"Goulish" Legal Research

At this time of year, many blawgers and legal authors ponder laws and cases on Halloween-related matters. Francisco Macias, in the In Custodia Legis: Law Librarians of Congress blog, posted a "jack-o-lantern " full of state statutes related to Halloween, including many laws related to wearing masks while committing a crime. Daniel B. Moar explored case law related to haunted houses, chainsaw-related accidents, and provocative Halloween costumes, in an article entitled "Case Law from the Crypt" found in the October 2011 issue of the New York State Bar Journal, available on WestlawNext. (USD first-year law students may want to follow up on the costume cases, as some of these cases involve the topic of their legal writing open memo, sexual harassment in the workplace.)

This Halloween, PrairieLaw Blog brings you "goulish" articles from the venerable American Law Reports (A.L.R.) (available in print on the main floor of the library in Stack 3, and on WestlawNext and LexisAdvance):

• Dead Bodies: Liability for Improper Manner of Reinterment, 53 A.L.R. 4th 394
• Construction and Application of Graverobbing Statutes, 52 A.L.R.3d 701
• Liability for Desecration of Graves and Tombstones, 77 A.L.R.4th 108

Other Halloween-related articles:

• Right of Victim of Practical Joke to Recover Against Its Perpetrator, 9 A.L.R. 364 (useful for April Fool's Day, too)
• Validity and Construction of State Statute or Ordinance Prohibiting Picketing, Parading, Demonstrating, or Appearing in Public While Masked or Disguised, 2 A.L.R. 4th 1241

Adoption Law Display

November is National Adoption Awareness Month, and in conjunction with this observance, the McKusick Law Library is currently featuring a display which provides information and resources regarding adoption law, both generally and in the State of South Dakota.  Included in the display are the following titles:

Cecilia Fiermonte and Jennifer L. Renne, Making it Permanent: Reasonable Efforts to Finalize Permanency Plans for Foster Children (2002)

Sanford N. Katz and Daniel R. Katz, Adoption Laws in a Nutshell (2012)

Ann M. Haralambie, Handling Child Custody, Abuse, and Adoption Cases (2009)

Barbara Ann Atwood, Children, Tribes & States:  Adoption and Custody Conflicts Over American Indian Children (2010)

Sharon G. Elstein, et al., Achieving Permanency for Adolescents in Foster Care:  A Guide for Legal Professionals (2006)

In addition to the titles listed above, the display offers references to adoption laws in the South Dakota Codified Laws as well as information on adoption from South Dakota's Department of Social Services.  The display also features electronic resources, including articles on adoption law available on HeinOnline, as well as an electronic adoption law treatise available via WestlawNext.

Important News for Exam4 Users

You should previously have received notice that the exam software used at USD Law, Exam4, requires a laptop or desktop computer with:

10 MB free hard disk space

Network connection and/or working USB port

A supported operating system:

Microsoft Windows 8 (excluding Surface Pro)

Microsoft Windows 7

Microsoft Windows Vista

Apple OS X 10.6 "Snow Leopard

Apple OS X 10.8 "Mountain Lion (current)

Please note that the following operating systems are NOT supported:

New Windows 8.1 and Mac 10.9 Mavericks

Microsoft Windows XP and earlier

Apple Macintosh OS X 10.5 Leopard and earlier

Linux

Chromebooks

Microsoft Surface (incl. Pro)

Virtual operating systems (VMs)

Apple iDevices (iPad, iPhone, etc.)

If you have questions regarding if your computer meets these requirements, you should discuss this issue with the IT by visiting the help desk prior to the beginning of the exam period.

