The PATRIOT Act

On Oct. 26, 2001, President George W. Bush signed the USA PATRIOT Act, giving authorities unprecedented ability to search, seize, detain or eavesdrop in their pursuit of possible terrorists.

If you’re interested in more details, read this excerpt from Professor Michael Roffer’s new book, The Law Book: From Hammurabi to the International Criminal Court, 250 Milestones in the History of Law

On September 11, 2001, four passenger planes hijacked by al-Qaeda terrorists crashed into the World Trade Center towers, the Pentagon, and a field near Shanksville, Pennsylvania, killing a total of 2,977 victims. In the wake of that horrific tragedy, Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act. For years it has polarized a nation struggling with concerns for security on the one hand and threats to privacy on the other.

Once described as “perhaps the longest, broadest, most sweeping piece of legislation in American history,” the USA PATRIOT Act reflected unified congressional

effort to combat terrorism by enhancing law enforcement agencies’ surveillance and investigative powers. Congress passed it with overwhelming support: 357–66 in the House and 98–1 in the Senate, but critics have challenged the unorthodox nature of its passage. It had little federal agency review, no public hearings, no committee markup, no Conference Committee Report, little floor debate, and almost no time for review of the final bill before Congress voted, imparting a legacy of controversy to the legislation.

Two of the Act’s core and most controversial provisions gave law enforcement agencies additional powers to monitor and intercept electronic communications that might relate to terrorist activities. This provision enhanced powers long available under the Foreign Intelligence Surveillance Act and the Electronic Communications Privacy Act. The new act permits electronic surveillance where a “significant purpose”—as opposed to the sole or primary purpose—is to gather foreign intelligence. Second, it permits “roving”surveillance of individuals, not limited to a single telephone or computer.

So as not to grant law enforcement officials a perpetual license to spy on whomever they wanted, the Act also included a four-year sunset stipulation. In 2005, Congress enacted the USA PATRIOT Improvement and Reauthorization Act, which made permanent most of the expiring provisions of the original act and adopted a new sunset date for the two most controversial sections. At time of press, the current expiration date for those sections was June 1, 2015. The debate over the Act is sure to persist as the nation continues to negotiate a balance between civil liberties and national security.

What Does Halloween Have in Common with Your Legal Practice RSW Classes?

You can get LP credit towards fulfilling your RSW requirements by taking this specially added class this Saturday, October 24.  You’ll learn new legal research skills as you work your way through each of the questions in the Halloween Info Hunt.  At the end of class, just drop your completed entry form in the raffle drum at the reference desk and you’re entered to win great pretty good prizes at the drawing on Tuesday October 27 at 5:50 outside the Library.   You need not be present to win but why not show up and share in some Halloween sweets.  More details about the Info Hunt are available on the Library’s Home page.  You do NOT need to register to attend Saturday’s class and you are encouraged to enter the Info Hunt even if you don’t attend Saturday’s class.

The class will be in room L203 in the Library from 2:00-2:40 p.m., this Saturday October 24.

No costumes required.

The Haunted Halloween Info Hunt is Back!

Happy Halloween from the Mendik Library!

As an early Halloween treat, here’s your opportunity to WIN one of more than a dozen great study aids, texts, Lexis points, and NYLS Swag!  Just answer any 3 of the 6 Haunted Halloween Info Hunt questions.  Answer all 6 and we’ll double your chances to win by adding a second entry for you. Your answer doesn’t need to be perfect—just close!

Click here to access the questions.  Each slide includes just one question, along with step-by-step instructions to get you to the answer.

Print this PDF answer sheet (or pick up a copy at the Reference Desk) and drop it in our Reference Desk Raffle Drum by 5 PM on Tuesday, October 27.  Drawing will be held on Tuesday, October 27 at 5:50 p.m. right outside the library.

