News release: "The Federal Trade Commission and the Federal Reserve Board today announced proposed regulations that generally would require a creditor to provide a consumer with a risk-based pricing notice when, based in whole or in part on the consumer’s credit report, the creditor offers or provides credit to the consumer on terms less favorable than the terms it offers or provides to other consumers.
Risk-based pricing refers to the practice of using a consumer’s credit report, which reflects his or her risk of nonpayment, in setting or adjusting the price and other terms of credit offered or extended to a particular consumer. Many creditors offer more favorable terms to consumers with better credit histories. The proposed rules would apply, with certain exceptions, to all creditors that engage in risk-based pricing. Under these rules, a risk-based pricing notice would generally be provided to the consumer after the terms of credit have been set, but before the consumer becomes contractually obligated on the credit transaction.
News release: "On Tuesday, May 6, 2008, Archivist of the United States Allen Weinstein submitted a report, entitled The Founders Online, to the Committees on Appropriations of the U.S. Congress. This report is the National Archives response to concerns raised by the Committees that the complete papers of America’s Founding Fathers are not available online. The Founders Online is a plan for providing online access, within a reasonable timeframe, to researchers, students and the general public."
News release: "The FBI has withdrawn an unconstitutional national security letter (NSL) issued to the Internet Archive after a legal challenge from the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF). As the result of a settlement agreement, the FBI withdrew the NSL and agreed to the unsealing of the case, finally allowing the Archive's founder to speak out for the first time about his battle against the record demand...The NSL was served on the Archive -- a digital library recognized by the state of California -- and its attorneys in November of 2007. The letter asked for personal information about one of the Archive's users, including the individual's name, address, and any electronic communication transactional records pertaining to the user. Kahle, who is also a member of EFF's Board of Directors, decided to fight the NSL because it exceeded the FBI's limited authority to issue such demands to libraries."
Unified Agenda, May 2008 Edition: "The Unified Agenda summarizes the rules and proposed rules that each Federal agency expects to issue during the next six months."
ASCAP news release: "The United States District Court for the Southern District of New York today made public a decision in the proceeding to determine reasonable license fees to be paid to the American Society of Composers, Authors and Publishers (ASCAP) by AOL (Time Warner Inc., RealNetworks Inc. and Yahoo! Inc. for their online performance of musical works.
The decision covers license fees for periods starting as far back as July 1, 2002, and continuing through December 31, 2009, for the performance of musical works in the ASCAP repertory by AOL, RealNetworks and Yahoo! Based on the formula established by the Court, the total payments to be made to ASCAP and its membership by these three services for that full period could reach $100 million. The Court's comprehensive 153 page decision was based on extensive evidence presented by both sides in the case regarding the online performance of musical works by AOL, RealNetworks and Yahoo!"
"The addition of the 100,000 trial accounts published between 1834 and 1913 represents the single biggest change to this website. We have, however, taken advantage of the opportunity to update many of the technical and historical features of the website and to introduce a new, improved overall design...The old website, last updated in November 2007, will remain available at a separate URL until December 2008, when it will be withdrawn."
National Conference of State Legislatures: "This report, Overview of State Legislation Related to Immigrants and Immigration, January - March 2008, provides a first look at introduced legislation in 2008 and presents selected examples of enacted laws relating to immigrants and refugees. This process of legislative tracking and reporting is based on a comprehensive and inclusive methodology and captures all state legislation in which immigrants – whether authorized or unauthorized, temporary migrants, aliens and refugees – are affected.
As of March 31, 2008, at least 1,106 bills have been considered in 44 states this year. Twenty-six states have enacted 44 laws and adopted 38 resolutions or memorials.
This level of activity is comparable to last year, when 1,169 bills and resolutions had been introduced (as of April 13, 2007). At this time last year, 18 states had enacted 57 laws related to immigrants and immigration. State legislatures had also adopted at least 19 resolutions and memorials.
States continue to address both enforcement and integration issues related to immigrants. As in recent years, the top three areas of interest are law enforcement, employment, and identification documents."
News release: "Chinese lawyers who take cases seen by the government as politically sensitive or potentially embarrassing face severe abuses ranging from harassment to disbarment and physical assaults, Human Rights Watch said in a new report released today...The 142-page report, Walking on Thin Ice: Control, Intimidation and Harassment of Lawyers in China, details consistent patterns of abuses against legal practitioners. These include intimidation, harassment, suspension of professional licenses, disbarment, physical assaults, and even arrest and prosecution when lawyers take politically sensitive cases, seek redress for abuses of power and wrongdoings by party or government agents, or challenge local power-holders."
"Felony Defendants in Large Urban Counties, 2004 - Presents data collected from a representative sample of felony cases filed in the nation's 75 largest counties during May 2004. Murder cases were tracked for up to 2 years and all other cases for 1 year to provide a complete overview of the processing of felony defendants from case filing to disposition and sentencing. Data highlight the demographic characteristics of felony defendants and types of arrest charges. The report also includes in-depth information on the criminal record of felony defendants, including criminal justice status at the time of arrest and the number and type of prior arrests and convictions. It describes conditions of pretrial release (bail amounts, type of release bonds, and pretrial misconduct), adjudication outcomes (dismissal, diversion, guilty plea, trial conviction rates), and sentencing data for convicted felony defendants."
