Recap of American Indian and Alaska Native Heritage Month Resources

November is American Indian and Alaska Native Heritage Month and all of this month we have been highlighting resources to learn more about the historical and current issues American Indian and Alaskan Native people are facing. Below we recap those resources.

American Indian and Alaska Native Heritage Month Word Cloud of Tribes

In 1990, President George H.W. Bush signed a joint congressional resolution designating November 1990 as “National American Indian Heritage Month.” Similar proclamations have been issued every year since 1994. Celebrate with us as we explore the contributions and history of the Native people in the United States of America. A Proclamation on National Native American Heritage Month, 2021

Selected Study Aids

Federal Indian Law (Hornbook)

Available via the West Academic study aid subscription, Fletcher’s Hornbook on Federal Indian Law is a deep survey of the history and substantive law governing the relations between the three American sovereigns, federal, state, and tribal. Interwoven are issues of federalism, administrative law, constitutional rights, and international relations. This hornbook includes original research and novel analysis of foundational Supreme Court decisions and critical federal statutory schemes – the stories beyond the stories. In addition to delving into the origins and histories of cases and statutes, the hornbook analyzes modern Indian rights settlements, the international and comparative frontiers of Indian law, and the future of the field.

Principles of Federal Indian Law (Concise Hornbook)

Available via the West Academic study aid subscription, Fletcher’s Principles of Federal Indian Law covers the basics of federal Indian law, the relationships between tribal, state, and federal sovereigns, also touching on federalism, agency law, civil rights, and criminal jurisdiction aspects of Indian law. This concise hornbook offers comprehensive coverage of the blackletter law, with statutory, regulatory, and historical context. The origins behind important doctrines of Indian law and critical statutes are explored in detail.

Mastering American Indian Law

Available via the Lexis OverDrive study aid subscription, Mastering American Indian Law provides readers with an overview of the field. By framing the important eras of U.S. Indian policy in the Introductory Chapter, the text flows through historical up to contemporary developments in American Indian Law. In ten Chapters, the book has full discussions of a wide range of topics, such as: Chapter 2 – American Indian Property Law; Chapter 3 – Criminal Jurisdiction in Indian Country; Chapter 4 – Tribal Government, Civil Jurisdiction and Regulation; Chapter 8 – Tribal-State Relations; and Chapter 9 – Sacred Sites and Cultural Property Protection. Throughout the text, explanations of the relevant interaction between tribal governments, the federal government and state governments are included in the various subject areas. In Chapter 10 – International Indigenous Issues and Tribal Nations, the significant evolution of collective rights in international documents is focused upon as these documents may be relevant for tribal governments in relations with the United States.

Selected E-Books

Margaret D. Jacobs, After One Hundred Winters: In Search of Reconciliation on America’s Stolen Lands (2021) (e-Book)

After One Hundred Winters confronts the harsh truth that the United States was founded on the violent dispossession of Indigenous people and asks what reconciliation might mean in light of this haunted history. In this timely and urgent book, settler historian Margaret Jacobs tells the stories of the individuals and communities who are working together to heal historical wounds—and reveals how much we have to gain by learning from our history instead of denying it.

American Indian Law Deskbook

Available on Westlaw, American Indian Law Deskbook is a concise, direct, and easy-to-understand handbook on Indian law.

Kouslaa T. Kessler-Mata, American Indians and the Trouble with Sovereignty : Structuring Self-determination through Federalism (e-Book)

With tribes and individual Indians increasingly participating in American electoral politics, this study examines the ways in which tribes work together with state and local governments to overcome significant governance challenges. Much scholarship on tribal governance continues to rely on a concept of tribal sovereignty that does not allow for or help structure this type of governance activity. The resulting tension which emerges in both theory and practice from American Indian intergovernmental affairs is illuminated here and the limits of existing theory are confronted. Kessler-Mata presents an argument for tribal sovereignty to be normatively understood and pragmatically pursued through efforts aimed at interdependence, not autonomy. By turning toward theories of federalism and freedom in the republican tradition, the author provides an alternative framework for thinking about the goals and aspirations of tribal self-determination.

Reading American Indian Law Foundational Principles (Grant Christensen & Melissa L. Tatum eds., 2020) (e-Book)

The study of American Indian law and policy usually focuses on federal statutes and court decisions, with these sources forming the basis for most textbooks. Virtually ignored is the robust and growing body of scholarly literature analyzing and contextualizing these primary sources. Reading American Indian Law is designed to fill that void. Organized into four parts, this book presents 16 of the most impactful law review articles written during the last three decades. Collectively, these articles explore the core concepts underlying the field: the range of voices including those of tribal governments and tribal courts, the role property has played in federal Indian law, and the misunderstandings between both people and sovereigns that have shaped changes in the law.

Cohen’s Handbook of Federal Indian Law

Available on Lexis, Cohen’s Federal Indian Law is an encyclopedic treatise on federal Indian law and provides general overviews to relevant information, as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the “bible” of federal Indian law. This publication focuses on the relationship among tribes, the states, and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. Federal Indian Law also includes coverage of: Current topics such as Indian gaming and taxation; History and structure of tribal governments and tribal law; Tribal and individual Indian property rights, including intellectual property rights; Water rights; Hunting, fishing, and gathering rights; Economic development issues; and Government programs. This publication provides the tools to understand the law and to find relevant cases, statutes, regulations, and opinions critical to answering legal questions about federal Indian law.

William Norman Thompson, Native American Issues : A Reference Handbook (1996) (e-Book)

Native American Issues: A Reference Handbook explores the history, problems, and contemporary issues faced by peoples of Native American heritage. From the Indian Removal Act of 1830 to the “Twenty Points” platform advanced by the American Indian Movement in the 1970s to the massive budget cuts of the 1980s, readers will discover how the well-being of Native Americans has been affected by federal and state policies.

Selected Databases

American Indian Histories and Cultures

Explore manuscripts, artwork and rare printed books dating from the earliest contact with European settlers right up to photographs and newspapers from the mid-twentieth century. Browse through a wide range of rare and original documents from treaties, speeches and diaries, to historic maps and travel journals.

Bibliography of Native North Americans

Bibliography of Native North Americans (BNNA) is a bibliographic database covering all aspects of native North American culture¸ history¸ and life. This resource covers a wide range of topics including archaeology¸ multicultural relations¸ gaming¸ governance¸ legend¸ and literacy. BNNA contains more than 80¸000 citations for books¸ essays¸ journal articles¸ and government documents of the United States and Canada. Dates of coverage for included content range from the sixteenth century to the present.

Ethnic News Watch

Ethnic NewsWatch (ENW) is a current resource of full-text newspapers, magazines, and journals of the ethnic and minority press, providing researchers access to essential, often overlooked perspectives. The complete collection also includes the module Ethnic NewsWatch: A History™, which provides historical coverage of Native American, African American, and Hispanic American periodicals from 1959-1989. Together, these resources present an unmatched, comprehensive, full-text collection of more than 2.5 million articles from over 340 publications. Perhaps the most valuable aspect of the resources is the inclusion of unique community publications not found in any other database, as well as top scholarly journals on ethnicities and ethnic studies.

Indigenous Governance Database

The free Indigenous Governance Database (IGD) features online educational and informational resources on tribal self-governance and tribal policy reform that: Foster Native nation building; Promote tribal sovereignty; Disseminate Indigenous data; Encourage tribal leadership development; Support the development of capable governing institutions; Highlight sustainable economic and community development in Indian Country.

