Tomorrow, the US Department of Veterans Affairs (DVA) will celebrate Veterans Day, a federal holiday which dates to the ending of World War I. The armistice was proclaimed on November 11, 1918, and took effect at eleven o'clock in the morning — the "eleventh hour of the eleventh day of the eleventh month". It was not until June 28, 1919 that the war officially ended when Germany and the Allies signed the Treaty of Versailles. Interestingly, the United States was a signatory, but the U.S. Senate never ratified the treaty. President Woodrow Wilson proclaimed a National Armistice Day on November 11, 1919 to commemorate those who died during the war. By Act of May 13 1938, 9 (52 Stat. 351, 5 U.S.C. §87a) Congress made Armistice Day a legal holiday dedicated to world peace to honor veterans of the Great War.
In 1954, Congress passed legislation (Public Law 83-380, 68 Stat. 16) to change the name of the holiday to Veterans Day to honor all veterans as there were then more veterans of WWII than there were of WWI. Later that year, on October 8th, President Dwight D. Eisenhower issued the first "Veterans Day Proclamation".
On June 28, 1968, the Uniform Holiday Bill (Public Law 90-363, 82 Stat. 250) was enacted to ensure that the four big federal holidays – Washington’s birthday, Memorial Day, Columbus Day and Veterans Day – would always be celebrated on Mondays, thus preserving the three-day weekend and allowing for travel and recreational activities. Under the new bill, Veterans Day was moved to the last Monday of October and fell on October 25. Because of the significance of the date November 11, citizens and veterans groups around the country wanted to continue to recognize that day. On September 20, 1975, President Gerald Ford signed Public Law 94-97 to return the observance back to its original day. Veterans Day is on November 11 every year, regardless of what day of the week it falls on. The DVA website states that Veterans Day is a “celebration to honor America’s veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good.”
Recent years have seen efforts to commemorate veterans with more than a single day’s observance. On August 4, 2001, the U.S. Senate by Resolution 143 designated the week of November 11 through November 17, 2001, as "National Veterans Awareness Week" calling for educational efforts directed at elementary and secondary school students concerning the contributions and sacrifices of veterans. The practice has continued most recently with the 2008 Senate Resolution 692. This week, VA Secretary Eric K. Shinseki announced that DVA and the Library of Congress will offer a Veterans History Countdown web site with oral histories of veterans from every state and US territory. The site provides background about the program, a guide for volunteers to follow in recording and submitting veterans' oral histories, and access to the project's extensive digital archive with links that allow access stories in a number of methods:
Tuesday, November 10, 2009
Sunday, November 8, 2009
Law School Costs and Access
The Government Accountability Office recently issued its October 2009 report Higher Education: Issues Related to Law School Cost and Access which addresses the cost of getting a law degree. The report says that law school costs have increased at a faster rate than the costs of comparable professional programs. Averaging $14,461 in the 2007-8 academic year, in-state tuition at public law schools have risen 7.2 percent higher than the cost 12 years earlier. In comparison, the cost of a medical degree from a public institution increased 5.3 percent over the same period, to $22,048 annually. Costs for nonresidents and at private institutions also increased at a slower rate over that period to an average of $33,042 about twice as much or more compared with residents' costs at public institutions. Click on the chart below from the GAO report for a larger image. It was posted along with others on the TaxProf Blog entry GAO: U.S. News Rankings, Not Accreditation, Key Driver of Law School Tuition.
The report also addresses access to law schools and concludes that minorities are making up a larger share of law-school enrollments than in the past, despite a drop in the percentage of African-American students. In the academic years from 1994 to 2007, black students went from 7.5 percent of law school students to 6.5 percent, while the number of blacks earning bachelor's degrees grew two percent. Law school rankings may account for lower or static enrollment rates of minorities as "Schools are reluctant to admit applicants with lower LSAT scores because the median LSAT score is a key factor in the U.S. News & World Report rankings." Another posting on TaxProf Blog, U.S. News: GAO Wrong to Blame Us For Rising Law School Tuition, links to a contrary view in a U.S. News & World Report article, Who's at Fault for the High Cost of Law School?