First Monday in October

The first Monday in October marks the opening day of the new Supreme Court term, and this year is no different! The term begins on October 5, and ten cases have been set for oral argument over the first two weeks. The Court will hear arguments about defendants’ Eighth Amendment rights in four death penalty cases, a challenge to the Texas legislature’s redistricting plan based on the “one-person, one-vote” guarantee of Reynolds v. Simms (1964), and an Equal Protection challenge to the use of race in undergraduate admissions decisions. It will also hear a case involving whether public employees should be required to pay local union fees even if they opted out of joining the union.

Other major cases coming up this term include OBB Personenverkehr AG v. Sachs, in which the court will determine when an entity is an “agent” of a “foreign state” under the Foreign Sovereign Immunities Act, and Ocasio v. U.S., in which the court will determine whether a conspiracy to commit extortion requires that the conspirators agree to obtain property from someone outside the conspiracy.

Besides the SCOTUS Blog, other places to go for Supreme Court information include the Supreme Court’s website, where you can listen to oral arguments, the ABA’s Preview of United States Supreme Court Cases, where you can find the parties’ briefs, and Supreme Podcast. This is shaping up to be another fascinating and controversial term. What will The Nine do? Listen to the arguments, read the briefs, and see if you can anticipate their decisions!

There’s a Form for That!

Need to draft a contract, motion, pleading, or some other legal document and don’t know where to start?  Don’t re-invent the wheel because . . . there’s a form for that!

Practicing lawyers often use forms when drafting standard legal documents.  Legal forms can be found on the Internet, on subscription databases and in print.  Because there are so many places you can look, we suggest you start with the Mendik Library’s Legal Forms guide; it will direct you to sources that provide forms for a variety of practice areas.

When using a form, remember that it is important to review all relevant laws and rules.  Forms are not etched in stone and should be tailored (and updated) to conform to your particular case!

 

Celebrate the International Day of Peace

The International Day of Peace, established in 1981 by United Nations General Assembly resolution 36/67, is observed each year on September 21st.  The theme of this year’s commemoration is “Partnerships for Peace – Dignity for All” and the United Nations invites “all nations and people to honour a cessation of hostilities during the Day, and to otherwise commemorate the Day through education and public awareness on issues related to peace.”  UN Secretary-General Ban Ki-moon also issued a statement calling “on all warring parties to lay down their weapons and observe a global ceasefire.”
 
For more information on the International Day of Peace visit the UN website.

Win . . . and Learn!

Have you submitted your Legally Clueless Info Hunt entry? The drawing will be on Tuesday September 1 at 5:50 pm, just outside the Library. As always, we plan to award lots of prizes, including OneCards (with pre-loaded cash values), all kinds of study aids, law school swag, and who knows what else!

The yellow entry form is in the packet you received and worked on during your First Week library tour. If you need another copy, you can pick one up at the Reference Desk. Spend a few minutes learning more about research and the library’s resources. You don’t even need to get the right answers, and you should always feel free to ask one of the reference librarians for help.

Good luck to all!

Happy Birthday ADA!

Twenty-five years ago, on July 26, 1990, President George H.W. Bush signed the Americans with Disabilities Act of 1990, 101 Pub. L. No. 336, 104 Stat. 327.  The ADA is one of America’s most comprehensive pieces of civil rights legislation and its impact on American society has been undeniable.  It prohibits discrimination against people with disabilities and guarantees them the same opportunities as everyone else to participate in the mainstream of American life—to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services. The ADA is an “equal opportunity” law for people with disabilities.

Want to know more?  Visit ADA.gov, the official government website from the United State Department of Justice, Civil Rights Division.  And of course, the Library has a very comprehensive collection of materials for your review.  Getting started is as easy as doing a title search in the Library catalog: Americans with Disabilities Act.

Study Aids

Did you know the Library has a selection of study aids that some students find helpful in preparing for final exams?  These materials are designed to supplement – not replace – your own outlines and class notes and readings.  To find general information on major study aids along with specific information on study aids for various subjects, check out the Library’s “Study Guides” Research Guide,  which can be found by selecting the Research Guides link on the left side of the Library homepage.

Also, shelved separately in the Reserve area, we have a collection of titles from Gilberts, Black Letter, Emanuel and more!

Remember, a supplement, not a substitute.