This Week in the Law Library …

This Week’s Research Sessions

Monday, Sept. 21, 2020

  • The Technology of Law Practice with Legal Technology & Research Instructional Services Librarian Shannon Kemen
    • 3:00pm – 4:00pm
    • Zoom

Tuesday, Sept. 22, 2020

  • Prof. Smith’s Lawyering I, section 6 with Associate Director Susan Boland
    • Researching Memo 1
    • 9:00am – 10:25am
    • Zoom
  • Prof. Smith’s Lawyering I, section 4 with Associate Director Susan Boland
    • Researching Memo 1
    • 10:40am – 12:05pm
    • Zoom

Wednesday, Sept. 23, 2020

  • The Technology of Law Practice with Legal Technology & Research Instructional Services Librarian Shannon Kemen
    • 3:00pm – 4:00pm
    • Zoom

Thursday, Sept. 24, 2020

  • Prof. McCord, Lawyering I, section 3 with Associate Dean of Library Services Michael Whiteman
  • Researching Cases & Citators
  • 9:00am – 10:25am
  • Zoom

Featured Study Aids

  • Mastering Statutory Interpretation
    • Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material.
    • Available via the Lexis OverDrive study aid subscription
  • Legislation and Statutory Interpretation
    • This text contains in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation.
    • Available via the West Academic study aid subscription

Featured Database

  • ProQuest Legislative Insight
    • ProQuest legislative histories are comprised of fully searchable PDFs of full-text publications generated in the course of congressional lawmaking. Each history includes the full text of the public law itself, all versions of related bills, law-specific Congressional Record excerpts, committee hearings, reports, and prints. Also included are presidential signing statements, CRS reports, and miscellaneous congressional publications that provide background material to aid in the understanding of issues related to the making of the law.

Featured Guide

  • Federal Legislative History Research Guide
    • This guide is designed to help you understand the Federal Legislative process as well as what documents comprise a legislative history. It covers the major print materials, free web sources, and online databases.

Featured Video

Featured Treatise

  • Sutherland Statutes and Statutory Construction
    • Recognized as a core text on statutory construction by the American Bar Association and others, Sutherland Statutes and Statutory Construction lays out the principles of statutory interpretation and helps you develop your own theories and positions supported by these principles, and by analysis of the legislative process itself. Topics include legislative power, legislative organization and procedure, legislative form, legislative applicability, statutory interpretation, and application of the principles of statutory construction in selected areas of substantive law.
    • Available on Westlaw

At the Law School

  • Thursday, Sept. 24, 2020
    • College of Law’s planned screening of the documentary film 13th
      • 7:00pm
      • The film examines the racial dimensions of the phenomenon of mass incarceration in the United States and its connection to the adoption of the 13th Amendment to the U.S. Constitution from which the film draws its title. Following the film, you are invited to participate in one of several simultaneous online discussion groups about the film, each of which will be hosted by College of Law faculty members.

Celebrate Hispanic Heritage Month

American Heritage Month

Hispanic Heritage Month celebrates the contributions and importance of the Hispanics and Latinos to the United States and those American citizens whose ancestors came from Spain, Mexico, the Caribbean, Central America, and South America.This year’s theme is Hispanics: Be Proud of Your Past and Embrace the Future.

President Trump’s Proclamation

Monday, Sept. 21, 2020

  • Join the Office of Ethnic Programs & Services for a conversation with Alfonso Cornejo, President of Hispanic Chamber Cincinnati, about the state of the Latinx Community in Cincinnati on Monday, September 21 at 3:00 pm. RSVP here via CampusLink.

Thursday, Sept. 24, 2020

  • Meet Your Latinx Attorneys: Louis Valencia
  • 12:00 pm, via WebEx.
  • Louis Valencia was born and raised in Cincinnati. He is licensed to practice law in Ohio and the Executive Office for Immigration Review. Louis specializes in immigration law and has a passion for uplifting his Latinx community. In 2013 he and his partner established The Law Offices of Valencia & Diaz, Ltd. Sponsored by LLSA.

