Continuing Disputes in "Baby Veronica" Case

The Prairie Law Blog has been posting frequent updates regarding the case of "Baby Veronica", an adoption and custody case involving the Indian Child Welfare Act (ICWA).  The case ultimately resulted in the child returning to South Carolina with the adoptive parents, as opposed to remaining with the child's birth father, a resident of Oklahoma and a member of the Cherokee Nation.

Shortly after the resolution of the custody matter in September, the adoptive parents filed proceedings to recoup their attorney fees, both in South Carolina and Oklahoma.  In Oklahoma, the couple is seeking over $1 million in fees from both the birth father and the Cherokee Nation.  See an article here from the Tulsa World regarding the proceedings.

Yesterday, it was reported that the Cherokee Nation has filed court papers arguing that sovereign immunity protects it from the efforts of the adoptive parents to collect the fees.  For more information, see this article from the ABA Journal.

For more information on tribal sovereign immunity, consider Cohen's Handbook of Federal Indian Law or the American Indian Law Deskbook, which both offer sections on the topic and provide a general overview.  Both of these titles are available in the Library's Reserve Room.

For more information on attorneys' fees and attorney fee disputes, consider Attorneys' Fees by Robert L. Rossi, available in the classified collection on the lower level of the library.

Library Hours - Thanksgiving Holiday

The McKusick Law Library will be open to the public until 5 p.m. on Wednesday, November 27.  The Reserve Room and Reference/Circulation Desk will be available to students and faculty until 6 p.m. on Nov. 27.  The library will be closed on Thursday, Nov. 28 and Friday, Nov. 29, as well as Saturday, Nov. 30 and Sunday, Dec. 1.  We will resume normal hours on Monday, December 2.  Law Students and Law Faculty may access the Law Library using their University IDs anytime throughout the November 27 - December 1 break.  

Remembering 50 Years Since the Assassination of JFK

November 22 marked fifty years since the day President John F. Kennedy, Jr. was assassinated in Dallas, TX.  The law library is currently featuring a display which offers some well-known resources related to the Kennedy assassination, including the Report of the Warren Commission and hearing testimony before the Commission.  Information is also included on how to access these resources on HeinOnline.  FDsys is also currently offering a PDF version of the Warren Commission Report directly from its homepage.

The display also features several print titles related to the assassination of President Kennedy, including the following:

Barbie Zelizer, Covering the Body: The Kennedy Assassination and the Shaping of Collective Memory (1992)

Charles G. Wilber, Medicolegal Investigation of the President John F. Kennedy Murder (1978)

David W. Belin, November 22, 1963: You are the Jury (1973)

Mark Lane, Rush to Judgment: A Critique of the Warren Commission's Inquiry Into the Murders of President John F. Kennedy, Officer J.D. Tippit, and Lee Harvey Oswald (1966)

More Google News: Google Reaches Settlement With 37 States, Including SD, on Privacy Issue

On Tuesday, it was announced that Google had reached a $17 million settlement with the attorneys general of 37 states (and the District of Columbia) regarding privacy settings on the Safari browser. South Dakota was one of the 37 states included in the settlement and will receive almost $225,000.00 in addition to injunctive relief. 

According to a summary from the Electronic Privacy Information Center, the attorneys general had alleged that "Google violated state consumer protection and privacy law by placing advertising tracking cookies on Safari browsers despite telling users that it would honor the default Safari privacy settings, which prevented the placement of such cookies."

For more information on the settlement and response from South Dakota Attorney General Marty Jackley, see the recent press release from the Attorney General's office.

A copy of the settlement is available here, which provides references to the states' consumer protection/computer abuse statutes. 