The report attributes the rise in law school tuition costs to competition for better rankings and a more hands-on approach to educating students for the increased price of a law degree rather than to accreditation standards of the American Bar Association. The report states that law schools are providing courses and student-support programs that require more staff and faculty. At the same time, the report noted decreases in state appropriations as a reason for rising tuition.
The report also addresses access to law schools and concludes that minorities are making up a larger share of law-school enrollments than in the past, despite a drop in the percentage of African-American students. In the academic years from 1994 to 2007, black students went from 7.5 percent of law school students to 6.5 percent, while the number of blacks earning bachelor's degrees grew two percent. Law school rankings may account for lower or static enrollment rates of minorities as "Schools are reluctant to admit applicants with lower LSAT scores because the median LSAT score is a key factor in the U.S. News & World Report rankings." Another posting on TaxProf Blog, U.S. News: GAO Wrong to Blame Us For Rising Law School Tuition, links to a contrary view in a U.S. News & World Report article, Who's at Fault for the High Cost of Law School?
Friday, November 6, 2009
Life without Parole for Juveniles
On November 9, the US Supreme Court will hear oral argument in two juvenile sentencing cases that question whether it is unconstitutional, under the Eighth Amendment’s ban on “cruel and unusual punishment,” to impose a life sentence without parole on a minor. The two cases, Graham v. Florida (08-7412) and Sullivan v. Florida (08-7621), will give the Court an opportunity to review an earlier decision in Roper v. Simmons, 543 U.S. 551 (2005), which ruled the death penalty for minors unconstitutional under the Eight Amendment partly on the theory that juveniles are not as responsible for their actions as adults. Advocates for juveniles argue that sentences of life without parole are the equivalent of death-in-prison sentences and should be judged by the same constitutional standard as a sentence directly imposing death. Advocates for tougher sentences for violent crime argue that life without parole is an effective and lawful sentence for the worst juvenile offenders with a place in our laws where 43 states, the District of Columbia, and the federal government have set the
maximum punishment for juvenile offenders at life without the possibility of parole. See Adult Time for Adult Crime: Life Without Parole for Juvenile Killers and Violent Teens by the Heritage Foundation.
The facts of the both cases are worth reviewing. A NY Times article from early this year stated that the then 13 year old Joe Harris Sullivan admitted that he and two older friends had burglarized the home of a 72 year old Florida woman. But he denied rape charges. The victim testified that her assailant was “a colored boy” who “had kinky hair and he was quite black and he was small.” She said she “did not see him full in the face” and so would not recognize him by sight. She recalled her attacker saying something like, “If you can’t identify me, I may not have to kill you.” At trial, Sullivan had to repeat this phrase several times. Although the victim did not clearly identify Sullivan, he was convicted after a one day trial where he was represented by a lawyer who made no opening statement and whose closing argument occupies about three double-spaced pages of the trial transcript. The lawyer was later suspended, and the Florida Bar’s Web site says he is “not eligible to practice in Florida.”
A recent Newsweek article states the then 17 year old Terrance Jamar Graham tried to rob a restaurant with two accomplices. Charged as an adult, he pled guilty to armed burglary charges, and received one year behind bars and three years probation. When he violated probation, he was sentenced, without trial, to life without parole.
Among the amicus briefs that the Supreme Court will consider is the Brief for Former Juvenile Offenders Charles S. Dutton, Former Sen. Alan K. Simpson and others in Support of Petitioner which argues for giving juveniles a second chance. Charles S. Dutton attended Yale University’s School of Drama and made his Broadway debut in1984 and received two Tony nominations. Alan K. Simpson served in the US Senate from 1979 to 1997, serving, among other positions, as Republican Whip and Chairman of the Veterans Affairs Committee. He has also served several terms in the Wyoming legislature.
The Brooklyn Law School Library has in its collection material related to the topic of sentencing juveniles to life without parole. See, for example, Symposium on Youth and the Law (Call # P N84 v. 22 no. 1) in 22 Notre Dame Journal of Law, Ethics, & Public Policy (2008) with its lead article at page 9 by Barry C. Feld entitled, "A Slower Form of Death: Implications of Roper v. Simmons for Juveniles Sentenced to Life Without Parole".
