Tech Tip: PACER & PDF/A

The PACER Case Management/Electronic Case Files (CM/ECF) system is the Federal Judiciary’s comprehensive case management system for all bankruptcy, district, and appellate courts. CM/ECF allows courts to accept filings and provides access to filed documents online.  This is the system you will use as an attorney to make electronic filings with the federal courts.

Did you know that the Judiciary is planning to change the technical standard for filing electronic documents in CM/ECF from PDF documents to PDF/A documents?

What is PDF/A?

PDF/A is an International Standards Organization (ISO) standard document format.  It is a subset of the PDF standard which excludes those PDF features that give rise to concerns about the ability to archive documents.

Why are they changing to PDF/A?

The change from PDF to PDF/A will improve the archiving and preservation of case-related documents.

What do you need to view a PDF/A document?

A PDF viewer like Adobe (or the PDF viewer you currently use) should already have the ability to view PDF/A documents.

How can you create a PDF/A document?

PDF/A documents are most commonly created using: a word processor program, a scanned document or Adobe Acrobat.  To learn more about creating PDF/A documents, visit the library for help or earn 100 Lexis points by watching the video on Docket Research and viewing the handout: Creating a PDF/A Document, available in the UC Law Library & Lexis Prepare to Practice Series.

For additional information about the UC Law Library & Lexis Prepare to Practice Series contact Shannon Kemen.

Banned Books — They’re Not Just a Public School / Public Library Problem

When most people think of banned books they think of parental challenges to books in public schools or public libraries. It is true that most of the book challenges (96%) reported to the American Library Association’s Office of Intellectual Freedom occur in those settings. They key word here is “reported.” There is a largely unremarked upon issue of banned books when it comes to prison settings.

In Thornburgh v. Abbott, 490 U.S. 401, 414-419 (1989), the U.S. Supreme Court applied a four factor test (taken from Turner v. Safley, 482 U.S. 78 (1987)) to prison regulations banning certain publications:

  1. Whether the governmental objective underlying the regulations at issue is legitimate and neutral, and that the regulations are rationally related to that objective.
  2. Whether there are alternative means of exercising the right that remain open to prison inmates.
  3. The impact that accommodation of the asserted constitutional right will have on others (guards and inmates) in the prison.
  4. The existence of obvious, easy alternative.

Which books are banned from prisons is largely a regulatory issue. In the Federal prison system, 28 C.F.R. § 540.71 (2018) provides the general procedures governing publications coming into prisons. States have their own regulations. Ohio’s can be found in the Ohio Admin. Code 5120-9-19.

The Tallahassee Democrat reported that 20,000 books have been banned in Florida prisons. The Human Rights Defense Center, which at one point sued over the banning of Prison Legal News, has also received a list of books banned by Florida prisons. Among the books related to prisons and prisoner rights banned:

Florida is not alone in banning books related to prisoner rights. The Center for Constitutional Rights and the National Lawyers Guild filed a lawsuit in the Western District of Virginia challenging the Virginia Department of Corrections’ decision to ban their joint publication, the Jailhouse Lawyer’s Handbook, from all Virginia prisons. That suit was settled but that is just one banned publication of many. Other books that have been banned include books critical of policing and the prison system such as The New Jim Crow, Prison Nation, and Chokehold: Policing Black Men.

The Human Rights Defense Center obtained a thirty-three page list of printed materials and books that are screened and excluded from Ohio prisons. You can also read about banned book lists from other states at The Human Rights Defense Center and at Books to Prisoners. Even if a book is not banned, getting access to books is also an issue. Prisons in Ohio and other states have even banned book donations, requiring prisoners to purchase new books from approved vendors.

For more on this issue:

“A dangerous book will always be in danger from those it threatens with the demand that they question their assumptions. They’d rather hang on to the assumptions and ban the book.” ― Ursula K. Le Guin (from In Support of Banned Books Week: Quotes on Censorship)

 

This Week at the Law Library …

Banned Books Week

The Law Library is celebrating your right to read!

According to the American Library Association, “Banned Books Week was launched in the 1980s, a time of increased challenges, organized protests, and the Island Trees School District v. Pico (1982) Supreme Court case, which ruled that school officials can’t ban books in libraries simply because of their content.”

Stop by our display on banned books and learn about the top 11 banned books in 2018, cases involving banned books, who challenges books, and why books are challenged.

