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Showing posts from 2016

Lights Out for Lexis.com

On December 31, 2016, Law School access to the original Lexis.com interface will be phased out. Beginning on January 1, all Law School research will be through Lexis Advance , the interface which debuted in 2011. (Recently, Lexis.com was only accessible via a pull-down menu within Lexis Advance, but soon that option will be removed.) 100% of Lexis.com content has migrated into Advance, making the long-term upkeep of parallel research systems unnecessary. ( Law firm and other commercial users of Lexis.com will have an additional 12 months to get up to speed on Lexis Advance while retaining access to Lexis.com.) Lexis has created a "Lexis.com Migration Center" (login required) with handouts and training videos to help Lexis.com users learn more about the Advance interface and content. In particular, the PDF handout "The Research Tasks You Do Most: Here's How at Lexis Advance" is a handy primer to the most popular research needs. Additionally, the LexisNexis L...

Charity Checkups

The end of the calendar year often sees an increase in solicitations from non-profit organizations. Whether you feel compelled to give back or are just calculating charitable deductions for next year's tax return, it's helpful to research tax-exempt organizations to learn more about where your dollars are being spent, and to avoid sending money to fraudulent organizations. The Internal Revenue Service's Exempt Organization Select Check provides quick information about particular non-profit organizations, and the general deductibility level of contributions. For more detailed financial data regarding tax-exempt organizations, the best source is the annual Form 990 filed with the IRS. Form 990 archives are available through a number of sources: Duke University community members have access to GuideStar , a leading source of reliable nonprofit information and backfiles of Form 990. Charity Navigator is another option to review ratings of charitable organizations, incl...

Remembering Gary Slapper

Last night, the Times of London's Twitter account noted the passing of its longtime "Weird Cases" columnist, Gary Slapper : All @thetimes very sad to learn of the untimely death of our columnist @garyslapper . A huge loss - a lover of law's curiosities & people. — Times Law (@TimesLaw) December 5, 2016 Slapper's name should be familiar to many legal researchers, as the author of several leading textbooks on the law of England: The English Legal System and How the Law Works . As the legal news website Legal Cheek noted today , he was also a prolific humorist, in his Times column and on social media. In addition to several editions of Slapper's seminal textbooks, the Goodson Law Library collection also contains Slapper's collection of Weird Cases: Comic and Bizarre Cases from Courtrooms Around the World . To see which of his works are available in the Goodson Law Library collection, try a search of the Duke University Libraries catalog for the...

Federal Rules: What's New For December 2016

On December 1, changes to the federal rules of general application become effective, if they are adopted by the U.S. Supreme Court and submitted to Congress before May 1. This year, the U.S. Supreme Court has adopted amendments to selected Federal Rules of Civil Procedure, Criminal Procedure, Appellate Procedure, and Bankruptcy. One of the highest-profile changes this year involved Rule 41 of the Federal Rules of Criminal Procedure, which expanded the scope of warrants to search computers. As the December 1 effective date drew closer, civil liberties groups and members of Congress expressed concerns about extending government "hacking" powers, but last-minute efforts to delay Rule 41 from taking effect were unsuccessful. The U.S. Courts website Current Rules of Practice & Procedure outlines all of the changes adopted in late April, and includes the amended rule text in various formats. Online sources for the federal rule text (such as subscription research services...

Judge for Yourself

Data analytics are a rapidly-growing feature in legal research services. From the intellectual property predictive analysis in Lex Machina (now owned by LexisNexis) to the recently-unveiled Bloomberg Law Litigation Analytics , many legal research services are offering their users charts, tables, and other information about the connections between court opinions and orders, lawyers, judges, and companies. Judges are a particularly interesting use case. Most research services provide a basic biographical profile of current judges, along with links to their full-text opinions and orders. However, some research services provide a bit more analysis and examination of individual judges. The Judge Analytics module of  Ravel Law , featured in Forbes earlier this year, is one example of the possibilities. Duke Law students, faculty, and staff may request an Educational Account. Judge Analytics' coverage includes current and historical federal judges, as well as current state appell...

