The Uniform Electronic Legal Material Act : Essential to 21st Century Democracy

The Uniform Electronic Legal Material Act (UELMA) was promulgated and recommended for enactment by the National Conference of Commissioners on Uniform State Laws in July 2011. The American Association of Law Libraries (AALL) sent a letter of support to the Uniform Law Commission (ULC) in November of that year, and at the American Bar Association midyear meeting in February 2012, the House of Delegates approved the Act.

What is UELMA? AALL’s FAQ on the Act states: “UELMA provides a technology-neutral … approach to ensuring that online state legal material … will be preserved and … permanently available to the public in unaltered form.” The categories of legal material named in the Act are:

1. The state constitution,
2. State session laws,
3. Codified laws, and
4. Agency regulations which have the effect of law.

States may include other types of publications as well.

What does UELMA require? According to the Uniform Law Commission’s summary, official electronic legal material must be:

1. Authenticated, by providing a method to determine that it is unaltered;
2. Preserved, either in electronic or print form; and
3. Accessible, for use by the public on a permanent basis.

Why should states adopt UELMA? The Uniform Law Commission has enumerated several reasons, the first of which states:

•  The availability of government information online facilitates transparency and accountability, provides widespread access to essential information, and encourages citizen participation.

Another important incentive highlighted by the ULC is the limited nature of the Act:

•  The UELMA does not affect any relationships between an official state publisher and a commercial publisher, leaving those relationships to contract law. Copyright laws are unaffected by the act. The act does not affect the rules of evidence; judges will continue to be able to make decisions about the admissibility of electronic evidence in their courtrooms.

Are states adopting UELMA? As of March 21, 2012, versions of the Act have been introduced in six states: California, Colorado, Connecticut, Minnesota, Rhode Island, and Tennessee. You can track the progress of the legislation on the ULC’s Legislative Fact Sheet. If you support the principles that UELMA represents, contact your state representatives and urge them to sponsor the legislation. Not sure how to contact your representatives? Find them here.

Library of Congress Exhibition: “NAACP: A Century in the Fight for Freedom, 1909-2009″

The Library of Congress’s myLoC.gov is a great resource for those of us who don’t live in the DC area. It’s a virtual museum, featuring online exhibitions of many of the Library’s treasures. One of these exhibits is NAACP: A Century in the Fight for Freedom, 1909-2009. 

The Library of Congress has been the official repository of NAACP records since 1964, housing over 5 million items, including many period photographs and documents, some of which form part of this exhibit.  After an overview of the organization’s history, the exhibit is divided into 8 “themes”, each representing an era in the life of the organization. The site also provides links to additional resources, including the excellent Civil Rights Resource Guide. 

Whether you’re a teacher, a student, or someone interested in our nation’s history, this exhibit provides an excellent introduction to the NAACP and its place in 20th century American history.

SOPA/PIPA, the MegaUpload Raid, and Golan v. Holder: Reflections on the “Internet Spring”

Craig Newmark, founder of CraigsList, recently used the phrase “Internet Spring”, likening this week’s SOPA/PIPA furor to last year’s Arab Spring. His observation:  “It’s taken some really bad potential laws, but it’s roused the sleeping giant, both the people who build the Internet, and people in general who comprise the Internet community.” If you have any doubts about the size of this giant, check out the numbers: 10 million petition signatures, 3 million+ emails sent to elected officials, and more than 115,000 sites participating in the blackout on Wednesday.

As with any popular movement, this “Internet Spring” is not taking place in a vacuum. Other contemporaneous events affect the social and political climate which will determine the ultimate resolution of the SOPA/PIPA question. One obvious example is the FBI’s Thursday raid on world-wide offices of Internet media giant (and condoner of copyright violations) MegaUpload, conducted under existing U.S. law. This had Gizmodo blogger Sam Biddle wondering, Why Did the Feds Target Megaupload? And Why Now? He quotes another reporter’s sources as saying that the DOJ might have thought that busting such a blatant cyber-criminal would show the need for SOPA/PIPA. And the fact that DOJ, MPAA and RIAA websites were hit swiftly by DDoS attacks sponsored by Anonymous might have highlighted the “outlaw fringe” of the Internet community. In Biddle’s view, though, the raid can be seen, ironically, as lending credence to the protesters’ claims that SOPA and PIPA are ill-conceived and unnecessary.

Perhaps less obvious, and less intentional, are the ramifications of this week’s Supreme Court decision in Golan v. Holder. The court held that Congress has the right to reinstate expired copyright protections. Alison Frankel’s On the Case post notes the irony in this decision: “the Court’s opinion … expressly endorses Congressional authority to determine the scope of copyright protection. If some version of SOPA or PIPA is enacted, in other words, it will be tough to overturn in the courts.” Frankel spoke with Anthony Falzone, Executive Director of Stanford Law School’s Center for Internet and Society, to get his take on this week’s Internet blackout and the Golan decision. Falzone said, “One of the lessons of Golan is, ‘Don’t wait.’ You have to stop the legislation before it gets passed. You have to stop it in its tracks before it gets to the courts.”