Research Instruction

Monday, Sept. 23

  • Library & Lexis Lunch & Learn: Ohio Legal Practice Materials
    • Associate Director of Public & Research Services Susan Boland and Lexis Representative Ashley Russell will discuss Ohio Legal Practice Materials
    • 12:15 – 1:15pm
    • Room 302
    • Lunch and Lexis points provided

Wednesday, Sept. 25

  • Prepare to Practice: Docket Research
    • Reference Librarian Shannon Kemen and Lexis Representative Ashley Russell will be holding a prepare to practice table outside of rooms 114 and 118.
    • 12:15 – 1:15pm
    • Hallway across from 118
    • Snacks and Lexis points provided
    • Join the UC Law Library Prepare to Practice Community to access a video and quiz on docket research

Featured Study Aids

  • First Amendment (Concepts & Insights)
    • Available online through our West Academic subscription
    • This study aid covers the major areas of this complex doctrine, including the religion clauses. The text also probes theories of free speech and debates over controversial issues such as campaign finance, hate speech, and religious exemptions.
  • Understanding the First  Amendment
    • Available online through our Lexis OverDrive subscription and in print at Ref. 2  KF4770 .W43 2017
    • This study aid covers the origins and nature of the First Amendment, speech advocating violent or illegal action, content regulation of speech, limited protection of speech, content neutrality of speech, freedom of association and compelled expression, media and the first amendment, the Establishment Clause, and the Free Exercise Clause.

 

Constitution Week at the Robert S. Marx Law Library

This week the Robert S. Marx Law Library celebrated Constitution Week!

We started out the week with a display on the questions of the U.S. Supreme Court’s legitimacy and the role of the U.S. Supreme Court in resolving conflict. We also set out beginning, intermediate, and expert level Constitutional crosswords (courtesy of ConstitutionalFacts.com). For those who did them, check out the answers!

#Constitution Day is observed each year on September 17 to commemorate the signing of the Constitution on September 17, 1787. Public Law 108-447 requires that every educational institution which received Federal funds hold a program on the Constitution for students on September 17. This year the College of Law’s Constitution Day speaker, Professor Melissa Murray @ProfMMurray held a conversation with a packed house about the U.S. Supreme Court’s role in resolving conflict.

Among the cases discussed by Prof. Murray included Rucho v. Common Cause (partisan gerrymandering), Department of Commerce v. New York (the census question case), Janus v. American Federation of State, County, and Municipal Employees, Council 31 (union “Fair Share” dues and the First Amendment), Gamble v. United States (separate sovereigns doctrine with discussion of stare decisis), June Medical Services v. Gee (admitting privileges and abortion providers), Box v. Planned Parenthood of Indiana and Kentucky Inc. (Indiana law on the disposition of fetal remains), and Kisor v. Wilkie (deference to agencies). In her discussion of resolving conflict, Prof. Murray addressed the concept of stare decisis and how the Robert’s Court is approaching it. In the past, the Supreme Court has weighed specific factors in its consideration of overturning precedent: (1) the quality of the past decision’s reasoning, (2) workability, (3) its consistency with related decisions, (4) changed understanding of facts and legal developments since the past decision, and (5) reliance on the decision throughout the legal system and society. While Professor Murray characterized Justice Roberts as an institutionalist, concerned with the reputation of the Court, she also indicated that the Robert’s Court may be on the path to revisiting the rules of stare decisis. She pointed out the opinions by Justices Thomas and Gorsuch in Gamble and Kisor as movement in this direction.

She closed by responding to an audience member question that people cannot depend on the Federal courts to be our advocates. People need to be involved at every level, state and federal government. All in all it was a fascinating discussion with great questions from the audience as well.

As part of #Constitution Day, and in connection with the lecture, the Law Library had a well-received exhibition titled “Hamilton Is Here! The display included a number of noteworthy items. These books were of exceptional rarity and importance, being the original first editions of some of the key works in American legal and constitutional history.

One of the remarkable item from the display was “The Federalist Papers.” Published in 1788 in two volumes, first edition of one of the key works in the history of the United States. It is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the pseudonym “Publius” to promote the ratification of the United States Constitution. The collection was commonly known as The Federalist until the name The Federalist Papers emerged in the 20th century.

federalistpapers

One other item on display was a rare work, being one the earliest books printed in Cincinnati “Laws of the Northwest Territory.” Published in 1800 in Cincinnati from the Press of Carpenter & Findlay, Printers to the Territory.

magnacarta

This Week at the Law Library…

Constitution Week

The Law Library is celebrating Constitution Week!

