While I was walking through the library stacks yesterday I was thinking about the new building. I often think about the new building–specifically big beautiful windows.

Yesterday was a little different. I was thinking about flexible furniture. This was because a student had dragged a two-top study table to the comfortable seating located near the bathrooms. Now I do not know how they sat on those low seats (the comfortable seats, not the bathroom) and were able to work on anything. Nonetheless I was once again reminded that students are going to use/move furniture as they see fit. I used to fight it. In fact I used make the grain of all the tables run the same way, but I learned.  Students need to be able to create study space that works for them (assuming it is not disruptive to others).

This put me in mind of video I had seen. Some students took this idea to its natural conclusion when they designed these chairs. What I do not understand is how this technology has not been applied to rolling bookbags yet.

Photo courtesy of samratm on Flickr

By Meghan Starr

The U.S. Department of Justice filed an antitrust lawsuit yesterday against Apple and several e-book publishers for alleged price fixing.

Apple is accused of coordinating a move to an agency model of pricing.  In the agency model, the publisher sets the book price with the vendor retaining a set percentage (here 30%).  The Justice Department claims the higher prices have cost consumers millions of dollars and raised the price of some books as much as $3.  They want e-book publishers and vendors to return to the traditional wholesale model where publishers can offer discounts or promotions, but it is the retailer (i.e. Amazon, Apple) who sets the final book price.

Three publishers, Hachette, HarperCollins and Simon & Shuster, have settled the suit.  Macmillan and Penguin Group, along with Apple, plan to fight the charges and deny they colluded to fix prices.  They claim that the agency pricing has been beneficial to consumers by allowing Apple to compete with Amazon.

Prior to this pricing strategy, Amazon was believed to have about 90% of the e-book market.  Amazon was known to offer its books at a steep discount, possibly even selling them at a loss.   Amazon’s Kindle has a market share now closer to 60% (with the Nook at 25% and the iBookstore at 10-15%). (Huffington Post Article)

Also at issue is the “most-favored nation” clause in Apple’s contracts which requires that book sellers provide them with the lowest prices they offer competitors.  The Justice Department voiced concerns that consumers could be hurt if several companies sign contracts that refer to competitor’s prices.

The e-book market grew by 117% in 2011 according to Publishers Weekly.  It is nearly a $970 million market. (Bloomberg Article)

by Katie Ginnane

Today in 1949, the North Atlantic Treaty was signed by twelve states establishing the North Atlantic Treaty Organization. These member states, including Belgium, Canada, Denmark, France, Britain, Iceland, Italy, Luxemborg, the Netherlands, Norway, Portugal and the United States, signed the treaty creating a “political and military alliance whose primary goals are the collective defense of its members and the maintenance of democratic peace in the North Atlantic area.”  NATO currently consists of 28 independent member countries.

The current leader of NATO is Secretary General Anders Fogh Rasmussen.  Rasmussen took over in July of 2009.  The secretary general is responsible “for coordinating the alliance’s work, leading NATO’s staff and chairing the North Atlantic Council.”  This council is the top political governing body and “oversees the political and military process relating to security issues affecting the whole alliance.”

NATO’s website provides a great set of research guides on a variety of topics.  These guides can be used to start research on anything from “Women, Peace and Security” to “Arms Control, Disarmament and Non-Proliferation.”  NATO also has a multimedia library, unfortunately it is located in Brussels.  Finally, if you are interested in learning more about NATO’s history and objectives, here are some resources recommended by the organization.  The first, “NATO:  The First Five Years” is considered the first NATO handbook and is digitized here.  Another recommended book is “A History of NATO:  The First Fifty Years.”  Finally, “The Long Entanglement:  NATO’s First Fifty Years” addresses NATO’s relationship with the United States.

by Flickr user heathbrandon

Do you wish the library Coke machine took debit cards? Or do you think that the Circulation workers are the friendliest people ever? Here’s your chance to let us know about it. The law library’s annual student survey is now available. Let us know what you think about study rooms, how you use the library, the Reference Desk and more.