News release: "Attorney General Michael B. Mukasey announced a new strategy in the fight against international organized crime that will address this growing threat to U.S. security and stability. The Law Enforcement Strategy to Combat International Organized Crime (the strategy) was developed following an October 2007 International Organized Crime Threat Assessment (IOC Threat Assessment) and will address the demand for a strategic, targeted and concerted U.S. response to combat the identified threats. This strategy builds on the broad foundation the Administration has developed in recent years to enhance information sharing, and to secure U.S. borders and financial systems from a variety of transnational threats."
2007 Securities Litigation Study, April 2008 (77 pages, PDF): "By far, the most significant happening in 2007 was the unfolding of what has become known as the subprime crisis. Early in the year, amid a falling housing market, increasing interest rates, and a surge in foreclosures, subprime lenders began declaring bankruptcy, announcing significant losses, and/or making themselves available for sale.
Additionally, Wall Street investment banks began to disclose losses in securities portfolios backed by subprime loans—and thus the subprime crisis was born. To date, approximately $130 billion in losses related to subprime issues have been reported by most of the major investment banks, including UBS, Goldman Sachs, and Merrill Lynch, and many subprime-related institutions have filed for bankruptcy.
Regulators and prosecutors, including the Securities and Exchange Commission (SEC), the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and state attorneys general, are now conducting investigations in the quest to determine the “who, what, when, where, why, and how” of this debacle. In early February 2007, the plaintiffs’ bar began issuing federal class action lawsuits, and the stream of private securities litigation—against the loan originators, banks, and rating agencies involved in the secondary and securitized mortgage market—continues into 2008."
European Digital Rights: "The European Ministers of Justice and Internal Affairs have agreed to make publishing bomb-making instructions on the Internet a crime...Justice and interior ministers from the EU member states backed a proposal from Commissioner Frattini to harmonise the normative acts that will make the "public provocation to commit a terrorist offence, recruitment, and training for terrorism" a crime. According to the statements of the EU officials publishing these acts on the Internet completed the European legislation in this domain. They described the Internet as "a virtual training camp for militants, used to inspire and mobilise local groups." Gilles de Kerchove, the EU anti-terrorism co-ordinator, declared that there are approx. 5,000 websites that are used to radicalise young people."
The Orphan Works Act of 2008 (HR 5889 and S 2913) "attempts to create a system where new creators can use old works without fear of massive lawsuits, provided that a good faith effort has been made to find out if the work in question is copyrighted." [Link]
News release: "On April 22, 2008, Secretary Spellings announced proposed regulations to strengthen and clarify No Child Left Behind. The proposed regulations focus on improved accountability and transparency, uniform and disaggregated graduation rates, and improved parental notification for supplemental educational services and public school choice. Below are documents that were released at the announcement.
Written Statement of Kevin J. Martin, Chairman Federal Communications Commission Before the United States Senate Committee on Commerce, Science and Transportation hearing, Future of the Internet, April 22, 2008.
DOT news release: "Railroads will be required to route every train carrying the most toxic and dangerous hazardous materials on the safest and most secure route under a new federal rule announced today by U.S. Secretary of Transportation Mary E. Peters...beginning June 1, the rule requires railroads to conduct a comprehensive safety and security risk analysis of its primary route and any practicable alternative routes over which it has authority to operate. The analysis must consider information provided by local communities and a minimum of 27 risk factors like trip length, volume and type of hazmat being moved, existing safety measures along the route, and population density, she said. Railroads must implement their routing decisions based on these analyses by September 2009."
"Consistent with the Freedom of Information Act (FOIA), as amended by the Openness Promotes Effectiveness in our National Government Act of 2007, and Executive Order 13392, the Central Intelligence Agency (CIA) has undertaken and completed a review of its public FOIA regulations that govern certain aspects of its processing of FOIA requests. As a result of this review, the Agency proposes to revise its FOIA regulations to more clearly reflect the current CIA organizational structure, record system configuration, and FOIA policies and practices and to eliminate ambiguous, redundant and obsolete regulatory provisions. As required by the FOIA, the Agency is providing an opportunity for interested persons to submit comments on these proposed regulations." [Federal Register: April 17, 2008 (Volume 73, Number 75)] [Proposed Rules][Page 20882-20884]
US Courts: "An interim report on the impact of the Class Action Fairness Act of 2005 notes a 72 percent increase in class action cases for comparable periods in 2001 and 2007 in 88 federal district courts. Due later this year is a report on the act's impact on judicial activity and resources needed to manage and resolve class actions."
The Inspectors General, Journal of Public Inquiry Fall/Winter 2007/08 (96 pages, PDF)
News release: "Today, the White House sought clarification from the court concerning its ability to restore missing records from backup tapes that are currently being preserved. The White House inquiry comes as the National Security Archive continues to await a ruling by the United States District Court for the District of Columbia on its pending motion to extend an e-mail preservation order against the Executive Office of the President (EOP) and to depose relevant witnesses about the state of the White House's e-mail archiving system.
