This Week in the Law Library …

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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 U.S. Supreme Court oral arguments.

This Week’s Research Sessions

Tuesday, November 29, 2022

Technology in Law Practice

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

Thursday, December 1, 2022

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 (use your ID to swipe in after 5pm), 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 (use your ID to swipe in after 6pm). Best of luck to everyone!

Selected Study Aids to Help with 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

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 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.

Ethnic NewsWatch

Ethnic NewsWatch (ENW) is a current resource of full-text newspapers, magazines, and journals of the ethnic and minority press, providing researchers access to essential, often overlooked perspectives. The complete collection also includes the module Ethnic NewsWatch: A History™, which provides historical coverage of Native American, African American, and Hispanic American periodicals from 1959-1989. Together, these resources present an unmatched, comprehensive, full-text collection of more than 2.5 million articles from over 340 publications. Perhaps the most valuable aspect of the resources is the inclusion of unique community publications not found in any other database, as well as top scholarly journals on ethnicities and ethnic studies.

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.

McKenney & Hall: History of the Indian Tribes of North America

McKenney & Hall: History of the Indian Tribes of North America is a collection of 125 images of lithographic and chromolithographic plates. Thomas Loraine McKenney (1785-1859) served as Commissioner of Indian Affairs from 1824 to 1830. In that capacity he commissioned and collected portraits of Native Americans for his Gallery in the War Department. McKenney’s goal was to publish a record of vanishing peoples: portraits, biographical sketches and a history of North American Indians. He accomplished this in the first issue of the History of the Indian Tribes of North America, published in three volumes between 1838 and 1844. James Hall (1793-1868) provided the text. A supplemental bibliography to McKenney & Hall’s History of the Indian Tribes of North America is available.

November Arguments at the United States Supreme Court

US Supreme Court - corrected

From SCOTUS Blog:

November 28, 2022

Ciminelli v. United States – whether the U.S. Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.

Percoco v. United States – whether a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decision making, owes a fiduciary duty to the general public such that he can be convicted of honest-services fraud.

November 29, 2022

United States v. Texas – (1) whether state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; (2) whether the Guidelines are contrary to 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231(a), or otherwise violate the Administrative Procedure Act; and (3) whether 8 U.S.C. § 1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the guidelines under 5 U.S.C. § 706(2).

November 30, 2022

Wilkins v. United States – whether the Quiet Title Act’s statute of limitations is a jurisdictional requirement or a claim-processing rule.

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.

This Week in the Law Library …

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This week in the Law Library we are thankful for our wonderful students, faculty, and staff as well as our library colleagues!

Thanksgiving Hours

happy-thanksgiving

Law Library circulation, reference, and instructional services will be closed Thursday, Nov. 24 – Friday, Nov. 25. Law students, faculty, and staff will still have their usual 24/7 access to the Law Library. Unable to stop in the Law Library during this time? E-books, online databases, and study aids are available no matter where you are 24/7!

Library Basement Now Open

Our basement is no longer under construction so the law stacks and 18 carrels are now accessible! The Law Library stacks located in the basement are unlocked Monday – Friday 8am – 5pm and accessible 24/7 with your UC Bearcat Card. Please note that the shelving range placards have not arrived so if you are having trouble finding a particular book, be sure and ask for assistance.

This Week’s Research Sessions

Tuesday, November 22, 2022

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!

The Law Library has many resources to help you prepare for final exams. Be sure and see our Exam Study Guide for more information!

Accessing Law Library Study Aids

Study aids can be an important tool to help you succeed in law school. Remember that not all study aids are created equal and that the different types of study aids serve different purposes. Check out our Exam Guide: Types of Study Aids for a look at the different study aid types to which we subscribe.

Aspen Learning Library

If accessing study aids from the Aspen Learning Library, you will need to login using your UC credentials.

CALI

If using CALI, you will need to create an account (if you have not already done so) using a Cincinnati Law authorization code. You can obtain this code from a reference librarian.

LexisNexis Digital Library (OverDrive)

If accessing study aids from the LexisNexis Digital Library, you will need to login using your UC credentials.

West Academic

To create an account, click the Create an Account link at the top right corner of the Study Aids Subscription page. Use your UC email as the email address. Once you have filled in the required information to set up an account, you will need to verify your email address (they will send you a confirmation email that you will need answer to verify the email address — be sure and check your junk mail). Once you have created an account and logged in, you can use the links below to access individual study aids or you can access all study aids through https://subscription.westacademic.com.

Selected Study Aids to Help Generally with Studying Techniques

1L of a Ride

Available via the West Academic study aid subscription, this updated, revised, and expanded fourth edition include pre-planning, top student fears, the first-year curriculum, the Socratic and case methods of teaching, effective class participation, the top habits of successful students, essential study techniques, legal research and writing, exam strategies, maintaining well-being, online learning, career planning, and much more. Combines comments from hundreds of law students, empirical research, and authentic samples of signature documents from the 1L experience, including exam questions, Socratic dialogue, and student case-briefs, class notes, and course outlines.

Creating Study Aids

Available through CALI, this CALI lesson introduces you to law school study aids. It begins with a brief overview of self-regulated learning and Bloom’s learning taxonomy. Then, the lesson introduces law school study aids by pairing them with learning objectives at each level of the taxonomy. Finally, the lesson concludes with an activity designed to help you reflect on your learning. It can be used as an introduction, supplement, or as review. Learning Outcomes On completion of the lesson, the student will be able to: 1. Understand the relationship between self-regulated learning, metacognition, and Bloom’s taxonomy and your learning. 2. Create study aids to help you remember, understand, apply, analyze, evaluate and create important law school concepts. 3. Reflect on your learning.

Excelling in Law School: a Complete Approach

Available through the Aspen Learning Library subscription, this text outlines the available resources and study-aids and shows how to effectively use new technologies such as websites that distribute outlines, companies that provide MP3s of detailed lectures on first year courses, student-maintained outline banks, recorded lectures, professor podcasts, and PowerPoint slides. Students learn the specific, unique skills required to approach law reviews and scholarships and to hunt for jobs.

