Acknowledging the economy in the past several years has made the job search process even more challenging, Rhonda Keaton and Barbara Fullerton provide proactive suggestions and a guide to a wide range of sources to support and leverage a multifaceted search effort within the competitive job arena.
David Rothman continues his commentary on the challenges faced by the Digital Public Library of America. He suggests the DPLA help state, local and federal governments create a companion digital public library system that would focus on the provision of urgently needed content and services, and share some but not all resources with an academic effort and even offer a common catalogue for those wanting it.
Sarah Rhodes describes and documents the work of the Chesapeake Digital Preservation Group’s fourth annual investigation of link rot among the original URLs for online law and policy-related materials archived though the group’s efforts. Link rot” is used to describe a URL that no longer provides direct access to files matching the content originally harvested from the URL. The Chesapeake Group focuses primarily on the preservation of Web-published legal materials, which often disappear as Web site content is rearranged or deleted over time. In the four years since the program began, the Chesapeake Group has built a digital archive collection comprising more than 7,400 digital items and 3,200 titles, all of which were originally posted to the Web.
Nicholas Pengelley vibrantly documents, with accompanying photos, his latest experiences as evaluator of written memoranda, arbitrator at oral arguments, and sometime team coach at the Vis Moot, in which he has participated for a decade. The moot, which always takes place in the week leading up to Easter, is held in Vienna because of its associations with the Vienna Convention on Contracts for the International Sale of Goods (“CISG”). This is the law of the contract for all of the moot problems, which always involve a contractual sale of goods dispute between parties from two different countries.
In Mending Wall, a 1914 poem blessedly in the public domain, Robert Frost gives us a classic dictum for literature and life, and maybe for inter-organizational politics in particular: “Good fences make good neighbors.” On the whole Frost is anti-fence. But he understands his neighbor’s side; what’s more, “Mending Wall” resonates even in this era of global networks and sharable digital files. Frost died at 88 on January 29, 1963, just a little over two years after his poetry recital in the chilly Washington air at John Fitzgerald Kennedy’s inauguration; but on the Web you can still hear him reading Mending Wall and more.
Ken Strutin reasons that any accounting of the justice system would put the presumption of innocence at the top of the ledger. The premise underlying this evidentiary rule is that no one should be found guilty of a crime unless the state has convinced a jury with proof beyond a reasonable doubt. The materials Ken has researched and documented for this guide focus on the drift from unitary innocence, which encompasses all possible claims to a wrongful conviction, to factual innocence rooted in exoneration jurisprudence. According to some scholars, factual exonerations may have confounded the wisdom behind the Blackstone Ratio and its overarching message, i.e., criminal law and procedure ought to be weighted in favor of innocence to avoid wrongful conviction, even if there is a chance that the guilty will benefit as well. In other words, a system of justice that is fair to all and seeks to protect the innocent from wrongful prosecutions must apply safeguards that will be over inclusive. The calculations of truth and fairness are rooted in a system of justice based on due process (or a presumption of due process). The scholarship collected here attempts to address questions of whether the concept of innocence is selective or categorical.
Nicholas Pengelley and Sue Milne present a completely updated guide to researching law in Australia. The Commonwealth of Australia is a common law jurisdiction; a federation within the British Commonwealth, with Queen Elizabeth II as its head of state. The Queen is represented in Australia by a Governor-General at the national level, and in each of the six states by a Governor. The Australian Constitution, embodying the doctrine of separation of powers, prescribes the authority of the executive, legislative and judicial arms of government. It was enacted British Act of Parliament in 1901 and the then separate colonies were united as states of one country. As well as the six states there are three self-governing territories (one of them, the Australian Capital Territory, is the site of the federal seat of government, Canberra) and a number of external territories – islands in the Indian and Pacific Oceans, and the Australian Antarctic Territory.
On March 22, 2011, Judge Denny Chin rejected the proposed settlement in copyright infringement litigation over the Google Library Project. Judge Chin found that the settlement was not “fair, reasonable, and adequate” as required by the Federal Rules of Civil Procedure. Judge Chin issued the decision over a year after the fairness hearing he conducted. His opinion agrees in large measure with the objections to the settlement asserted by the U.S. Department of Justice at the hearing and in its written submissions. This paper by Jonathan Band continues the series in which he discusses the opinion and where it leaves Google Books Search.
David H. Rothman contends that “education at all levels should be the main priority of a public national digital library system even though it should serve many purposes. How can we train Americans for more complicated jobs, in this high-tech, globalized era, if they lack knowledge of the fundamentals? Even the nontechnical would benefit as, for example, better corporate strategists or marketers with a superior understanding of cultures outside the United States, and of history, commerce, and life in general. And if we can elevate the quality of public schools, not just private ones, won’t U.S. colleges and universities come out ahead with an enhanced pool of talent?”
This is the second installment of an examination of notable and new developments in social media and legal practice. Part One highlighted important statutes, case law, ethics opinions, along with extensive news media coverage of law-related social media issues. Part Two focuses on recent items that have appeared in professional journals and blogs, 1 law reviews, reports, books and secondary resources, along with references to current awareness sources. 2