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Legal Research

Law Librarian Blog Law Librarian Blog

Providing information and news for the law librarian.

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Last Entry: June 17, 2013 at 14:53:00

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Spies Without Borders: The "bad for business" argument may be more persuasive than the privacy argument to Congress eventually

Posted on June 17, 2013
EFF commenced its Spies Without Borders series of Deeplink posts on June 7, 2013. From the series overview statement: Much of the U.S. media coverage of the NSA revelations has concentrated on its impact on the constitutional rights of U.S....


Milestones in the History of the Collection of Private Data

Posted on June 17, 2013
In Spies Like Us: How We All Helped Build Prism (Bloomberg Businessweek), Ashlee Vance makes the obvious case that the NSA has benefitted from the development of the open-source software that undergirds much of the consumer Web. Charles Mahtesian summarizes...


Supreme Court Action: Voter Registration and Reverse Payments As An Antitrust Violation

Posted on June 17, 2013
The Supreme Court issued five opinions today. Two of them are newsworthy and are covered first. The case of Arizona v. Inter Tribal Council of Ariz. Inc. (12-71) concerns Arizona?s requirement that voter-registration applicants submit documentary evidence of citizenship as...


Supreme Court Action: Harmless Error, Water Rights Under A Compact, And Preemption Of State Law

Posted on June 17, 2013
Here are the summaries of the other three opinions issued by the Supreme Court last Thursday. The first of these is United States v, Davila (12-167). Davila was indicted on 34 counts of filing falsified tax returns and receiving over...


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Do Law Firms Protect Sensitive Data? Cybersecurity in the BYOD Era

Posted on June 14, 2013
The Bank of America Merrill Lynch wants to know if law firms are protecting sensitive data and has begun conducting audits of its law firm clients reports ABAJ News reporter Martha Neil at Bank?s new cybersecurity audits catch law firms...


PRISM and Privileged Communications under Rule 1.6 of The Model Rules of Professional Conduct

Posted on June 14, 2013
Megan Zavieh offers some tips for protecting privileged communications between a lawyer and his or her client at Government Spying on Privileged Communications (Lawyerist). Got to wonder what, if anything, the ABA will say about this situation and how long...


Friday Fun: Seattle Public Library Sets New World Record for Book Domino Chain

Posted on June 14, 2013
From the YouTube description: The Seattle Public Library launched the 2013 Summer Reading Program by setting a new world record for the longest book domino chain! The books used to make this domino chain were either donated or are out...


In the Wake of the NSA Surveillance Revelations: Sales of Orwell?s 1984 Go Viral

Posted on June 13, 2013
In a LLB post about recent privacy articles in the Surveillance Era, Mark comments that "revelations of the sweep of the NSA data collection via PRISM should be measured against Kafka rather than Orwell." I was thinking along the same...


Is There a Correlation between Firms with Blogs and Increased Revenue? LexBlog's State of the AmLaw 200 Blogosphere Survey

Posted on June 13, 2013
Hat tip to ABAJ News Lee Rawles for LexBlog's annual State of the AmLaw 200 Blogosphere at Firms with blogs have seen increased revenue; is there a correlation? (video) tip. From the YouTube description for the below Business of Law...


A New "eHearsay" Rule of Evidence?

Posted on June 13, 2013
All things considered, this article seems timely. From the abstract of William & Mary Law prof Jeffrey Bellin's eHearsay article [SSRN] (Minnesota Law Review, Vol. 98, 2013): This Article proposes a new ?eHearsay? rule of evidence that will permit the...


Supreme Court Action: Natural DNA Is Not Patentable, Even In Isolated Form

Posted on June 13, 2013
The Supreme Court issued four opinions this morning, and one of them will have major impact on science and what is a patentable invention involving genetics and the use of DNA. The case is Association for Molecular Pathology v. Myriad...


Become a Nefarious Data Dealer, there's an online game for that

Posted on June 12, 2013
And the game is called Data Dealer. Hat tip to Ben Schiller's Fast Company Co.EXIST post, Play The Part Of A Nefarious Data Dealer And See Our Privacy-Free Future Up Close ("The point of Data Dealer--a fun online game with...


SCOTUS Unanimously Wrong in State FOIA Ruling

Posted on June 12, 2013
"Several different constitutional provisions and principles prevent states from discriminating against out-of-state residents. In light of this, it was surprising and troubling that the U.S. Supreme Court ruled unanimously in McBurney v. Young that it is constitutional for a state...


Government Surveillance And Nothing To Hide

Posted on June 12, 2013
We?ve cited Daniel Solove several times here at the LLB. He is ?one of America's leading experts on privacy law? according to Jack Balkin, and I have no reason to doubt him. Professor Solove wrote an article back in 2007...


Childhood NSA Surveillance Disorder?