Hard-Nosed Advice from a Cranky Law Professor

Available through the LexisNexis Digital Library (Lexis OverDrive), this book addresses those tasks that students commonly face in law school: from reading and briefing cases, to outlining, to preparing and taking exams, to being called on in class. The book also provides advice on success outside the classroom, including preparing for the bar exam. In this new, updated edition, the authors enhance each topic by simplifying the approach even further and providing additional hypotheticals to turn the abstract into the concrete. The second edition includes new examples of case briefing, outlining, exam writing, and bar essays, and also includes an entire chapter dedicated to the skill of legal writing. In this new chapter, the authors transform a complicated writing course into a simple, step-by-step guide that makes legal writing attainable for any law student.

Hyped About Hypos

Available through CALI, this CALI lesson will cover the what, why, when, where, and how of hypos so law students can conquer the material they are learning and be prepared for exams. Learning Outcomes On completion of the lesson, the student will be able to: 1. Define the term “hypothetical” in the law school context. 2. List several reliable sources of hypotheticals. 3. Explain how to use hypotheticals to prepare for an exam. 4. Discuss why using hypotheticals is important for success in law school.

Law 101

Available through the LexisNexis Digital Library (Lexis OverDrive), Law 101 gives a behind-the-scenes look at what law school’s really like. The advice covers all aspects of law school, and ranges from academic advice on such topics as study techniques, classroom skills, and tips for exam success, to the best ways to participate in extracurricular activities, maintain healthy relationships outside of law school, and get a job after graduation. A companion documentary, available online, provides additional perspectives on life in law school.

Learning Outside the Box

Available through the LexisNexis Digital Library (Lexis OverDrive), this book’s purpose is to provide research-based learning strategies for law students who learn differently. If you are a student who has been diagnosed with a learning disability or if you simply have a unique learning style, you may need to outline differently, read cases differently, and approach law school in a more active, engaged, and efficient manner. In addition to covering reading and briefing cases, the book covers outlining and tackling essay and multiple choice exams.

Learning Tips and Retention: Discussions in Law School Success

Available via CALI, this podcast discusses tips to help you remember more information and to perform better on law school exams. Three learning strategies are explained: spaced repetition, the testing effect, and cognitive schema. Briefly defined, spaced repetition incorporates periodic studying throughout the semester. The testing effect can be more challenging and is exactly what it sounds like; it is testing yourself to see whether or not you know the material. Lastly, the podcast explains how to create a cognitive schema as an organizational structure that you can use to retain information.

Metacognition

Available through CALI, this lesson focuses upon the concept of metacognition and teaches you how to enhance your understanding about how you learn to better improve your study, organizational, test-taking and self-assessment skills with the goal of improving your performance in law school. The lesson should help you better understand your individual learning process and show you how to use this information to develop study and test-taking skills needed for success in law school. Learning Outcomes On completion of the lesson, the student will be able to: 1. Better understand how to develop your skills as a law school learner. 2. Create a schedule, and develop study strategies that work in tandem with this schedule, that helps you work more effectively and efficiently. 3. Assess your own work to better understand where you performed well, where you struggled, and how your study and test-taking strategies impacted your performance.

Secrets to Improved Memorization

Final exams require recalling information from over 14 weeks of the semester. Available through CALI, this lesson provides insight on how to remember the vast information from class to apply on final exams.

Your Brain and Law School

Available through the LexisNexis Digital Library (Lexis OverDrive), the first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction. The second part explores the brain’s decision-making processes and cognitive biases.

Past Blog Postings on General Final Exam Preparation:

Study Tips & Law Library Resources for Outlining

Study Aids to Help You with Different Exam Formats & Study Aids for Exam Review

American Indian and Alaska Native Heritage Month

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

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

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

This collection offers detailed contemporaneous documentation of political, military, and governmental activities related to indigenous peoples of the continental United States and Alaskan territory during the 19th century. These government documents were scanned from the print collections of the Oklahoma Department of Libraries and the University of Oklahoma Libraries. They were identified using Steven L. Johnson’s bibliography, Guide to American Indian Documents in the Congressional Serial Set: 1817-1899, published by Clearwater Publishing Company in 1977.

National Indian Law Library Tribal Law Gateway

The National Indian Law Library (NILL) is a law library devoted to American Indian law. It serves both the Native American Rights Fund (NARF) and the public. NILL serves the public by developing and making accessible a unique and valuable collection of Indian law resources and by providing direct research assistance and delivery of information.The Tribal Law Gateway provides access to tribal law – which includes the codes, constitutions, intergovernmental agreements, and legal opinions of Native governments.

National Conference of State Legislatures, Statewide Tribal Legislation Database

Every year numerous bills are considered by state legislatures that can affect tribal communities. These bills address a variety of issues including the environment, education, health care, taxes/revenue, including gaming and education. View introduced, pending and enacted legislation for the current legislative session here.

Tribal Court Clearinghouse

The Tribal Law and Policy Institute (TLPI) is a Native American operated non-profit corporation organized to design and deliver education, research, training, and technical assistance programs which promote the enhancement of justice in Indian country and the health, well-being, and culture of Native peoples. The Tribal Court Clearinghouse is a comprehensive website established in June 1997 to serve as a resource for American Indian and Alaska Native Nations, American Indian and Alaska Native people, tribal justice systems, victims services providers, tribal service providers, and others involved in the improvement of justice in Indian country. It is one of the most comprehensive websites on tribal justice system issues, and includes a wealth of tribal, state, and federal resources.

Tribal Treaties Database

This database includes agreements between tribal nations and the United States (1778-1886) published in the 1904 work “Indian Affairs: Laws and Treaties” (Volume II), compiled and edited by Charles J. Kappler. As you view the treaties in this database, editorial margin notes are included. Links to Kappler’s original text and digitized treaties held at the National Archives can also be found throughout the site. Finally, a recently updated, comprehensive index complements this work.

This Week in the Law Library …

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This week in the Law Library we’re welcoming the First District Ohio Court of Appeals, teaching technology in law practice and current awareness resources, attending the Schwartz Lecture, holding an open house, and continuing to celebrate American Indian and Alaska Native Heritage Month.

