This Week in the Law Library …

This week in the Law Library we’re teaching technology in law practice, preparing for final exams, continuing to celebrate American Indian and Alaska Native Heritage Month, and previewing United States Supreme Court oral arguments.

This Week’s Library Sessions

Tuesday, November 28, 2023

Technology in Law Practice

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

Thursday, November 30, 2023

Technology in Law Practice

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

Final Exams Are Coming And We Can Help!

Stressed about exams? The Law Library can help! The Law Library has many resources to help you prepare for final exams, including 24/7 access to online study aids. These study aids can be an important tool to help you succeed in law school but the different types of study aids serve different purposes. Check out our Exam Study Guide for a look at the different study aid types to which we subscribe and how they can help you with exams.

Looking for a place to study? Reserve a study room through TWEN or study in the carrels in the basement, the second floor Law Library Reading Room, the fourth floor Quiet Reading Room, or the open seating on the fifth floor.

When you’re ready for a short break or need to decompress, the Law Library offers puzzles and coloring pages and colored pencils in room 110, the Law Library Services Suite. Best of luck to everyone!

Selected Study Aids to Help with Review & Outlining

There are issues with using commercial outlines. Your professor is emphasizing different things. You miss nuances and context. Reading an outline is not an effective learning technique. Studies have shown that if the reader has to decide which material is most important and has to think about the meaning of the text and how the different pieces relate to one another, they perform better on tests later.[1] Also, studies have shown that “writing about the important points in one’s own words produced a benefit over and above that of selecting important information….”[2] So, if you are using commercial outlines, be sure and use the review questions and practice tests. You may find it helpful to look at other outlines for structure. But be aware that each of your professors may have different ideas of what is important and what is not. Tailor your outline to the class. Also, each class is different from year to year so relying solely on other people’s past outlines may not be a good idea. Don’t just read the outline. Use it as a guide but make your own!

Outlining Basics

Available through CALI, this CALI lesson teaches you why, when and how to create outlines when preparing for your law school exams. On completion of the lesson, the student will be able to: 1. Recognize the importance of outlines as a learning and test preparation tool in law school, thus making the outlining exercise more valuable. 2. Develop outlines during an optimum timeline. 3. Create outlines that offer the student a tool that improves comprehension, synthesis, and exam performance.

Black Letter Outlines

Available through the West Academic study aid subscription, the Black Letter Outline Series is designed to help students recognize, understand and master the primary principles of law by gaining a good understanding of the rule of law first before applying it to complex fact patterns. They contain comprehensive outlines of particular areas of law, a capsule summary of each outline, practice examinations, and examples and review questions.

Emanuel Law Outlines

Available through the Aspen Learning Library subscription, the Emanuel Law Outlines series is a study aid that outlines the law, gives exam tips, and offers chances for you to quiz yourself.

Gilbert Law Summaries

Available through the West Academic study aid subscription, Gilbert Law Summaries give students a detailed, comprehensive outline to prepare for exams. Each title also includes a capsule summary that is perfect for last minute review. Students can also test their knowledge.

Quick Review (Sum and Substance)

Available through the West Academic study aid subscription, this series contains capsule summary outlines each section with a clear and concise explanation of legal concepts and terms, along with exam hints, strategies, mnemonics, charts, tables and study tips.

Be sure and see our Exam Study Guide for more information!

American Indian and Alaska Native Heritage Month

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

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

American Indian Histories and Cultures

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

Bibliography of Native North Americans

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

Native American Heritage Month Selected Audio & Video

Selected audio and video from the Library of Congress, National Archives, National Endowment for the Humanities, National Park Service, and Smithsonian Institution.

PBS, What to Watch this Native American and Alaska Native Heritage Month

You can learn more about the diverse experiences of Native Americans and Alaska Natives with this collection of documentaries. You can stream these films and shows and more on PBS.org or on the PBS App.

Independent Voices: Native Americans

Independent Voices is an open access digital collection of alternative press newspapers, magazines and journals, drawn from the special collections of participating libraries. The late 1960s and early 1970s saw an increase of Native American activism and the rise of “Red Power” as an activist movement demanding greater educational and economic opportunities and tribal rights. At the same time, U.S. policy toward Native American tribes provided greater opportunities for indigenous people to manage local government and local issues. This led to the establishment of an active Native American press, with publications like NARP Newsletter, Many Smokes, and Native Movement, that championed such key issues as Native American rights, religious freedom, equal education, and preserving community, language and tribal sovereignty.

