When Fastcase hired industry veteran Steve Errick this summer, observers knew things were going change. And they have. Fastcase has launched Full Court Press to publish law journals, legal treatises, deskbooks, forms, checklists and workflow tools. First up, RAIL: The Journal of Robotics, Artificial Intelligence & Law. For details, see Bob Ambrogi’s LawSites post. — Joe
Category Archives: News
The Sixth Circuit Court of Appeals decided the case of John Doe v. University of Cincinnati (16-4693) today. The case concerns whether a preliminary injunction against a penalty of suspension imposed in a Title IX case should be upheld. The Court agreed with Doe that his due process rights were violated as he had no way to cross examine the accuser in his case. The Court notes that educational institutions are not in the judicial business, meaning that their hearings do not have to model trials and their rules of procedure. Nonetheless, they have to provide a level of due process to the accused. The fact that the University failed “to provide any form of confrontation of the accuser made the proceeding against John Doe fundamentally unfair.”
The process the University subscribes to in its administrative hearings for Title IX violations allows for accuser and accused to submit written questions which the administrative committee would review and ask each of the parties. This did not happen in this hearing because the accuser, Jane Roe, did not attend the hearing. University rules did not, in fact, require any of the parties to attend. The panel made its decision on the basis of the written statements each party submitted, the Title IX Officer’s report, and statements Doe made in his defense at the hearing. They decided to impose a two year suspension that was later reduced to one year on administrative appeal.
Doe took his case to the District Court which found in his favor. The University could only decide based on the submissions from each party, basically one’s word against another. The Court stated that cross examination was “essential” to due process in these circumstances. The District Court also noted that the University’s code allowed for notarized statements from the accuser. Roe’s statements were not notarized and the Court said that this significant departure from the institution’s own procedures could also amount to a violation of due process.
The University appealed to the Sixth Circuit which agreed with the District Court and upheld the preliminary injunction against suspension. The Court largely agreed with the District Court’s reasoning. The Court of Appeals set out the required process:
While the exact outlines of process may vary, universities must “at least” provide notice of the charges, an explanation of the evidence against the student, and an opportunity to present his side of the story before an unbiased decision maker. Id. (citing Heyne v. Metro. Nashville Pub. Sch., 655 F.3d 556, 565–66 (6th Cir. 2011)).
Both parties agreed that Doe’s property interest (not being suspended) is significant. The Court said that the right to cross examine in one form or another is required by due process in the most serious of cases and the accusation of sexual misconduct is one of these cases.
Given the parties’ competing claims, and the lack of corroborative evidence to support or refute Roe’s allegations, the present case left the ARC panel with “a choice between believing an accuser and an accused.” Flaim, 418 F.3d at 641. Yet, the panel resolved this “problem of credibility” without assessing Roe’s credibility. Id. (citation omitted). In fact, it decided plaintiff’s fate without seeing or hearing from Roe at all. That is disturbing and, in this case, a denial of due process.
The Court held that the cross examination need not take the form of direct confrontation. The question and answer format identified in the University Rules would work as would other variations such as appearances via Skype. At the very least, the accuser will have to participate somewhat more actively in the hearing.
I wrote a book review recently of Laura Kipnis’ book, Unwanted Advances: Sexual Paranoia Come to Campus, which is about this very issue. Professor Kipnis highlighted some of the more egregious violations of due process in the book’s stories. It’s well worth reading in light of this decision.
From the film’s official synopsis: “The legendary filmmaker [Frederick Wiseman] brings his incisive vision behind the scenes of one of the world’s greatest institutions of learning, capturing the vast programmatic scope of NYC’s library system. The NYPL is blessed with uniformly passionate staff and deeply devoted, appreciative bibliophiles and beneficiaries across its 92 branches. The film reveals a venerable place of welcome, cultural exchange, and intellectual creativity.” — Joe
From the July 13, 2017 press release:
Blue360° Media has acquired over 150 law enforcement publications from LexisNexis® Group covering 40 U.S. states. Blue360° Media publishes Law Enforcement Manuals, Code Books, Field Guides, and an Officer Series focused on professional development. With over 170,000 publications ordered each year, Blue360° Media helps new recruits learn the criminal and traffic laws for their jurisdiction, assists seasoned professionals in quickly finding legal changes, and helps department managers institute best practices with guidance on issues such as report writing and passing promotional exams.