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

Suggested Reading from Gunderson Lecture

On Monday, October 28, Robert Keatinge presented the 2013 Clark Y. Gunderson Lecture at the Law School.  Held annually as a lecture or symposium with the support from the University of South Dakota Foundation, the Gunderson Lecture is the Law School's preeminent lecture honoring Clark Y. Gunderson, a USD School of Law faculty member from 1934 to 1963.  Robert Keatinge is an attorney of counsel with the law firm of Holland & Hart, LLP in Denver, CO and practices in the areas of business organizations, taxation, and professional responsibility.  He has also taught at the University of Denver College of Law, Suffolk University School of Law and the University of Miami School of Law.  The title of Keatinge's lecture was "There is No Right Answer to the Wrong Question: Whither the Law?" To accompany the presentation, Keatinge provided a list of books for recommended reading.  Available in the McKusick Law Library are the following titles:

Sol Linowitz, The Betrayed Profession (2003)

Richard Susskind, The Future of Law (1996)

Richard Susskind, Transforming the Law (2003)

These titles are currently featured in a library display, and are available for checkout.
In addition to these titles, the following titles were also on Keatinge's recommended reading list:

Richard Susskind, Tomorrow's Lawyers (2013)

Richard Susskind, The End of Lawyers (2010)

Brian Tamanaha, Failing Law Schoools (2012)

Bruce MacEwen (President of Adam Smith, Esq.), Growth is Dead, Now What?: Law Firms on the Brink, an Inquiry Into the Economics of Law Firms (2013)

Steven J. Harper, The Lawyer Bubble: A Profession in Crisis (2012)

(This entry was originally written and posted by Sarah Kammer)

The South Dakota Unified Judicial System's Odyssey Case Management System

Odyssey, the South Dakota Unified Judicial System's new case management system, will allow statewide online filing of documents, online payments, and online access to court records. On September 10th, the South Dakota Supreme Court adopted Supreme Court Rule 13-12 relating to Circuit Court Electronic Filing Rules.  Pursuant to this Rule, "[e]ffective July 1, 2014 ... all filings, notices, petitions, pleadings, motions, briefs or documents, with the exception of small claims, shall be filed electronically for all civil case types.  For criminal case types all documents, except the initiating pleading or documents specifically exempted by these rules or court order, shall be filed electronically."  On the same date, the South Dakota Supreme Court adopted Supreme Court Rule 13-11 related to Supreme Court Electronic Filing Rules.  According to the State Court Administrator's office, an e-filing training pilot program took place this month in Rapid City and will be held at other locations in the state during the next few months and into 2014.

At the present time, the public may access and print online case information, including the Register of Actions and documents filed in the case, using the public access computers at county courthouses.  Instructions and the log in credentials for the public access computers are found on the Unified Judicial System website.  To conduct a search for case information, users must have the case number or request the case number from the Clerk of Courts and pay any applicable search fee. 

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

In The News..............

The library subscribes to a variety of newspapers, including several for leisurely reading.  Our newspapers include the New York Times, Wall Street Journal,  National Law Journal, Sioux Falls Argus Leader and the Vermillion Plaintalk.  These items are located on the table near the main floor library entrance door.  Newspapers are kept for a week before recycling with the exception of the National Law Journal, which is kept indefinitely, and the Wall Street Journal, which is kept for a week.  To access older issues of these papers, please ask one of the librarians. 

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

Looking For Career Advice?

The library has a new career section in the Reserve Room and we continue to add to our collection.  This career section is located on one shelf on the far wall  and you may want to browse the titles at your convenience.  These books are very current and relevant to law school and your future in a law-related career.  Some of the newest titles include subjects such as taking the bar exam, setting up your own law office, and beyond.  Some selections of interest may include: Essential Lawyering Skills, The Legal Job Interview, From Lemons to Lemonade in the New Legal Job Market, and The New What Can You Do with a Law Degree?

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

Practical Resources for Professional and Personal Life

The Law Library has many books and materials available for check out that offer practical advice for both our professional and personal lives.  A search of the Library's online catalog in the subject areas of Alzheimer's Disease, Persuasion, and Indian Land Transfers brings up titles we have recently received in these subjects which include "Alzheimer's and the Law: Counseling Clients with Dementia and their Families," "Win Your Case : How to Present, Persuade, Prevail - Every Place, Every Time" and "Buying America from the Indians."  Other titles of interest may include "Excellence in the Workplace: Legal & Life Skills in a Nutshell" and "Where there is a Will there is a Way: or, All I Really Need to Know I Learned from Shakespeare".