Indecent Exposure

This weekend's episode of Saturday Night Live sounded a little different to viewers in the Raleigh-Durham market served by NBC affiliate WRAL-TV . Host Dave Chappelle's monologue featured several ten-second audio drops, omitting entire sentences and joke punchlines. The periodic audio interruptions continued into several SNL sketches. (Twitter user Nathania Johnson compared her local DVR recording to video clips from the national broadcast on Hulu . The WRAL interruptions are described in detail at her Medium post, 10 times NBC affiliate WRAL censored Dave Chappelle-hosted SNL last night .) Raleigh's News & Observer confirmed that the local network affiliate had elected to provide additional local censorship of language, even though several pre-taped sketches already featured bleeping from the national broadcast feed. In an official statement released on Sunday, WRAL said, "WRAL-TV has a station obscenity, decency and profanity policy that outlines 10 specif...

Holiday Gift Guide for Lawyers and Law Students

It's that time of year again! Since 2009, the Goodson Blogson has compiled holiday gift ideas for the law students or lawyers in your life. We are proud to stand alongside long-time lawyer gift guide authors like Reid Trautz of Reid My Blog (which, sadly, seems to have ceased updating after its 2015 gift guide) and the ABA Journal . This year, we are getting a head start on our holiday shopping plans, with our earliest gift guide ever. The gift shops of federal museums and other D.C.-area tourist attractions remain a great place to locate unique law-themed items. If you can't make it to the new National Museum of African American History and Culture (where advanced tickets quickly sold out until 2017), you can browse some of its souvenirs available in the Smithsonian Store , including books on African-American and civil rights history, t-shirts, and jewelry. The Supreme Court Historical Society Gift Shop and White House Gift Shop are also perennial favorites for legal a...

New HeinOnline Library on the History of Slavery

The Goodson Law Library's HeinOnline subscription now includes the new library Slavery in America and the World: History, Culture & Law . Edited by Paul Finkelman of Albany Law School, Duke's Fall 2012 John Hope Franklin Visiting Professor of American Legal History, the collection compiles slavery-related treatises, law review articles, case law, and statutes into a single place, which is described as "all known legal materials on slavery in the United States and the English-speaking world." The collection includes such seminal historical works as Catterall's Judicial Cases Concerning American Slavery and the Negro , a five-volume digest of early American case law concerning slaves. More modern works on slavery can also be found in the "Articles" tab as well as the "UNC Press" tab, featuring more recent e-books from the University of North Carolina Press. The collection may be browsed or searched. For example, researchers who wish to ...

Federal Rulemaking, In Case of Emergency

Over the last few weeks, you have probably heard about Samsung's Galaxy Note 7, which was recalled by its manufacturer after numerous reports of spontaneous battery fires. Last week, the company announced that it had ceased production of the Android phone, now under one of the largest recalls ever issued for consumer electronics. Late last week, the Federal Aviation Administration announced a ban of the devices on all U.S. flights , via an emergency order to be published in the Federal Register later this week. The ban, officially known as Emergency Restriction/Prohibition Order No. FAA-2016-9288 , took effect at noon on Saturday. It now prohibits passengers and crew from carrying the banned Galaxy devices "on their person, in carry-on baggage, in checked baggage, or as cargo." Passengers caught carrying the device will be denied boarding of the aircraft. If a person accidentally does bring the Galaxy Note 7 on board, the device must be immediately powered off, with a...

On the Ballot

For obvious reasons, interest in election law spikes every four years. But even in non-presidential election years, laws related to the electoral process have a huge impact on citizens. They dictate the boundaries of election districts (such as the North Carolina redistricting at issue in the upcoming U.S. Supreme Court case, McCrory v. Harris ) , create requirements for voter eligibility (such as North Carolina's controversial voter ID law, partially invalidated by the 4th Circuit in July; a deadlocked U.S. Supreme Court declined to grant a petition for review , leaving the 4th Circuit precedent in place), and even determine the order in which candidates' names appear (such as the 2016 North Carolina legislative change , favoring the party of the current Governor). Election laws are complex and vary widely by state. The National Survey of State Legislatures website offers a free roundup of Election Laws and Procedures , providing 50-state surveys on topics like voter ID req...

