This Week in the Law Library …

This week in the Law Library we are getting ready to welcome new and returning students and looking at more summer legal research tips on researching legislative history.

Law School Academic Success Podcasts

Advice to a 1L from a Law Professor

A Question and Answer podcast session with Prof. McFarland of Hamline University. His comments in this podcast about the first semester of law school focus on the Socratic method, preparing for class, note-taking during class, class participation, “riding out” that “lost at sea” feel common during the first few weeks of law school, the appropriate use of study aids, advice about law school exams, and general advice on doing well in law school. (14:56 min.)

How To Be Successful In Law School

Having difficulty navigating your hectic law school schedule? You’re not alone! Your new hosts, Ashley Baker and Kristoffer Butler, talk to Negeen Sadeghi-Movahed, chairwoman of the ABA Law Student Division, about law student life and her goals as chair. They discuss tips for handling a busy schedule, give internship advice, and talk about prioritizing what matters during finals

Preparing for Your First Semester of Law School

In this podcast, Profs. Ron Brown and Joe Grohman, Nova Southeastern University Shepard Broad Law Center discuss study techniques for 1Ls. (24:33 min.)

Law School Survival Guide: Advice to Hit the Ground Running as a 1L and Beyond

A summary article from a podcast featuring professors who teach first year law students, authors of some helpful guides to tackling your first year of law school, and a student on what you should know before you go.

Law School Toolbox, Episode 289: Starting Law School in 2021

This Law School Toolbox podcast episode focuses on getting ready to start law school this year, and specifically, how to frame it for yourself during a time affected by pandemic restrictions.

 

Summer Legal Research Tips

Last week we finished looking at Federal legislative history research. This week we’re going to explore state legislative history research.

State Legislative History

The resources available for state legislative history vary widely from jurisdiction to jurisdiction. The General Assembly in Ohio, for example, does not maintain a formal, comprehensive record of legislative activity with respect to a particular piece of legislation as occurs, in the U.S. Congress.

Ohio

Ohio Session Laws

The statutory codes are not official sources of law in Ohio. The Session Laws are the only official source of legislative enactments. The session laws used to be published in the print Laws of Ohio but in 2006, they discontinued publication. Now the Laws of Ohio are available on the Ohio Secretary of State’s website. You can also find the session laws on the General Assembly’s website. The Laws of Ohio are the official publication of the Ohio legislative enactments. They are the full text of acts, whether codified or uncodified.

Did you know that not all laws are codified? An uncodified law is part of the law of Ohio and is filed in the office of the Secretary of State. However, because it is not a law of a general and permanent nature, it does not appear in the statutes in codified form. Common examples of session laws not codified include: preambles and recitals; provisions that have only local or regional application; provisions that may apply for a limited time; and provisions that may apply to a limited number of circumstances.

Ohio House & Senate Committee Material

Committee material is very scarce. The House & Senate Journals are the best source of procedural actions taken on a bill. They include things like introductions, referrals to committees, committee reports, floor motions, and votes. Unfortunately in Ohio, committee reports are really just simple statements: “The bla bla bla bla committee reports it back and recommends its passage…” House & Senate Journals can be found on the General Assembly’s website. Archived versions going back to 2003 can be found on the General Assembly’s Archives website.

In Ohio, you can use the committee name(s) to request the House of Representative and Senate Committee Files. The Committee Files may contain transcripts of hearings, reports, voting records, copies of bill and reference materials. You can get these through the Ohio History Connection.

Hannah Capitol Connection is a database that we subscribe to where you can access Ohio documents created during the legislative process going back to 1989. It also includes reporters’ notes of Committee activity which you won’t find on the Ohio General Assembly website but those would not be as complete as what you might find through Ohio History Connection.

You can find more information on doing Ohio legislative history research on our Ohio Legal research guide.

Other States

Because each state differs on what legislative history resources are available, it is best to consult a state specific guide for the jurisdiction for which you need to do the research. How can you find such a guide? The Maurer School of Law has a guide to help: State Legislative History Research Guides Inventory.

This Week in the Law Library …

This week in the Law Library we are wishing everyone taking the bar exam good luck! We’re also looking at tips for bar exam day, more summer legal research tips on researching legislative history, and we continue exploring Disability Pride Month resources.

Bar Exam Last Minute Tips

Law Dawg Meme: Bar Exam? You Got This

This is it! You’ve studied, you’ve prepared and you’ve got this! Feeling a little anxious? Be sure and check out our previous list of resources on dealing with Bar Exam anxiety. Below are some tips for the days of the exam:

 

Summer Legal Research Tips

Last week we took an initial look at legislative history research. This week we’re going to continue looking at legislative history research and what to do if you cannot find an already compiled legislative history.

ProQuest Congressional

Sometimes, unfortunately, no one has compiled a legislative history for you and you have to do it yourself. One of the best ways to find legislative history documents not already gathered by someone else is to use the ProQuest Congressional database. This is different from the ProQuest Legislative Insight. You can find the link for this database under the Research Tools & Databases on the Law Library’s webpage. Within ProQuest Congressional, the easiest way is to search by Public Law Number. To get to that search screen click the Congressional Publications link in the top left corner of the page. Then select Search by Number. If you have the public law number or Statutes at Large citation for an enacted law, use those. If you have a bill number for a law that was not enacted, use that.

Lexis

In addition to the selected compiled legislative histories, Lexis also has individual legislative history documents. Search in the Federal Legislative Bill History, Committee Reports, and Congressional Record.

Westlaw

You can also find individual legislative history documents on Westlaw. Instead of clicking on the US GAO Federal Legislative Histories or the Arnold & Porter Legislative Histories, search the Legislative Histories — Congressional Reports, Congressional Record, U.S. Congressional Testimony, and historical public laws.

Congress.gov

You can look up more current legislation on Congress.gov. Clicking on the Actions gives a chronology of everything that happened to the bill in reverse chronological order. There are links to some but not all documents. The more recent your bill or public law, the more likely you are to find links to documents.

Check out our guide on Federal Legislative History for more information and resources!

July Is Disability Pride Month!

