Tabloid Constitutionalism: How a Bill Doesn’t Become a Law

Here’s a fun one:

Tabloid Constitutionalism: How a Bill Doesn’t Become a Law

Brian C. Kalt
Michigan State University College of Law

Georgetown Law Journal, Vol. 96, No. 6, — August 2008, p. 1971-1985
MSU Legal Studies Research Paper No. 06-12

Abstract:

What does it take to get Congress to pass a law? To get a judge to declare a statute unconstitutional? To get your law-review article featured in the National Enquirer? Based on one data point, at least, I can say that two of those three things are difficult.

This piece is a follow-up to my 2005 Georgetown Law Journal article, The Perfect Crime. Back then, I argued that there is a fifty-square-mile swath of Idaho – a so-called zone of death – where one can commit crimes with impunity.

In this piece, I first discuss the attention that The Perfect Crime generated: it was covered not just by the Enquirer but by mainstream media, and it inspired a best-selling novel.

I next discuss my efforts to lobby Congress. I initially tried to get Congress to change the law. When that failed, I tried to get Congress to acknowledge my existence. That effort essentially failed as well, at least until a senator read the aforementioned novel.

Finally, I discuss the treatment of my theory in an actual criminal case where the defendant invoked it. The handling of the theory there was almost as dispiriting as Congress’s.

The theory I set out in the Perfect Crime had plenty of limitations and counterarguments; it is not my intention in this piece to criticize people for disagreeing with me. Rather, my intention is just to recount one case study – amusing in some parts, infuriating in others – of the American system of government and law.

Kenyan Legislation on Kenya Law Reports Web site

The eKenya Law Reports site now includes free, full-text access to the Laws of Kenya.  In addition to searching by number and title, keyword searching is available. The eKenya Law Reports site also includes bills, Kenya Gazette and judments from the High Courts and Court of Appeal of Kenya. No need to register to access the legislation, unlike the LawofKenya.com site.

eKenya Law Reports  http://www.kenyalaw.org/kenyalaw/klr_home/

Librarians and Campaign Finance

After seeing a recent post on the Open Secrets site regarding contributions to political campaigns, I wondered ‘what about us?’  What do librarians contribute, financially, to campaigns?

This is rough (and I do welcome comments and other search suggestions), but here goes:

After poking through the recent (2007-2008) election cycle contributions, which are current through mid-August 2008, contributors who self-described themselves as “librarian” donated $774,230 to candidates, parties and PACs. 

Of those folks, $186,102 dollars went to Obama, $182,822 went to Clinton, $26,100 to Edwards, $7,400 to McCain, and $16,700 to Romney (also notable: $19,860 to the DNC, $24,800 to Emily’s List).

And, I took a look back at the last presidential election fiscal cycle (2003-2004), and those who listed ”librarian” as their occupation contributed $513,912 — more than $250,000 less than the current contribution level and we still have a few months until the election.

SearchTogether

Today, on BoingBoing, there is a posting about TR35,  Technology Review’s list of innovators under 35. 

One of the super smart folks profiled in the list is Meredith Ringel Morris, 29, and her innovation is SearchTogether, a nifty tool that allows you to collaborate on web searches. 

The idea is so rich for education.  As the SearchTogether site describes, some of the features include: “group query histories, split searching, page-level rating and commenting, automatically-generated shared summaries, peek-and-follow browsing, and integrated chat.”

You can download the plugin for free, too.  (And, yes, we do love free things at LegalResearchPlus!)

Government Data Mining

Government Data Mining

MCGRAW-HILL HANDBOOK OF HOMELAND SECURITY, 2008

FRED H. CATE, Indiana University School of Law-Bloomington

NEWTON MINOW

Government data mining is widespread and expanding. A 2004 report by the General Accounting Office found 42 federal departments – including every cabinet-level agency that responded to the GAO’s survey – engaged in, or were planning to engage in, 122 data mining efforts involving personal information. Thirty-six of those involve accessing data from the private sector; 46 involve sharing data among federal agencies.