As SOPA and PIPA appear to be losing support in Congress, an alternative bill could come into sharper focus. The Online Protection and Enforcement of Digital Trade (OPEN) Act (S. 2029), according to KeepTheWebOpen.com, addresses many of the concerns that opponents of SOPA and PIPA have raised. A notable difference between OPEN and SOPA/PIPA is that OPEN would be enforced by the U.S. International Trade Commission. SOPA and PIPA as currently written would be enforced by the Department of Justice. Another significant difference involves the consequences of violating the act. SOPA and PIPA both prescribe the blocking of offending websites, and according to the American Library Association, “significantly increase… internet companies’ incentive for surveillance of online activity and speech of users”. In contrast, the OPEN Act would cut revenue sources for offending sites.

CNN’s John D. Sutter sees the campaign for the OPEN Act as an experiment in digital democracy. KeepTheWebOpen.com is bringing law-making to citizens: “[P]eople who go to that website can annotate the bill with comments and suggestions for its author [Rep. Darrell Issa, R - CA], much like they would a Wikipedia document. There’s a field where you can submit your e-mail address to receive updates about changes to the bill and its path through the maze that is our legislative process.”

We’ve seen this week that Congressional representatives do listen to individual constituents, if they speak loud enough, and deliver a consistent message. Although it’s not yet clear if or how SOPA and PIPA will be amended, or whether the OPEN Act will prevail, there is no doubt that 21^st century democracy has shaped the debate.

Book Reviews: Forensic Oratory

Bradshaw, Brad. The science of persuasion: a litigator’s guide to juror decision-making. Chicago, Ill.: American Bar Association, 2011. ISBN 978-1-61632-989-1

Mathis, Laura. Acting skills for lawyers. Chicago, Ill.: American Bar Association, 2011. ISBN 978-1-61632-932-7

Both of these recent ABA publications address the subject of forensic oratory, and while they stress many of the same points, their approaches are very different.

Mathis is an actor, not an attorney (although she is married to one!) In her preface, she draws a parallel between actors and attorneys: “Both actors and attorney are expected to entertain, to inspire us to look at life a bit differently, and to share a story that has not been told” (p. xi). Her book offers an amusing and instructive overview of the tools attorneys need to meet these expectations, and thus to best represent their clients. Her focus is on physical presence, demeanor and appearance, with advice on relaxation, breathing, diction and body movements. Mathis likens taking depositions to being a talk show host (p. 57), and preparing witnesses to being an acting coach (p. 97). Quick tips (e.g., “Depose your coffee maker or potted plant”) and exercises, both physical and mental, are presented in text boxes throughout the book.  She even devotes a chapter to advice on the perfect photo shoot.

Bradshaw is a trial consultant with a Ph.D. in experimental psychology, and the emphasis of his book is on the psychological aspects of oratory.  It has a more serious tenor than Mathis’s book, but it is not at all a dry scholarly tome. He says in the preface that he wants to reach as broad an audience as possible: “… law students, experienced litigators, and everyone in between” (p. xiii). The book’s opening chapter presents the basic elements of persuasion: credibility vs. likeability, “reading” an audience, and framing an argument to fit that audience’s beliefs. The following chapters work through a linear progression from trial preparation through jury deliberations. Text boxes throughout highlight practical advice; e.g. “Make sure your witness is comfortable with silence” (p. 64). The final chapter of Bradshaw’s work is an extended exercise, entitled “Putting it into practice”. It presents a fact pattern, and then suggested lists of questions covering depositions and voir dire, plus opening and closing statements for both plaintiff and defendant.

These two books make an outstanding combination, and all but the most seasoned litigators are sure to find something useful in each of them.

Hispanic Heritage Month 2011

Hispanic Heritage Month is celebrated in the United States from September 15 to October 15. This annual celebration was begun by President Lyndon Johnson in 1968, as National Hispanic Heritage Week. It was expanded in 1988 to Hispanic Heritage Month. For more information about the legislative and executive documents relating to Hispanic Heritage month, see the Library of Congress’ National Hispanic Heritage Month site.

Several Spanish American countries celebrate their national independence days during the first week of Hispanic Heritage Month. September 15 marks the independence celebrations for Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. Celebrations in Mexico follow on September 16, and in Chile on September 18.

The U.S. Census Bureau has prepared a news release which contains a wealth of information on the Hispanic population in the United States, as well as links to other sources. For more concise information, see the Bureau’s  Census Brief The Hispanic Population 2010.

Getting to Know the LLTC: Mary Paige Smith

 
How long have you worked at the Law Library and Technology Center?  This month, I celebrated my 18^th anniversary here!

