary on the Nomination of

May 19, 2009

Pruning Prisons: How Cutting Corrections Can Save Money and Protect Public Safety

by David Badertscher

The Justice Policy Institute, an advocacy organization based in Washington DC, has just issued a report, Pruning Prisons: How Cutting Corrections Can Save Money and Protect Public Safety, which argues that states can improve public safety and save millions of dollars by investing in community based alternatives to incarceration. Quoting from the Introduction: “as the United States grapples with harsh economic realities, states and localities continue to cut budgets, shed jobs, and trim institutions that are not cost effective. Among the least cost effective are prisons and jail systems. Bulding on these observations the remainder of the of the report outlines a number of findings and recommendations supported by charts and other data .

Report of New York State Inspector General Investigating Allegations Related to the NY Commission on Public Integrity

by David Badertscher

A Report of the New York State Inspector General, Joseph Fisch, released on May 13, 2009 concluded that Herbert Titelbaum Executive Director of the New York State Council on Public Integrity and a close friend exchanged at least 165 phone calls and held regular dinners over a five month period in 2007, during which Mr. Titelbaum disclosed the progress and details of the inquiry conducted by the panel, the Commission on Public Integrity, into the handling by former governor Spitzer’s administration of the travel records of longtime Senate majority leader Joseph L. Bruno. Since the Report was released there have been calls for the resignation of Mr. Titelbaum

Below are links to two news articles which discuss the Report and its implications, followed by links to the Executive Summary and Findings of the Report, ending with a link to the complete Report itself:

New York Times Article May 13, 2009 “Paterson Asks Ethics Panel to Quit by Danny Hakim.

May 12, 2009

New York State: Commission on Judical Conduct Annual Report 2009

by David Badertscher

Pursuant to Section 42, paragraph 4, of the Judiciary Law of the State of New York the New York State Commission on Judicial Conduct respectfully submits the Annual Report 2009 of its activities covering the period from January 1 through December 31, 2008.

The New York State Commission on Judicial Conduct is the state agency responsible for investigating complaints of misconduct against judges of the state unified court system and, where appropriate, determining to admonish, censure or remove from office those judges found to have engaged in unethical behavior. All determinations are subject to review in the Court of Appeals, New York State’s highest court.

New York State. Commissdion on Judicial Conduct, Annual Report 2009

April 28, 2009

Key Facts and Commentary About Swine Influenza (Swine Flu)

by David Badertscher

As you undoubtedly have heard, a new strain of influenza called Swine Flu or Swine Influenza apparently started about a month ago in Mexico. It has now spread, first to at least a few states in the United States and now may be spreading world wide.

Art Bernardino who provides consulting services in pandamic planning suggests seven things people can do to lessen infection and protect themselves and others:

1. Wash hands frequently using soap and water or waterless hand sanitizers