Category «United States Law»

Deans of Virginia University Libraries to Chairman Goodlatte: First Do No Harm in Copyright Revision

UVA Director of Information Policy Brandon Butler explains the implications of the Copyright Office plan to to issue a total rewrite of Section 108 of the Copyright Act and provides context on such a decision, which protects library and archives’ copying for preservation and research. Libraries and archives have said they do not want this, but the Office seems to be determined to do it. So, a group of Deans and Directors of Virginia university libraries has sent a letter to House Judiciary Chairman Bob Goodlatte (R-VA) to ensure he realizes the controversy and context that surrounds the Office’s proposed changes. If you are a concerned library or librarian, consider writing your representative, especially if they sit on the Judiciary Committee.

Subjects: Congress, Copyright, Intellectual Property, Law Librarians, Legislative

Locating Foreign Civil Codes

Lyonette Louis-Jacques expertly guides us with this pathfinder on the research required to comprehensively address the frequently asked foreign and comparative law research question – how do I to find a country’s civil code?. A researcher might not know they need a civil code, but they often do. A civil code is the key to accessing all types of private law for many civil law jurisdictions. Modeled after the Code Napoléon or Code civil des Français (1804), a civil code usually contains laws relating to personal status, contracts, torts, “delict”, “obligations”, real and personal property, inheritance and succession, marriage, divorce, family, parent and child, private international law (conflict of laws/choice of law).

Subjects: American Association of Law Libraries, Comparative/Foreign Law, Government Resources, Legal Research, Online Legal Research Services

Green Files 2016

Marcus Zillman’s guide is a comprehensive listing of green resources and sites on the Internet. These focused actionable resources will assist researchers to discover many subject and topic specific sources published and maintained by sectors and groups including: private, public, NGO, and advocacy communities.

Subjects: Energy, Environmental Law, Legal Research

Pain Science and the Administration of Justice

Ken Strutin’s article is a survey of legal scholarship and medical research concerning the study of pain and its significance for the administration of civil and criminal justice. The complexity of pain’s impact on each individual’s life is increasingly relevant in the context of the administration of civil and criminal justice. Strutin’s subject matter expertise in issues of law and justice is further articulated in this this article as he undertakes a timely review of an increasingly relevant issue that impacts the lives of defendants and complainants alike.

Subjects: Criminal Law, Human Rights, Legal Ethics, Medical Research, Publishing & Publishers (Legal)

Should Colorado court documents be free on public library computers?

Jeff Roberts of the Colorado Freedom of Information Coalition raises the question of expanding free public access to court documents in Colorado. Specifically, he identifies the only location where a non-lawyer can view and request copies of all civil court documents from ICCES, the Integrated Colorado Courts E-Filing System. This location is the Colorado Supreme Court’s law library in the Ralph L. Carr Judicial Center in downtown Denver. Fees and access to PACER have been the topic of discussion in the legal community for many years. The urgency of this discussion and a resolution that ensures free public access to court filings is critically dependent upon the future of court law libraries.

Subjects: Court Resources, Courts & Technology, E-Government, Electronic Court Filing, Government Resources, Legal Technology, Online Legal Research Services

Evolutions in DNA Forensics

Criminal law expert Ken Strutin’s new article is yet another research tour de force – a collection of recent and notable developments concerning DNA as forensic science, metric of guilt, herald of innocence, and its emerging place in the debate over privacy and surveillance. The increasing use of DNA evidence to support assumptions of an individual’s guilt and less frequently as a tool to prove the innocence of prisoners wrongly convicted, reflects many facets of the changing fabric of the American criminal justice, the role of the Fourth Amendment and the increasing collection of a wide range of biological evidence from crime scenes whose metadata then is searchable within the national DNA database.

Subjects: Criminal Law, Discovery, Legal Research

The Mediachain Project: Developing a Global Creative Rights Database Using Blockchain Technology

Alan Rothman’s article focuses on a creative, innovative effort to deploy the blockchain as a form of global registry of creative works ownership – specifically a global rights database for images. The co-founders of a new metadata protocol they call the Mediachain enables creators working in digital media to write data describing their work along with a timestamp directly onto the blockchain. The implications of this technology impact multiple sectors such as: legal, financial, libraries, museums and archives, and social media.

Subjects: Copyright, Job Hunting

Cognitive Reality and the Administration of Justice

Ken Strutin writes in his latest article as follows -“science has much to say about how individual behavior and group wide phenomena influence the core issues of criminal justice. From self-incrimination to self-representation, from prosecuting to judging, from trial to punishment the law recognizes that there are subtle psychologics at work. Indeed, there is one long continuum of cognitive realities that pervade every precinct of criminal justice. And now, scientific study and legal scholarship has uncovered hidden biases in the deliberations of justice as well as overt barriers to cognitive functioning associated with confinement. This article is a collection of research into the cognitive nature of criminal justice participants, the constraints of confinement, and the administration of justice.”

Subjects: Criminal Law