The Goodson Blogson

The vast majority of state bar associations offer their members free access to one of the major low-cost legal research services, Casemaker and Fastcase . The advantages are obvious for solo practitioners and small-firm attorneys, who rely on these research services for access to primary law and selected secondary materials. But even Biglaw practitioners can benefit from access to these alternatives to premium services like Westlaw, Lexis, and Bloomberg: they provide uncluttered case law and statute searching, and include unique features like Fastcase's interactive search results timeline ( covered in the ABA Journal last year), local legal materials such as county and city codes, and secondary sources like CasemakerLibra's Continuing Legal Education collection or Fastcase's treatise library (added after its recent acquisition of the now-defunct service Loislaw). There have been some changes to the state bar associations' legal research offerings since the Goodson B...

The Goodson Law Library has subscribed to the ProQuest Regulatory Insight database. Current members of the Duke University community may access this new electronic resource via the online catalog , or through the Legal Databases & Links list. Much like its sister site ProQuest Legislative Insight offers for federal legislative history materials, ProQuest Regulatory Insight includes compiled regulatory histories for administrative materials related to enacted federal laws. (For an example, see the compiled history for the Patient Protection and Affordable Care Act of 2010 .) The just-released first phase of this database includes regulatory histories from laws enacted during 2001-2015. As additional regulatory histories are added throughout the year 2016, the database will eventually cover the time period 1936-2016. ProQuest Regulatory Insight also provides detailed indexing and full-text searching of the text of the Federal Register (back to 2000) and the Code of Federal...

With final exams on the horizon, we wanted to review some important library information and resources to help you through the end of the semester. Library Access Exam time brings a temporary change to the library's access policy , most notably in the evening hours. From now until the end of exams (Friday, December 18), access to the Goodson Law Library for study purposes will be limited to current Duke Law students, faculty and staff. Card-swipe access to the library entrance will be required after 5:00 p.m. on weekdays and all day on weekends. Members of the Duke University community or general public who require access to the library for legal research purposes should contact the library service desk for assistance during reference service hours (Monday – Friday, 8:00 a.m. to 5:00 p.m.). Additional study space is available to all throughout the building, such as in the Star Commons. Getting Technical If you will use your laptop to take an exam, make sure you have ...

December is almost here, which means the law students in your life are preparing for the end of fall classes and their final exams. Since 2009, the Goodson Blogson has put together a small gift idea list for your favorite future lawyers. Attorney/blogger Reid Trautz has already released his annual gift guide for lawyers , which include "the world’s first smart earplugs " by Hush Technology . These Bluetooth earplugs can reduce ambient noise by 30 decibels, and can also be set to play noise-masking sounds in order to reduce up to 40 additional decibels. Although the plugs are designed mainly to help with a better night's sleep (currently they cannot be set to play a user's own music), law students may appreciate the noise-masking features when studying for finals in the library, or trying to catch a mid-flight nap while traveling to callback interviews. If your law student would prefer a more versatile set of noise-cancelling earbuds, check out the brand recommenda...

On Friday, December 4, the Duke University Libraries' Visualization Friday Forum series will host a lunchtime talk by medical illustrator and artist Jennifer McCormick , who creates courtroom exhibits designed to explain complex medical concepts to juries. (Sample case studies are available on her website, Art for Law & Medicine .) The event is co-sponsored by Duke Law School's Academic Technologies department and the Trent Center for Bioethics, Humanities & History of Medicine . The Power of Intention in Art and Medicine Jennifer McCormick • Art for Law & Medicine Friday, December 4, 2015 | 12-1pm Duke Hospital Lecture Hall 2003 ( map ) Lunch will be provided Additional details: Data and Visualization Services blog . Medical evidence can be difficult to comprehend for jurors and attorneys alike. In addition to valuable demonstrative evidence by illustrators like Ms. McCormick, a number of resources are available to aid litigators who are handling a c...