Disability Pride Flag

Disability Pride Flag. A black flag with a lightning bolt of blue, yellow, white, red, and green. Source: Ann Magill/Public Domain

About Disability Pride Month

Disability Pride Month is an annual worldwide observance holiday during the month of July. It promotes awareness of disability as an identity, a community, a culture & the positive pride felt by disabled people. It directly challenges systematic ableism and discrimination.

5 More Resources on Accessibility & Disability Issues

ADA Anniversary

Throughout the year, celebrate the 31st ADA anniversary and 30 years of the ADA National Network for information and training on the Americans with Disabilities Act (ADA).

ADA.gov

A website by the United States Department of Justice Civil Rights Division that focuses on the ADA and disability resources.

ADA National Network

The ADA National Network provides information, guidance and training on how to implement the Americans with Disabilities Act (ADA) in order to support the mission of the ADA to “assure equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”

Beyond Affliction: The Disability History Project

Beyond Affliction: The Disability History Project is a four hour documentary radio series about the shared experience of people with disabilities and their families since the beginning of the 19th century. This Web site includes excerpts from the Shows as well as many of the primary source documents – extended interviews, images, and texts- from which the on-air programs were developed.

Disability History Museum

The Disability History Museum hosts a Library of virtual artifacts, Education curricula, and Museum exhibits. These programs are designed to foster research and study about the historical experiences of people with disabilities and their communities.

This Week in the Law Library …

This week in the Law Library, we look at five more resources to help you prepare for the Bar Exam, summer legal research tips on researching legislative history, and we continue exploring Disability Pride Month resources.

Bar Exam Preparation

The Bar Exam is not a sprint, it’s a marathon so pace yourself! You’re in the homestretch now. Check out this week’s Bar Exam Resource highlights below.

Hope and the Bar Exam, Bar Exam Mind

People who are “high hope” individuals tend to do better on tests, but people who are lower hope individuals can learn hopeful strategies in order to be more successful on the bar exam.

What to do with only 2 Weeks Left……, Law School Academic Support Blog (July 14, 2021)

What should you do 13-days before the bar exam.

The Week Before the Bar Exam: Do’s and Don’t, JD Advising

As the bar exam approaches and you reach the final week in your preparation, you’re probably wondering how to maximize the time you have left. You’ll want to take advantage of your last days of study time without stressing yourself out. With that in mind, JD Advising created this list of do’s and don’ts for the week before the bar exam.

The Week Before the Bar Exam: Top Tips, KaplanBar Review

General advice and tips for the 10-days before the bar exam.

Kerriann Stout, Don’t Forget To Do These 5 Things The Week Before The Bar Exam, Above the Law (Feb. 19, 2019)

Things to do in order to save yourself headache and stress.

Summer Legal Research Tips

Last week we looked at uniform laws. This week we’re going to take an initial look at legislative history research. If you have a statutory issue but no or very little case law interpreting the statute, you may need to look at legislative history. Legislative history research involves trying to establish legislative intent by looking into the documents produced as a law goes through the legislative process. The types of documents you might look at when doing legislative history research will include bill versions, amendments, committee reports, committee hearings, committee prints, and debates. The Plain Meaning Rule dictates whether or not you would want to do legislative history research. The Plain Meaning Rule states that if the language is plain on its face, you should not introduce evidence of legislative history. Do courts use legislative history? Despite many claims to the contrary, yes! See, for example, Abbe R. Gluck & Richard A. Posner, Statutory Interpretation on the Bench: A Survey of Forty-Two Judges on the Federal Courts of Appeals, 131 Harv. L. Rev. 1298 (2018).

Determine Which Law Added Your Language

The first step in doing legislative history research is to figure out which public law added the statutory language you need to interpret. Remember that statutes can be amended so if you are trying to determine what the legislature intended when they passed a law, you need to know which law incorporated your language. Your code should have a chronological list of the laws making up a code section and that list should be directly underneath the text of the statute. This is sometimes called the credit field. For Federal statutes, these are your public laws. Annotated codes will also have a history section where they summarize the changes that various laws made to the statute. Once you have determined which public law added your language, you will be ready to take the next step.

Look for a Compiled Legislative History

Unfortunately, legislative history research is often a lot of work with very little reward. Federal legislative history research is generally easier than state legislative history research. One way to make it easier on yourself is to take advantage of work that someone else has already done — look to see if someone has created a compiled legislative history. The following are excellent sources of compiled legislative histories:

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.

HeinOnline US Federal Legislative History Library

In addition to the inclusion of comprehensive federal legislative histories published by the U.S. GPO and private publishers, this database also includes a unique finding aid based on Nancy Johnson’s award-winning work, Sources of Compiled Legislative Histories.

GAO Federal Legislative Histories on Westlaw

Comprehensive legislative histories for most U.S. Public Laws enacted from 1921 to 1995, and PL 104-191, as compiled by the U.S. Government Accountability Office, including the text of laws, bills, committee reports, Congressional Record documents, transcripts of hearings, and other documents in pdf format.

Arnold & Porter Legislative Histories on Westlaw

Very selective compilation of legislative histories available on Westlaw.

July Is Disability Pride Month!

Disability Pride Flag

Disability Pride Flag. A black flag with a lightning bolt of blue, yellow, white, red, and green. Source: Ann Magill/Public Domain

About Disability Pride Month

Disability Pride Month is an annual worldwide observance holiday during the month of July. It promotes awareness of disability as an identity, a community, a culture & the positive pride felt by disabled people. It directly challenges systematic ableism and discrimination.

5 More Resources on Accessibility & Disability Issues

Elizabeth Barnes, The Minority Body: A Theory of Disability (e-book, requires UC authentication)

Elizabeth Barnes argues that disability is primarily a social phenomenon- a way of being a minority, a way of facing social oppression, but not a way of being inherently or intrinsically worse off. This is how disability is understood in the Disability Rights and Disability Pride movements; but there is a massive disconnect with the way disability is typically viewed within analytic philosophy. The idea that disability is not inherently bad or sub-optimal is one that many philosophers treat with open skepticism, and sometimes even with scorn. The goal of this book is to articulate and defend a version of the view of disability that is common in the Disability Rights movement

James Charlton, Nothing about Us without Us: Disability Oppression and Empowerment (e-book, requires UC authentication)

This text provides a theoretical overview of disability oppression that shows its similarities to, and differences from, racism, sexism, and colonialism. Charlton’s analysis is illuminated by interviews he conducted over a ten-year period with disability rights activists throughout the Third World, Europe, and the United States. Nothing About Us Without Us expresses the conviction of people with disabilities that they know what is best for them.