See also The Rest of their Lives: Life without Parole for Child Offenders in the United States by Alison Parker of Human Rights Watch (Call # KF9820 .R47 2005) which found "at least 2,225 people incarcerated in the United States who have been sentenced to spend the rest of their lives in prison for crimes they committed as children."
maximum punishment for juvenile offenders at life without the possibility of parole. See Adult Time for Adult Crime: Life Without Parole for Juvenile Killers and Violent Teens by the Heritage Foundation.
The facts of the both cases are worth reviewing. A NY Times article from early this year stated that the then 13 year old Joe Harris Sullivan admitted that he and two older friends had burglarized the home of a 72 year old Florida woman. But he denied rape charges. The victim testified that her assailant was “a colored boy” who “had kinky hair and he was quite black and he was small.” She said she “did not see him full in the face” and so would not recognize him by sight. She recalled her attacker saying something like, “If you can’t identify me, I may not have to kill you.” At trial, Sullivan had to repeat this phrase several times. Although the victim did not clearly identify Sullivan, he was convicted after a one day trial where he was represented by a lawyer who made no opening statement and whose closing argument occupies about three double-spaced pages of the trial transcript. The lawyer was later suspended, and the Florida Bar’s Web site says he is “not eligible to practice in Florida.”
A recent Newsweek article states the then 17 year old Terrance Jamar Graham tried to rob a restaurant with two accomplices. Charged as an adult, he pled guilty to armed burglary charges, and received one year behind bars and three years probation. When he violated probation, he was sentenced, without trial, to life without parole.
Among the amicus briefs that the Supreme Court will consider is the Brief for Former Juvenile Offenders Charles S. Dutton, Former Sen. Alan K. Simpson and others in Support of Petitioner which argues for giving juveniles a second chance. Charles S. Dutton attended Yale University’s School of Drama and made his Broadway debut in1984 and received two Tony nominations. Alan K. Simpson served in the US Senate from 1979 to 1997, serving, among other positions, as Republican Whip and Chairman of the Veterans Affairs Committee. He has also served several terms in the Wyoming legislature.
The Brooklyn Law School Library has in its collection material related to the topic of sentencing juveniles to life without parole. See, for example, Symposium on Youth and the Law (Call # P N84 v. 22 no. 1) in 22 Notre Dame Journal of Law, Ethics, & Public Policy (2008) with its lead article at page 9 by Barry C. Feld entitled, "A Slower Form of Death: Implications of Roper v. Simmons for Juveniles Sentenced to Life Without Parole".
See also The Rest of their Lives: Life without Parole for Child Offenders in the United States by Alison Parker of Human Rights Watch (Call # KF9820 .R47 2005) which found "at least 2,225 people incarcerated in the United States who have been sentenced to spend the rest of their lives in prison for crimes they committed as children."Wednesday, November 4, 2009
FDsys Online Tutorials
For the last decade, GPO Access, the online version of the US Government Printing Office, has provided free electronic access to documents produced by the Federal Government. This free service, funded by the Federal Depository Library Program, arose out of Public Law 103-40, known as the Government Printing Office Electronic Information Enhancement Act of 1993. GPO Access has been the online source for the US Code, bills, committee reports, hearings, the Federal Register and Code of Federal Regulations, and other documents; most materials are available in PDF back to the mid-1990s. However, GPO Access's primitive search engine was generally useful for retrieving known citations.
Now, the Federal Digital System (FDsys - accent on the D) is the new advanced digital system that will enable GPO to manage Government information from all three branches of the US Government. The migration of information from GPO Access into FDsys will be complete in 2009. Until then GPO Access will contain all content. FDsys (http://fdsys.gpo.gov/) is currently available in beta format. It currently offers more than 150,000 of the same congressional and executive documents as GPO Access, with advanced search capabilities and a more user-friendly interface. It is also the only source for the Daily Compilation of Presidential Documents which replaced the former Weekly Compilation earlier this year.