 

This Week in the Law Library …

This Week’s Research Sessions

Monday, Sept. 14, 2020

  • Prof. Bock’s Legal Writing & Research for LLMs with Associate Director Susan Boland
    • Researching Secondary Sources
    • 8:30am – 9:55am
    • Zoom
  • The Technology of Law Practice with Legal Technology & Research Instructional Services Librarian Shannon Kemen
    • 3:00pm – 4:00pm
    • Zoom

Tuesday, Sept. 15, 2020

  • Prof. Smith’s Lawyering I, section 6 with Associate Director Susan Boland
    • Researching Cases & Citators
    • 9:00am – 10:25am
    • Zoom
  • Prof. McCord, Lawyering I, section 3 with Associate Dean of Library Services Michael Whiteman
    • Researching Cases & Citators
    • 9:00am – 10:25am
    • Zoom
  • Prof. Smith’s Lawyering I, section 4 with Associate Director Susan Boland
    • Researching Cases & Citators
    • 10:40am – 12:05pm
    • Zoom
  • Prof. McCord, section 3 with Electronic Resources Instructional Services Librarian Ron Jones
    • Researching Cases & Citators
    • 3:30pm – 4:55pm
    • Zoom

Wednesday, Sept. 16, 2020

  • The Technology of Law Practice with Legal Technology & Research Instructional Services Librarian Shannon Kemen
    • 3:00pm – 4:00pm
    • Zoom

Thursday, Sept. 17, 2020

  • Prof. Smith’s Lawyering I, section 6 with Associate Director Susan Boland
    • Basic Terms & Connectors Searching
    • 9:00am – 10:25am
    • Zoom
  • Prof. Smith’s Lawyering I, section 4 with Associate Director Susan Boland
    • Basic Terms & Connectors Searching
    • 10:40am – 12:05pm
    • Zoom

 

Featured Study Aids

  • Election Law Stories
    • An account of the most significant cases in election law, including the landmark decisions of Reynolds v. Sims, Bush v. Gore, Citizens United v. Federal Election Commission, and Shelby County v. Holder. The volume’s thirteen cases concern the right to vote, redistricting and gerrymandering, campaign finance, and election administration.
    • Available via the West Academic study aid subscription
  • Understanding Election Law and Voting Rights
    • 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?
    • Available via the Lexis OverDrive study aid subscription
  • Examples & Explanations: Legislation, Statutory Interpretation, and Election Law
    • Tackles the complex subjects in this field, including statutory interpretation, lobbying, bribery, redistricting, campaign finance law, and voting rights.
    • Available via the Wolters Kluwar study aid subscription

 

Featured Database

  • HeinOnline: Congress & the Courts
    • Congress and the Courts brings together materials reflecting congressional concern with the composition and structure of Article III Courts and provides all relevant documents prepared by various Congresses relating to the purpose, formation, organization, and restructuring of the judiciary. This collection focuses on the development and growth of the federal courts and judiciary and is a source of original material of congressional fact finding and decision making. Decades of legislative intent, testimony, and pre-enactment history is provided in this collection.

 

Featured Guide

 

Celebrate Constitution Week

The Law Library is celebrating Constitution Week! In honor of the College of Law’s Constitution Day speaker, Professor Richard L. Hasen, we’ll be focusing on election law.

Celebrate Taft Week

This week is Taft Week at the College of Law! President & Chief Justice William Howard Taft graduated from University of Cincinnati Law School in 1880. SBA is featuring several events in celebration. Visit the Law Library’s Taft Week Guide for fun and interesting facts about Taft.

  • On Sept. 15th, join SBA as they dress in their best baseball gear! Students can share their baseball outfit to the SBA Instagram account [@uclawsba], and be entered in the Taft Baseball Photo Contest. Take your picture and share it before 5pm to be entered.
  • On Sept. 18th, SBA is featuring a talk at Noon and trivia in the evening.
  • Throughout the week SBA will be collecting non-perishable food and clothing items in bins by the back doors for donations to charitable organizations.

