This Week in the Law Library …

This week in the Law Library we’re teaching online searching and technology in law practice, attending the Schwartz Lecture, as well as continuing to celebrate American Indian and Alaska Native Heritage Month, and previewing Ohio Supreme Court oral arguments.

This Week’s Library Sessions

Tuesday, November 14, 2023

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
Room 107
11:10am – 12:05pm

Thursday, November 16, 2023

Lawyering I, sec. 4

Ronald Jones, Electronic Resources Instructional Services Librarian
Room 135
10:40am – 12:05pm
Online Searching

Technology in Law Practice

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
Room 107
11:10am – 12:05pm

Lawyering I, sec. 6

Susan Boland, Associate Director & Ashley Russell, Instructional & Reference Services Librarian
Room 135
1:30pm – 2:55pm
Online Searching

Victor E. Schwartz Lecture in Torts

A Negligence Claim for Rape

Jonathan Cardi, Professor of Law, Wake Forest University
Friday, November 17, 2023
12:15 – 1:15pm
Room 160

In a recent article co-authored with Professor Martha Chamallas, Moritz College of Law at The Ohio State University, Professor Cardi both praised and critiqued the recent addition to the Restatement (Third) of Torts of a new section specifically addressing sexual torts. Although the new Restatement provision is intended to make it easier for victims of sexual misconduct to recover damages, the authors argued that placing sexual wrongs under the general rubric of intentional torts is likely to reduce the impact of the new tort. They propose a different analytical framework that would permit recovery by analogy to negligence rather than to intentional tort claims.

Featured Study Aids

Torts CALI Lessons

CALI currently offers a number of interactive exercises for students studying Torts. You will need to set up a password to use CALI online. To set up a username and password, you will be asked to enter UC Law’s authorization code. You can get this code from any reference librarian.

Hornbook on Torts

Available via the West Academic study aid subscription, this single-volume hornbook provides a comprehensive overview of tort and injury law. The book covers all of the major topics in tort law. Topics include liability for physical injuries, as well as emotional, dignitary, and economic harms. This newly-updated edition includes citations to hundreds of cases and statutes decided over the last decade, as well as references to the Restatement (Third).

The Law of Torts: Examples & Explanations

Available via the Aspen Learning Library, this study aid provides an overview of Torts, together with examples that illustrate how these principles apply in typical cases. Features coverage of intentional torts; chapters on trespass to chattels, conversion and trespass to land, false imprisonment, and intentional infliction of emotional distress; and a section on Taking a Torts Essay Exam. A series of problems at the end of each section or chapter assist you in testing your understanding. Answers are provided for these problems.

Understanding Torts

Available via the LexisNexis Digital Library, Understanding Torts features: comprehensive and up-to-date coverage of intentional torts, privileges, negligence, cause-in-fact, proximate cause, defenses, joint and several liability, damages, strict liability, products liability, economic torts, malicious prosecution, abuse of process, defamation and invasion of privacy. Judicious use of footnotes to provide full, but not overwhelming, primary and secondary support for textual propositions.

Featured Guide

Exam Study Guide: Torts

Did you know the Law Library can help you prepare for law school exams? Consult this guide for our exam preparation resources. Get help in understanding Torts as well as reviewing and preparing for Torts exams.

Featured Treatise

Dobbs’ Law of Torts

Available via Westlaw, this four-volume second edition provides encyclopedic reference on all aspects of tort law, regardless of topic. Authors’ comments on problems in the administration of tort law give readers both pro and con arguments for effecting changes in the law.

Featured Videos

Previous Victor Schwartz lectures:

2020 Schwartz Lecture in Torts: “Restating Defamation Law for the Twenty-First Century”

Lyrissa Lidsky, dean and Judge C. A. Leedy Professor of Law at the University of Missouri School of Law, analyzed trends in defamation cases to foretell what they foreshadow for modernizing defamation law during her lecture “Restating Defamation Law for the Twenty-First Century.”