“2017 has been a particularly active legislative year, and it is important that our officers remain up-to-date on the ever changing criminal code. At Blue360° we are passionate about serving our men and women in blue, and we seek to keep them safe and successful in protecting and serving in our communities,” said CEO Susan Slisz.
Headlines are blaring everywhere about the lawsuit filed by Rod Wheeler against Fox News involving a Fox story, later retracted, about the death of Seth Rich as part of a plan to distract from the Russia investigation involving President Trump. See Lawsuit Asserts White House Role in Fox News Article on Seth Rich from the New York Times as an example. If anyone is interested, the complaint in the case is available from the Deadline news site, here. Another source is from Document Cloud. —Mark
For Mother Jones, A.J. Vicens reports that more than 40 million voter records from at least nine states are being offered for sale on a dark web forum, and the seller claims to have records for an additional 20 to 25 states, according to Dark Reading, a news organization focused on information security. See Someone is selling more than 40 million voter records on the dark web (July 26, 2017)
On a related dark web note, the DOJ announced last week “the seizure of the largest criminal marketplace on the Internet, AlphaBay, which operated for over two years on the dark web and was used to sell deadly illegal drugs, stolen and fraudulent identification documents and access devices, counterfeit goods, malware and other computer hacking tools, firearms, and toxic chemicals throughout the world.” DOJ July 20, 2017 press release.
I was saddened on Thursday night to hear the news that June Foray had passed away at the age of 99. She was a remarkable voice actor whose is most notably known for the voice of Rocket J. Squirrel from the Rocky and Bullwinkle show from the 60s. There was nothing like it on TV at the time and it spawned any number of culturally subversive cartoons that followed. Dare I say without Rocky and Bullwinkle we would not have Ren and Stimpy or Ralph Bakshi’s crazed version of Mighty Mouse.
Miss Foray reprised the voice of Rocky in the 2000 live action movie, The Adventures of Rocky and Bullwinkle, starring Robert Di Niro as Fearless Leader, Jason Alexander as Boris Badenov, and Rene Russo as Natahsa Fatale. The movie was uneven but still a joy with the inspired cast list and cameos. Other voices in Miss Foray’s repertoire include Granny and every other witch that appeared in Looney Toons cartoons. Her voice was unmistakable.
OK, so much for the sadness. On the fun side, please enjoy the 55 minute or so documentary Of Moose And Men, the story of the Rocky and Bullwinkle Show.
Thank you June for all of the joy you’ve given so many people in your long career.
Kudos to this year’s Fastcase 50 class. Here’s the list. — Joe
Fastcase appoints Steve Errick as Chief Operating Officer and announces plan to launch own imprint for secondary works
Yesterday Fastcase announced that former LexisNexis executive Steve Errick will join the company’s executive team on July 1 as Chief Operating Officer. He will be responsible for executing the company’s strategic vision, developing new editorial products, and developing the company’s organizational structure as the company expands. From the press release:
“We couldn’t be more excited to have Steve join the team,” said Fastcase CEO Ed Walters. “Fastcase is an increasingly complex company, with sophisticated legal data updating operations, multiple product lines and more than 100 employees in three offices – and we’re growing all the time. Steve’s deep relationships in the industry and his experience in managing legal publishing companies at scale will be important as we are becoming one of America’s largest legal tech companies.”
Fastcase also announced that it would begin editorial publishing starting in 2018 to expand the reach of its legal research service, which to date has focused exclusively on primary law such as case law, statutes, regulations, court rules, and constitutions. The company will launch it’s own imprint of expert treatises, secondary material, journals and partner with its various State Bar Associations in developing new state workflow products to serve the state practitioner markets.
“Early in my career at West, my challenge was finding the best authors,” Errick said. “Most recently at LexisNexis it was acquiring the best companies and building a product team to drive those businesses. And now, I get this wonderful opportunity to use these diverse experiences to help accelerate the pace of the most innovative company in legal tech.”
