Vincent G. Rinn Law Library

Additional Sections of Patriot Act Ruled Unconstitutional

There was a second judicial rebuff this month to provisions of the Patriot Act,in an opinion handed down yesterday by Judge Anne L. Aiken of Federal District Court in Portland in the case of  MAYFIELD v. UNITED STATES of AMERICA. ( see posting on previous case )

Brandon Mayfield, is a lawyer in Portland who was arrested and jailed after the Federal Bureau of Investigation mistakenly linked him to the Madrid train bombings in March 2004. They had mis-identified a fingerprint found at the Spanish site. Under current Patriot Act provisions the FBI mounted an investigation that, “Mayfield claimed in the suit, that his home and law offices were secretly broken into by the FBI, his clients' files at his office were searched, his business and personal computers were secretly copied, his telephone was wiretapped and his home was bugged.”
( Source: “Federal judge rules 2 Patriot Act provisions unconstitutional” )

The government reached a settlement after acknowledging that the finger print was not Mr. Mayfield’s. But he was allowed to continue his legal challenge to the provisions of the Patriot Act. Judge Aiken ruled in favor of Mr. Mayfield’s challenges. In her opinion, Judge Aiken stated that,

“Prior to the Patriot Act, the government was required to certify that the primary purpose of its surveillance was to obtain foreign intelligence information. The Patriot Act now authorizes FISA surveillance and searches as long as a significant purpose of the surveillance and searches is the gathering of foreign intelligence. 50 U.S.C. §§ 1804(a)(7)(B) and 1823(a)(7)(B). This amendment allows the government to obtain surveillance orders under FISA even if the government's primary purpose is to gather evidence of domestic criminal activity.

The practical result of this amendment, objected to by plaintiffs, is that in criminal investigations, the government can now avoid the Fourth Amendment's probable cause requirement when conducting surveillance or searches of a criminal suspect's home or office merely by asserting a desire to also gather foreign intelligence information from the person whom the government intends to criminally prosecute. The government is now authorized to conduct physical searches and electronic surveillance upon criminal suspects without first proving to an objective and neutral magistrate that probable cause exists to believe that a crime has been committed.”…

“Therefore, I conclude that 50 U.S.C. §§ 1804 and 1823, as amended by the Patriot Act, are unconstitutional because they violate the Fourth Amendment of the United States Constitution. Plaintiffs' Amended Complaint for declaratory relief is granted.” …

     **********************************************************

The judge's opinion and order

The civil rights violation complaint

In re Sealed Case. A 2002 opinion from the United States Foreign Intelligence Surveillance Court of Review  whose anaysis and conclusion, Judge Aiken questioned and declined to adopt in reaching a conclusion in the Mayfield case.

Feast Day of St. Vincent de Paul

Today September 27 is the day we celebrate the Feast Day of St. Vincent de Paul. Here are a few words that speak to the spirit that guided his life :

“Vincent knew how to make his work responsive to all kinds of misery, whether physical or moral, determined to remedy it and finding an appropriate solution for every situation.

Thus, he was the initiator of assistance to abandoned children, to prisoners, victims of catastrophe, refugees, and housebound invalid.

He taught that true charity does not consist only of distributing alms, but of helping the abject to regain their dignity and independence.”

( Source: “What is the secret of Vincent’s remarkable influence?” )

To look more deeply into the life and legacy of St. Vincent, these books and others are available from the Vincentian Studies Institute Bookstore :

Anthology of Guantanamo Detainees Poems Released

A new 84 page book entitled, “Poems from Guantánamo - The Detainees Speak”, was published by the University of Iowa Press this past August. The anthology of 22 poems by 17 detainees, is the result of the efforts of Marc Falkoff an assistant professor at the Northern Illinois University College of Law and attorney for seventeen Guantánamo prisoners; Flagg Miller a linguistic and cultural anthropologist at the University of Wisconsin–Madison; Ariel Dorfman a Chilean American poet, novelist, playwright, and human rights activist who holds the Walter Hines Page Chair of Literature and Latin American Studies at Duke University.