November Arguments at the United States Supreme Court

US Supreme Court - corrected

From SCOTUS Blog:

November 27, 2023

Brown v. United States – whether the “serious drug offense” definition in the Armed Career Criminal Act incorporates the federal drug schedules that were in effect at the time of the federal firearm offense or the federal drug schedules that were in effect at the time of the prior state drug offense.

November 28, 2023

McElrath v. Georgia – whether the double jeopardy clause of the Fifth Amendment prohibits a second prosecution for a crime of which a defendant was previously acquitted.

Wilkinson v. Garland – whether an agency determination that a given set of established facts does not rise to the statutory standard of “exceptional and extremely unusual hardship” is a mixed question of law and fact reviewable under 8 U.S.C. § 1252(a)(2)(D), or whether this determination is a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i).

November 29, 2023

Sec. & Exch. Comm’n v. Jarkesy – (1) whether statutory provisions that empower the Securities and Exchange Commission to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; and (3) whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.

Footnotes

  1. John Dunlosky, et al., Improving Students’ Learning with Effective Learning Techniques: Promising Directions from Cognitive and Educational Psychology, 14 Psychol. Sci. Pub. Int. 4, 19 (2013).
  2. Id. at 15.

Just In Time for Black Friday-Check Out Our Consumer Law Resources!

Bloomberg Consumer Finance Law and Compliance 

Franklin County Law Library Research Guide 

Hamilton County Law Library Consumer Law Research Guide 

Lexis Anderson’s Ohio Consumer Law Practice Manual 

Ohio Attorney General Consumer Law Overview 

Westlaw Baldwin’s Ohio Consumer Law Handbook 

Westlaw Practical Law Commercial Transactions Resource Page 

Westlaw Practical Law Retail Resource Page 

VitalLaw Banking and Consumer Finance Resources 

 

 

Thanksgiving Is Approaching: Check Out Our Family Law Resources

Thanksgiving is next week, and many of us will be spending time with our familes. Family law is a fascinating area of law. Check out these resources:

Hamilton County Law Library Child Custody Research Guide

Law Library Family Law Research Guide

Library of Congress Family Law Research Guide 

Lexis Family Law Resources

Ohio State Bar Association Family Law Information 

Westlaw Family Law Resources 

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.

Happy Veteran’s Day!

Today we honor all of these who have served our country. Check out our links below for resources on Military Law.

Gale US Declassified Docments Online 

HeinOnline Mililtary and Government Database

HeinOnline Military Legal Resources (US Army Jag School) 

Lexis Military Law and Military Justice Resources 

ProQuest Digital National Security Archive 

Westlaw Miltary Law Resources 

West Academic Military Law in a Nutshell 

This Week in the Law Library …

This week in the Law Library we’re teaching statutes and technology in law practice, as well as reminding you to vote, honoring our veterans, continuing to celebrate American Indian and Alaska Native Heritage Month, and previewing US Supreme Court oral arguments.

This Week’s Library Sessions

Tuesday, November 7, 2023

Technology in Law Practice

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

Thursday, November 9, 2023

Lawyering I, sec. 4

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

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
Researching Statutes

Vote!

Vote America Every Vote Counts

November 7th is election day! Have you voted yet? If not, please vote tomorrow! Elections matter, even non-presidential ones, and so does your vote. Need voter information? You can find links to resources in our Election Law Guide or check out the resources below:

MyOhioVote.com

State of Kentucky Voting Website

State of Indiana Voting Website

Veterans Day

Honoring All Who Served Veterans Day

This Friday Veterans Day is observed. 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 16,200,322 million veterans in 2022. There were an estimated 602,318 veterans in Ohio in 2022. Thank you to all who have served!

The College of Law will hold classes and the Law Library will be open on Veteran’s Day.

Featured Study Aids

Election Law in a Nutshell

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

Understanding Election Law and Voting Rights

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

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

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

Featured Guide

Election Law Guide

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

Featured Video

Election Law Program Videos for Judges & Journalists

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

Featured Database

CQ Press Voting and Elections Collection

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

Featured Treatise

America Votes! A Guide to Modern Election Law & Voting

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

Featured Website

Federal Election Commission

American Indian and Alaska Native Heritage Month

American Indian and Alaska Native Heritage Month

This month is American Indian and Alaska Native Heritage Month! Celebrate with us as we explore the contributions and history of the Native people in the United States of America.

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

ABA, Celebrating Legal Trailblazers (PDF)

This ABA publication highlights Native American legal trailblazers.