Selected Films Videos, Webinars & Presentations

ABA, Celebrating Native American Heritage Month (PDF)

A presentation featuring leaders in activism and the legal profession who are of Native American Heritage.

ABA Section of Civil Rights and Social Justice, Status, Realities, Legal Framework and Future of Indigenous Peoples in the US and Canada

Panelists discuss the current status and resiliency of indigenous peoples in the United States and Canada. The panelists address the critical question of how past discriminatory – and even brutal governmental policies – led us to the current status of indigenous peoples today. More importantly, the panelists discuss what steps, laws, and policies can be taken to improve the lives of indigenous peoples in the United States. and Canada. The panelists compare and contrast the history, status, and future of the First Nations People in Canada vs. American Indians and Alaska Natives in the United States. After the panel discussion, the audience will gain a high-level overview of the issues around indigenous populations, which we hope will lead to a desire to learn more.

American Archive of Public Media: Vision Maker Media Documentaries

The Vision Maker Media Documentaries Collection includes 40 documentary films featuring Native voices from Native producers, created between 1982 and 2012. These films, created by independent Native producers and broadcast on PBS, inspire people to look at the world through Indigenous eyes and encourage youth to embrace their rich culture as part of their identity. The films document the people, society and culture of Native tribes including, but not limited to, the Navajo (Dine), Lakota, Choctaw and various other tribes. Topics include art, music, language and many others. In 2016, Vision Maker Media celebrated its 40th anniversary by collaborating with the American Archive of Public Broadcasting to preserve these films as part of their 40 Years, 40 Films, 40 Weeks campaign. With funding from the Corporation for Public Broadcasting, these 40 films were digitized and preserved in the AAPB. Most of the films are available in the Online Reading Room.

Alexander Street’s Vision Maker Media Films

UC students, faculty & staff only. Vision Maker Media’s mission is empowering and engaging Native people to share stories. Access selected Vision Maker Media films through the Alexander Street platform.

Films on Demand: Native American Studies

UC students, faculty & staff only. Films On Demand is a streaming video service containing educational programs. Many programs from the History Channel, Biography Channel, BBC, PBS and other news channels are included in this collection.

PBS Specials: Native American Heritage Month

Through dance, family traditions, art, and music, these stories show both the contemporary diversity and long history of Indigenous people across the land we now call the United States. Celebrate the history, culture, and traditions of American Indians and Alaska Natives in a special collection of films and programs.

Tribal Law and Policy Institute, Celebrating our Journey (Nov. 2, 2021)

Celebrating our Journey focuses on the first part of the Tribal Law and Policy Institute’s 25th Anniversary theme of Celebrating our Journey; Honoring our Relatives; and Building a Vision for the Future. This webinar celebrates the journeys involved in the 2013 reauthorization of the Violence Against Women Act (VAWA) which was a significant victory for Native women and the tribal nations that seek to protect them; the implementation of VAWA 2013’s landmark Special Domestic Violence Criminal Jurisdiction (SDVCJ) provision (see NCAI’s 2018 Five-Year Report); and current VAWA reauthorization efforts to strengthen this initial limited restoration of tribal criminal jurisdiction over non-Indians. American Indian and Alaska Native women face rates of abuse, murder, and sexual assault higher than any other population in the United States. Statistics gathered by the U.S. Department of Justice and tribal governments demonstrate that non-Indians commit a majority of these violent crimes. Thus, the restoration of tribal criminal jurisdiction over non- Indians is a critical sovereign right that tribal governments can exercise to ensure safety for Native women.

The World: Returning Home Through Togetherness: Native American Heritage Month Film Collection

World Channel is devoted to telling stories that humanize complex issues, sharing the best of public media in news, documentaries, and fact-based informational programming that helps promote understanding conflicts, movements and cultures that may be distinct from your own. This November, World Channel, with Vision Maker Media presents films rich with voices from the Indigenous community.

Selected Legal Collections

Indigenous Digital Archive Treaties Explorer

While treaties between Indigenous peoples and the United States affect virtually every area in the USA, there is as yet no official list of all the treaties. The US National Archives holds 374 of the treaties, where they are known as the Ratified Indian Treaties. Here you can view them for the first time with key historic works that provide context to the agreements made and the histories of our shared lands.

Law Library of Congress, Indigenous Law Web Archive

The Law Library of Congress collects and preserves primary law sources of Indigenous nations, which are sovereign governments by treaty with the United States. At the time this collection started, there are 578 tribes and 92 agencies. This archive includes constitutions of a number of sovereign nations, including Navajo Nation, Muscogee Nation, Cherokee Nation, Comanche Nation, Hopi Tribe, etc. and ordinances, Supreme Court papers, court rules and forms for criminal, civil and family courts, and wellness courts. Tribal executive orders, emergency orders, ordinances and legislation are included in this collection as well. Tribes, nations, bands, communities and rancherias do communicate with their citizens by social media and at times when that was the sole source of legal documentation, we have targeted social media sites for capture where possible.

Law Library of Congress, Native American Constitutions and Legal Materials

The Law Library of Congress holds most of the laws and constitutions from the early 19th century produced by the Cherokee, Choctaw, Chickasaw, Creek, and Seminole who were forced to leave the Southeast for the Indian Territory after passage of the Indian Removal Act in 1830. Some of these documents are in the vernacular languages of the tribes. This collection includes 19th century items and those constitutions and charters drafted after the 1934 Indian Reorganization Act. The digital portion of this collection is a work in progress but many of the works have been digitized.

This Week in the Law Library …

This week in the law library we continue our exam preparations and celebrate the final days of American Indian and Alaska Native Heritage Month.

This Week’s Library Sessions

Tuesday, November 30, 2021

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
11:10am – 12:05pm
Room 208

Thursday, December 1 , 2021

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
11:10am – 12:05pm
Room 208

Schwartz Lecture

Accidental Origins and Haphazard Construction of Tort

Tuesday, Nov. 30, 2021
12:25pm – 1:15pm
Professor Nora Freeman Engstrom, Ernest W. McFarland Professor of Law, Co-Director, Stanford Center on the Legal Profession, Stanford Law School
Professor Engstrom will argue that there is no God or Master Imminence who designed tort law, and, contrary to the view of many tort theorists, there is no meta-theory that explains it. Instead, similar to John Fabian Witt’s “contingency” account of tort law, she will argue that tort law’s invention and evolution was, fittingly, accidental. With that established, she’ll pivot to ponder the question: If not some meta theory, what does explain tort law, as it currently exists?

Final Exams Are Coming And We Can Help!

The Law Library has many resources to help you prepare for final exams. Be sure and see our Exam Study Guide for more information!

Fall 2021 Law Library Final Exam Preparation Workshop Video (video is accessible to UC Law students only through the Law School Sample / Practice Exams TWEN link so UC Law students unable to access the TWEN site should notify Susan Boland)

Did you miss the live session? Check out the video. Join Electronic Resources Instructional Services Librarian Ron Jones and Associate Director Susan Boland as we check out CALI, Lexis Overdrive, West Academic, & Wolters Kluwer study aids. We’ll look at which study aids are for general exam preparation, which study aids are for help in understanding material, which study aids are for help in case briefing, which study aids are for help in outlining, and which study aids are for help in essay vs multiple choice exam preparation. We will also cover study methods and learning theory.