This Week in the Law Library …

Hours

Note that the Law Library will be closed Monday, Sept. 7 for the Labor Day holiday.

This Week’s Research Sessions

Tuesday, Sept. 8

  • Immigration & Human Rights Law Review​ with Associate Director Susan Boland
  • 12:15pm – 1:15pm​
  • Cite Checker Training​
  • WebEx

Wednesday, Sept. 9

  • Legislative History & Statutory Interpretation Resources with Associate Director Susan Boland
    • 3:30pm – 4:30pm​
    • Prof. Bryant’s class
    • Zoom
  • The Technology of Law Practice with Legal Technology & Research Instructional Services Librarian Shannon Kemen
    • 3:00pm – 4:00pm
    • Zoom

Thursday, Sept. 10

  • Legislative History & Statutory Interpretation Resources with Associate Director Susan Boland
    • 10:30am – 11:30am​
    • Prof. Sperino’s class
    • Zoom

Featured Database

  • Bloomberg Law’s Privacy & Data Security Law Practice Center
    • In this practice center, Bloomberg Law provides fully integrated, unlimited access to privacy and data security content. It includes relevant domestic and international primary source materials; in-depth secondary coverage, including the Privacy & Data Security Portfolio Series; and Practical Guidance crafted by leading practitioners.

Featured Study Aids

Featured Video​

Featured Website

 

This Week in the Law Library …

Hours

Note that the Law Library will be closed Monday, Sept. 7 for the Labor Day holiday.

This Week’s Research Sessions

Monday, Aug. 31

  • Prof. Bock’s Legal Writing & Research for LLMs with Associate Director Susan Boland
    • Legal Research Overview
    • 8:30am – 9:55am
    • Zoom
  • The Technology of Law Practice with Legal Technology & Research Instructional Services Librarian Shannon Kemen
      • 3:00pm – 4:00pm
      • Zoom

Tuesday, Sept. 1

  • Prof. Smith’s Lawyering I, section 6 with Associate Director Susan Boland
    • Introduction to Legal Research and the Research Process
    • 9:00am – 10:25am
    • Zoom
  • Prof. Oliver’s Lawyering I, section 5 with Electronic Resources​ & Instructional Technology Librarian Ron Jones
    • Introduction to Legal Research and the Research Process
    • 9:00am – 10:25am
    • Zoom

Wednesday, Sept. 2

  • The Technology of Law Practice with Legal Technology & Research Instructional Services Librarian Shannon Kemen
      • 3:00pm – 4:00pm
      • Zoom

Thursday, Sept. 3

  • Prof. Smith’s Lawyering I, section 4 with Associate Director Susan Boland
    • Introduction to Legal Research and the Research Process
    • 10:40am – 12:05pm
    • Zoom
  • Prof. Oliver’s Lawyering I, section 2 with Electronic Resources​ & Instructional Technology Librarian Ron Jones
    • Introduction to Legal Research and the Research Process
    • 10:40am – 12:05pm
    • Zoom
  • Prof. McCord, section 3
    • Introduction to Legal Research and the Research Process
    • 3:30pm – 4:55pm
    • Zoom

Featured Study Aids

Featured Database

Featured Guide

  • ERISA: Research Guide to the Employee Retirement Income Security Act
    • This guide, authored by Electronic Resources & Instructional Services Librarian Ron Jones, provides a general overview of laws pertaining to the Employee Retirement Income Security Act, otherwise known as ERISA. It covers using general sources for background research and how to locate articles, textbooks, treatises, statutory law, administrative materials, agency publications, legislative histories and websites of interest. The guide can be used by students, faculty members, lawyers, and the general public.

Welcome Back!

Welcome back to a new year at UC Law! We’re happy to see new faces and reunite with old friends. We’ll be here virtually and in-person to help you. We’ve got your back with CALI lessons, study aids, research guides, access to Westlaw, Lexis, Bloomberg Law, and most importantly, people! We can help you find what you need and teach you how to find it on your own.