ABA Commission on Women in the Profession & the National Native American Bar Association, Excluded and Alone: Examining the Experiences of Native American Women in the Law and a Path Towards Equity (PDF)

Nearly a decade after NNABA’s comprehensive research on Native American attorneys was released, the American Bar Association Commission on Women in the Profession and
NNABA have collaborated to release what is only the second research study focused solely on Native American attorneys – and the first focused on Native American female lawyers. This research builds on the 2015 NNABA study, delving deeper into the unique experiences of Native American women who navigate the intersection of tribal identity, race, and gender in the legal profession. This study also explores the generational perspectives of Native American women and illustrates that, while progress in advancing Native American women in the legal profession is evident, it proceeds at a glacial pace.

ABA Presidential Speaker Series, Deb Haaland and Native American Women “Firsts” (Video)

This program featuring Deb Haaland, U.S. Secretary of the Interior,  and a panel of other Native American women “firsts” including Abby Abinanti (Yurok), Chief Judge, Yurok Tribe and First Native American Woman to pass the California Bar Exam; Kimberly TeeHee (Cherokee), first Delegate-designate to the U.S. House of Representatives from the Cherokee Nation and former senior policy advisor for Native American affairs in the White House; Stacy Leeds (Cherokee), Willard H. Pedrick Dean and Regents Professor of Law, Sandra Day O’Connor College of Law, and first Native American woman to serve as a law school dean; and Valerie Nurr’araluk Davidson (Yup’ik), President/CEO of the Alaska Native Tribal Health Consortium; interviewed by Makalika Naholowa’a, Executive Director, Native Hawaiian Legal Corp. and President, National Native American Bar Association (and first Native Hawaiian in this role). Sponsored by the National Native American Bar Association.

ABA 21-Day National Native American Heritage Equity Habit Building Challenge

The goal of the Challenge is to assist each of us to become more aware, compassionate, constructive, engaged people in the quest for equity, and specifically to learn more about the Native American communities. It transcends our roles as lawyers. Non-lawyers are also welcome to participate.

The National Native American Bar Association, The Pursuit of Inclusion: An In-Depth Exploration of the Experiences and Perspectives of Native American Attorneys in the Legal Profession (2015) (PDF)

In order to raise the visibility of Native American attorneys in the legal profession at large, to effectuate lasting reforms in the legal community, and to help build a better pipeline to law school, the National Native American Bar Association (NNABA) conducted the first-of-its-kind study of Native American attorneys. This research provides the first comprehensive picture of the issues confronting Native American attorneys across all settings – including private practice; government practice in state, federal and tribal arenas; the judiciary; corporate legal departments; and academia.

November Arguments at the United States Supreme Court

US Supreme Court - corrected

From SCOTUS Blog:

Monday, November 6, 2023

Dep’t Agric. Rural Dep’t Rural Hous. Serv. v. Kirt – whether the civil-liability provisions of the Fair Credit Reporting Act unequivocally and unambiguously waive the sovereign immunity of the United States.

Tuesday, November 7, 2023

United States v. Rahimi – whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face.

Wednesday, November 8, 2023

Rudisill v. McDonough – whether a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill and the Post-9/11 GI Bill is entitled to receive a total of 48 months of education benefits as between both programs, without first exhausting the Montgomery benefit in order to obtain the more generous Post-9/11 benefit.

This Week in the Law Library …

Happy Halloween!

This week in the Law Library we’re celebrating Halloween, teaching technology in law practice and heading out the Ohio Regional Association of Law Libraries Annual Meeting, We’re also continuing to raise awareness for Cybersecurity Month and Domestic Violence Awareness Month, celebrating American Indian and Alaska Native Heritage Month, and previewing US Supreme Court oral arguments.

Be sure and stop by for some treats!

2023 Marx Law Library Halloween

Don’t worry the spiders are friendly!

Skeleton at a table researching

Always remember to take breaks when studying!

This Week’s Library Sessions

Tuesday, October 31, 2023

Technology in Law Practice

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

Wednesday, November 1, 2023

LLM Research & Writing

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
Room 245
4:30pm – 6:05pm
Terms & Connectors Research

Thursday, November 2, 2023

Technology in Law Practice

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

LLM Research & Writing

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
Room 245
4:30pm – 6:05pm
Researching Statutes

Ohio Regional Association of Law Libraries

ORALL

Associate Director Susan Boland and Instructional & Reference Services Librarians Laura Dixon-Caldwell and Ashley Russell will be attending the Ohio Regional Association of Law Libraries this week and participating in the program: Where the Rubber Meets the Road: Onboarding Challenges and Best Practices.

Featured Study Aids

Family Law CALI Lessons

CALI currently offers several interactive exercises for Family Law students. 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 or at the Circulation Desk.