Just in time for Election Day, the Federal Election Commission has launched phase one of beta.fec.gov , where it is testing new features for federal campaign finance data. The new site offers a slick new design compared to the long-running FEC Campaign Finance Disclosure Portal , which remains online as well while the beta site is developed. The beta site currently includes a glossary of campaign finance terms, as well as a new look for campaign finance data . Users can search for an overview of an individual candidate or committee, and can also use the Receipts feature to search for an individual or corporate contributor. Candidate information includes a summary of campaign financial operations, as well as links to required filings, such as financial disclosures and statements declaring candidacy. Compare, for example, leading 2016 presidential primary candidates Dr. Ben Carson and Hillary Rodham Clinton . Committee information includes candidates' principal campaign comm...

This guest post was written by Marguerite Most , Reference Librarian and Senior Lecturing Fellow. "Men think 'tis a disgrace to change their mind… But there is not a greater piece of folly than not to give place to right reason." Samuel Sewall, January 1689. Source: Salem Witch Judge: The Life and Repentance of Samuel Sewall , a 2007 biography about Sewall in the Goodson Law Library collection. Scholars of colonial history will know the name Samuel Sewall . He was one of nine judges who presided over the 1692 witchcraft trials in Salem, and the only one to publicly acknowledge and accept blame for the harm and horror of the trials. Sewall is almost as well-known as the author of the first abolitionist tract in colonial America. Portrait of Samuel Sewall by Nathaniel Emmons (1728). Massachusetts Historical Society . In May 1692, Samuel Sewall was appointed by Massachusetts Governor William Phips to sit on the Court of Oyer and Terminer, a court created specific...

This guest post was written by Marguerite Most , Reference Librarian and Senior Lecturing Fellow. People were accused and executed for witchcraft throughout the colonies during the seventeenth century, but especially in Massachusetts. Today dressing in a witch's costume on Halloween is a way to make merry. But in the 17th-century Massachusetts Bay Colony, Puritans, who followed strict religious rules in their daily lives, lived in a pre-science era. Witches were real, and their doings explained what could not be otherwise explained. In the years preceding the Salem witchcraft trials Puritans ministers warned from the pulpit about demonic possessions and visits from Satan. Everyday reality mingled with an invisible world inhabited by these spirits, and religious values permeated every aspect of society. Satan was said to appear as a “black rogue,” or an Indian or an animal called a witch's familiar. For the Puritans, the devil and his witches affected the world in very serio...

When the U.S. Congress needs a closer look at how federal funds are being spent, it calls upon the U.S. Government Accountability Office (GAO) . Formerly known as the General Accounting Office from its creation in 1921 until its current name change in 2004, this non-partisan investigative office is nicknamed "the congressional watchdog" for its auditing responsibilities over federal agencies and programs. GAO investigations usually result in either congressional testimony or the publication of reports (or both). These reports are available online back to the agency's inception in the early 1920s, and are still commonly known as "blue books" after their former appearance in print, although they are now available only electronically. Reports & Testimony can be browsed or searched at the GAO website. The Advanced Search is recommended. U.S. GAO reports can only be updated at the request of a member of Congress, either through legislation or via a request...

Students of evidence already know that hypnotism has a long history in our legal system (for example, a 1902 Yale Law Journal article explored " Legal Aspects of Hypnotism "). Hypnotically-refreshed testimony, highly controversial on the subject of its admissibility and reliability, has received the majority of scholarly attention over the years. But another, even older, twist on hypnotism and the law resurfaced this week – liability for harm to a hypnotist's subject . In an unusual case from Florida, a school board approved a $600,000 settlement agreement with the families of three high school students who died in 2011 after they were hypnotized by the school's former principal. During an investigation after the tragic suicide of the first student, the school discovered that then-Principal George Kenney had hypnotized as many as 75 students and staff members in the school, and also taught students self-hypnosis techniques as a method to improve concentration. (A...

