Democracy in America Digital Edition

Recently, HeinOnline added the new library Democracy in America, an enhanced digital edition of Alexis de Tocqueville's classic text on the American political system. There's no shortage of copies in the Duke Libraries collection (with 18 e-book versions alone), so what makes this one special?

As Hein's user guide for this new library explains, this version provides an interactive experience that links readers directly to the source material that Tocqueville referenced during the creation of Democracy in America. Alan Keely, Associate Director for Collection Services at Wake Forest Law Library, has curated links to contemporaneous source materials and supplemental editorial or translator notes. The Democracy in America library also includes the full text of Works Cited, 18 varying Editions/Translations (with a plan to eventually include all known editions and translations), and a small library of Related Works also published by Tocqueville.

The Democracy in America digital edition can be found in HeinOnline's library listing. For help with using this database, or with locating additional versions of Tocqueville's works, be sure to Ask a Librarian.

Mail (Carrier) Fraud

Halloween is just around the corner. Maybe you're too busy with law school to properly plan a costume. Maybe the party store has been picked clean by the time you get around to it, and now you're stuck with a risqué postal worker outfit from the bargain bin. Oh well, you can't just show up to the party dressed as a stressed-out law student, right? Except now, that gunner from your criminal law section who reads the U.S. Code for fun starts telling you how your last-resort costume is actually a federal crime. Wait, what? Is your legal career over before it even begins?

Probably not (at least, not for this). 18 U.S.C. § 1730 does state that "Whoever, not being connected with the letter-carrier branch of the Postal Service, wears the uniform or badge which may be prescribed by the Postal Service to be worn by letter carriers, shall be fined under this title or imprisoned not more than six months, or both." Originally enacted in 1872 (17 Stat. 296), Congress amended the law in 1968 to exempt actors and actresses "in a theatrical, motion-picture, or television production," following several years of requests by industry professionals. At first, the 1960s amendment also included the caveat that the portrayal "does not tend to discredit" the Postal Service. That provision was eventually removed in 1990, two decades after the U.S. Supreme Court had invalidated a similar provision about civilians wearing military uniforms in Schacht v. United States, 398 U.S. 58 (1970).

Even though the exemption in section 1730 is narrowly written to cover only actors' portrayals, it’s unlikely that anyone will find themselves in legal hot water over a postal-worker Halloween costume. For one thing, the law concerns officially-prescribed postal uniforms (so definitely don't borrow a friend's or family member's real postal uniform for Halloween). Considering that the U.S.P.S. itself sells licensed reproductions of its uniforms as children's Halloween costumes, that "sexy letter carrier" costume from the party store is, most likely, just guilty of questionable taste.

The story of section 1730's history, and that of many other unexpected and lesser-known federal crimes, can be found in attorney Mike Chase's recent book How to Become a Federal Criminal: An Illustrated Handbook for the Aspiring Offender (Cox Collection PN6231.C73 C43 2019). This entertaining legal humor text was inspired by the author's popular Twitter account, @CrimeADay, which highlights a different federal crime daily. Additional titles of interest in Duke's collection include You May Not Tie an Alligator to a Fire Hydrant: 101 Real Dumb Laws (K184 .K66 2002) and the 2016 e-book America's Oddest Laws. For help locating these or other legal humor titles, be sure to Ask a Librarian.

First Monday in October

Monday, October 7 marks the official start of oral arguments in the U.S. Supreme Court's new term. In 1916, Congress enacted a law establishing the Court's opening date as the "first Monday in October," although the number of sessions per year and the timing of the opening day has varied throughout American history.

This new term is already packed with dozens of cases, with still more to come as the Court continues to decide on pending petitions for certiorari. The Supreme Court website provides Calendars in PDF and HTML formats. First up on Monday morning is argument in Kahler v. Kansas (docket), on the ability of individual states to abolish the insanity defense for criminal defendants.

To learn more about individual cases on the Court's docket, SCOTUSblog offers quick access to case information and filings on its October Term 2019 page, organized by argument date. Yesterday, Bloomberg published A Lawyer's Guide to the Upcoming Supreme Court Term (Bloomberg Law login may be required), highlighting several key cases on the docket this term. The ABA also publishes a regular Preview of United States Supreme Court Cases (available in HeinOnline; Duke NetID required) that provides an overview as well as legal analysis of each featured case.

For more information about researching the U.S. Supreme Court and its cases, check out the Law Library's guide to U.S. Supreme Court research or Ask a Librarian.