How’s it work? Easy. Click the link above, take a couple minutes, answer a few questions and be entered to win a Target gift card.

We’d love to hear from you!

Flicker photo by massmatt

By Kristin Poland

Beginning on Monday, March 26^th, the U.S. Supreme Court heard six hours of oral argument spread over three days in the case of  The Department of Health and Human Services v. Florida.  The case involves 26 states who are challenging the constitutionality of the Patient Protection and Affordable Care Act, commonly known as Obamacare.

The Court focused its inquiry on Monday on whether or not it was able to decide on the larger issues in the case in light of the Anti-Injunction Act of 1867.  The act prohibits tax issues from being challenged prior to the tax taking effect, and the issue before the court involved whether the penalty to be imposed for failure to purchase health insurance was a tax.  On Tuesday, the Court heard arguments regarding one of the act’s central provisions-the individual mandate.  The Court questioned attorneys regarding the power of Congress to require individuals to purchase insurance under the commerce clause.  On Wednesday, the Court turned its attention to two further issues: whether the remainder of the act could be allowed to stand if the mandate was struck down, and whether the expansion of the Medicaid program was a proper exercise of congressional power.

The Supreme Court’s decision in this case is expected near the end of June.  Until then, you can brush up on the arguments presented by both sides.  Audio recordings of the arguments are available at the Supreme Court’s website. You can also click here for transcripts of these recordings.

Additionally, C-SPAN has extensive coverage of the issue, including audio recordings.

When an attorney or law student thinks about estate planning, they might think of wills, future interests, and/or trusts.  People invest in estate planning because they have “assets” or they want to make sure their loved ones are taken care of when the inevitable arises (unless you are a Highlander, in which case you can live forever).

When I think of assets, I think of real or personal property, such as your grandmother’s wedding ring, the family home, or land.  Money and investments are also apart of someone’s assets.  But what about their Facebook or Twitter page?  Would you consider your social media accounts as part of your assets?  If so, who takes control of those assets, when can they take control, and how much control can they have?  That is the question that is beginning to pop up in several state legislatures.

A Nebraska Bill (No.738) that is working it way through the legislature right now would treat social media accounts of a deceased person as “digitial assets.”  This means those accounts could be taken over by a friend or relative, who would then have the option to continue or close the account. (Reference: Washington Post)

Currently, Facebook will put profiles in a “special memorialized state” if they have been informed that a user has died.  Part of the reason they do this is to allow the deceased person’s friends to continue to post on their page.  Additionally, Facebook will also remove a page at the request of the deceased’s family members.  One thing Facebook will not do is provide log-in information (a username and password) to anyone, even the next of kin.  Only in cases where the deceased directed them to do so in a will or by a court decree will Facebook provide log-in information. (Reference: Omaha World-Herald)

So far Oklahoma is the only state that has currently passed “digital assets” legislation.  In addition, the Oregon State Bar Association hopes to propose legislation next year.  With legislation passed in one state already,  one state in the process of reviewing legislation, and another in the process of proposing legislation, one has to wonder if this idea will pick up steam in other state legislatures as well.  (Reference: Governing)

by Katie Ginnane

As some of you may or may not know, the law library webpage has a great collection of a variety of resources for students. Whether you are looking for a free resource for your summer internship or booking a study room, that law library tab on the GSU College of Law’s webpage yields some great resources to navigate your way through law school and after. Here are some of those resources outside of the wealth of databases listed at the top of the page.

by Korinne Lassiter

Image from http://www.californiaemployeeadvocate.com/

Did you know that in Georgia if you are arrested it stays on your record even if the case is dismissed or you are acquitted? It’s true.