2019 Schwartz Lecture in Torts: “Supreme Torts”

This lecture, by Professor John C.P. Goldberg of Harvard Law School, explored and exposed some of the myriad occasions on which our highest court (notwithstanding its foreswearing of the general common law in Erie Railroad v. Tompkins has actively shaped 50-state tort law. At the same time, it suggests, respectfully, that the Court’s decisions are often predicated on an impoverished understanding of tort law and its place in our legal and political system. Topics addressed ranged from constitutional torts and proximate cause to federal preemption and punitive damages.

2018 Schwartz Lecture in Torts: Restating the Law: Lessons from the Front Lines

Ward Farnsworth, dean and John Jeffers Research Chair in Law at the University of Texas School of Law, was Reporter for the most recent Restatement of Torts, an influential treatise used by attorneys and judges that synthesizes general principles from tort cases. In this lecture, he discusses the sometimes-contested role of writers of Restatements. He also examines when a Reporter should fight for his own opinion or defer and draw lessons to be used in broader legal and political practice.

Featured Website

University of New Mexico, Judicial Education Center, Torts Tutorial

Tutorial on tort law for judges in New Mexico.

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 and Alaska Native Records in the National Archives

The National Archives holds hundreds of thousands of federal records relating to Native Americans. Researchers can find information relating to American Indians and Alaska Natives from as early as 1774 through the mid-1990s at National Archives locations throughout the country.

Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs

This notice publishes the current list of 573 Tribal entities recognized by and eligible for funding and services from the Bureau of Indian Affairs (BIA) by virtue of their status as Indian Tribes. The listed Indian entities are acknowledged to have the immunities and privileges available to federally recognized Indian Tribes by virtue of their government-to-government relationship with the United States as well as the responsibilities, powers, limitations, and obligations of such Tribes.

Indigenous Digital Archive’s Treaties Portal

The National Archives and Records Administration (NARA) collaborated with the Museum of Indian Arts and Culture (MIAC) to launch the Indigenous Digital Archive’s Treaties Portal . This website provides public access to digital copies of NARA’s series of ratified Indian Treaties.

National Museum of the American Indian, Americans

Americans, a major exhibition at the Smithsonian’s National Museum of the American Indian, highlights the ways in which American Indians have been part of the nation’s identity since before the country began. It delves into the three stories, surrounds visitors with images, and invites them to begin a conversation about why this phenomenon exists. Pervasive, powerful, at times demeaning, the images, names, and stories reveal the deep connection between Americans and American Indians as well as how Indians have been embedded in unexpected ways in the history, pop culture, and identity of the United States.

Record of Rights, Rights of Native American Indians

The history of Native American rights is not a progressive march; it’s a story of rights being alternately acknowledged and disregarded. In this struggle, tribes negotiated hundreds of treaties with the Federal Government. Nonetheless, Native Americans lost many rights due to conflicts with Americans and the interests of the Federal Government. This virtual exhibit from NARA includes stories on the recognition of tribal sovereignty, protection of land rights, and the survival of indigenous culture.

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 14, 2023

Estate of Katherine Tomlinson v. Mega Pool Warehouse, Inc. – whether a civil litigant’s constitutional right to a jury trial is violated where a trial court’s local rule permits a party to withdraw a demand for a jury trial without consent of the parties. Court News Ohio Oral Argument Preview

Stull v. Summa Health Sys. – whether the peer review privilege in Ohio Rev. Code sec. 2305.252 applies to a healthcare entity’s files about resident physicians. Court News Ohio Oral Argument Preview

TERA LLC v. Rice Drilling D LLC – (1) whether a clause in an oil and gas drilling contract allowing for drilling in “the formation commonly known as the Utica Shale” includes the Point Pleasant rock formation; and (2) whether “Bad faith” trespass in energy cases turns on subjective intent. Court News Ohio Oral Argument Preview

State v. Sheckles – (1) whether federal regulations require that a current or former employee of the U.S. Department of Justice provide the department’s written authorization in advance in order to testify in state court; and (2) whether a court can definitively exclude evidence for trial based on a motion in limine.

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