Monday, October 5 marks the start of the U.S. Supreme Court's October Term 2015. Since 1916, the " first Monday in October " has been the official kick-off of Supreme Court arguments for a particular term, as outlined in 28 U.S.C. § 2 . Although the last OT2014 opinions were handed down in late June, the Court doesn't exactly kick back for a lengthy summer vacation: justices have been hard at work behind the scenes this summer reviewing new petitions for certiorari . There are already forty cases on the docket for this term ( listed with brief descriptions at SCOTUSblog ); the Court continues to add new cases to the term, with thirteen petitions granted just today . The cases already scheduled for oral argument can be viewed at the Supreme Court's Argument Calendars page. First in line this year is OBB Personenverkehr AG v. Sachs , concerning the definitions of "agent" of a "foreign state" under the Foreign Sovereign Immunities Act. The SCOT...

The average torts casebook contains a fascinating – and sobering – history of negligent acts and liability for injuries, from bringing fireworks onto a crowded train to being hit by a stray baseball and countless other misfortunes in between. But now there's a place where seminal moments in the history of U.S. tort law will really come to life. This weekend, the American Museum of Tort Law had its dedication ceremony in Winsted, Connecticut, and officially opens its doors on Sunday. The new museum is the brainchild of consumer advocate (and Winsted native) Ralph Nader, whose 1965 book Unsafe at Any Speed revolutionized the consumer protection movement and resulted in the passage of federal automobile safety standards. The New York Times reviewed the museum's development and opening exhibits. These include such well-known examples as the McDonald's "hot coffee" spill, tobacco and asbestos litigation, and the defective automobiles which spurred the publication...

Legal forms can be a time-saving template for any attorney, providing suggested language for the drafting of a contract or legal pleading. In some areas of practice, the use of certain forms may be required. The Goodson Law Library has just updated its research guide to Legal Forms , which provides information about locating forms in print and electronic formats. The Goodson Law Library maintains a collection of many major form book sets in print, including American Jurisprudence Legal Forms (a companion to the AmJur encyclopedia), West's Legal Forms , and Douglas' Forms (specific to North Carolina practice). Most of the general form sets can be found in the Practice & Procedure collection on Level 3; Douglas' Forms is located in the North Carolina Alcove on Level 2. Krusty's Legal Forms , which is sadly not a real publication. Credit: The Simpsons: The Last Temptation of Krust (FOX television broadcast Feb. 22, 1998). As the guide notes, members of th...

When even the author of a leading scholarly treatise calls its subject matter "tricky" and "a puzzle," researchers know they are in for a challenge. That's the reality of securities law , a complex area governing such negotiable instruments as stocks and bonds, as well as their secondary markets. Securities law research can include primary and secondary sources of law, at both the federal and the state levels. It is governed by a massive collection of statutes, regulations, and administrative law materials from the U.S. Securities and Exchange Commission (SEC) . In addition, self-regulating organizations (SROs) , such as FASB and FINRA, set standards and issue pronouncements which may also need to be reviewed when researching a securities law topic. These sources are available free on the web in some cases, but may be more conveniently navigated in a subscription research database like Westlaw , Lexis , or Bloomberg Law , which each have customized securities ...

Yesterday, the Supreme Court of Nova Scotia heard a challenge to the Canadian province's anti-cyberbullying law , which was passed in 2013 following the suicide of 17-year-old Rehtaeh Parsons. Parsons, a victim of sexual assault, had been harassed for several months by students at her school after a photo of the attack was circulated online. In response to her tragic death, Nova Scotia lawmakers enacted the Cyber-safety Act , which prohibits "electronic communication […] that is intended or ought reasonably [to] be expected to cause fear, intimidation, humiliation, distress or other damage or harm to another person’s health, emotional well-being, self-esteem or reputation." Under the Act, victims of cyberbullying may be entitled to civil damage awards from their harassers, or from the parents of minor children who engage in online harassment. Robert Snell, who was accused of cyberbullying by a former business partner, has challenged a protective order issued against hi...

[This is a guest post by Reference Librarian and Senior Lecturing Fellow Marguerite Most .] Whether you're returning to Duke after a summer away, or you're new to Duke Law School and just beginning your legal career, you'll soon learn that a new 20th edition of The Bluebook has arrived. The Bluebook: A Uniform System of Citation is the legal citation manual followed by journals at Duke Law School, taught in the LARW course required of all 1L students, and used at most law schools nationwide. Print copies of the 20th edition are available on reserve at the Circulation/Reserve desk and the new electronic (subscription) version is available for purchase online . For a practical introduction to the 2015 edition of The Bluebook , see the Goodson Blogson post of June 5 which announced this new 20th edition, highlighted several significant rule changes and linked to a list of differences between the 19th and 20th editions. A change that will surely please law review editors...