The Disability Studies Reader (e-book, requires UC authentication)

The fifth edition of The Disability Studies Reader addresses the post-identity theoretical landscape by emphasizing questions of interdependency and independence, the human-animal relationship, and issues around the construction or materiality of gender, the body, and sexuality. Selections explore the underlying biases of medical and scientific experiments and explode the binary of the sound and the diseased mind. The collection addresses physical disabilities, but as always investigates issues around pain, mental disability, and invisible disabilities as well.

Inclusion, Disability and Culture: An Ethnographic Perspective Traversing Abilities and Challenges (e-book, requires UC authentication)

This book provides a global and social examination of how disabilities are played out and experienced around the world. It presents auto-ethnographic perspectives on disability across cultures, societies, and countries by documenting individuals’ personal narratives, thought processes and reflections. Chapter authors share cross-cultural perspectives within and across various countries, such as India, Australia, United States, Sri Lanka, United Kingdom, Croatia, Brazil, South Africa, and Qatar. Adopting a self-reflective stance following qualitative research methodology, the chapter authors discuss the current challenges in the field. Next, they deconstruct disability identities, explore the complexities of communication with differently abled persons, examine inclusive policies, practices and interventions and present insights from caregivers. The book concludes with critical reflections and a look to the future of global diversity and inclusion.

The Stigma of Disease and Disability: Understanding Causes and Overcoming Injustices(e-book, requires UC authentication)

Disease and disability strike with a double whammy: not only do they cause pain, distress, and loss, but they also trigger a social reaction, and the prejudice and discrimination that often accompany illness can be as limiting as the condition itself. Health care providers have made great strides in understanding and treating diseases, and social scientists have likewise made advances in explaining a frequent corollary of illness, stigma.Stigma robs people labeled “ill” of their right to equal opportunity with respect to jobs, housing, health care, relationships, faith-based communities, friends, communities, and legal protections. The purpose of this book is to advance our scientific knowledge and to further the advocates’ agenda.

 

This Week in the Law Library …

This week in the Law Library, we look at five more resources to help you prepare for the Bar Exam, summer legal research tips on researching uniform laws, and we continue exploring Disability Pride Month resources.

Bar Exam Preparation

The Bar Exam is not a sprint, it’s a marathon so pace yourself! Now that the bar exam is so close, your stress levels might be spiking. Stress can be a motivator but too much stress has a negative impact on your health, well being, and ability to perform well on exams. This week we’re going to focus on ways to control exam stress and anxiety.

Chris Osborn, The 4-7-8 Breathing Exercise (Yep, Breathing!), Well-Being Week in Law Activity Planning Guide (PDF)

The way you breathe (yep, breathe!) may be making you anxious. Learn stress-calming techniques in the 4-7-8 Breathing Exercise Activity Guide.

ABA Law Student Division, Rewiring Your Brain for Stress Resilience (YouTube)

In this webinar, you will learn: how stress affects the brain; how we can change the brain; how common coping strategies do not serve; and what strategies we can use instead to improve our brain’s stress resilience. You’ll then be guided in applying them to your own situation.

Alice Boyes, Feeling Overwhelmed? Here’s How To Get Through The Workday, Harvard Business Review (Nov. 2, 2020)

You know those days when it feels as though life is kicking you in the teeth? We all have those days. And yet we still need to get things done. Here are some tips for pushing through.

Michael Kahn, Gretchen Rose, Anne Brafford, Retraining Unhelpful Thoughts, Well-Being Week in Law Activity Planning Guide (PDF)

Much research has established that cognitive behavioral therapy techniques can prevent or reduce symptoms of mental health conditions. According to cognitive behavioral therapy, our thoughts impact how we feel, which impacts our behaviors. By intentionally pushing back on automatic unhelpful thoughts we will feel better and also be able to choose behaviors (rather than acting on automatic pilot) that are in better alignment with our goals and values.

UNC Learning Center, Text Anxiety (YouTube)

Test anxiety is a real thing! If you think you have it, check out this video for tips for how to manage it.

Summer Legal Research Tips

Last week we looked at researching statutes from multiple jurisdictions — survey tools. This week, we’re going to look at researching uniform laws.

Just as the Restatements are an attempt to give a uniform statement of the common law, there are also attempts to establish uniform statutory laws across jurisdictions. In 1892, the National Conference of Commissioners on Uniform State Laws, also sometimes referred to as NCCUSL was organized. NCCUSL has now been renamed the Uniform Law Commission. A uniform law is so designated when it has a reasonable chance of enactment in a substantial number of states. One of the most well-known uniform laws is the Uniform Commercial Code. Many jurisdictions will adopt a uniform law completely or adopt a modified version of that law. Use Uniform Laws to research uniform statutory language, locate state codifications from jurisdictions that have adopted the uniform language, and explore jurisdictional variations in the adoption of the law.

Uniform Laws Annotated

One of the best known sources of uniform laws is Uniform Laws Annotated. This is a set that is similar in many ways to an annotated code only it covers uniform laws instead of actual statutes. In addition to the text of the uniform law, you will also find cases interpreting the law and tables letting you know which jurisdictions have adopted those uniform laws and where they can be found in that state’s code. Uniform Laws Annotated is also available on Westlaw.

Uniform & Model Laws on Lexis

Lexis does not have the Uniform Laws Annotated, but it does have some databases of uniform and model laws. To find them on Lexis, click on Statutes and Codes on the Lexis front page and then select Model Acts and Uniform Laws.

The Uniform Law Commission

The Uniform Law Commission also has a website where you can access uniform laws information. While this is a good source to find drafts of uniform laws and jurisdictions adopting uniform laws, it is not a good source to find case law interpreting those uniform laws. For case law, you want to use that Uniform Laws Annotated or go to your state annotated codes.

HeinOnline American Law Institute Library

HeinOnline has an archival collection of uniform laws. The archive publications include the Handbook, Annual Conference Proceedings, Uniform Evidence Rules, and texts of many uniform laws, listed in alphabetical order by subject.