Past Blog Postings on General Final Exam Preparation:

Study Tips & Law Library Resources for Outlining

Study Aids to Help You with Different Exam Formats & Study Aids for Exam Review

American Indian and Alaska Native Heritage Month

This month is American Indian and Alaska Native Heritage Month! In 1990, President George H.W. Bush signed a joint congressional resolution designating November 1990 as “National American Indian Heritage Month.” Similar proclamations have been issued every year since 1994. Celebrate with us as we explore the contributions and history of the Native people in the United States of America.

5 More Selected Resources to Learn More About American Indian and Alaska Native Heritage

Margaret D. Jacobs, After One Hundred Winters: In Search of Reconciliation on America’s Stolen Lands (2021) (e-Book)

After One Hundred Winters confronts the harsh truth that the United States was founded on the violent dispossession of Indigenous people and asks what reconciliation might mean in light of this haunted history. In this timely and urgent book, settler historian Margaret Jacobs tells the stories of the individuals and communities who are working together to heal historical wounds—and reveals how much we have to gain by learning from our history instead of denying it.

American Indian Law Deskbook

Available on Westlaw, American Indian Law Deskbook is a concise, direct, and easy-to-understand handbook on Indian law.

Kouslaa T. Kessler-Mata, American Indians and the Trouble with Sovereignty : Structuring Self-determination through Federalism (e-Book)

With tribes and individual Indians increasingly participating in American electoral politics, this study examines the ways in which tribes work together with state and local governments to overcome significant governance challenges. Much scholarship on tribal governance continues to rely on a concept of tribal sovereignty that does not allow for or help structure this type of governance activity. The resulting tension which emerges in both theory and practice from American Indian intergovernmental affairs is illuminated here and the limits of existing theory are confronted. Kessler-Mata presents an argument for tribal sovereignty to be normatively understood and pragmatically pursued through efforts aimed at interdependence, not autonomy. By turning toward theories of federalism and freedom in the republican tradition, the author provides an alternative framework for thinking about the goals and aspirations of tribal self-determination.

Reading American Indian Law Foundational Principles (Grant Christensen & Melissa L. Tatum eds., 2020) (e-Book)

The study of American Indian law and policy usually focuses on federal statutes and court decisions, with these sources forming the basis for most textbooks. Virtually ignored is the robust and growing body of scholarly literature analyzing and contextualizing these primary sources. Reading American Indian Law is designed to fill that void. Organized into four parts, this book presents 16 of the most impactful law review articles written during the last three decades. Collectively, these articles explore the core concepts underlying the field: the range of voices including those of tribal governments and tribal courts, the role property has played in federal Indian law, and the misunderstandings between both people and sovereigns that have shaped changes in the law.

William Norman Thompson, Native American Issues : A Reference Handbook (1996) (e-Book)

Native American Issues: A Reference Handbook explores the history, problems, and contemporary issues faced by peoples of Native American heritage. From the Indian Removal Act of 1830 to the “Twenty Points” platform advanced by the American Indian Movement in the 1970s to the massive budget cuts of the 1980s, readers will discover how the well-being of Native Americans has been affected by federal and state policies.

November Arguments at the United States Supreme Court

US Supreme Court - corrected

From SCOTUS Blog:

Monday, November 29, 2021

Becerra v. Empire Health Foundation — whether, for purposes of calculating additional payment for hospitals that serve a “significantly disproportionate number of low-income patients,” the secretary of health and human services has permissibly included in a hospital’s Medicare fraction all of the hospital’s patient days of individuals who satisfy the requirements to be entitled to Medicare Part A benefits, regardless of whether Medicare paid the hospital for those particular days.

Tuesday, November 30, 2021

American Hospital Association v. Becerra — (1) whether deference under Chevron U.S.A. v. Natural Resources Defense Council permits the Department of Health and Human Services to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collected adequate hospital acquisition cost survey data; and (2) whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U.S.C. § 1395l(t)(12).

Cummings v. Premier Rehab Keller, P.L.L.C. — whether the compensatory damages available under Title VI of the Civil Rights Act of 1964 and the statutes that incorporate its remedies for victims of discrimination, such as the Rehabilitation Act and the Affordable Care Act, include compensation for emotional distress.

Wednesday, December 1, 2021

Dobbs v. Jackson Women’s Health Organization — whether all pre-viability prohibitions on elective abortions are unconstitutional.

This Week in the Law Library …

This week in the Law Library we are thankful for our wonderful students, faculty, and staff as well as our library colleagues! Don’t forget to join our Exam Preparation Workshop on Tuesday and scroll down to explore more resources about American Indian and Alaska Native heritage.

Thanksgiving Hours

happy-thanksgiving

Law Library circulation, reference, and instructional services will be closed Thursday, Nov. 25 – Friday, Nov. 26. Law students, faculty, and staff will still have their usual 24/7 access to the Law Library. Unable to stop in the Law Library during this time? E-books, online databases, and study aids are available no matter where you are 24/7!

This Week’s Library Sessions

Tuesday, November 23, 2021

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
11:10am – 12:05pm
Room 208

Law Library Resources for Exam Preparation Workshop

Susan Boland, Associate Director & Ron Jones, Electronic Resources Instructional Services Librarian, College of Law Library
12:15pm – 1:00pm
Zoom

Final Exams Are Coming And We Can Help!

The Law Library has many resources to help you prepare for final exams. Be sure and see our Exam Study Guide for more information!

Past Blog Postings on General Final Exam Preparation:

Study Tips & Law Library Resources for Outlining

Study Aids to Help You with Different Exam Formats & Study Aids for Exam Review

Selected Articles on How to Take Exams

Note that the articles below are on HeinOnline so you must authenticate using your UC credentials in order to access them.
Jack A. Hiller, How Not to Write Answer to Law Examinations, 12 Stetson L. Rev. 691 (1982) (PDF)
Amy L. Jarmon, If Exams Could Talk: Insights from Last Semester, Student Lawyer, Jan. 2009, at 11. (PDF)
Rosemary LaPuma, Don’t Stress Over Exams, Student Lawyer, Nov. 2005, at 20. (PDF)
Jerry J. Phillips, Thirteen Rules for Taking Law Exams, 72 Tenn. L. Rev. 797 (2005). (PDF)
John H. Scheid, De MInimis Curat Lex: Secrets to Success for 1st year Law Students, 37 Cap.U.L. Rev 631 (2008). (PDF)
Dennis Tonsin, A Plan for Your Exams, Student Lawyer, March 2005, at 32. (PDF)
Patrick Wiseman, “When You Come to a Fork in the Road, Take It,” and Other Sage Advice for First-Time Law School Exam Takers, 22 Ga. St. U. L. Rev. 653 (2006). (PDF)

American Indian and Alaska Native Heritage Month

This month is American Indian and Alaska Native Heritage Month! In 1990, President George H.W. Bush signed a joint congressional resolution designating November 1990 as “National American Indian Heritage Month.” Similar proclamations have been issued every year since 1994. Celebrate with us as we explore the contributions and history of the Native people in the United States of America.

5 More Selected Resources to Learn More About American Indian and Alaska Native Heritage

American Indian Histories and Cultures

Explore manuscripts, artwork and rare printed books dating from the earliest contact with European settlers right up to photographs and newspapers from the mid-twentieth century. Browse through a wide range of rare and original documents from treaties, speeches and diaries, to historic maps and travel journals.

Bibliography of Native North Americans

Bibliography of Native North Americans (BNNA) is a bibliographic database covering all aspects of native North American culture¸ history¸ and life. This resource covers a wide range of topics including archaeology¸ multicultural relations¸ gaming¸ governance¸ legend¸ and literacy. BNNA contains more than 80¸000 citations for books¸ essays¸ journal articles¸ and government documents of the United States and Canada. Dates of coverage for included content range from the sixteenth century to the present.

