Category «United States Law»

A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement

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.

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Subjects: Copyright, Features, Search Engines

FOIA Facts: Funding FOIA

Scott A. Hodes contends that reducing FOIA Operations any further is the wrong way to go if the objectives of increasing government transparency are to be pursued. The actual process of searching for records in response to FOIA requests and processing those requests requires human interaction – in other words, while the documents themselves can be digitized, a person will always be required to search for and process responsive records.

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Subjects: Congress, E-Government, FOIA Facts, Government Resources, Legal Research

The Risky Business of Information Sharing: Why You Need to Care About Copyright

Copyright is an essential tool in the spread of new ideas, and the workplace has become ground zero for infringement. Ask employees up and down the corporate hierarchy, and they’ll tell you that whisking information electronically to co-workers is integral to their jobs. Their employers will emphatically agree. But unauthorized swaps of information also carry enormous potential risk: Ordinary office exchanges, so natural to the digital world, can easily violate the copyright rights of others and bring costly lawsuits or settlements. Now the same technology that has dramatically defined the Internet age is drawing a new roadmap to compliance, with software tools that simplify adherence to copyright requirements.

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Subjects: Copyright, Features, Internet Use Policies, Law Library Management, Technology Trends

Dodd-Frank Wall Street Reform and Consumer Financial Protection Act: A Brief Legislative History with Links, Reports and Summaries

The “craft” of legislative history construction is practiced with unique and outstanding expertise by law librarian Rick McKinney. This history is designed in a streamlined fashion so as to allow users to more easily check when provisions in the law got into bill and then check for related remarks concerning those provisions. It also has links to earlier legislation related to different titles of the Act, to the Administration’s proposed legislation in 2009, to related CRS reports, and to various summaries and commentaries of the law on the Web.

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Subjects: Congress, Features, Government Resources, Law Librarians, Legal Research, Legislative

Actual Innocence and Freestanding Claims for Relief

Ken Strutin has written extensively for LLRX.com on criminal law issues. He argues that false confessions, bad eyewitness identifications, and faulty forensics, among other problems, have shown that seemingly iron clad adjudications can reach the wrong result. A ‘guilty’ verdict only indicates that the government has proven beyond a reasonable doubt that the defendant committed each and every element of the crime, and not that the defendant actually committed the crime. A freestanding claim of actual innocence is a potentially powerful tool to assail a verdict that points to the wrong person. Still, courts have made only small gains in recognizing actual innocence generally as a basis for contesting a wrongful conviction. This article collects selected scholarship on “actual innocence” and litigating post-conviction claims that go beyond the procedural metrics of the trial process.

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Subjects: Criminal Law, Features, Legal Research

The FDsys: the new GPO Access

“GPO Access will be going away soon as the U.S. Government Printing Office rolls out the Federal Digital System (FDsys), an advanced digital system that will enable GPO to manage Government information from all three branches of the U.S. Government. Learn about the new system and its features, what content is available through it, and search strategies. Not only is FDsys a powerful tool for the public to access online, authoritative Federal information, but it also serves as a preservation repository for the content and a content management system for Federal agencies.”

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Subjects: Government Resources

Forensic Evidence and the CSI Effect

The media’s popularization of certain types of evidence may be inspiring a “CSI effect” on decision makers according to Ken Strutin. There is a question about whether impressions created by the media in its treatment and portrayal of forensic proof as either irrefutable or absolutely necessary for conviction is truly impacting the outcome of criminal cases. Ken’s guide is a collection of select legal scholarship and media studies that illuminates the extent of the phenomenon and whether it needs to be addressed and how.

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Subjects: Criminal Law, Internet Resources - Web Links, Legal Research, Online Legal Research Services

The Government Domain: New & Free Regulations Trackers

Peggy Garvin reviews new, free, non-government resources that have recently come online to complement the official U.S. government regulatory information sites, RegInfo.gov and Regulations.gov. For this bounty, Peggy says researcher can thank innovative developers and the relatively new availability of a free XML version of the Federal Register that can be downloaded in bulk.

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Subjects: Columns, E-Government, Government Resources, Legal Research, The Government Domain
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