ABA Journal's 25 Greatest Law Novels

To add to this list, we direct readers to the August edition of the ABA Journal magazine for a list of the "25 Greatest Law Novels - Ever."  The ABA Journal article describes these novels as "the best portrayals of lawyers and the law." The list strictly limited to "novels." As a result, "true crime" sagas, such as Truman Capote's In Cold Blood were not included in the list.

We also direct you to the ABA Journal's poll (scroll down, in the right column) of your favorite law novel.  You may vote for one of the twenty-five law novels in the Journal's list or for a law novel not on the list. 

Other related book lists are set out below:
From Washington University in St. Louis Law Blog, April 8th 2013: Top Legal Books Every Lawyer Should Read
From the ABA Journal magazine, August 1, 2011:  30 Lawyers Pick 30 Books Every Lawyer Should Read
For additional suggestions, Good Reads has a list of the Best Books for Law Students.  

(This entry was originally written and posted by Marsha Stacey)

Bar Examination Week

Next week, on July 30th and 31st, many recent law school graduates and others seeking to be admitted to the practice of law will take the Multi-State Bar Examination or the Uniform Bar Examination.  A non-profit organization, the National Conference of Bar Examiners (NCBE), assists in the development of these standardized tests for nearly every jurisdiction in the United States.  The tests include:
--The Multistate Bar Exam (MBE), a six-hour, 200 question, multiple-choice test
--The Multistate Essay Exam (MEE), a collection of 30-minute essay questions
--The Multistate Professional Responsibility Exam (MPRE), a two-hour, 60 question, multiple-choice test
--Multistate Performance Test (MPT), two 90-minute skill questions
--Uniform Bar Exam (UBE), comprised of the MEE, two MPT tasks and the MBE

13 jurisdictions have adopted the UBE.  The UBE jurisdictions uniformly administer, grade and score the same exams, use a common set of six MEE questions, and conduct the two MPT tasks in one 3-hour test, rather than the two 90-minute sessions.  Based on this uniformity, UBE jurisdictions agree to accept UBE exam scores from other UBE jurisdictions; thus, making the UBE scores "portable."  For more details on the UBE, please read "The UBE: The Policies Behind the Portability" by Kellie R. Early and other articles about the UBE.

For more information about bar admission requirements by jurisdiction, please consult the National Conference of Bar Examiners website and the Comprehensive Guide to Bar Admission Requirements 2013.  And for anyone who is contemplating take the bar exam in the future, the McKusick Law Library has compiled a Bar Exam Study Information Library Guide.  This guide contains information on taking the bar in South Dakota and surrounding states, as well as more information about the UBE and law library materials on studying for the bar.

Is the requirement of passing a bar exam in order to practice law constitutional?  See this Above the Law post about a lawsuit filed in Texas. Take a break from your bar exam studies and see if you can spot the flaws in the plaintiff's arguments.

(This entry was originally written and posted by Marsha Stacey)

It's A Boy! - UK Family Law and Other Resources

On Monday, July 22nd, Buckingham Palace, the London residence of Queen Elizabeth II of England, placed the following official announcement on an easel in the Palace forecourt: "Her Royal Highness the Duchess of Cambridge was safely delivered of a son at 4:24 p.m. today.  Her Royal Highness and her child are both doing well."  The Duchess and her husband, Prince William, will announce the name of their baby, whose official title is "Prince of Cambridge," at a later time. 

Included in the McKusick Law Library collection are several treatises on Family Law in the United Kingdom: Butterworths Family Law Handbook edited by Christina M. Lyon and Adrian P. Lyon, Children's Welfare and the Law: The Limits of Legal Intervention by Michael King and Judith Trowell, and How the Law Thinks About Children by Michael King and Christine Piper. 