These programs present vexing legal and policy issues about the government’s access to, and use of, personal information, especially when that information is obtained from the private sector or another government agency or when it concerns individuals who have done nothing to warrant suspicion. Surprisingly, many of these issues have not yet been addressed by statutes or judicial decisions, or the applicable law is uncertain or unclear.

This paper examines the technological and geopolitical factors that have raised – and complicated – this question, and helped to render existing law inadequate. It describes that law and the legal and other issues posed by data mining, but not resolved by existing law. The paper includes a summary of the recommendations of the DOD Technology and Privacy Advisory Committee – the most recent word on the subject – which are currently under consideration by Congress and the Secretary of Defense.

 

Source: LSN Information Privacy Law Vol. 1 No. 12,  08/26/2008

Call for papers: International Journal of Intelligence Ethics

Opportuinity to publish in the International Journal of Intelligence Ethics, a peer-reviewed journal.

The purpose of the International Journal of Intelligence Ethics (IJIE) is to be a primary source for multidisciplinary information and research on the role of ethics in its application to intelligence activities. The journal will focus, from both a practical and theoretical framework, on the role of ethics in the full spectrum of intelligence activities, including collection, analysis and covert action. Articles may be focused on a particular country, region or political system.  Intelligence activities from both a national security and law enforcement perspective will be covered

Papers for publication should be between 5,000 to 10,000 words, although longer submissions will be considered.  The journal follows the current Chicago Manual of Style.  Submissions should be sent to journal@intelligence-ethics.org. For further information on submission requirements, contact journal@intelligence-ethics.org.

Full details avaiable on the journal Web site: http://www.intelligence-ethics.org/journal/

Hat tip to the National Security Law listserv.

 

Legal Publishers, Growing, Growing…

The Wall Street Journal’s Market Watch reports:

“The combined global markets for legal and business publishing grew 6.4% to $15.13 billion in 2007. Legal publishing continues to be the largest segment in professional publishing with revenue of $9.93 billion in 2007, up 6.9% from $9.3 billion in 2006.

The numbers come from, “Global Legal & Business Publishing 2008-2009,” a report from Simba Information, and Simba projects that sales in the legal (and business) markets will again grow in 2008, with a 5% increase to $15.89 billion.

Why the growth?

“The number of lawyers, paralegals, CPAs and accountants continues to increase, affording a steady market for publishers that supply the critical content and workflow these professionals rely on every day.”

Legal Research and Judicial Corruption

This eye-catching headline comes from the Manila Times.  The article by Emmanuel Q. Fernando opens:

“Observing the judicial investigation by the retired justices of the Supreme Court of the Court of Appeals [Philippines] justices allegedly involved in anomalies concerning the Meralco-GSIS case a few days ago reminded me of the need for judicial reform and the envisioned modest contribution of the Chief Justice Enrique M. Fernando Foundation towards that end. . . .”

“The Foundation thus embarks on the project called EXCELLENCE IN MAGISTRACY AND FIDELITY TO LAW RESEARCH PROJECT, which aims to improve the standards of the Philippine legal profession by providing judges and lawyers a research online publication similar to that of LEXISNEXIS or WESTLAW. This would greatly facilitate the research required to arrive at a sound or correct decision in a given case. A close collaboration and partnership between the Foundation, the Philippine Judicial Academy, the Supreme Court Library, the U.P. College of Law and the U.P. Law Center have already been set up.”

And, the solution to judicial corruption?

“The solution of judicial corruption is not easily accomplished. There must be greater vigilance by the authorities, such as the Office of the Court Administrator, and also by members of the Bar. It is the main contention of this article that an essential component in the solution lies in the improvement of legal research materials.”

Free resources in English available at Latin Lawyer Web site

The publishers of “Latin Lawyer” magazine have made available some content free of charge. Once you select an indivial country on the Latin Lawyer Online site, look for the section labeled “Reference.” There you will find informative interviews with leading attorneys in each jursidiction. Recent examples include “Mergers & Acquisitions in Colombia” and “Secured Transactions in Uruguay”.  It is often difficult to locate up to date information in English for many of these subjects. So, a tip of the hat to the folks at Latin Lawyer for providing this nice service. As for the subscriber only content, “Latin Lawyer” offers excellent coverage of  major legal and law firm develpoments throughout Latin America.

