The USA PATRIOT Act Today Proposed Legislation to Affect Anti- Terrorism and Individual Rights

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Volume AALL8 No. 9 July 2004 SpectrumAALL: Maximizing the Power of the Law Library Community Since 1906

In This Issue

Cyberplagiarism and the Law Librarian

Reconciling Privacy with the Public’s Right to Know

How to Answer Foreign Law Research Questions

The USA PATRIOT Act Today Proposed Legislation to Affect Anti- Terrorism and Individual Rights

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UESTION: Why does West support Q. Law Librarians?

NSWER: Because we understand the value they bring to the legal profession.

Anne Ellis, Senior Director, Librarian Relations

Law librarians have always been integral to the practice of law – and West has been their partner all along.

That’s why we support events like the AALL annual meeting, the AALL/West George A. Strait Minority

Scholarships, local librarian association chapters, and our Librarian Relations program.

From a company that’s been supporting the law for over 130 years, you shouldn’t expect anything less.

Visit Booth 216 at the meeting, or go online to west.thomson.com/librarians.

Real People. Real Partners.

Volume 8 No. 9 July 2004 AALL Spectrum letter from the editor Something for Everyone by Paul D. Healey, [email protected]

It’s July, the middle of summer, and time for AALL’s Annual Meeting. If you attend the meeting, we hope you have (or had) an enjoyable and informative time. If the meeting isn’t part of your plans, rest assured that you can read all about it in the September/October issue of AALL Spectrum. We have plenty to offer in this month’s issue as we look at such diverse topics as the privacy of court records, training law librarians, finding information on foreign law, and the current state of the USA PATRIOT Act. Balancing the privacy interests of those involved in legal cases with the public’s right to know has become a political hot potato as the Internet allows unprecedented access to court information. Internet access to court records has great benefits for court personnel and those with legitimate need for the information, but it can also provide unwarranted access for those hoping to use personal information for nefarious purposes. These are thorny issues—ones that require careful thought and study. The National Conference on Privacy and Public Access to Court Records, held in February, addressed this issue. Judy Meadows and Bob Oakley of AALL attended the conference and have provided us with a description of what went on there. Recruiting new law librarians is a topic that has gotten a fair amount of attention from Spectrum for the last two years. It is a real problem that won’t go away soon. This month we feature one approach to the issue—an innovative dual degree program in law librarianship at SUNY Buffalo. Jim Milles writes about the program that he designed and runs with the cooperation of the law school and the library school. There are a number of other programs in the country that allow people to learn about law librarianship, but not nearly enough of them. As Jim points out in his article, we need to get the word out about the profession and provide training opportunities for people starting from almost any point. Programs like the one in Buffalo let people train from whatever point they are at: a lawyer can get an MLS, a librarian can get a JD, or someone in library school can learn about the profession and the many opportunities that come with an MLS. The AALL Annual Meeting in Boston will address the increasing globalization of law and law librarianship. In keeping with that theme, Mary Rumsey, foreign, comparative, and international law librarian at the University of Minnesota Law Library, has provided us with an article about finding sources of international law. As Mary points out, all kinds of law libraries—from large academic to court and public to firm—are fielding an increasing number of questions about international law. In response, Mary’s article explores the most common types of foreign legal research questions and explains how foreign legal research specialists try to answer them. In the process she outlines some of her favorite sources for dealing with such questions. The article is helpful and fun. Mary is a past winner of the AALL Spectrum Article of the Year Award, and her work is always worth reading. The USA PATRIOT Act is a perennial hot topic with librarians. It is easy to find commentary about it and calls to action, but it can be harder to find solid information about the act itself and what is currently happening in relation to it. Leah Sandwell-Weiss has written an excellent article that explains the act’s more controversial sections and brings us up to date on the changes that are being proposed or considered. She also provides some resources for finding current information about it. The USA PATRIOT Act is of vital importance to librarians. Leah’s article is a useful awareness tool on the topic. This is the last issue of Volume 8 of AALL Spectrum. With the September/October 2004 issue we begin a new volume year, and, as is often the case, we will be making some changes. This year we would like to try a new feature on our back page. We have long considered adding a “Letters to the Editor” feature to the magazine, but I have also been interested in something a bit broader. We would like readers to send us not only letters, but also anecdotes, questions, gripes, comments, or interesting points that will pique the interest of other Spectrum readers. As long as the subject is AALL or law librarianship, we’d like to see it. Of course, we can’t promise we’ll publish everything sent to us, and items that do get published will be subject to editing. Our hope is to have a monthly feature on the back page that will be interesting, provocative, and perhaps funny. Give it some thought, and send us your ideas.

AALL Spectrum July 2004 1 86420 AALL Spectrum.july 7/1/04 1:14 PM Page 2

table of contents the details Editorial Staff Director of Publications and Managing Editor features Julia O’Donnell [email protected] Editorial Director Professional Development: Paul D. Healey [email protected] Cyberplagiarism and the Law Librarian Copy Editor Robert B. Barnett Jr. Identifying and Confronting Plagiarism Graphic Designer Kathy Wozbut from the World Wide Web ...... 6 2003–2004 Law Library Journal and AALL Spectrum by Sharon Blackburn and Stephen Good Editorial Board and Advisory Committee Chair Camille Broussard Public Relations: Anniversary Celebrations Members Sarah Andeen A Golden Opportunity for Public Relations ...... 8 Sue Burch by Sally Holterhoff Daniel R. Campbell Naomi J. Goodman A Look at the USA PATRIOT Act Today Elizabeth A. Greenfield Recent Proposed Legislation to Affect Bonnie L. Koneski-White Kathleen S. Martin Anti-Terrorism Efforts, Individual Rights ...... 10 Lisa A. Mecklenberg Jackson by Leah Sandwell-Weiss Patricia Parker Paul D. Healey (ex officio) Balancing Act Frank G. Houdek (ex officio) Reconciling Privacy with the Public’s Right to Know . . . 14 Sandra Marz (ex officio) by Judy Meadows and Bob Oakley 2003–2004 Executive Board President Janis L. Johnston Strangers in a Strange Land Vice President/ How to Answer Common Foreign Law President-Elect Victoria K. Trotta Research Questions ...... 16 Secretary Catherine Lemann Treasurer Anne C. Matthewman by Mary Rumsey Immediate Past President Carol Avery Nicholson Law Librarians as Educators and Role Models Executive Director Susan E. Fox Members Kathy Carlson The University at Buffalo’s JD/MLS Program James E. Duggan in Law Librarianship ...... 20 Ann T. Fessenden by James Milles Nina Platt Alvin M. Podboy Jr. Merle J. Slyhoff

AALL Spectrum (ISSN: 1089–8689) is published monthly columns except January and August with combined September/October by the American Association of Law Libraries, 53 W. Jackson Letter from Editor ...... 1 Blvd., Suite 940, Chicago, IL 60604. Telephone: 312/939- 4764, fax: 312/431-1097, e-mail: [email protected]. Periodicals Washington Brief` ...... 4 postage paid at Chicago, Illinois. POSTMASTER: Send address changes to AALL Spectrum, 53 W. Jackson Blvd., Suite 940, Chapter News ...... 24 Chicago, IL 60604.

Committee News ...... 26 Writers wanted — contribute to your Association’s magazine. For guidelines, visit www.aallnet.org or contact Editorial CRIV Notes ...... 28 Director Paul D. Healey at [email protected].

SIS News ...... 30 AALL Spectrum Deadlines Membership News...... 32 Articles are due on the following dates: 2004–2005 Issue Deadline Vol. 9, No. 2 November August 19 No. 3 December September 23 center insert No. 4 February December 2 Copy sent through a columnist or guest editor should be Members’ Briefing submitted to him or her well in advance of the monthly deadline. Multi-National Management AALLNET: www.aallnet.org by Carol N. Rogers Advertising Representatives Benson, Coffee & Associates 1411 Peterson Ave., Park Ridge, IL 60068 Telephone: 847/692-4695 • Fax: 847/692-3877 E-mail: [email protected]

AALL Spectrum is a free benefit of membership in the American announcements Association of Law Libraries. Of each year’s dues, $42 is for one year of AALL Spectrum. Nonmembers may subscribe to AALL Research Grant Awarded ...... 25 Spectrum for $75 per year. For membership and/or subscription information, please contact the American Association of Law Libraries at the address above.

The American Association of Law Libraries does not assume any responsibility for the statements advanced by the contributors to, nor the advertisers in, the Association’s publication. Editorial views do not necessarily represent the official position of the Association. All advertising copy is subject to editorial approval. ∞ AALL Spectrum is printed on acid-free, recycled paper.

departments All contents copyright 2004 by the American Association of Law Libraries, except where otherwise expressly indicated. Ad Index...... 34 Except as otherwise expressly provided, the author of each item in this issue has granted permission for copies of that item to Memorials ...... 34 be made for classroom use or for any other educational purpose, provided that (1) copies are distributed at or below cost, (2) Professional Development Calendar ...... 35 author and AALL Spectrum are identified, and (3) proper notice of copyright is affixed to each copy. For items in which it holds copyright, the American Association of Law Libraries grants permission for copies to be made for classroom use or for any other educational purpose under the same conditions.

2 AALL Spectrum July 2004 86420 AALL Spectrum.july 7/1/04 1:15 PM Page 3

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LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. It’s How You Know is a trademark of LexisNexis, a division of Reed Elsevier Inc. AL7124 © 2004 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. 86420 AALL Spectrum.july 7/1/04 1:15 PM Page 4

washington brieff by Mary Alice Baish Janis Johnston Testifies at GPO Oversight Hearing

AALL President Janis Johnston affirmed recent Mellon study that found the average Its two lead sponsors, Rep. Rick Boucher our strong commitment to public access to duration of an electronic publication on a (D-Va.) and Rep. John Doolittle (R-Calif.), government information and a robust government Web site is four months. No appeared before the subcommittee to state Federal Depository Library Program government-wide processes exist to ensure that while they supported the 1998 Digital (FDLP) in the 21st century in testimony on the entire lifecycle of electronic government Millennium Copyright Act (P.L. 105-304), six April 28 before the Committee on House information—from creation to management years later it is clear to them that the DMCA Administration at the oversight hearing on and dissemination to permanent public has eroded user rights. Under the DMCRA, it the Government Printing Office (GPO). access and preservation. Johnston concluded would not be a violation of Sec. 1201 of the She appeared on behalf of five national her remarks by warning that as the DMCA to circumvent a technological measure library organizations—AALL, government and its information in connection with gaining access to or using a American Library Association, become increasingly electronic, digital work if the circumvention does not result the Association of Research more and more information in an infringement of the copyright in the work. Libraries, the Medical is at risk of becoming This was one of the most significant and Library Association, irretrievably lost not balanced copyright hearings in memory. The and the Special Libraries only to this generation, subcommittee’s leadership, Rep. Cliff Stearns Association—and but also to future (R-Fla.) and Rep. Janice Schakowsky (D-Ill.), asked members of the generations. In thanking should be applauded for inviting 12 committee to reaffirm the Johnston for her individuals equally representative of both the public’s right to no-fee statement and appearance content and public interest communities to access to government before the committee, testify. Among the witnesses were Stanford information. Ranking Member John Law Professor Larry Lessig; Jack Valenti, Johnston noted that Larson (D-Conn.) said that president and CEO of the Motion Picture the more than 1,200 federal he is sympathetic to her Association of America; Miriam Nisbet, depository libraries come in all concerns. You can find Johnston’s legislative counsel for the ALA Washington shapes and sizes—public, academic, law, statement online at www.ll.georgetown.edu/ Office who testified on behalf of the library special, federal agency, research, and medical aallwash/st04282004.html. community; and Robert Holleyman, president libraries. The FDLP must recognize that Public Printer Bruce James also testified and CEO of the Business Software Alliance. different types of libraries have different at the hearing and said that he plans to Lessig argued that today copyright law is a needs and serve different users. She expressed unveil his new strategic plan for the GPO tool of the dominant commercial interests to her concern that some depository libraries this summer following the completion of a prevent competition and that fair use for the are dropping out of the program for a study by the General Accounting Office. digital age must be restored. Valenti countered number of different reasons. She pointed out We are likely to see another congressional by arguing that H.R. 107 would legalize that GPO has decreased significantly the hearing on GPO either this fall or early hacking of copy protection measures and number of print titles distributed through next year. In the meantime, please join us put at risk our nation’s intellectual property the program during the past several years, for program C-2 in Boston, “The Virtual industry, which includes more than 5 percent mostly as a result of the increased amount Federal Depository Library Program: A of our gross domestic product. Nisbet of “born digital” government information. Reality for the 21st Century” (Monday, explained that the DMCA provided additional Johnston explained that GPO should July 12, 9-10 a.m.). James will discuss his protections for copyright owners but that it strive to provide documents to depository vision for the GPO and the FDLP, as well omitted corresponding allowances for fair libraries in the most suitable format to meet as his new strategic plan. use and other exceptions that are crucial for their users’ needs. Users of legal government libraries to fulfill their missions in the digital information often require access to Hearing on H.R. 107—More age. The hearing lasted more than five hours. authenticated legal materials. Today, important Co-Sponsors Needed! You can find both the Webcast of legal titles available only electronically through We were very pleased that the House the hearing and links to the witnesses’ the Internet—whether through GPO Access or Energy and Commerce Committee’s statements on the Energy and Commerce on agency, congressional, or court Web sites— Subcommittee on Commerce, Trade, and Committee’s Web site at: http://energy are not authenticated. In her oral comments, Consumer Protection held a hearing on commerce.house.gov/108/Hearings/051220 Johnston quoted the following disclaimer for May 12 on H.R. 107, the Digital Media 04hearing1265/hearing.htm#Webcast. the electronic version of Supreme Court slip Consumers’ Rights Act of 2003 (DMCRA). Lastly, please check THOMAS for the opinions on the court’s Web site: “These The bill would restore the historic balance current list of cosponsors of H.R. 107 and electronic opinions may contain computer- in U.S. copyright law. The library contact your representatives to either urge generated errors or other deviations from the community strongly supports H.R. 107 them to become a cosponsor or thank them official printed slip opinion pamphlets.” This because it reaffirms fair use in a networked for their support. important point seemed to resonate with some environment, resolves key concerns Mary Alice Baish, associate Washington of the committee members. regarding hardware and software that affairs representative, Edward B. Williams In addition, vast quantities of “born permit significant non-infringing uses, Law Library, 111 G Street, NW Washington, digital” documents appear and disappear and allows researchers to engage in the D.C. 20001-1417 • 202/662-9200 • fax: from government Web sites without notice scientific research of technological 202/662-9202 • [email protected] and without a trace. Johnston pointed to a protection measures. • www.ll.georgetown.edu/aallwash.

4 AALL Spectrum July 2004 86420 AALL Spectrum.july 7/1/04 1:15 PM Page 5

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professional development series

November 2002 issue of Hastings Law Journal. Law librarians must protect their legal writers from committing plagiarism by educating them in the pitfalls and consequences of borrowing without attribution. Plagiarism and the Web Plagiarism certainly predates the Internet. What has changed recently is that stealing content is now a matter of cut and paste rather than re-typing. The amount and quality of online content is staggering; Internet plagiarism is made both too easy and too tempting by the combination of greater ease of integrating stolen text, the belief you won’t be found out (because you’ve gone somewhere really obscure on the Web), and pressures (deadlines, the need to succeed, and over-representing your academic ability). The Internet provides dozens of paper The amount of content on the Web is mills—collections of student papers. aw librarians often attempt to push vast and growing rapidly. Of more concern Some, including Direct Essays, contain papers created for law school assignments. the envelope of creative and from a plagiarism perspective is that the L proactive research. An excellent fastest growing portion is the invisible way to impress law faculty, judges, and Web—that segment of the Internet that is attorneys with our cybersleuthing skills is not indexed by Google and other search to reveal the new possibilities the Internet engines. The Internet also provides a has opened for both plagiarism and wilderness of documents other than journal Cyberplagiarism tracking down Web plagiarizers. Why should law librarians, who do not grade papers, care about plagiarism? and the Law The act of passing another’s words, AALL Professional Development organization, and thoughts as one’s own Program Competencies of Law Librarian breaches ethical standards of scholarship. Librarianship And many experts agree that the 1 Core Competencies consequences reach far deeper. Beyond Specialized Competencies Identifying and ethical considerations, students and 2 Library Management attorneys who violate such standards find 3 Reference, Research, and Confronting Plagiarism themselves facing reprimands, suspension, Patron Services expulsion, and even disbarment, according 4 Information Technology from the World Wide Web 5 Collection Care and Management to Lisa G. Lerman in the spring 2001 issue 6 Teaching by Sharon Blackburn and Stephen Good of South Texas Law Review and Wayne Schiess in the summer 2002 issue of This article addresses the AALL Specialized Competencies on Reference, The Career Development Task Force, Review of Litigation. Research, and Patron Services. The which coordinates the Desktop Learning Violators often find that their complete AALL statement of Opportunity Series, encourages members to explore misappropriations result in embarrassing Competencies of Law Librarianship is public scrutiny. For instance, law professor online at www.aallnet.org/prodev/ professional development offerings and competencies.asp. opportunities at the local, regional, and national Alan Dershowitz was recently accused of levels. We welcome your comments and article plagiarism (www.hlrecord.org/news/2003/ suggestions. Please contact Phyllis Marion at 10/09/News/Dershowitz.Denies.Plagiarism. 619/525-1429 or [email protected]. Charges-524390.shtml). And even law articles and books that could either be librarians can fall victim to the ease of plagiarized or prove instrumental in what cyberplagiarism. For a personal account, we have termed “reverse engineering”— read “A Funny Thing Happened on the working papers, Web log discussion Way to the Web: A Cautionary Tale of threads, even lower level court documents Plagiarism” in the summer 2001 issue of that could provide both case authorities Law Library Journal. and document/argument outlines for a Plagiarism can also result in copyright would-be plagiarist. infringement and might even constitute Those who use the Internet in a lazy, theft, according to Stuart P. Green in the cut-and-paste fashion can easily be found