Ethnic News Watch

Ethnic NewsWatch (ENW) is a current resource of full-text newspapers, magazines, and journals of the ethnic and minority press, providing researchers access to essential, often overlooked perspectives. The complete collection also includes the module Ethnic NewsWatch: A History™, which provides historical coverage of Native American, African American, and Hispanic American periodicals from 1959-1989. Together, these resources present an unmatched, comprehensive, full-text collection of more than 2.5 million articles from over 340 publications. Perhaps the most valuable aspect of the resources is the inclusion of unique community publications not found in any other database, as well as top scholarly journals on ethnicities and ethnic studies.

Indigenous Governance Database

The free Indigenous Governance Database (IGD) features online educational and informational resources on tribal self-governance and tribal policy reform that: Foster Native nation building; Promote tribal sovereignty; Disseminate Indigenous data; Encourage tribal leadership development; Support the development of capable governing institutions; Highlight sustainable economic and community development in Indian Country.

Law Library of Congress, Native American Constitutions and Legal Materials

The Law Library of Congress holds most of the laws and constitutions from the early 19th century produced by the Cherokee, Choctaw, Chickasaw, Creek, and Seminole who were forced to leave the Southeast for the Indian Territory after passage of the Indian Removal Act in 1830. Some of these documents are in the vernacular languages of the tribes. This collection includes 19th century items and those constitutions and charters drafted after the 1934 Indian Reorganization Act. The digital portion of this collection is a work in progress but many of the works have been digitized.

 

This Week in the Law Library …

This week in the Law Library we’re teaching statutory research and technology in law practice. We’re also studying for final exams and continuing to celebrate American Indian and Alaska Native Heritage Month.

This Week’s Research Sessions

Tuesday, November 16, 2021

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
11:10am – 12:05pm
Room 208

Lawyering I, sec. 4

Ron Jones, Electronic Resources Instructional Services Librarian
Room 100A
2:00pm – 3:25pm
Researching Statutes

Lawyering I, sec. 6

Michael Whiteman, Associate Dean of Library Services
Room 100A
4:00pm – 5:25pm
Researching Statutes

Thursday, November 18, 2021

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
11:10am – 12:05pm
Room 208

COVID-19 Campus Safety Measures

Don’t forget to submit your proof of vaccination by November 15! You can submit proof of vaccination via the UC COVID Check app (available for free in your app store) or email your proof to UCCOVIDCheck@ucmail.uc.edu.

Featured Study Aids

Federal Indian Law (Hornbook)

Available via the West Academic study aid subscription, Fletcher’s Hornbook on Federal Indian Law is a deep survey of the history and substantive law governing the relations between the three American sovereigns, federal, state, and tribal. Interwoven are issues of federalism, administrative law, constitutional rights, and international relations. This hornbook includes original research and novel analysis of foundational Supreme Court decisions and critical federal statutory schemes – the stories beyond the stories. In addition to delving into the origins and histories of cases and statutes, the hornbook analyzes modern Indian rights settlements, the international and comparative frontiers of Indian law, and the future of the field.

Principles of Federal Indian Law (Concise Hornbook)

Available via the West Academic study aid subscription, Fletcher’s Principles of Federal Indian Law covers the basics of federal Indian law, the relationships between tribal, state, and federal sovereigns, also touching on federalism, agency law, civil rights, and criminal jurisdiction aspects of Indian law. This concise hornbook offers comprehensive coverage of the blackletter law, with statutory, regulatory, and historical context. The origins behind important doctrines of Indian law and critical statutes are explored in detail.

Mastering American Indian Law

Available via the Lexis OverDrive study aid subscription, Mastering American Indian Law provides readers with an overview of the field. By framing the important eras of U.S. Indian policy in the Introductory Chapter, the text flows through historical up to contemporary developments in American Indian Law. In ten Chapters, the book has full discussions of a wide range of topics, such as: Chapter 2 – American Indian Property Law; Chapter 3 – Criminal Jurisdiction in Indian Country; Chapter 4 – Tribal Government, Civil Jurisdiction and Regulation; Chapter 8 – Tribal-State Relations; and Chapter 9 – Sacred Sites and Cultural Property Protection. Throughout the text, explanations of the relevant interaction between tribal governments, the federal government and state governments are included in the various subject areas. In Chapter 10 – International Indigenous Issues and Tribal Nations, the significant evolution of collective rights in international documents is focused upon as these documents may be relevant for tribal governments in relations with the United States.

Featured Guide

Native American Law Research Guide

The focus of this guide is to provide a broad overview of resources available to researchers of Federal Indian, tribal, and indigenous peoples law issues. Tribal law is notably distinct from federal Indian law. Federal Indian law concerns the relationship between federal, state, and tribal governments, while tribal law is the law tribes develop and apply to their members and territories.

Featured Video

Celebrating Our Journey: Tribal Law & Policy Institute 25th Anniversary Speaker Series

Lawyer and Playwright Mary Kathryn Nagle and a special panel joins us on this webinar to discuss her important play, Sliver of a Full Moon, which documents this victory (including the stories of the women who made this journey possible) along with ongoing implementation and expansion efforts. Sliver of a Full Moon documents the legal and jurisdictional issues raised in the wake of Oliphant v. Suquamish Indian Tribe, a 1978 Supreme Court decision that stripped Indian nations of the ability to exercise their inherent criminal jurisdiction over non-Indians who come onto tribal lands and commit crimes. Oliphant left Native women and children at a higher risk of domestic violence than any other group in the United States. The play then follows the bipartisan legislative battle to reauthorize VAWA in 2013 with a tribal jurisdiction provision that restored a portion of tribes’ jurisdiction to protect Native women and children from non- Indian perpetrated violence. Sliver of a Full Moon is about the power of sharing stories. In the words of survivor Lisa Brunner, “The partial restoration of tribal jurisdiction in VAWA 2013 is just a sliver of the full moon we need to ensure all of our women are safe. Until all of our tribes’ jurisdiction is fully restored, no one is safe.”

Featured Website

Tribal Law Gateway

The National Indian Law Library (NILL) is a law library devoted to American Indian law. It serves both the Native American Rights Fund (NARF) and the public. NILL serves the public by developing and making accessible a unique and valuable collection of Indian law resources and by providing direct research assistance and delivery of information. One of their primary services to the public is to provide access to tribal law via the Tribal Law Gateway.

Featured Treatise

Cohen’s Handbook of Federal Indian Law

Available on Lexis, Cohen’s Federal Indian Law is an encyclopedic treatise on federal Indian law and provides general overviews to relevant information, as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the “bible” of federal Indian law. This publication focuses on the relationship among tribes, the states, and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. Federal Indian Law also includes coverage of: Current topics such as Indian gaming and taxation; History and structure of tribal governments and tribal law; Tribal and individual Indian property rights, including intellectual property rights; Water rights; Hunting, fishing, and gathering rights; Economic development issues; and Government programs. This publication provides the tools to understand the law and to find relevant cases, statutes, regulations, and opinions critical to answering legal questions about federal Indian law.

Final Exams Are Coming And We Can Help!

The Law Library has many resources to help you prepare for final exams. Be sure and see our Exam Study Guide for more information!

Past Blog Postings on General Final Exam Preparation:

Study Tips & Law Library Resources for Outlining

Study Aids to Help You with Different Exam Formats & Study Aids for Exam Review

Selected CALI Lessons with Study Tips

Help! I am Zoning Out!

