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In today's issue ...

West Wins Latest Round in CALR Exclusives
ULC Approves Uniform Rules on E-Discovery
Book Reviewer Sued for Negative Remarks
Bankruptcies Increasing Despite Overall Drop
Job Site Compromised, Phishing with Resumes
Cambridge Press Requests Book Removal
Resources: Public Records, Criminal Records

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West Wins Latest Round in CALR Exclusives

(20 Aug) Carol Ebbinghouse, who is director of the California Second District Court of Appeal Library, takes the online legal research vendors, Lexis and Westlaw, to task for the seemingly never-ending cycle of content exclusives. Thomson West announced the latest move, which involves American Law Reports. "In January 2008, the entire ALR series will be available exclusively on Westlaw, an arrangement that is discussed in the latest episode of Westcast, the audio podcast from West, a Thomson business."

As Carol remarks, "Once it was Shepard's, then Factiva, then business newspapers such as The Wall Street Journal, then Factiva again, and now ALR." What's next? What will those without access to both services do?

"Putting users first and enabling them to more easily move from their product to their competitors' was, on reflection, a first and a last in the history of ALR. You see, this is not a new product for Westlaw. It has been available on Lexis and Westlaw for years. What this represents is a huge step backward in putting the users' needs on the corporate radar."

SEEAmerican Law Reports and Westlaw
Thomson West Press Release, 10 August 2007


ULC Approves Uniform Rules on E-Discovery

(2 Aug) The Uniform Law Commission (ULC) approved new uniform rules to help states deal with the discovery of electronic documents in civil cases.

"[M]ore than 90% of business information is now stored electronically. The state rules concerning discovery of information in civil cases were written at a time when information was mostly stored on paper. A new act approved today by a national law group addresses the growing concern over the rules of discovery that courts must follow to access electronic information in civil cases."

SOURCEULC Approves New Uniform E-Discovery Rules for States
Electronic Discovery Law, 22 August 2007

SEEUniform Rules Relating to Discovery of Electronically Stored Information
National Conference of Commissioners on Uniform State Laws, Approved Text, 27 July - 3 August 2007


Book Reviewer Sued for Negative Remarks

(20 Aug) PZ Myers, who is a biologist and associate professor at the University of Minnesota, Morris, wrote a review of LifeCode by Stuart Pivar in which he debunks the author's anti-Darwinian theories. Pivar sued Myers as well as Seed Media Group, the owner-publisher of his blog.

This particular libel suit should be interesting to follow for several reasons. First, Pivar sued the publisher and not just the blogger. Second, the review itself appears to be well-reasoned and professional. The most critical remark appears at the end: "In addition to the lovely artwork [Myers spends some time commenting on how the drawings do not reflect real cells.), it's an extremely high quality print; well bound, on heavy stock, and looking to last a thousand years. It seems no expense was spared getting it published, which is in contrast to the content, and is unusual for such flagrant crackpottery. It may well be popular among creationists, who can always be trusted to favor glossy superficialities over substance."

Third, in comments appearing at the end of the review, Pivar claims that Myers reviewed the wrong book. "'Lifecode' of 2004, exists in only a few review copies. [Pivar had sent Myers a review copy.] Since then, I have answered my critics by substantially augmenting the model, and providing correspondence with observed nature, based on known, accepted phenomena. The new book is the result. However, you have referred your readers to your previous review, as if it was the same book under discussion."

Except for the disruption and distress in the reviewer's personal life, those of us who review books could hope for a ruling in this case.

SEELifecode
Pharyngula, 12 July 2007
(This is the review in dispute.)


Bankruptcies Increasing Despite Overall Drop

(16 Aug) The Administrative Office of the U.S. Courts released bankruptcy statistics that reveal a 49.4 percent drop in filing over the past 12 months. However, there was a slight increase in filings when compared to March 2007 and December 2006.