Latin Lawyer Online http://www.latinlawyer.com/index.php

New book by Harvard Law Library’s director – Born Digital: Understanding the First Generation of Digital Natives

I have been eagerly awaiting the arrival of Born Digital: Understanding the First Generation of Digital Natives, by Harvard’s John Palfrey and Urs Gasser.  It just arrived yesterday and it is fascinating and wonderfully readable, right from page 1.  I highly, highly recommend it (even though I’m only through the second chapter!). 

The second chapter, “Dossiers,” offers much food for thought.  And here’s a little taste:

The amount of information that goes into the digital files kept about a baby born today is extraordinary.  To see just how extraordinary, let’s look at the digital dossier of a hypothetical baby:  We’ll call him Andy.

Andy’s digital life begins well before he is born — before he even has a name.  The first entry in his digital file is a sonogram that his proud parents-to-be affix to the refrigerator, anticipating the happy event of his birth.  That same image is recreated in the hospital database, the first formal record of Andy’s life.  . . . In this case, with good reason, the obstetrician’s team will copy Andy’s image into a file for the pediatrician who will care for him after he’s born.  Start counting: That’s one digital file, copied in at least four places.

. . .

Even the digital information that we perceive to be out of reach from third parties may in fact be more accessible than we realize, now or in the future.  We can only hope that the Social Security Administration’s computer system, which processes and stores the application for Andy’s new Social Security number, is a digital Fort Knox.  But the biggest search engines — like Google and Baidu, China’s largest search engine — are constantly improving the ability of their Web crawlers to unearth more and more data from the dark recesses of the Internet.  These crawlers copy information, without asking permission, and dump it into a massive, structured global index.  At the same time, social networks and other services hosting personally identifiable information are eager to get the traffic from these search engines, so they are exposing more and more about people to the likes of Google and Baidu.  This combination of factors — the incentive for search engines to index all the world’s information and the incentive of online service providers to draw people to information on their sites — means that information about Andy that was once in a silo is now in a more open, public space. . . .

. . .

The problem with the rapid growth of digital dossiers is that the decisions about what to do about personal information are made by those who hold the information.  The person who contributes the information to a digital dossier may have a modicum of control up front, but he or she rarely exercises it.  The person to whom the information relates — sometimes the person who contributed it, sometimes not — often has no control whatsoever about what happens to the data.  The existence of these dossiers may not itself be problematic.  But these many, daily, individual acts result in a rich, deep dataset associated with an individual that can be aggregated and searched.  The process, start to finish, is only lightly regulated.

 

On the book jacket our Professor Lawrence Lessig writes “Digital technologies are changing our kids in ways we don’t yet understand.  This beautifully written book will set the framework for a field that will change that.  It is required reading for parents, educators, and anyone who cares about the future.”

I agree that it is beautifully written and that it should be required reading. 

Here’s the catalog record:

Author: Palfrey, John.
Title: Born digital : understanding the first generation of digital natives / John Palfrey and Urs Gasser.
Imprint: New York : Basic Books, c2008.
Physical Description: vii, 375 p. ; 25 cm.
Notes: Includes bibliographical references and index.
Contents: Identities — Dossiers — Privacy — Safety — Pirates  — Creators — Quality — Overload — Aggressors — Innovators — Learners — Activists — Synthesis.
          Subject (LC): Information society–Social aspects.
          Subject (LC): Information technology–Social aspects.
          Subject (LC): Technological innovations–Social aspects.
          Subject (LC): Internet and children.
          Subject (LC): Internet and teenagers.
          Subject (LC): Internet–Social aspects.
          Subject (LC): Technology–Social aspects.
          Subject (LC): Digital media–Social aspects.
          Added author: Gasser, Urs.
                  ISBN: 9780465005154

LAW CALL NUMBER                                              
   1)HM851 .P34 2008