a desktop learning opportunity

out (see “How to Track Down Possible But students who find papers that are Plagiarism” on this page). Those who are outside the Google radar and students who willing to pay $10 per page will be reverse engineer online documents will be How to Track Down surprised that even legal essays are now much harder to catch. As with cops and Possible Plagiarism showing up on essay Web sites. Dozens robbers, each quantum leap in lawbreaking of paper mills—collections of student technology requires a similar escalation in Look for unique words and papers—infest the Internet. We found crime-detecting technology. phrases to use in a search. three sites that include papers created for law school assignments: Direct Essays Cyberplagiarism Detection Use terms and connectors searches (www.directessays.com/), Essays Now Programs and Schemes in LexisNexis, Westlaw, and other (www.essays-now.com/), and School Sucks So how can a librarian arm her faculty, fee-based legal services in databases (www.ra-schoolsucks.com/). Another judges, and attorneys against the insidious that include law reviews, journals, cyberplagiarism temptation that these sites threat of cyberplagiarism? In addition to proceedings, treatises, or court provide is help composing the law school being familiar with the possible sources briefs. (For more information, see admissions essay. Note to faculty: Make most likely to be plagiarized, she can “Using Electronic Research to topics current and specific and warn students also become familiar with the software Detect Sources of Plagiarized that you may want to see the work product programs that claim to detect and deter Materials” in 9 Perspectives: Teaching behind a paper (notes, printouts, etc.). plagiarism. Legal Research and Writing.) The new spin that the Internet puts on Glatt Plagiarism Screening Program www.plagiarism.com plagiarism is reverse engineering; rather than Run unique words and phrases in Based on the theory that each person stealing actual text, you steal and essentially the advanced search features of writes in a unique style and can replicate recycle the research another person has Google and Yahoo. David Alan missing words and phrases, the Glatt done with no word-for-word borrowing. Black gives step-by-step instructions Plagiarism Screening Program runs In other words, the writer offers no fresh for researching suspicious phrases through an electronic paper and eliminates perspectives, no fresh research, and often with Google in his article, “Tracing every fifth word. The suspected plagiarist uses the exact same organizational structure Web Plagiarism: A Guide for then attempts to fill in the missing words. as the source material. Teachers” (http://icarus.shu.edu/ The more correct words the suspected For example, a student writes a paper dblack/webcheat/onepage.html). plagiarist supplies, the less likely it is that on gun control. He or she finds an article Also try a meta-search engine such the document is plagiarized. in Westlaw or LexisNexis, a lengthy as Vivísimo. discussion on a Web log, and a discussion The program compiles the number of matching (and miss-matching) words and paper on www.nra.org. Rather than using To detect reverse engineering, run gives an estimate on the percentage of the any of the authors’ words, the student a search combining several of the paper plagiarized. Of course, the screening steals the structure and sequence of the sources cited in the suspected program can only work when a professor, arguments, prints off the articles cited, document. If a search returns an judge, or attorney identifies a suspected looks up the cases mentioned, and makes article or treatise chapter, check if the plagiarist. The screening program is arguments and conclusions parallel to paper duplicates the organization, “typically used in academic institutions those in the source but worded differently. notes, and/or bibliography. Of course, you could also do this or in the legal profession for cases of with a print article. What the Internet copyright infringement,” Dr. Glatt claims. Unfortunately, he lists no law schools or Pay special attention to footnotes. has changed is the speed with which you Are the cited journals and books can carry this process out. Within minutes law firms that use the program. Turnitin.com www.turnitin.com only available online—that is, are you have the full text of 10 or 20 articles they not owned by the library? Is that an author has collocated for you. Probably the best-known detection service, Turnitin certainly has the most there extensive citing of Web sites Discussion on the Web may even draw and online documents? Does the your attention to specific sections of cases bells and whistles. A professor can register individually; a number of universities have whole paper seem too slick for a and/or articles. The Internet allows you to One-L or Two-L (apart from turn a bibliography or a string of footnotes site licenses. Students send completed papers to the Turnitin Web site, which obvious cut and paste gaffes like into a stack of articles to work from. leaving in the line, “as my colleagues Online documents will allow you to zero checks the papers against a massive archive of other student papers and proprietary and I on the Arizona Supreme Court in on the quotations you want. You cut have noticed …”)? and paste legitimate quotations, give the databases as well as against Internet search citations, but fail to mention the source engines (LexisNexis, Westlaw, and other for-fee legal databases are not yet Become familiar with the Legal document that made all this possible. The Writing Institute, which has student’s work creates segues between the included). Turnitin can generate reports that developed a model policy for quotations from the articles he or she has law schools regarding plagiarism been handed. not only identify possible plagiarizing but also identify the alleged source of the (www.lwionline.org/publications/ Lazy plagiarists will still be caught; the plagiarism/). uneven style of their papers, the disparity plagiarized material. One interesting twist between their written papers and class to Turnitin’s growing archive is the report participation and exams will be obvious. (continued on page 34)

AALL recognizes major support from BNA, Inc. for the Professional Development Program. AALL Spectrum July 2004 7 86420 AALL Spectrum.july 7/1/04 1:15 PM Page 8

public relations

very day is the anniversary of But anniversary celebrations don’t have to something, as Oscar Wilde once be exclusively about the past, and they E rather cynically observed. “Most don’t have to be boring. Reviewing what modern calendars mar the sweet an organization has stood for and where it simplicity of our lives by has been can inspire present-day activities reminding us that each day that and suggest directions for the future. passes is the anniversary of some While I claim no particular expertise perfectly uninteresting event,” in the planning of anniversary observances, he wrote. I am a member of several groups that have In the life of a person designed and carried out such celebrations or an organization, a major in recent years or that are in the process of anniversary—one that is doing so. This has provided me with an interesting—comes along up-close look at the following examples every so often. By tradition, of anniversaries “done right” in order to milestones such as 10th, 30th, deliver good public relations value. or 100th anniversaries are commonly selected for Profile-Raising in the Legal recognition. Etiquette books Community and greeting card companies As the time approached for the 50th remind us that 25 years is the anniversary of the Chicago Association silver anniversary and 50 years of Law Libraries (CALL), the chapter is the golden one. But with assigned the task of creating an appropriate careful planning, almost any celebration to a committee chaired by anniversary celebration can Mary Lu Linnane, associate director for produce a groundswell of good technical services at Rinn Law Library, public relations. DePaul University College of Law. Anniversaries are often Looking back, Linnane explained that about relationships—public committee members identified two main or personal or both. When we goals for the 1997 celebration: to celebrate observe such an anniversary, in a way that involved the entire CALL we acknowledge and reflect on membership and to help raise the profile of the development of a particular law librarians, particularly in the Chicago relationship between two legal community. individuals or among members By soliciting contributions from a large of an organization or institution. number of sponsors, the committee was In the case of corporate able to put on a half-day event that every During its 125th anniversary celebration, Valparaiso University School of Law saw an increase in anniversaries—of a library, a member of the chapter could attend free of applications and fund-raising contributions. law firm, a law school, or a professional charge: a seminar (“From Then Until Now organization—the occasion can be an and Beyond: The Impact of Librarians on energizing experience for current employees the Legal Community”) held at John or members and can provide a good excuse to Marshall Law School, followed by an reconnect with former colleagues. By focusing attention on the organization’s mission and accomplishments, an anniversary celebration can raise the profile of the organization and create goodwill with outside groups and the Anniversary general public. Just what needs to be done to make an Celebrations anniversary celebration interesting and a source of good public relations? Creating a celebration that is both appropriate and fun A Golden Opportunity involves research and planning that must begin months, maybe even years, in for Public Relations advance. Planning should begin with a CALL hung eight-foot banners featuring its anniversary logo goal for the celebration and an intended around Chicago in March 1997. by Sally Holterhoff message to deliver. Decisions on how to mark an anniversary must take into account the size, resources, and target elegant reception at the Chicago Bar audience of the group or institution. Association Building next door. Invited The prospect of looking back over years of dignitaries included elected officials, history and records of past accomplishments attorneys, judges, and law deans. Each may seem daunting—and dull—to some. CALL member also received a copy of a

special 50th anniversary issue of the as a keepsake booklet and distributed chapter’s newsletter, the CALL Bulletin. to all members, the history compilation To catch the attention of Chicagoans, highlighted the growth of ORALL and the The Six R’s—Tips arrangements were made for eight-foot many information innovations produced for Making Your banners featuring the CALL anniversary by its members, while also offering Anniversary a logo to be hung from street poles around projections about the future of the chapter City Hall and along a prominent street and the profession. PR Success throughout the celebration month of Carrick summed up the results of the March 1997. The Chicago City Council event. “The anniversary celebration really Research—In order to pay passed a proclamation congratulating focused our attention as a chapter and tribute to the past, a search CALL, and so did the Illinois legislature. helped us set a new agenda for the future,” through old records or archives “While the long-term effects are largely she said. will be needed to identify intangible, we know that celebrating our significant events and key people. anniversary focused attention on law Celebration Boosts Recruiting This is an opportunity for librarians as valuable professionals, for and Fund-Raising librarians to use their expertise in those within the Chicago legal community More recently and right here at home, retrieving information. Displays and beyond,” Linnane said. “That, plus the I have been caught up in anniversary of historical materials add to the strong feeling of goodwill created among planning and events at the Valparaiso mood of the celebration. our own members, made all the planning University School of Law, where we Reflect—To stay on track, it’s and preparation worthwhile.” The CALL have been marking the school’s 125th important to identify the target anniversary celebration subsequently anniversary in 2003-04. Much attention audience (individuals or groups received the AALL/West Excellence in has gone into research, design, and to whom the celebration is Marketing Best Campaign Award for 1998. organization, making this anniversary an integral part of law school life throughout directed) and then articulate an Celebrating the Past and the year. appropriate message. A theme or Forecasting the Future A striking commemorative poster slogan conveying that message Three years of planning by members of the by artist Mitch Markovitz represents the can be effective in coordinating Ohio Regional Association of Law Libraries anniversary visually with a scene in the law all activities, while a special (ORALL) preceded the celebration of school’s courtroom, communicating the anniversary logo will provide the chapter’s 50th anniversary in 1999. message of “125 years of teaching and further emphasis. Kathy Carrick, law librarian and associate learning.” Coverage by the Chicago legal Recognize—Anniversaries are professor of law at Case Western Reserve press has raised the visibility of the law the perfect time to honor past University Law School Library, served as school beyond our small city in northwest leaders and to express gratitude co-chair of the Anniversary Committee. Indiana. A book documenting the school’s for their contributions to the Recently she reflected on the events of five past and present, “And, We Must Make organization’s progress. years ago. “Celebrating this anniversary Them Noble”; A Contextual History of the brought ORALL a renewed sense of unity Valparaiso University School of Law 1879- Reach Out—Planned activities and purpose and emphasized our role as 2004 by Michael Swygert, was published should include at least one a regional organization,” she said. by Carolina Academic Press. After a series special occasion that brings the The chapter began the festivities by of special speakers and events throughout organization’s leaders—past and hosting a champagne and dessert reception the school year, the anniversary festivities present—together with current for ORALL members, friends, and invited culminated in a black tie gala held at the members. dignitaries at the 1999 AALL Annual Field Museum in Chicago on May 1. Meeting in Washington, D.C. The Among Valpo law grads who have Reinforce—Anniversary celebration culminated at the ORALL become law librarians is Doug Lind, celebrations offer a perfect annual meeting that October in Columbus, collection development librarian at the chance to identify and affirm Ohio. The opening reception was held at Edward Bennett Williams Library of the organization’s strengths and the historic Ohio State House. The next Georgetown University Law Center. build loyalty. day’s educational programs were followed A member of the class of 1992, Lind has by an elegant anniversary banquet, with been following the 125th anniversary Rally and Recharge—The best featured speaker Bob Berring, director of events by reading the Valpo Lawyer alumni celebrations are those that go the law library and professor of law at the magazine and by checking the Web site, beyond entertainment to create University of California School of Law www.valpo.edu/law/125th/. “For me, momentum for the organization’s Library in Berkeley. hearing about the 125th anniversary has future. Besides creating great A special logo was designed for the been a good reminder of my connection public relations, an anniversary ORALL anniversary, and it appeared on to Valpo School of Law and of why I’m celebration can provide program materials, as well as on t-shirts proud to be an alum,” he said. inspiration and spark the that were sold and on commemorative While it is too soon to gauge the enthusiasm necessary to coasters that were given to members. long-term effects of the 125th anniversary capitalize on current activities Joanne Beal, law librarian at the Dayton celebration at Valparaiso University School and launch new initiatives. Law Library Association, compiled an impressive history of the chapter. Published (continued on page 34)

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The Basics As law librarians, most of us know the history of the PATRIOT Act. Congress passed the 131-page law in a time of deep national trauma—six weeks after the terrorist attacks of September 11, 2001. While library organizations and civil libertarian groups raised immediate concerns, the administration eventually pushed a version through Congress, even though it had not been thoroughly reviewed. There were no hearings; little legislative history exists. The act passed the House by a vote of 357 to 66 and the Senate by a vote of 98 to 1. The PATRIOT Act amended more than 15 existing statutes. Many of these changes are not tied specifically to terrorism, and many had been proposed Photo by Spencer Platt/Getty Images Platt/Getty Spencer by Photo prior to September 11, 2001. There are Protesters hold up signs outside of Federal Hall during a demonstration against Attorney General six major sections of the act. John Ashcroft September 9, 2003, in New York ore than two years after its Title II: Enhanced Surveillance City. Ashcroft was speaking about the progress America has made on the war on terrorism through passage, the Uniting and Procedures—Title II contains the sections implementation of the USA PATRIOT ACT. M Strengthening America by that most librarians and civil libertarians Providing Appropriate Tools Required to worry about, including Section 215 Intercept and Obstruct Terrorism (USA concerning business—including library— PATRIOT) Act of 2001 is still in the news. records; Sections 214 and 216 dealing Yet depending on who’s doing the talking, with new rules for trap and trace and opinions of the act vary greatly. pen register authority; Section 206 AALL recently joined the American authorizing roving wiretaps under certain Library Association, four states, and 290 circumstances; and Section 213, the “sneak cities and counties in passing a resolution and peak” provision that allows delaying A Look against portions of the act. President notice of the execution of a search warrant. George W. Bush appears to be making support for expansion and extension of the at the USA act a key point in his re-election campaign. PATRIOT Act Resources The American Civil Liberties Union (ACLU) has stated that it “take[s] away American Civil Liberties Union PATRIOT Act checks on law enforcement and threaten[s] www.aclu.org the very rights and freedoms that we are Today struggling to protect.” Attorney General American Library Association John Ashcroft and others credit it with www.ala.org/ala/pio/mediarelations/ breaking down the wall between criminal patriotactmedia.htm Recent Proposed and intelligence agencies. And other conservatives, ranging from former Bill of Rights Defense Committee Legislation to Affect Representative Bob Barr (R-Ga.) to Phyllis www.bordc.org Anti-Terrorism Efforts, Schlafly, founder and president of Eagle Center for Democracy and Technology Forum, object to it as a threat to personal www.cdt.org Individual Rights privacy and liberty. “Librarians have long believed that Electronic Frontier Foundation by Leah Sandwell-Weiss protecting every citizen’s right to privacy www.eff.org in their pursuit of knowledge is essential to an open, democratic society,” said AALL Electronic Privacy Information Center President Janis L. Johnston. “Certain www.epic.org provisions of the PATRIOT Act open up library users’ records to law enforcement Technically Legal Signs for without the check of a court-issued subpoena. Your Library That’s why AALL’s Executive Board passed a www.librarian.net/technicality.html resolution in opposition to those provisions. All of us want to thwart terrorism, but AALL U.S. Department of Justice believes that can be done without sacrificing www.lifeandliberty.gov everyone’s right to privacy.”