A new bill to establish procedures to assure the preservation of electronic federal and presidential records was introduced this week by Rep. Henry A. Waxman (D-CA), Rep. Wm. Lacy Clay (D-MO), and Rep. Paul W. Hodes (D-NH) (H.R. 5811), but that bill would have no effect on the e-mails that are the subject of the pending lawsuit. A new chronology of events in the White House e-mail lawsuits was also published on the Web today by the Archive.
"The North American Aerospace Defense Command and the United States Northern Command have released a copy of their audio files, telephone conversations and situation room discussions, from the terrorist attacks on September 11, 2001. The files are posted on governmentattic.org via this link.
News release: "Bankruptcy filings in the federal courts rose 38 percent in calendar year 2007, according to data released today by the Administrative Office of the U.S. Courts. The number of bankruptcies filed in the twelve-month period ending December 31, 2007, totaled 850,912, up from 617,660 bankruptcies filed in calendar year 2006. Filings rebounded from a 70 percent drop in calendar year 2006, which was the first full 12-month period after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) took effect."
Legally eHealth: Putting eHealth in its European Legal Context. Legal and regulatory aspects of eHealth Study report March 2008.
SafeBorrowing.com: "Consumer credit can be complicated. From the unusual legal terms to the complex mathematical formulas, understanding how credit works can be a big task. The Committee on Consumer Financial Services of the Section on Business Law of the American Bar Association has created this website to provide you with the tools to help you on your way to financial success. This website covers the four basic types of consumer credit: financing your home, financing your car, financing your education, and credit cards. At some point in your life you will be faced with decisions about most, if not all, of these types of credit. By reading through this website and others that we point you to, you will be able to get a grasp on understanding these types of credit and how to use them safely and wisely."
News release: "Today Nathan J. Hochman, Assistant Attorney General of the Justice Department’s Tax Division, announced the creation of the National Tax Defier Initiative or TAXDEF. The purpose of this initiative is to reaffirm and reinvigorate the Tax Division’s commitment to investigate, pursue and, where appropriate, prosecute those who take concrete action to defy and deny the fundamental validity of the tax laws."
"Kosovo is one step closer to full statehood. Today, its assembly officially adopted a new constitution declaring Kosovo a democratic, secular, multiethnic state. Right from the start, the constitution makes clear that Kosovo will not be partitioned nor will it be joining a Greater Albania. From Article 1: The Republic of Kosovo is an independent, sovereign, democratic, unique and indivisible state . . . The Republic of Kosovo shall have no territorial claims against, and shall seek no union with, any State or part of any State." [Foreign Policy Passport]
"This is the 4th edition of the bibliography of online Canadian federal government databases, replacing the 3rd edition published in 2005. This current edition lists 488 databases publicly accessible on Government of Canada Web sites. Some of these databases require user registration. This edition contains 334 entries from the previous edition that have been reviewed and verified as well as 154 databases that have appeared since the previous edition." [Michel-Adrien Sheppard]
"After nearly three years of intensive work, the independent Section 108 Study Group has issued its report and recommendations on exceptions to copyright law to address how libraries, archives and museums deal with copyrighted materials in fulfilling their missions in the digital environment...Section 108 is the section of the Copyright Act that provides limited exceptions for libraries and archives so that they may make copies to replace copyrighted works in their collections when necessary, preserve them for the long term and make them available to users."
March 14, 2003 Memorandum for William J. Haynes IT, General Counsel of the Department of Defense Re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States, Declassified under authority of Executive Order 1958 By Acting General Counsel, Department of Defense By Daniel Dell J.'Orto UNCLASSIFIED 31 March 2008. (81 pages, PDF)
"The Archival Research Catalog (ARC) is the online catalog of NARA's nationwide holdings in the Washington, DC, area; Regional Archives; and Presidential Libraries. ARC is a work in progress; currently over 56% of our records are described in ARC at the series level.
ARC contains many descriptions of records of interest to genealogists and family historians, including:
News release: "To increase public awareness about the causes of specific train accidents and to reduce the need for individuals to submit Freedom of Information Act (FOIA) requests, the Federal Railroad Administration (FRA) is for the first time making its investigation reports of major train accidents and other incidents available online, FRA Administrator Joseph H. Boardman announced today...FRA does not typically release its own report about an accident until the NTSB has issued its findings. Due to size constraints and other considerations, attachments and exhibits associated with the FRA investigation reports are not being posted online, and will continue to be available only through a FOIA request. The accident/incident reports that railroads are required by federal law to routinely file with the FRA will continue to be available online. Individuals may sign up for automatic email notification of when a new investigation report is added to the public webpage. The accident investigation webpage is here."
Cybercrime Legislation - Country profiles: "These profiles have been prepared within the framework of the Council of Europe’s Project on Cybercrime in view of sharing information on cybercrime legislation and assessing the current state of implementation of the Convention on Cybercrime under national legislation. They do not necessarily reflect official positions of the countries covered or of the Council of Europe."