More Resources on Uniform Laws

For more on researching uniform laws, check out our guide, Advanced Legal Research: Researching Statutes, 50-State Surveys, Uniform Laws & Municipal Codes, or our Uniform & Model Laws Video.

July Is Disability Pride Month!

Disability Pride Flag

Disability Pride Flag. A black flag with a lightning bolt of blue, yellow, white, red, and green. Source: Ann Magill/Public Domain

About Disability Pride Month

Disability Pride Month is an annual worldwide observance holiday during the month of July. It promotes awareness of disability as an identity, a community, a culture & the positive pride felt by disabled people. It directly challenges systematic ableism and discrimination.

5 More Resources on Accessibility & Disability Issues

ABA Commission on Disability Rights, Planning Accessible Meetings and Events: A Toolkit(PDF) (2015)

Planning fully accessible meetings and events might at first glance seem overwhelming, but with proper planning can become second nature. An effective approach begins with raising planners’ awareness of disability diversity within the legal profession, as well as the barriers that limit or preclude participation by persons with disabilities. This toolkit is intended to assist entities in planning meetings and events that are accessible to persons with disabilities. It provides recommendations and checklists for all phases of a meeting or an event, from choosing the venue to promotion, registration, presentations, materials, social events, meals, and staff and volunteer training.

US Department of Justice, Web Page Accessibility Checklist

This Checklist is based on the September 18, 1998 Working Draft of the Web Content Accessibility Guidelines(2) of the World Wide Web Consortium’s (“W3C”) Web Accessibility Initiative (“WAI”). This Checklist should help you evaluate the extent to which Web pages are accessible to most people with disabilities.

UC Accessibility Network, How to Create Accessible Microsoft Word Documents

Provides strategies for creating accessible Microsoft Word documents and resources for using the Accessibility Checker on Word.

UC Accessibility Network, Accessibility Microsoft PowerPoint Presentations

Provides strategies for creating accessible PowerPoint presentations and resources for using the Accessibility Checker on PowerPoint.

UC Accessibility Network, PDF Documents

PDFs are the most challenging file formats for accessibility. This page provides guidance on how to create, remediate and select alternative formats that are more accessible than a PDF.

 

This Week in the Law Library …

This week in the Law Library, we look at five more resources to help you prepare for the Bar Exam, summer legal research tips on researching statutes from multiple jurisdictions, and we explore Disability Pride Month.

Bar Exam Preparation

The Bar Exam is not a sprint, it’s a marathon so pace yourself! Check out this week’s Bar Exam Resource highlights below.

ABA Journal Articles on the Bar Exam

The ABA Journal has over 400 online articles tagged with the topic Bar Exam. Browse all of them or take a look at these articles:

Debra Cassens Weiss, These Factors Help Predict whether a Law Grad Will Pass the Bar on the First or Second Try, Study Says, ABA Journal (May 24, 2021)

Stephanie Francis Ward, Recent Bar Admittees Offer Study Strategies to Stay Focused in Stressful Times—Including the Pandemic (Sept. 15, 2020)

Stephanie Francis Ward, Studying for the Bar? Put Down the Phone—or Not, ABA Journal (May 22, 2018)

Stephanie Francis Ward, How to Prepare for another Try at the Bar Exam (Podcast with Transcript), ABA Journal (Jan. 4, 2017)

ABA Law Student Division, 30 Tips in 30 Minutes: Bar Exam Prep (Youtube)

New lawyers who successfully prepared for and passed their bar exams will share tips on: (1) Study Schedule; (2) Mindset and Attitude; (3) Practice Tests; (4) Exam Week; (5) Exam Day. You can also view previous years.

ABA Section of Litigation, The Fight-or-Flight Plight: Staying Calm During Bar Exam Prep (Podcast)

Take 15 minutes to learn how to suppress your fight-or-flight response in times of extreme stress – like the bar exam. This ABA Section of Litigation podcast, part of its Sound Advice series, features Matt McCusker, an expert in witness preparation with a background in industrial-organizational psychology, who offers essential test-taking and stress-management strategies for bar takers.

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

The Bar Exam Toolbox podcast helps bar takers pass with less stress and anxiety. Hosted by bar exam experts Lee Burgess and Alison Monahan, the Bar Exam Toolbox podcast covers a wide variety of topics, ranging from how to learn and memorize all the law you need to know for the bar exam, to how to write a passing essay, to how to get bar exam accommodations. If you’re struggling with the bar exam, or work with students who are, tune in for practical strategies for bar exam success!

Professor Seth C. Oranburg, Crushing the Bar Exam: How to Answer Multiple Choice Questions (for Law Students) (Youtube)

Many law students approach multiple choice questions the wrong way on exams and the bar. This video will teach you how to answer multiple choice questions the right way: first, narrow the scope of the problem. Then, read the facts and apply the rules of law. This short video illustrates this approach as Professor Oranburg walks you through the thought process with an MBE (bar-style) question.

Visit our Bar Exam Research Guide for additional bar exam resources.

Summer Legal Research Tips

Last week we looked at updating and validating statutes. This week we’re going to look at 50-State surveys. Lawyers and law professors love to give their law clerks and research assistants projects to research the law in multiple jurisdictions. This can be a labor intensive process, as well as be difficult to compile. Different statutes can use different language to describe the same thing and you won’t know what terms each jurisdiction uses. Look at drunk driving statutes as an example. Some call it driving while intoxicated (DWI), some call it operating while intoxicated (OWI), some call it driving under the influence (DUI), etc. If someone had already done all or part of the work for you, why not take advantage of that? Below are some resources to help you with this type of work.

50-State Statutory Surveys General Resources

LexisNexis 50 State Surveys, Statutes & Regulations

LexisNexis 50 State Surveys, Statutes & Regulations provide instant comparison of states’ treatment of topical issues, linked to governing provisions on Lexis and prefaced by an examination of federal context and state themes.

National Conference of State Legislatures 50-State Searchable Bill Databases

NCSL provides research, technical assistance and opportunities for policymakers to exchange ideas on state issues. NCSL’s searchable bill tracking databases. Select a topic listed below to find complete bill information. The status of bills listed in most of these databases is updated every week. Search by subtopics, year, status (e.g., pending, enacted, to governor, etc.) or enter keywords to identify bills.