Title III: International Money discretion to turn down an application as records; if there are no records, nothing Laundering Abatement and Anti- long as it met the criteria of the statute, and can be seized. ALA also developed an Terrorist Financing Act of 2001—Title specifics of the court order had to be kept extensive set of Web pages concerning III amends money laundering statutes. secret. These provisions, including the the PATRIOT Act (www.ala.org/ala/pio/ Title IV: Protecting the Border—Title secrecy, made sense at the time because the mediarelations/patriotactmedia.htm). IV contains provisions for screening and aim was not criminal prosecution, but rather AALL, ALA, and other library tracking non-citizens and for detaining the detection of foreign intelligence activities. organizations presented a satellite suspected terrorists. Section 215 changed previous law in teleconference on safeguarding patron Title V: Removing Obstacles to two ways. First, the foreign espionage/ privacy in December 2002. One librarian, Investigating Terrorism—Title V contains agent of a foreign power limitation was Jessamyn West, designed humorous provisions authorizing rewards for removed. Instead, the FBI now needs only “technically legal” signs (available at information, lowering requirements to issue to establish that the records would be used www.librarian.net/technicality.html) for national security letters in order to get various “for an investigation to protect against posting in libraries to warn patrons of types of business records without court orders, international terrorism or clandestine possible visits by the FBI. The ACLU and permitting greater access disclosure of intelligence activities.” U.S. persons, (www.aclu.org), Center for Democracy student records under the Federal Educational defined as citizens and resident aliens, and Technology (www.cdt.org), Electronic Rights and Privacy Act (FERPA). cannot be investigated solely on their First Frontier Foundation (www.eff.org), and Title VIII: Strengthening the Amendment activities. However, a U.S. Electronic Privacy Information Center Criminal Laws against Terrorism—Title citizen’s records could be seized as part of (www.epic.org) also published materials on VIII amends the definitions of various an investigation into someone else. their Web sites analyzing the PATRIOT crimes, including domestic terrorism, harboring terrorists, and providing material support or resources to terrorists, and makes other changes to federal criminal law. Title IX: Improved Intelligence— Title IX amends the National Security Act of 1947 to expand the responsibilities of the director of the CIA, add the investigation of international terrorist activities to the definition of foreign intelligence, and require the Department of Justice (DOJ) to “expeditiously” provide foreign intelligence discovered in a criminal investigation to the director of the CIA. Certain sections of the PATRIOT Act are due to expire on December 31, 2005. For example, Sections 206, 214, and 215 will expire, while Sections 213 and 216 will not. However, investigations can still continue into activities covered by the expired sections, if they began or involve activities that occurred before the expiration date. Images Frazza/AFP/Getty Luke The PATRIOT Act also includes President George W. Bush makes remarks on the USA PATRIOT ACT in Hershey, Pennsylvania, on April 19, 2004. Bush has launched a campaign to get an extension of the controversial anti-terrorism legislation. provisions requiring the DOJ to periodically report information about the use of many of the provisions, including Section 215 also re-defined the type of Act. The Bill of Rights Defense Committee Section 215, to Congress. The DOJ has records that could be seized to include “any (www.bordc.org) organized to lobby for made the required reports, but has tangible things … for an investigation to and keep track of communities that passed classified many of the details. protect against international terrorism or resolutions against the act. clandestine intelligence activities.” These In response to growing opposition Objections from Librarians changes, combined with the remaining to the act, the DOJ created a Web site Librarians were in the forefront of older provisions (no real discretion to turn (www.lifeandliberty.gov) to specifically opposition to the PATRIOT Act, primarily down an application and secrecy) led address the PATRIOT Act “myths.” because of Section 215. Under the earlier librarians and others to fear that the FBI The DOJ stresses the bipartisan and version of the Foreign Intelligence could and would use this provision in order overwhelming support for the act that was Surveillance Act (FISA), a secret FISA court to seize library records, book store records, present when it passed and lays out the could order the seizure of a limited group and other private records. Most librarians justifications for the provisions in the act. of business records—such as lodging, feared this would impact patrons’ rights to According to the DOJ, the act was needed storage, and car rental records—without privacy and to access information freely. to allow investigators to use the tools that showing actual probable cause, if the target Librarians and library organizations were already available to investigate was “linked to foreign espionage” and an reacted by speaking out and taking action organized crime and drug trafficking, “agent of a foreign power.” There was no to minimize the retention of patron facilitate information sharing between

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government agencies, and update the law defense argues that he was a volunteer them, but finding that the provision was to take into account new technologies and Webmaster and simply maintained some not sufficiently overbroad as to justify a threats. The Web site also lists the successes Web sites and occasionally posted materials national injunction. the department believes are due to the protected by the First Amendment. Al- In related litigation, the ACLU and PATRIOT Act, including the identification Hussayen was acquitted of the terrorism other organizations filed a Freedom of and disruption of more than 150 terrorist charges against him on June 10, 2004. Information Act (FOIA) request with the threats and cells, the discovery and break- On July 30, 2003, the ACLU filed suit DOJ in August 2002, requesting the release up of four terrorist cells, and the launching on behalf of six advocacy and community of statistics related to the government’s of 70 investigations into terrorist financing. groups whose members and clients believe implementation of the act. After the request In late summer of 2003, Ashcroft they are currently the targets of investigations was denied, they filed suit; on May 19, began a publicity tour to raise support for because of their ethnicity, religion, and 2003, the District Court of the District of the act. In a speech given on September 15, political associations. This suit specifically Columbia ruled that the information could he called the concerns about the act challenges the constitutionality of Section be withheld on national security grounds “baseless hysteria” and implied that the 215. The Eastern District of Michigan, (ACLU v. Dept. of Justice, 265 F. Supp. 2d ALA had been “convinced” by others that Southern Division, heard arguments in the 20 (D.D.C. 2003)). The same parties filed the FBI was only interested in finding out case, Muslim Community Association of Ann another FOIA request in October 2003 what people were reading. Two days later, Arbor et al. v. John Ashcroft, on December 3, requesting information on the use of Ashcroft spoke with ALA President Carla 2003. No decision had been made as of the Section 215. Suit was filed when the request Hayden; shortly thereafter he de-classified writing of this article. was denied; the case is still pending. information on the number of times DOJ In Humanitarian Law Project v. In late April, the ACLU was able to had utilized Section 215: zero. Ashcroft, No. CV03-6107 ABC(MCX), release information about another suit 2004 WL 547534 (C.D. Cal. Mar. 21, it had filed on April 6 against DOJ, Litigation Efforts 2004), a small portion of the act was challenging the FBI’s authority to issue So far only a few cases have been brought declared unconstitutional on March 17, national security letters without judicial challenging portions of the PATRIOT Act. 2004, when a judge ruled that the section oversight. In order to prevent violating In the relatively few criminal prosecutions of the act prohibiting providing “expert secrecy requirements, the ACLU had to involving use of the act, most defendants advice or assistance” to people designated file the suit under seal and was unable to have chosen to plea bargain rather than risk as “foreign terrorist organizations” was disclose any information about the lengthy jail sentences. Sami Al-Hussayen, impermissibly vague. However, the judge litigation until reaching an agreement with an Idaho computer science student, has limited his decision to the specific the government. Much of the copy of the fought the charges that he conspired to organizations and individuals who had complaint has been blacked out; the support terrorism by his actions as a sued, granting an injunction prohibiting ACLU was not even able to identify the Webmaster to Islamic Web sites. His the enforcement of this provision against other party filing the complaint.

Table 1: Proposed Anti-Terrorism Related Legislation

Name Bill Number Provisions Sponsor Co-Sponsors Status

The Antiterrorism Tools H.R. 3037 Would permit the government to seize Rep. Tom Feeney None Referred to the Subcommittee Enhancement Act of records and compel testimony in (R-Fla.) on Crime, Terrorism, and 2003 terrorism cases without prior review Homeland Security on October by a court or grand jury 22, 2003

The Pretrial Detention H.R. 3040 Would permit the government to deny House: Rep. Bob House: 3 House version referred to the and Lifetime bail without proving danger or flight risk Goodlatte (R-Va.) Subcommittee on Crime, Supervision of S. 1606 for a laundry list of federal crimes said Senate: 1 Terrorism, and Homeland Terrorists Act of 2003 to be terrorism-related (under current Senate: Sen. Jon Security on October 22, 2003 law, pretrial detention is available for all Kyl (R-Ariz.) federal crimes, but a presumption of Senate version read twice and detention only applies to terrorism referred to the Committee on the crimes if they are “acts of terrorism Judiciary on September 10, 2003 transcending national boundaries”)

The Terrorist Penalties H.R. 2934 Would create a new death penalty for House: Rep. John House: 83 House version referred to the Enhancement Act of “domestic terrorism” when death Carter (R-Texas) Subcommittee on Crime, 2003 S. 1604 results Senate: None Terrorism, and Homeland Senate: Sen. Arlen Security on September 4, 2003; Specter (R-Pa.) hearings held and amended version sent to full Judiciary Committee on April 21.

Senate version read twice and referred to the Committee on the Judiciary on September 10, 2003

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Table 2: Proposed Legislation to Limit the USA PATRIOT Act

Name Bill Number Provisions Sponsor Co-Sponsors Status

Freedom to Read H.R. 1157 Would prohibit applying for a FISA court Rep. Bernie 145 Referred to the Subcommittee Protection Act order for the sole purpose of searching Sanders (I-Vt.) on Crime, Terrorism, and for, or seizing, patron information from Homeland Security on May 5, a bookseller or library 2003

Security and Freedom H.R. 3352 Would amend PATRIOT Act to require House: Rep. C.L. House: 63 House version referred to Ensured (SAFE) Act individualized suspicion for searches Otter (R-Idaho) Subcommittee on Crime, S. 1709 of library, bookstore, or other sensitive Senate: 19 Terrorism, and Homeland records and prohibit use of national Senate: Sen. Larry Security on December 10, 2003 security letters to do such searches; Craig (R-Idaho) would also put limits on “sneak and Senate version read twice and peak” searches, add safeguards for referred to the Committee on the “roving wiretaps” in foreign intelligence Judiciary on October 2, 2003 investigations, and expand sunset and reporting provisions

PATRIOT Oversight S. 1695 Would amend the PATRIOT Act to add Sen. Patrick Leahy 5 Read twice and referred to the Restoration Act of additional sections to the list of sections (D-Vt.) Committee on the Judiciary on 2003 that will expire on December 31, 2005 October 1, 2003

Library and Bookseller S. 1158 Would exempt bookstores and libraries Sen. Barbara None Read twice and referred to the Protection Act of 2003 from orders requiring the production of Boxer (D-Calif.) Committee on the Judiciary on tangible things for foreign intelligence May 23, 2003 investigations and would exempt libraries from counterintelligence access to certain records

Bookseller, and Personal S. 1507 Would protect privacy by limiting the Sen. Russ 11 Read twice and referred to the Records Privacy Act access of the government to library, Feingold (D-Wis.) Committee on the Judiciary on bookseller, and other personal July 31, 2003 records for foreign intelligence and counterintelligence purposes

Protecting the Rights of S. 1552 Would amend the federal criminal code Sen. Lisa Senate: 1 Read twice and referred to the Individuals Act and FISA to strengthen protections of Murkowski Committee on the Judiciary on civil liberties in the exercise of foreign (R-Alaska) July 31, 2003 intelligence surveillance

Benjamin Franklin True H.R. 3171 Would provide for a review of recently Rep. Dennis 29 Referred to the Subcommittee Patriot Act enacted legislation relating to terrorism Kucinich Immigration, Border Security, and to assure that powers granted do not (D-Ohio) Claims on October 22, 2003 inappropriately undermine civil liberties

Surveillance Oversight H.R. 2429 Would amend FISA to improve the Rep. Joseph 24 Referred to the Subcommittee on and Disclosure Act of administration and oversight of foreign Hoeffel (D-Pa.) Commercial and Administrative 2003 intelligence surveillance Law on June 23, 2003

Proposed Legislation offenses, and terminated U.S. citizenship letters, accomplishing one major change In February 2003, the Center for Public in certain cases. envisioned in “PATRIOT II.” Shortly Integrity obtained and released for The release of the draft created a storm before this article went to press, Sen. Jon publication a copy of a draft piece of of controversy; DOJ spokespeople stated Kyl (R-Ariz.) introduced S. 2476 to repeal legislation that was quickly dubbed that it was an early discussion draft, and the sunset provisions of the PATRIOT “PATRIOT Act II.” Key provisions in the department backed away from it. In ACT. This bill has nine co-sponsors and this legislation, formally known as the early September 2003, however, President was sent to the Judiciary Committee on Domestic Security Enhancement Act of Bush called for new legislation to expand May 21. 2003, would have strengthened provisions on the PATRIOT Act. Several bills were Opponents of the PATRIOT Act also against the release of information under introduced within days of this speech that began introducing legislation in 2003. FOIA, authorized a DNA database on contained some of the same provisions as Some, such as Rep. Bernie Sander’s suspected terrorists, increased the “PATRIOT Act II.” (See Table 1 on page (I-Vt.) Freedom to Read Act, would place availability of national security letters to 12 for a list of these bills and their status as limitations on specific uses of Section 215. search and seize information without of mid-June 2004.) In December, Bush In this case, the act would prohibit the use judicial oversight, created a new signed the Intelligence Appropriations of FISA orders to get library or bookseller’s presumption in favor of pretrial detention Bill, which contained new provisions for individuals charged with terrorist expanding the use of national security (continued on page 35)

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mad dash is on across the Substantial activity has taken place country for courts at all in recent years to adopt court rules that A levels to make their records address this tension, and common areas available to the public. In most of concern have emerged. The rulemaking instances, court officials and process forces us all to engage in the issues legislative bodies have provided by codifying what is and is not public. little or no guidance as to how Court rules affirm the role of the judge to provide this access without in maintaining an appropriate balance. inadvertently damaging reputations, Some courts are exploring ways to careers, or personal safety. segregate sensitive information in public The Internet has offered a databases and store it someplace else. solution for providing both cost Many questions exist about how savings for public officials and jurisprudence will develop around this ready access to public information. issue. How will courts interpret new Unfortunately, it also has provided rules? Will the exclusion of sensitive an easy and anonymous route to information be upheld across the country personal data for those whose and across jurisdictional levels? Will motives are not as pure as most courts uphold discrimination for access researchers and court employees. based on type of requestor? Will A recent conference provoked categorical restrictions, such as social and challenged attendees about security numbers, medical information, these important issues. The and employment records, be upheld? Courtroom 21 Project of the William and How will we protect the vulnerable, such Mary Law School and the Administrative as children, victims, witnesses, and law Office of the U.S. Courts sponsored the enforcement personnel? Can technology National Conference on Privacy and Public help solve the very problems that it Access to Court Records, held February 27-28. The authors hope that by sharing their experience at the conference, AALL members can contribute to the discussion Advantages to online access at the local, state, and federal levels. 1. Easier access for attorneys and litigants. Balancing Act Identifying the Demon 2. Equalized access. Professor Fred Lederer, chancellor professor 3. Allows for simultaneous access. Reconciling Privacy of law and director of Courtroom 21 for 4. Case tracking is easier. William and Mary, opened the discussion 5. Organizational benefits (e.g. with the Public’s by stating that the availability of electronic the ease of assigning cases). filing is not the real issue, but rather, 6. General public benefits; enhances Right to Know technology itself is the demon we must the notion that courts are open. control. In earlier eras, people could go to by Judy Meadows and Bob Oakley courthouses for information, but they had Disadvantages no way of knowing the details that were 1. Potential for identity theft. available in the world of paper. This led to 2. Misuse by stalkers and other a condition called “practical obscurity.” criminals. We now have online search engines that have lifted this cover of privacy to reveal an Source: David Rauma, Federal Judicial enormous amount of information—some Center. of which should not be so easily available for retrieval and mass distribution. A second speaker, Bob Deyling, of the Administrative Office of the U.S. Courts, creates? How can we avoid forum provided an update on the law of privacy shopping based on privacy rules? And will and public access to court records. The distinctions between remote access and United States has a strong common law access at the courthouse survive? heritage that supports the right of public access to court records. Privacy interests, States’ Experiences however, are murkier. It is clear that A panel of judges and court administrators litigants do not surrender their privacy who have studied and/or implemented rights at the courtroom door. Carefully public access addressed many of these circumscribed rights can be crafted with questions during the conference. The main narrowly targeted restrictions that will question to be answered, said Justice John protect sensitive personal information. Dooley of the Vermont Supreme Court, is

what should be public, regardless of format • those records that are closed or or access point? The existence of the Internet sealed by law will not be public CCJ/COSCA should not make a difference. Dooley said electronically; Guidelines for that the Vermont courts have looked at • attorneys should shorten, delete, or Public Access to issuing administrative rules that would redact certain information, such as Court Records mirror the state’s public records statutes. account numbers and social security The courts also are re-addressing the public identifiers; Adopted in October 2002, these accessibility of bar exam results, discovery • all family records are closed; and guidelines are based on the following matters, and attorney e-mail addresses. • pilot jurisdictions will be brought assumptions of court officials. Minnesota Supreme Court Justice Paul up before the whole court system Anderson reported that his state has a data goes online. • Retain the traditional policy that privacy act, but that the courts are excluded Justice Robert Cordy of the court records are presumptively from it. A preliminary report was issued for Massachusetts Supreme Judicial Court open to public access. public comment in January and produced reported that his state issued a policy in • As a general rule, access should considerable response (www.courtaccess. May of 2003 concerning promulgation not change depending upon org/states/mn/mn-courtrules,%20etc.htm). of information on the Web. Although whether the court record is These rules establish procedures for its uniform policy is modest, it is very in paper or electronic form. handling requests for public access, identify important, he said. Massachusetts has a Whether there should be access certain records that may not be disclosed strong preference for privacy rather than should be the same regardless of to the public, and provide a road map to public access. The necessity for issuing a the form of the record, although other legal authority, identifying records formal policy was driven by the rollout of the manner of access may vary. that may not be disclosed to the public. its judicial case management system. The CCJ/COSCA Guidelines Essentially, if a court administrator cannot Massachusetts’ major points are: apply to all court records. identify a statute, court rule, court order, • there will be more information at or case law that precludes public access the courthouse than there will be on • The nature of certain to a particular record, then the record is the Web; information in some court presumed to be accessible to the public and • it will move forward only on records, however, is such that must be promptly disclosed to the public docketing information for now— remote public access to the upon request. most documents will not be digitized, information in electronic form Minnesota has adopted a “go slow” it will leave out all identifying data, may be inappropriate, even approach, Anderson said. The last thing it and it will refrain from statewide though public access at the wants is the creation of something that searching; courthouse is maintained. would be akin to Star Chamber—an • it will distinguish between civil and • The nature of the information English court having broad civil and criminal cases—in the latter, names in some records is such that all criminal jurisdiction at the king’s discretion of parties cannot be accessed; and public access to the information and noted for its secretive, arbitrary, and • there will be heightened access for should be precluded, unless oppressive procedures, according to Black’s attorneys and litigants. authorized by a judge. Law Dictionary. In contrast, Florida has adopted what The state asked itself, to what extent do its calls a “hurry up and go slow” approach • Access policies should be clear, we look at the integrity of the information? to public access to court records. This has consistently applied, and not And should the court’s imprimatur be been a controversial topic in the state subject to interpretation by attached to information that could create because there are a number of vested individual court or clerk damage? It was fearful of unintended interests involved and a lot of money on personnel. consequences and therefore did not adopt the table. The state will proceed cautiously, broad-based public access. This approach although Florida’s constitution states that From the National Center for State also puts a lot of responsibility on the all public information is open unless the Courts and the State Justice Institute attorneys who bring information into the legislature says otherwise. Its constitution, (www.courtaccess.org/modelpolicy/ system to protect client privacy rights. however, also has a right to privacy 18Oct2002FinalReport.pdf). provision, which creates a common tension. Free for All? Unlike Minnesota’s cautious approach to Common Concerns this issue, New York will offer much more The conference included a general meaningful difference if the information information to the public. Amy Vance, discussion of some of the concerns in the is available only at the courthouse? deputy counsel for the New York State states. In Massachusetts, if information is Some court clerks find a meaningful Office of Court Administration, discussed redacted from a public record, there must distinction between being a custodian of how its Committee on Public Access to be an indication of its redaction and the the record and the publisher. Some states Court Records worked for two and half nature of the information. The concept are concerned that if they go too fast in years, held hearings around the state, and of practical obscurity of courthouse adopting new rules they will end up received testimony through the mail. information was also questioned—is it having to take two or three steps backward The committee determined that: still reasonable public access in an online when a conflict arises. • whatever is public in paper should world? “Just because you ‘can,’ should be public electronically; you?” one official asked. What is the (continued on page 35)