Where did you work before you came here?  I’ve worked as a librarian at the University of Baltimore Law Library, and at the Eisenhower Library, Johns Hopkins University. Before I got my Master of Library Science degree, I worked as a library assistant at the Eisenhower Library, and at the Perkins Library of Duke University. My very first job out of college was with the IRS!

What do you do at the LLTC?  My title is Associate Director for Technical Services. Technical Services (or Collection Services, as it is sometimes known) is the department in the LLTC which is responsible for ordering, receiving, paying for, cataloging and processing all library materials. This includes print and electronic books, journals, audio and video materials, and microforms, as well as reference databases such as Hein Online, Lexis and Westlaw. Our department creates up-to-date information about the LLTC’s collections in the University Libraries’ online catalog, NovaCat. In addition to these responsibilities, I provide in-person, telephone and online chat reference assistance to information-seekers near and far!

What your favorite part of your job? As a librarian, I get paid to do what I love to do: satisfy my intellectual curiosity, and help people at the same time!

What is your most memorable contribution on the job?  In 2004, the Law Center hosted a symposium called Centuries of Commerce : Law, Trade, Spain and the Americas. My part in the activities around the symposium consisted of helping to mount a display of rare books and manuscripts, on loan from the Barcelona Bar Association.  In collaboration with the Bar Association’s Rare Books Librarian, I translated descriptions of each item on display, which were compiled in an exhibit catalog. The exhibit featured bilingual self-guided  audio tours, and I also translated the scripts for the tour, which were recorded by the first class of students in NSU’s dual degree program with the University of Barcelona.

What do you enjoy doing when you’re not at work? Reading goes without saying, right? I love listening to many different kinds of music, especially classical and jazz. I also watch old movies whenever I can. My favorite outdoor sport is snorkeling, which I do as often as I possible in our beautiful Florida Keys!

 What do you like to read best? Fiction! My favorite novel for the past few years has been The Blind Assassin by Margaret Atwood.  For beach reading, Alexander McCall Smith tops my list.

What is your favorite meal? I love tapas, especially tortilla española  and gambas al ajillo.

Is there any advice you’d like to share with students? Don’t be shy about asking questions! Everyone in the library is here to help you get the most out of your law school experience, and we do that best when you let us know what you need.

A Uniform Bar Exam For Missouri

Via Betsy McKenzie at Out of the Jungle: A recent report in stltoday.com indicates that Missouri has become the first state to adopt a plan to create a single bar exam for lawyers who want to practice anywhere in the United States. Lex Universal also has a write-up of the story. Missouri plans to have the exam ready for those sitting for the bar in February 2011.

Both the American Bar Association and the National Conference of Bar Examiners have signed off on the idea. The test might be universal, but passing the new exam will not mean automatic admission to every state bar in the U.S. First, states have to affirmatively sign on to participate. Then, each participating state will be able to set its own passing grade, as well as other state-specific bar admission policies. According to the stltoday article, several states are considering adopting the uniform bar exam. Lex Universal, citing USAToday, names Arizona, Colorado, North Dakota, and Washington, D.C. as potential adopters.

Streaming Video of U.S. House Floor Proceedings : HouseLive.gov

Live and archived streaming video of U.S. House proceedings are now available via HouseLive.gov. The searchable archives date back to the beginning of the 111th Congress. You can subscribe to live feeds in video, audio podcast and/or video podcast, or create your own custom RSS feed. A Special Events page features streaming video of joint sessions and meetings, such as the State of the Union address. Hat tip to the Sunlight Foundation's blog for highlighting this new resource.

GovPulse.us

GovPulse.us is a fantastic new app that puts "the Federal Register at your fingertips". The front page gives you lists (with links) of comments closing and opened in the last 7 days, followed by rules taking effect and proposed within that time period. Also on the front page is a map of your area with links to other FR entries mentioning cities/towns within a 50-mile radius of your location. You can change the location to check any municipality or zip code in the U.S. A "Departmental Pulse" section lets you see "sparklines" of  departmental activity by week, month and/or quarter. If you already know what you're looking for, there's a search box right on the front page too. Despite the wealth of resources on this page, the layout is clear and easy to read.

Additional tabs take you to search pages organized by agency, topic, location and date published. There's also a 'search' tab, which links to an advanced search screen that provides browse and well as known-item searching.

The developers – Andrew, Dave and Bob – constructed this site using open-source software. You can read their story on the 'About' page. It certainly strengthened my faith in our democracy!

Thanks to Carol Spector at the University of San Francisco's Gleeson Library for spreading the word about this wonderful new resource.

NTIS Reports Newsletter Focuses on Health Care Reform

This month's issue of the National Technical Information Service's Newsletter contains links to many federal government reports on various aspects of health care reform. The NTIS, a bureau of the Department of Commerce, "serves as the largest central resource
for government-funded scientific, technical, engineering,
and business related information
available today." Unfortunately, the studies are not free of charge, but you can always check your local library!