Other selected United Kingdom legal resources in the McKusick Law Library and online:
1. Statutes:
-The Public General Acts (equivalent to the U.S. Statutes at Large) McKusick Law Library in print (1940-2003)
-Statutes currently in force:
 United Kingdom government database (free): legis.gov.uk
 WestlawNext (log in required)
2. Cases:
-English Reports: Full Print, McKusick Law Library in print (1220-1865)
 English Reports, Hein Online (Law Library database) (1220-1865)
 English Reports, WestlawNext (log in required) (1220-1865)
-Law Reports:
 Kings or Queens Bench Division, McKusick Law Library in print (1865-2004)
 Appeals, McKusick Law Library in print ((1875-2004)
 Chancery Division, McKusick Law Library in print (1875-2004)
 All Law Reports, WestlawNext (log in required) (1865-present)
3.  Legal Encyclopedia of British law:
-Halsbury's Laws of England  (4th ed. 1973), McKusick Law Library in print
 Halsbury's Laws of England Monthly Review - All, Lexis.com (log in required) (1996-present)

(This entry was originally written and posted by Marsha Stacey)

Amendments to the Children's Online Privacy Protection Rule Became Effective on July 1, 2013

In 1998, Congress passed the Children's Online Privacy Protection Act (COPPA), codified at 15 U.S.C. §§6501-6506, to prevent children from giving out personal information without their parents' consent.  Pursuant to this Act, the Federal Trade Commission (FTC) promulgated regulations concerning children's online privacy, known as the "COPPA Rule."  This Rule, originally issued in 2000, imposes certain requirements on operators of websites or online services (including apps) directed to children under 13 and on other operators of websites or online services that have actual knowledge that they are collecting personal information information from children under 13.  The Rule requires, inter alia, that these operators provide parents with direct notice of the operators' information practices and obtain parental consent prior to collecting personal information from children under 13.

In light of changes in online technology since 2000, the FTC recently amended the COPPA Rule.  The amended Rule became effective on July 1, 2013.  Although the basic COPPA principles stayed the same, several important modifications were made, including the following changes to the definition of "operator":  an "operator" now includes an operator of a child-directed site or service where it allows third-party, outside services, such as plug-ins or advertising networks, to collect information from visitors, and also includes a third-party plug-in or ad network where that third party has actual knowledge that it is collecting personal information through a child-directed website or service. 

Visit the Federal Trade Commission's Bureau of Consumer Protection webpage on Children's Privacy for informational articles on COPPA, including "Children's Online Privacy Protection Rule: A Six-Step Compliance Plan for Your Business," "Complying with COPPA: Frequently Asked Questions - A Guide for Business and Parents and Small Entity Compliance Guide,"  and "Marketing Your Mobile App: Get it Right From the Start."  This last publication, directed to app developers, also includes guidelines to assist with compliance with general truth-in-advertising standards and basic privacy principles.

The McKusick Law Library has set up a display on its main floor on the amendments to the Children's Online Privacy Protection Rule.  Included in the display is the January 17, 2013 Federal Register in which the final rule amendments were published. Also in the display are several books from the collection containing information on COPPA and the COPPA Rule, including Internet and Online Privacy: A Legal and Business Guide, Internet Law in a Nutshell, and Who Rules the Net? Internet Governance and Jurisdiction. (The books on display may be checked out.)

(This entry was originally written and posted by Marsha Stacey)

KIA Corporate Counsel Speaks About Tech Audit for Associates at AALL Annual Meeting

Law Librarians Darla Jackson and Marsha Stacey recently returned from the 106th American Association of Law Libraries Annual Meeting.  Darla Jackson participated in the programming at AALL, with a program entitled "Law Librarians Expanding Traditional Roles and Assuming New Roles to Assist Attorneys In Complying with the Amended ABA Model Rules of Professional Conduct Involving Technology."  Addressing a similar theme, the need for attorneys to develop technological competency, Casey Flaherty, who serves as corporate counsel for KIA Motors, spoke to AALL participants about the tech audit he has developed to test associates at firms.  So far, the associates are not performing satisfactorily on the audit.  When associates fail to pass the audit, which includes some basic task using whatever software the firm desires, Flaherty reduces the fees by five percent.  Read more about the tech audit here.