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and corporations frequently need more specialized resources. Patricia DeGeorges, assistant director at Pfizer’s Information Center in New York, described the daunting information demands she faces. “My patrons need current in-force legislation for developing countries, especially African countries,” she said. “We need laws and patents originally published in Japanese, Korean, Chinese, and other foreign languages [translated into] English, or at least reliable English abstracts; current and proposed laws and regulations on medical and pharmaceutical cost containment; [and] laws from Caribbean countries.” Law school librarians may see the widest range of questions, particularly with the expansion of LLM programs for e needs the Swiss laws on foreign lawyers. Often these students write inheritance. She needs the comparative law papers and need access H Telecommunications Act for to the text of their home countries’ laws various Latin and Caribbean countries. on a variety of subjects. Faculty members They need two decisions of the German request current and older laws, such Provincial Court of Appeal. And she needs as an Icelandic labor law from 1971 or some Chinese patent regulations. Zimbabwean mental health legislation These demands can strike fear into from the 1960s. Law journal staff members almost any law librarian, even without the seek all kinds of foreign legal documents, dreaded postscript: “Oh, and by the way, new and old. it’s gotta be in English.” Obviously, it’s hard to reduce the Questions like these arise more often universe of foreign law questions to a few these days. In the April 2004 issue of “commonly-asked” ones. But some trends Strangers in a Members’ Briefing in AALL Spectrum, Jules stand out. Winterton, director of the Library of the Family law questions cover adoption, Strange Land Institute of Advanced Legal Studies in custody, spousal maintenance, property London, noted the effect of increasing division, remarriage, and divorce, but legal globalization. “Even local law practice frequently focus on the legality of a foreign How to Answer and the judiciary need to be aware of the marriage or divorce. Inheritance questions international aspects of litigation as matters usually involve foreign property owned Common Foreign Law of rights, family law, and inheritance by a U.S. resident. Commercial law increasingly require consideration of the questions cluster around joint ventures and Research Questions provisions of another legal system,” he wrote. competition law, with continuing interest in Jean Wenger, chair of AALL’s Foreign, company laws of Caribbean (spelled “t-a-x by Mary Rumsey Comparative, and International Law s-h-e-l-t-e-r”) countries, particularly the Special Interest Section (FCIL-SIS), sees Cayman Islands. (For the latter, researchers similar trends in her daily work at the without access to the loose-leaf Tax Havens Cook County Law Library. “Questions of the World often fall back on vaguely sleazy come from the courts, individuals, and Web sites that present legal translations of small firm/solo practitioners,” she said. uncertain provenance.) Finally, practitioners “Foreign law is no longer in the sphere of and academics alike have strong interests in only large firms and academics.” Lawyers European Union law. who never expected to deal with foreign legal issues have begun encountering them A Few Good Resources with unnerving frequency. Often, they turn Foreign family law questions can pop up to law librarians for help. anywhere. Joe Leavengood, a part-time reference librarian at the Idaho State Common Foreign Law Questions Law Library in Boise, recently found the Typical foreign law questions from lawyers marriage laws of the Cook Islands for a and pro se patrons cover family law and patron. Despite the increasing frequency inheritance, citizenship and nationality, and of these questions, researchers agree that commercial law. Lawyers in larger firms they are among the hardest to answer.

“Unfortunately, many of the questions Turning to commercial law, the copyright, and related laws. Similarly, I encounter are in areas of law that are not landscape suddenly looks more like a forest researchers can find many foreign lucrative enough for the legal publishers,” and less like a desert. Sources of English competition laws—mostly in English— said University of Miami Law Library translations include major print collections through the World Legal Information librarian Kay Mackey. Probably because like Commercial Laws of the World and Institute (WorldLII). WorldLII makes a foreign family law rarely involves large sums Digest of Commercial Laws of the World; valiant attempt to link to free versions of money, publishers have not produced the government Web sites (countries are of foreign laws from every jurisdiction. kind of country-by-country collections of most likely to put their commercial and “No single reference guide (print or law available for other legal areas, such as intellectual property laws on the Web); electronic) directs users to all legal texts intellectual property or tax. The closest is commercial Web sites (for example, or translations,” Jean Wenger said. probably the International Encyclopaedia of www.natlaw.com offers fee-based “The hunt is really the challenge and Laws: Family and Succession Law, but that translations of Latin American laws); the attraction of foreign law research.” work summarizes codes and laws without regional collections like Central & Eastern providing their text. European Legal Materials; and more. I Can’t Make It Appear A typical marriage law question might Recently, a Minneapolis law firm Sometimes, however, that challenge go something like this: A U.S. immigrant, needed to research joint venture laws for can turn to frustration. The Internet married in Algeria, now wishes to claim the several jurisdictions, including Singapore, availability of some countries’ legal marriage was invalid because it was not Indonesia, Hong Kong, and Malaysia. materials leads some attorneys and other witnessed. He needs a copy of Algerian For this kind of question, librarians often researchers to expect that every country’s marriage laws. As with many foreign law check for a Doing Business in … guide. legal materials will be there too. questions, researchers would probably start Large accounting firms, among others, The archives of the law-lib discussion this search by consulting Thomas Reynolds publish these useful guides, and many list are spattered with plaintive requests and Arturo Flores’ Foreign Law: Current libraries—not just law libraries—buy for the laws on bribery in Taiwan, the Sources of Codes and Basic Legislation them. To track down English translations environment in Greece, foreign currency in Jurisdictions of the World (Reynolds of the laws themselves, check Reynolds & in Korea, medicinal products in various & Flores). This work, available as a Flores. Most researchers, however, keep Western European countries, and subscription database, a CD/ROM, or as companies and partnerships in the eight loose-leaf volumes, identifies sources Cayman Islands. The requesting librarians and summaries of law for almost 200 usually ask hopefully, “Is this somewhere jurisdictions. In addition to listing official The hunt is really on the Web? In English?” In most cases, sources for codes, legislative digests, and the challenge however, the only way to get these laws court decisions, Reynolds & Flores tells and the attraction is from the collections of very large law researchers whether the law they seek libraries. Even then, it will help to know appears in a multi-jurisdictional collection. of foreign law Chinese, Greek, or Korean. Thus, while a library catalog doesn’t tell research. Amy Kahler, an Ohio State reference you that the book Islamic Marriage and “ librarian who handles foreign law Divorce Laws of the Arab World contains —Jean Wenger, FCIL-SIS chair questions, includes interlibrary loan (ILL) a translation of Algerian marriage laws, among her solutions. “For the old stuff, Reynolds & Flores does. plugging away, even if they unearth I’m always finding books or having things For simple questions about inheritance relevant laws from Commercial ”Laws ILLed or faxed or mailed,” she said. laws of other countries, Martindale- of the World or similar sources. As legal Libraries with large foreign law Hubbell’s International Law Digest translations arrive even more slowly than collections, like Harvard, do a brisk sometimes fills the bill. This thick volume spring comes to Minnesota, they may not business in ILL. “Right now, at least summarizes many aspects of foreign law, in reflect current amendments. In this case, half (maybe more) of the lending requests articles prepared by law firms within each to find out whether the laws had been we receive are for material in our foreign of the more than 60 countries covered. amended, the librarian crosschecks and international law collections,” said Often, but not always, the authors cite to various other sources, including Harvard’s document delivery librarian codes and laws, enabling further research. government, law firm, and news Web Melinda Kent. As an example, the Germany article could sites; legal periodicals; Martindale Patrons unused to foreign law usually satisfy a U.S. patron who wants to write a Hubbell’s International Law Digest; and have higher expectations than those who will disposing of real property there. The other books in the library. practice or research it often. “Professors International Law Digest’s section on wills Foreign competition and intellectual who work regularly with FCIL are a alerts the researcher to a treaty that governs property (IP) law provide some of the different breed than those encountering it the recognition of foreign wills and explains easier questions that librarians face. In for the first time,” said Stephanie Burke, that the U.S. citizen can dispose of his addition to large print compilations of senior reference librarian and international German real property by executing a will intellectual property laws, researchers can law librarian at Boston University. “My valid under the laws of his home state. turn to reliable Internet sites, such as the FCIL specialists are happy with Web/html Most researchers agree, however, that the World Intellectual Property Organization’s documents, know things may be difficult International Law Digest cannot answer Collection of Laws for Electronic Access to find and not available immediately, etc.” complex legal questions, and it contains (CLEA). CLEA offers English-language Those less familiar with foreign law tend no texts of foreign laws. translations of patent, trademark, to expect much more.

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“Once a professor called me and asked may get dusty while they are working on foreign law. Their databases of law reviews, for an English translation of an opinion FCIL research,” said Stephanie Burke. however, often provide useful leads to he heard had been handed down that day Coverage of foreign law on the two primary sources. Researchers can use titles from a Japanese trial court,” said Beatrice services is spotty. Both offer good coverage and citations in article footnotes to “go fish” Tice, foreign and comparative law librarian of a few jurisdictions that use English, on the Internet or to prepare ILL requests. at the University of Michigan, “and he such as the United Kingdom, Canada, and Foreign law questions vary too much was shocked when I said it didn’t exist!” the European Union. With the exception for anyone to follow a template. But Another foreign law specialist commented, of the French gazette on Lexis, and the Barbara Fullerton, director of library “Sometimes you want to say to the faculty Mexican gazette on Westlaw, however, the services at Dallas’s Locke Liddell and Sapp, member, ‘I can’t make it appear.’” two services offer little foreign language was brave enough to outline the usual law through the regular U.S. subscriptions. resources she consults for constitutions, Internet Innovations The two vendors appear to be pursuing codes, and laws. She starts with Reynolds Of course, the Internet has brought radical a different strategy for most foreign law. & Flores and Martindale Hubbell’s changes to the landscape of foreign legal New York University’s international and International Law Digest. Next, depending information. Many countries have begun on the question, she uses a combination of making their laws—if only the newest “Internet sites, Amber Smith [the expert ones—available online. WorldLII can FCIL librarian at the Los Angeles County point users to many of these sources, Top Five FCIL Resources Law Library], government Web sites and and the University of Michigan has a 1. Reynolds & Flores’ Foreign Law: country Web sites, Lexis and Westlaw, and comprehensive set of links to government Current Sources of Codes and GLIN,” she said. gazettes in which new laws often appear. Basic Legislation in Jurisdictions GLIN, the Global Legal Information Another vital resource for tracking of the World Network, is a subscription database of down foreign law comes from law foreign laws, primarily from Latin 2. Martindale-Hubbell’s librarians’ beloved LLRX Web site. The American countries. Although GLIN International Law Digest comparative and foreign law page offers restricts access to the laws themselves, it guides to more than 50 jurisdictions. 3. Comparative and Foreign Law offers searchable summaries of foreign Written by experts (usually foreign law Guides, LLRX (www.llrx.com) laws. Because the summaries include librarians), these guides link to free Internet 4. World Legal Information citation information, GLIN can serve as sources for codes, laws, and cases. Some of Institute (WorldLII) the missing link between an information the guides also identify print and fee-based (www.worldlii.org/) request and an ILL request. sources. Librarians use LLRX and other 5. Multi-jurisdictional law guides to channel patrons to the better Get by with a Little Help from collections like Commercial Your Colleagues Internet sources. “Many attorneys do Laws of the World work with foreign counsel and merely want Fullerton’s reference to Amber Smith illustrates another useful tool—connections. to get a sense of the law,” Wenger said. Also Try … Librarians excel at helping one another, so “Others will take anything they can find. • Government and intergovernmental sometimes the best approach is to cry, “Au At least I can direct them to a more reliable organizations’ Web sites resource rather than [their] taking whatever secours!” In addition to search engines and they find on Google.” • Commercial Web sites like legal databases, the Internet aids foreign law Not that expert FCIL librarians always www.natlaw.com researchers by helping them communicate use guides for Internet work. Katherine • Doing Business in … guides with librarians and lawyers in other Topulos, foreign and international law • Interlibrary loan countries. Electronic discussion lists, such as INT-LAW, promote informal document- librarian at Duke University, noted that • Search engines search engines have their place. “Even sharing and research advice. Similarly, though I jump on students for Googling • Online discussions like INT- queries to law-lib often hit pay dirt, though everything, I do use it for some things,” LAW ([email protected]. many of the foreign law experts do not she said. “I think it’s really great when org) and law-lib (http://home. subscribe to it. Finally, many U.S. law you have a unique identifier such as a olemiss.edu/~noe/llfaq.html) librarians who work with foreign law document number; it will often lead you • Your FCIL colleagues collections will respond quickly and right to the text. I also use it as a quick and cordially to telephone or e-mail questions. dirty resource to get context when I have Researchers have also added other uses incomplete information—misspelled of e-mail to their arsenal of last resort names, sketchy details—such as ‘I’m foreign law librarian Mirela Roznovschi, techniques. Jennifer Eckel, librarian at looking for a law that was passed in France who edits the LLRX foreign law guides, Dorsey and Whitney in Washington, D.C., (or maybe Belgium) about 1995 (or was describes their approach as an unsettling was recently asked to find anti-dumping it 1985?).’” trend. “Westlaw and Lexis buy foreign rules for South Africa. “Thanks to the To the surprise of many law students databases all over the world and sell them, wonders of the Internet, I sent an e-mail to and some librarians, Westlaw and with little exceptions, as separate products the relevant South African [government] LexisNexis have not become major sources at a very high price,” she said. Whether office, and was told, ‘Sorry, they’re not out of foreign law. “I often advise FCIL or not Westlaw and Lexis stick to this yet,’” she said. “The attorney was happy. research assistants and journal students that approach, no one expects that they will All this took overnight to send a question their Westlaw and LexisNexis passwords soon solve the problems of access to and have an answer.”

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For many developing countries, older Anyone tackling a foreign legal research Flores, the Modern Legal Systems Cyclopedia, methods of information gathering may question should be prepared to try a variety and many country-specific books and still be necessary. Katherine Topulos gives of strategies, including the ones described articles—if they have time. an example of this resourcefulness. “I was above. “Working with FCIL is a new It’s a safe bet, though, that one of the trying to get some information on Sierra research project with every question—few most useful techniques for law librarians is Leone, and after exhausting all the can be answered like U.S. questions by to get to know some FCIL librarians. Look resources I could think of, I called their pointing to a source like the U.S.C.A., for us in Boston this summer or at your permanent mission to the U.N.,” she said. federal reporters, etc.,” warned Burke. Expert local AALL chapter meetings. “I talked to a very pleasant, helpful man foreign legal researchers stress, too, that in- Mary Rumsey ([email protected]) there who promised to send me what I depth research requires an understanding of is foreign, comparative, and international needed. When the envelope arrived, I the foreign country’s legal system. Librarians law librarian at the University of Minnesota realized that he was the ambassador.” can get this background from Reynolds & Law Library in Minneapolis.