National Survey of State Laws (on HeinOnline)

Provides an overall view of some of the most-asked about and controversial legal topics in the United States: abortion, the right to die, gun control, prayer in public schools, marijuana, marriage, personal income tax, drunk driving, capital punishment, right to work, lemon law, leases and other agreements, child custody, legal ages, and many other areas. Each section begins with a general overview followed by a table that briefly summarizes each state’s statutes on particular aspects of the law. References to the statute or code section covering that law are also presented, enabling users who are interested in reading the original text to easily find it. The appendix, Statutory Compilations Used in This Book, provides the abbreviations and full names of each state code.

Subject Compilations of State Laws (on HeinOnline)

Subject Compilation of State Laws provides citations to law review articles, books, and other sources in which state statutes are compared. You can search or browse the subject index.

Westlaw 50-State Surveys

50 State Surveys provides access to state and federal statutes, covering topics of law such as garnishment, attachment and judgment execution requirements, durable powers of attorney, cancellation and nonrenewal of insurance policies and premiums,etc.

Find More 50-State Surveys

Also check association websites that advocate or deal with specific statutory issues. Just be aware of potential association bias and the need to verify and update. For more resources, check out our 50-State Surveys & Statutory Compilations Research Guide and our 50-State Surveys Video.

July Is Disability Pride Month!

Disability Pride Flag

Disability Pride Flag. A black flag with a lightning bolt of blue, yellow, white, red, and green. Source: Ann Magill/Public Domain

About Disability Pride Month

Disability Pride Month is an annual worldwide observance holiday during the month of July. It promotes awareness of disability as an identity, a community, a culture & the positive pride felt by disabled people. It directly challenges systematic ableism and discrimination.

5 Resources on Accessibility & Disability Issues

ABA & Burton Blatt Institute, First Phase Findings From a National Study of Lawyers With Disabilities and Lawyers Who Identify as LGBTQ+ (PDF)

A new national study by the ABA, in collaboration with the Burton Blatt Institute at Syracuse University, finds lawyers who identify as disabled and LGBTQ+ report experiencing both subtle and overt forms of discrimination at their workplaces, with common reports of subtle but unintentional bias.

ABA-CDR Spotlight

The ABA-CDR Spotlight is a feature that highlights an attorney or law student with a disability who is an asset to the profession. Participants come from all practice areas and all work environments. There are also various types of disabilities represented. Profiles often describe the individual’s work experience and disability. Many of our Spotlights offer advice and insight into the legal profession from the perspective of an individual with a disability.

ABA Commission on Disability Rights, Inclusive Technology: Enabling Accessibility at Work and in Our Digital Lives (YouTube)

On October 15th, 2019, in honor of National Disability Employment Awareness Month, the ABA Commission on Disability Rights hosted a training on inclusive technology. The speakers, Jonathan Avila (Chief Accessibility Officer, Level Access) and Angela Matney (CIPP/US, Associate, Loeb & Loeb LLP) addressed how to use inclusive technology, and what to take into account when designing workplaces, digital spaces, and programs to ensure that nobody is left out.

Annual Disability Statistics Compendium

The Annual Disability Statistics Compendium, Annual Disability Statistics Supplement, and State Reports for County-level Data are web-based tools that pool disability statistics published by various federal agencies together in one place.

Census Bureau Disability Statistics

The Census Bureau collects data on disability primarily through the American Community Survey (ACS) and the Survey of Income and Program Participation (SIPP).

Pride Month Resources Recap

June is Pride Month and all of this month we have been highlighting resources to learn more about the history behind Pride Month and LGBTQ+ issues. Below we recap those resources.

Pride Month 2021 Text Across Pride Flag

About Pride Month

Pride Month is commemorated each year in the month of June to honor the 1969 Stonewall uprising in New York City. The Stonewall Inn was a popular gay bar that police raided on Jun 28, 1969. The raid resulted in days of protest and the uprising is often cited as a catalyst for LGBTQ+ activism.

Pride Month Resources

ABA & Library of Congress Resources

ABA 21 Day Pride Month Challenge

The ABA Diversity and Inclusion Advisory Council invites you to participate in their 21 Day Pride Month Challenge, during which we will immerse ourselves in resources to help support building habits toward Pride learning. Sign up page

ABA Commission on Sexual Orientation & Gender Identity LGBTQ+ Webinars

The ABA Commission on Sexual Orientation & Gender Identity presents four webinars on LGBTQ+ issues:

  1. Allyship to Trans People in the Legal Profession
  2. Combatting LGBT Implicit Bias in the Legal Profession
  3. Sexual Orientation: The Legal Case for Coverage Under Title VII
  4. Title VII US Supreme Court Decision: A Discussion and Analysis

 

Library of Congress, LGBTQ+ Resources in Business and the Workplace, Data and Statistics

The following external websites, subscription databases, and books provide information on demographics, statistics, and other data related to the LGBTQ+ community.

Cincinnati Events

Cincinnati Pride Month Community Calendar

Cincinnati Pride was born spring of 1973 in Cincinnati and annually celebrates the first public pride celebration in Greater Cincinnati held in April 6 – 8, 1973. Join the celebration at these events!

Selected Databases

Gender Studies Database

Gender Studies Database¸ produced by NISC¸ combines NISC’s popular Women’s Studies International and Men’s Studies databases with the coverage of sexual diversity issues. GSD covers the full spectrum of gender-engaged scholarship inside and outside academia. This database includes more than 696¸750 records with coverage spanning from 1972 and earlier to present.

Gender Watch

A mostly full-text collection of newspapers, magazines and journals related to women’s studies, men’s studies, and gender and gay/lesbian issues. A rich collection of articles, editorials, columns, reviews, etc. provides a broad diversity of perspectives and viewpoints.

LGBT Thought and Culture

LGBT Thought and Culture is an online resource hosting books¸ periodicals¸ and archival materials documenting LGBT political¸ social and cultural movements throughout the twentieth century and into the present day. Supported by the Charles Phelps Taft Research Center.