This lesson is designed to provide students with data about why their attention levels may dip during class or studying, including recent research regarding the effects of digital distractions on concentration. The lesson invites students to reflect upon the reasons they may lose focus and/or concentration while in class or while studying, and provides a robust set of strategies students can use to anticipate and control for that loss of focus, incorporating several free-writes.

Study Groups: Best Practices

This lesson gives best practices on whether and how to form a law school study group.

Outlining Basics

This lesson teaches you why, when and how to create outlines when preparing for your law school exams.

Creating Study Aids

Creating Study Aids is part of the Academic Support series of CALI Lessons. This lesson introduces you to law school study aids. It begins with a brief overview of self-regulated learning and Bloom’s learning taxonomy. Then, the lesson introduces law school study aids by pairing them with learning objectives at each level of the taxonomy. Finally, the lesson concludes with an activity designed to help you reflect on your learning. It can be used as an introduction, supplement, or as review.

Hyped About Hypos

Law students often hear about the importance of “doing hypos” but don’t know why they are important, where to find them, how to do them, and so on. This lesson will cover the what, why, when, where, and how of hypos so law students can conquer the material they are learning and be prepared for exams.

American Indian and Alaska Native Heritage Month

This month is American Indian and Alaska Native Heritage Month! In 1990, President George H.W. Bush signed a joint congressional resolution designating November 1990 as “National American Indian Heritage Month.” Similar proclamations have been issued every year since 1994. Celebrate with us as we explore the contributions and history of the Native people in the United States of America.

5 More Selected Resources to Learn More About American Indian and Alaska Native Heritage

ABA, Celebrating Native American Heritage Month (PDF)

A presentation featuring leaders in activism and the legal profession who are of Native American Heritage.

ABA Section of Civil Rights and Social Justice, Status, Realities, Legal Framework and Future of Indigenous Peoples in the US and Canada

Panelists discuss the current status and resiliency of indigenous peoples in the United States and Canada. The panelists address the critical question of how past discriminatory – and even brutal governmental policies – led us to the current status of indigenous peoples today. More importantly, the panelists discuss what steps, laws, and policies can be taken to improve the lives of indigenous peoples in the United States. and Canada. The panelists compare and contrast the history, status, and future of the First Nations People in Canada vs. American Indians and Alaska Natives in the United States. After the panel discussion, the audience will gain a high-level overview of the issues around indigenous populations, which we hope will lead to a desire to learn more.

Indigenous Digital Archive Treaties Explorer

While treaties between Indigenous peoples and the United States affect virtually every area in the USA, there is as yet no official list of all the treaties. The US National Archives holds 374 of the treaties, where they are known as the Ratified Indian Treaties. Here you can view them for the first time with key historic works that provide context to the agreements made and the histories of our shared lands.

Library of Congress, Indigenous Law Web Archive

The Law Library of Congress collects and preserves primary law sources of Indigenous nations, which are sovereign governments by treaty with the United States. At the time this collection started, there are 578 tribes and 92 agencies. This archive includes constitutions of a number of sovereign nations, including Navajo Nation, Muscogee Nation, Cherokee Nation, Comanche Nation, Hopi Tribe, etc. and ordinances, Supreme Court papers, court rules and forms for criminal, civil and family courts, and wellness courts. Tribal executive orders, emergency orders, ordinances and legislation are included in this collection as well. Tribes, nations, bands, communities and rancherias do communicate with their citizens by social media and at times when that was the sole source of legal documentation, we have targeted social media sites for capture where possible.

Tribal Law and Policy Institute, Celebrating our Journey (Nov. 2, 2021)

Celebrating our Journey focuses on the first part of the Tribal Law and Policy Institute’s 25th Anniversary theme of Celebrating our Journey; Honoring our Relatives; and Building a Vision for the Future. This webinar celebrates the journeys involved in the 2013 reauthorization of the Violence Against Women Act (VAWA) which was a significant victory for Native women and the tribal nations that seek to protect them; the implementation of VAWA 2013’s landmark Special Domestic Violence Criminal Jurisdiction (SDVCJ) provision (see NCAI’s 2018 Five-Year Report); and current VAWA reauthorization efforts to strengthen this initial limited restoration of tribal criminal jurisdiction over non-Indians. American Indian and Alaska Native women face rates of abuse, murder, and sexual assault higher than any other population in the United States. Statistics gathered by the U.S. Department of Justice and tribal governments demonstrate that non-Indians commit a majority of these violent crimes. Thus, the restoration of tribal criminal jurisdiction over non- Indians is a critical sovereign right that tribal governments can exercise to ensure safety for Native women.

Celebrating Veterans

Veterans Day

Honoring All Who Served Veterans Day

This Thursday is Veterans Day. Veterans Day originated as “Armistice Day” on Nov. 11, 1919, the first anniversary marking the end of World War I. Congress passed a resolution in 1926 for an annual observance, and November 11th became a national holiday beginning in 1938.

University of Cincinnati Fast Facts Regarding Veterans

The University of Cincinnati was ranked 86th in the nation for Best Colleges for Veterans in 2022 by U.S. News & World Report.

The University of Cincinnati Office of Veterans Programs & Services received the 2016 Impact Award from the Muhammad Ali Foundation for the 9/11 Memorial Stair Run.

UC is home to the University of Cincinnati Chapter of the Student Veterans of America

University of Cincinnati Yellow Ribbon Program

The Yellow Ribbon Program allows UC to partner with the VA to contribute funds to our veterans’ unmet tuition and fee charges when their tuition and fees charges exceed the amount payable under Chapter 33. UC can contribute up to 50 percent of veterans’ unmet costs; the Department of Veterans Affairs will match the amount. For the 2020-2021 academic year, there were a total of five (5) Yellow Ribbon scholarships available for College of Law students. Each student will be awarded up to a maximum of $4,596 for each of the Autumn and Spring terms, for a maximum of $9,192 per student for the academic year.

Selected Campus & Government Resources for Veterans

UC Veterans Programs & Services

The Office of Veterans Programs & Services was founded to ensure that all individuals associated with the military that chose the University of Cincinnati would have a seamless transition from the Armed Forces to college.

The VetSuccess on Campus (VSOC) Program

The VetSuccess on Campus (VSOC) program aims to help Veterans, Servicemembers, and their qualified dependents succeed and thrive through a coordinated delivery of on-campus benefits assistance and counseling, leading to completion of their education and preparing them to enter the labor market in viable careers.

The VSOC program provides a VA Vocational Rehabilitation Counselor (VRC) to each VSOC school. These VRCs are called VetSuccess on Campus (VSOC) Counselors. A VA Vet Center Outreach Coordinator is also provided, and co-located on many campuses, to provide peer-to-peer counseling and referral services.

Ohio County Veterans Services Officers

Each of Ohio’s 88 counties has an office dedicated to providing guidance, resources, financial assistance and access to benefits to residents who are veterans or their dependents. All of the county offices share a mission to support veterans and get them the help they need, but some of the details vary. The website above provides contact information for each county’s office.

