Libraries are bridges to information and knowledge.

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BY STEVEN ESSIG*

Library Trends Volume 57, issue 1 focuses on “Digital Books and the Impact on Libraries”. Issue Editor Peter Brantley, Executive Director for the Digital Library Federation (DLF), introduces the discussion by summarizing several cataclysmic developments in the library and publishing worlds that are forever changing the production, delivery and acquisition of books and other print materials: namely, the increasing centrality of Google and the resulting uncertainties over the disruption of the traditional relationships between authors publishers and libraries and the disruptive effects of ubiquitous internet technology on people’s everyday lives. Brantley asks whether there are alternatives to Google-shaped agreements for librarians and publishers and what economies would be necessary to sustain these alternative agreements.

Among the articles that follow this introduction, particularly interesting discussions include that of Jason Epstein’s “The End of the Gutenberg Era” (pages 8-16). Epstein, formerly the editorial director of Random House and founder of Anchor Books, foresees a continued place for most current versions of the physical book (though purely reference materials such as encyclopedias will go totally online) but emphasizes a change in the manner of its distribution. Increased digitization will cut back elements of the previous supply chain reducing costs of the physical inventory, packaging etc. and replacing this costly and elaborate setup with a “practically limitless digital inventory”, making it possible to “email an entire book with all necessary metadata as easily as a letter” (15). Epstein then discusses his involvement with “On Demand Books”, a company marketing an “Espresso Book Machine” which prints books on demand from online digital files. He foresees this print-on-demand technology being setup as a sort of “ATM for books” where readers could order a title at their computers (much as they currently do at Amazon.com) and then collect the item at a nearby machine, perhaps located at a Kinko’s, Starbucks or local library or bookstore. For this setup to become widespread, there would need to be cooperation with publishers and other content providers; Epstein sees it as in the latter’s interest in cutting back on the current costly distribution infrastructure as well as in the chance to “exploit new technologies and markets” (16).

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From: Resource Desk, Quinlan’s Law Enforcement Enews Alert, February 17, 2008.

Last year was one of the safest years for U.S. law enforcement in decades. The number of officers killed in the line of duty fell sharply in 2008 when compared with 2007, and officers killed by gunfire reached a 50-year low.

Based on analysis of preliminary data, the National Law Enforcement Officers Memorial Fund (NLEOMF) and Concerns of Police Survivors (C.O.P.S.) found that 140 officers died in the line of duty last year. That is 23 percent lower than the 2007 figure of 181, and represents one of the lowest years for officer fatalities since the mid-1960s.

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

February 11,17, 2009.

CRIMINAL LAW & PROCEDURE, EVIDENCE People v. Williams, No. 22mem09 The order of the Appellate Division is affirmed where there is no legal reason to upset the court’s exercise of its discretion in allowing the prosecution to use prior convictions to impeach a defendant’s testimony.

CRIMINAL LAW & PROCEDURE, INTERNATIONAL LAW People v. Romeo, No. 7opn09 Reversal of a conviction for manslaughter is affirmed where the People’s lengthy post-indictment delay occasioned by delaying their prosecution in favor of a Canadian prosecution violated defendant’s constitutional right to a speedy trial.

CRIMINAL LAW & PROCEDURE, SENTENCING People v. Taveras, No. 2opn09 Sentence for a criminal sexual act in the third degree and falsifying business records in the first degree is affirmed where the actus reus underlying the crime of criminal sexual act in the third degree does not constitute a “material element” of falsifying business records in the first degree, thus the Appellate Division correctly held that the sentencing court’s imposition of consecutive sentences for these crimes was not in error.

CRIMINAL LAW & PROCEDURE People v. Rouse, No. 8mem09 Order of the Appellate Division is reversed and the indictment dismissed where the People did not satisfy their statutory readiness obligation. .

INSURANCE LAW In the Matter of the Ancillary Receivership of Reliance Ins. Co., No. ssm2ent09 In an insurance dispute, order of the Appellate Division is affirmed where the Appellate Division did not err in concluding that the insurance company could not rely on an August 1993 letter as the basis to avoid coverage under the claims-made policy.
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February 11, 13, 17, 2009.

CRIMINAL LAW & PROCEDURE, ETHICS & PROFESSIONAL RESPONSIBILITY, SENTENCING U.S. v. Gutierrez, No. 083581 Conviction for possession of counterfeit checks and bank fraud and sentence of 24 months on each count, to run concurrently, is affirmed over claims of error that: 1) defendant’s sentence was procedurally unreasonable because the District Court did not provide defense counsel a meaningful opportunity to speak before imposing a sentence, in violation of Rule 32 of the Federal Rules of Criminal Procedure; and 2) a sentence of twenty-four months’ imprisonment was procedurally unreasonable because the District Court did not adequately consider the sentencing factors in 18 U.S.C. section 3353(a), provide sufficient reasons for imposing a sentence of twenty-four months’ imprisonment, or address defendant’s specific arguments for a non-Guidelines sentence

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To be held on April 3-4, 2009 in Tempe, Arizona.

