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.

Comments are closed.