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to gauge interest in supporting a law librarianship program. After determining that there was interest—or at least no serious objection to the new director’s proceeding with his newfound hobby— I discussed my ideas with the dean of the law school and the chair of the Department of Library and Information Studies (DLIS) in spring 2001. Both welcomed the plan and worked with me to determine program requirements and clarify the logistics of cross-listing courses, accepting course credits from one program into the other, and so on. Within a few short months, we were ready to go. In the Beginning The program already had a firm basis on which to build. James R. Sahlem, principal law librarian at the New York State Supreme Court (8th Judicial District) Library in downtown Buffalo, was already Reference Librarian Joseph Gerken teaching a library school course on legal backs up practicum student Kathleen Wilko at the University at Buffalo aw librarians have expressed a bibliography. Sahlem has since expanded Law Library’s reference desk. growing concern in recent years that course into two classes: Primary Law L about the need to recruit new law Resources and Materials of Legal Practice. librarians into the profession. Statisticians Other UB law librarians, including Susan and trend watchers foresee the continued Dow and Terrence McCormack, have graying of the profession, as large numbers also taught in the library school from time of baby boomer librarians retire during to time. the next 10 years. And with the legal I spent part of the first year preparing information environment becoming ever a new course, Law Library Administration, Law Librarians more complex, many predict that the need which is now offered each spring and for law librarians will grow. Where will cross-listed in both law and DLIS. Law those skilled professionals come from? Library Administration introduces students as Educators It sometimes seems as though, to to management issues in law libraries, paraphrase Mark Twain, everybody talks as well as to broader topics facing law and Role Models about recruiting, but nobody does anything librarianship as a profession. The course about it. makes extensive use of role-playing and Fortunately, the situation is not quite simulations to immerse the students in The University at Buffalo’s that dire. The Web site of the Conference the life of the law library professional. of Law Library Educators (COLLE) A major component of the course is JD/MLS Program (http://students.washington.edu/jnl3/) a group strategic planning project. The in Law Librarianship lists 36 ALA-accredited library programs students form the staff of a hypothetical offering at least one course in law law library, and each individual is assigned librarianship; several offer two, three, or a specific role or job description. The by James Milles more. A number of these library programs students hold a series of planning meetings are at universities that also have law throughout the semester and finally schools, but only eight law schools offer produce a complete strategic plan for the joint JD/MLS programs; three are in model library. In addition, each student partnership with library programs at other writes a research paper on a contemporary institutions (see “Law Schools that Offer issue in law librarianship and presents the JD/MLS Programs” on page 21). paper in class; UB law librarians are The University at Buffalo has long invited to attend the presentations. had both a law school and a library Law Library Administration was program, but it was not until 2001 that it offered for the first time in spring 2003; began to develop a formal collaborative, or it attracted 11 students. The second time, dual-degree, program in law librarianship. in spring 2004, eight students enrolled— Not long after I had settled in as law a mix of contemporaneous dual-degree library director, I began to have informal students, students with a JD pursuing the discussions with some of the law librarians MLS (or vice versa), and MLS students

planning to apply to law school. (The The law school has been very syllabus for the course is available at supportive of the program. Dean Nils Law Schools that Offer JD/MLS http://briefcase.yahoo.com/jmilles, in Olsen, when presenting the proposal for Programs the folder “LawLibAdmin.”) the program at a spring 2001 law school • Brooklyn Law School and Pratt faculty meeting, noted that one of the Institute School of Information A Surprise Hit appealing aspects of the program was the and Library Science I originally estimated that the program opportunity to attract more students www.brooklaw.edu/academic/ would be a success if it grew to five or six who would be seriously interested in the joint/jointprograms.php#mslibrary students. Currently there are 12 to 14 academic study of law. students at various stages in the program. The JD/MLS program, like other www.pratt.edu/sils/program. Students have come to the program in dual-degree programs at the school, is also html#Anchor-M.S-44867 different ways. Several of them, looking promoted by the Admissions Office. I • Indiana University for an alternative to the traditional practice regularly participate in law student open www.slis.indiana.edu/degrees/ of law, chose to pursue the MLS during houses and career days to talk with students joint/law.html their second semester of law school. Others who might be interested in a career in have come back to library school after law librarianship. We are also working to • North Carolina Central completing their law degrees or even integrate the program more closely into the University practicing for a few years. A few are starting curriculum of the Department of Library www.nccuslis.org/programs/ to apply to UB Law School specifically to and Information Studies. law.htm pursue the law librarianship program. • Syracuse University Once students come to realize that law A Challenging Program www.law.syr.edu/academics/ librarianship is a career option, many of One of our goals is to do more than train academics.asp?what=interdiscip them find it a very attractive one. Ann law librarianship students in the skills of linary_study Davey, a second-year law student and legal research; we also challenge them by first-year library student, heard about the giving them the intellectual foundation to • University at Buffalo, The State program toward the end of her first year handle changes in legal information and University of New York in law school. “Before that, it hadn’t even prepare our graduates for whatever roles http://informatics.buffalo.edu/ occurred to me that one could have a into which law libraries of the future might programs/mls/ career as a law librarian,” Davey said. evolve. This is why the interdisciplinary • University of Connecticut “I was so relieved to hear that my majors tradition of UB Law School is an School of Law and Southern (modern languages and creative writing), in important part of our program. Connecticut State University combination with my technology experience, We encourage students to pursue a Department of Library and could actually make me quite marketable wide variety of course work, including Information Science for something. And of course it’s nice to current trends in empirical legal www.law.uconn.edu/academics/ think that I would be able to use the skills scholarship, and think of law as not dual-degree.htm#mls I developed as an undergrad. By that time limited to what is found in the books or I was already dreading 80-hour workweeks, online. “I love the challenge,” Behrens www.southernct.edu/ no vacation, no time for family, having to said. “I love the intricacies of legal departments/ils/masterlib.htm research. I love that there are no ‘right beg for unpaid internships, dealing with the • University of Iowa answers’ in law. Sure, there’s precedent, constant life-or-death situations of clients, www.uiowa.edu/~libsci/ but it still changes constantly. It’s so billable hours, and stiff competition every programs.html#jointdegrees step of the way. In short, law librarianship unpredictable, it drives me insane; but was a revelation—it came to me at exactly that’s why I love it.” • Widener University School of the right time in exactly the right way.” Davey is interested in emerging trends. Law and Clarion University of Jennifer Behrens, a first-year law “Most of the other students I know have Pennsylvania student who finished her MLS at UB last set their sights squarely on reference, www.law.widener.edu/ year, was interested in law librarianship but so far I am very intrigued by the PROSPECTIVE/ADMISSIONS/ before she even started library school. technology that fuels libraries and digital programs_dual.shtml “I had worked in a public library since information systems,” she said. www.clarion.edu/edu-humn/ the age of 16, so I felt comfortable in the Another crucial component of the newlibsci/grad.htm#Juris Doctor ‘library world’ and always felt like it was UB law librarianship program is providing something that I would enjoy doing,” she practical experience. DLIS students are said. “But law school had always been an required to complete a practicum, and option that intrigued me, too. During my many have done their practicums in In the past two years, two students have junior year of college, after researching a the law library. In 2003 the law school done law school internships, and two others bit on librarianship as a career, it finally approved a law library internship have done library school practicums. The dawned on me that I could just combine program, which allows law students in the practicums and internships not only give the two fields. So I’m happy to have a JD/MLS program to earn three hours of the students solid, practical experience; they future in the library field, and mom’s happy law school credit for practical work in a also allow the students to work closely with that she can brag about having a daughter law library—either at UB or at a court or the excellent law librarians in each of the in law school.” law firm library. host institutions.

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Kathleen Wilko is a JD graduate of research and scholarship are part of their greater than we expected. Teaching Law William and Mary currently finishing a responsibilities. We hope to build on this Library Administration each year forces practicum at the UB Law Library. “As a by identifying research needs within the me to review and reexamine my own group, the law librarians at the University at field of law librarianship, such as those practices. And for those of us in the UB Buffalo’s Law Library have welcomed me described in the AALL Research Agenda Law Library, the exposure to bright, into the profession with open arms,” she said. (www.aallnet.org/committee/research/ young student librarians is invigorating. “Their commitment to, and enthusiasm for, agenda.asp), and generating original “I’ve found on more than one occasion the law librarianship profession is infectious, empirical scholarship in conjunction that discussing issues with JD/MLS and it is here that my desire to become a law with the law librarianship program. We students yields a way of looking at the librarian was solidified.” require the completion of a publishable- issue that I had not considered,” said Our latest development in the area of quality research paper as a component of Joseph Gerken, reference librarian at UB practical experience is the hiring of Davey the new graduate assistant in reference Law Library. “Students can look at the as our first half-time graduate assistant in position. A further step in this direction issue in a very objective, non-partisan reference, beginning in fall 2004. is a new course, Research Methods in and—yes—idealistic fashion, and Yet another practical component Legal Informatics, which I will offer next sometimes that is a good perspective for of the law librarianship program is year. This course gives a selected student older, more jaded individuals like myself. encouragement of professional the opportunity to work closely with Having JD/MLS students at the reference development. Donor support has enabled one of the law librarians as a research desk also benefits the reference staff, as us to offer several travel grants to attend assistant on an empirical research project the students often ask why we took one the 2004 AALL Annual Meeting in conducted by the librarian. Students approach as opposed to other possible Boston. In March we initiated our first wishing to pursue their own scholarly ones in responding to a patron query. “mock interview.” One of our graduating projects also have the option of This type of informal critical self- students, with the participation of the individual directed research courses. examination (being compelled to UB Law Library staff, submitted to a articulate the logic behind a particular day-long mock interview for an academic research approach) helps keep us ‘on law library position, including a formal ... discussing our toes’ and, I assume, sharpens our presentation on research instruction. issues with reference skills.” JD/MLS students yields Working with the JD/MLS students Cooperation is Key also gives the law librarians valuable Bridging the cultures between the law a way of looking at the insights into the concerns of law school and DLIS does present difficulties, issue that I had students. “The close relationship the especially for the students. Here the “ librarians have with the JD/MLS not considered. dedicated involvement of the law students gives us a tighter shot with librarians is invaluable. “Having a foot in —Joseph Gerken, reference librarian which to focus on different aspects of two different programs can be confusing library and legal education today,” said and frustrating without the proper There remain significant areas Nina Cascio, international law librarian. administrative support,” Davey said. needing improvement, particularly for “It is instructive for us to have a more ” intimate familiarity with the day-to-day “The best aspect of the program at UB the student experience within the is without a doubt the network of law program. “Within the law school, it happenings in library school and law librarians. They are all interested in the seems like the traditional law students school, and the content of their students and the program. They attend perceive librarianship as sort of a weird education—an opportunity we might not student presentations and are always reason to pursue a JD,” Behrens said. take the time for if we weren’t working so willing to give students their insights “There’s not a big support system in closely with our JD/MLS students.” about the profession. Their support place for people who are interested in For all law librarians, the chance to makes this program remarkable.” alternative legal careers, which is totally help shape the future of the profession Wilko agrees. “The greatest strength understandable, but it can still be by developing future professionals is a of the program at UB is the people frustrating at times.” source of both pride and responsibility. involved in it,” she said. “The willingness Wilko experienced similar attitudes “We have an obligation to train the of the law librarians to share their from the library school. “At the moment, next generation of law librarians by experiences and knowledge with students, there does not seem to be much support providing the ‘laboratory’ for students in both formal and informal settings, of the program from the DLIS side,” to gain a holistic concept of a law creates an atmosphere ripe for learning.” she said. “There are no full-time faculty library,” said Marcia Zubrow, head of Some of the students have also begun in the department to advise students or information services at UB Law Library. to discuss forming a student caucus to garner interest in the field. In my I encourage all law librarians to seek within AALL. They hope to schedule application to the program I stated my out opportunities to help teach future a meeting of interested parties, both field of interest was law librarianship, and law librarians. students and experienced librarians, I was never told about the existence of during the Annual Meeting in Boston. the program or referred to those involved James Milles ([email protected]. As the program continues to grow, we with the program.” edu) is associate dean for legal information would like to do more to develop a habit services, director of the law library, and of scholarship in our students. The Program Benefits Veterans, Too associate professor of law at the University librarians at the University at Buffalo are On the other hand, the benefits of the at Buffalo Charles B. Sears Law Library all tenured or tenure-track faculty, so law librarianship program have been even in Buffalo.

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chapter news by Naomi Goodman

Opportunities Abound for Chapters LLAGNY’s anniversary year included Suthers, U.S. attorney, District of Colorado; at AALL Meeting several outstanding programs, including Ron Halverson, U.S. marshal, District of During the AALL Annual Meeting, chapters a program held in March on Canadian Colorado; and Celestina de Guzman, can take advantage of the many workshops legal research that addressed the basics account manager, Thomson-West. and roundtables that focus on issues essential of the Canadian legal system on both the Suthers spoke about three aspects of the to chapter strength. Designated board and national and provincial levels, sources of government’s ongoing efforts to provide committee members receive specialized documentation, and tools. In April, library security for our country: seizure of assets that training and exchange ideas with members students interested in law librarianship belong to terrorist organizations, the Foreign from other chapters. enjoyed a student breakfast and library Intelligence Surveillance Act (FISA), and the Some sessions, such as the Chapter tours as well as “Introduction to Lexis and Foreign Intelligence Surveillance Court Leadership Training, conducted by Council Westlaw: A Hands-On Class Covering Legal (FISC). Halverson spoke about the growth of Chapter Presidents Chair Susan Goldner, Research Basics.” LLAGNY members were of investigative infrastructure related to and the Chapter/SIS Leadership Lunch, are offered “Law Librarians—Transitions and terrorist activities after September 11, 2001, for chapter vice-presidents and presidents. Change” to assist them with recognizing and and de Guzman discussed a 2003 Others target specific areas of chapter preparing for changes in organizations. And publication by Thomson-West titled, Guide functions, such as roundtables for treasurer in May, “Avoiding the Deadly Weapons that to Homeland Security. training (Monday morning by AALL Can Destroy Your Career,” highlighting the Director of Finance and Administration core characteristics of great achievers, and MALL Completes Outreach and Steve Ligda), membership development “Tax Research Overview” completed the Cataloging Initiatives, Notes (Monday morning, led by AALL Executive year’s programs. Services to Prisoners Anniversary Director Susan Fox), meeting management MALL Holds Third Open House for (Tuesday morning, conducted by Susan WestPac Sends Invitation to Annual Library Students Siebers), public relations (Tuesday morning Meeting in Estes Park, Colorado The Minnesota Association of Law Libraries by the AALL Public Relations Committee), The Western Pacific Association of Law (MALL) Placement/Recruitment Committee and government relations (Tuesday evening Libraries (WestPac) will host its annual sponsored on March 3 its third open house by AALL Associate Washington Affairs meeting this year in the beautiful resort town for library school students and others Representative Mary Alice Baish). These of Estes Park, Colorado, on September interested in law librarianship as a career. workshops provide valuable ideas, so don’t 16-18. The chapter welcomes all AALL Eight guests spoke with academic law let the brutally early hours of some of these members, but members located in Western librarians in the Riesenfeld Rare Books roundtables deter your chapter’s presence. states are particularly encouraged to attend. Research Center in Walter F. Mondale Hall Two workshops are of note. Chapter Events will be held in the historic Stanley at the University of Minnesota. The open and SIS newsletter editors will learn about Hotel, which is rumored to be the house followed a similar event featuring design, layout, style, and the technicalities inspiration for the Overlook Hotel in government library careers held in November of online publishing at a new workshop Stephen King’s, The Shining, and boasts a 2003 and one focused on private law organized by the Chapter of Newsletter number of ghost-sightings in its own right. libraries this January. Editors (CONE) on Saturday from 9 a.m.- The program will feature Wyoming MALL members with varied career 1 p.m. Information is available at www.aallnet. Supreme Court Chief Justice William U. paths within academic law librarianship org/committee/cone/. CONE also will hold Hill’s discussion of the reformation of volunteered to offer insights from the point a business meeting on Tuesday at 5:15 p.m. Wyoming’s county courts and justices of of view of a new law library director, a rare For those who are involved with designing the peace into a circuit court system. David books curator, and librarians with subject and implementing professional development Selden will share his experiences as law expertise. Other librarians—a Web master, a programs for their chapters, a professional librarian at the National Indian Law Library. technical services librarian, and experienced development workshop (by invitation) is Also scheduled to speak is interior designer authors—also contributed. Tours of the scheduled for Saturday from 8-11:15 a.m. and Feng Shui expert Eiko Okura, who library were offered as well. Attendees will discuss how to incorporate Feng Shui welcomed the opportunity to speak one-on- Let’s Celebrate! LLAGNY is 65 Years Old principles into your library workplace. Area one with our members and sought advice Congratulations to the Law Library musicians and a murder mystery dinner, for networking and career building. Association of Greater New York (LLAGNY) starring genuine WestPac librarians, will MALL Presents “Cataloging Legal on the occasion of its 65th anniversary. provide evening entertainment. Materials” Members of this outstanding chapter For additional information or MALL held on April 23 its final cataloging celebrated on May 17 with a special registration forms, contact local workshop in a series of four at St. Thomas program, “LLAGNY: Surviving and arrangements c/o The Wyoming State University Law School. Paddy Satzer, head Thriving, 65 Years Later,” followed by Law Library at 307/777-7509. of technical services at the University of St. wine and cheese. The program examined Thomas Law Library, presented “Cataloging challenges overcome by their chapter and CoALL Sponsors Program about Legal Materials,” an overview of applicable how it was affected by turbulent times, the PATRIOT Act AACR2 rules and LC practices. both economic and political. In particular, The Colorado Association of Law Libraries Real-life examples of legal cataloging members looked at ways to keep the chapter (CoALL) began its year with “An Inside issues, a list of recommended resources, and “viable and strong.” Additionally, a special Look at the USA PATRIOT Act and the specific AACR2 rules for legal formats and dinner and awards presentation was held on Department of Homeland Security” on treatments were presented and discussed. June 3 at Le Parker Meridien. March 25. The program featured John Subject access and authority work were