100 Years of First Monday

Still missing a ninth justice after the death of Antonin Scalia in February, the eight remaining members of the U.S. Supreme Court will begin hearing oral arguments on Tuesday, October 4. But it is Monday, October 3, which marks the official beginning of the Court's October Term 2016 – for the last century, the "first Monday in October" has been the start date of the U.S. Supreme Court's annual term, thanks to Public Law No. 64-258 . The treatise Supreme Court Practice (10th ed. 2013), section 1.2(f) (KF9057 .S8 2013 & on Bloomberg Law ) describes the long history behind the Supreme Court's now-famous start date: In the First Judiciary Act of 1789, 1 Stat. 73, Congress mandated that the Court hold two sessions a year, "the one commencing the first Monday of February , and the other the first Monday of August ." The provision for two sessions was apparently inspired in large part by a desire to allow the Justices to perform their time-consumin...

Constitution Day 2016

How well do you know the U.S. Constitution? Today is the official observance of Constitution Day , a national holiday commemorating the signing of the United States Constitution on September 17, 1787. If it's been a while since you last reviewed the Constitution's seven articles and 27 amendments, take a moment to re-read this founding document. Considering its monumental importance to the American government and its legal system, it is a surprisingly short and simple read. You can pick up a pocket-sized Constitution at the Goodson Law Library service desk, courtesy of either LexisNexis or Westlaw . You can also print your own mini-Constitution from House Document 112-129 -- be sure to choose the "booklet" option when printing! Alternatively, the text of the Constitution is available online through the U.S. Senate , the National Archives , and at the start of every print or online version of the United States Code , as part of the "Organic Laws." Thin...

Directories of Governments and Non-Governmental Organizations

Pop quiz: which book in the library contains an organization chart for the U.S. Coast Guard, lists of current congressional committees and their membership, and contact information for the National Pasta Association ? You'll probably never need all three of those things at once, but you should know that you can find them all in the Washington Information Directory , whose 2016-2017 edition has just landed in the Reference Collection on level 3. Published since 1975, the Washington Information Directory compiles contact information and descriptive summaries about governmental and non-governmental organizations in and around the nation's capital. Organized by topics (such as Law and Justice) and subtopics (such as Criminal Law, or Constitutional Law and Civil Liberties), each subsection includes lists of government agencies and non-governmental organizations, along with a brief description of their missions and public contact information. The directory is an interesting way t...

Finding Images Online

Need to punch up a presentation with some visual interest? Duke University's Visual Studies Librarian Lee Sorensen has created a new online portal to help you with Finding Images , along with tips for using them without running afoul of copyright laws. The guide includes tips for locating images and maps online, such as through many of Duke's subscription databases like the AP Image Archive . Links also include copyright-free resources like Creative Commons images on the photo-sharing site Flickr or Google Advanced Image Search . However, as the guide sagely notes, the copyright status of images found online is often unclear. Sorensen states two basic rules of image-finding on the Internet: Assume an image is copyrighted unless there is an explicit indication that it is copyright free. People and institutions frequently claim ownership to images they don’t own. The Finding Images guide includes information about Copyright and Fair Use . Many educational uses of copyri...

New Research Guide to Business Associations

Confused by corporations law? Take some time to learn more about this essential law school subject. Business Associations courses are a foundation for many upper-level law school classes in corporate and financial law topics, and will also be tested on bar examinations (including the jurisdictions which have adopted the Uniform Bar Examination ). The amount of treatises and other research materials on business and corporate law topics can be overwhelming to a BA beginner. Fortunately, the Goodson Law Library is here to help. Reference Librarian Laura Scott has created a new research guide to Business Associations , now available on the library website. The new guide covers both primary law (statutes, regulations, company filings, and case law) and secondary sources. The guide details both print and electronic resources for business associations in general, as well as specific subtopics like corporate governance, Delaware law, and the roles and responsibilities of corporate officers ...