LGBTQ+ Source

LGBTQ+ Source (formerly LGBT Life, formerly GLBT Life) is an index to the world’s literature regarding gay¸ lesbian¸ bisexual and transgender issues. This database contains indexing and abstracts for more than 120 LGBTQ+-specific core periodicals and over 230 LGBTQ+-specific core books and reference works. The product also contains data mined from over 40 priority periodicals and over 1¸700 select titles¸ as well as full text for 50 of the most important and historically significant LGBTQ+ journals¸ magazines and regional newspapers¸ and dozens of full text monographs. The database includes comprehensive indexing and abstract coverage as well as a specialized LGBTQ+ Thesaurus containing over 6¸300 terms.

LGBT Open Access Books

The Directory of Open Access Books (DOAB) is a discovery service for open access books. DOAB provides a searchable index to peer-reviewed monographs and edited collections published under an open access licence, with links to the full texts of the publications at the publisher’s website or repository. Researchers can use DOAB to access free to read monographs and edited volumes by searching and browsing the directory.

Selected E-Books

Michael Bronski, A Queer History of the United States (e-book – requires UC authentication)

A Queer History of the United States abounds with startling examples of unknown or often ignored aspects of American history-the ineffectiveness of sodomy laws in the colonies, the prevalence of cross-dressing women soldiers in the Civil War, the impact of new technologies on LGBT life in the nineteenth century, and how rock music and popular culture were, in large part, responsible for the devastating backlash against gay rights in the late 1970s. Most striking, Bronski documents how, over centuries, various incarnations of social purity movements have consistently attempted to regulate all sexuality, including fantasies, masturbation, and queer sex. Resisting these efforts, same-sex desire flourished and helped make America what it is today

David Eisenbach, Gay Power: An American Revolution (e-book – requires UC authentication)

While stiff opposition still resists granting LGBTQ+ people equal rights, the American political and social sea change embracing much of the gay rights agenda began four decades ago when a few brave activists set out to challenge a vast anti-homosexual matrix of stereotypical media images, discriminatory laws, and repressive social mores. Gay Power explores the history of this American revolution.

Martha C. Nussbaum, From Disgust to Humanity : Sexual Orientation and Constitutional Law (e-book – requires UC authentication)

A distinguished professor of law and philosophy at the University of Chicago, a prolific writer and award-winning thinker, Martha Nussbaum stands as one of our foremost authorities on law, justice, freedom, morality, and emotion. In From Disgust to Humanity, Nussbaum aims her considerable intellectual firepower at the bulwark of opposition to gay equality: the politics of disgust. Nussbaum argues that disgust has long been among the fundamental motivations of those who are fighting for legal discrimination against lesbian and gay citizens. When confronted with same-sex acts and relationships, she writes, they experience “a deep aversion akin to that inspired by bodily wastes, slimy insects, and spoiled food–and then cite that very reaction to justify a range of legal restrictions, from sodomy laws to bans on same-sex marriage.” Nussbaum believes that the politics of disgust must be confronted directly, for it contradicts the basic principle of the equality of all citizens under the law. In its place she offers a “politics of humanity,” based not merely on respect, but something akin to love, an uplifting imaginative engagement with others, an active effort to see the world from their perspectives, as fellow human beings. Combining rigorous analysis of the leading constitutional cases with philosophical reflection about underlying concepts of privacy, respect, discrimination, and liberty, Nussbaum discusses issues ranging from non-discrimination and same-sex marriage to “public sex.”

C. Riley Snorton, Black on Both Sides : A Racial History of Trans Identity (e-book — requires UC authentication)

The story of Christine Jorgensen, America’s first prominent transsexual, famously narrated trans embodiment in the postwar era. Her celebrity, however, has obscured other mid-century trans narratives–ones lived by African Americans such as Lucy Hicks Anderson and James McHarris. Their erasure from trans history masks the profound ways race has figured prominently in the construction and representation of transgender subjects. In Black on Both Sides, C. Riley Snorton identifies multiple intersections between blackness and transness from the mid-nineteenth century to present-day anti-black and anti-trans legislation and violence. Drawing on a deep and varied archive of materials–early sexological texts, fugitive slave narratives, Afro-modernist literature, sensationalist journalism, Hollywood films–Snorton attends to how slavery and the production of racialized gender provided the foundations for an understanding of gender as mutable. In tracing the twinned genealogies of blackness and transness, Snorton follows multiple trajectories, from the medical experiments conducted on enslaved black women by J. Marion Sims, the “father of American gynecology,” to the negation of blackness that makes transnormativity possible. Revealing instances of personal sovereignty among blacks living in the antebellum North that were mapped in terms of “cross dressing” and canonical black literary works that express black men’s access to the “female within,” Black on Both Sides concludes with a reading of the fate of Phillip DeVine, who was murdered alongside Brandon Teena in 1993, a fact omitted from the film Boys Don’t Cry out of narrative convenience. Reconstructing these theoretical and historical trajectories furthers our imaginative capacities to conceive more livable black and trans worlds.

Marc Stein, The Stonewall Riots: A Documentary History (UC e-book — must authenticate to access)

Across 200 documents, Marc Stein presents a unique record of the lessons and legacies of Stonewall. Drawing from sources that include mainstream, alternative, and LGBTQ media, gay-bar guide listings, state court decisions, political fliers, first-person accounts, song lyrics, and photographs, Stein paints an indelible portrait of this pivotal moment in the LGBT movement. In The Stonewall Riots, Stein does not construct a neatly quilted, streamlined narrative of Greenwich Village, its people, and its protests; instead, he allows multiple truths to find their voices and speak to one another, much like the conversations you’d expect to overhear in your neighborhood bar.

Yvonne Zylan, States of Passion: Law, Identity, and Social Construction of Desire (e-book — requires UC authentication)

This book explores the role of legal discourse in shaping sexual experience, sexual expression, and sexual identity. The book focuses on three topics: anti-gay hate crime laws, same-sex sexual harassment, and same-sex marriage, examining how sexuality is socially constructed through the institutionally-specific production of legal discourse. The book argues that the law’s power to authorize specific discourses and practices of love, desire, hatred, fear, and vulnerability remain grounded in the powerful discourses and institutional practices that mark law as dispassionate, cerebral, and fundamentally procedural. The book contends that those states of passion we experience in our daily lives as particularly significant—to our sense of self, to our collective and social identities, and to our ideas about the body and its dictates—increasingly have as much to do with the state as they do with passion.