(This entry was originally written and posted by Darla Jackson)

Standards Review Committee of the ABA Section on Legal Education Considers Student to Faculty Ratio

The Standards Review Committee of the ABA Section on Legal Education and Admission to the Bar met on July 12-13, 2013 to consider a number of issue regarding accreditation standards. As reported by the National Law Journal, one issue the board discussed was whether to "repeal" the rule establishing a minimum student-to-faculty ratio. After discussion, the committee did vote to do away with the rule; however, the ABA’s managing director for accreditation and legal education noted, "Law schools would still have to have enough faculty members to carry out their mission and comply with all the other accreditation standards."

At USD, class size has remained relatively consistent and allows for a lower student to faculty ratio.

The National Law Journal is available in the Law Library in both electronic and print formats.

(This entry was originally written and posted by Darla Jackson)

Surplus Print Law Reviews Available

Are you looking for legal publications to add to the decor of a law office or some raw materials for a craft project? Bound law reviews and journals can provide important legal information and may also fit many other uses. Click here to see some creative ways of repurposing law books.  In order to expand the open study space in the Law Library, we are currently deacquisitioning a number of surplus print law review and journal series.  Only those titles that are accessible electronically via HeinOnline are currently being removed from the collection. The surplus print resources are available for very reduced prices.  The cost of individual bound items is ten cents ($.10). You may purchase an entire series of a law review or select individual volumes on a cash and carry basis by submitting a cash payment to Gordana Filipovic in Room 132A.

The surplus print law reviews and journals are being temporarily shelved on the East side of the back shelving range on the main floor of the Law Library.  Those bound volumes not sold will be removed from the shelves on a rotating basis for recycling.  As a result, if you are interested in purchasing a particular title, you should come early and claim the title.  Also, because we anticipate conclusion of the project by August 10, 2013, we encourage you not to delay. 

All of the print volumes that are being removed have been stamped as "WITHDRAWN" from the Law Library Collection. If you pick up a volume that is not stamped as withdrawn, it is NOT one of the surplus volumes and is not available for purchase.

(This entry was originally written and posted by Darla Jackson)

Summer Reading List

Members of the Law School faculty have provided recommendations to update a summer reading list for students interested in the legal profession. The list, which is arranged in alphabetical order by author, also provides information regarding the availability of the title at the McKusick Law Library and the I.D. Weeks Library. Some of the titles that are not currently available at the McKusick Law Library have been ordered.

Several of the titles on the list have been collected by the staff and are available on display on the main floor of the Law Library. If there is a title on display that you would like to read, please don't hesitate to pick it up. The library staff will be glad to remove the book from the display and check it out to you.

1.Abraham, Henry. The Judicial Process (K 2100.A725 1968) (Also at I.D.Weeks Library)

2.Bugliosi, Vincent, & Bruce B. Henderson. And the Sea Will Tell (PS3552. U393A82 1991) (Also at I.D. Weeks Library)

3.Cardozo, Benjamin. The Nature of the Judicial Process - "Provides an accessible look at the role of the courts." (KF 380.C3x N3) (Also at I.D. Weeks Library)

4.Cecil, Henry. The English Judge (On order)

5.Connelly, Michael. The Lincoln Lawyer (On order) (Also at I.D. Weeks Library)

6.Haar, Jonathan. A Civil Action (KF 228.A7 H37 1995)

7.Hegland, Kenney. Introduction to the Study & Practice of Law in a Nutshell. -"It is a wonderful intro to law school and Kenney's humor is throughout...he makes what can be a dry read into an enjoyable and entertaining one." (KF 273.H4 2008)

8.Herbert, Sir Alan. Misleading Cases (On order)

9.Herbert, Sir Alan. More Misleading Cases (On order)

10.Higgins, George V. Defending Billy Ryan (On order)

11.Higgins, George V. Kennedy for the Defense (On order)

12.Higgins, George V. Penance for Jerry Kennedy (On order)

13.Higgins, George V. Sandra Nichols Found Dead (On order)

14.Hofstadter, Richard. The American Political Tradition and the Men Who Made It (On order) (Also at I.D. Weeks Library)