I didn’t know this sad fact until I began my externship at the Georgia Justice Project, an organization that is working hard to change Georgia’s draconian records law. We have clients come in all the time who are unable to find a job or rent an apartment because of arrests that show up on their record. The Georgia Justice project helps clients go through the convoluted process to correct one’s criminal record. Currently, the only way to get something off your record is to request the original agency having custody or control of the records to purge, modify, or supplement them. That agency then sends your request to the prosecuting attorney who then looks through the record to determine if an individual meets the criteria to clear one’s record. This process is also known as expungement and can take up to a year. If they deny your request then you can appeal to the superior court in that jurisdiction.

Currently, as the law stands, the only arrests or charges that can be cleared off of one’s record are, pursuant to O.C.G.A. § 35-3-7:

1) If a person is arrested and released without the offense being referred to the prosecuting attorney.

2) If a person is arrested and the case is referred to a prosecuting attorney, but the prosecuting attorney decides to dismiss the charges without seeking an indictment or filing an accusation.

3) After the filing of an indictment or an accusation, a record shall not be expunged if the prosecuting attorney shows that the charges were nolle prossed, dead docketed, or otherwise dismissed because:
a. Of a plea agreement resulting in a conviction for an offense arising out of the same underlying transaction or occurrence as the conviction;
b. The government was barred from introducing material evidence against the individual on legal grounds including but not limited to the grant of a motion to suppress or motion in limine;
c. A material witness refused to testify or was unavailable to testify against the individual unless such witness refused to testify based on his or her statutory right to do so;
d. The individual was incarcerated on other criminal charges and the prosecuting attorney elected not to prosecute for reasons of judicial economy;
e. The individual successfully completed a pretrial diversion program, the terms of which did not specifically provide for expungement of the arrest record;
f. The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of this state, the United States, another state, or foreign nation; or
g. The individual had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution.

The expungement law and process is critical for attorneys to know. One would think that dismissals would automatically be erased off a client’s record, but this is not the case. Always be sure to expunge your client’s record if they meet the criteria stated above.

Fortunately, there is hope for a change to these laws in Georgia! House Bill 663 would change the law regarding criminal records. The new bill would restrict access to the following types of information (excerpt below taken from the Georgia General Assembly website):

1. If prior to indictment or accusations:
a. The case was never referred for further prosecution to the prosecuting attorney by the arresting law enforcement agency because either such agency closed the case without referring the case to the prosecuting attorney or a period of two years for misdemeanor offenses or four years for felony offenses has elapsed from the date of arrest;
b. The case was referred to the prosecuting attorney but was later dismissed; or
c. The grand jury returned two no bills;

2. After indictment or accusation:
a. All charged were dismissed or nolle prossed or the case was placed on the dead docket with the consent of the state and a period of 12 months has expired from the date of placing such case on the dead docket;
b. The individual was convicted of an offense and was sentenced to punishment other than the death penalty, but such conviction was vacated by the trial court or reversed by an appellate court, the decision of which has been made final, and the prosecuting attorney has not retried the case within 18 months of the final order of the court unless the prosecuting attorney obtains a court order, prior to the expiration of the 18 months, lengthening the time due to ongoing investigation or other appropriate circumstances; or
c. The individual was acquitted of all charges by a judge or jury.

The new bill still has some exceptions to when a record can be cleared, however they are much more reasonable. After the filing of an indictment or accusation, a record shall not be restricted if:

1. The charges were nolle prossed, dead docketed, or otherwise dismissed because of a plea agreement resulting in a conviction for an offense arising out of the same underlying transaction or occurrence as the conviction;
2. The charges were tried and some but not all of the charges resulted in an acquittal;
3. The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of this state, the United States, another state, or a foreign nation;
4. The individual had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution; or
5. The individual was acquitted of all charges but it is later determined that the acquittal was as a result of jury tampering.

It is important to note that the record will not be restricted to criminal justice agencies, such as law enforcement, district attorneys, or judges.
Unfortunately, most employers will deny employment if ANYTHING shows up on a background check, even if it was dismissed. If this bill passes it will mean that people who were mistakenly arrested or did not commit a crime will be able to find employment more readily. This means less people on state assistance. It seems to be a win, win for Georgia.