Family Law: Examples & Explanations

This study aid, available via the Aspen Learning Library, continues to identify and explore new trends in family law practice. It includes central topics such as alternative dispute resolution, domestic violence, alternative reproduction, premarital agreements, and professional responsibility. Analysis is first provided for a topic and then examples are given to help students understand the analysis. A series of problems at the end of each section or chapter assist you in testing your understanding. Answers are provided for these problems.

Family Law in Perspective

Available via the West Academic Study Aid subscription, this text continues the focus of providing students, practitioners, and observers with insight into the ever-changing parameters of laws pertaining to family structure and responsibilities. Specifically, this book addresses, among other topics, nonmarital cohabitation, establishment of paternity, premarital and marital contracting, assisted reproductive technology, marriage, and divorce. Recent cases and federal and state statutes address specific topics such as surrogacy agreements, division of marital and nonmarital property upon dissolution of cohabitation or divorce, child support guidelines, and establishing custody rights through parenting agreements or what is considered in the best interest of the child. And there is a continuation of discussion illustrating equal protection, liberty interest, and free exercise in the context of same-sex relationships, the safety of partners and children, and termination of parental rights and possible adoption of minors.

Understanding Family Law

Understanding Family Law, available via the LexisNexis Digital Library, includes coverage of topics such as traditional and nontraditional families, nonmarital and postmarital contracts, annulment, paternity and legitimacy, procreation rights, contraception, abortion, sterilization, artificially assisted conception, and adoption and termination of parental rights. It explains specific family law issues, such as intrafamily tort immunity and liability, medical care for child and spouse, wrongful life and wrongful birth, domestic violence, PINS, CHINS, ethical issues for the lawyer, alternative dispute resolution, equitable distribution, community property, and child custody and visitation. It also includes references to 50 states surveys so the reader can find their local law quickly.

Featured Guide

Family Law Research Guide

This guide provides a quick overview of general and law materials. It covers browsing for materials by call number range, using encyclopedias for background research and how to locate articles, textbooks, treatises, statutory law, administrative materials, agency publications, legislative histories and websites of interest.

Featured Treatise

Anderson’s Ohio Family Law

Available on Lexis, Anderson’s Ohio Family Law is a set addressing the legal issues with regard to children, marriage, the elderly, and juvenile court practice and procedure. Volume One presents an overview of family law. Volume Two of Anderson’s Ohio Family Law, Juvenile Court Practice and Procedure is a treatise designed specifically for Ohio’s judges, child welfare workers, and other individuals active with or concerned about the welfare of children.

Featured Website

The Supreme Court of Ohio Children & Families Publications & Resources

The Children & Families Section provides technical assistance, training, and policy recommendations to improve court performance in cases involving children and families.

National Domestic Violence Awareness Month

October National Domestic Violence Awareness Month
October is National Domestic Violence Awareness Month. Begun in 1981 by the National Coalition Against Domestic Violence, it is a Day of Unity to connect battered women’s advocates across the country.

More Resources to Learn More About Domestic Violence

Domestic Violence Research

The world’s largest domestic violence research data base, 2,657 pages, with summaries of 1700 peer-reviewed studies. For this project, a total of 42 scholars and 70 research assistants at 20 universities and research institutions spent two years or more researching their topics and writing the results. Approximately 12,000 studies were considered and more than 1,700 were summarized and organized into tables. The 17 manuscripts, which provide a review of findings on each of the topics, for a total of 2,657 pages, appear in 5 consecutive special issues of the peer-reviewed journal Partner Abuse. All conclusions, including the extent to which the research evidence supports or undermines current theories, are based strictly on the data collected.

The Supreme Court of Ohio, Domestic Violence Program

The Domestic Violence Program provides technical assistance and specialized resources to strengthen courts’ and justice system partners’ responses to domestic violence, stalking and sexual assault. The Program disseminates information, monitors trends, offers education, and recommends forms, rules, and standards that promote effective response to these cases.

RAND Corporation, Domestic Violence

From sexual or spousal abuse to child abuse and neglect, domestic violence entails any abusive behavior by one person to maintain power over another in a close relationship. The scope of RAND’s research on domestic violence includes its effects on families and children, the link between substance use and domestic violence, domestic violence by or against military service members, and how clinical depression and post-traumatic stress disorder may be contributing factors.