RELATED70 Percent Drop in Bankruptcy Filings in 2006
TVC Alert Research News, 17 April 2007


Job Site Compromised, Phishing with Resumes

(20 Aug) Recent reports about the attack on the Monster.com job site may have underestimated the number of potential victims as well as the reason for the attack. A notice in the SANS Internet Storm Center diary states that resumes from the site "are now being used to send credible spear phishing job ads." Moreover, "the organization putting them [the trojans] out has staged variants and releases new ones as soon as the last one was detected. The result is that AV [anti-virus software] doesn't do much for you because the second it is detected (and hopefully cleaned) a new, undetected version comes out. Rinse, Repeat."

RELATEDWould You Like A Job With That Virus?
Washington Post Blog, 17 August 2007
("Cyber crooks are targeting a wave of new attacks at people searching for jobs online, security experts warn. Oddly enough, the criminals behind this scam appear to be just as interested in hiring you as they are in hijacking your PC.")



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Cambridge Press Requests Book Removal

(14 Aug) As part of a libel suit settlement, Cambridge University Press has requested that libraries remove the book, Alms for Jihad: Charity and Terrorism in the Islamic World. In response, the Office for Intellectual Freedom of the American Library Association advises U.S. libraries that they do not have to comply unless ordered to do so by a U.S. court.


Resources: Public Records, Criminal Records

Legal: Case Law
People: Actual Sources of Public Records

Bulk.Resource.org: The non-profit Public.Resource.Org, Inc., run by activist Carl Malamud, is working to make federal (and later, state) court decisions available for free. As of this writing, the site provides about 50 pages of text, which it says comes from volume 2 of the first series of the Federal Reporter.

The structure of the Web site resembles the older gopher technology. When you click the above link, you will see a directory structure containing the files that comprise this site. You may download all 50 pages, but they are contained in a 3.6-gigabyte, uncompressed TIFF file.

Alternatively, you may browse the Table of Cases (see file 2f.toc.html) and then open the corresponding files. The file names appear to be labeled like legal citations (e.g., 2f.0001.tif is 2F1 in the Table of Cases, or the legal citation, 2 F 1 (Federal Reporter 1st Series, 2nd volume, page 1).

Notation: The Table of Cases does not provide access to every scanned page available in the directory. You will have to check consecutive file names to discover the ending of the case. For instance, the case at 2 F 1 comprises 5 files - 2f.0001.tif through 2f.0005.tif. Also, as of this writing, there is no way to search the cases. (et)

Legal: State Criminal Records
People: Actual Sources of Public Records

Montana Criminal History Online Public Record Search: The Montana Department of Justice, the state's criminal record repository, provides fee-based access to criminal histories in the state. Public criminal histories contain the complete criminal record except for personal descriptors and dismissals after a deferred imposition of sentence. The public record does not include information on protection orders, warrants, traffic offenses (except felony DUI), federal offenses (including tribal), intelligence or out-of-state records. However, it does note whether an individual is registered as a sexual and/or violent offender in the State of Montana.

Records in the database go back to the 1950s. You need a name and date of birth or SSN to conduct a search. Note: While the response time usually is immediate, in some situations, the system will indicate that the search is pending. A technician must manually review the information before it is disseminated, so it may be up to 72 hours before you get the requested information. (et)

Minnesota Level 3 Sex Offender Search: Minnesota Department of Corrections provides a search engine for finding Level III predatory offenders. New information appears within 48 hours. You may search by zip code, full or partial name, alias (use name search), city or county.

Law enforcement agencies decide on a case-by-case basis what information is to be posted. Test queries returned records with pictures, full name, aliases, date of birth, physical description, description of offense, registered address (homelessness is indicated), and release date. (et)

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Introduction to Online Legal, Regulatory & Intellectual Property Research, Genie Tyburski, Editor

Cite as: TVC Alert Research News, 23 August 2007, Ballard Spahr Andrews & Ingersoll, LLP, http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=aug07/23aug07.xml 

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Created: 23 August 2007
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URL: http://www.virtualchase.com/tvcalert/transfer.asp?xmlFile=aug07/23aug07.xml
Contact: Genie Tyburskitvceditor [at] virtualchase [dot] com

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