  • Check out our Constitution Week Display: Constitutional Conflict & the Supreme Court
  • Stop by the Marx Law Library Table Outside Room 114 to browse the oldest and rarest print books about the Constitution, September 17, 10:00am -2:00pm
  • Constitution Day Lecture:
    • Melissa Murray, professor of law at New York University School of Law , will discuss constitutional conflict and the U.S. Supreme Court’s role in resolving such conflict in her talk “Looking Ahead: Constitutional Conflict and the Court.”
    • Tuesday, Sept. 17 at 12:15pm in Room 114
  • Test your knowledge of the Constitution!
    • Try one of the Basic, Intermediate, or Expert level crossword puzzles on our display table!

Research Instruction

Wednesday, Sept. 18

  • Prof. Bryant’s Legislative & Statutory Interpretation Seminar
    • Associate Director of Public & Research Services Susan Boland will go over how to do Federal and State legislative history research and discuss other resources for statutory interpretation
    • 3:05pm – 4:00pm
    • Room 306

Thursday, Sept. 19

  • Prof. Smith’s Lawyering I, Section 3
    • Associate Director of Public & Research Services Susan Boland will teach section 3 how to research cases and use citators
    • 9:00am – 10:25am
    • Room 100B
  • Prof. Smith’s Lawyering I, Section 4
    • Associate Director of Public & Research Services Susan Boland will teach section 4 how to research cases and use citators
    • 1:30pm – 2:55pm
    • Room 100A

Friday, Sept. 20

  • Prof. Oliver’s Lawyering I, section 2
    • Electronic Resources & Instructional Services Librarian Ron Jones will teach section 2 how to research secondary sources
    • 9:00am – 10:25am
    • Room 100B
  • Prof. Oliver’s Lawyering I, section 6
    • Electronic Resources & Instructional Services Librarian Ron Jones will teach section 6 how to research secondary sources
    • 10:40am – 12:05pm
    • Room 100B

Featured Study Aids

  • Principles of Constitutional Law
    • Available via the West Academic subscription and Law Ref 2 KF4550 .N69 2016
    • This study aid analyzes the constitutional issues studied today, and discusses the origins of judicial review and federal jurisdiction, federal commerce and spending powers, state powers in light of the dormant Commerce Clause, the war power, freedom of speech and religion, equal protection, due process, and other important individual rights and liberties.
  • Understanding Constitutional Law
    • Available via Lexis OverDrive and KF4550 .R43 2012
    • Understanding Constitutional Law covers all of the central concepts and issues students encounter in any basic constitutional law course. Structure of Government issues revolve around the twin themes of federalism and separation of powers. Individual rights and liberties follow a concept organization-Due Process, Equal Protection, and First Amendment.
  • Constitutional Law: Principles and Policies by Erwin Chemerinsky
    • Available Law Reserves Law Reserves KF4550 .C427 2015
    • Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law.

Featured Database

  • HeinOnline: Congress & the Courts
    • Congress and the Courts brings together materials reflecting congressional concern with the composition and structure of Article III Courts and provides all relevant documents prepared by various Congresses relating to the purpose, formation, organization, and restructuring of the judiciary. This collection focuses on the development and growth of the federal courts and judiciary and is a source of original material of congressional fact finding and decision making. Decades of legislative intent, testimony, and pre-enactment history is provided in this collection.

Featured Guide

  • Federal Legislative History Guide by Electronic Resources & Instructional Services Librarian Ron Jones
    • This guide is designed to help you understand the Federal Legislative process as well as what documents comprise a legislative history. It covers the major print materials, free web sources, and online databases. The guide can be used by students, faculty members, lawyers, and the general public.

Hispanic Heritage Month

Hispanic Heritage Month is nationally recognized during the dates of September 15 – October 15 as of 1988 to acknowledge the important contributions made by Hispanic and Latino-Americans to the United States. This year the theme is “Hispanic Americans: A History of Serving Our Nation.”

President Trump’s Proclamation

Governor DeWine’s Proclamation

Local Events:

  • Hispanic Heritage Month Opening Luncheon Monday, Sept. 16 12pm – 1pm TUC 400B
  • Noche Latina with FC Cincinnati Wednesday, Sept. 18
    • Pregame 5:30pm on Sheakley Lawn
    • Game Match 7:30pm Nippert Stadium
  • Hispanic Volunteer Week with LEA Sept. 22 through Sept. 28
    • Follow Instagram @latinxenaccion_uc for more information
  • LULAC Scholarship Celebration Tuesday, Sept. 24 6pm – 8:30pm Northern Kentucky University
  • Journey of Latina Judge Marilyn Zayas ’97: An Insider’s View of Ohio’s Court of Appeals for University and Law School Students, Wednesday, October 2nd, 2:00-3:30pm, First District Court of Appeals, 230 E. 9th St., 12th Floor.  Join Judge Zayas as she shares her personal journey to encourage and inspire the next generation to pursue their dreams regardless of the challenges they face.  RSVP here.
  • Being Brown: Sonia Sotomayor and the Latinx Question, Lázaro Lima, Hunter College, CUNY, 4 PM, October 3 at the Taft Research Center
  • Ohio Latino Student Summit, Friday, Oct. 4 8am – 4pm TUC 4th Floor
  • Latin Night with LEA, Friday Oct. 4 TBA
  • Volunteer Day with The Cincinnati USA Hispanic Chamber, Sunday Oct. 12, 8:30am – 12:30pm
  • Hispanic Heritage Month Ending Taco Tuesday, Tuesday Oct. 15 2pm – 4pm at the EPS Office