News release: "To further protect children from exposure to lead-based paint, EPA is issuing new rules for contractors who renovate or repair housing, child-care facilities or schools built before 1978. Under the new rules, workers must follow lead-safe work practice standards to reduce potential exposure to dangerous levels of lead during renovation and repair activities...The Lead: Renovation, Repair and Painting Program rule (202 pages, PDF), which will take effect in April 2010, prohibits work practices creating lead hazards. Requirements under the rule include implementing lead-safe work practices and certification and training for paid contractors and maintenance professionals working in pre-1978 housing, child-care facilities and schools. To foster adoption of the new measures, EPA will also conduct an extensive education and outreach campaign to promote awareness of these new requirements."
News release: "The U.S. Army Corps of Engineers and U.S. Environmental Protection Agency today released a new rule to clarify how to provide compensatory mitigation for unavoidable impacts to the nation's wetlands and streams. The rule will enable the agencies to promote greater consistency, predictability and ecological success of mitigation projects under the Clean Water Act."
"Today, OMB Watch launched a web-based Regulatory Resource Center. The Resource Center provides tips for advocates who want to get involved in regulatory decision making and educational resources for anyone interested in how the federal regulatory process works.
The first part of the Regulatory Resource Center is the Advocacy Center. The Advocacy Center shows users how to comment on federal regulations and provides instructions for using Regulations.gov, the government's portal for public comments. The Advocacy Center also has instructions for filing a petition for rulemaking and tips on how to find rules in the Federal Register.
The second part of the Resource Center is the Policy Library. The Policy Library contains a flowchart showing how rules move through the regulatory pipeline; a list and brief description of rulemaking agencies; background information describing how the regulatory process works from beginning to end; and a glossary of common terms relating to regulation. The Policy Library also has a reference section, which provides links to legislation, executive orders, and government reports on regulatory policy.
World Intellectual Property Organization (WIPO) news release: "Against the background of an unprecedented number of cybersquatting cases in 2007, the evolving nature of the domain name registration system (DNS) is causing growing concern for trademark owners around the world. Last year, a record 2,156 complaints alleging cybersquatting - or the abusive registration of trademarks on the Internet - were filed with the World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Center (Center), representing an 18% increase over 2006 and a 48% increase over 2005 in the number of generic and country code Top Level Domain (gTLDs and ccTLDs) disputes (see Table 1)."
WSJ - Sweeping Changes in Paulson Plan: "U.S. Treasury Secretary Henry Paulson plans Monday to call for sweeping structural changes in the way the government monitors financial markets, capping a broad review aimed at revamping a system of regulatory oversight built piecemeal since the Civil War. If even only some of the changes get made, they would represent a major reworking of the U.S. regulatory system for finance. Such an outcome would likely take years and would also require major compromises from an increasingly partisan Congress."
News release: "...the Wikimedia Foundation reached a significant new milestone: on Thursday, March 27, at 00:07 UTC the official article count for all Wikipedias combined reached 10 million. The ten millionth article, a short biography of 16th century English goldsmith and painter Nicholas Hilliard, was created in the Hungarian Wikipedia by user Pataki Márta. Wikipedia now boasts articles in more than 250 languages, with the English Wikipedia having the largest number, followed in descending order by the German, French, Polish, Japanese, Italian, Dutch, Portuguese, Spanish, and Swedish Wikipedias. The project is also experiencing rapid growth in many young Wikipedias, including Marathi, Tagalog, and Cantonese."
EPA National Library Network News - Update on EPA's Library Network - March 2008
"EPA submitted a National Library Network Report to Congress (PDF, 8 pages) on March 26 as requested in the Explanatory Statement accompanying the FY 2008 consolidated Appropriations Act (H.R. 2764).
In the Report, EPA commits to reestablish physical libraries in EPA Regions 5, 6, and 7, as well as the Headquarters and Chemical libraries by September 30, 2008 to complement existing library services. The report was transmitted to the Honorable Todd Tiahrt, the Honorable Wayne Allard, the Honorable Norman Dicks and the Honorable Dianne Feinstein.
The Report lays out the general approach EPA plans to take for each location to reopen, and establishes operational standards applicable to every library in the EPA Network. More specific planning for each site continues.
EPA will allocate the Congressional appropriation of $1 million using the following priorities:
Follow up to previous postings on the EPA library closures, news today via AP: "The Environmental Protection Agency plans to reopen five closed libraries to the public by this fall, the agency said in a report Thursday. Three of the EPA's 10 regional libraries and two libraries at the agency's Washington headquarters were closed because of limited public use and resources being available online, EPA officials had said. The closings prompted criticism from lawmakers. The EPA said in a report to Congress that it expects the closed agency libraries in Chicago, Dallas and Kansas City, Mo., as well as at its Washington headquarters to be reopened by Sept. 30 and possibly earlier. Congress added $1 million to the EPA's budget so that the libraries could be reopened. It also required the agency to provide the report on its library plans."
News release: "Federal Trade Commission Chairman Deborah Platt Majoras today issued the FTC’s 2008 Annual Report at the American Bar Association’s Section of Antitrust Law Spring Meeting in Washington, DC. The FTC in 2008: A Force for Consumers and Competition, describes the agency’s competition and consumer protection missions and accomplishments. The online version of the annual report links readers to all source documents, such as press releases, reports, speeches, and education materials."