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included as well as suggestions for workflows, Minnesota State Law Library Web site at Wiggin attended the SNELLA Annual timesaving shortcuts, and continuing www.lawlibrary.state.mn.us. Chapter Dinner on June 3 at the Yankee education opportunities. More than 20 Silversmith Inn in Wallingford, Connecticut, MALL members attended the event. SNELLA Ends Year with Outreach, where he met with the membership and gave Minnesota Prisoner Program Celebrates Workshop, and Annual Dinner a brief talk on his work as director of the 20th Anniversary SNELLA Members Participate in “principal” law library of Connecticut, one The Law Library Service to Prisoners Career Night of the many hats he wears. (LLSP), created by the Minnesota State Law Three Southern New England Law Kelly Browne, head of reference at the Library and the Minnesota Department of Librarians Association (SNELLA) members University of Connecticut School of Law Corrections in 1984, celebrated its 20th answered students’ questions at Career Night Library, also spoke at the annual dinner anniversary with an open house on May 14. at the Southern Connecticut State University meeting. She discussed her grant-funded This unusual library (a department of the on April 6. Denise Jernigan, head of law research on the topic of emotional intelligence. Minnesota State Law Library) is staffed by and legislative reference at the Connecticut 2.5 full-time equivalent “circuit riding” law State Library; Sandra Phillips, Hartford trial MAALL Shares Local librarians, all MALL members. court law librarian; and Rebecca Engsberg, Arrangements Experience For 20 years, librarians have regularly reference/technical services librarian at An electronic version of the Mid-America visited each adult correctional facility in Quinnipiac Law School Library, participated Association of Law Libraries (MAALL)’s Minnesota, meeting with inmates to help by providing information about law Local Arrangements Manual is now available them find and use the legal resources available librarianship as a career. on the MAALL Web site at www.aallnet. in their prison law libraries. Questions that Consultant Demonstrates Myers-Briggs org/chapter/maall/index.htm. cannot be answered at the prison are Types to SNELLA Members This comprehensive guide to meeting researched further at the state law library. SNELLA held its Spring Workshop on planning consists of 13 chapters covering By supplementing the core collection April 23 at Quinnipiac Law School Library organization, budget, hotel, scheduling, of legal materials available at each prison in Hamden, Connecticut. “Using Thinking equipment and meeting rooms, events, with the resources of the Minnesota State Styles (Myers-Briggs) to Increase Personal exhibits, food, hospitality/Internet room, Law Library, LLSP eliminates the need to Effectiveness,” facilitated by Safiya Edwards publications, publicity and local information, maintain costly and extensive law libraries at of Strategic Communications, a management registration, and transportation. Each chapter each facility. Through LLSP, inmates educate consulting firm based in Branford, provides an overview of responsibilities; tips themselves about the law, their legal rights, Connecticut, gave members insight into for planning a successful meeting; and and the merits of any potential claim. their own particular Myers-Briggs types. The example documents, such as budgets, hotel The librarians who visit the prisons are program also showed members how to interact contracts, equipment checklists, and letters not only ambassadors of law librarianship effectively with other Myers-Briggs types in to vendors. to the inmates, but also ambassadors to committees and other work situations. The manual, based on the experiences corrections employees who utilize the service Connecticut State Librarian Chosen as of the St. Louis 2001 Local Arrangements for both professional and personal reasons. AALL VIP from SNELLA Committee and on observations made at Additionally, MALL libraries are encouraged Kendall Wiggin, Connecticut state librarian, MAALL meetings for nearly 10 years, was to refer inmate questions to LLSP. More accepted the nomination as chapter VIP compiled by 2001 co-chair Ann Fessenden. information about LLSP can be found at the to the AALL Annual Meeting in Boston. (continued on page 26) announcements Research Grant Awarded The AALL Research Committee has disciplines be appropriate in the field of law? endowment established by LexisNexis, awarded $5,000 to Samuel E. Trosow, The project will focus on collecting data which is administered by the AALL assistant professor at the University of pertaining to the copyright policies of law Research Committee. Created with a Western Ontario (Canada), faculty of reviews, journals, and other serials in the field $100,000 pledge from LexisNexis, the grants information and media studies and faculty of law. The completed study will provide an subsidize projects that create, disseminate, or of law. The grant will fund Trosow’s empirical basis for further work in this area use legal and law-related information that research project, “Open Access to Scholarly and will fill essential gaps in the current advance the profession of library science. For Communications in the Field of Law: literature. As a side benefit, the resulting more information about the AALL Research A Preliminary Assessment of Existing compilation will be of assistance to authors Grants, please visit www.aallnet.org/about/ Copyright Policies.” and librarians as a ready reference tool that grant_application.asp. This study’s objective is to assist in laying would allow comparison of various aspects The AALL Research Committee, AALL, the groundwork for the further development of copyright policies among the various and its corporate partner, LexisNexis, extend of alternative models of scholarly publishing legal journals. their congratulations to this year’s recipient in the field of law. To what extent would This research project is funded with a of the AALL Research Grant. the emerging practices and models in other grant from the AALL Research Fund, an

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committee news by Therese A. Clarke

Membership and Retention Committee at the University of Buffalo Law Library, Therese A. Clarke, Northern Illinois Announces Contest Winner is the winner of our contest to get new University College of Law, David C. Shapiro The AALL Membership and Retention members. Milles will receive free dues from Memorial Law Library, DeKalb, IL 60115 • Committee is pleased to announce that Jim AALL for 2004-2005. The committee 815/753-9497 • fax: 815/753-9499 • Milles, associate dean and director of the law wishes to thank all contest participants. [email protected]. library and visiting associate professor of law Submitted by Terry Long.

Chapter News - continued from page 25

LLAM Reports on Productive Year Association Maryland Chapter and supported GPLLA Learns about Negotiation The Law Library Association of Maryland by LLAM and other library associations. and Organizational Dynamics (LLAM) reports a year full of events, both In November 2003, Director of the Fifteen members of the Greater Philadelphia educational and social. Programs that were Maryland Division of State Documents Law Library Association (GPLLA) spent well-received by members included the very Dennis Schnepfe demonstrated Code of the afternoon of April 2 sharpening their practical “Attorney General Opinions: Who, Maryland Regulations (COMAR) online, as negotiating skills at a seminar presented by What, Where?”, featuring Robert McDonald, well as many other resources available from Professor Joseph Stuhlberg of the Moritz chief counsel to the Opinions, Advice, and the same Web site. He also discussed future College of Law at Ohio State University. Legislation Division of the Maryland plans for the publication of Maryland In recognition of the fact that members Attorney General’s Office, held in September regulations for LLAM members. constantly negotiate with others—whether 2003, and “Maryland AskUsNow!: Focus on Other events during the year included a regarding salary, vendor pricing, billing QRC and Law Questions,” presented by March roundtable where participants looked rates, library space, or time—the chapter Joe Thompson, director of the service, and for solutions to library budget woes and a decided that this was a valuable program, LLAM member Catherine McGuire, held in “Legislative Wrap-Up” for the state General worth a three-hour workshop. January. AskUsNow!, a 24/7 virtual reference Assembly, held at the Miller Senate Building Among the benefits were the service, was also featured at the full-day in April. LLAM’s popular Legal Research opportunities to be rewarded in terms conference, “Technology Day 2003: Virtual Institute was described in the June 2004 of higher-paying and more challenging Delivery,” presented by the Special Libraries “Chapter News” column of AALL Spectrum. positions, a reduction in daily stress caused LLAM’s holiday by unclear communication, and a better party was hosted by ability to achieve goals, both in the Joanie Bellistri and workplace and in every day life. Mary Now, more than ever! Nancy Wallace at the Lou Hess, library services manager at The single most useful Anne Arundel Circuit Wolf, Block, Schorr, and Solis-Cohen LLP, Court Courthouse in proposed the program and spearheaded the legal reference tool on the market. Annapolis. A silent effort to bring Stuhlberg to Philadelphia. John Necci, director of Temple’s Law Now in its 2004 (8th) edition, auction raised $350 to Library, was the gracious host of the event The Legal Information Buyer's Guide & Reference Manual offset annual expenses. remains unequalled as the most comprehensive, and useful legal reference After the party, groups at the Beasley School of Law. tool for law librarians, lawyers and legal professionals who want up-to-date wandered to downtown Other meetings included a Happy and insightful information on how to acquire legal information cost-effectively. Annapolis to enjoy Hour at Tir na Nog, attended by about 25 the annual Midnight members, and the monthly Directors-Only This 720-page virtual Breakfast Confabs. First Friday Brown Bag encyclopedia of legal Madness, when information has a merchants keep their Luncheons continued apace, with a March 4 multitude of uses: stores open until presentation on “The Best Legal Web Sites,” acquisitions guide, midnight; law librarians presented by Jenkins Law Library’s net guru budgetary tool, Dan Giancaterino; and a May 7 session on reference manual, and a happily put big dents in supplemental textbook. their shopping lists. A “Organizational Dynamics and Other Out- productive, educational, of-the-Box Ideas for Librarians,” presented by and inspiring year Bobbi Cross of Schnader Harrison. Cross is • 28 Chapters & 11 appendices! wrapped up in May pursuing her master’s degree in organizational • Unique 36-page pricing and Available in either print or a dynamics at University of Pennsylvania and fully searchable CD-Rom: with LLAM’s Spring supplemental cost spreadsheet! shared her observations on applying those • 1,400 legal treatise titles reviewed! $115 plus S/H or $160 for both. Fling at the Baltimore Flag House and theories to the work librarians undertake. Star-Spangled Banner Rhode Island LawPress Museum, with P.O. Box 331 • Westerly, RI 02891 AALL Immediate Naomi Goodman, Valparaiso University (800) 955-4089 • FAX (860) 535-0378 Past President Carol Law Library, Wesemann Hall, Valparaiso, IN [email protected] Avery Nicholson as 46383 • 219/465-7878 • fax: 219/465-7917 Visit us on the web at www.rilawpress.com special guest. • [email protected].

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AL7220 86420 AALL Spectrum.july 7/1/04 1:23 PM Page 28

criv notes by Margaret Maes Axtmann

CRIV 2003-2004 Wrap-Up a captive audience for new products, new communities. Our parent institutions It’s been another exciting year in the vendor marketing strategies, and new pricing often dictate our business practices. As a relations arena. The CRIV continued to models. Our methods of ordering, claiming, profession, we don’t always speak with one monitor developments in legal publishing and and communicating with customer service voice, so it is critical for each of us to make maintain communications with publishers and change regularly as publishers restructure our institutional needs and opinions known. law librarians. This year our activities included: and streamline their operations. The sheer Publishers also have a responsibility • publishing three issues of The CRIV Sheet; size and global nature of the companies to inform customers of planned changes • conducting an online discussion forum make it nearly impossible to have our voices in their product lines, prices, and sales on issues of common concern to heard, individually as law librarians and practices. They must recognize different publishers and librarians; collectively as AALL and the Committee on customer needs and work to accommodate • issuing 14 CRIVGrams; Relations with Information Vendors. those needs within their own policies. This • responding to 20 requests from law What is the CRIV doing about all of this? is a challenge for global publishers, but they librarians for information or assistance; The committee works hard, often behind the must maintain effective communication and • reviewing nominations and making scenes, to help publishers understand how personalized customer service in order to recommendations for the Best New their policies and practices affect libraries. keep law library customers satisfied. Product Award; We engage in conversations that articulate We are facing a watershed time for the • reviewing and updating the tools on the these general issues as well as address specific legal publishing industry and its customers. CRIV Page Web site (www.aallnet.org/ problem areas identified by law librarians. It is Law librarians and legal publishers would do committee/criv); and more difficult to have meaningful dialogue in well to work toward a better understanding • planning two programs for the 2004 the global publishing environment that exists of each other’s needs because we can’t AALL Annual Meeting. today, but we continue to make personal continue with business as usual. The CRIV Although the year’s accomplishments contacts and advocate for sound practices. stands ready to facilitate this discussion and represent a significant amount of work that We encourage better communication between monitor trends in legal publishing and benefits librarians and publishers alike, I am publishers and librarians, but the CRIV can’t pricing. I’d be glad to hear more from struck by how hard it is to make a real do it alone. publishers and librarians on this topic. difference for our members in their daily work. Ultimately law librarians must make a Let the dialogue begin! With the vast majority of print and concerted effort to talk to publishers about Margaret Maes Axtmann (mmaxtmann electronic resources being produced by two products, pricing, and customer relations. @stthomas.edu) is associate director for or three publishing conglomerates, libraries Law libraries come in many shapes and sizes, information resources at the University of St. and other consumers of legal information are with different collections, services, and user Thomas School of Law Library in Minneapolis.

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Congratulations AALL & West Strait Scholarship Winners!

Kelly Anders, Helane Davis, and Donna Joseph are the 2004 recipients of the AALL/West George A. Strait Minority Scholarship. AALL annually awards stipends to minority group members who are degree candidates in accredited library or law schools and who are planning careers in law librarianship. West is proud to have endowed these scholarships and salutes these outstanding scholars.

For more information, go to west.thomson.com/librarians

special interest section news by Don Arndt

CS-SIS Events and CS-SIS Meetings, Programs and and Story, two intellectual giants, and the Announcements Events in Boston fruit of that collaboration constitute an CS-SIS Leads Way Into New Era of Saturday, July 10 interesting but little known episode of Electronic Elections • CS-SIS Executive Board Meeting American legal history. The Computing Services-SIS recently held (03-04 and 04-05) 3 p.m. Submitted by Mark Podvia. its annual election of officers, using entirely • TS/OBS/RIPS/CS-SIS Joint Reception electronic balloting. Ken Hirsh and the (sponsored by III) 6 p.m. RIPS-SIS Holds Drawing at technology team at Duke were able to set up Sunday, July 11 Business Meeting a secure balloting mechanism for CS-SIS by • Program B-1 (Creative The Research Instruction and Patron adapting a series of PHP scripts that they Commons.org) 1:30 p.m. Services-SIS invites one and all to attend its were using for their student bar elections. • CS-SIS Business Meeting 5:30 p.m. business meeting on Sunday, July 11, at They used LDAP authentication against Monday, July 12 4:15 p.m. (location to be determined). accounts that Hirsh created for each CS-SIS • CS-SIS Breakfast Meeting 7 a.m. New members, long-standing members, member on their NetWare server. As the • Roundtable on Web Design and prospective members are all encouraged expert and pioneer in this area, Hirsh has and Maintenance 10:15 a.m. to attend. RIPS will give away $25 gift agreed to share his expertise at the SIS • CS-SIS Program Committee certificates to Amazon.com in celebration of Council Business Meeting in Boston in Meeting (04-05) 5:15 p.m. the 25th anniversary of its SIS. Register for response to requests from several of the Tuesday, July 13 the drawing at the RIPS table in the exhibit SISs for more information. • Program E-3 (law practice hall or at the business meeting, but you Congratulations to our new officers: technology course) 9 a.m. must be present at the meeting to win. Incoming Vice-Chair/Chair-Elect Dominick • Program G-2 (AI-based agents Submitted by Melissa Serfass. Grillo and Incoming Member-at-Large for your reference desk) 4 p.m. Robert Jacoby. They will join the continuing Wednesday, July 14 SR-SIS Submits Hot Topic members of our 2004-2005 Executive Board: • Program J-3 (Web site The Social Responsibilities-SIS submitted a 2004-2005 Chair Susan Boland, 2003-2005 translation software) 2:15 p.m. Hot Topic program proposal to the Annual Secretary/Treasurer Vicki Szymczak, 2003- Submitted by Don Arndt. Meeting Program Committee in April on 2005 Member-at-Large June Liebert, and the topic of same-sex marriage. The program 2004-2005 Immediate Past Chair Don LH&RB-SIS Hosts Roundtable proposal, “Same-Sex Marriage: The Legal Arndt. A fond farewell and huge thank-you Dr. Morris L. Cohen, Yale University Issues,” is geared to the Reference, Research, to our board members whose terms are emeritus professor of law and law librarian, and Patron Services core competency and expiring: 2002-2004 Member-at-Large Kris will speak at the Legal History and Rare includes a constitutional law scholar from Niedringhaus and 2003-2004 Immediate Books-SIS Roundtable at the 2004 Annual Northeastern University, a conflicts of law Past Chair Liz Glankler. Meeting in Boston. The roundtable is scholar from Harvard Law School, and an scheduled for July 11 at 4:15 p.m. It is open attorney from Gay and Lesbian Advocates Karaoke With Ken! to all AALL members; seating is limited. and Defenders who participated in the The social event of the season is upon us. Cohen’s topic will be, “Joseph Story and Goodrige case. When Ken Hirsh isn’t vaulting technical the Encyclopedia Americana.” Francis Lieber The SR-SIS, in conjunction with its hurdles associated with electronic balloting, settled in America in 1827 after fleeing his Standing Committee on Gay and Lesbian he’s been known to lead the CS-SIS in festive native Germany as a political exile. In 1829 Issues, has drafted a resolution denouncing bouts of karaoke singing. The date, time, he began publication of the Encyclopedia the proposed federal constitutional location, and directions to this year’s karaoke Americana, our first substantial scholarly amendment banning same-sex marriage. venue will be posted at www.law.duke.edu/ encyclopedia. The resolution will be read at the Members ken/karaoke.html, so be sure to check it out While living in Boston, Lieber had Open Forum on Tuesday, July 13, from before heading to Boston. become acquainted with many intellectual 3:15-3:45 p.m. and political leaders of that society, Submitted by Alison Alifano. 2004 CS-SIS Grant Winners including John Quincy Adams and Joseph The CS-SIS Grants Committee is pleased to Story. Story was then both an associate PLL-SIS Awards Travel Grants to announce the recipients of the 2004 CS-SIS justice of the U.S. Supreme Court and a AALL Annual Meeting Grants. The purpose of the CS-SIS Grants professor of law at the Harvard Law The Public Law Libraries-SIS Grants Program is to provide financial assistance to School. Lieber asked Story to write several Committee is pleased to announce the librarians who hold promise of future articles on law for his new encyclopedia, recipients of the 2004 PLL-SIS Travel involvement in the law library profession, and Story agreed, ultimately writing 16 Grants, generously underwritten by Global especially those who are directly involved in articles totaling 120 closely printed, Securities Information Inc. This year’s providing technology support of any kind double-columned pages, which appeared recipients are: Jane Baugh of Woods Rogers within law libraries. Funds are provided by beginning in volume three of the and Hazlegrove PLC, Mary Forman of the CS-SIS. Congratulations to our grant encyclopedia’s first edition. USAA, Dana Jones of Gibson Dunn and recipients: Kevin Cook of the State Law That volume appeared in the same year Crutcher LLP, Holly Riccio of O’Melveny Library of Montana, Lisa White of the 1st as Story’s great three-volume treatise, and Myers LLP, Mary Rose of Bryan Cave Circuit Court of Appeals Library, and Kim Commentaries on the Constitution of the LLP, and Terri Wilson of Underwood Deniker of Mercer County Court Library. United States. The collaboration of Lieber Wilson Berry Stein and Johnson PC.