UN Women, Global Database on Violence against Women

In December 2006, the General Assembly of the United Nations adopted a comprehensive resolution calling for intensification of efforts to eliminate all forms of violence against women and requesting the Secretary-General to establish a coordinated database on the extent, nature and consequences of all forms of violence against women, and on the impact and effectiveness of policies and programs for eliminating such violence. The database was developed and launched in 2009, and was called the “UN Secretary-General’s database on violence against women”. In 2016, in accordance with the adoption of the 2030 Agenda for Sustainable Development, UN Women updated and redesigned the database and relaunched it as the “Global Database on Violence against Women”. UN Women serves as the secretariat for the database.

VAWnet, Research on Domestic Violence and the Workplace

Domestic violence can jeopardize a survivor’s ability to keep a job, typically either because of the need for time off to attend court or to receive medical care, or due to the abuser’s interference in the survivor’s ability to conduct her daily life by preventing her from going to work, harassing her at work, limiting access to money and transportation, or manipulating child-care arrangements. Survivors are therefore more likely than other women to be unemployed, to suffer from health problems that can affect employability and job performance, to report lower personal income, and to rely on public benefits (Legal Momentum, 2015). Resources listed here focus on statistics, studies, laws and information on employer responses to domestic violence in the workplace.

National Cybersecurity Awareness Month

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October is also National Cybersecurity Awareness Month. Cybersecurity Awareness Month was launched by the National Cyber Security Alliance & the U.S. Department of Homeland Security in October 2004.

This year’s campaign theme — “Secure Our World” — is here to remind us that there are simple ways to protect yourself, your family and your business from online threats.

Cybersecurity Awareness Month 2023 and Secure Our World will focus on four key behaviors:

  1. Use strong passwords and a password manager
  2. Turn on multifactor authentication
  3. Recognize and report phishing
  4. Update software

UC Cybersecurity Awareness Month Meme Competition

Show off your meme-making skills and win prizes! The contest runs now October 31, 2023.

Additional Cyber Security Resources to Check Out:

Cybersecurity and Infrastructure Security Agency (CISA), Free Cybersecurity Services and Tools

CISA has compiled a list of free cybersecurity tools and services to help organizations further advance their security capabilities. This living repository includes cybersecurity services provided by CISA, widely used open source tools, and free tools and services offered by private and public sector organizations across the cybersecurity community.

Department of Education, Protecting Student Privacy

This section houses training modules, guidance documents and other student privacy resources.

Microsoft, Cybersecurity Is for Everyone Collection

Recommended learning for beginners, business decision makers, students, and administrators who specialize in any workload.

NIST, Free and Low Cost Online Cybersecurity Learning Content

The following links are for free and low-cost online educational content on topics such as information technology and cybersecurity. Some, not all, may contribute towards professional learning objectives or lead to industry certifications and online degrees.

SANS, Free Virtual Workshops

The upcoming workshops listed feature live stream instruction, subject matter expert support, immersive hands-on labs and student to student interactive Slack workspace.

October / November Arguments at the United States Supreme Court

US Supreme Court - corrected

From SCOTUS Blog:

Monday, October 30, 2023

Culley v. Marshall – whether district courts, in determining whether the due process clause requires a state or local government to provide a post-seizure probable-cause hearing prior to a statutory judicial-forfeiture proceeding and, if so, when such a hearing must take place, should apply the “speedy trial” test employed in United States v. $8,850 and Barker v. Wingo or the three-part due process analysis set forth in Mathews v. Eldridge.

Tuesday, October 31, 2023

Lindke v. Freed – whether a public official’s social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.

O’Connor-Ratcliff v. Garnier – whether a public official engages in state action subject to the First Amendment by blocking an individual from the official’s personal social media account, when the official uses the account to feature their job and communicate about job-related matters with the public, but does not do so pursuant to any governmental authority or duty.

Wednesday, November 1, 2023

Vidal v. Elster – whether the refusal to register a trademark under 15 U.S.C. § 1052(c) violates the free speech clause of the First Amendment when the mark contains criticism of a government official or public figure.

American Indian and Alaska Native Heritage Month

This month is American Indian and Alaska Native Heritage Month! Celebrate with us as we explore the contributions and history of the Native people in the United States of America.

History Behind the Month

As far back as the late 1970s, Congress enacted legislation, and subsequent presidents issued, annual proclamations designating a day, a week, or a month to celebrate and commemorate the Nation’s American Indian and Alaska Native heritage.

On Aug. 3, 1990, Congress finally passed Pub. L. 101-343 which designated the month of November 1990 as “National American Indian Heritage Month.” Then, in 1991, Congress passed Pub. L. 102-123 which “authorize[s] and request[s] the President to proclaim the month of November 1991, and the month of each November thereafter, as ‘American Indian Heritage Month.’” President George H.W. Bush issued Proclamation 6368 on October 30, 1991.