Implementation of the Communications Assistance for Law Enforcement Act by the Federal Bureau of Investigation, Audit Report 08-20, March 2008. Redacted for public release.
San Francisco Plastic Bag Ban Interests Other Cities, by David Gorn: "In San Francisco, the age-old question "Paper or plastic?" was answered one year ago this week. The city banned hard-to-recycle plastic bags in grocery stores, and so far, that translates into 5 million fewer plastic bags every month. Now, other cities are considering similar bans, and companies are developing alternatives to disposable bags."
GPO is pleased to announce the release of Authenticated Public and Private Laws for the 110th Congress on GPO Access: "Public and private laws are prepared and published by the Office of the Federal Register (OFR), National Archives and Records Administration (NARA). GPO Access contains the text of public and private laws enacted from the 104th Congress to the present. The database for the current session of Congress is updated when the publication of a slip law is authorized by OFR. Documents are available as ASCII text and Adobe Portable Document Format (PDF) files."
News release: "In the FTC’s action against data brokers Reed Elsevier (REI) and Seisint, the complaint alleges that REI - through its LexisNexis data broker business - and Seisint collect and store in databases information about millions of consumers, including names, current and prior addresses, dates of birth, drivers license numbers and Social Security numbers. They obtain information about consumers from credit reporting agencies and other sources, and sell products customers use online to find and retrieve the information from their databases. The companies relied on user IDs and passwords (or “user credentials”) to control customer access to consumer information in their databases."
News release: "The Special Libraries Association (SLA) today met with U.S. Environmental Protection Agency (EPA) officials to review the agency's report to the U.S. Congress on the future direction of its library network. The report, EPA National Library Network Report to Congress (March 26, 2008), explains the steps EPA intends to take to reopen libraries closed over the last two years, and details how the agency will allocate an additional $1 million dollars for libraries provided in the FY08 EPA budget earmarked for that purpose."
"Two major authorities govern the U.S. military justice system, the Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial (MCM). Rather than published in revised editions, corrections and changes to early courts-martial manuals —independently prepared by the Army and Navy — were often printed as separate bulletins or announced in periodical literature. Officers then simply wrote in or “tipped in” the changes into their personal copies of the MCM. The 1951 MCM was the first manual to be drafted by a committee representing all three services, and was the first manual to be issued under the 1950 UCMJ. Examples of many of these manuals, which eventually [are linked here], constitute a part of the legislative history of the MCM."
News release and analysis: "The Department of Justice's Antitrust Division issued the following statement today after announcing the closing of its investigation into the proposed merger of XM Satellite Radio Holdings Inc. with Sirius Satellite Radio Inc. - After a careful and thorough review of the proposed transaction, the Division concluded that the evidence does not demonstrate that the proposed merger of XM and Sirius is likely to substantially lessen competition, and that the transaction therefore is not likely to harm consumers. The Division reached this conclusion because the evidence did not show that the merger would enable the parties to profitably increase prices to satellite radio customers for several reasons, including: a lack of competition between the parties in important segments even without the merger, the competitive alternative services available to consumers; technological change that is expected to make those alternatives increasingly attractive over time; and efficiencies likely to flow from the transaction that could benefit consumers."
Workshop 8 – Monitoring & Current Awareness: Mining Blogs & RSS for Research, 9:00 AM – 12:00 PM, Sunday April 6, 2008 - Sabrina I. Pacifici, Law Librarian, Founder/Editor/Publisher, LLRX.com and Author, beSpacific.com.
"Change Congress is a movement to build support for basic reform in how our government functions. Using our tools, both candidates and citizens can pledge their support for basic changes to reduce the distorting influence of money in Washington. Our community will link candidates committed to a reform with volunteers and contributors who support it."
"February 2008 Preliminary Post-Kimbrough/Gall Data Report: A set of tables presenting preliminary data on fiscal year 2008 cases sentenced on or after December 10, 2008. The numbers are prepared using data received, coded, and edited by the Commission by February 21, 2008."
Brits vs. Americans: Who's Better Prepared to Weather a Recession? Richard Lloyd, The American Lawyer, March 24, 2008: "Traditionally, U.S. firms have benefited from the sheer size of the domestic U.S. economy, the American penchant for pursuing litigation at all costs and large bankruptcy proceedings that provided a seemingly endless gravy train for law firms. The U.K. firms, in contrast, do not see the same upside from countercyclical litigation work. There is simply not the same litigation climate in the United Kingdom, and litigators make up a far smaller proportion of most English firms. At New York's Cravath Swaine & Moore, around 50 percent of the firm's lawyers are in litigation, while at Herbert Smith -- arguably, London's premier brand in litigation -- around 35 percent of attorneys are litigators."
"In celebration of Sunshine Week, the National Security Archive's Mexico Project publishes today a new study of Mexico's transparency law: FOI in Practice: Measuring the Complexity of Information Requests and Quality of Government Responses in Mexico.