Posted on June 12, 2013
Will the next edition of Diagnostic and Statistical Manual of Mental Disorders (DSM-6) add a new childhood disorder? Hat tip to Julie Sandlin. [JH]


Price Pointer for WEXIS eBooks and pBooks: A note on S&H

Posted on June 11, 2013
So the list price for Lexis bundled eBook-pBooks looks like it is a couple of dollars more that buying just the eBook alone and for some titles one cannot acquire an unbundled pBook. Of late, it appears that Thomson Reuters...


When Will ARL Library Budgets Recover to Pre-2008 Levels?

Posted on June 11, 2013
"The trends do not encourage optimism that budgets have turned the corner, and this will have consequences for the teaching and research within higher education and in the market place of scholarly communications internationally," wrote Charles B. Lowery...


ALA calls for accountability and transparency in nation?s surveillance laws

Posted on June 11, 2013
Quoting the opening paragraph of ALA's recent press release: The American Library Association (ALA) is gravely concerned, but unfortunately not surprised, at this week?s revelations that the U.S. government obtained the phone records of all Verizon customers for the last...


Monitoring the NSA PRISM Story

Posted on June 10, 2013
GigaOm's Mathew Ingram is doing an excellent job tracking mainstream media coverage of the PRISM controversy with regular updates at Through a PRISM darkly: Tracking the ongoing NSA surveillance story. See also the comments to his post because they provide...


Learning the Lesson of Supply and Demand: "Prospective law students are starting to wise up to the law school game" (but then there is Seto)

Posted on June 10, 2013
The parenthetical comment is mine. The subtitle's quoted text is Elie Mystal's. He adds in his ATL post: I don?t know if some law schools will fail, but I do know that some law students will be taken advantage of....


Want to be a Citizen Cosponsor of House Legislation?

Posted on June 10, 2013
Cosponsor.gov is a project of the Office of the House Majority Leader. Launched last week, by logging in the site with your Facebook credentials, any Facebook-using citizen can ?cosponsor? one or more pending House bills. See this "go live" post...


Supreme Court Action: Arbitration, Ex Post Facto Sentencing, and Jurisdiction

Posted on June 10, 2013
The Supreme Court issued three opinions this morning. The first of these is Oxford Health Plans LLC v. Sutter (12-135). The case concerns an arbitration clause in the contract between Sutter, a network physician, and Oxford Health. Sutter sued Oxford...


The Legal Academy as the Hopeful Monster of Evolution: Adapt to the new environment or die

Posted on June 07, 2013
One can view the evolutionary chain as a process wherein hopeful monsters appear as a result of complex changes. They are aberrations from the status quo. They may thrive for awhile but their survival depends on having the necessary means...


Hershowitz and Vergottini Working on Book about Legislative Data

Posted on June 07, 2013
Ari Hershowitz reports that he and Grant Vergottini are in the preliminary stage of writing a book on legislative data. From his Tabulaw post, First Commit: Legislative Data, the Book: We'll cover legislative data standards (e.g. Akoma Ntoso, SLIM), data...


Friday Fun: Welcome to the Jell-O of Human Expression

Posted on June 07, 2013
Since Twitter is the Jell-O of human expression, President Clinton decided to launch his account, @BillClinton. He took some lessons from his Twitter guru, Stephen Colbert, back in April. USA Today reported Clinton had more than 300,000 followers also immediately...


NSA Spies On Cats

Posted on June 07, 2013
There?s plenty of controversy brewing over disclosures that the government is tracking metadata for ALL phone calls made in the United States, followed by even more controversy when further disclosures indicated that the NSA was surveilling Internet data from major...


Out of Print Documentary

Posted on June 06, 2013
Out of Print by one-time librarian and director Vivienne Roumani was screened at the 2013 Tribeca Film Festival. Jeva Lange reviews the documentary at The move from paper to digital outlined in ?Out of Print? documentary (New York Daily News,...


Voting Underway for the 2013 Harper Lee Prize for Legal Fiction

Posted on June 06, 2013
Time to vote in the third annual Harper Lee Prize for Legal Fiction. The three candidates for best legal novel of the year are: The Wrong Man by David Ellis Havana Requiem by Paul Goldstein Defending Jacob by William Landay...


Every Picture Does Not Tell a Story If One Can't See the Graphic

Posted on June 05, 2013
On Nota Bene, Matthew Mantel reports on test driving Ravel [LLB post]. He concludes his The Picture of Legal Research ? Ravel with the following statement: In a world where the big players, Westlaw Next, Lexis Advance, and Bloomberg Law,...


Analyzing the Fine Print: Changes in Terms of Boilerplate Consumer Software License Agreements

Posted on June 05, 2013
From the abstract of Florencia Marotta-Wurgler and Robert Taylor's recent NYU Law Review article, Set in Stone? Change and Innovation in Consumer Standard-Form Contracts: This Article studies the rate, direction, and determinants of change in consumer standard-form contracting...


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