Volume 21, Issue 3 May 2009.
A publication of the American Society of Trial Consultants.
LEAD ARTICLES:
Pruning Prisons: How Cutting Corrections Can Save Money and Protect Public Safety
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 .
More from the Introduction:
The United States’ prison system continues to grow every year. Over 2.3 million people are incarcerated in U.S. prisons and jails. As state prisons hold nearly 60 percent of the people incarcerated, yearly increases in the prison system are most keenly felt by states.
Safeguarding Library Collections at the Dawn of the 21st Century
In a recent e-mail Robert Richards, a Law Librarian and Legal Information Consultant from Philadelphia, mentions a recent Associatiion of Research Libraries (ARL) preservation report, “Safeguarding Collections at the Dawn of the 21st Century: Describing Roles & Measuring Contemporary Preservation Activities in ARL Libraries,” http://www.arl.org/bm~doc/safeguarding-collections.pdf .. More details are at http://www.arl.org/news/pr/preservation-14may09.shtml The report is organized around three main sections: Preservation Functions; Networked Digital Environment; and Collaboration. Within each section, background and analysis are provided and recommendations offered for consideration by ARL
CLLB Information Security Newsletter. Volume 2 Number 5 May 2009.
Volume 2 Number 5 May 2009.
Rogue (Fake) Anti-Virus Software: How to Spot It & Avoid It!*
From the Desk of David Badertscher
Employee Web Use: What is OK and What is Not
A White Paper from MessageLabs.
Although this white paper was written primarily for IT managers we think it has considerable broader applicability and are therefore posting it here.
Summary:
Guide to Lawyers Representing Religious Organizations
A 2009 publication of the American Bar Association.
” A practical reference for any attorney who is asked to represent a religious organization.”
Guide to Representing Religious Organizations
SciTech e-Merging News – Highlights
Volme 1 Issue 4 Spring 2009.
A quarterly newsletter of the American Bar Association Section on Science and Technology.
CHAIR’S WELCOME by RUTH HILL BRO
Findlaw Case Summaries: Constitutional Law 16
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May 11-15, 2009.
U.S. 4th Circuit Court of Appeals, May 12, 2009 Midi v. Holder, No. 08-1367 Petitioner’s petition for review of the BIA’s order removing her from the U.S. is denied, where: 1) the Child Status Protection Act (CSPA) does not apply to immigrants seeking relief pursuant to the Haitian Refugee Immigration Fairness Act; and 2) the BIA’s construction of the CSPA did not violate the Equal Protection Clause.
U.S. 4th Circuit Court of Appeals, May 13, 2009 Iota Xi Chapter of Sigma Chi Fraternity v. Patterson, No. 08-1417 In an action by a fraternity at a public university claiming that disciplinary action against it violated the First Amendment, summary judgment for Defendants is affirmed, where: 1) the university did not deprive Plaintiff’s members of associational rights; and 2) the sanctions imposed on the chapter were reasonable. ..
U.S. 8th Circuit Court of Appeals, May 13, 2009 US v. Tom, No. 08-2345 District court judgment granting defendant’s motion to dismiss petition having have him civilly committed as a sexually dangerous person is reversed where: 1) the court erred in finding the 18 U.S.C. sec. 4248 (the Adam Walsh Act) was an unconstitutional exercise of Congress’s powers under the Commerce Clause, as Congress is empowered by the Commerce Clause to criminalize and punish the conduct of which defendant is guilty and has the ancillary authority under the Necessary and Proper Clause to provide for defendant’s civil commitment; and 2) 18 U.S.C. sec. 4248 does not upset the delicate federal state balance mandated by the Constitution.
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Findlaw Case Summaries: Criminal Law and Procedure 19
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May 11-15, 2009.
U.S. 1st Circuit Court of Appeals, May 11, 2009 Pina v. Maloney , No. 07-1267
Denial of petition for habeas relief is affirmed where although plaintiff did not procedurally default his ineffective assistance of counsel claim, the claim still fails on the merits as counsel’s decision to pursue a defense of misidentification rather than an alibi defense was a reasonable, tactical decision. ..
U.S. 1st Circuit Court of Appeals, May 12, 2009 US v. Del Valle , No. 08-1234
District court’s denial of defendant’s motion for a new trial is affirmed where: 1) the defendant did not meet his burden of proving that the newly discovered evidence met the requirements for warranting a new trial; and 2) the court properly rejected defendant’s claim that the government violated Brady by failing to disclose evidence, as defendant cannot show a reasonable probability that this evidence would have changed the outcome of the trial.
U.S. 1st Circuit Court of Appeals, May 15, 2009 US v. Melendez-Rivas, No. 07-1962 Conviction for conspiracy and aiding and abetting a motor vehicle hijacking with intent to cause death is vacated and remanded where: 1) the district court properly denied defendant’s motion for aquittal as the evidence was sufficient to support his conviction; and 2) the district court’s intervention in questioning a defense witness went beyond the appropriate limits and elicited inadmissible, prejudicial testimony that interfered with defendant’s fair trial rights
U.S. 2nd Circuit Court of Appeals, May 13, 2009 Brisco v. Ercole , No. 05-4339 Grant of petition for habeas relief is reversed where: 1) plaintiff failed to establish that the state court’s decision was an unreasonable application of clearly established federal law, as the challenged showup procedure was not unnecessarily suggestive; and 2) the showup identification was independently reliable. .
U.S. 2nd Circuit Court of Appeals, May 14, 2009 US v. Tureseo, No. 07-2933 Conviction and sentence for reentering the U.S. after deportation, making a false claim of U.S. citizenship, and aggravated identity theft is affirmed in part and vacated in part where: 1) the district court erred when it instructed the jury in defendant’s absence, but the error did not cause prejudice and was harmless beyond a reasonable doubt; but 2) the court made a constitutional error that was not harmless beyond a reasonable doubt when it omitted an essential element of the offense in its jury instruction on the aggravated identity theft charge Continue reading
Findlaw Case Summaries: Second Circuit U.S. Court of Appeals 9
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May 14, 2009.
CRIMINAL LAW & PROCEDURE US v. Ness, No. 05-440 Conviction for conspiring to commit three money laundering offenses is reversed where: 1) a reasonable jury could not find beyond a reasonable doubt that the purpose of defendant’s transportation of narcotics proceeds was to conceal the nature, location, or source of the narcotics proceeds; and 2) the government failed to prove that defendant violated 18 U.S.C. sec. 1957(a), as it did not present sufficient evidence that a financial institution was involved. .