The study represents the first comprehensive analysis of the Mexican freedom of information law: what information requesters have sought and how the government has responded.
The authors analyzed the quality of government responses in relation to the complexity of FOI requests sent through Mexico's electronic information system from June 12, 2003 to April 30, 2006. After examining 1,000 information requests and corresponding government responses, the authors concluded that in 76% of the cases the government responses satisfied the requests of the user during the first three years of the law's existence. Nevertheless, the results also demonstrated that the most complex FOI requests were more difficult for public officials to answer, and received satisfactory responses in only 57% of the cases analyzed.
The findings serve as a warning about Mexico's need to improve the capacity of government agencies to respond to more complex requests for information as requesters become increasingly sophisticated in their demands over time."
Follow up to previous postings on litigation and hearings on missing White House email and violations of the Presidential Records Act, news today from AP: "Older White House computer hard drives have been destroyed, the White House disclosed to a federal court Friday in a controversy over millions of possibly missing e-mails from 2003 to 2005. The White House revealed new information about how it handles its computers in an effort to persuade a federal magistrate it would be fruitless to undertake an e-mail recovery plan that the court proposed."
In Series of Videos, Supreme Court Justices Make Their Case - Justices' candid observations and pet peeves spill forth in legal writing guru Bryan Garner's video interviews. Legal Times, Tony Mauro
March 11, 2008.
Background Checks for Firearm Transfers, 2006 - Statistical Tables [see also PDF version]: "This web page describes background checks for firearm transfers conducted in 2006. The statistical tables below provide the number of applications checked by state points of contact and local agencies; the number of applications denied and the reasons for denial; and estimates of applications and denials conducted by each type of approval system. Data are also provided on appeals of denied applications and arrests for falsified applications. The Firearm Inquiry Statistics Program is an ongoing data collection effort focusing on the procedures and statistics related to background checks in selected states. NCJ 221786."
National Archives and Records Administration: "The William J. Clinton Presidential Library and the National Archives opened 11,046 pages of First Lady Hillary Rodham Clinton's White House schedules. These Presidential records are...now available [via this page at the William J. Clinton Presidential Library and Museum site]...These schedules are from the First Lady's Staff files of Patti Solis Doyle, Special Assistant to the President and Director of Scheduling for the First Lady. Doyle was responsible for the First Lady's schedule from 1993 to 1998, and then assumed additional responsibilities as Director of Advance for the First Lady throughout the rest of the Clinton Administration. Arranged chronologically, these records document in detail the activities of the First Lady, including meetings, trips, speaking engagements and social activities for the eight years of the Clinton Administration...Of the 11,046 pages of schedules that are being opened, 4,746 have redactions. The majority of the redactions pertain to the privacy interests of third parties, including their social security numbers, telephone numbers, and home addresses."
News release: "EPA’s Environmental Appeals Board (EAB) has upheld the agency’s enforcement action against the owner of Lowest Price gas stations in Maryland, Virginia and the District of Columbia. In cooperation with state and D.C. officials, EPA filed a complaint in September 2002 against gas station owner, Euclid of Virginia, Inc. for violating regulations designed to detect and prevent fuel leaks from underground storage tanks (USTs). In a March 11, 2007 decision, the EAB ruled against every issue raised in an appeal filed by Euclid of Virginia, Inc. The board ordered the company to pay a $3,164,555 penalty for violations involving 72 underground storage tanks at 23 gas stations. The company had appealed an administrative law judge’s November 2006 assessment of a $3.08 million penalty for these violations -- the largest penalty ever assessed by an EPA administrative law judge for violations of any federal environmental law."
Follow up to previous postings on litigation and hearings on missing White House email and violations of the Presidential Records Act, today's news release: "Today, in response to a request by the National Security Archive, which along with Citizens for Responsibility and Ethics in Washington (CREW) has sued the White House challenging its failure to preserve millions of missing email, Magistrate Judge Facciola issued a show cause order in CREW, et al. v. EOP. Judge Facciola's order requires the White House to show cause by close of business Friday, March 21, why it should not be ordered to create and preserve a forensic copy of any media that has been used or is being used by any former or current employee between March 2003 and October 2005, the period of time for which email is missing. He entered the Order based at least in part on the White House's own admission that it did not preserve back-up tapes prior to October 2003."
News release: "Commission approval of Federal Register notice: The Commission has approved the publication of a Federal Register notice seeking comments on a revised proposal for a new trade regulation rule governing business opportunities. Dating from 1978, the FTC historically has had a single rule covering two distinct types of offerings: franchises and business opportunity ventures. Many of the very familiar national fast-food restaurants and hotels, for example, are franchises, business opportunity ventures include vending machine routes, rack display operations, and medical billing schemes ventures. These ventures, unlike franchises, typically do not involve the right to use a trademark or other commercial symbol. Nevertheless, they do call for the opportunity seller to provide purchasers with locations for machines, or with accounts, or clients, and have been covered by the Franchise Rule."