 

Celebrate Taft Week!

This week is Taft Week at the College of Law. Join us as we celebrate President Taft’s 162nd birthday! The Student Bar Association has scheduled several events for this week:

  • Monday, Sept. 9th doughnuts and coffee outside of Rooms 114/118
  • Wednesday, Sept. 11th postcards for NYC police and firefighters (available outside of Rooms 114/118)
  • Thursday, Sept. 12th Taft Week Lecture
    • Prof. McMahon speaks on the “5 Things Everyone Should Know About Taft” at 12:15pm in Room 114 (cupcakes provided)
  • Friday, Sept. 13th Taft Trivia in Room 114 at 7pm.

Be sure and check out our Who Was Taft? display in the Law Library, the Taft information on our digital sign, and our Taft Week Guide! With all of that information, you’ll be sure to dominate Taft Trivia!

Remembering 9/11

Do you remember what you were doing on 9/11 when you first heard the news? I and many people can you tell you exactly where we were and what we were doing. I was getting ready for a legal research workshop which involved print resources. One of the law librarians I worked with set up televisions so that students, faculty, and staff could watch the news coverage. I taught my legal research workshop and my students completed the exercise but we were all distracted and found it difficult to concentrate.

In the not-quite two decades since 9/11, how are we preserving what we know about that day?

The National Park Service is building a memorial for Flight 93. Flight 93 was the passenger flight from New Jersey, bound for California that was part of the September 11 attacks. Passengers attempted to regain control of the plane and it crashed into a field in Somerset County, Pennsylvania. All 44 people on board were killed, including the hijackers. On September 24, 2002, Congress passed the Flight 93 National Memorial Act. The Act “Established a Memorial at the September 11, 2001, crash site of United Airlines Flight 93 in Stonycreek Township, Somerset County, Pennsylvania, to honor the passengers and crew of Flight 93.” The Act also designated the National Memorial as a unit of the National Park system. The Memorial Plaza, Wall of Names, and Entrance Road were dedicated on September 10, 2011. The Visitor Center, Learning Center, and Walkway to the Memorial Plaza were dedicated on September 10, 2015. The Tower of Voices is currently in development. On the National Park Service Flight 93 Sources and Detailed Information webpage, you can find the cockpit voice recorder transcript, the Flight Path Study by the NTSB, transcripts of passenger and crew phone calls, the flight seating chart, and photographs of the crash site.

The Library of Congress has a September 11, 2001, Documentary Project. “The September 11, 2001 Documentary Project captures the reactions, eyewitness accounts, and diverse opinions of Americans and others in the months that followed the terrorist attacks on the World Trade Center, the Pentagon, and United Airlines Flight 93.” The Collection contains 400 audio and video recordings, 8,100 manuscript materials, 421 graphic and photographic materials, electronic media, and artifacts.

After the attacks, Congress formed the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) through Public Law 107 – 306 – Intelligence Authorization Act for Fiscal Year 2003. In addition to reading the text of the public law on Govinfo.gov, you can also read President Bush’s signing statement and remarks at the signing. The 9/11 Commission gave the National Archives approximately 570 cubic feet of textual records. Although many of the records are still classified, the unclassified records are being processed as documents are requested. Many of the Memorandums for the Record from the over 1200 fact-finding interviews are online. You can see the list of released material on the National Archives’ 9/11 Commission Series website.

New York has established The National 9/11 Memorial Museum with the mission of “exploring the implications of the events of 9/11, documenting the impact of those events and exploring 9/11’s continuing significance.”

The September 11 Digital Archive has been added to the Library of Congress. They have been “collecting and archiving first-hand accounts, emails and other electronic communications, digital photographs and artworks, and a range of other digital materials related to the attacks.”

There are other 9/11 resources out there but the final resource to highlight is the Internet Archive’s Understanding 9/11: a Television News Archive. This archive covers news of 9/11 broadcaster in the U.S. and Internationally.

We will never forget.