Films, Museums & Archives

After Stonewall: America’s LGBT Movement / First-Run Features (Firm) (Films on Demand — must authenticate to access)

Narrated by Melissa Etheridge. In 1969 the police raided the Stonewall Inn, a gay bar in New York City’s Greenwich Village, leading to three nights of rioting by the city’s gay community. With this outpouring of courage and unity the Gay Liberation Movement had begun. After Stonewall, chronicles the history of lesbian and gay life from the riots at Stonewall to the end of the century. It captures the hard work, struggles, tragic defeats and exciting victories experienced since them. It explores how AIDS literally changed the direction of the movement.

Films on Demand — Featured This Month (must authenticate to access)

This month’s featured films on Films on Demand highlight LGBTQ+ issues.

Gay, Lesbian, Bisexual, Transgender (GLBT) Historical Society Archives Digital Collections

Search thousands of photographs, audiovisual recordings, documents and periodicals.

Lesbian Herstory Archives

The Lesbian Herstory collects material by and about all Lesbians, acknowledging changing concepts of Lesbian identities. All expressions of Lesbian identities, desires and practices are important, welcomed and included. The goal is to document the widest range of Lesbian experience from all geographic, cultural, political and economic backgrounds and historical contexts, not just the lives of the famous or the published.

PBS American Experience, Stonewall Uprising: The Year that Changed America

This PBS film explores the dramatic event that launched a worldwide rights movement. Told by those who took part, from drag queens and street hustlers to police detectives, journalists and a former mayor of New York, and featuring a rich trove of archival footage, this film revisits a time when homosexual acts were illegal throughout America, and homosexuality itself was seen as a form of mental illness. When police raided Stonewall on June 28, 1969, gay men and women did something they had not done before: they fought back. As the streets of New York erupted into violent protests and street demonstrations, the collective anger announced that the gay rights movement had arrived.

 

 

This Week in the Law Library …

This week in the Law Library, we remind everyone we’ll be closed July 4th and 5th, look at five more resources to help you prepare for the Bar Exam, summer legal research tips on updating and validating statutes, Ohio Supreme Court oral arguments, and continue celebrating Pride Month.

Library & Building Hours

hand_holding_American_flag_and_sparkler

The College of Law Building and the Law Library will be closed July 4-5, 2021 to celebrate Independence Day. Although the physical spaces will be closed, all of our online resources will still be available!

Bar Exam Preparation

The Bar Exam is not a sprint, it’s a marathon so pace yourself! Check out this week’s Bar Exam Resource highlights below.

The Exam Pro Workbook Revised

Available through the West Academic study aid subscription. Based on the premises that the bar exam essay is often different in style, length, and scoring from the law school exam essay and that organization and issue identification can best be achieved by a structured, strategic approach rather than “winging it,” this book uses frameworks as a guide to writing a top-notch essay. The opportunity to practice techniques allows students to further improve their writing.

A Short and Happy Guide to the Bar Exam’s Multistate Essay Examination (MEE) by Suzanne D. Darrow-Kleinhaus; Irene McDermott Crisci

Available through the West Academic study aid subscription, A Short & Happy Guide to the MEE is shorter than other books on the bar exam because its sole focus is the Multistate Essay Examination. This book is not intended to replace a bar review course for the substantive law you need to know to pass the bar exam. This book teaches you about preparing for and taking the MEE to achieve the highest possible essay scores, beginning with how to use the individual Subject Charts (organized by MEE subject) and Table of Issues (organized by bar administration). These charts identify every issue and sub-issue tested on the MEE over the past 14 years, thus letting you see the frequency of tested topics and gain familiarity with how they are tested. When combined with our unique strategies for writing under timed conditions, developing a well-organized answer, and writing a solid analysis, you are ready to write your way to bar passage.

A Short and Happy Guide to Conquering the MBE by Don Doernberg; Cynthia Pope

Available through the West Academic study aid subscription. The Multistate Bar Exam is intimidating because it covers a wide array of subjects and because it is all multiple-choice questions. If you feel overwhelmed by all the subjects and the nuances of them and have never liked multiple-choice questions, particularly in law school, then this book is precisely what you need. Practice multiple-choice questions can serve two purposes. The more common is that they allow you to have some sense of how you are doing–an assessment function. The less common but far more useful function is that they provide a structured study method for review of material. Few students use them that way, but those who do reap great rewards. This small volume will show you how to use practice multiple-choice questions to greatest advantage. That involves changing the way you approach those questions. Conquering the MBE gives you a step-by-step process for attacking every multiple-choice question in every MBE subject, with lots of examples. You will discover that most questions offer review of four concepts rather than just one, and they do so on concrete contexts, not in the abstract. You will also discover that when you do this step-by-step review, one answer, and only one answer, is correct.

The Zen of Passing the Bar Exam by Chad Noreuil

Available through the LexisNexis Digital Library, The Zen of Passing the Bar Exam offers a comprehensive approach to studying for (and passing) the bar exam, drawing a parallel between how one should approach the bar exam, and how Zen principles teach one to approach life. Each section of the book offers a Zen quote to introduce concepts that can be applied to studying for the bar exam in order to maximize your chances of passing. Zen teaches that in order to reach enlightenment, one must strive to be balanced, know your true self, know your universe, and stay focused on your path. Similarly, in order to reach the ”enlightenment” of passing the bar exam, one must have the attributes of balance (between studying and other aspects of life, as well as balancing your study time between subjects, and between essays, MBE questions, etc.), knowing your true self (what type of essay writer you are, what type of learner you are, what type of exam taker you are, etc.), knowing your universe (knowing the law, how the questions are constructed, what to look for, etc.), and staying focused on your path (when to study, what to do when you are stressed/panicked, what to do when you don¿t know a subject very well, etc.). In addition to offering a comprehensive approach to studying for the bar exam, the book also offers specific, practical advice for doing well on both the essay and MBE portions of the bar exam. The book outlines specific organizational/formatting tips for how to write effective (and efficient) essays under bar exam time constraints. The book provides many exercises, examples, and model answers applicable to any state’s bar exam.