GPO has made available brief FDsys video tutorials, including an FDsys overview, simple search, advanced and citation search, and browsing. The FDsys tutorials are:
Now, the Federal Digital System (FDsys - accent on the D) is the new advanced digital system that will enable GPO to manage Government information from all three branches of the US Government. The migration of information from GPO Access into FDsys will be complete in 2009. Until then GPO Access will contain all content. FDsys (http://fdsys.gpo.gov/) is currently available in beta format. It currently offers more than 150,000 of the same congressional and executive documents as GPO Access, with advanced search capabilities and a more user-friendly interface. It is also the only source for the Daily Compilation of Presidential Documents which replaced the former Weekly Compilation earlier this year.
GPO has made available brief FDsys video tutorials, including an FDsys overview, simple search, advanced and citation search, and browsing. The FDsys tutorials are:
- FDsys Overview - This video is a brief overview on the background of FDsys.
- FDsys Simple Search - This is a video tutorial on how to perform simple searches within the system and filter your results.
- FDsys Advanced Search - This is a video tutorial on how to perform advanced searches and citation searches within the system.
- FDsys Browse - This is a video tutorial on how to browse for government publications within FDsys.
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Tuesday, November 3, 2009
Episode 045 - Conversation with Professor of Law Joel M. Gora
In this pod cast, recorded on Election Day 2009, BLS Professor of Law Joel M. Gora discusses his book Better Parties, Better Government: A Realistic Program for Campaign Finance Reform that he co-authored with American Enterprise Institute Senior Fellow Peter J. Wallison. The book describes how campaign finance laws prohibit political parties from fundraising on behalf of individual candidates, forcing candidates to finance their campaigns independently. The current campaign finance system favors wealthy candidates and protects incumbents while discouraging challengers. In the book, the authors argue that allowing parties a greater role in campaign fundraising would strengthen the political parties. It would also attract more qualified candidates, and free officeholders to govern without undue financial influence. The publisher AEI Press, besides issuing the print version earlier this year, has posted an online version of the book.Prof. Gora teaches Election Law: the Law of Democracy, Federal Courts and the Federal System, Constitutional Law III: First Amendment, Constitutional Law, First Amendment Seminar at Brooklyn Law School. He has had an extensive history with free speech and other civil liberties issues including serving as General Counsel for the New York Civil Liberties Union and National Staff Counsel and Associate Legal Director with the American Civil Liberties Union. His many contributions to legal scholarship are listed on his Selected Works page.
Saturday, October 31, 2009
The United States: Singular or Plural
An article in the summer 2008 edition of the Green Bag entitled Supreme Court Usage and the Making of an 'Is' by Brooklyn Law School Professor Minor Myers is interesting reading on a fine point of grammar, namely whether the phrase "the United States" is a singular noun or a plural noun. Today, speakers and writers refer to the US in the singular sense rather than the plural. It may be that current usage is simply a reflection of a decline in grammatical standards. Otherwise one could speculate that contemorary usage is an unconscious move away from the federalist ideal of the Founders and an implicit endorsement of a unitary view of our government. Either way, the article is worth reading. Its abstract, posted this month on SSRN, says:
This survey examines use of the phrases “United States is” and “United States are” in opinions of the United States Supreme Court from 1790 to 1919. The familiar claim, popularized by Shelby Foote in the Ken Burns Civil War documentary, is that the Civil War marked a shift in usage from plural to singular. This survey demonstrates that in the Supreme Court this account of the timing of the change is not accurate. Although patterns of usage changed abruptly in the 1860s, justices continued to use the plural form through the end of the nineteenth century. Indeed, the plural usage was the predominant usage in the 1870s, 1880s, and 1890s. Only in the beginning of the twentieth century did the singular usage achieve preeminence and the plural usage disappear almost entirely.Prof. Myers teaches Corporate Law: Advanced Topics, Property and writes on corporate law and local government law, with his most recent scholarship addressing the decisions of corporate special litigation committees. Prof. Myers scholarship includes:
Thursday, October 29, 2009
BLS Library Lunch & Learn Workshops
The Brooklyn Law School Library held a series of Lunch & Learn Wednesday Workshops this past month primarily for 1Ls on basic legal research. The topics covered were the new term of the US Supreme Court, Case Law Research (link from the Brooklaw Library Weblog), Law Review Research, Statutory Research and Adminstrative Law Research. The slideshows from each session are posted on the new BLS Connect using the trail: Brooklyn Law School Portal > Library > Research Guides and Aids. Video of the Administrative Law Research session is here:
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