Lawyers at the Movies

Summer is traditionally Hollywood blockbuster season, and even the ABA Journal is getting in on the fun. This month's cover story includes a colorful round-up of The Six Types of Lawyer Movies , illustrated with "trading cards" for each category. The six types, and a famous example of each, include: The Crusading Lawyer ( To Kill a Mockingbird 's Atticus Finch) The Heroic Lawyer (Jimmy Stewart's character in Anatomy of a Murder ) The Obtuse Lawyer (John Travolta's character in A Civil Action ) The Disillusioned Lawyer (George Clooney as the titular Michael Clayton ) The Vengeful Lawyer (the legal team in Runaway Jury ) Buffoons in Law (Vinny Gambino in My Cousin Vinny ) The online version of the story also includes a quiz to determine Which Movie Lawyer are You? You'll need to answer a few questions to ID your Hollywood alter ego; the results also list a few other recommended movie titles in your genre. While the Goodson Law Library doesn...

The Constitution in Your Pocket

At last week's Democratic National Convention in Philadelphia, the United States Constitution made an unexpected guest appearance. Khizr and Ghazala Khan, the parents of a Muslim-American soldier who was killed in Iraq, appeared on stage after a moving video tribute to their late son. In remarks that followed, Mr. Khan, an immigration lawyer in Charlottesville, Virginia, criticized Republican presidential candidate Donald Trump for his proposed immigration ban on Muslims. Khan noted that not only would a religious bar to immigration be fundamentally unconstitutional, it would have also prevented the Khans' son from coming to America at age 2, later joining the U.S. Army, and ultimately sacrificing his life to save his fellow soldiers from a car bomber in 2004. Captain Humayun Khan was one of 14 American Muslim members of the armed forces who have died in service to their country since September 11, 2001. In a particularly emotional moment, Mr. Khan asked Donald Trump, "...

Copycatwalks: Fashion & The Law

Earlier this week, Los Angeles-based artist Tuesday Bassen accused international clothing retailer Zara of stealing several of her designs for its clothing and jewelry. Her Instagram post featured side-by-side comparisons of Bassen's art next to Zara's designs, which incorporated suspiciously similar elements. Bassen was incensed by the company's response, which denied any legal wrongdoing and insinuated that Bassen is not well-known enough for the public to confuse Zara's designs for hers. In a follow-up social media post , Bassen noted that she had retained "an aggressive lawyer" and is pursuing litigation. In fashion, runway "knockoffs" are nothing new – many clothing companies produce low-cost variations on high-end designer duds, usually taking sufficient steps to change the design enough to avoid legal problems. But lesser-known clothing designers and independent artists sometimes find their work emblazoned on an international retailer...

Pokemon GO...to Court?

Are you one of the millions of users who downloaded the Pokémon GO app in its first week of release? Or have you spent the last few days confused by your friends' sudden stream of social media references to "PokéStops," "Poké Balls," and "Pidgeys"? For the uninitiated, Pokémon GO is an augmented-reality game, available in the US on iPhone or Android mobile devices, which encourages players to head outdoors in search of computer-generated creatures which pop up on your screen. Users catch the Pokémon by throwing a virtual ball, then engage in competitive battles with other users' Pokémon. The game was an instant cultural phenomenon, capitalizing on nostalgia for the Pokémon cartoons of the early 2000s and the prevalence of smartphones. Almost immediately, users began to flood public spaces which have been designated as Pokémon "Gyms" (including many churches, parks, and even the White House ). Despite safety warnings from municipal pol...

In Praise of Microform

During library tours for new law students, there is usually a brief stop in the Microforms Room on level 1 . It's not the most attractive space in the library, with its rows of metal cabinets, but it's a good place to pause the tour for some quick commentary before moving into the more-populated quiet study areas of level 1. Tour leaders sometimes ask if any students have ever used microfilm (reels) or its flat cousin, microfiche (cards) in the past. Usually, only one or two hands are raised in response. Could you get through three years of law school without ever using microforms? Probably, since so many collections which are commonly found on microformats have been digitized, or have moved to entirely electronic publication formats. Your risk factor increases, though, with membership on a student-edited journal, work as a faculty research assistant, or in-depth research on a historical topic. Some individual journal titles, record and brief collections from certain time ...