This Week’s Research Sessions

Tuesday, November 15, 2022

Technology in Law Practice

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

Wednesday, November 16, 2022

Legal Research Competency Program

Laura Dixon-Caldwell, Instructional & Reference Services Librarian
Room 107
12:00pm – 1:00pm
Current Awareness & Alerts

With so much information bombarding us, it’s hard to keep up with all the latest legal developments. Come learn about legal news resources, and how to set up alerts to track issues you are interested in. University of Cincinnati Law students who complete the requirements of the Competency programs before graduation will receive a notation on their transcript stating that they are competent with respect to legal research and/or technology, a credential they can list proudly on their resumes as proof of the research skills they offer prospective employers. For questions, or to RSVP, contact Laura Dixon-Caldwell at dixoncla@ucmail.uc.edu.

Thursday, November 17, 2022

Technology in Law Practice

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

First District Ohio Court of Appeals Oral Arguments

Monday, November 14, 2022
9:00am – 11:00am
Room 160
The Court will allow people to enter prior to each argument and leave after an argument has ended, but not enter and leave during each argument. At the end of the last oral argument the judges and attorneys will stay and answer questions from students. View the Live Stream

9:00-9:30 am: Butler v. TriHealth (Negligence suit for injury caused in parking lot/alleged summary judgment error due to existence of a genuine issue of material fact).

9:45-10:15 am: State of Ohio v. Mitchell (Unconstitutional Search and Search/Exclusionary Rule/Sentencing).

10:30-11:00 am: State of Ohio v. Sheckles (Evidence- exclusion of witness testimony and exclusion of video evidence).

11:00-11:30am: Q&A with the judges.

Victor E. Schwartz Lecture in Torts

“Law Reform Through a Tort Lens: Intelligent Design?”

Friday, Nov. 18, 2022
12:15pm – 1:15pm
Room 160

Michael Green, the Mel and Pam Brown Visiting Professor of Law at Washington University in St. Louis School of Law, will discuss whether there is any type of intelligent design in the torts arena or if change happens by chance during his lecture “Law Reform Through a Tort Lens: Intelligent Design?” Tort law came together as a coherent body of law in the mid-19th century. Since then, there have been all sorts of reforms—from the adoption of workers’ compensation to the adoption of comparative fault and strict products liability, and the more modern tort reforms or “deforms” as some characterize it. Many torts’ theorists claim that there is a foundational principle that holds together all of tort law, suggesting an intelligent design. Professor Green will express deep skepticism that there is any kind of design to law reform in the torts arena and indeed change is often adventitious. He will conclude with observations of a Restatement Reporter on the utility for tort theory for Restatement work. In short, almost nothing.

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

American Museum of Tort Law

The mission of the nationally acclaimed American Museum of Tort Law is to educate, inform and inspire Americans about two things: Trial by jury; and the benefits of tort law. As an online visitor to the Museum you will enjoy learning about tort law and trial by jury, and see how both have improved the lives, not only of those injured, but all of us.

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

Indigenous Digital Archive Treaties Explorer

While treaties between Indigenous peoples and the United States affect virtually every area in the USA, there is as yet no official list of all the treaties. The US National Archives holds 374 of the treaties, where they are known as the Ratified Indian Treaties. Here you can view them for the first time with key historic works that provide context to the agreements made and the histories of our shared lands.

Indigenous Governance Database

The free Indigenous Governance Database (IGD) features online educational and informational resources on tribal self-governance and tribal policy reform that: Foster Native nation building; Promote tribal sovereignty; Disseminate Indigenous data; Encourage tribal leadership development; Support the development of capable governing institutions; Highlight sustainable economic and community development in Indian Country.

Law Library of Congress, Indigenous Law Web Archive

The Law Library of Congress collects and preserves primary law sources of Indigenous nations, which are sovereign governments by treaty with the United States. At the time this collection started, there are 578 tribes and 92 agencies. This archive includes constitutions of a number of sovereign nations, including Navajo Nation, Muscogee Nation, Cherokee Nation, Comanche Nation, Hopi Tribe, etc. and ordinances, Supreme Court papers, court rules and forms for criminal, civil and family courts, and wellness courts. Tribal executive orders, emergency orders, ordinances and legislation are included in this collection as well. Tribes, nations, bands, communities and rancherias do communicate with their citizens by social media and at times when that was the sole source of legal documentation, we have targeted social media sites for capture where possible.

Law Library of Congress, Native American Constitutions and Legal Materials

The Law Library of Congress holds most of the laws and constitutions from the early 19th century produced by the Cherokee, Choctaw, Chickasaw, Creek, and Seminole who were forced to leave the Southeast for the Indian Territory after passage of the Indian Removal Act in 1830. Some of these documents are in the vernacular languages of the tribes. This collection includes 19th century items and those constitutions and charters drafted after the 1934 Indian Reorganization Act. The digital portion of this collection is a work in progress but many of the works have been digitized.

Native American Constitution and Law Digitization Project

The Native American Constitution and Law Digitization Project was created as a cooperative effort between the University of Oklahoma College of Law Library and the National Indian Law Library (NILL), to provide access to the tribal constitutions, codes, and other legal documents. The University of Oklahoma College of Law Library partnered with the National Indian Law Library to acquire and digitize these materials at a time when tribal documents were very difficult to find. Tribal documents were shared with permission from the National Indian Law Library or donated directly by tribal members. Other materials included are federal government documents in the public domain or publications shared with the permission of their creators.

This Week in the Law Library …

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This week in the Law Library we’re teaching technology in law practice and we have a new study room reservation system. We’re also reminding you to vote, celebrating Veterans Day, previewing U.S. Supreme Court oral arguments, and continuing to celebrate American Indian and Alaska Native Heritage Month.

This Week’s Research Sessions

Tuesday, November 8, 2022

Technology in Law Practice

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

Thursday, November 10, 2022

Technology in Law Practice

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

Vote!

Vote America Every Vote Counts

November 8th 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 is Veterans Day. Veterans Day originated as “Armistice Day” on Nov. 11, 1919, the first anniversary marking the end of World War I. Congress passed a resolution in 1926 for an annual observance, and November 11th became a national holiday beginning in 1938. There were an estimated 16.5 million veterans in 2021. There were an estimated 621,890 veterans in Ohio in 2021. 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 Lexis OverDrive 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 Wolters Kluwer study aid subscription, 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.