Ohio Department of Veterans Services

This Ohio department conducts outreach to veterans and provides training and oversight to the 88 County Veterans Service Offices (CVSOs); coordinates programs and operations with the U.S. Department of Veterans Affairs (VA), which provides benefits to Ohio veterans; works with the Ohio General Assembly and Congressional representatives to craft legislation in support of veterans and their families at the state and federal levels; communicates and coordinates with other state agencies concerning veterans’ programs and support to veterans; administers the Ohio Veterans Bonus for veterans of the Persian Gulf War era and post-9/11 era conflicts; operates the Ohio Veterans Homes in Sandusky and Georgetown which are open to Ohio-resident veterans who served in periods of armed conflicts; manages one federal education-related program: The State Approving Agency; hosts several veterans’ ceremonies each year including the Governor’s Wreath-Laying Ceremony which honors Ohio’s killed in action and the Ohio Veterans Hall of Fame induction ceremony; and maintains custodianship of more than 1.9 million veterans’ records dating back to World War II.

US Department of Veterans Affairs

The VA has multiple missions, including ensuring that veterans and their families have access to health care and benefits that aid in the transition to civilian life, including education, home loans, life insurance and more. The agency serves as a portal to obtaining service records, disability benefits and health and wellness care.

Selected Legal Assistance Programs for Veterans

Ohio Military/Veterans Legal Assistance Project

Operation Legal Help Ohio (OLHO) is a non-profit, statewide pro bono organization set up to connect low-income service members and veterans (and their immediate families) with volunteer lawyers willing to represent them on a pro bono basis in a variety of civil legal issues.

Ohio Legal Help: Veterans & Servicemembers

Ohio Legal Help is a nonprofit organization that was founded in 2018 to help all Ohioans access the civil justice system. It provides plain language legal help information, interactive self-help tools and connections to local legal and community resources that can help people resolve their legal issues.

National Veterans Legal Services Program

The National Veterans Legal Services Program offers training for lawyers and others and free legal representation in discharge upgrade, disability retirement, military sexual trauma, and Court of Appeals for Veterans Claims cases. It also publishes the comprehensive Veterans Benefits Manual and a web application, the NVLSP VA Benefits Identifier, to assist in deter -mining VA benefits to which someone may be entitled.

Stateside Legal

A national clearinghouse site offers a searchable directory of free and low-cost legal service providers for veterans and service members in every State; specialized tool-kits and resources for attorneys and advocates; and user-friendly explanations of the law for military members, veterans, and their families and caregivers.

United States Department of Veteran Affairs Accredited Attorneys

Search Accredited Attorneys, Claims Agents, or Veterans Service Organizations (VSO) Representatives.

VetLex

VetLex is a system that links U.S. Veterans, Veteran service organizations, and qualified pro bono or “low-bono” attorneys nationwide. Providers stand ready, willing and able to offer the legal services needed.

 

For more resources on veterans and law, check out our Veterans Research Guide.

This Week in the Law Library …

This week in the Law Library we’re teaching technology in law practice. We’re also celebrating Veterans Day, studying for final exams, looking at Ohio and Supreme Court oral arguments, and continuing to celebrate American Indian and Alaska Native Heritage Month.

Veterans Day

Honoring All Who Served Veterans Day

This Thursday is Veterans Day. Veterans Day originated as “Armistice Day” on Nov. 11, 1919, the first anniversary marking the end of World War I. Congress passed a resolution in 1926 for an annual observance, and November 11th became a national holiday beginning in 1938. There were an estimated 254,046,196 veterans in 2019. There were 709,287 veterans in Ohio in 2019. In honor of Veterans Day we’re featuring resources for veterans below.

President Biden’s Proclamation on National Veterans and Military Families Month, 2021

This Week’s Research Sessions

Tuesday, November 9, 2021

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
11:10am – 12:05pm
Room 208

Thursday, November 11, 2021

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
11:10am – 12:05pm
Room 208

Featured Study Aids

Military Law in a Nutshell

Available via the West Academic study aid subscription, this Nutshell provides law students and military lawyers a succinct summary of military law and military justice. It has been adapted to serve as a companion to current casebooks in the field, as well as to provide an authoritative resource for those seeking an introduction to the unique aspects of military law and military justice.
The new edition takes account of changes in the Uniform Code of Military Justice (UCMJ), such as, Article 2(a)(10), extending court-martial jurisdiction over civilian contractors, and cases marking its application, e.g., United States v. Ali, 71 M.J. 256 (C.A.A.F. 2012), evolving issues regarding public access to court-martial proceedings, e.g., Center for Constitutional Rights v. United States, ___M.J.___, 2013 WL 1663084 (C.A.A.F. 2013) and the impact of the Military Extraterritorial Jurisdiction Act and its amendments. As in earlier editions, the Nutshell traces the history and development of military law, its sources, the nature of military status, rights of members of the Armed Forces, and provides an exhaustive yet accessible review of the military justice process.

Understanding the Law of Terrorism

Available via the Lexis OverDrive study aid subscription, this study aid provides a compact review of the major areas of law concerned with or affected by terrorism. Understanding the Law of Terrorism examines various subject matters—such as criminal law and procedure, constitutional law, the law of evidence, national security law, and the law of armed conflict — as the underlying legal doctrines and polices are influenced and at times distorted by counter-terrorism efforts in law enforcement, intelligence gathering, and military action.

Featured Guide

Veterans Research Guide

This guide provides information on legal resources that can be used to research veteran’s issues.

Featured Video

Law You Can Use: Veterans’ Treatment Courts

Retired Ohio Supreme Court Justice Evelyn Lundberg Stratton joins the OSBA to discuss Veterans’ Treatment Courts. She explains why they were created, how they function in Ohio, and how veterans can get involved in the peer mentor program.

Featured Database

National Conference of State Legislatures, Military and Veterans State Legislation Database

The National Conference of State Legislatures works to bring you updated information on bills that have been introduced in the 50 states and the District of Columbia, related to military and veterans issues. There are currently 1.2 million people serving in the armed forces, more than 20 million veterans and hundreds of military installations in the 50 states, the District of Columbia, Guam and Puerto Rico. The military operations of the United States touch every state in some way, and state legislatures are playing an important role in military issues. You can search legislation for each year from 2010-2021 by state, topic, keyword, year, status and primary sponsor. Bill information for the current year is updated each Tuesday. New measures are added as they are introduced or identified by NCSL staff.

Featured Treatise

Servicemember and Veterans Rights (Brian Clauss & Stacy-Rae Simcox eds.)

Available on Lexis, Servicemember and Veterans Rights provides (1) a general understanding of the different branches of the armed forces, their respective missions, and their organizational structures; (2) information on USERRA, addressing military leave and discrimination issues resulting from military service; (3) an overview of family law issues practitioners will encounter when dealing with military members as clients or opposing parties; and (4) information on TriCare and SGLI.

Final Exams Are Coming And We Can Help!

The Law Library has many resources to help you prepare for final exams. Be sure and see our Exam Study Guide for more information!

Types of Study Aids

Study aids can be an important tool to help you succeed in law school. Remember that not all study aids are created equal and that the different types of study aids serve different purposes.Check out our Exam Guide: Types of Study Aids for a look at the different study aid types to which we subscribe.

Past Blog Postings on General Final Exam Preparation:

Study Tips & Law Library Resources for Outlining

Study Aids to Help You with Different Exam Formats & Study Aids for Exam Review

American Indian and Alaska Native Heritage Month

This month is American Indian and Alaska Native Heritage Month! In 1990, President George H.W. Bush signed a joint congressional resolution designating November 1990 as “National American Indian Heritage Month.” Similar proclamations have been issued every year since 1994. Celebrate with us as we explore the contributions and history of the Native people in the United States of America.

