The South Dakota Legislature completed its forty day session at the end of March, and all the legislators returned home.
Then on May 22, Governor Daugaard proclaimed that a special session
would necessitate that the legislators return to Pierre on Saturday June
22. The Constitution gives the governor the authority to convene a special session to conduct business named by him, and only this business can be considered during the session.
The 2013 Special Session is being called to amend a bill
passed during the regular session which approved building a 41.3
million dollar veterans home in Hot Springs. KELO reported that a Sioux
Falls architectural firm
had estimated that a new veterans home would cost 41.3 million, but
when the bids came in, the lowest bid was 51.3 million. It has become
important that the legislature meet soon to amend the cost of the home.
If the legislature does not approve the change, the state could lose a
significant grant that would help cover part of the cost of building it.
In most cases the governor convenes a special session by proclamation, however the South Dakota Constitution
also provides for the legislature to do so if 2/3 of each house has
petitioned in writing to convene a special session. The legislature,
like the governor, must state the purpose of the special session.
(This entry was originally written and posted by Candice Spurlin)
Thursday, May 30, 2013
Tuesday, May 28, 2013
Memorial Day - Remembering the Service of Our Veterans
Title 36 of the United States Code Section 116
provides for the "renewal of the legacy of Memorial Day" as a time to
"pay tribute to individuals who have made the ultimate sacrifice in
service to the United States and their families." The section also calls
upon the President to issue a proclamation
"calling on the people of the United States to observe Memorial Day by
praying, according to their individual religious faith, for permanent
peace."
The Law Library has prepared a display of resources relating to Memorial Day and the remembrance of the service of veterans. The display highlights the service of Native American veterans with reference to the Library of Congress Veterans History Project's Experiencing War Willing to Serve: American Indians and Medicine Bags and Dog Tags: American Indian Veterans from Colonial Times to the Second Iraq War by Al Carroll.
(This entry was originally written and posted by Darla Jackson)
The Law Library has prepared a display of resources relating to Memorial Day and the remembrance of the service of veterans. The display highlights the service of Native American veterans with reference to the Library of Congress Veterans History Project's Experiencing War Willing to Serve: American Indians and Medicine Bags and Dog Tags: American Indian Veterans from Colonial Times to the Second Iraq War by Al Carroll.
(This entry was originally written and posted by Darla Jackson)
May 2013 - Asian-American and Pacific Islander Heritage Month
May 2013 is Asian-American and Pacific Islander Heritage Month. In the
McKusick Law Library, one of our current displays includes President
Obama's Proclamation
designating this month as Asian-American and Pacific Islander Heritage
month, as well as books from our collection related to Asian-American
legal history, the Asian and Pacific Islander experience in America, and
Native Hawaiian Rights.
Robert Hyung-chan Kim's A Legal History of Asian Americans 1790-1990 is a combination of Kim's other books, Asian Americans and the Supreme Court and Asian Americans and Congress. For an in-depth look at legal history shaped by Asian-Americans, you also may want to read United States v. Wong Kim Ark, 169 U.S. 649, 18 S.Ct. 456 (1898) in which the United States Supreme Court held that the Chinese Exclusion Act (a ten-year moratorium on Chinese labor immigration) could not exclude ethnic Chinese born in this country from the operation of the "broad and clear words" of the first clause of the Fourteenth Amendment: "All persons born ... in the United States .. are citizens of the United States and of the state wherein they reside."
Also included the display, The Native Hawaiian Rights Handbook discusses and analyzes the rights that are derived from the "unique status of Native Hawaiians as an aboriginal people and from the political status of the Hawaiian Kingdom prior to the destruction of the Hawaiian Monarchy in 1893."
The controversial book, In Defense of Internment: The Case for "Racial Profiling" in World War II and the War on Terror, links post-Pearl Harbor events with events following September 11, 2001. In her book, Michelle Malkin addresses both the evacuation and relocation of ethnic Japanese from the West Coast and the internment of enemy aliens, Japanese and non-Japanese alike, during WWII. She indicates that her book is also a defense of the racial profiling measures which were taken during the last few years in the "War on Terror."