“Six of the seventeen poets—all of whom, like the entire camp population, are Muslim— have been released to their home countries, but most, including Latif, are now in their sixth year of captivity in conditions harsher than "super maximum" security in U.S. prisons. … The reality, according to the military’s own documents, is that only 8 percent of the prisoners are accused of being al-Qaeda, and only 5 percent were captured by U.S. forces on the battlefields of Afghanistan.”
( Source: Amnesty Magazine , Fall 2007 )

“Since 2002, at least 775 men have been held in the U.S. detention center at Guantánamo Bay, Cuba. According to Department of Defense data, fewer than half of them are accused of committing any hostile act against the United States or its allies. In hundreds of cases, even the circumstances of their initial detainment are questionable.”
( Source: Publisher website )

Professor Falkoff tells about the difficulties in enountred in getting even the few poems that are available in the book, to be declassified by the Pentagon.“Still, the earliest of the poems we submitted for classification review were deemed unclassified, and it was only after the Pentagon learned that we were putting together a book of the poems that the hand of censorship came down. Hundreds of poems therefore remain suppressed by the military and will likely never be seen by the public. In addition, most of the poems that have been cleared are in English translation only.”
( Source : Amnesty Magazine, Fall 2007 )

Also see article from Wall Steet Journal :
The Prison Poets Of Guantanamo Find a Publisher, by YOCHI J. DREAZEN,  June 20,2007

A Conversation with the Judiciary - A Proposal for Volunteer Judges to Hear Patent Cases

A congressional bill ( H.R.34) has sought to establish a pilot project for the federal distirct courts to test the voluntary designation of  judges to hear patent cases, to attempt to enhance the relevant expertise brought to hearing these types of cases. A recent article in the publication “The Third Branch” describes the aim of the proposed legislation.

Patent Case Assignment Pilot Program

"The House passed H.R. 34 in mid-February, a bill that would establish a pilot program in at least five U.S. district courts “to encourage enhancement of expertise in patent cases among district judges.” The bill is now pending in the Senate.

Introducing the legislation, Representative Darrell E. Issa (R-CA) said that, “The core intent of this pilot is to steer patent cases to judges that have the desire and aptitude to hear patent cases, while preserving random assignment as much as possible.” The pilot program would terminate in 10 years, and periodic studies would occur to determine its success. Under the legislation, the Director of the Administrative Office would designate “not less than 5 United States district courts, in at least 3 different judicial circuits” to participate in the pilot program, choosing the courts “from among the 15 district courts in which the largest number of patent and plant variety protection cases were filed in the most recent calendar year.”

The Judicial Conference has not taken a position on the patent pilot project legislation; however, the Conference has a long-standing position favoring the random assignment of federal cases filed. Last Congress, the House passed the same bill where it enjoyed bipartisan support and backing from many intellectual property associations. H.R. 34 is now pending in the Senate."

( Source: The Third Branch Vol.39,No.4 — April 2007 )

The DePaul Center for Intellectual Property Law & Information Technology will be hosting three Illinois federal district court judges to discuss this proposal on Wednesday, October 24, 2007, 12 - 1:30pm at the DePaul Center, 1 E. Jackson Blvd., room 8005. See link for participant information and contact.

Center for Church/State Studies Breakfast Forum

“Stopping Genocide: Lessons from Blood Diamonds for Darfur”

J.D. Bindenagel, Vice President for Community, Government, and International Affairs at DePaul University brings extensive experience in governmental and international affairs to the University. He has served in the U.S. Army, the State Department and in U.S. Embassies in Germany in various capacities from 1972-2003. From 2002-2003, Bindenagel was special U.S. negotiator for “Conflict Diamonds,” leading a U.S. Government negotiation, which resulted in a world-wide ban on sales of illicit, rough “conflict” diamonds from financing insurrections against legitimate governments in Africa.

The Center for Church/State Studies invites you and any guests to this Breakfast Forum to discuss the issue of “Conflict Diamonds” and the situation in Darfur. Continental breakfast will be served at the Forum, which is free and open to the public. Reservations are required by October 24 and can be made by phone at 312-362-5292 or by e-mail at lawevents@depaul.edu.  Please know that the Union League Club requires, at a minimum, business casual attire.