5 More Selected Resources on American Indian and Alaska Native Heritage Month

American Archive of Public Media: Vision Maker Media Documentaries

The Vision Maker Media Documentaries Collection includes 40 documentary films featuring Native voices from Native producers, created between 1982 and 2012. These films, created by independent Native producers and broadcast on PBS, inspire people to look at the world through Indigenous eyes and encourage youth to embrace their rich culture as part of their identity. The films document the people, society and culture of Native tribes including, but not limited to, the Navajo (Dine), Lakota, Choctaw and various other tribes. Topics include art, music, language and many others. In 2016, Vision Maker Media celebrated its 40th anniversary by collaborating with the American Archive of Public Broadcasting to preserve these films as part of their 40 Years, 40 Films, 40 Weeks campaign. With funding from the Corporation for Public Broadcasting, these 40 films were digitized and preserved in the AAPB. Most of the films are available in the Online Reading Room.

Alexander Street’s Vision Maker Media Films

UC students, faculty & staff only. Vision Maker Media’s mission is empowering and engaging Native people to share stories. Access selected Vision Maker Media films through the Alexander Street platform.

Films on Demand: Native American Studies

UC students, faculty & staff only. Films On Demand is a streaming video service containing educational programs. Many programs from the History Channel, Biography Channel, BBC, PBS and other news channels are included in this collection.

PBS Specials: Native American Heritage Month

Through dance, family traditions, art, and music, these stories show both the contemporary diversity and long history of Indigenous people across the land we now call the United States. Celebrate the history, culture, and traditions of American Indians and Alaska Natives in a special collection of films and programs.

The World: Returning Home Through Togetherness: Native American Heritage Month Film Collection

World Channel is devoted to telling stories that humanize complex issues, sharing the best of public media in news, documentaries, and fact-based informational programming that helps promote understanding conflicts, movements and cultures that may be distinct from your own. This November, World Channel, with Vision Maker Media presents films rich with voices from the Indigenous community.

November Oral Arguments at the Ohio Supreme Court

You can view the live stream of oral arguments on the Court’s website or see them after the arguments take place in the Ohio Channel archives.

Ohio Supreme Court Chamber

Tuesday, November 9, 2021

M.R.v. Niesen – This case involves a lawsuit filed by a Cincinnati police officer against protestors. The officer’s lawsuit identifies him only by the initials “M.R.” and requests that all the officer’s personal information be concealed during the litigation. The issue to be heard is whether the temporary restraining order prohibiting the defendants from publicizing M.R.’s “personal identifying information” is prior restraint of speech the can be immediately reviewed by an Ohio appellate court. Court News Ohio Oral Argument Preview

Ohio ex rel. The Cincinnati Enquirer v. Shanahan / Ohio ex rel. Volokh v. Shanahan – This case involves a lawsuit filed by a Cincinnati police officer against protestors. The officer’s lawsuit identifies him only by the initials “M.R.” and requests that all the officer’s personal information be concealed during the litigation. The Cincinnati Enquirer and Law Professor Eugene Volokh from the University of California, Los Angeles filed separate motions to compel Hamilton County Common Pleas Court Judge Megan Shanahan to lift her orders allowing a Cincinnati police officer to pursue his lawsuit against protestors while identifying him only by the initials “M.R.” The Enquirer and Volokh also objected to the court’s decision to seal the officer’s affidavit submitted to explain his reasoning for seeking anonymity. The issues to be heard are: (1) whether a police officer can file a defamation lawsuit against private citizens using a pseudonym to conceal his identity; (2) whether the trial court violated the Rules of Superintendence for the Courts of Ohio and the First Amendment by partially sealing an affidavit filed anonymously by a police officer; and (3) whether a party seeking access to court records must first request that a trial court reconsider its decision before seeking a writ of mandamus. Court News Ohio Oral Argument Preview

Ohio v. Smith – whether a rape conviction based on the sexual conduct of insertion, as defined in state law, be supported by evidence that the accused person inserted a body part or object into another person. Court News Ohio Oral Argument Preview

Disciplinary Counsel v. O’Diam – whether a Greene County probate court judge should be suspended for six-months without pay because of his treatment of a man who publicly questioned whether the judge should preside over cases in which his daughter represents a party in the matter. Court News Ohio Oral Argument Preview

Wednesday, November 10, 2021

Ohio v. Brinkman – a death penalty case where the defendant raises 13 legal issues challenging his sentences or requesting a new trial, including prosecutorial misconduct; ineffective assistance of counsel; errors in admission of evidence; violations of the 4th, 5th, 6th, 8th, and 14th amendments; and violations of the Ohio Constitution. Court News Ohio Oral Argument Preview

Ohio v. Towns – whether a complaint based on Ohio Rev. Code sec. 102.03(B), which prohibits public officials or employees from disclosing certain confidential information, must be reviewed first by the Ohio Ethics Commission before it can proceed as a criminal complaint in court. Court News Ohio Oral Argument Preview

Davis v. Nathaniel – (1) whether the companionship rights of a parent’s relatives are restricted or curtailed if the parent-child relationship is not terminated and another relative adopts the child; (2) whether the adoption of a child by one relative eliminate the companionship rights of other relatives of the child Court News Ohio Oral Argument Preview

Legally Speaking Blog Entries for This Week’s Oral Arguments

Prof. Marianna Brown Bettman, Oral Argument Preview: Oral Argument Preview: Is the Temporary Restraining Order in this Case a Prior Restraint on Speech Subject to Immediate Appellate Review? M.R., a Cincinnati Police Officer pleading under a pseudonym v. Julie Niesen and Terhas White and James Noe and Alissa Gilley, Legally Speaking (Nov. 2, 2021) (student contributor Brandon Bryer)

Prof. Marianna Brown Bettman, Oral Argument Preview: Oral Argument Preview: Does a Relative have Standing to Pursue Companionship with a Deceased Parent’s Children Following an Intra-Family Adoption? Rachel Davis v. Tammie Nathaniel, Legally Speaking (Nov. 3, 2021) (student contributor Max Londberg).

November Arguments at the United States Supreme Court

US Supreme Court - corrected

From SCOTUS Blog:

Monday, November 8, 2021

Federal Bureau of Investigation v. Fazaga — whether Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978 displaces the state-secrets privilege and authorizes a district court to resolve, in camera and ex parte, the merits of a lawsuit challenging the lawfulness of government surveillance by considering the privileged evidence.

Unicolors, Inc v. H&M Hennes & Mauritz, LP — whether the U.S. Court of Appeals for the 9th Circuit erred in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. § 411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration.

Tuesday, November 9, 2021

United States v. v. Vaello-Madero — whether Congress violated the equal-protection component of the due process clause of the Fifth Amendment by establishing Supplemental Security Income — a program that provides benefits to needy aged, blind and disabled individuals — in the 50 states and the District of Columbia, and in the Northern Mariana Islands pursuant to a negotiated covenant, but not extending it to Puerto Rico.

Ramirez v. Collier — (1) whether, consistent with the free exercise clause and Religious Land Use and Institutionalized Persons Act, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from laying his hands on his parishioner as he dies, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest; and (2) whether, considering the free exercise clause and RLUIPA, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from singing prayers, saying prayers or scripture, or whispering prayers or scripture, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest.

Wednesday, November 10, 2021

City of Austin, Texas v. Reagan National Advertising of Texas Inc. — whether the Austin city code’s distinction between on-premise signs, which may be digitized, and off-premise signs, which may not, is a facially unconstitutional content-based regulation under Reed v. Town of Gilbert.

This Week in the Law Library …

This week in the Law Library we’re teaching online search techniques and technology in law practice. We’re also preparing to vote, studying for final exams, looking at oral arguments, and celebrating American Indian and Alaska Native Heritage Month.