Hours

The library will be open and staffed Monday through Friday, from 8:00 AM to 5:00 PM. We will be closed on Sept. 7 for Labor Day. The Law building will be open to law students 7:30am – 7:30pm.

New Seat Reservation System

Due to social distancing requirements the law library seating has been greatly reduced for the fall semester. In order to provide a safe environment, all seating in the law library will be available by reservation only. This will allow for a low density within the law library, and help facilitate contact tracing should that be necessary. Students wanting to use library study spaces should reserve a seat. The seat reservation system is through TWEN. You will need your Westlaw credentials to access TWEN. If you have not already, be sure and register for Westlaw. You should have received a Westlaw registration code from ronald.jones@uc.edu. If you did not receive a registration code, please contact Ron Jones.

The TWEN page provides you with the ability to reserve a seat for a four hour block of time. Please be advised of the following rules regarding the reserving of study seats within the law library:

  • You may reserve a seat up to 72 hours in advance. Any reservations made for more than 72 hours out will be automatically cancelled;
  • You may only reserve one seat during a 24 hour period;
  • You are required to disinfect your seating area before you use it and after you use it. Disinfecting stations are located throughout the law library;
  • Please do not move furniture. Chairs and furniture have been arranged to meet social distancing requirements.

Instructions for Reserving Library Seats.

Canvas & TWEN

This year faculty will be using either Canvas or TWEN for their course websites. Need help accessing Canvas or TWEN? Visit the Law Library section of the Law Student intranet site. You’ll find:

Remote Learning

Most of you will be doing at least some remote learning this year. We can help!

Law students can visit our Law Student Guide to Remote Learning. This guide features advice on how to succeed with remote learning and resources on using remote learning tools such as WebEx, Zoom, and Teams.

Law faculty can visit our Tips and Tricks for Teaching Remotely. This guide features advice on online and hybrid teaching and resources on using remote teaching tools such as WebEx, Kaltura, Zoom, and Teams.

This Week’s Research Sessions

Wednesday, Aug. 26

  • Law Review Cite Checker Training
    • 12:10pm – 1:10pm
    • WebEx

Thursday, Aug. 27

  • Prof. McCord, section 1
    • Introduction to Legal Research and the Research Process
    • 9:00am – 10:25am
    • Zoom
  • Prof. McCord, section 3
    • Introduction to Legal Research and the Research Process
    • 3:30pm – 4:55pm
    • Zoom

Featured Resources

Featured Study Aid

CALI

Featured Database:

  • Preview of United States Supreme Court Cases on HeinOnline
    • The American Bar Association’s Preview of United States Supreme Court Cases provides comprehensive expert analysis of all cases argued before the Supreme Court prior to the arguments. Issues 1-7 summarize the Court’s seven argument sessions from October through April and Issue 8 reviews the entire term using statistics, charts, essays, and case summaries.

Featured Video

Featured Guides

Remembering William J. Butler

Last month, UC Law and the world lost a great advocate for human rights. On June 7, 2020, William J. Butler passed away.

“Bill’s great achievement through the Urban Morgan Institute is that there is a squadron of Morgan graduates ‘who don’t like to see the little guy get kicked around!'” — Prof. Bert Lockwood, Director, Urban Morgan Institute for Human Rights, College of Law.[1]

Who was the man responsible for creating the Urban Morgan Institute graduates who stand up for the little guy? William J. Butler was well known in the field of human rights. He started his career as Staff Counsel to the American Civil Liberties Union where he worked on two landmark civil liberties cases before the United States Supreme Court. In Kent v. Dulles, 357 US 116 (1958), Rockwell Kent was refused a passport to visit England and attend a meeting of an organization known as the “World Council of Peace” in Helsinki, Finland due to his Communist Party affiliations. The other Petitioner, Dr. Walter Briehl, was also denied a passport for the same reason. In the ALUC’s Amicus Brief*, Mr. Butler argued that the Secretary of State’s denial of the passport violated the right of free movement and the Supreme Court in a 5-4 decision agreed. Engel v. Vitale, 370 U.S. 421 (1962), was a prayer in public schools case. Mr. Butler argued that the prayer violated the Establishment Clause and the Supreme Court in a 6-1 decision agreed. You can read/listen to Mr. Butler’s oral argument at the Oyez website. Mr. Butler also represented faculty from Sarah Lawrence University in Senator William E. Jenner’s Internal Security Subcommittee of the Senate Judiciary Committee investigations.[2]