American Indian and Alaska Native Heritage Month

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

5 More Selected Resources on American Indian and Alaska Native Heritage Month

Selected Study Aids

American Indian Law in a Nutshell

Available via the West Academic study aid subscription, this guide provides a reliable resource on American Indian law. The text covers the essentials of this complex body of law, with attention to the governmental policies underlying it. The work emphasizes both the historical development of Federal Indian Law and recent matters such as the evolution of Indian gaming, issues arising under the Indian Child Welfare Act, and the present enforcement of treaty rights. It addresses the policy and law applicable to Alaska Natives, but does not deal with Native Hawai’ians.

Federal Indian Law (Hornbook)

Available via the West Academic study aid subscription, Fletcher’s Hornbook on Federal Indian Law is a deep survey of the history and substantive law governing the relations between the three American sovereigns, federal, state, and tribal. Interwoven are issues of federalism, administrative law, constitutional rights, and international relations. This hornbook includes original research and novel analysis of foundational Supreme Court decisions and critical federal statutory schemes – the stories beyond the stories. In addition to delving into the origins and histories of cases and statutes, the hornbook analyzes modern Indian rights settlements, the international and comparative frontiers of Indian law, and the future of the field.

Indian Law Stories

Available via the West Academic study aid subscription, this book covers the often complex and unfamiliar doctrine of federal Indian law, exposing the raw conflicts over sovereignty and property that have shaped legal rulings. Fifteen distinguished authors describe gripping cases involving Indian nations over more than two centuries, each story emphasizing initiative in tribal communities and lawyering strategies that have determined the fate of nations.

Principles of Federal Indian Law (Concise Hornbook)

Available via the West Academic study aid subscription, Fletcher’s Principles of Federal Indian Law covers the basics of federal Indian law, the relationships between tribal, state, and federal sovereigns, also touching on federalism, agency law, civil rights, and criminal jurisdiction aspects of Indian law. This concise hornbook offers comprehensive coverage of the blackletter law, with statutory, regulatory, and historical context. The origins behind important doctrines of Indian law and critical statutes are explored in detail.

Mastering American Indian Law

Available via the Lexis OverDrive study aid subscription, Mastering American Indian Law provides readers with an overview of the field. By framing the important eras of U.S. Indian policy in the Introductory Chapter, the text flows through historical up to contemporary developments in American Indian Law. In ten Chapters, the book has full discussions of a wide range of topics, such as: Chapter 2 – American Indian Property Law; Chapter 3 – Criminal Jurisdiction in Indian Country; Chapter 4 – Tribal Government, Civil Jurisdiction and Regulation; Chapter 8 – Tribal-State Relations; and Chapter 9 – Sacred Sites and Cultural Property Protection. Throughout the text, explanations of the relevant interaction between tribal governments, the federal government and state governments are included in the various subject areas. In Chapter 10 – International Indigenous Issues and Tribal Nations, the significant evolution of collective rights in international documents is focused upon as these documents may be relevant for tribal governments in relations with the United States.

November Arguments at the United States Supreme Court

US Supreme Court - corrected

From SCOTUS Blog:

Monday, November 7, 2022

Axon Enter., Inc. v. Fed. Trade Comm’n – whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting the courts of appeals jurisdiction to “affirm, enforce, modify, or set aside” the commission’s cease-and-desist orders.

Cochran v. Sec. & Exch. Comm’n – whether a federal district court has jurisdiction to hear a suit in which the respondent in an ongoing Securities and Exchange Commission administrative proceeding seeks to enjoin that proceeding, based on an alleged constitutional defect in the statutory provisions that govern the removal of the administrative law judge who will conduct the proceeding.

Tuesday, November 8, 2022

Mallory v. Norfolk S. Ry. Co. – whether the due process clause of the 14th Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction to do business in the state.

Health & Hosp. Corp. of Marion Cnty. v. Talevski – (1) whether, in light of compelling historical evidence to the contrary, the Supreme Court should reexamine its holding that spending clause legislation gives rise to privately enforceable rights under 42 U.S.C. § 1983; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987’s transfer and medication rules do so.

Wednesday, November 9, 2022

Haaland v. Brackeen – (1) whether various provisions of the Indian Child Welfare Act of 1978 — namely, the minimum standards of Section 1912(a), (d), (e), and (f); the placement-preference provisions of Section 1915(a) and (b); and the recordkeeping provisions of Sections 1915(e) and 1951(a) — violate the anti-commandeering doctrine of the 10th Amendment; (2) whether the individual plaintiffs have Article III standing to challenge ICWA’s placement preferences for “other Indian families” and for “Indian foster home[s]”; and (3) whether Section 1915(a)(3) and (b)(iii) are rationally related to legitimate governmental interests and therefore consistent with equal protection.

This Week in the Law Library …

Posted on by

Happy Halloween!

Law Library Entrance with Skeleton at the Door

This week in the Law Library we’re continuing to move the archives and books into the new building! We’re also teaching technology in law practice and introducing students to the Legal Technology Competency’s Procertus. We’re also continuing to raise awareness for domestic violence and cybersecurity,  celebrating American Indian and Alaska Native Heritage Month, and previewing U.S. Supreme Court decisions.

This Week’s Research Sessions

Tuesday, November 1, 2022

Technology in Law Practice

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

Wednesday, November 2, 2022

Legal Technology Competency Program

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
l2:00pm – 1:00pm
Room 107
Procertas

Get started with Procertas Legal Technology Assessments (LTA)! Procertas LTA modules can help you learn how to properly format your Memos and Briefs for Lawyering as well as increase your proficiency with Excel, PowerPoint, and PDF to help you get ready for on the job technology needs. Students who complete the requirements of the Legal Technology Competency Program before graduation will receive a notation on their transcript stating that they are competent with respect to legal technology. For questions, or to RSVP, contact Shannon Kemen at shannon.kemen@uc.edu.

Thursday, November 3, 2022

Technology in Law Practice

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

Featured Study Aids

Evidence Law, a Student’s Guide to the Law of Evidence As Applied in American Trials

Available via the West Academic study aid subscription, this hornbook explains the Federal Rules, selected state variations, major cases, essential doctrines, and important underlying policies. Frequent practical examples drawn from courtroom practice introduce students to courtroom procedure, provide a context in which evidence problems arise, and acquaint them with the language of the courtroom.