More information on the celebration of Asian-Pacific American Heritage Month can be found at this Library of Congress website.
(This entry was originally written and posted by Marsha Stacey)
Robert Hyung-chan Kim's A Legal History of Asian Americans 1790-1990 is a combination of Kim's other books, Asian Americans and the Supreme Court and Asian Americans and Congress. For an in-depth look at legal history shaped by Asian-Americans, you also may want to read United States v. Wong Kim Ark, 169 U.S. 649, 18 S.Ct. 456 (1898) in which the United States Supreme Court held that the Chinese Exclusion Act (a ten-year moratorium on Chinese labor immigration) could not exclude ethnic Chinese born in this country from the operation of the "broad and clear words" of the first clause of the Fourteenth Amendment: "All persons born ... in the United States .. are citizens of the United States and of the state wherein they reside."
Also included the display, The Native Hawaiian Rights Handbook discusses and analyzes the rights that are derived from the "unique status of Native Hawaiians as an aboriginal people and from the political status of the Hawaiian Kingdom prior to the destruction of the Hawaiian Monarchy in 1893."
The controversial book, In Defense of Internment: The Case for "Racial Profiling" in World War II and the War on Terror, links post-Pearl Harbor events with events following September 11, 2001. In her book, Michelle Malkin addresses both the evacuation and relocation of ethnic Japanese from the West Coast and the internment of enemy aliens, Japanese and non-Japanese alike, during WWII. She indicates that her book is also a defense of the racial profiling measures which were taken during the last few years in the "War on Terror."
More information on the celebration of Asian-Pacific American Heritage Month can be found at this Library of Congress website.
(This entry was originally written and posted by Marsha Stacey)
Thursday, May 23, 2013
Jewish American Heritage Month
May is Jewish American Heritage Month, as proclaimed by President Obama . To learn more about the Jewish experience in America, visit the Jewish American Heritage Month website, hosted by the Library of Congress. Of particular interest is the "Stories" tab, with a link to the exhibition From Haven to Home - 350 Years of Jewish Life in America.
In honor of this month, the McKusick Law Library has compiled a display of items from its collection focusing on Jewish law and the connection between Jewish law and secular American Law. For example, in Defending the Human Spirit: Jewish Law's Vision for a Moral Society, Rabbi Dr. Warren Goldstein explores the values and unifying principles of Torah and Jewish tradition, and Jewish law's vision for a moral society. In Torah & Constitution: Essays on American Jewish Thought, Milton R. Konvitz addresses the connection between the Torah and the United States Constitution.
For those with a deep interest in original documents from Jewish American History, browse the digitized collections in Jews in America: Portal to American Jewish History. This website also allows searches by resource type, including photographs, portraits and correspondence.
And for ideas in entertainment, food and travel to celebrate Jewish American Heritage Month, see the Arizona Jewish Post's 31 Things to Do During Jewish American Heritage Month. Cholent, anyone?
(This entry was originally written and posted by Marsha Stacey)
In honor of this month, the McKusick Law Library has compiled a display of items from its collection focusing on Jewish law and the connection between Jewish law and secular American Law. For example, in Defending the Human Spirit: Jewish Law's Vision for a Moral Society, Rabbi Dr. Warren Goldstein explores the values and unifying principles of Torah and Jewish tradition, and Jewish law's vision for a moral society. In Torah & Constitution: Essays on American Jewish Thought, Milton R. Konvitz addresses the connection between the Torah and the United States Constitution.
For those with a deep interest in original documents from Jewish American History, browse the digitized collections in Jews in America: Portal to American Jewish History. This website also allows searches by resource type, including photographs, portraits and correspondence.
And for ideas in entertainment, food and travel to celebrate Jewish American Heritage Month, see the Arizona Jewish Post's 31 Things to Do During Jewish American Heritage Month. Cholent, anyone?