Brexit, Stage Right

Yesterday, voters in the United Kingdom narrowly opted to leave the European Union , an unprecedented political move which set world markets on edge and prompted the immediate resignation announcement of Prime Minister David Cameron , who will step down in the fall. The contentious "Brexit" referendum's vote was split 51.9% to 48.1% across the UK, with a record-high 71.8% turnout. The BBC's information page contains interactive maps and breakdowns by geography and age groups. What happens now? At the moment, the referendum results are not legally binding until the UK invokes Article 50 of the Treaty of Lisbon . As Time notes , the UK Parliament could nullify the referendum if asked, although Cameron has stated that the choice of the voters will be honored. Because citizens of Scotland voted largely in favor of remaining, there is also a possibility that the Scottish independence movement will be revived in an effort to keep Scotland in the EU. It's estima...

ICLR Online for UK Legal Research

For more than a century, law students around the world have learned about the Carbolic Smoke Ball Company , a British corporation which advertised its nasal spray as a surefire preventive measure against influenza. The makers of Carbolic Smoke Ball even advertised a £100 reward (approximately $10,000 in today's dollars) to consumers who used it as directed but contracted the flu. When one disappointed user, Louisa Elizabeth Carlill, became ill, she attempted to claim the reward, with assistance from her solicitor husband. In response, the company first accused her of using the product incorrectly, then denied that their advertised reward constituted a "contract" with the user. Mrs. Carlill prevailed at both trial and appeal, and the rest is contract law history. Carbolic Smoke Ball advertisement, circa 1892. Outside of contract law casebooks, where can you read the full text of Carlill v. Carbolic Smoke Ball Co. , [1893] 1 QB 256? As it turns out, the list of answe...

Judges' Working Papers: Research Behind the Closed Door

In this guest post, Reference Librarian and Senior Lecturing Fellow Marguerite Most explores a new option for researching judges' working papers, and discusses the legal issues surrounding personal archives. Judicial working papers are materials written as a case is decided and may include internal draft memos, conference notes and correspondence, and vote sheets. The official record in a case could include briefs, motions, transcripts of hearings, and the final opinion in a case. The Presidential Records Act of 1978 shifted presidential records from private to public ownership. However, chamber papers and other records of federal judges are considered the personal property of the judge who created them, and have never been subject to a defined policy of collection and preservation, unlike official court records. In 1964, U.S. Supreme Court Justice Felix Frankfurter announced his intent to law professor Alexander M. Bickel that "all my private papers pertaining to my w...

A Field Guide to Hater Judges

Over the holiday weekend, Republican presidential candidate Donald Trump spent 12 minutes of an hour-long speech in San Diego criticizing a sitting federal judge. Gonzalo Curiel ( biography ) of the Southern District of California is presiding over a fraud lawsuit against the candidate's now-defunct Trump University, filed in 2010 and scheduled for trial in late November. The Wall Street Journal published excerpts of Trump's speech , which is also available at C-SPAN in video and full transcript : "I have a judge who is a hater of Donald Trump, a hater. He's a hater. His name is Gonzalo Curiel […] He is not doing the right thing. [...] The judge was appointed by Barack Obama, federal judge. Frankly, he should recuse himself because he's given us ruling after ruling after ruling, negative, negative, negative. […] I'm telling you, this court system, judges in this court system, federal court, they ought to look into Judge Curiel. Because what Judge Curiel is...

Oh Yay: Oyez Stays!

Earlier this spring, it seemed like last call for Oyez ( pronounced oh-yay ), the repository of U.S. Supreme Court oral argument transcripts and audio recordings, currently hosted by the Chicago-Kent School of Law. As creator Jerry Goldman neared retirement after a long career as a law professor, he announced that the site would be shuttered at the end of this month unless a buyer was willing to commit to both the six-figure annual operating costs and a buyout for Goldman's two decades of helming the site. Fortunately for Supreme Court researchers, Oyez has just announced its new home, at Cornell Law School's Legal Information Institute . As reported late yesterday in the National Law Journal and on Bob Ambrogi's Law Sites , the shift to Oyez's new host is expected to be in place by the beginning of the Court's next October term. Free Law partner website Justia will provide additional support. Since its debut in 1996, Oyez has grown to a massive archive of...