A Student’s Guide to Hearsay

Available via the LexisNexis Digital Library subscription, this guide focuses on the Federal Rules of Evidence, breaking down the hearsay rule into its elements and explaining them in straightforward language. It does the same for each of the 29 exceptions to the hearsay rule. The book covers the Sixth Amendment Confrontation Clause and includes a proposed amendment to the Rules. It also explains related subjects: what a grand jury is and how it operates; offers of proof, order of proof, burdens of proof; conditional relevancy and conditional admissibility; and privileged communications.

Evidence: Examples & Explanations

Available via the Aspen Learning Library subscription, this text covers the Federal Rules of Evidence and includes the latest Supreme Court cases. It also analyzes the ebb and flow of Confrontation Clause jurisprudence. 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.

Featured Database

Bloomberg Law E-Discovery Practice Center

The E-Discovery Practice Center integrates news, primary sources including both published and unpublished state and federal court opinions, tools, sample forms, and expert guidance.

Featured Guide

Exam Study Guide: Evidence

The Evidence page within the Exam Study Guide covers Evidence study aids and is organized by study aids that will help you in understanding Evidence and study aids that will help you review and prepare for an Evidence exam.

Featured Treatise

Wright & Miller’s Federal Practice and Procedure (Evidence Chapters)

Available on Westlaw, the Wright & Miller multi-volume treatise covers all aspects of federal civil, criminal and appellate procedure, including rules of procedure and evidence. It provides extensive rule-by-rule discussion, with copious references to cases and other materials.

Featured Video

Eyewitness Error: Malleable Memories, Flawed Legal Processes, and an Opportunity to Train

The study of human memory provides evidence for some of the best practices in eyewitness testimony, but will the criminal justice system adopt these practices? How can psychological scientists and law experts work together to reduce wrongful convictions based on eyewitness misidentifications? In this webinar John T. Wixted, lead author of “Test a Witness’s Memory of a Suspect Only Once” (2021) was joined by U.S. District Judge Jed S. Rakoff to explore these issues and more.

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 Help Resources for 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.

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.

Office of Planning, Research & Evaluation from the U.S. Department of Health & Human Services, Reflecting on OPRE’s Research and Evaluation Projects Focused on Preventing Domestic Violence

Explore their portfolio of projects related to domestic violence prevention.

 

National Cybersecurity Awareness Month

October (2)
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 — “See Yourself in Cyber” — demonstrates that while cybersecurity may seem like a complex subject, ultimately, it’s really all about people. For individuals and families, you are encouraged to See Yourself taking action to stay safe online. That means enabling basic cyber hygiene practices: update your software, think before you click, have good strong passwords or a password keeper, and enable multi-factor authentication (meaning you need “More Than A Password!”) on all your sensitive accounts.

More Resources on Cybersecurity

ABA, Cybersecurity Resources

CNET Cybersecurity

Department of Education, Office of Educational Technology, Cybersecurity: Resources for K-12 Districts and Higher Education Institutions 

SANS Cybersecurity Resources

TEDx Talks on Cybersecurity

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 Resources to Learn More about American Indians and Alaska Natives

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

The ABA Diversity and Inclusion Advisory Council is proud to launch a 21-Day Native American Heritage Equity Habit Building Challenge syllabus in honor of National Native American Month. ABA members and non-members are invited to participate in this 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.

ABA, Celebrating Native American Heritage

A presentation featuring leaders in activism and the legal profession who are of Native American Heritage.

The National Congress of American Indians Policy Research Center

The NCAI Policy Research Center’s mission is to lead, conduct, and translate high quality policy research and data to improve outcomes for Indian Country.

PBS Western Reserve, One State-Many Nations: Native Americans of Ohio

This PBS Western Reserve multimedia project studies the rich cultural and historical heritage of the Native American nations that have populated Ohio since prehistoric times.

U.S. Census Bureau, Facts for Features: American Indian and Alaska Native Heritage Month: November 2022

This Facts for Features presents statistics for American Indian and Alaska Native population, one of the six major race categories defined by the U.S. Office of Management and Budget.

November Arguments at the United States Supreme Court

US Supreme Court - corrected

From SCOTUS Blog:

Monday, October 31, 2022

Students for Fair Admissions Inc. v. Univ. of N. Carolina – (1) whether the Supreme Court should overrule Grutter v. Bollinger and hold that institutions of higher education cannot use race as a factor in admissions; and (2) whether a university can reject a race-neutral alternative because it would change the composition of the student body, without proving that the alternative would cause a dramatic sacrifice in academic quality or the educational benefits of overall student-body diversity.

Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll. – (1) whether the Supreme Court should overrule Grutter v. Bollinger and hold that institutions of higher education cannot use race as a factor in admissions; and (2) whether Harvard College is violating Title VI of the Civil Rights Act by penalizing Asian American applicants, engaging in racial balancing, overemphasizing race and rejecting workable race-neutral alternatives.

Tuesday, November 1, 2022

Cruz v. Arizona – whether the Arizona Supreme Court’s holding that Arizona Rule of Criminal Procedure 32.1 (g) precluded post-conviction relief is an adequate and independent state-law ground for the judgment.

Jones v. Hendrix – whether federal inmates who did not — because established circuit precedent stood firmly against them — challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas relief under 28 U.S.C § 2241 after the Supreme Court later makes clear in a retroactively applicable decision that the circuit precedent was wrong and that they are legally innocent of the crime of conviction.

Wednesday, November 2, 2022

Bittner v. United States – whether a “violation” under the Bank Secrecy Act is the failure to file an annual Report of Foreign Bank and Financial Accounts (no matter the number of foreign accounts), or whether there is a separate violation for each individual account that was not properly reported.

 

 

This Week in the Law Library …

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This week in the Law Library we’re moving the books into the new building! We’re also teaching technology in law practice, terms and connectors, and we’re helping Lawyering I sections with their memo research. We also continue to raise awareness for domestic violence and cybersecurity, as well as celebrate Open Access Week.