(This entry was originally written and posted by Marsha Stacey)
Wednesday, May 22, 2013
Unleash the Power of Age - May is Older Americans Month
President Obama issued a proclamation recognizing May 2013 as Older Americans Month. As reflected in the Administration on Aging's History of Older Americans Month,
the designation of May as the month "to acknowledge the contributions
of past and current older persons to our country, in particular those
who defended our country" was first accomplished by President Kennedy in
1963. Unleash the Power of Age is the theme for the 2013 observance.
The Census Bureau Facts for Features: Older Americans Month 2013 highlights that older Americans make up a growing percentage of the U.S. population and projects that by 2056 the population 65 and older will outnumber people younger than 18.
In observance of the Month, the Law Library has prepared a display highlighting some of the elder law resources available through the Law Library. Included in the display are New Times, New Challenges: Law and Advice for Savvy Seniors and Their Families by Kenny Hegland and Robert Fleming, Medicare and Medicaid Claims and Procedures 4th edition by Harvey McCormick, and South Dakota Probate Forms Manual , published by the State Bar of South Dakota. Those researching elder law issues may also find the LibGuide prepared by the Law Librarians helpful.
(This entry was originally written and posted by Darla Jackson)
The Census Bureau Facts for Features: Older Americans Month 2013 highlights that older Americans make up a growing percentage of the U.S. population and projects that by 2056 the population 65 and older will outnumber people younger than 18.
In observance of the Month, the Law Library has prepared a display highlighting some of the elder law resources available through the Law Library. Included in the display are New Times, New Challenges: Law and Advice for Savvy Seniors and Their Families by Kenny Hegland and Robert Fleming, Medicare and Medicaid Claims and Procedures 4th edition by Harvey McCormick, and South Dakota Probate Forms Manual , published by the State Bar of South Dakota. Those researching elder law issues may also find the LibGuide prepared by the Law Librarians helpful.
(This entry was originally written and posted by Darla Jackson)
Sunday, May 19, 2013
Television & Movies Influence the Language of Legal Opinions
Star Trek has been both a television series and a movie with several sequels. Star Trek Into Darkness, the most recent sequel has earned $70.6 million dollars
since its launch last week. Star Trek has done more than earn money
for the networks and studios; it has worked its way into the language
of the popular culture. Most people have likely heard phrases made
famous by Star Trek such as "boldly go where no man has gone before" or
"live long and prosper." But perhaps the most well-known phrase is
Spock's assertion that it is logical that the "needs of the many outweigh the needs of the few."
As a quick search of WestlawNext reveals, this phrase has made it into
several court opinions, including the opinion in the Northern District
of Indiana Bankruptcy decision of In Re Smith.
As indicated by the posting to this blog on February 25, 2013, the Law Library has begun to collect law related DVDs. While popular, the Star Trek movies would not likely have sufficient law related content to be included in the collection.
(This entry was originally written and posted by Darla Jackson)
As indicated by the posting to this blog on February 25, 2013, the Law Library has begun to collect law related DVDs. While popular, the Star Trek movies would not likely have sufficient law related content to be included in the collection.
(This entry was originally written and posted by Darla Jackson)
Sexual Assault in the Military Sparks Debate Regarding Reform of U.S. Military Justice System
Following a third incident of a military sex assault prevention chief
facing misbehavior charges, Congress has begun to debate the need for
reform of the Uniform Code of Military Justice in regards to sexual assault as well as other types of offenses.
For more detail on the recent debate read a Washington Post article on the topic. For additional research resources on the U.S. military justice system see the Law Library prepared research guide.
(This entry was originally written and posted by Darla Jackson)
For more detail on the recent debate read a Washington Post article on the topic. For additional research resources on the U.S. military justice system see the Law Library prepared research guide.
(This entry was originally written and posted by Darla Jackson)
Friday, May 17, 2013
Patent Rights to Genetically Modified Seeds Validated
On May 13, 2013, in the case of Bowman v. Monsanto Co.,
the U.S. Supreme Court ruled that a farmer could not use Monsanto’s
patented genetically altered soybeans to create subsequent crops without
paying a fee.
Farmers who buy Monsanto’s patented seeds must generally sign a contract promising not to save seeds from the resulting crop, which means they must buy new seeds every year. The seeds are valuable because they are resistant to the herbicide Roundup, itself a Monsanto product.