For updates on the bill see: http://www.gjp.org/
To see the entire current law: O.C.G.A. § 35-3-7.
To see the proposed bill: http://www1.legis.ga.gov/legis/2011_12/sum/hb663.htm

Flickr photo by Jackson Boyle

There is a new “hot” item in town, and its not stereos, Cadillacs, or copper wiring.  Care to take a guess?

If you guessed “Tide” detergent,then you are correct.  Yes Tide, the same stuff that you washed your clothes with this weekend, has apparently become the next big target for the criminal underworld.

News outlets are reporting a “nationwide spike” in Tide theft, including one incident where an individual over the course of 15 months stole $25,000 worth of Tide from a Wal-mart near Minneapolis (Fox News Story).

About now is when you are probably wondering why Tide is such a popular item for thieves?  Yahoo! reports that thieves are selling Tide on the black market to buy drugs.  But why Tide?  Why not iPads, LCD TVs, or Blu-Ray players.  The same report notes that thieves are targeting Tide because: (1) it is one of the most popular brands and is easily recognizable for consumers, (2) it cannot be tracked because it does not have a serial number, and (3) a $10-$20 bottle can still go for $5 – $10 on the streets (Yahoo! Story).

With the thought of laundry detergent being sold on the black market, one can only begin to wonder what could be next.

by Katie Ginnane

Have you ever wished that information about prevention of food born illness, safe food handling and safe preparation of meat, poultry and egg products was right at your fingertips?  No?  Well what about exercises to help manage and reduce stress?  Well, an app that does just that, and many others, is available compliments of the US government. Below are some great, readily available apps available through the United States government’s website:

Law Students

• Breathe 2 Relax– This app provides information about stress’s effect on the body and exercises to help manage stress through breathing exercises.
• T2 Mood Tracker– This app helps you track your mood on a daily basis.
• Tactical Breather– This app helps you gain control over physiological and psychological responses to stress.
• USA Jobs– this app provides a one-stop-shop to search for jobs within the federal government.

Legal

• Charge!– This game provides a great way to familiarize yourself with correct acquisition and contracting rules as defined in the Federal Acquisition Regulation.
• Congress- A Pocket Dictionary– This app helps you find your representative, see how they vote, read up on bills, find out about committee hearings and other information about the day to day activities of congress.
• Library of Congress- A Virtual Tour– This app does exactly as its name implies, it gives you a virtual tour of the library of congress.
• SBA– This app helps you find the nearest location of Small Business Administration-affiliated advisers and other resources to help start or grow your small business.
• The Congressional Record– This app provides the daily congressional record along with records dating back to January 4, 1995.

Fun!

• Baby Name Playroom– This app allows you to search through popular baby names over the last 130 years.
• Encyclopedia of Life– This app allows you to catalog the biodiversity of the planet as a part of the Encyclopedia of Life project focused on organizing and making available information about all forms of life on earth.
• Leafsnap– This app uses photographs of leaves taken from by smartphones to determine the species of a specific tree.
• Meanderthal– This app uses a picture taken of you or your friends and shows you what the person would look like as an early human.

Personal

• Alternative Fuel Locator– This app allows you to find the five closest providers of biodiesel, electricity, E85 (ethanol), hydrogen, natural gas and propane for your alternate fuel vehicle.
• FCC Mobile Broadband– This app allows you to test the quality and speed of your mobile data collection.
• My Dietary Supplements– This app provides a way to track the vitamins, minerals, herbs and other products you take.
• My Food-A-Pedia– This app provides nutrition information on over 1,000 foods including the calorie amounts, contribution to the five food groups and the number of extra calories from solid fats, added sugars and alcohol.
• National Weather Service– This app provides weather, hydrologic and climate forecasts and warnings for the United States and its surrounding territories.

All of these apps and many more are available at usa.gov.