15.Kelly, John. A Short History of Western Legal Theory. (K 215.E53K45 1992) (Also at I.D. Weeks Library)

16.Kluger, Richard. Simple Justice. - “The history of Brown v. Board of Education and Black America’s struggle for equality.” (KF 4155.K55 1976) (Also at I.D. Weeks Library)

17.Lee, Harper. To Kill a Mockingbird (On order) (Also at I.D. Weeks Library)

18. Levi, Edward. The Nature of the Judicial Process (On order)

19. Lewellyn, Karl. The Bramble Bush. - "Discusses both the law and the law school experience. Although it is over 60 years old, it is still relevant to today's student experience. It has the advantage of being relatively short." (KF 272.L538 1960)

20. Lewis, Anthony. Gideon's Trumpet (KF 9646.G53x L49) (Also at I.D.Weeks Library)

21.Melville, Herman. Billy Budd - "Provides an examination of the meaning of justice." (On order) (Also at I.D.Weeks Library)

22.Ralston, John. Voltaire's Bastards: The Dictatorship of Reason in the West (On order)

23.Rembar, Charles. The Law of the Land (KF 352.R45) (Also at I.D.Weeks Library)

24. Rice, Charles. 50 Questions on the Natural Law: What It Is & Why We Need It. (On order)

25.Shapo. Law School Without Fear: Strategies for Success (On order)

26.Solomon, Robert. A Passion for Justice: Emotions and the Origins of the Social Contract (HM216. S585 1995)

27.Sowell, Thomas. A Conflict of Visions; Ideological Origins of Political Struggles (HM216. S68 1987)

28. Tarnas, Richard. The Passion of the Western Mind: Understanding the Ideas That Have Shaped Our World View

29. Tinder, Glenn. Political Thinking: The Perennial Questions (On order) (Also at I.D.Weeks Library)

30. Train, Arthur. By Advice of Counsel: Being Adventures of the Celebrated Firm of Tutt & Tutt. Full text available via Google Books

31. Traver, Robert. Anatomy of a Murder (On order)

32. Traver, Robert. Hornstien's Boy (nom de plume of John Voelker, Justice of Michigan Supreme Court). (On order)

33. Traver, Robert. Laughing Whitefish - "About legal research, Indian law, and estates." (On order)

34. Turow, Scott. One L - "Previews the law school experience." (On order)

35. White, E.B. The Elements of Style (PE1408 .S772 2007) (Also at I.D.Weeks Library)

36. Wilson, James Q. The Moral Sense (BJ1012. W5375 1993)

37. Wood, Gordon. The Radicalism of the American Revolution - "Superbly written and gives the reader a fine sense of constitutional values at the time the country was formed." (On order) (Also at I.D.Weeks Library)

 (This entry was originally written and posted by Darla Jackson)

Tom Barnett Named to the 2013 Fastcase 50

Tom Barnett, the Executive Director of the State Bar of South Dakota, was recently recognized as a member of the 2013 Fastcase 50.  The Fastcase 50 honors "the law's smartest, most courageous innovators, techies, visionaries, & leaders."
 
Fastcase's recognition of Director Barnett notes his work to overcome the digital divide and innovate rural law practice and his work to defeat the J.A.I.L. for Judges referendum and reads as follows:

One of the quieter success stories in the future of law comes from Pierre, South Dakota, where Executive Director Tom Barnett for years has been reaching across the digital divide and innovating around the practice of law in rural communities. For years, the State Bar has created access to justice for communities unserved by high-speed Internet, creating and updating the popular Dakota Disc service on CD-ROM. This year, the State Bar also has worked with the South Dakota Legislature to create an incentive program to entice lawyers to serve rural areas of the state. The program may serve as a model for other rural areas, which face serious access-to-justice challenges as older lawyers retire. Tom also led the fight against J.A.I.L. for Judges – a referendum that would have had a citizen’s committee review whether the South Dakota Supreme Court “followed the law,” and would have threatened judges with the loss of their jobs and pensions if it were found that they didn’t. Tom worked tirelessly to defeat the referendum, which he saw as a threat to the rule of law and our judicial system.