This Week’s Research Sessions

Monday, November 1, 2021

Lawyering I, sec. 2

Ron Jones, Electronic Resources Instructional Services Librarian
10:40am – 12:05pm
Room 104
Basic Terms & Connectors Searching

Lawyering I, sec. 1

Ron Jones, Electronic Resources Instructional Services Librarian
1:30pm – 2:55pm
Room 100A
Basic Terms & Connectors Searching

Tuesday, November 2, 2021

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
11:10am – 12:05pm
Room 208

Thursday, November 4, 2021

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
11:10am – 12:05pm
Room 208

Lawyering I, sec. 4

Ron Jones, Electronic Resources Instructional Services Librarian
Room 100A
2:00pm – 3:25pm
Basic Terms & Connectors Searching

Lawyering I, sec. 6

Michael Whiteman, Associate Dean of Library Services
Room 100A
4:00pm – 5:25pm
Basic Terms & Connectors Searching

Vote!

Vote America Every Vote Counts

November 2nd is election day! Have you voted yet? If not, please vote tomorrow! Elections matter, even non-presidential ones, and so does your vote. Need voter information? You can find links to resources in our Election Law Guide or check out the resources below:

MyOhioVote.com

State of Kentucky Voting Website

State of Indiana Voting Website

Featured Study Aids

Election Law in a Nutshell

Available via the West Academic study aid subscription, this Nutshell provides a succinct and thorough description of the law governing elections, the right to vote, and the political process in the United States. The topics addressed include “one person, one vote,” gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. The Nutshell covers U.S. constitutional law in these areas, as well as the Voting Rights Act, Federal Election Campaign Act, and other essential statutes. It includes Evenwel v. Abbott, McDonnell v. United States, and other cases from the 2015-16 Supreme Court Term. Election law is a dynamic and rapidly expanding field that generates enormous public interest. It is also of great practical importance to lawyers and law students, with increasing litigation and many controversial Supreme Court decisions such as Bush v. Gore, Citizens United v. FEC, and Shelby County v. Holder.

Understanding Election Law and Voting Rights

Available via the Lexis OverDrive study aid subscription, this study aid takes readers through the electoral process, beginning with the right to vote and continuing through the election itself. Along the way, the authors provide thorough explanations of manifold topics, including Congress’s power to protect voting rights, the use of race in districting, political gerrymandering, political parties’ rights, the place of third parties, free speech and the First Amendment rights to participate in campaigns and run for office, campaign-finance regulation, vote-counting, and the role of courts in adjudicating disputes about political power and challenges to election “irregularities.” Did you know that Prof. Michael Solimine is one of the authors?

Examples & Explanations: Legislation, Statutory Interpretation, and Election Law

Available via the Wolters Kluwer study aid subscription, this study aid tackles the complex subjects in this field, including statutory interpretation, lobbying, bribery, redistricting, campaign finance law, and voting rights.

Featured Guide

Election Law Guide

This guide is intended as a starting point for research in the law of elections.

Featured Video

Election Law Program Videos for Judges & Journalists

Created in 2005 as a joint venture of the National Center for State Courts and the William & Mary Law School, the Election Law Program seeks to provide practical assistance to state court judges called upon to resolve difficult election law disputes.These videos are a series of web-based lectures designed to educate judges and journalists about the fundamentals of election law.

Featured Database

CQ Press Voting and Elections Collection

This database provides reference narratives and documents on elections, parties, voter behavior, and campaigns. It allows users to extract election results by characteristics such as: candidate, office, locality, and race type over time. Access U.S. election results across states with great historical depth and accuracy.

Featured Treatise

America Votes! A Guide to Modern Election Law & Voting

Available to law students & faculty only via Westlaw, this treatise provides a snapshot of key election and voting rights issues from practitioners highly experienced in a wide variety of areas. Part 1 details the election administration processes, challenges, and opportunities at the local and national level. Included are chapters on the FEC, enforcing federal election law, using census data to prove citizenship, and administrative challenges for recounts, contests; and postelection audits. Part 2 details the Voting Rights Act and discusses rights of language-minority voters, voter suppression tactics including voter ID laws, immigration voting rights, and redistricting issues to watch during the current redistricting cycle. Part 3 details the challenges of redistricting and includes state legislative reapportionment, Section 2 vote-dilution litigation, and corporate districting and the Voting Rights Act.

Final Exams Are Coming And We Can Help!

The Law Library has many resources to help you prepare for final exams. Be sure and see our Exam Study Guide for more information!

Past Blog Postings on General Final Exam Preparation:

Study Tips & Law Library Resources for Outlining

Study Aids to Help You with Different Exam Formats & Study Aids for Exam Review

Study Aid Collections:

West Academic

To create an account, click the Create an Account link at the top right corner of the Study Aids Subscription page. Use your UC email as the email address. Once you have filled in the required information to set up an account, you will need to verify your email address (they will send you a confirmation email that you will need answer to verify the email address — be sure and check your junk mail). Once you have created an account and logged in, you can use the links below to access individual study aids or you can access all study aids through https://subscription.westacademic.com. To access study aids even when offline, use the app. Accessing West Academic Study Aids Offline.

Lexis OverDrive

If accessing study aids from Lexis OverDrive, you will need to login using your UC credentials.

Wolters Kluwer

If accessing study aids from the Wolters Kluwer subscription, you will need to login using your UC credentials.

Video on using WK study aids

CALI

If using CALI, you will need to create an account (if you have not already done so) using a Cincinnati Law authorization code. You can obtain this code from a reference librarian.

American Indian and Alaska Native Heritage Month

This month is American Indian and Alaska Native Heritage Month! In 1990, President George H.W. Bush signed a joint congressional resolution designating November 1990 as “National American Indian Heritage Month.” Similar proclamations have been issued every year since 1994. Celebrate with us as we explore the contributions and history of the Native people in the United States of America.

A Proclamation on National Native American Heritage Month, 2021

Fast Facts

“The American Indian and Alaska Native population, alone and in combination, increased from 5.2 million in 2010 to 9.7 million in 2020, a 86.5 percent increase. This makes the American Indian and Alaska Native people represent 2.9 percent of the U.S. population.” 2020 Census: Native population increased by 86.5 percent, Indian Country Today (Aug. 13, 2021).

There are 324 distinct, federally recognized American Indian reservations in 2020, including federal reservations and off-reservation trust land. There are 574 federally recognized Indian tribes in 2020. Census Bureau, Facts for Features: American Indian and Alaska Native Heritage Month: November 2021 (Oct. 4, 2021). Native Americans as Percent of Ohio State Population: 0.3%.

 

November Arguments at the United States Supreme Court

US Supreme Court - corrected

From SCOTUS Blog:

Monday, November 1, 2021

Whole Woman’s Health v. Jackson — whether a state can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil actions.

U.S. v. Texas — whether the United States may bring suit in federal court and obtain injunctive or declaratory relief against the state, state court judges, state court clerks, other state officials, or all private parties to prohibit Texas Senate Bill 8 from being enforced.

Tuesday, November 2, 2021

Houston Community College System v. Wilson — whether the First Amendment restricts the authority of an elected body to issue a censure resolution in response to a member’s speech.

Badgerow v. Walters — whether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under Sections 9 and 10 of the Federal Arbitration Act when the only basis for jurisdiction is that the underlying dispute involved a federal question.

Wednesday, November 3, 2021

New York State Rifle & Pistol Association Inc. v. Bruen — whether the state of New York’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.