Indiana farmer, Vernon Bowman, had signed a contract promising not to save seeds from crops produced with patented seeds purchased from Monsanto. However, Bowman believed he had discovered a loophole. For a second, riskier crop later in the growing season Bowman bought seeds from a grain elevator filled with a mix of seeds in the reasonable hope that many of them contained Monsanto’s patented Roundup Ready gene.
Bowman acknowledged the general principle that there was no right to make a new product with Monsanto’s seeds; but argued that he had used the seeds precisely as they were intended to be used. The Court opined that accepting that theory would create an “unprecedented exception” to the patent exhaustion doctrine. The opinion states, “if simple copying were a protected use, a patent would plummet in value after the first sale of the item containing the invention.”
The competition and antitrust implications of transgenic seeds was one of the topics discussed at the USD Law Review's Antitrust & Competition in America's Heartland Symposium. For additional information see the Law Library prepared Symposium LibGuide.
(This entry was originally written and posted by Darla Jackson)
Farmers who buy Monsanto’s patented seeds must generally sign a contract promising not to save seeds from the resulting crop, which means they must buy new seeds every year. The seeds are valuable because they are resistant to the herbicide Roundup, itself a Monsanto product.
Indiana farmer, Vernon Bowman, had signed a contract promising not to save seeds from crops produced with patented seeds purchased from Monsanto. However, Bowman believed he had discovered a loophole. For a second, riskier crop later in the growing season Bowman bought seeds from a grain elevator filled with a mix of seeds in the reasonable hope that many of them contained Monsanto’s patented Roundup Ready gene.
Bowman acknowledged the general principle that there was no right to make a new product with Monsanto’s seeds; but argued that he had used the seeds precisely as they were intended to be used. The Court opined that accepting that theory would create an “unprecedented exception” to the patent exhaustion doctrine. The opinion states, “if simple copying were a protected use, a patent would plummet in value after the first sale of the item containing the invention.”
The competition and antitrust implications of transgenic seeds was one of the topics discussed at the USD Law Review's Antitrust & Competition in America's Heartland Symposium. For additional information see the Law Library prepared Symposium LibGuide.
(This entry was originally written and posted by Darla Jackson)
Wednesday, May 15, 2013
The YouTube Appeal and What It Means for Law Firms and Legal Information Vendors
On May 4th, Kevin O'Keefe's Real Lawyers Have Blogs, a blog that often
focuses on law firm marketing and social media, included a post entitled
Google’s Schmidt: YouTube Has Replaced TV. What’s It Mean for Law Firms?.
Citing the statistic that more 18-34 year olds watch YouTube than
cable television, the post reminds the legal community that it needs to
engage in networking using video, regardless of whether the video is
shared through YouTube, LinkedIn, or another source.
Bloomberg Law is already engaging audiences using video. Not only does Bloomberg Law provide training via YouTube video, it also provides news and other content via video. According to Law Librarian Blog while Bloomberg Law engagement with video is superior to other legal information providers shared folder technology, it is not enough for members of the "Google-YouTube generation," who will demand more from legal information providers.
A number of legal research databases are available via the Law Library. Due to licensing restrictions, access to some databases, including Bloomberg Law is limited to law students and law faculty.
(This entry was originally written and posted by Darla Jackson)
Bloomberg Law is already engaging audiences using video. Not only does Bloomberg Law provide training via YouTube video, it also provides news and other content via video. According to Law Librarian Blog while Bloomberg Law engagement with video is superior to other legal information providers shared folder technology, it is not enough for members of the "Google-YouTube generation," who will demand more from legal information providers.
A number of legal research databases are available via the Law Library. Due to licensing restrictions, access to some databases, including Bloomberg Law is limited to law students and law faculty.
(This entry was originally written and posted by Darla Jackson)
Friday, May 10, 2013
Surprises Emerge Within U.S. Senate Candidates for Tim Johnson's Seat
With U.S. Senator Tim Johnson's seat opening in the next election
speculation and rumor about who might vie for his seat have been rampant
in South Dakota.
Former Governor Mike Rounds has announced his intentions within the Republican party, but this week KELO News broadcast the first announcement of a Democratic candidate.