For further reading on internet privacy and consumer protection, consider one of the following library titles:

Margaret C. Jasper, Consumer Rights Law (2007)

Michael L. Rustad, Internet Law in a Nutshell (2009)

150 Years Since Gettysburg Address

Tuesday, November 19, marked the 150th anniversary of President Lincoln's delivery of the Gettysburg Address. Given in the midst of the Civil War, the address is considered to be one of the most influential speeches in U.S. history.  The Library of Congress, which houses two early drafts of the address penned by President Lincoln, maintains a bibliography of print and online resources concerning the Gettysburg Address.  Click here to access the bibliography.

The McKusick Law Library also has several titles available that relate to President Lincoln and his speeches, including the Gettysburg Address.  For further reading, consider one of the following:

Ronald C. White, The Eloquent President: A Portrait of Lincoln Through His Words (2005)

Garry Wills, Lincoln at Gettysburg: The Words That Remade America (1992)

John Channing Briggs, Lincoln’s Speeches Reconsidered (2005)

Decision in Google Books Lawsuit

Last Thursday, a decision was reached in the case of Authors Guild Inc. et al. v. Google, Inc. in the U.S. District Court for the Southern District of New York, dismissing claims of Authors Guild that Google violates copyright law by providing "snippets" of copyrighted works online via its Google Books project.  See an article on the decision from Reuters news.  Authors Guild, an advocacy group supporting the rights of authors and publishers, is expected to appeal the decision.  In a 30-page opinion, Judge Denny Chin found that Google met all the necessary elements for a fair-use defense under copyright law.  For a summary of the fair-use analysis, see this article from Wired.com.  Wired also has available a PDF copy of the opinion. 

The opinion highlights the educational and transformative nature of the full-text availability of the works, including the ability for researchers to conduct analyses of the text data, including word frequencies, etc.  The case also has far-reaching implications for the library community.  Our own text analysis of the opinion reveals that the word "libraries" was mentioned 26 times and the word "librarians" 5 times.  According to the Reuters article, Google has described the Google Books project as a "card catalog for the digital age."

Some Friday Funnies: ABA Journal Offers Caption Contest

Looking for a little diversion on a Friday afternoon with just a twist of legal analysis? Check out the ABA Journal's legal-themed cartoon caption writing contest here.  This is the second cartoon offered in this year's contest and caption submissions are due Sunday, November 17 at 11:59 p.m. CST.  While visiting the ABA Journal's website, be sure to check out some of their more serious offerings, including legal news coverage and a blawg directory which includes links to legal blogs organized by topic, author type, region, and law school. 

The library also maintains a print collection of ABA Newsletters.  Recent issues of these newsletters can be found on the circular rack just past the entrance to the main floor of the library. 

Throwback Thursday: Using the Internet Archive Wayback Machine

Ever wonder what some of your favorite or frequently visited websites looked like 5 years ago, 10 years ago, or even 15 years ago?  Take a moment to check out the Internet Archive's Wayback Machine, available at http://archive.org/web/.  This tool provides snapshots of websites at various intervals, beginning in 1996.  If you're feeling especially nostalgic, try looking up the old versions of AOL.com.

While it can be a lot of fun to revisit the days of dial-up, the Wayback Machine can also be a serious research tool.  Remember that information found on websites is not static, and what is available today may be gone tomorrow.  In addition to taking its own snapshots, the Wayback Machine offers a tool that allows you to capture a web page at a particular point in time.

For some timely news on another project from the Internet Archive, see a recent post on the Law Librarians blog.

Finals on Your Mind?

It's the middle of November and that means finals are on their way.  If you're like many law students, you are starting to write your grocery lists in outline format and maybe even dreaming in roman numerals.  To help you with your studies, here is a quick "outline" of some of the resources available through the Law Library regarding exam-taking and academic success:

I.  Check out our LibGuide on Academic Success, available here.

A.  Offers information on print resources in the library about exam-taking and law school success

B.  Contains links to web resources such as CALI lessons to help you prepare for exams

II.  Check out our collection of Nutshells available on the main floor

A.  Subject-specific Nutshells are available as study aids for particular courses

B.  There are also Nutshells that focus on law school success

C.  Older editions of Nutshells can be found on the lower level

III.  Visit the Reserve Room for other study aids such as Hornbooks

IV.  Don't forget to ask a librarian for further help or suggestions!

Veterans Day and Military Family Month 2013

Pursuant to 5 U.S.C. §6103, Monday, November 11, 2013 is Veterans Day.  President Obama also has proclaimed November 2013 as "Military Family Month." To commemorate the federal holiday and show our support for military families, the McKusick Law Library has displayed selected resources from its collection on military law and veterans' benefits.  Included are The Military Law Sourcebook, published by the American Bar Association, Military Criminal Justice: Practice and Procedure, by David A. Schlueter, Military Service and the Law, edited by Joseph Butler and Brian Clauss (with a chapter on Family Law issues as they pertain to service members) and Veterans Benefits Manual, edited by Barton F. Stichman, Ronald B. Abrams, Meg Bartley and Louis J. George (which includes a chapter on VA Benefits for family members).

Earlier this fall, the University of South Dakota was named to the 2014 Military Friendly School list by Victory Media, based on USD's "commitment to providing a supportive environment for military students." USD was recognized for "providing veteran students with assistance through the USD Veterans Club, the Fides Grant for staff and faculty development, in-state tuition waivers, special policies for deployment, streamlined registration, the Student Veterans Resource Center, and a U.S. Department of Veterans Affairs and South Dakota Veterans Affairs grant."  During Veterans' Appreciation Week, November 4-11, the USD Student-Veteran Resource Center, ROTC and the USD Veterans' Club have activities planned for university student veterans, military members and their families.

National Native American Heritage Month Display

On October 31, 2013, President Obama proclaimed the month of November 2013 as National Native American Heritage Month. To observe this special month, the McKusick Law Library created a display of selected books from its collection on Native American culture and history. Included in the display are Reflections on American Indian History: Honoring the Past, Building a Future, edited by Alberto L. Hurtado, a volume of essays originating from the 2005 Wilma Mankiller Symposium on American History, American Indian Nations: Yesterday, Today and Tomorrow, edited by George Horse Capture, Duane Champagne and Chandler C. Jackson, a series of essays on the problems and achievements of modern Native peoples, Encyclopedia of Native Tribes of North America, by Michael G. Johnson and Richard Hook, and Women of the Native Struggle: Portraits and Testimony of Native American Women, by Ronnie Farley.  These books are only a few of the books on Native culture and history available to be checked out from the Law Library.

For more information, visit the Library of Congress's website on Native American Heritage Month.  Listen to stories from Native American veterans from the Veterans' History Project, including Marcella Ryan Le Beau from South Dakota.  Watch the video on the Bdote Memory Map, an oral history on places of importance to the Bdote Dakota people of Minnesota.

THOMAS.gov Will Transition to Congress.gov

Many attorneys, law librarians, and law students use the Library of Congress's THOMAS website for federal legislative research. In November, the url Thomas.gov will be redirected to Congress.gov. Thomas.gov will remain accessible from the Congress.gov homepage through late 2014. For more information, visit this post on the Law Librarians of Congress blog, In Custodia Legis.

The new platform, Congress.gov, provides the same information as Thomas. In the search entry box, choose Current Legislation or All Legislation. Search by bill number (hr5 or s276), public law number (109-71), the Popular Name of an Act ("Wind Cave"), or use a boolean search or field search (see Search Tips link circled in red in the first screenshot below).  Refine your search results by using the "facets," or categories, displayed on the left side of the search results. Click on the hyperlinked bill number to go to the Overview and Legislative History tabs.

 

The screenshot below shows the Overview and Legislative History for Senate Bill 276, which became Public Law No. 109-71.  In the Overview, there is a link to the Senate Committee Report. Below the Overview, the "Text" tab links to five versions of the bill.  The "Actions" tab includes Congressional Record links for this bill.

Hat tip to WisBlawg, the University of Wisconsin Law Library Blog.