Mastering Multiple Choice for Federal Civil Procedure MBE Bar Prep and 1L Exam Prep by William M. Janssen; Steven F. Baicker-McKee

Available through the West Academic study aid subscription. Need a little practice with multiple choice questions in federal civil procedure? This third edition (expanded by 28% with new questions, new answers, and new explanations) encompasses material reflecting the Civil Procedure Rule amendments of December 2015, December 2016, and December 2018, along with applicable new case law. This multiple choice practice book is designed for: (a) bar exam takers, who are preparing to take the MBE multiple choice bar exam (Civil Procedure was added in 2015 as a multiple choice testing topic), and (b) 1L law students, who are preparing to take their course examinations. This practice book offers practical, easy-to-follow advice on multiple choice exam-taking strategies, clear suggestions on effective multiple choice practicing techniques, and a robust set of Civil Procedure multiple choice practice questions with answers and explanations (designed to simulate MBE-style questions). Tables help users decode the tested-topic for each practice question.

Summer Legal Research Tips

Last week we looked at researching a statutory issue using the annotated code. This week we’re going to look at making sure your statute is current and that it is still good law. Although annotated codes are typically very current, you still want to make sure that there is no new legislation impacting your statute. Always check the date of the code – be aware that even if it is online, it may not be current. Pay attention to any notes on the screen regarding update warnings. Codes can be superseded by new code versions or case law can declare that a statutory section is invalid.

Citators

When making sure your statute is still good law, you’ll want to use a citator. A citator tells you which legal materials have cited your statute. Primarily, you’ll be looking to see if your statute has been significantly amended, declared unconstitutional, repealed, superseded or preempted. Citators use signals to tell you whether or not something has received negative, positive, or neutral treatment by the sources citing your statute. The Lexis citator is known as Shepards, the Westlaw citator is known as KeyCite, and the Bloomberg Law citator is known as B-Cite.

Checking the Currency of a Statute

To check the currency of a statute, look for the number of the last session law integrated into the code. The location of this currency statement will vary. In Lexis it is near the top of the page, in Westlaw it will be near the bottom of the page. An example of an Ohio statute currency statement found on Lexis or Westlaw would be “current through File 27 of the 134th General Assembly (2021-2022).ed.” An example of a Federal statute currency statement would be “current through Pub. L. 117-17.” Any law passed since the session law listed will not be reflected in the text of the code. You can update your code with newer session laws by using a legislative service (on Lexis and Westlaw) or checking the jurisdiction’s session laws online.

How to Tell if a Statute Is Still Good Law

A red flag in Westlaw indicates that a section has been amended or repealed by a session law or that it has been declared unconstitutional or preempted. In Lexis, the red circle with an exclamation point indicates that a section has strong negative treatment. Such negative treatment would be that it has been amended or repealed, limited, or that it has been declared unconstitutional or void. When your statute has a red signal, be sure an pull up the text of the recently enacted law or of the case to see if it applies to the issue you are researching and if it is binding on your jurisdiction.

A yellow flag in Westlaw indicates that the statute has been renumbered or transferred by a recent session law; that an uncodified session law or proposed legislation affecting the statute is available; that the statute was limited on constitutional or preemption grounds; that its validity was otherwise called into doubt; or that a prior version of the statute received negative treatment from a court. In Lexis, the upside down yellow triangle with an exclamation point indicates that there is pending legislation that could amend your statute. A yellow triangle in Lexis indicates there is some negative treatment, such as it has been criticized. When your statute has a yellow signal, be sure and pull up the text of the session law or proposed legislation or case to see if they are relevant to your issue.

Additional Resources for Updating & Validating Statutes

If you need further help on updating and validating a statute, here are some additional resources:

Researching Statutes: Using Citators for Validation & Research Video

Shepards Statutes Reports on Lexis Advance (PDF)

How to Check the Status of a Statute Using KeyCite (PDF)

June Is Pride Month!

Pride Flag

About Pride Month

Pride Month is commemorated each year in the month of June to honor the 1969 Stonewall uprising in New York City. The Stonewall Inn was a popular gay bar that police raided on Jun 28, 1969. The raid resulted in days of protest and the uprising is often cited as a catalyst for LGBTQ+ activism.

5 More Pride Month Resources

Gender Studies Database

Gender Studies Database¸ produced by NISC¸ combines NISC’s popular Women’s Studies International and Men’s Studies databases with the coverage of sexual diversity issues. GSD covers the full spectrum of gender-engaged scholarship inside and outside academia. This database includes more than 696¸750 records with coverage spanning from 1972 and earlier to present.

Gender Watch

A mostly full-text collection of newspapers, magazines and journals related to women’s studies, men’s studies, and gender and gay/lesbian issues. A rich collection of articles, editorials, columns, reviews, etc. provides a broad diversity of perspectives and viewpoints.

LGBT Thought and Culture

LGBT Thought and Culture is an online resource hosting books¸ periodicals¸ and archival materials documenting LGBT political¸ social and cultural movements throughout the twentieth century and into the present day. Supported by the Charles Phelps Taft Research Center.

LGBTQ+ Source

LGBTQ+ Source (formerly LGBT Life, formerly GLBT Life) is an index to the world’s literature regarding gay¸ lesbian¸ bisexual and transgender issues. This database contains indexing and abstracts for more than 120 LGBTQ+-specific core periodicals and over 230 LGBTQ+-specific core books and reference works. The product also contains data mined from over 40 priority periodicals and over 1¸700 select titles¸ as well as full text for 50 of the most important and historically significant LGBTQ+ journals¸ magazines and regional newspapers¸ and dozens of full text monographs. The database includes comprehensive indexing and abstract coverage as well as a specialized LGBTQ+ Thesaurus containing over 6¸300 terms.

LGBT Open Access Books

The Directory of Open Access Books (DOAB) is a discovery service for open access books. DOAB provides a searchable index to peer-reviewed monographs and edited collections published under an open access licence, with links to the full texts of the publications at the publisher’s website or repository. Researchers can use DOAB to access free to read monographs and edited volumes by searching and browsing the directory.

 

June 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, June 29, 2021

Wednesday, June 30, 2021