Libraries are bridges to information and knowledge.

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U.S. 5th Circuit Court of Appeals, April 08, 2009 Davis v. Tarrant Cty., No. 07-11223 In a 42 U.S.C. section 1983 action seeking admission to a state system of appointing attorneys in felony cases, the dismissal of the complaint is affirmed, where Plaintiff lacked standing because he failed to show that his application would have been denied had he reapplied for the position after changes in the system. .

U.S. 7th Circuit Court of Appeals, April 06, 2009 US v. Benson , No. 08-1312 District court action enjoining defendant from selling materials based on his premise that customers could stop paying federal income taxes and avoid or defeat prosecution by relying on the materials is affirmed where: 1) defendant violated 26 U.S.C. sec. 6700 by selling an illegal method by which to avoid paying taxes, and knew that his statements regarding the illegal plan were false or fraudulent; and 2) the injunction was properly issued and did not violate the First Amendment. Denial of government’s request to require defendant to divulge a list of his customers is reversed where: 1) defendant would not be harmed by identifying his customers and it would serve the public interest for the government to receive the full list; and 2) an order divulging the client list does not infringe on the First Amendment rights of defendant’s customers.

U.S. 7th Circuit Court of Appeals, April 09, 2009 City of Joliet v. New West, L.P. , No. 08-3032 In an action involving eminent domain proceedings, district court judgment is affirmed where neither the National Housing Act nor the Multifamily Assisted Housing Reform and Affordability Act preempts state and local condemnation laws.
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Mark Estes, Editorial Director of AALL Spectrum, has forwarded the following Press Release about an important study published in the March/April 2009 issue of American Libraries, the journal of the American Library Association. The study suggests that people with untreated severe mantal illness may pose a greater risk to America’s public libraries than the internet.*

PRESS RELEASE

FOR IMMEDIATE RELEASE CONTACT:

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April 8, 2009.

ALA Direct is the eNewsletter of the American Library Association.

HIGHLIGHTS:

Included in this issue is a link which our Senior Law Librarian and ALA member Philip Blue recommends for job seekers:
http://joblist.ala.org/index.cfm

ALA Connect debuts
“ALA is now providing its members a common virtual space to engage in ALA business and network with other members around issues and interests relevant to the profession. In the first phase of ALA Connect, every ALA group will have the ability to utilize posts, online docs, a group calendar, surveys, polls, chat rooms, and discussion forums. Members can log in using their regular ALA website username and password. Their records are automatically synchronized with the ALA membership database, so affiliations with committees, divisions, events, round tables, and sections are displayed. Project Manager Jenny Levine offers an overview of the site and writes: ‘I feel a little like Doctor Frankenstein-it’s aliiiiiive-but so far the patient is doing quite well.’ ”

A letter to President Obama “On March 18, ALA President Jim Rettig submitted a letter to President Obama (PDF file) to address the issues ALA members chose to share with the administration during a January 24 Town Hall Meeting during the Midwinter Meeting in Denver: ‘Libraries are perfectly positioned to disseminate information relevant to the issues and challenges that face us as a nation, the same key issues which your administration is seeking to address.’.”..

Downturn puts new stresses on libraries “As the national economic crisis deepens and social services become casualties of budget cuts, libraries have come to fill a void for more people, particularly job-seekers and those who have fallen on hard times. Libraries across the country are seeing double-digit increases in patronage, often from 10% to 30% over previous years. Many librarians say they feel ill-equipped for the newfound demands of the job, the result of working with anxious and often depressed patrons who say they have nowhere else to go….
New York Times, Apr. 1”

Google’s plan for orphan works “Millions of orphan books may get a new legal guardian. Google has been scanning the pages of those books and others as part of its plan to bring a digital library and bookstore, unprecedented in scope, to computer screens across the United States. But a growing chorus, including ALA, is expressing concern that a far-reaching settlement of a suit brought against Google by publishers and authors is about to grant the company too much power over orphan works….”
New York Times, Apr. 3–4 Continue reading

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http://www.msisac.org/April 2009 Volume 2 Number 4.

From the Desk of David Badertscher

The use of credit cards to pay for goods and services is a common practice around the world. It enables business to be transacted in a convenient and cost effective manner. However, more than 100 million personally-identifiable, customer records have been breached in the US over the past two years[1]. Many of these breaches involved credit card information. Continued use of credits cards requires confidence by consumers that their transaction and credit card information are secure. The following provides information as to how the credit card industry has responded to security issues and steps you can take to protect your information.

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Information for this list was obtained from the New York State Legislative Retrieval System (LRS):

2009 CHAPTER LIST AS OF April 10, 2009 – Listed by Chapter Law Number, Highest number listed at top.

NOTE: Provisions regarding Rockefeller drug reform are included as Part AAA of Chapter 56A.

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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw

April 8-9, 2009.

COMMUNICATIONS LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE Global Network Communications, Inc. v. City of New York, No. 07-5184 In an action involving the denial of an application for a public pay telephone franchise, district court’s grant of summary judgment for defendant is affirmed where: 1) defendant’s refusal to grant plaintiff a franchise to operate on public rights-of-way on the basis of its past history of fraud is within the scope of the safe harbor exception of Telecommunications Act sec. 253; 2) the court did not err in dismissing plaintiff’s state and federal law preemption claims; and 3) the court did not err in dismissing plaintiff’s federal constitutional claims.

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Update from the Lexis Alert Service,

April 9, 2009.

1. People v. Dunkley, 243, 4713/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2659; 2009 N.Y. App. Div. LEXIS 2557, April 7, 2009, Decided, April 7, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

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Hon. Janet Reno, former U.S. Attorney General, will receive the Justice Award, the American Judicature Society’s highest honor at a ceremony in Washington, D.C. on Friday, April 17, 2009. For more information click on the link below:

Media Release announcing Justice Award for Hon. Janet Reno

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