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

Annual MAALL Meeting in Omaha

Darla Jackson, Law Library Director, Marsha Stacey, Assistant Law Library Director, and Sarah Kammer, Library Assistant, will be attending the Mid America Association of Law Libraries (MAALL) meeting this week.  MAALL is comprised of law libraries in seven states (Arkansas, Illinois, Iowa, Kansas, Nebraska, Oklahoma and South Dakota).  The theme for the conference this year is "Connecting Law Libraries for 40 years" and will be held in Omaha, Nebraska October 17-19.

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

Temperature in the Library

Campus Facilities Operations and Maintenance has started the process of changing over the campus buildings to heating for the winter.  Most buildings will have heat by this Friday, the 18th, and the full process will be completed by October 23.  During the transition, there may be some temperature fluctuations.  The law library staff are always concerned with the comfort of our faculty, students and other patrons within the law library.  If you experience temperature fluctuations that interfere with your use of the library, please let us know.  However, your patience is appreciated during the heating transition phase.

(This entry was originally written and posted by Sarah Kammer)

In A Nutshell.............

Almost every week, the Law Library receives a new Nutshell Law study guide. Be sure not to overlook these useful study aids.  They are found in the front bookcase as you walk into the library, and are shelved according to call number.  Many different subject areas covered by this series, and the books are a handy size to carry with you and read in your spare time.  The current editions in the "Study Aids" section may be checked out for 24 hours at a time, while the older editions found in the LC collection may be checked out as any classified book, for 4 weeks.  Take time to become familiar with them.  New titles include Global Internet Law and Trade Secret Law.

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

Library Hours - October 11 and October 14

Monday, October 14 is Native Americans' Day, a legal holiday in the State of South Dakota.  The McKusick Law Library will be closed to the public all day on October 14.  Students will continue to have 24/7 access to the Law Library.  The Law Library will also be closing at 5:00 p.m. on Friday, October 11.

(This entry was originally written and posted by Sarah Kammer)

Native Americans' Day - October 14, 2013

In 1990, the South Dakota Legislature voted to observe the second Monday in every October as Native Americans' Day. This legal holiday is dedicated to the remembrance of the great Native American leaders who contributed so much to the history of South Dakota.  S.D. Codified Laws §1-5-1.2.

To coincide with this legal holiday, the McKusick Law Library has displayed some essential tribal law and federal Indian Law resources from its collection.  Included in the display are The Encyclopedia of Native American Tradition edited by Bruce Elliott Johansen and American Indian Tribal Governments by Sharon O'Brien, both recommended by David Selden of the National Indian Law Library at the Native American Rights Fund (NARF) as good secondary sources on tribal legal systems . In addition, this display includes resources for background on federal Indian Law, such as Cohen's Handbook of Federal Indian Law, Stephen Pevar's The Rights of Indians and Tribes and American Indian Law in a Nutshell, also recommended by David Selden and Monica Martens of NARF. Print copies of Selden's "Basic Indian Law Research Tips - Tribal Law" and Selden and Marten's "Basic Indian Law Research Tips - Part I: Federal Indian Law" also have been placed in the display.

The Law Library also has compiled a list of selected online Native American law resources.  These resources include the National Indian Law Library, the Tribal Court Clearinghouse, Versus Law, Tribal Law Journal, and the American Indian Law Review (available to USD Law students and faculty from Hein Online).

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

Legal Ethics in the News

A recent article in the ABA Journal discusses the Arizona prosecutor who has been accused of an ethical violation in a capital murder case. To read the article, click here.  For more information on legal ethics in the State of South Dakota, visit the State Bar's Ethics page. The site provides links to Ethics Opinions, the Rules of Professional Conduct, and links to other states' ethics opinions and ABA ethics opinions.