(This entry was originally written and posted by Darla Jackson)

Fastcase and HeinOnline Announce Partnership

On July 9, 2013, William S. Hein & Co., the provider of HeinOnline services, and Fastcase announced a new agreement under which they will share resources. Hein will provide federal and state case law to HeinOnline subscribers via hyperlinks, which will be powered by Fastcase. Fastcase will integrate resources from HeinOnline’s law review and historical state statute collections in its search results. Fastcase users will be able to view abstracts of HeinOnline resources for free, but will need to have other subscription options to view full articles.

Both HeinOnline and Fastcase services are available to USD Law School faculty and students. Fastcase is also available to all members of the State of South Dakota State Bar.

Hat tip to Law Librarian Blog and WisBlawg, the blog of the UW Law Library.

(This entry was originally written and posted by Darla Jackson)

USD Law Students Have Incentive to Become Rural Lawyers

South Dakota's Chief Justice, David E. Gilbertson has stated that "[a] hospital will not last long with no doctors, and a courthouse and judicial system with no lawyers faces the same grim future...[w]e face the very real possibility of whole sections of this state being without access to legal services...[w]ith 65% of South Dakota's lawyers living in 4 urban areas."

Supreme Court Chief Justice, David Gilbertson was the main advocate behind HB 1096 which passed in the final 24 hours of the legislative session, having made the Rural Lawyer Program a reality in South Dakota.  A new article published in the Capital Journal explains the program that has been developed for recent graduates of the USD Law School who may have an interest in practicing in rural areas.

Both the Capital Journal article and a recent article in the New York Times highlight the need for attorneys to practice in these remote areas of the state.  For additional information on the need for rural attorneys in South Dakota see the blog on April 9, 2013 which featured a New York Times front page article on this topic.

Two books in the library that may be helpful for those considering rural practice are: Solo by Choice and $olo Contendere.

(This entry was originally written and posted by Karyl Knodel)

OYEZ to Expand Coverage

The OYEZ Project, hosted at the Chicago Kent College of Law, plans to expand its free access to the proceedings of State Supreme Courts. OYEZ will enlarge its online archive of transcripts, audio recordings, news and analysis of court proceedings and decisions to the State Supreme Courts of California, Florida, Illinois, New York and Texas. The proceedings of other state courts may be added in the future.

Additional details about OYEZ's planned expansion may be viewed on the National Law Journal website.

Hat tip to WisBlawg, the UW Law Library Blog.

(This entry was originally written and posted by Darla Jackson)

Mug Shots, Fingerprints, DNA Swabs ... and a Forthcoming Resource on South Dakota law

On June 3rd, the United States Supreme Court upheld a Maryland statute authorizing cheek swabs for the collection of DNA from persons arrested for serious offenses.  Maryland v. King, 569 U.S. ___, 133 S. Ct. 1958 (2013).  In his majority opinion, Justice Kennedy reasoned that although the swab was a search under the Fourth Amendment to the United States Constitution, the intrusion was minimal, similar to taking a mug shot or fingerprinting, and served the substantial government interest in learning the arrestee's full identification, including whether the arrestee had committed crimes in the past.  In the dissent, Justice Scalia pointed out that the DNA swabs were not for identification purposes, but were intended solely for the investigation of other crimes. 

Questions already have been raised about the internal statutory protections in the Maryland statute, such as the disposal of DNA samples upon acquittal or the limitations on other uses of the DNA records.  Scott Greenfield responded to those questions in his blog, Simple Justice.  Others wanted to know about the disposal of the DNA of the victims taken to distinguish it from a suspect's DNA. What happens to the victims' DNA?  Greenfield commented on that question, too, in a later post.

A forthcoming resource on South Dakota law: University of South Dakota School of Law Professor Christine Hutton will publish the long-awaited second edition of Larson's South Dakota Evidence.  

(This entry was originally written and posted by Marsha Stacey)