Wednesday, October 31, 2007
Union League Club of Chicago, 65 West Jackson Boulevard
8:00 a.m. in the Crystal Room, 5th floor
Reservations are required by October 24 and can be made by phone at 312-362-5292 or by e-mail at lawevents@depaul.edu

     ***********************************************************

Background Information :

Dying for a Diamond - 'Blood diamonds' still fuel conflict.
by Rory E. Anderson
Sojourners Magazine     March 2007

Blood Diamonds

Tracing The Deadly Path Of The World's Most Precious Stones
by Greg Campbell

Conflict diamonds agency actions needed to enhance implementation of the Clean Diamond Trade Act : report to congressional committees.   

United States. Government Accountability Office.
U.S. Government Accountability Office, [2006]

Under "Color Of law" - Two Legal Coloring Books

Have fun and learn about the Supreme Court! It's a coloring book with a surprising educational twist. This 32-page coloring book features expertly rendered illustrations depicting significant Supreme Court Justices of the United States to color in--including all current sitting Justices.

The U.S. Supreme Court Coloring and Activity Book is perfect for the children of lawyers and judges, or for teachers looking for a new resource for Law Day or Constitution Day. Law Firms will want to purchase to book in bulk for their employees--especially for "Take Your Child to Work Day"!

The book also includes Supreme Court related activities and puzzles such as, matching, word-search, and connect-the-dots games for slightly older children. Suitable for all ages, this book is perfect for teachers and young children, law firms and lawyers looking for client or visitor give-aways, and makes a great gift !

( Source abanet.org )

“A Day With A Lawyer” illustrated by Tom Diamond with educational assistance by Robin Dotson, Has a young child accompanying his/her mother who works as an attorney, through various phases of the work day, depicting the settings, services and personnel that she interacts with in doing her job. The 30 p. coloring book can be downloaded as a PDF file from the North Carolina Bar Association, Young Lawyers
Divison, here.

Microsoft Promotional Deal For Students

Microsoft is offering copies of “Office 2007 Ultimate” to students actively enrolled in educational institutions for $59.95. The program is called “the Ultimate Steal” which seems apt as the promotional price is over 90% off the regular price. The program began September 12, 2007 and runs through April 30, 2008.

Eligibility details :

This offer is good only to eligible students who possess a valid email address at an educational institution geographically located in the United States. This offer is non-transferable. Limit one purchase per eligible student. The following conditions serve to define student eligibility for the Promotion:

1.Individual must possess a valid e-mail address at a U.S. educational institution which contains the domain suffix .edu; AND

2.Individual must be a student at a U.S. educational institution and must be actively enrolled in at least 0.5 course credit and be able to provide proof of enrollment upon request.

Microsoft or an appointed vendor may contact you to verify that you are a current student. If documentation is not provided indicating that you are a current student, you will be liable to reimburse Microsoft for the full retail cost of the software ($679).

(Source: http://www.microsoft.com/education/ultimatesteal.mspx )

New Commemorative Stamp for Medez v. Westminster, Significant 1940's Civil Rights Case

"A World War II-era legal case in which a group of civic-minded parents in California successfully sued to end segregation based on national origin in their schools, the Mendez et al. v. Westminster School District of Orange County et al. court case will be remembered on a U.S. postage stamp during its 60th anniversary.

…Thurgood Marshall was one of the authors of an amicus brief submitted by the National Association for the Advancement of Colored People (NAACP) in the Mendez case. That brief later served as a model for the argument used in Brown v. Board of Education."
( Source: http://www.usps.com/communications/newsroom/2007/pr07_038bkgrnd.htm )

       **********************************************

"La causa caratulada Mendez et al. v. Westminster School District of Orange County et al., demanda judicial de la época de la Segunda Guerra Mundial que entabló con éxito un grupo de padres de California, conscientes de sus derechos civiles, a efectos de poner fin a la segregación por nacionalidad en las escuelas, será conmemorada en una estampilla postal al cumplirse el 60º aniversario.

… Thurgood Marshall había sido uno de los autores de una opinión respecto del caso Mendez presentada por la National Association for the Advancement of Colored People (NAACP). Dicha opinión sirvió como modelo para el argumento usado en la causa Brown v. Board of Education."
(Source: http://www.usps.com/communications/newsroom/2007/pr07_038bkgrndspan.htm )

     *************************************************

Text of opinion, 64 F. Supp. 544 ( 1946)

BIBLIOGRAPHY AND NOTES - Extensive annotated bibliography of court  documents, newspaper articles, interview transcripts etc.