The Sandra Day O’Connor College of Law at Arizona State University will host an international conference, Forensic Science for the 21st Century: The National Academy of Sciences Report and Beyond,” on April 3-4 in Tempe, Ariz. The focal point of the conference, for which CLE will be available, is the long-awaited National Academy of Sciences’ report on the future of forensic science, which will be released at 1 p.m. EST on Wednesday, Feb. 18, at a press briefing and via Webcast at www.national-academies.org Early registration for the conference, which offers a $250 discount off the at-the-door rate, closes on Friday, Feb. 27. The conference will include nearly three dozen renowned experts in the field, including both co-chairmen of the NAS forensic science committee, and many others. This conference is a must-attend for any practitioner who produces, uses or evaluates forensic science evidence, including prosecutors, public defenders, private attorneys, judges, forensic scientists, criminalists and others. Details: lst.law.asu.edu/FS09/index.html

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U.S. 4th Circuit Court of Appeals, February 09, 2009 Cloaninger v. McDevitt , No. 072054 In a claim against defendant-deputy sheriffs alleging violation of plaintiff’s search and seizure rights under the Fourth and Fourteenth Amendments and his due process and equal protection rights, grant of summary judgment in favor of defendants is affirmed where: 1) there was no genuine dispute of fact material to defendants’ qualified immunity suit under 42 U.S.C. section 1983; and 2) plaintiff’s state law claims had abated, were abandoned, or failed as a matter of law.

U.S. 4th Circuit Court of Appeals, February 12, 2009 Waller v. City of Danville, Virginia, No. 072099 In a claim under Title II of the Americans with Disabilities Act (ADA) alleging defendant-city violated the Fourth and Fourteenth Amendments to the U.S. Constitution by unlawfully arresting decedent using excessive force and failing to properly train officers in dealing with the disabled, grant of summary judgment in favor of defendants is affirmed where any duty of reasonable accommodation that existed under the ADA was satisfied under the circumstances.

U.S. 5th Circuit Court of Appeals, February 09, 2009 Equal Employment Opportunity Comm’n v. Bd. of Regents for the Univ. of Louisiana Sys., No. 08-30327 In a suit alleging violations of the Age Discrimination in Employment Act, denial of defendant’s motion to dismiss on Eleventh Amendment grounds is affirmed where the Eleventh Amendment does not shield a state from suit brought by a federal government agency to enforce a federal law, and the federal agency may seek make-whole relief on behalf of a private individual.
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February 09 – February 13, 2009
U.S. 1st Circuit Court of Appeals, February 09, 2009 US v. Rivera-Rivera, No. 05-2495, 05-2498
Defendants’ convictions and sentences stemming from the armed robbery of a lottery ticket business in Puerto Rico are affirmed over claims that: 1) a key witness’s in-court identification was tainted by unnecessarily suggestive pretrial encounters; 2) the government failed to meet its burden of proving that the robbery affected interstate commerce; and 3) there were multiple errors during sentencing, including that the district court improperly imposed a 25-year mandatory minimum based on facts not found by the jury beyond a reasonable doubt.

U.S. 1st Circuit Court of Appeals, February 11, 2009 US v. Combs, No. 06-2258 A conviction for being a felon in possession of a firearm and ammunition is affirmed over claims that: 1) the trial court improperly declined to give his proposed jury instruction regarding witness intimidation; and 2) the government failed to offer sufficient evidence that the firearm and ammunition had traveled in interstate commerce.

U.S. 1st Circuit Court of Appeals, February 13, 2009 US v. Campusano, No. 07-1931, 07-2442 Defendants’ sentences for drug offenses are affirmed over claims that: 1) for purposes of a drug quantity determination, defendants never intended to buy one hundred kilos and they lacked the financial capacity to do so; and 2) the district court erred in imposing a two-level sentence enhancement for obstruction of justice based on their testimony at trial.
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Update from the Lexis Alert Service,

February 13,18, 2009
1. People v. Anonymous, 5224, 5721/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1005; 2009 N.Y. App. Div. LEXIS 1001, February 10, 2009, Decided, February 10, 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.
The People of the State …
Judgment, Supreme Court, New York County (Charles H. Solomon, …

2. People v. James, 5229, 6659/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1009; 2009 N.Y. App. Div. LEXIS 998, February 10, 2009, Decided, February 10, 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.
The People of the State …
Judgment, Supreme Court, New York County (Lewis Bart Stone, …

3. People v. Davis, 5232, 5233, 2736/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1011; 2009 N.Y. App. Div. LEXIS 996, February 10, 2009, Decided, February 10, 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.
The People of the State …
Amended; Judgment, Supreme Court, New York County (William A. Wetzel, …

4. People v. White, 5194, 5680/06, 5116/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 986; 2009 N.Y. App. Div. LEXIS 1025, February 10, 2009, Decided, 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.
The People of the State …
Judgment, Supreme Court, New York County (Charles H. Solomon, …

5. People v. McCroskey, 5200, 5911/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 991; 2009 N.Y. App. Div. LEXIS 1026, February 10, 2009, Decided, February 10, 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.
The People of the State …
Judgment, Supreme Court, New York County (Michael J. Obus, …
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Martha L. Foote M.S.L.I.S, Chair of the SLA Legal Division has sent the following announcement which we are glad to post here for the benefit of some who might not otherwise see it:

The preliminary program for the 2009 SLA conference is now available on the web site at http://www.sla.org/pdfs/sla2009/09PCP_web.pdf. This year’s conference has very strong programming, much of it coming from our own division. Please take a few minutes to review the content and make arrangements to attend SLA 2009.

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Georgia K. Briscoe* of the University of Colorado School of Law Library has sent the following announcement which we are please to post here for the benefit of all law librarians and perhaps some others as well. Here is her announcement:

In case you haven’t heard, there is a new online SSRN journal which academic technical services librarians will find useful. LEGAL INFORMATION & TECHNOLOGY eJOURNAL is edited by Randy Diamond and Lee Peoples. I am pleased to be a member of the editorial board representing technical services issues. The archive already includes over 150 papers and is growing daily. This ejournal provides another avenue for TS librarians to publish.

Subscribers to SSRN will soon start receiving email issues announcing works in progress and recent publications. SSRN will issue a formal announcement soon, but the editors are pleased to provide a pre-launch viewing. Detailed information from Randy and Lee follows. I hope you will check out this new opportunity for professional growth and development.

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