This Week’s Research Sessions

Tuesday, October 25, 2022

Lawyering I, sec. 2

Susan Boland, Interim Director
Room 135
9:00am – 10:25pm
Help with Memo Research

Lawyering I, sec. 4

Susan Boland, Interim Director
Room 170A
10:40am – 12:05pm
Help with Memo Research

Technology in Law Practice

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

Lawyering I, sec. 5

Susan Boland, Interim Director
Room 230
1:30pm – 2:55pm
Help with Memo Research

Thursday, October 27, 2022

Lawyering I, sec. 3

Ron Jones, Electronic Resources Instructional Services Librarian
Room 145
10:40am – 12:05pm
Online Research

Technology in Law Practice

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

Lawyering I, sec. 1

Ron Jones, Electronic Resources Instructional Services Librarian
Room 145
1:30pm – 2:55pm
Online Research

Featured Study Aids

CALI stands for Computer-Assisted Legal Instruction.  CALI.org is a non-profit consortium of law schools – of which UC Law is a member – that develops and distributes legal education lessons to the consortium members. There are hundreds of CALI Lessons for many different subjects. CALI also offers open access e-books. If using CALI, you will need to create an account (if you have not already done so) using a Cincinnati Law authorization code. You can obtain this code from a reference librarian.

Featured Guide

Law Faculty Publishing Guide

This guide is intended to introduce you to the many ways that the Law Library can assist faculty in getting published.

Featured Video

Open Access 101

An animated video explaining open access to research and why it’s important.

Celebrate Open Access Week!

International Open Access Week

Open Access (OA) literature is digital, online, free of charge, and free of most copyright and licensing restrictions. This year’s theme is Open For Climate Justice. The theme seeks to encourage connection and collaboration among the climate movement and the international open community. Sharing knowledge is a human right, and tackling the climate crisis requires the rapid exchange of knowledge across geographic, economic, and disciplinary boundaries.

Open Access Organizations

SPARC

SPARC is a non-profit advocacy organization that supports systems for research and education that are open by default and equitable by design.

Coalition of Open Access Policy Institutions (COAPI)

The Coalition of Open Access Policy Institutions (COAPI) brings together representatives from North American universities with established faculty open access policies and those in the process of developing such policies. It was formed to share information and experiences and to illuminate opportunities for moving faculty-led open access forward at member institutions and advocating for open access nationally and internationally.

Open Access Scholarly Publishing Association (OASPA)

OASPA is a diverse community of organizations engaged in open scholarship with a mission to encourage and enable open access as the predominant model of communication for scholarly outputs.

OAPEN Foundation

The OAPEN Foundation is a not-for-profit organization based in the Netherlands, with its registered office at the National Library in The Hague. OAPEN is dedicated to open access, peer-reviewed books.

Where to Find Open Access Materials

Directory of Open Access Books

The Directory of Open Access Books is a service of OAPEN Foundation. It is a community-driven discovery service that indexes and provides access to scholarly, peer-reviewed open access books and helps users to find trusted open access book publishers. All DOAB services are free of charge and all data is freely available.

Directory of Open Access Journals (DOAJ)

The Directory of Open Access Journals (DOAJ) is a service that provides access to quality controlled Open Access Journals. The Directory aims to be comprehensive and cover all open access scientific and scholarly journals that use an appropriate quality control system, and it will not be limited to particular languages or subject areas. The aim of the Directory is to increase the visibility and ease of use of open access scientific and scholarly journals thereby promoting their increased usage and impact.

Directory of Open Access Repositories (OpenDOAR)

Directory of Open Access Repositories is a service that provides a quality-assured list of open access repositories from around the world. Each of the repositories has been visited by OpenDOAR staff to ensure a high degree of quality and consistency in the information provided: OpenDOAR is maintained by SHERPA Services, based at the Centre for Research Communications at the University of Nottingham.

Open Textbook Library

The Open Textbook Library provides a growing catalog of free, peer-reviewed, and openly-licensed textbooks.

Open Access at the University of Cincinnati Press

Founded in 2017 as a fundamentally innovative and dynamic university press, the University of Cincinnati Press imprint publishes peer reviewed social justice and regional studies titles across all disciplines. Through our open access Manifold platform, the Press offers many titles free to all readers to shrink the distance between the author and the reader.

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 Help Resources for Domestic Violence

CDC Intimate Partner Violence

Violence is an urgent public health problem. From infants to the elderly, it affects people in all stages of life and can lead to a lifetime of physical, emotional, and economic problems.

Department of Justice, Office on Violence Against Women

The Office on Violence Against Women (OVW) provides federal leadership in developing the national capacity to reduce violence against women and administer justice for and strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking. Of note are the annual reports to Congress that DOJ is required to file.

The Institute on Violence, Abuse and Trauma (IVAT)

The Family Violence & Sexual Assault Institute (FVSAI), was founded in 1984 and became a registered non-profit 501(c)3 organization to deal with sexual assault issues. It gradually expanded its scope to include child, teen, and elder maltreatment. In 2006, FVSAI continued its work under the name IVAT – the Institute on Violence, Abuse and Trauma.

National Center on Elder Abuse 
1-855-500-3537
The NCEA provides the latest information regarding research, training, best practices, news and resources on elder abuse, neglect and exploitation to professionals and the public. First established by the U.S. Administration on Aging (AoA) in 1988 as a national elder abuse resource center, the NCEA was granted a permanent home at AoA in the 1992 amendments made to Title II of the Older Americans Act.

National Institute for Justice, Overview of Elder Abuse

NIJ is the research, development and evaluation agency of the U.S. Department of Justice. NIJ’s primary objectives regarding elder mistreatment are to identify emerging promising practices and evaluate their effectiveness in improving prevention, detection, and intervention efforts.

 

National Cybersecurity Awareness Month

October (2)
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 — “See Yourself in Cyber” — demonstrates that while cybersecurity may seem like a complex subject, ultimately, it’s really all about people. For individuals and families, you are encouraged to See Yourself taking action to stay safe online. That means enabling basic cyber hygiene practices: update your software, think before you click, have good strong passwords or a password keeper, and enable multi-factor authentication (meaning you need “More Than A Password!”) on all your sensitive accounts.

More Resources on Cybersecurity

EFF, Surveillance Self-Defense: Tips, Tools and How-tos for Safer Online Communications

The Electronic Frontier Foundation is an independent non-profit working to protect online privacy for nearly thirty years. This is Surveillance Self-Defense : their expert guide to protecting you and your friends from online spying.