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Please refer to the PLL-SIS Grants committee will be at the Breakfast and While there, you will be able to meet Committee Web site (www.aallnet.org/sis/ Business Meeting seeking recommendations with your mentor. Don’t know about this? pllsis/commgrp/grantscomm.html) for more for either changing or not changing the library Well, if you are interested in having a information concerning its grant opportunities. standards. We will have more information mentor, just go to the AALL Committee Questions concerning grants may be directed about this issue on our Boston Web site. on Mentoring Web site, fill out the form at to Margarita Bull, PLL-SIS Grants Committee All members are welcome at the ALL- www.aallnet.org/committee/mentoring/ chair, at [email protected]. SIS Statistics Committee meeting Monday, mentee_form.html, and you will be matched The PLL-SIS will kick off the 2004 July 12, from 7:30-8:45 a.m. and with an academic law librarian who best fits AALL Annual Meeting with the at “ABA Statistics: Tackling your requests. (If you want to be a mentor, traditional PLL-SIS Business Topical Questions— please fill out the form at www.aallnet.org/ Meeting and Breakfast. 2004 Update,” held on committee/mentoring/mentor_form.html.) We hope to see all PLL Monday, July 12, from Following CONALL, the Annual ALL- members—both current 4:15-5:15 p.m. The SIS Reception and Awards Ceremony will and new—at the business ALL-SIS will also be held at the Harvard Law Library from meeting on Sunday, July discuss at the 6:30-9 p.m. and is hosted by BNA Inc. 11, at 7 a.m. Breakfast and Members of the SIS will receive an We also encourage you Business Meeting invitation with information about busses, to purchase a ticket to the results of the etc. The reception will culminate our attend the PLL Luncheon membership survey 25th anniversary celebration. later that day. The luncheon, that the Membership Submitted by Sally Wise. sponsored by BNA Inc., will Committee developed. start at noon on Sunday, July 11, The ALL-SIS Directors’ SIS Council Elects New Chair and the luncheon speaker will be John Breakfast is scheduled for The 13 current SIS chairs comprise the Rankin, Her Majesty’s counsel-general to Tuesday, July 13, from 7-8:45 a.m. At the SIS Council. The council exists to foster New England. More information on Rankin breakfast, we will have a forum about the communications among the SISs, the can be found on the Web at www.britainusa. various ramifications of director status, Executive Board, and AALL Headquarters. com/boston. including a panel and a moderated Each year the current SIS chairs elect one Submitted by Holly M. Riccio. discussion on these issues. The line-up of the current SIS chairs to serve as SIS includes Dick Danner, panel moderator and council chair for the following year. ALL-SIS Events in Boston commentator; Lolly Gasaway, the law library The responsibilities of the SIS chair This year the Academic Law Libraries-SIS director’s status—view of an experienced include attending the AALL Executive will celebrate its 25th anniversary as an SIS. professor and director; Judith Wright, Board Meetings during the year and Please be sure to wear a 25th anniversary explanation of ABA proposed revisions communicating with the SIS chairs about ribbon during the meeting. The ALL-SIS for law libraries; Linda Ryan, report on the issues of common interest to the SISs. The celebration will begin with the Breakfast and results of her director survey; and Barbara SIS council has recently elected Don Arndt, Business Meeting and culminate with the Bintliff, ensuing discussion moderator. from the University of Toledo, to serve as Tuesday evening Reception and Awards The ALL-SIS Middle Managers’ the SIS council chair for 2004-2005. Arndt Ceremony at the Harvard Law Library. Breakfast, sponsored by LexisNexis, is is the current chair of CS-SIS. Please visit the ALL-SIS Boston Meeting scheduled for Tuesday, July 13, from 7-8:45 Submitted by D.R. Jones. Web site at www.aallnet.org/sis/allsis. a.m. At the breakfast we will address the The ALL-SIS Breakfast and Business practical issue of how middle managers Don’t Forget to Catch the Meeting will be held on Sunday, July 11, should position themselves now to move to “Alphabet Soup” Reception from 7-9 a.m. West will host the breakfast. the next job level. Even those not interested Jointly sponsored by the TS/OBS/CS/ During the meeting, we plan to discuss the in a new position will interview others for RIPS-SISs, and generously underwritten by ABA Standards for Approval of Law Schools jobs at their own libraries, and it will be Innovative Interfaces Inc., the “Alphabet and Interpretations (www.abanet.org/legaled/ helpful to know what is considered expected Soup” reception is an event not to be standards/standards.html). levels of expertise for various positions that missed. Catch up with old friends in a The ABA Section on Legal Education may be outside of your own specialty. relaxed atmosphere while sampling a and Admissions to the Bar is systematically Are you a new academic law librarian? delicious array of food and drink. This year’s reviewing the standards. The Standards Please join us at CONALL—the Conference event will feature international cheeses, Review Committee is charged with reviewing of Newer Academic Law Librarians—held fresh vegetables and dip, hummus and proposed changes in, or additions to, on Tuesday, July 13, from 5:15-6:15 p.m. bread, and a selection of fresh fruits and standards, interpretations, rules, policies, at the Harvard Law Library. Transportation berries served with white and dark chocolate procedures, and criteria. This committee to HLS is provided by the generosity of fondue, pound cake, and whipped cream. hopes to begin review of the library BNA Inc., so it will be easy for you to get Yum! It’s the place to be on Saturday, July standards next year, and it would like there. The program will involve a short 10, from 6-7:30 p.m. at the Sheraton. recommendations from the ABA Law skit and lots of time for Q&A, where Don Arndt, University of Toledo, Law Libraries Committee by August 2004. we will have librarians representing all Center, Mail Stop 508, Toledo, OH 43606- ABA Law Libraries Committee Chair departments of academic law libraries 3390 • 419/530-2945 • fax: 419/530-5121 Judith Wright and members of her respond to your questions. • [email protected].

AALL Spectrum July 2004 31 86420 AALL Spectrum.july 7/1/04 1:24 PM Page 32

membership news by Sarah Mauldin

New Librarians Research Center at the Northwestern academic libraries) covering 32 counties in Ann Davey, a second-year law student University School of Law from 1996 to March southern Illinois with a population base of and first-year library student in the Law 2004 and at the Hugh and Hazel Darling Law 645,365, and president of the Carbondale Librarianship Program at the University of Library at UCLA from 1991 to 1996. Public Library Board of Trustees. Buffalo Law School, has been selected for the Pat Newcombe has been named Joyce Manna Janto, deputy director at position of law library intern at the U.S. associate director of Western New the University of Richmond School of Law Supreme Court Law Library this summer. England College School of Law Library in Library, presented “Library Records and the Upon completion of her internship, Davey Springfield, Massachusetts. Newcombe has Law: How the USA PATRIOT Act and will be a graduate assistant at the University been at the library for nine years, most Other Laws Affect Us” at the New Jersey at Buffalo Law Library. recently as head of research services. Library Association’s conference on April 20. Paul Moorman is the new reference/ Carol A. Parker is the new law library Karen L. Spencer, archives and special electronic services librarian in the law library director at the University of New Mexico collections librarian at the University at at the Pepperdine University School of Law School of Law in Albuquerque. Parker came Buffalo Law School Library, The State in Malibu, California. Moorman received his from the Wayne State University Law Library University of New York, has won the SUNY MSLIS from the University of Illinois at in Detroit where she served as assistant director. Chancellor’s Award for Excellence in Urbana-Champaign in 2003. He practiced Eric Parker is now the acquisitions Librarianship. This award is given in law in Chicago for 10 years after earning his librarian at the Pritzker Legal Research Center recognition of outstanding contributions in JD from Washington University in St. Louis (PLRC) at the Northwestern University three areas: skill in librarianship, service to in 1992. School of Law in Chicago. Parker has worked the university and the profession, and Kathleen Wilko, a graduate of the at the PLRC since 1995, initially as catalog scholarship and professional growth. William and Mary Marshall Wythe School librarian and for the past three and a half years Susan Tulis, associate dean for of Law and current library student in the as electronic resources and services librarian. information services for Southern Illinois University at Buffalo Law Librarianship University’s Morris Library, has been Program, is completing a practicum at the Professional Activities appointed to a three-year term (2004-2007) law library and will graduate from the Timothy L. Coggins, director at the on the Depository Library Council by U.S. program this summer. University of Richmond School of Law Public Printer Bruce James. The council is Library, presented two sessions, “Internet an advisory body that provides advice to New Places and Responsibilities Searching: What Every Paralegal Needs to the public printer on topics related to the In May, Don Arndt was appointed to the Know” and “Kicking It up a Notch: Power Federal Depository Library Program. The position of interim director of the LaValley Searching on the Internet,” at the fourth council is made up of 15 representatives Law Library at the University of Toledo in statewide conference of the Virginia Alliance from the government information Toledo, Ohio. of Paralegal Associations on April 23. community who each serve three-year terms. Hal Brown is the new assistant director James Duggan, director of information Tulis is a former chair of the American at the Law Library Microform Consortium services and professor at Southern Illinois Library Association’s Government in Honolulu. Previously, Brown spent major University School of Law, has been elected Documents Roundtable and is no newcomer segments of his career serving as a private law president of the SIU-Carbondale Faculty to the council. She served two previous firm library director. Senate for academic year 2004-2005. Duggan terms, 1990-1993 and 1984-1987. Kevin McClure is the new government also currently serves as president of the Sarah Mauldin, Lionel Sawyer and documents librarian at Chicago-Kent College Shawnee Library System Board of Directors, Collins, 300 S. Fourth Street, Suite 1700, of Law Library. Prior to his arrival at Chicago- a regional library system (including school Las Vegas, NV 89101 • 702/383-8988 • fax: Kent, McClure worked at the Pritzker Legal districts, public libraries, special libraries, and 702/383-8845 • [email protected].

Why Did You Join AALL?

“I joined AALL for many reasons, “Professional involvement is important for so but the primary reason is because many reasons, especially for someone like me who is it helps me to be a better law just starting out. AALL is an essential networking librarian. AALL, through its various resource; it is the best way to meet law librarians from publications, meetings, chapters, all over the country at all different stages of their mentoring programs, and networking careers. It is also a great information resource. Through possibilities, provides its members with my membership in both the CS- and FCIL-SISs, I have an efficient way to access the collective access to information about the specific areas I am most knowledge of law librarians throughout the country. interested in. Among the other benefits of AALL membership that I I truly believe that membership in AALL is an appreciate are subscriptions to AALL Spectrum and the Law Library indispensable part of providing the quality information Journal, and eligibility for scholarships and grants. I am also looking service our patrons deserve.” forward to attending my first Annual Meeting in July.” — Paul Moorman — Ann Davey

32 AALL Spectrum July 2004 86420 AALL Spectrum.july 7/1/04 1:24 PM Page 33

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GSI and LIVEDGAR are registered trademarks of Global Securities Information, Inc. 419 7th ST NW Washington, DC 20004 | 800.669.1154 www.gsionline.com | [email protected] LEADING THE WAY IN SECURITIES RESEARCH 86420 AALL Spectrum.july 7/1/04 1:24 PM Page 34

Cyberplagiarism - continued from page 7

that several universities have raised potential that the answer is no. Colorado College conjunction with other activities that bring copyright infringement issues as to how librarians Marla Gerein and Robin one’s integrity into question, a student Turnitin uses these student papers, according Satterwhite submitted 146 papers known could find him or herself disbarred even to Andrea L. Foster in the May 17, 2002, to have plagiarized sources to five detection before graduation. issue of Chronicle of Higher Education. As services. No service yielded a 100 percent Among lawyers and judges, plagiarism a result, Turnitin.com “has engaged the detection score. raises both ethical problems and issues of services of the law firm Foley and Lardner to The most successful program, bringing the administration of justice into insure that our use of student work complies Turnitin.com, detected 58 percent of the disrepute. Disciplinary action or extensive with FERPA, COPPA, and copyright laws copied sources. The other four services bad publicity can be career-ending results and requirements,” the Web site reports. averaged a discovery rate ranging from of intellectual theft. Whatever the stories Turnitin markets a version of the 20 to 43 percent. Librarians using Google that may circulate about senior partners plagiarism detection software to businesses detected 52 percent of the plagiarized privileging a summer associate by as iThenticate at www.ithenticate.com. passages. Turnitin.com found 93 percent plagiarizing her work or a clerk gaining MyDropBox www.mydropbox.com of sources available for free on the Internet satisfaction knowing that he really wrote a MyDropBox functions along much the while librarians found 88 percent of free judge’s opinion, plagiarism is not a form of same lines as Turnitin.com. The software sources. Fee-based sources proved more flattery and is a very bad habit to cultivate. checks submitted papers against not only difficult to find: Turnitin.com found only Law librarians must take a part in Web sites but also against proprietary 50 percent; librarians using Google detected educating their clients about the dangers electronic databases and nearly 350,000 42 percent. Other programs found between of plagiarism as well as the techniques of previously submitted and stored papers. 9 and 35 percent. uncovering plagiarism in order to protect the The site offers a free trial and sample reports Gerein and Satterwhite conclude that, reputations and careers of all legal writers. for potential subscribers. in most instances, detection services do not Sharon Blackburn (sharon.blackburn CopyCatch warrant the expense. If professors, judges, @ttu.edu) is head of reference and instruction www.copycatch.freeserve.co.uk and attorneys suspect plagiarism, either the at Texas Tech University School of Law Featuring a number of products for old-fashioned or cyber varieties, their best Library in Lubbock. Stephen Good (stephen. educators and commercial ventures, bet is to contact a librarian. (To see the full [email protected]) is electronic services librarian CopyCatch allows users to download results of the study, visit www.cc.colorado. at Texas Tech University School of Law software for use on a local machine or edu/Library/Course/webplag2a.html.) Library in Lubbock. The authors would like network for comparing already captured to thank Professor Kay Holloway of the Texas source documents. Why Fight Plagiarism? Tech University School of Law and librarian Is detection software worthwhile? The In law school, plagiarism is an honor Brian Quinn of the Texas Tech University results of a 2002 study seem to indicate code violation. If done repeatedly or in Libraries for their assistance with this article.

Anniversary - continued from page 9 memorials of Law, increases in applications and Gasaway, director of the law library, Walter H. McLeod was law librarian contributions to the current fund-raising University of North Carolina at Chapel Hill. and professor of law at the University effort are seen as positive signs. Billings described plans for the of Idaho in Moscow until 1982. He upcoming celebration. “We’ll be paying earned his JD from William Mitchell AALL’s 100 Years of Leadership tribute to the leadership AALL and its College of Law in Minneapolis, and Point the Way to the Future members have shown by a century-long at age 55 obtained his MML. He Speaking of anniversaries, AALL has a commitment to our mission and values,” died in March at the age of 86. significant one of its own coming up before she said. “We also want to emphasize the long. In 2006, the Association will be 100 importance of sharing this leadership and years old. Carol Billings, director of the commitment with future generations of Law Library of Louisiana, chairs the Special law librarians.” ad index Committee on the AALL Centennial In addition to the satisfaction of Celebration. And the message selected as recognizing a milestone, an anniversary can Advanced Productivity the celebration’s theme is: The American be celebrated in a way that produces a ripple Software ...... 19 Association of Law Libraries, 1906-2006: effect of awareness and good feeling. Your BNA ...... 5 A Century of Leadership. library, law firm, or professional association Court Express ...... inside back cover Beginning at the 2005 AALL Annual will be portrayed in a favorable light to Ebsco ...... 28 Meeting in San Antonio, anniversary audiences you want to impress, and that activities will be held throughout the year, image will be remembered for years to Global Securities ...... 33 with the grand finale coming at the 2006 come—at least until it’s time to reinforce LexisNexis ...... 3, 27, back cover Annual Meeting in St. Louis. Members of it with another anniversary celebration. Practising Law Institute ...... 36 the special committee have been hard at Sally Holterhoff (sally.holterhoff@ Rhode Island Law Press ...... 26 work for many months, following earlier valpo.edu) is government information/reference planning done by the Task Force on librarian at Valparaiso University School of RoyaltyStat ...... 19 Centennial Planning, chaired by Laura Law Library in Valparaiso, Indiana. Softlink...... 36 West ...... inside front cover, 23, 29

34 AALL Spectrum July 2004 86420 AALL Spectrum.july 7/1/04 1:24 PM Page 35

PATRIOT Act - continued from page 13 Balancing Act - continued from page 15

patron records. Other legislation, especially, States are also concerned about the but obtained by mail copies of documents the Security and Freedom Ensured (SAFE) anonymous nature of electronic access; it filed in federal courts around the country, Act, tackled many different provisions. allows miscreants, such as stalkers, free according to Remote Public Access to While providing similar limitations on and easy access to people who should be Electronic Criminal Case Records: A Report the use of FISA orders to libraries and protected. In Florida, a recent case of on a Pilot Project in Eleven Federal Courts, booksellers, SAFE would also limit the use abduction became possible when court a paper prepared in 2003 by the Federal of “sneak and peak” searches, limit the use records containing personal information Judicial Center. of “roving wiretaps,” and expand the were placed on the Internet. The case Despite this case, the respondents to reporting requirements on the use of these sparked a debate within the community the pilot project in Florida reported seeing and other provisions. concerning exposure to victims’ confidential no verifiable harm caused by public access In January 2004, Ashcroft sent data. As a result, clerks of Florida’s to their records. Chairman of the Senate Judiciary county courts ended Web access to their Committee Orrin G. Hatch (R-Utah) a documents, according to the April 29, 2004, Why it’s Important letter stating that the SAFE Act would edition of the Sarasota-based Herald Tribune. No matter what environment law librarians “undermine our ongoing campaign to detect Where is the bright line between find themselves working in, they will be and prevent catastrophic terrorist attacks” the public good of transparency and exposed more and more to this debate. and threatening a Bush administration veto. accountability and the protection of privacy Although technology did not create the No hearings have been, or are expected to interests? Can anyone define that line? problems, it has eliminated the practical be, scheduled on any of these proposed bills. Another salient question in this time of obscurity of court records that were only (See Table 2 on page 13 for a list these bills financial crisis for the nations’ courts is, who available at remote and relatively inaccessible and their status as of mid-June 2004.) should pay for public access? Should it be courthouses. Now the records are visible. the courts, which are starved for funding? How should we define whose privacy Keeping Current Or the public through a PACER-kind of should be protected, what data elements By the time this article is printed, the courts system, which provides access to federal must be redacted, and what restrictions on may have issued some decisions or Congress court information for a fee? If there is a secondary use should be adopted? Along may have passed legislation affecting the paper and electronic record, with the latter with court officials, those who should be PATRIOT Act. A couple of Web logs are having redacted information, which is the represented at the policy and rulemaking good sources of current information on the official record? The National Association for table include data miners, publishers, status of the USA PATRIOT Act: beSpacific Court Management has adopted standards victims’ advocates, and law librarians. (www.bespacific.com/), written by law that stipulate that the electronic record We know how people use information. librarian Sabrina I. Pacifici, and Behind the should be the official version. But more importantly, law librarians— Home Front (www.rcfp.org/behindthe During a pilot project last year, the more than any other professional group— homefront/), sponsored by the Reporters federal courts heard a case of alleged identify are experienced and informed about Committee for Freedom of the Press. Action theft filed in the Middle District of Florida. balancing privacy rights with public access. Alerts sent out by Mary Alice Baish, AALL’s The defendants targeted prominent and associate Washington affairs representative, wealthy individuals who had been charged Judy Meadows ([email protected]) is and members of the Government Relations with crimes in federal court, used the director of the State Law Library of Montana Committee provide another source of Internet and publicly available federal court in Helena. Bob Oakley (oakley@law. information. Whether you approve or records to gather identifying information georgetown.edu) is director of the law library disapprove of sections of the PATRIOT Act, about these individuals, and used that and professor of law at Georgetown University it is important for law librarians to remain information to established credit cards and Law Center in Washington, D.C., and serves informed and aware of its potential lines of credit. as AALL’s Washington affairs representative. consequences to our libraries and our patrons. According to investigators, the case Leah Sandwell-Weiss (leah.sandwell- did not involve the misuse of documents Archived materials from the National [email protected]) is a reference librarian available via remote pubic access. The Conference on Privacy and Public Access at the law library at the James E. Rogers defendants allegedly used PACER to track to Court Records can be accessed at www. College of Law in Tucson, Arizona. the progress of their victims’ criminal cases, courtroom21.com/privacy.

professional development calendar PDC Desktop Learning Opportunity Series (AALL Spectrum) • “Using Syndetic Solutions to Enrich Web OPAC Catalog Records” by Patricia R. For more information about Professional Monk, November 2004 Development Program activities, please visit www.aallnet.org/prodev. AALL recognizes major support from BNA Inc. for the Professional Development Program.