ALA Study On Public Library Technology Access & Funding

A report released yesterday by the American Library Association reveals that internet use at public libraries has been growing and reaching capacity at some libraries. But many libraries do not have the resources to upgrade their hardware and expand their bandwidth.

An Associated Press story says that the study  “… finds the average number of public Internet terminals largely unchanged since 2002, yet only 1 in 5 libraries say they have enough computers to meet demand at all times.

Besides cost, limitations in space, electrical outlets and cabling are cited as the chief factors preventing libraries from buying more computers. Las Vegas officials, for instance, say they reached capacity a few years ago.

"There are times, especially during those peak usage after school and as people get out of work, that you may have to wait an hour, an hour and a half," said Robb Morss, deputy director of the Las Vegas-Clark County Library District.

Meanwhile, three-quarters of the libraries say they are the only source of free Internet access in their communities, increasing pressure on them to meet demand. …

The survey of 4,027 public libraries, conducted from September 2006 to January 2007, has a margin of sampling error of plus or minus 5 percentage points. The American Library Association conducted it with Florida State University and the Gates foundation, which distributes grants to libraries for new computers and high-speed connections.”

The report’s executive summary identifies three themes that emerged from the study:

• Technology is bringing more – not less – public library use

Providing education resources and services for job seekers are the Internet services most  critical to the role of public libraries. Seventy-three percent of libraries report they are the only source of free public access to computers and the Internet in their
communities.

• Library infrastructure (space, bandwidth and staffing) is being pushed to capacity

An increased number of visitors to libraries coupled with increasingly complex technology products and services challenge libraries with facilities that were built before the advent of  networked services and budgets and staff sizes that have not grown even with the addition of new services .

• Libraries need more technology planning and dedicated technology support

Providing technology access does not represent a one-time investment of funds or staff training. More than a quarter of libraries do not have upgrade or replacement schedules for their computers, and state libraries identified an inability to plan and budget for IT upgrades, replacement and maintenance as a significant challenge for public libraries with vulnerable technology services.

This report – along with more than a decade of research from the Public Libraries and the  Internet studies – demonstrates that libraries have moved rapidly into Internet-based services that their communities want and need. Ongoing attention and investments must be made to  nsure that these essential services provided by libraries are sustained.

Law Library Staff Member, Elizabeth Shivers, Nominated for Award by Black Theater Alliance Awards

The Black Theater Alliance Awards, Inc. (BTAA) announces nominations for awards in 29 categories from the 2006 – 2007 theater and dance season. The 144 nominations are derived from 54 productions that were seen cumulatively by the BTAA committee. 15 of those productions were deemed eligible for the Best Production categories; with 7 being selected for Best Play (4) and Best Musical (3) by the BTAA committee.

 

The Black Theater Alliance Awards, Inc. has decided to name each winning category after our legendary African American performers who have paved the way in theater, film, dance, and all areas of the performing arts, and who have also helped to break down the barriers, and opened the doors in spite of extreme adversity for up and coming artist of today to thrive and survive.

 

Elizabeth Shivers along with co-ensemble members, Sharyon A. Culberson and Desla Epison, have been nominated for the “The Ethel Waters Award, Best Performance in an Ensemble (Actress)” , for their performances in "Lifetime On The Streets". Another cast member, J.J. McCormick, has also been nominated in the category, “The Harry Belafonte Award, Best Performance in an Ensemble (Actor)”. The production, "Lifetime On The Streets",  by eta Creative Arts Foundation, is itself in the running for “The Negro Ensemble Company Award Best Play (Drama or Comedy)”, as well as Director, James Pringle, for Best Direction of an Ensemble.

 

The 13th Annual BLACK THEATER ALLIANCE/IRA ALDRIDGE AWARDS will take place at The Hyatt Regency McCormick Place Hotel, 2233 South Martin Luther King Drive on Monday, October 8, 2007. The Black-Tie Formal affair will include an elegant dinner and a special Lifetime Achievement Award to Robert Hooks who is called “… the iconic father of black theater in America” by Vincent Williams, who is the Founder, President and CEO of The Black Theater Alliance Awards, Inc.

(Source: BTAA news release http://www.btaawards.org/  )