In a surprise announcement, veteran politician Rick Weiland has declared his intention to run for the U.S. Senate spot. Speculation about other South Dakota Democrats remains in the news.
In the days ahead, political watchdogs await Stephanie Herseth Sandlin's promise to announce her intentions by month's end. Another surprise is that sources close to Brendan Johnson, Tim Johnson's son, say that Brendan does not intend to run. This important race will continue to attract much attention in the months ahead.
KELO News reported today, Monday May 13th, that Stephanie Herseth Sandlin has made her decision not to run in the Senate race. The article stated that she and her family are looking forward to more quality time with family and friends.
Whoever replaces Mr. Johnson must, by law, be at least 30 years old, a U.S. citizens for at least nine years and must--at the time of their election--be a resident of South Dakota. Primary election information for the state of South Dakota may be found on the Secretary of State's website. South Dakota laws governing Primary Elections are found at SDCL 12-6.
(This entry was originally written and posted by Karyl Knodel)
Former Governor Mike Rounds has announced his intentions within the Republican party, but this week KELO News broadcast the first announcement of a Democratic candidate.
In a surprise announcement, veteran politician Rick Weiland has declared his intention to run for the U.S. Senate spot. Speculation about other South Dakota Democrats remains in the news.
In the days ahead, political watchdogs await Stephanie Herseth Sandlin's promise to announce her intentions by month's end. Another surprise is that sources close to Brendan Johnson, Tim Johnson's son, say that Brendan does not intend to run. This important race will continue to attract much attention in the months ahead.
KELO News reported today, Monday May 13th, that Stephanie Herseth Sandlin has made her decision not to run in the Senate race. The article stated that she and her family are looking forward to more quality time with family and friends.
Whoever replaces Mr. Johnson must, by law, be at least 30 years old, a U.S. citizens for at least nine years and must--at the time of their election--be a resident of South Dakota. Primary election information for the state of South Dakota may be found on the Secretary of State's website. South Dakota laws governing Primary Elections are found at SDCL 12-6.
(This entry was originally written and posted by Karyl Knodel)
Wednesday, May 8, 2013
Vermillion Public Library Expansion Almost Complete
Only 10% is left to be completed on the expansion project of the
Vermillion Public Library. Library Director, Jane Larson states "we
doubled in size, we now have a total of 22,890 square feet and we had
11,000 square feet before."
The library was only closed for two two-week periods while books and other materials were moved.
A row of sky lights, a reading room with a fireplace and a bookstore are just a few of the new features for the public to enjoy.
With summer approaching the public library is also a good resource for law students interested in lighter reading. See the article in the May 3rd edition of Vermillion's Plain Talk.
(This entry was originally written and posted by Karyl Knodel)
The library was only closed for two two-week periods while books and other materials were moved.
A row of sky lights, a reading room with a fireplace and a bookstore are just a few of the new features for the public to enjoy.
With summer approaching the public library is also a good resource for law students interested in lighter reading. See the article in the May 3rd edition of Vermillion's Plain Talk.
(This entry was originally written and posted by Karyl Knodel)
Death Penalty Imposed in 2013
A request for a new hearing by Rodney Berget was denied by South
Dakota's Second Circuit Judge Brad Zell on Tuesday, May 7th. Zell
sentenced Berget to death in this newest ruling. KeloLand TV has more
information on this ruling.
Berget originally pled guilty in the fall of 2011 and was sentenced at that time. Later he asked for a new sentencing hearing, a new judge, and promised to bring forth new evidence showing that he had re-established a relationship with his estranged son. For more information see the Law Library LibGuide on Capital Punishment in South Dakota.
(This entry was originally written and posted by Karyl Knodel)
Berget originally pled guilty in the fall of 2011 and was sentenced at that time. Later he asked for a new sentencing hearing, a new judge, and promised to bring forth new evidence showing that he had re-established a relationship with his estranged son. For more information see the Law Library LibGuide on Capital Punishment in South Dakota.
(This entry was originally written and posted by Karyl Knodel)
Wednesday, May 1, 2013
Fastcase Redux
In yesterday's blog post,
I discussed Bad Law Bot, Fastcase's new addition to Authority Check.
The following are some other Fastcase features you may want to use.