Sometime in the future, the hiring of Steve Errick will be viewed as the stimulus for taking Fastcase to the next level to compete with Thomson Reuters, LexisNexis and Bloomberg BNA. It is no coincidence that Fastcase’s press release announced both the hiring of Errick and the move into the secondary source market in 2018. — Joe
I’ve been at DePaul since 1999 and in Law Libraries generally since I was a circulation assistant at the Chicago-Kent College of Law in 1976. That’s been around 41 years in the biz. That’s a long time no matter how one slices it.
I will be retiring from DePaul at the end of June. I look forward to sitting on my couch with my cats while watching cartoons all day long. I may even pop up here a little bit more because of all the free time I’ll have. We’ll see. I’d like to thank everyone I’ve worked with in the profession. It’s been fun.
Obama’s presidential library and NARA’s new model for the preservation and accessibility of presidential records
The first images and models of Tod Williams Billie Tsien Architects’ plans for the Obama Presidential Library in Chicago have been revealed. The proposal includes a tall stone-clad museum with faceted sides and cutaway corners, sat beside a lower forum and opposite a library. See image above. For more, go here.
The new presidential library will not hold print copies of Obama’s presidential papers. Instead the Obama Foundation plans to fund digitzing them with NARA storing the original materials offsite but available for lending according to NARA’s May 3, 2017 press release, National Archives Announces a New Model for the Preservation and Accessibility of Presidential Records.
H/T to Gary Price’s InfoDocket posts. — Joe
A pioneer in the field of legal technology, Robert Bigelow died March 23rd at the age of 90. Check out Bob Ambrogi’s LawSites post for details. — Joe
Law bloggers frequently cite to primary sources but most offer no links to them because the sources they use reside behind a paywall, be it Bloomberg, LexisNexis or Thomson Reuters. For LexBlog bloggers, the paywall problem has been resolved by the integration of Fastcase’s legal search service into LexBlog’s WordPress platform. Now clicking on a LexBlog link will display within the same browser interface primary law sourced by Fastcase. For details, see Kevin O’Keefe’s LexBlog launches Fastcase integration. — Joe
In White House posts wrong versions of Trump’s orders on its website, USA Today reports that the texts of at least five Trump executive orders hosted on the White House website do not match the official text sent to the Federal Register. Quoting from the USA Today article, examples include:
► The controversial travel ban executive order suspended the Visa Interview Waiver Program and required the secretary of State to enforce a section of the Immigration and Naturalization Act requiring an in-person interview for everyone seeking a non-immigrant visa. But the White House version of the order referred to that provision as 8 U.S.C. 1222, which requires a physical and mental examination — not 8 U.S.C. 1202, which requires an interview.
► An executive order on ethical standards for administration appointees, as it appears on the White House website, refers to”section 207 of title 28″ of the U.S. Code. As the nonprofit news site Pro Publica reported last week, that section does not exist. The Federal Register correctly cited section 207 of title 18, which does exist.
SSRN, the social science and humanities repository, has been acquired by Elsevier. Elsevier plans to leverage its Mendeley technology to enhance SSRN’s repository and online community. Mandeley is a free reference manager and academic social network Elsevier acquired a couple of years ago. Here’s the press release. — Joe
And here they are:
Kathleen (Katie) Brown
Associate Dean for Library Services
Charlotte School of Law
Edward Cornell Law Librarian &
Associate Dean for Library Services
Cornell University Law Library
Law Library of Congress
Chief, Foreign, Comparative, and International Law Division II
Scott D. Bailey
Global Director of Research Services
Squire Patton Boggs LLP
Board Members (pick two)
Director of the Law Library &
Vice Dean for Legal Information Services
The University at Buffalo
State University of New York
Katherine M. Lowry, JD
Director of Practice Services
Baker Hostetler LLP
Catherine M. Monte
Chief Knowledge Officer
Fox Rothschild LLP
Jean P. O’Grady
Director of Research & Knowledge Services
The election will be held September 30 to October 31, and successful candidates will begin their terms of office in July 2017. — Joe
DocuTicker, the resource for grey literature published by government agencies, think tanks, etc., announced that it stopped publishing in 2016. Since its launch in June 2004, the site has posted 35,754 items. DocuTricker observed that there are many other web resources that perform the same grey literature service.
HT to Information Today. — Joe