Mr. Butler was best known for his work with the International Commission of Jurists (ICJ). He served as Chairman of the Executive Committee and as founder and President of the American Association of the International Commission of Jurists. On behalf of the ICJ, he led numerous human rights missions and represented the ICJ at the Rome Conference establishing the International Criminal Court. Mr. Butler also served as an ICJ Observer at the Pinochet hearings before the House of Lords and represented the United Nations High Commissioner for Human Rights at the trial of Kurdish leader Ocalan in Turkey. In 2000, Mr. Butler was named as the High Commissioner’s Special Regional Advisor on Human Rights for North America. In 2001, he convened a worldwide meeting of experts which resulted in the issuance of The Princeton Principles on Universal Jurisdiction.[3]

Mr. Butler was behind the creation of the first endowed institute at an American law school devoted to international human rights law, The Urban Morgan Institute for Human Rights, here at the University of Cincinnati College of Law. Urban Morgan students serve as editors for the world’s leading human rights academic journal: Human Rights Quarterly. Published by The Johns Hopkins University Press, Human Rights Quarterly is overseen by Distinguished Service Professor Bert Lockwood, who serves as editor in chief as well as director of the Institute.[4]

Mr. Butler’s papers reside in the Robert S. Marx Law Library archives. The Papers of William J. Butler include speeches, letters, congressional testimony and other personal and professional writings that document the human rights contributions and other public service of William J. Butler. Also included in this collection are: proceedings of annual meetings of representatives of sovereign nations on human rights and foreign policy held from 1977 to 1999; executive documents of the International Commission of Jurists and the American Association of the International Commission of Jurists; reports of human rights missions to numerous countries; materials generated during international human rights trials observed by William Butler; and more.[5]

Footnotes

  1. Rachel Richardson, UC Remembers Human Rights Defender William J. Butler, UC News (June 15, 2020).
  2. Robert S. Marx Law Library, Biographical Sketch of William J. Butler.
  3. Id.
  4. Urban Morgan Institute for Human Rights, University of Cincinnati College of Law.
  5. Robert S. Marx Law Library, Papers of William J. Butler.

Qualified Immunity in the Hot Seat

Recent U.S. Supreme Court Actions

In an order yesterday[1], the United States Supreme Court denied certiorari in Baxter v. Bracey, No. 18-5102 (6th Cir. 2018).[2] Baxter was a case on qualified immunity. Qualified immunity is defined as “[i]mmunity from civil liability for a public official who is performing a discretionary function, as long as the conduct does not violate clearly established constitutional or statutory rights.”[3] Justice Thomas dissented from the denial stating, “I have previously expressed my doubts about our qualified immunity jurisprudence. See Ziglar v. Abbasi, 582 U. S. ___, ___–___ (2017) (THOMAS, J., concurring in part and concurring in judgment) (slip op., at 2–6). Because our §1983 qualified immunity doctrine appears to stray from the statutory text, I would grant this petition.”[4] The issue of qualified immunity has received increased scrutiny recently because of the inability to hold police accountable for misconduct, particularly in regard to the use of excessive force.[5]

Recent Proposed Legislation

Although the Supreme Court has declined to hear Baxter, the issue of qualified immunity is not dead. Congress still has the opportunity to take action. On June 3, Rep. Justin Amash (I-Mich.) and Rep. Ayanna Presley (D-Mass.) announced on Twitter that they would co-sponsor a bill to “eliminate qualified immunity and restore Americans’ ability to obtain relief when police officers violate their constitutionally secured rights.[6] The bill currently has fifty-four co-sponsors.[7] The Justice in Policing Act of 2020, a House bill led by Congressional Black Caucus members, limits qualified immunity.[8]