Intellectual Property: Federal Enforcement Has Generally Increased, but Assessing Performance Could Strengthen Law Enforcement Efforts, GAO-08-157, March 11, 2008: "Five key agencies play a role in IP enforcement, and their enforcement functions include seizures, investigations, and prosecutions. While IP enforcement is generally not their highest priority, IP crimes with a public health and safety risk, such as production of counterfeit pharmaceuticals, is an IP enforcement priority at each agency. Determining agencies' IP enforcement resources is challenging because few staff are dedicated to this area, and not all agencies track staff time spent on IP enforcement.
Agencies carry out some enforcement actions through their headquarters, but significant enforcement takes place in the field. Federal enforcement actions generally increased during fiscal years 2001-2006, but the key agencies have not taken key steps to assess their achievements. For example, most have not systematically analyzed their IP enforcement statistics to inform management and resource allocation decisions, collected data on their efforts to address IP crimes that affect public health and safety, or established IP-related performance measures or targets to assess their achievements. Also, Customs and Border Protection's enforcement of exclusion orders, which stop certain IP-infringing goods from entering the country, has been limited due to certain procedural weaknesses. The National Intellectual Property Rights Coordination Center, an interagency mechanism created to coordinate federal investigative efforts, has not achieved its mission and staff levels have decreased. Currently, only one agency participates in the center's activities, which focus on private sector outreach. Agencies have lacked a common understanding of the center's purpose and agencies' roles. The center's upcoming move to a new location presents an opportunity to reconsider its mission."
Follow up to previous postings on the status of protection for polar bears, this March 10, 2008 news release, "the Natural Resources Defense Council (NRDC), the Center for Biological Diversity and Greenpeace sued the Bush administration for missing the legal deadline to issue a final decision on whether to list the polar bear under the Endangered Species Act due to global warming...Polar bears live only in the Arctic and are totally dependent on the sea ice for all of their essential needs. The rapid warming of the Arctic and melting of the sea ice pose an overwhelming threat to the polar bear, which could become the first mammal to lose 100 percent of its habitat to global warming. The groups filed their lawsuit today in U.S. District Court for the Northern District of California. The lawsuit seeks a court order compelling the administration to issue the final decision on polar bear protection immediately."
PR Newswire: "Just two days after a new Washington Post national poll found that 59 percent of the American public supports restrictions identical to Washington, DC's gun laws -- which ban handgun possession and require that legally possessed rifles and shotguns be either disassembled or secured with a trigger lock -- the U.S. Supreme Court is scheduled tomorrow to hear oral arguments in a case challenging DC's handgun ban, District of Columbia v. Heller. Reiterating the findings contained in its amicus brief filed in the case, the Violence Policy Center (VPC) warned that increasingly lethal handguns being marketed by the gun industry -- ranging from high-capacity semiautomatic handguns to next-generation assault pistols based on AK-47 and AR-15 assault rifles -- make the handgun ban today even more of a necessity to protect first responders and citizens in the nation's capital than when it was first enacted in 1976."
"On Tuesday, March 18, 2008, C-SPAN will air the Supreme Court oral argument of District of Columbia v. Heller which the Court is scheduled to hear that day. The immediate release of the audio recording of the Court's argument was in response to a request by C-SPAN (Release time is approximately 11:15 A.M.). The Court will make the recording available to the media soon after the conclusion of the oral argument. The oral argument will air on C-SPAN, and C-SPAN Radio as soon as it is released. The audio recording will also be archived online at www.c-span.org on the “America and the Courts” page."
DOJ Office of Information and Privacy: "On March 16 we celebrate the anniversary of James Madison's birthday. Madison, traditionally viewed as the Father of the United States Constitution, is also seen by many as a defender of open government. He once wrote, "[a] popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps, both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives." In a similar vein, he asserted that "the advancement and diffusion of knowledge" is "the only Guardian of true liberty." ...With Madison's views on the importance of an informed citizenry in mind, the occasion of James Madison's birthday is an excellent opportunity for federal agencies to review their FOIA operations to ensure that this vital government function is receiving the attention it deserves."
Principles of Federal Appropriations Law: Annual Update of the Third Edition, GAO-08-450SP, March 13, 2008. (116 pages, PDF): "We are pleased to present the annual update of the third edition of Volumes I and II of Principles of Federal Appropriations Law. Our objective in this publication is to present a cumulative supplement to the published third edition text that includes all relevant decisions from January 1 to December 31, 2007. After Volume III is published, the third edition of Principles will be complete and all three volumes will be updated annually."
Environmental Protection: EPA Needs to Ensure That Best Practices and Procedures Are Followed When Making Further Changes to Its Library Network, GAO-08-304, February 29, 2008.