Electronic Privacy Information Center, Cybersecurity

EPIC supports improved cybersecurity standards and oversight to protect against breaches and to ensure a quick and robust response when they occur. Learn more about who regulates and what laws govern in the cybersecurity arena.

FBI, October Is Cybersecurity Awareness Month

As more aspects of our lives move online, it’s more important than ever to protect your digital devices and online information from criminals and scammers. During Cybersecurity Awareness Month, observed each October, the FBI and its partner agencies encourage you to practice good cyber hygiene and to be aware of common online threats.

FTC, Online Privacy and Security

Understanding online privacy, how to protect your devices from hackers and threats, and how to avoid common online scams.

Rand Corporation, Cybercrime

A wide range of computer security threats exists—including faulty software, password trafficking and fraud, and hostile groups intending to inflict damage—and awareness of these threats varies. RAND has conducted research to measure and increase understanding of the impact of cybercrime on businesses and governments and has addressed such issues as the pros and cons of counterattack, the value of deterrence and vigilance, and actions that can be taken in the face of cyberattack.

 

 

This Week in the Law Library …

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This week in the Law Library visit our tables in the Atrium to learn about the Law Library Research & Technology Competency programs! This week we are also teaching problem solving, online search techniques, technology in law practice, social justice resources, and statutes. We also continue to raise awareness for domestic violence and cybersecurity.

Welcome Back from Fall Break!

We hope your fall break was restful and relaxing.

This Week’s Research Sessions

Monday, October 17, 2022

Legal Research & Writing for LLM Students

Shannon Kemen, Legal Technology & Research Instructional Services Librarian
Room 230
8:00am – 9:20am
Problem Solving from Start to Finish

Learn about Law School Competencies

Laura Dixon-Caldwell, Instructional & Reference Services Librarian & Shannon Kemen, Legal Technology & Research Instructional Services Librarian
Atrium Table
Noon – 1:00pm

Learn about how you can participate in the law school research and technology competencies! University of Cincinnati Law students who complete the requirements of the Competency programs before graduation will receive a notation on their transcript stating that they are competent with respect to legal research and/or technology, a credential they can list proudly on their resumes as proof of the research skills they offer prospective employers.

Tuesday, October 18, 2022

Lawyering I, sec. 2

Susan Boland, Interim Director & Laura Dixon-Caldwell, Instructional & Reference Services Librarian
Room 135
9:00am – 10:25pm
Online Searching

Lawyering I, sec. 4

Michael Whiteman, Associate Dean of Library Services
Room 170A
10:40am – 12:05pm
Online Searching

Lawyering I, sec. 3

Ron Jones, Electronic Resources Instructional Services Librarian
Room 145
10:40am – 12:05pm
Researching Statutes

Technology in Law Practice

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

Learn about Law School Competencies

Laura Dixon-Caldwell, Instructional & Reference Services Librarian & Shannon Kemen, Legal Technology & Research Instructional Services Librarian
Atrium Table
Noon – 1:00pm

Learn about how you can participate in the law school research and technology competencies! University of Cincinnati Law students who complete the requirements of the Competency programs before graduation will receive a notation on their transcript stating that they are competent with respect to legal research and/or technology, a credential they can list proudly on their resumes as proof of the research skills they offer prospective employers.

Lawyering I, secs. 5 & 6

Susan Boland, Interim Director, Instructional & Reference Services Librarian
Room 230
1:30pm – 2:55pm
Online Searching

Lawyering I, sec. 1

Laura Dixon-Caldwell, Instructional & Reference Services Librarian
Room 145
1:30pm – 2:55pm
Researching Statutes

Wednesday, October 19, 2022

Legal Research Competency Program

Laura Dixon-Caldwell, Instructional & Reference Services Librarian
l2:00pm – 1:00pm
Room 107
Legal Research Using Terms and Connectors

Students who complete the requirements of the Legal Research Competency Program before graduation will receive a notation on their transcript stating that they are competent with respect to legal research, a credential they can list proudly on their resumes as proof of the research skills they offer prospective employers. This is the first live session of the program. For questions, or to RSVP, contact Laura Dixon-Caldwell at dixoncla@ucmail.uc.edu.

Thursday, October 20, 2022

Lawyering I, sec. 2

Susan Boland, Interim Director & Laura Dixon-Caldwell, Instructional & Reference Services Librarian
Room 135
9:00am – 10:25pm
Researching Statutes

Lawyering I, sec. 4

Michael Whiteman, Associate Dean of Library Services
Room 170A
10:40am – 12:05pm
Researching Statutes

Technology in Law Practice

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

Law Library Resources for Law & Social Justice Brown Bag for the Jones Center

Susan Boland, Interim Director
Room 320
12:15pm – 1:20pm

Lawyering I, secs. 5 & 6

Susan Boland, Interim Director, Instructional & Reference Services Librarian & Laura Dixon-Caldwell, Instructional & Reference Services Librarian
Room 230
1:30pm – 2:55pm
Researching Statutes

Featured Study Aids

Cybersecurity Law

Available via the West Academic study aid subscription, this book provides a relatively comprehensive examination of cybersecurity related laws. The book outlines and details the U.S. federal sectoral approach to cybersecurity, such as covering the Gramm-Leach-Bliley Act and regulations, and the Health Insurance Portability and Accountability Act Security Rule, as well as an examination of state laws impacting cybersecurity, such as data breach notification, privacy and state education laws. International issues as well as specific topics such as ransomware and the Internet of things are addressed. Notably, the book provides a review of the role of the cybersecurity professional, risk assessment as well as the National Institute of Standards and Technology (NIST) risk assessment framework, and laws related to hacking.