If you are interested in reading further about legal ethics, check out the law library's ethics collection in the Reserve Room. A couple of titles of interest include:
ABA/BNA Lawyers' Manual on Professional Conduct
The Law of Lawyering

(This entry was originally written and posted by Gordana Filipovic)

Archive of federal agency websites saved before the shutdown

Before Federal Agency websites were taken offline, the Internet Archive saved copies of a number of these websites. The archives are available through the link below with the exception that the databases, search engines, etc. may not work. Static pages should be available.
http://blog.archive.org/2013/10/02/governmentblackout/

(This entry was originally written and posted by Gordana Filipovic)

Last Chance to Purchase Surplus Print Law Reviews and Journals

The Law Library is nearing completion of the print law review and journal deacquisition project. Only those titles that are accessible electronically on Hein Online are being removed from the collection. This week is the last chance sale of these print materials at very reduced prices. The cost of individually 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 your 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 (Range 16).  All of the print volumes that are being removed have been stamped as "WITHDRAWN" in red ink. 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.  The books will remain on the shelves through this week (October 8-11), so you should come early and claim the volumes you would like to purchase.

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

Women in Law Attorney of the Year, Brendan Johnson

Today, October 7, at 5:00 p.m. in the Law School Courtroom, USD Women in Law will honor United States Attorney Brendan Johnson with the group's Attorney of the Year Award.  While all of Johnson's accomplishments are being honored, the group especially recognizes his contributions in the area of human trafficking.  In conjunction with this event, the Law Library has created a display that includes biographical information about Johnson, and other resources available on the United States Attorney's Office for the District of South Dakota website, including the Office's annual report on Human Trafficking, and a link to a video featuring U.S. Attorney Johnson regarding sex trafficking in South Dakota, titled "Hidden in Plain Sight."  The display also features print and electronic resources available from the law library which discuss human trafficking.

(This entry was originally written and posted by Sarah Kammer)

New Library Signage for Help in Locating Items

Looking for a quick reference on where to find materials on particular legal topics in the law library?  The law library has just posted new signs that direct you to the Library of Congress call number ranges for particular subjects, from Administration of Justice (KF8700-8709) to Zoning (KF5691-5699).  Two signs are posted downstairs in the Library of Congress classified collection.  One should be visible at the bottom of each stairwell, posted at the end of the nearest shelving range.  There are also signs posted in the Reserve Room and next to the public access terminals on the main floor.

While the signs provide a quick reference, don't forget that subject searching is available through the library's online catalog, available on the Law Library's website.  Choose Advanced Search to limit your searching to subject fields. 

Did you know that you can also search by call number?  When you bring up a new search, choose Call Number as a search field, and type in the main part of the call number (for example, KF8700 -- no spaces).  The catalog will then locate other items that begin with the same Library of Congress class number.

For additional help in locating items in the law library, please ask any of the library staff for assistance.  

(This entry was originally written and posted by Sarah Kammer)

Changes to Alarm System

Please be aware that the controls for the alarm system are now secured with a locked cover.  A key to the locked cover is maintained in the Dean's Suite and by University Police.  The Law Library staff do not maintain a copy of the key.  Accordingly, even if library personnel are at the desk, if an alarm is triggered between 5pm and 7:30am, the alarm will not be turned off until University Police personnel are contacted and arrive at the Law School.  Because of this security change, students are advised to take additional care to not trigger an alarm through use of an emergency exit door after hours.  If you trigger the alarms after hours, on weekends, or during a holiday, you will need to contact University Police.  The University Police number for non-emergencies is 605-677-5342.  In the case of an emergency, dial 9-911 from any campus phone. 

Because the alarm system is not automatically disarmed after a set period of time, failure to contact University Police will result in the alarm continuing to sound.  Please be courteous to your colleagues by taking extra care not to set off the alarms and by contacting the appropriate organization should you mistakenly trigger an alarm.

(This entry was originally written and posted by Sarah Kammer)