Since 2006, EPA has implemented its reorganization plan to close physical access to 4 libraries. In the same period, 6 other libraries in the network decided to change their operations, while 16 have not changed. Some of these libraries have also digitized, dispersed, or disposed of their materials. Since the reorganization, EPA has begun drafting a common set of agencywide library procedures and has hired a program manager for the network. While these procedures are under development, however, EPA has imposed a moratorium on further changes to the network in response to congressional and other expressions of concern. EPA's primary rationale for the library network reorganization was to generate cost savings by creating a more coordinated library network and increasing the electronic delivery of services. However, EPA did not fully follow procedures recommended in a 2004 EPA study of steps that should be taken to prepare for a reorganization. In particular, EPA did not fully evaluate alternative models, and associated costs and benefits, of library services. EPA officials stated that they needed to act quickly to reorganize the library network in response to a proposed fiscal year 2007 funding reduction. EPA did not develop procedures to inform staff and the public on the final configuration of the library network, and EPA libraries varied considerably and were limited in the extent to which they communicated with and solicited views from stakeholders before and during the reorganization effort. In particular, EPA's plan did not include information that the Chemical Library was to close, and EPA did not inform staff or the public until after the fact. EPA's communication procedures were limited or inconsistent because EPA acted quickly to make changes in response to a proposed fiscal year 2007 funding reduction, and because of the decentralized nature of the library network."
News release: "The federal courts are well-positioned to address an anticipated increase in immigration-related workload and other challenges facing the Judiciary, thanks to Congressional funding, representatives of the Judicial Conference today told House and Senate appropriations subcommittees. If the Judiciary is to maintain staffing levels in the courts and initiate several program enhancements, however, a 7.6 percent increase over fiscal year 2008 enacted appropriations is needed in fiscal year 2009. The Judiciary seeks $6.72 billion for fiscal year 2009, $4.97 billion of which would fund the courts' Salaries and Expenses account."
News release: "..the Pacific Research Institute released its report comparing the legal climates of all 50 states. According to the U.S. Tort Liability Index: 2008 Report, Florida ranked the worst in terms of tort costs and litigation risks, while North Dakota ranked the best. In a separate ranking, the study also evaluated the tort laws of each state. Colorado had the best tort laws on its books, while Rhode Island had the worst."
News release: "For fiscal year 2007, total case filings in the U.S. district courts remained stable, bankruptcy filings grew steadily throughout the year, and persons under post-conviction supervision increased 2 percent. In the same 12-month period ending September 30, 2007, appeals declined 12 percent. These and other statistics on the federal Judiciary for fiscal year 2007 were released today by the Administrative Office of the U.S. Courts and are available online: 2007 Judicial Caseload Indicators and 2007 Judicial Business."
House Concurrent Resolution on the Budget - FY09: H. CON. RES. 312 accompanied by House Report 110-543. Revising the cong. budget for the U.S. Gov't for FY08, establishing the cong. budget for the U.S. Gov't for FY09, and setting forth appropriate budgetary levels for fiscal years 2010 - 2013.
Follow up to previous postings on the U.S. Attorney firings, this news release today - "the U.S. House of Representatives General Counsel filed a civil lawsuit on behalf of the House Judiciary Committee to enforce subpoenas issued by the committee seeking information on the U.S. Attorney firings. The defendants in the case are former White House Counsel Harriet Miers and White House Chief of Staff Joshua Bolten who were cited by the House for contempt of Congress last month. Last week, the Justice Department refused to present the House-passed contempt citations to a grand jury, contrary to federal law. Based on the House resolution that also found Bolten and Miers in comtempt, the committee is now filing the civil lawsuit to enforce the subpoenas."
News release: "The Committee on Codes of Conduct of the Judicial Conference of the United States seeks public comments on proposed revisions to the Code of Conduct for United States Judges. The proposed revisions are based in large part on revisions adopted by the American Bar Association in February 2007, amending the ABA Model Code of Judicial Conduct. The proposed revised Code of Conduct for United States Judges is on-line in two versions: proposed new Code of Conduct in its entirety, and the revisions proposed to the current Code of Conduct."
News release: "Children, birthparents and prospective adoptive parent(s) will have greater protections under the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention), effective April 1, 2008. New safeguards administered by U.S. Citizenship and Immigration Services (USCIS) under the Hague include the creation of new forms and improved, centralized examination processes for intercountry adoption applications and petitions under the Hague Adoption Convention."
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News release: "The Commission has approved the publication of a Federal Register notice of proposed rulemaking regarding the labeling requirements for biodiesel fuels. As detailed in the notice...the Commission is proposing to amend the Fuel Rating Rule (16 C.F.R. Part 306) to include rating, certification, and labeling requirements for biodiesel fuel. The proposed labeling requirements are mandated by Section 205 of the Energy Independence and Security Act of 2007. Each of the proposed changes is described in the Federal Register notice, which also provides general information on the Fuel Rating Rule, the definition of "biodiesel," questions commenters may wish to address, and how such comments should be submitted. All comments on the proposed rulemaking must be received by the FTC by April 7, 2008."
News release: "A report on law school enrollment by the American Bar Association Section of Legal Education and Admissions to the Bar showed that total enrollment by students seeking the Juris Doctor degree, the basic law degree, increased only slightly during 2007-08, while enrollment of first-year students was nearly flat, compared to the previous year. Broken out by gender, the ABA report further reveals that total enrollment of male students increased slightly but first-year male enrollment dipped, and total enrollment by females decreased despite a rise in the number of women students in the entering class. Minorities posted slight gains...statistics detailing law degrees awarded, law school enrollment in total and broken out by gender and racial or ethnic gr