Principles of Cybersecurity Law (Concise Hornbook)

Available via the West Academic study aid subscription, this book covers the cybersecurity laws that apply to an entity based on the entity’s business model(s) and data collection model(s). For example, what is the applicable Securities and Exchange Commission (SEC) cybersecurity law if an entity provides an alternate trading platform (ATP) with a daily trading volume of 50,000? The authors combine years of technical and legal experience in providing a map for cybersecurity counseling based on an understanding of the CISO’s technical cybersecurity issues and how they fit into today’s cybersecurity law challenges. The authors explain the difference and overlap between privacy law, cybersecurity law, and cybersecurity. The first chapter provides a review of cybersecurity. For example, key to any discussion on cybersecurity is the Confidentiality, Integrity, and Availability (CIA) of data. Learn how to implement policy-based “reasonable security measures” frameworks for your organization that form a legal defense to cybersecurity-based actions brought by U.S. agencies such as the Federal Trade Commission (FTC) and state Attorney Generals. A high-level discussion of the National Institute of Science and Technology (NIST) cybersecurity frameworks is included as well as data breach laws, anti-hacking related laws and some international issues.

Cybersecurity and Privacy Law in a Nutshell

Available via the West Academic study aid subscription, this book provides a comprehensive and up-to-date overview of cybersecurity law and policy. Cybersecurity is a serious concern in our lives. It affects individuals, governments, the military, big businesses, small businesses, and law firms themselves. Cybersecurity policy issues implicate both private and public international law, in addition to domestic law. In this Nutshell, we present case law, federal, state and international legislation, administrative actions and regulations, and relevant policy considerations that attorneys and their clients should keep in mind, whether they are working on a case about cybersecurity or just wanting to know more about cybersecurity and privacy in the Internet age.

Featured Guide

College of Law IT Support: Information Security

The Information Security page on the College of Law IT Support Guide provides information on UC Information Security policies, how to report information security incidents, cyber security tips, and more.

Featured Database

Bloomberg Law Privacy & Data Security Practice Center

From EU GDPR to CCPA and beyond, the Bloomberg Law Privacy & Data Security Law is a platform for practitioners to track the latest developments– with actionable guidance. It features primary and secondary sources, practice tools, and analysis across data privacy law and other key topics. It contains data privacy news. It provides checklists and sample forms, as well as In Focus resource pages providing analysis of critical issues.

Featured Treatise

Law of the Internet

Available on Lexis. Internet law is changing almost as fast as technology itself. Law of the Internet is an easy-to-use resource written for busy practitioners with summaries of major cases and statutes, and forms. This annually-updated, treatise provides analysis of legal issues raised by the Internet and insightful commentary on future directions the law may take.

Featured Video

Cybersecurity Awareness Month 2022 Briefing

Even in the wake of the major attacks across regularly targeted business sectors – such as financial services, healthcare, critical infrastructure, government, energy – most people and businesses still don’t know how to better safeguard their data. Cybersecurity Awareness Month. every October, is dedicated to ensuring everyone has the resources they need to stay safe and secure online. In this special briefing, leadership from today’s leading tech companies share how their organizations are addressing cyber threats and educating others to create a more secure, interconnected world.

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 for Domestic Violence Awareness

ABA, The Commission on Domestic & Sexual Violence

The ABA Commission on Domestic & Sexual Violence’s mission is to increase access to justice for victims of domestic violence, sexual assault, and stalking by mobilizing the legal profession.

Cyber Civil Rights Initiative (CCRI)

CCRI’s Mission is to combat online abuses that threaten civil rights and civil liberties. It also advocates for technological, social, and legal innovation to fight online abuse.

Indian Law Resource Center, Safe Women, Strong Nations Project

The Center’s Safe Women, Strong Nations project partners with Native women’s organizations and Indian and Alaska Native nations to end violence against Native women and children. The project raises awareness to gain strong federal action to end violence against Native women; provides legal advice to national Native women’s organizations and Indian nations on ways to restore tribal criminal authority and to preserve tribal civil authority; and helps Indian nations increase their capacity to prevent violence and punish offenders on their lands.

National Coalition Against Domestic Violence, Statistics

Ujima, Inc.: The National Center on Violence Against Women in the Black Community

Ujima, Inc.: The National Center on Violence Against Women in the Black Community serves as a national, culturally-specific services issue resource center to provide support to and be a voice for the Black Community in response to domestic, sexual and community violence.

National Cybersecurity Awareness Month

October (2)
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 — “See Yourself in Cyber” — demonstrates that while cybersecurity may seem like a complex subject, ultimately, it’s really all about people. For individuals and families, you are encouraged to See Yourself taking action to stay safe online. That means enabling basic cyber hygiene practices: update your software, think before you click, have good strong passwords or a password keeper, and enable multi-factor authentication (meaning you need “More Than A Password!”) on all your sensitive accounts.

More Resources on Cybersecurity

National Cybersecurity Alliance, Hacked Accounts (May 26, 2022)

This article offers quick tips to see if someone else has gained access to your account and ways you can regain control if your account has been compromised or hacked.

National Cybersecurity Alliance, Online Safety Basics (May 26, 2022)

With a little knowledge, a dash of effort, and a few minutes of time, you can keep your sensitive data and computer systems locked down tight. Cybersecurity does not have to be intimidating! It does not require a large investment of time or money! In fact, you can secure your digital life with trusted free tools, and now many cybersecurity best practices can be automated.

SANS #SecureTheFamily | Practical Ways to Stay Safe Online – From Our Experts to Your Home

Heather Mahalik, Digital Forensics Expert, SANS Faculty Fellow, Cellebrite Senior Director of Digital Intelligence, developed the SANS Security Awareness #SecureTheFamily global initiative to help keep your kids, family, and home safe from cyber harm. Leverage these tools to learn practical advice on how to keep your family safe online with a focus on proper device usage and limits for all ages.

Krebs On Security

Krebs on Security is a daily blog on cybersecurity and cybercrime. It’s written by Brian Krebs, an American journalist and investigative reporter.

Cyber Games

The Cybersecurity & Infrastructure Security Agency (CISA) partnered with Pacific Northwest National Laboratory (PNNL) to create a series of cyber games for K-12 students and early career, non-technical cybersecurity professionals that were released via the Apple AppStore and Google Play in 2021.

Defend the Crown –protect castles from potential invasion by deploying various cyber defenses.
Network Collapse – route network packets to the correct destination and apply cyber defense strategies to secure the network while managing growing connections.
Hotel Hijinks – learn about real cybersecurity challenges posed by the Internet of Things (IoT), collect clues, and catalog smart devices to end cyber-attacks and catch hackers.