PACER Searching, using "Search Federal Filings": Fastcase, with Justia, has created a tool to allow you to search for cases across all federal district courts, all federal circuit courts or all district and circuit courts within a circuit at one time, rather than using PACER's court locator search option. From Justia, you will retrieve basic docket information for the case, including the case number and the nature of the suit. For more information, including the Docket Report and History/Documents (links to docket entries and documents) you will be directed to PACER and will need a PACER subscription.
Newspaper Searching: Fastcase, through NewsLibrary.com, offers searching, viewing results and summaries for free from many local newspapers across the nation. Individual articles may be purchased for $3. Although the newspaper may have its own free-access archives, the newspaper's website search capabilities may be limited. Use NewsLibrary.com to find the date of the article or title of the article and then access it directly from the newspaper's archives.
Mobile Sync: If you use Fastcase's free apps for iPhone, iPad and Android, you can use your desktop research, favorites and searches on your mobile device. Log in to Fastcase on your desktop, click on the tab "Options," then "Mobile Sync." Enter the email address you log in to your app. Fastcase will connect both your app and desktop accounts.
For information on additional Fastcase tools, see Ten Improved Fastcase Tools by Jim Calloway.
(This entry was originally written and posted by Marsha Stacey)
PACER Searching, using "Search Federal Filings": Fastcase, with Justia, has created a tool to allow you to search for cases across all federal district courts, all federal circuit courts or all district and circuit courts within a circuit at one time, rather than using PACER's court locator search option. From Justia, you will retrieve basic docket information for the case, including the case number and the nature of the suit. For more information, including the Docket Report and History/Documents (links to docket entries and documents) you will be directed to PACER and will need a PACER subscription.
Newspaper Searching: Fastcase, through NewsLibrary.com, offers searching, viewing results and summaries for free from many local newspapers across the nation. Individual articles may be purchased for $3. Although the newspaper may have its own free-access archives, the newspaper's website search capabilities may be limited. Use NewsLibrary.com to find the date of the article or title of the article and then access it directly from the newspaper's archives.
Mobile Sync: If you use Fastcase's free apps for iPhone, iPad and Android, you can use your desktop research, favorites and searches on your mobile device. Log in to Fastcase on your desktop, click on the tab "Options," then "Mobile Sync." Enter the email address you log in to your app. Fastcase will connect both your app and desktop accounts.
For information on additional Fastcase tools, see Ten Improved Fastcase Tools by Jim Calloway.
(This entry was originally written and posted by Marsha Stacey)
May 1 is Law Day
May 1 is Law Day, a national observance to honor the importance of our
country's legal and judicial systems. In recognition of Law Day, the
Law Library is featuring a display which highlights information about
Law Day, including this year's theme, Realizing the Dream: Equality for
All. For more information on Law Day and the inspiration for the theme,
visit the Law Day page on the ABA's website. The Library of Congress has also compiled a bibliography of Law Day resources, available here.
As part of the display, the library is offering a drawing contest for a piece of original artwork that best represents this year's theme. The winner will receive a Law Day T-shirt:
There are art materials included as part of the display to assist in creating your masterpieces. Just sign your creation with your name and bring it to the law library Circulation/Reference desk to enter it in the contest. A winner will be selected from submissions made prior to 4:00PM on May 2nd. For those that are still studying for finals, taking a few minutes out of your day to engage in a creative pursuit may actually boost your learning. See a recent blog post from Scientific American citing to studies showing the link between creativity and education.
(This entry was originally written and posted by Sarah Kammer)
As part of the display, the library is offering a drawing contest for a piece of original artwork that best represents this year's theme. The winner will receive a Law Day T-shirt:
There are art materials included as part of the display to assist in creating your masterpieces. Just sign your creation with your name and bring it to the law library Circulation/Reference desk to enter it in the contest. A winner will be selected from submissions made prior to 4:00PM on May 2nd. For those that are still studying for finals, taking a few minutes out of your day to engage in a creative pursuit may actually boost your learning. See a recent blog post from Scientific American citing to studies showing the link between creativity and education.
(This entry was originally written and posted by Sarah Kammer)
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