Executive Branch Response

President Trump and Attorney General William Bar have expressed opposition to the reduction or elimination of qualified immunity in these legislative proposals. When asked “[d]o you think there should be some tweaking of the rules, reduced immunity to go after some of the bad cops?” by Margaret Brennan on Face the Nation, Attorney General William Bar responded “I don’t think you need to reduce immunity to- to go after the bad cops, because that would result certainly in police pulling back.”[9] White House Press Secretary Kayleigh McEnany declared that qualified immunity was “a nonstarter in the Democrat legislation.”[10] President Trump’s executive order signed today addresses police credentialing, information sharing, training, and grants to fund these but does not address qualified immunity.[11]

Learn More

If you would like to read more on the legal doctrine in this context, below are some selected recent law review articles:

Footnotes

  1. Baxter v. Bracey, No. 18-1287, 590 U.S. ___ (2020).
  2. Baxter v. Bracey, No. 18-5102, 751 F. App’x 869 (6th Cir. Nov. 8, 2018), cert. den. (U.S. June 15, 2020).
  3. Qualified Immunity, Black’s Law Dictionary(11th ed. 2019).
  4. Baxter v. Bracey, No. 18-1287, 590 U.S. ___ (2020).
  5. See e.g., Andrew Chung et. al., Shielded: For Cops Who Kill, Special Supreme Court Protection, Reuters Investigates (May 8, 2020 Noon), https://www.reuters.com/investigates/special-report/usa-police-immunity-scotus/ [https://perma.cc/MU3C-7FUH]; Devin Dwyer, “Qualified Immunity” for Police Getting Fresh Look by Supreme Court after George Floyd Death, ABC News (June 4, 2020, 1:04 PM), https://abcnews.go.com/Politics/police-immunity-rule-fresh-supreme-court-george-floyd/story?id=71044230 [https://perma.cc/F9YD-TYL5]; Patrick Jaicomo & Anya Bidwell, Police Act Like Laws Don’t Apply to Them Because of ‘Qualified Immunity.’ They’re Right, USA Today (updated June 9, 2020, 2:36 PM), https://www.usatoday.com/story/opinion/2020/05/30/police-george-floyd-qualified-immunity-supreme-court-column/5283349002/ [https://perma.cc/37KH-HHR4]; Nina Totenburg, Supreme Court Will Not Reexamine Doctrine That Shields Police in Misconduct Suits, NPR (June 15, 2020, 9:55 AM), https://www.npr.org/2020/06/15/876853817/supreme-court-will-not-re-examine-doctrine-that-shields-police-in-misconduct-sui [https://perma.cc/R6WH-V3XD]
  6. Justin Amash (@justinamash), Twitter (June 3, 2020, 6:26 PM), https://twitter.com/justinamash/status/1268353415295500289 [https://web.archive.org/web/20200604015942/https://twitter.com/justinamash/status/1268353415295500289]
  7. H.R. 7085, 116th Cong. (as introduced, June 4, 2020).
  8. H.R. 7120, 116th Cong. § 106 (as introduced, June 8, 2020).
  9. CBS News, Face the Nation (June 7, 2020), https://www.cbsnews.com/news/bill-barr-george-floyd-protests-blm-face-the-nation-transcript/ [https://perma.cc/E62G-XBEL]
  10. Transcript of June 10, 2020 Press Briefing by Press Secretary Kayleigh McEnany, https://www.whitehouse.gov/briefings-statements/press-briefing-press-secretary-kayleigh-mcenany-061020/ [https://perma.cc/6L8S-G2G3]
  11. See, Exec. Order No. ____ (June 16, 2020), https://www.whitehouse.gov/presidential-actions/executive-order-safe-policing-safe-communities/.