Last week, a county court filing by Staten Island attorney Richard A. Luthmann became an unexpected media sensation. Luthmann is being sued by creditors of a former client, who allege that the attorney advised their debtor to liquidate assets in order to avoid a judgment collection. It’s not the sort of case which usually garners such widespread publicity, but Luthmann also isn't a typical defendant. In a July 24 reply affirmation , he derided the plaintiffs' "moronic" legal argument and "thug tactics," called opposing counsel's visualization of the case timeline "a glorified comic book piled on top of pure and adulterated extortion," and ended with a formal demand for a Trial By Combat . What's a trial by combat, some may ask? You'd be forgiven for not knowing, since a recorded example has not occurred in centuries. Also known as "judicial combat" or "the wager of battle," a trial by combat allowed the outcome of ...

Over the last few months, Caitlyn Jenner has shared details of her life as a transgender woman in media interviews and her reality television program I Am Cait . Jenner was well-known around the world as the 1970s star Olympic athlete Bruce Jenner, and gained new fame in the late 2000s as a part of the E! television series Keeping Up With the Kardashians , which followed the lives of Jenner's family with now ex-wife Kris Jenner. In April, Jenner disclosed her identity as a transgender woman during an ABC News interview , and revealed her new first name and physical transformation on the July cover of Vanity Fair . Caitlyn Jenner's story has increased the visibility of transgender persons in America. Surveys have estimated that about 0.5% of Americans identify as transgender, and a poll conducted by the advocacy group GLAAD indicated that only 8% of Americans personally know a transgender individual. Jenner (and other high-profile transgender celebrities, like Emmy-nominated ...

Sunday, July 26 marked the silver anniversary of the Americans with Disabilities Act (ADA) , a landmark federal law which prohibits discrimination against people with disabilities. The ADA also created clear accessibility standards and requirements for employers, governments, places of public accommodation, and transportation services. President George H.W. Bush signed the ADA into law on July 26, 1990, in a ceremony on the White House lawn which included a number of disability rights advocates. ADA signing ceremony, July 26, 1990. (AP Photo/Barry Thumma) The U.S. Congress outlined the purpose of the ADA in a lengthy and moving "Findings" section, codified today at 42 U.S.C. § 12101(a) . Lawmakers noted that "physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination." The ADA drafters ...

The Goodson Law Library has just added the legal research service LoislawConnect to its database subscriptions. The service includes federal and state case law, statutes, and regulations, as well as a large practitioner treatise library of Wolters Kluwer publications and Continuing Legal Education materials from five states, including New York. Finding documents on Loislaw requires the use of Boolean searching; an extensive help menu of Expert Search Tips is available. LoislawConnect home screen Loislaw is one of several legal research options available to Duke users who are not affiliated with the Law School. LexisNexis Academic is a campus-wide version of the Law School's LexisNexis research service. Select Search by Content Type: Legal to view available resources, including state and federal case law, statutes and regulations, and law review articles. The University community can also search thousands of law review articles through the LegalTrac database. HeinOnlin...

The Framers of the U.S. Constitution vested Congress with the power "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The earliest American patent statute was enacted in April 1790 , and provided successful applicants with exclusive rights in their inventions for a period of fourteen years. Only three inventors were granted patents under this version of the Act (which would be revised in 1793). The first was " Samuel Hopkins of the city of Philadelphia ," who was granted patent number X0000001 on July 31, 1790. Hopkins received the first U.S. patent, signed by President George Washington himself, for his method of manufacturing pot ash and pearl ash, forms of potassium carbonate which were commonly used in the production of soap or fertilizer. U.S. Patent No. X000001, granted to Samuel Hopkins on July 31, 1790. The enterprising Hopk...