AALL Spectrum July 2004 35 86420 AALL Spectrum.july 7/1/04 1:24 PM Page 36

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36 AALL Spectrum July 2004 86420 AALL cover 7/1/04 12:51 PM Page 3

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washington, dc new york los angeles richmond chicago 86420 AALL cover 7/1/04 12:52 PM Page 4

See you in Boston!

We Look Forward to Seeing You at the 97th AALL Annual Meeting & Conference, July 10 – 14.

Plan now to join us for Stop by the LexisNexis booth to view the after-dinner AALL Opening Event informative demonstrations and learn about our hosted by LexisNexis newest products and online enhancements. Participate ™ ...at the John B. Hynes Memorial Convention Center. in our exciting, new LexisNexis Rewards Program The festive evening marks the sweet beginning for where you can now receive reward points by viewing your busy week, offering a fantastic array of delicious our product demonstrations. Use your points to desserts to enjoy as you reconnect purchase that must-have item you’ve been wanting, with familiar friends and choosing from thousands of wonderful merchandise become acquainted with options available expressly for you. new colleagues.

LexisNexis and the Knowledge Burst logo are trademarks of Reed Elsevier Properties Inc., used under license. It’s How You Know is a trademark of LexisNexis, a division of Reed Elsevier Inc. © 2004 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. AL6912 86420 AALL Memb. brief 7/1/04 12:56 PM Page 1

Multi-National Members’ Briefing Management

The Missing Five Hours: Spanning the Globe Life in a Global Law Firm Meeting Global Needs he world of a global law firm is exhilarating, complex, and by Carol N. Rogers T challenging. Carol Rogers, information resources coordinator for When asked how a law firm as large and How does it fill in for the missing five Latham and Watkins, gives us a glimpse geographically diverse as Latham and hours? Fortunately Latham has long into this brave new world. As you will see Watkins meets needs globally, my first recognized and strongly promoted support from her article, dealing with legal thought was the “missing five hours.” services to all of its offices. All firm offices information needs from Hamburg to The missing five hours is the amount have been visited by me or by my director, Singapore is no easy feat. Time zones, language differences, and practice of time within a 24-hour period that no Bob Oaks. We’ve made it a point to be as specializations make the multi-national law Latham office is open. Five hours isn’t inclusive as possible with library manager firm a unique venue for the law librarian. a large block of time—unless you need meetings and conference calls, reference something or someone a continent away. library training sessions, and firmwide Those of us who work in academic and agreements for electronic services. We state, county, and other governmental law Latham and Watkins is a global law firm have a presence at the partners’ meeting, libraries have unique challenges in this with more than 1,500 attorneys in 21 global environment. But I believe that the a firmwide online catalog, and the list offices. Its stateside offices are in Boston; multi-national law firm is leading the way goes on. Chicago; Costa Mesa, California; Los in demanding new skills, strategies, and expertise from library professionals. Angeles; Menlo Park, California; New Challenge #1—Staying Connected York City; Newark, New Jersey; Reston, to International Offices Rogers’ description of life at Latham Virginia; San Diego; San Francisco; and About 18 months ago, I toured our Asian and Watkins underscores the need to Washington, D.C. The international offices offices. It was the first visit from anyone think creatively about serving clientele operating anywhere in the world on a are in Brussels, Frankfurt, Hamburg, in our Information Resources Department. 24/7 basis. Her description of marketing Hong Kong, London, Milan, Moscow, At the same time I called on Hong Kong, Paris, Singapore, and Tokyo. library services and working with firm Singapore, and Tokyo, my director visited leadership to identify new opportunities our European offices. It was a marvelous and find solutions is a lesson to us all The missing five hours tour; some of the results that came from about the entrepreneurial spirit and is the amount of time visiting both our Asian and European energy required to successfully meet offices have grown and come to affect law firm needs. “within a 24-hour period all Latham offices. that no Latham office is I hope you find Carol’s article as enlightening as I have. It is an exciting open. Five hours isn’t a Latham’s Asian offices are relatively small, and I had the opportunity to visit world indeed! large block of time—unless personally with each attorney in each you need something office. I also met with each administrator or someone a and the secretarial, paralegal, business continent away. development, and support staff. In addition Janis Johnston to meeting with each attorney to see what AALL President, 2003-2004 ” his or her individual needs were, we held Our Global Services Office (GSO) is an attorney lunch in each office for a more located in Los Angeles in a separate formal presentation as to what library building from the practice office. The services were available to them from our administrative office takes up three intranet and to discern what the collective floors, and, in addition to the Information needs of the offices were. The response Resources Department, it houses from everyone was overwhelmingly accounting, business development, positive. I was told by several of the and technology. We have many GSO attorneys just how much they appreciated employees located in other offices as the visit—they didn’t feel so much like well. In fact, we have a GSOE (Global being at the “outpost.” Services Office-Europe), where many of the European administrative functions All of our non-U.S. offices have legal staff are handled. from one or more of the stateside offices. In addition to staffing, many transactions So how does the library meet the varying and deals are worked on by more than one needs of attorneys in so many locations? office and may transcend several. This type

American Association of Law Libraries continued on page 2 AALL Spectrum, July 2004 86420 AALL Memb. brief 7/1/04 12:56 PM Page 2

American Association 2 Members’ Briefing — AALL Spectrum, July 2004 of Law Libraries

Meeting Global Needs service to all of its offices. Perhaps it is subject headings. The development of our continued from page 1 because I don’t always remember to think firmwide catalog has been on the agenda globally, but on more than one occasion of almost every library managers’ meeting I’ve been asked for a pro bono password for and is a resource that is heavily used. of work process means that library research one of our non-U.S. offices. Pro bono work tools need to be available to everyone at is a rich tradition at Latham, and one that Challenge #2—Maintaining any given time. A prime example of a library is shared firmwide. Communication among Library resource that is used firmwide is the CCH Staff Securities Library, an online collection of Our library managers have historically federal and state securities products. The received strong support from the firm. For service is IP authenticated and requires ... because of the fluidity of many years now, we have been able to hold no password. Latham has a firmwide the firm and the associate annual meetings, usually in conjunction agreement for that product, and while “exchange program, it is with the AALL Annual Meeting. All of our usage in some of the non-U.S. offices might even more important managers come together for at least a day be limited, knowing about the service and than ever that we share and a half of Latham meetings. We review how to use it is extremely important. Just our budgets, share our resources, and most think back to that five-hour time gap. our resources with of all gain a better understanding of how one another. our individual offices work and what their Because our Asian offices are small and needs are. Most recently, our European cannot support full-time library staff, the ” library managers got together for a one-day business development and paralegal staffs meeting in Paris. We will all meet together are called upon frequently to research. I was able to stress to both the attorneys this summer in Boston. In the past, our I spent quite a bit of time with both staffs and support staff the importance of sharing meetings covered such topics as personnel reviewing and introducing a number of our resources. We do centralized cataloging issues, conversations with business online library services. Those services at Latham and have a library system that development, billing code changes, library included Lexis and Westlaw; Hoover’s; will accommodate international characters. training programs for attorneys, library Factiva.com; Project Finance International; This was a critical factor in deciding on a reference training programs, library user LivEdgar; Dun and Bradstreet; CCH’s recent upgrade to our firmwide catalog. audits, retention policies, copyright issues, Securities Library, including the then-new One of our associates was put in charge of library branding, the catalog, and virtual Global Securities tab; Matthew Bender the library in one of our smaller European reference service. treatises through Authority on Demand; offices and asked why his office should BNA newsletters; and West’s IntraClips. submit titles for the catalog since the These discussions allow us to better serve I provided training where appropriate and official language was not English and all of Latham, regardless of the location. assigned passwords. The above-mentioned would be of limited interest to the firm We routinely send out announcements to services are, of course, just a sampling of as a whole. I responded that because of specific departments when we add or expand the possible resources available. the fluidity of the firm and the associate a service. We added the Aspen securities exchange program, it is even more treatises to our electronic subscription to the Even knowing that transactions are worked important than ever that we share our CCH Securities Library as soon as they were on by attorneys in different offices, I was resources with one another. available. We’ve had the CCH service for surprised to learn that a number of the several years now, but when the Aspen titles U.S. services, such as Aspen’s Delaware Within our stateside offices, it is not were added, a note was sent to our entire Library and Aspen’s Corporation Library, uncommon for one library to request from corporate department. One of the nicest were of interest to the attorneys in our another a loan of a particular title. That notes of appreciation I received was from an Asian offices. Since most of our electronic being said, I have personally pouched books attorney in our London office. He was very subscriptions are available from our to both Singapore and Hong Kong from our pleased to see the Loss Seligman title intranet and are IP authenticated, any staff Los Angeles library. Without sharing our available electronically from the CCH library. member can access any service at any time. resources by listing our library holdings in the Web catalog, neither Singapore nor In addition to the annual meetings, The West IntraClips were of great interest to Hong Kong would have known that we could the library managers hold a monthly the attorneys. On the spot, I was able to be of assistance. I know that our New York, conference call. We make sure that we start add e-mail clips for the Far Eastern Economic London, Paris, and Los Angeles libraries are the call early enough on Pacific time to Review, The Daily Telegraph, and the Times actively involved in interlibrary loans include the European offices. When we add (London). The IntraClips are included in throughout the firm. library staff in Asia, that five-hour time gap a firmwide agreement with West and are It has been important for us to realize that will again become an issue. Our monthly provided to the attorneys via e-mail or the Library of Congress scheme that we use calls include the usual administrative the intranet at no additional cost. No in our stateside offices does not necessarily topics, but we also discuss any new or password is required for the service. work for the non-U.S. offices. We have made updated service we might be looking The libraries can add any client, topic, or adaptations for our London and Paris at. Everyone has the opportunity to specific papers the attorneys would like offices and were recently able to show those participate in the decision-making process. added to the list. to our Frankfurt and Hamburg offices, Everyone also has the responsibility of We also talked briefly about pro bono inducing them to come on board. It’s easy representing that decision once it is made. matters. Latham has an arrangement to add local call number tags, use a note That makes firmwide training for all of with both Lexis and Westlaw for pro bono field for keywords, and add a few local our library staff extremely important. 86420 AALL Memb. brief 7/1/04 12:56 PM Page 3

American Association Members’ Briefing — AALL Spectrum, July 2004of Law Libraries 3

We hold monthly library reference staff We had a laptop at the ready with a meetings that begin at the same early monitor facing outward, along with some Pacific start time as the managers’ calls. tremendous handouts prepared by our We routinely combine a NetMeeting, library staff throughout the firm. Our Advice for a Global Live Meeting, or WebEx session along handouts were based on specific practice with the conference call. It is on these calls and geographic areas. Each of the handouts Firm Library that we introduce new services, oftentimes included our branding and was titled, “The with a vendor representative giving the Best of ….” Coverage was truly global. Our Visit international offices presentation. We also offer reviews on Paris librarian put together a French law on a regular basis. This lesser-used services or those services guide, while our Brussels librarian put helps overseas attorneys and that have released new features. Where together a guide on the European Union. staff feel less like being at appropriate, we have extended invitations These are just two examples of the the “outpost.” to the attorneys and support staff from our handouts we had prepared. The materials business development department. Our covered subscription and free sources goal is of course to be as well prepared available from our intranet and included Make library research tools and informed as possible, regardless of brief descriptions of the services featured. available to everyone at any our location. given time. For example, While staffing our reference desk, we make firmwide agreements Challenge #3—Having a were able to introduce ourselves and our for online collections and Presence within the Firm services to many of the partners who products. This past March, the library managers stopped by to ask directional questions or to see what we were all about. Bob Oaks were invited to take part in the partners’ In offices without full-time meeting. This was an exciting event for us! and I both stood behind the desk when one of the partners from our New York office library staff, train support staff The meeting was held at a Los Angeles on online library services. hotel over several days. It was nice to see approached. I recognized his name as the the partners that I had met while on my partner in charge of Latham’s paralegal Asian tour and meet many with whom program. For several years, we have been Share resources among I had corresponded through e-mail. There is trying to become a greater part of that offices. Establish a firmwide absolutely no substitute for face-to-face program to offer our resources and training. catalog, and have all offices time; as the MasterCard commercial says, When I realized who he was, I wasted no submit titles—regardless of “some things are priceless.” time moving to the front and extending my language or subject. hand with an introduction. I moved so To prepare for the meeting, we formed a quickly that I may have startled him, but core committee made up of those like we did get an invitation on the spot to Hold annual meetings for myself who work for our Global Services have a presence at the next firmwide library managers to share Office and serve the entire firm. Because paralegal meeting. how their individual offices the meeting spanned several days, work and share their needs. we included staff from both our Los We also had the opportunity to visit with Angeles and Costa Mesa offices. A few the managing partner from our Hamburg brainstorming meetings and some terrific office. He wanted to visit with Oaks and Have library managers and me about the library needs of his office. reference staff hold monthly Learning to understand and appreciate conference calls. This allows In addition to the annual cultural differences and practices between all managers to participate in meetings, the library our offices has been very important. In our decision-making and reference “managers hold a monthly German offices, for instance, law clerks do staff to introduce new services. research that would be done stateside by conference call ... our goal the library staff. Until recently, the library is of course to be as well staff in our German offices has been Send announcements to prepared and informed as technical and clerical in scope. As a specific firm departments possible, regardless direct result of our conversation with the when the library adds or of our location. managing partner of the Hamburg office, expands a service. we now have a new library manager serving ” both our Hamburg and Frankfurt offices, Have a presence at partners’ print jobs by our business development and we are looking forward to the new and paralegals’ meetings. department later, we were ready. Our manager’s involvement with our group. Set up a “virtual reference presence at the partners’ meeting included Our Technology in Practice Department desk” and/or exhibit table a “virtual reference desk” and a table in sponsored an exhibit room that included at the meeting. the exhibit room. Our reference desk was presentations from outside vendors. We located just outside the communications chose to be our own vendor and found that room where all of the partners went to staffing the exhibit room was a different check e-mail, pick up or place faxes, and experience from staffing the reference desk post messages for one another. We could and very worthwhile. We set up displays of not have asked for better positioning! various services and included a whiteboard continued on page 4 86420 AALL Memb. brief 7/1/04 12:56 PM Page 4

American Association 4 Members’ Briefing — AALL Spectrum, July 2004 of Law Libraries

Meeting Global Needs partners’ meeting to discuss what worked Spanish and German content databases well and what we will do differently from Westlaw. Suffice it to say, developing continued from page 3 for future meetings. We will have the good relationships with your vendors is opportunity to include staff from other paramount. Working across time zones with a heading that read, “Ask Me About offices as the locations for the meetings and differing languages takes work, but …” and listed services we thought would be change. This is a fantastic opportunity to the end result is well worth the effort. of interest. We included our professionally increase our visibility and viability within Latham’s goal is to provide the very best printed handouts and some nifty giveaways the firm and, more importantly, reach a from a few of our vendors. service possible in the most time-efficient broader audience. manner. Working through that five-hour Once again, we were fortunate to have good In meeting the needs of our attorneys, time gap can be challenging. Working positioning. Our firm contracted for a new we have made a concerted effort to be through cultural and language differences phone/e-mail/online service, and all of the as inclusive as possible with all of our can be challenging. Keeping our goal in partners were encouraged to stop by the resources. In addition to traditional library mind helps make those challenges a little exhibit room to see the new product. We sources that are available to everyone easier. And having the support of the firm experienced lots of foot traffic! within the firm, we also have many to employ and promote such a talented group of librarians makes those challenges The result of our presence at the partners’ language- and country-specific resources. easier yet. Five hours? I try not to worry, meeting has not only gotten us an Each office has sources that are specific though I do keep my Blackberry handy. invitation to come again, but we will to that office, but we encourage the listing also have a presence at the upcoming of those sources in our catalog and, if the Carol N. Rogers ([email protected]) is paralegals’ meeting and the firmwide source is available electronically, on our manager of information resources-library attorney meeting scheduled for the spring intranet with instructions as to who to in the Global Services Office of Latham of 2005. We’ve done a postmortem on the contact for access. We recently added and Watkins in Los Angeles.