Update to Law Library Services and Hours - Winter Break

The Law Library will be closing to the public at noon on December 24.  For more information about the Law Library's hours and services over the Winter Break, please see our previous post here. 

Happy holidays! 

Study Shows Waiting for Bar Exam Results Can Be Stressful

With the fall semester finals at USD Law now in the books, law students can attest to the anxiety that comes along with waiting for their scores.  The same is true for many bar exam takers, and a new study provides data indicating that those taking the bar exam are significantly stressed immediately after the exam and also in the weeks before the results were released.  The article, by Kate Sweeney and Sara Andrews, is titled Mapping Individual Differences in the Experiences of a Waiting Period, and it appears in a recent issue of the Journal of Personality and Social Psychology.  For the article, Sweeney and Andrews tracked 50 law school graduates who took the California bar exam in 2011. 

A recent post by the TaxProf Blog provides the abstract of the article, as well as comments from author Kate Sweeney, who is a professor of psychology at the University of California - Riverside. 

New Justice Department Guidance on Marijuana Sales and Use on Native American Reservations

Last week, the U.S. Department of Justice (DOJ) released an October guidance memorandum regarding enforcement of federal marijuana laws on Native American reservations.  The memorandum, available here, indicates that with regard to enforcement, "each United States Attorney should consult with the affected tribes on a government-to-government basis."

There has been fairly extensive coverage of the memorandum in the press, with a recent article appearing in the Los Angeles Times, which quotes U.S. Attorney Timothy Purdon of North Dakota, who chairs the Attorney General’s Subcommittee on Native American Issues, and U.S. Attorney John Walsh of Colorado.

According to the Los Angeles Times article, "the Justice Department will generally not attempt to enforce federal marijuana laws on federally recognized tribes that choose to allow it, as long as they meet eight federal guidelines, including that marijuana not be sold to minors and not be transported to areas that prohibit it."  Purdon is quoted for the proposition that "the federal government will continue to legally support those tribes that wish to ban marijuana, even in states that now permit its sale."  In fact, the memorandum was issued in response to tribal governments seeking clarification as to whether the DOJ would recognize tribal marijuana bans in states where recreational use has been legalized (see article from the Washington Post here).  

While the news coverage of the memorandum has varied, most coverage has framed the issue as one of tribal sovereignty.   As Purdon stated in the Los Angeles Times article, "the tribes have the sovereign right to set the code on their reservations."

Other news coverage is available here from U.S. News and World Report, here from USA Today, and here from the ABA Journal. 

Law Library Services and Hours - Winter Break

Effective today, the McKusick Law Library will be modifying circulation and reference service hours for the Winter Break.  Circulation and reference services will be available from 8:00 a.m. to 5:00 p.m., Monday through Friday.  During the Winter Break, the Law Library will be open to the public from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for designated state or federal holidays.  The McKusick Law Library will be closed Thursday, December 25 and Friday, December 26.  The Law Library will also be closed on Thursday, January 1. 

Law classes resume on Wednesday, January 7.  Stay tuned to the Prairie Law Blog and the McKusick Law Library LibGuide for our service hours effective for the spring semester.

Library Hours - Thursday, December 11

The Law Library will be closing today to the public at our normal closing time of 5:00 p.m.  However, circulation and reference services for law students will not be available after 5:00 p.m. today. 

Tomorrow (Friday, December 12) is the last day of the finals period for law students.  Please stay tuned to the Prairie Law Blog for updates regarding circulation and reference service hours during the winter break.  Law classes resume on Wednesday, January 7. 

Update in Apple iPod Class Action Antitrust Case

Last week, the Prairie Law Blog posted about the beginning of the trial in a class action lawsuit against Apple, in which the plaintiffs alleged that Apple violated antitrust laws by preventing certain models of iPods from playing songs that were not purchased via Apple's iTunes Store.

The ABA Journal recently reported that the judge presiding over the trial disqualified the one remaining lead plaintiff, because she did not purchase the iPod device within the time period required by the class action lawsuit.  The judge ordered counsel for the plaintiffs to find a substitute lead plaintiff as soon as possible for the trial to proceed.  Bloomberg News reports here on efforts to name a new lead plaintiff in the case. 

Stay up-to-date with developments in the case via Bloomberg News' Antitrust Litigation news page here. 

ABA TECHREPORT Summarizes 2014 Trends in Legal Technology

For more than a decade, the American Bar Association (ABA) has published a yearly Legal Technology Survey Report, based on the results of a survey of practicing attorneys about their technology use and choices of technology.  Copies of the official survey report are available for purchase from the ABA. 

Beginning in 2013, the ABA began publishing the TECHREPORT, which includes articles that summarize the data available in the official report and provide additional analysis.  These articles are written by experts in the field of legal technology.  This year's TECHREPORT is available here, with links to each of the 10 articles, which cover the following topics:  Security, Cloud Computing, Practice Management, Blogging and Social Media, Technology Training, Legal Research, Mobile Technology, Virtual Law Practice, Litigation Technology, and Solo and Small Firm Technology. 

The 2013 ABA TECHREPORT is also available here from the ABA. 

The Debate Over C.O.O.L. Heats Up With U.S. Appeal of WTO Decision

Country-of-Origin Labeling (or C.O.O.L for short) has been a long-debated topic on the international level.  U.S. Department of Agriculture (USDA) rules promulgated under 2008 legislation passed by Congress require country-of-origin labeling on packaged cuts of meat, as well as some fruits and vegetables.  (See the USDA's fact sheet here regarding labeling for meat and chicken.)  These rules have been targeted by Canada and Mexico, who claim that the labeling requirements put their products at a disadvantage with American consumers.  These countries won success in a World Trade Organization (WTO) ruling 3 years ago, which held that the U.S. rules were illegal in their discrimination against imported meat, according to a recent article from Reuters News here. 

The U.S. appealed the initial ruling and new labeling regulations were promulgated by the USDA in 2013 (see the recent article published by AgWeek).  However, the most recent WTO ruling in October 2014 determined that the new regulations were still non-compliant.  On November 28, the Office of the U.S. Trade Representative appealed this subsequent ruling. 

According to an article by the Minnesota Star-Tribune, the appeal and the labeling requirements are supported by the National Farmers Union, while many meatpackers oppose C.O.O.L. because it increases costs and paperwork.  A blog post (written by the President of the National Farmers Union) on "The Hill" Blog indicates that the majority of Americans support the labeling, based on a public opinion poll.

Interested in more information about international trade and agriculture?  Consider one of the following titles available in the McKusick Law Library:

International Trade and Economic Relations in a Nutshell / by Ralph H. Folsom, Michael Wallace Gordon, John A. Spanogle, & Michael P. Van Alstine

Agriculture in the New Global Economy / by William Coleman, Wyn Grant & Tim Josling

Come Visit Our Holiday Book Tree and Donate to the NALSA Toy Drive

Q: How many books does it take to make a 6 foot holiday tree in the Law Library?

A:  A lot!

The Law Library invites you to come take a look at our holiday tree on the main floor of the library.  The tree is made out of books from the upper level of the library -- mostly green, with a few other colors interspersed for "ornaments"!

Also, the Law Library is happy to be partnering with the USD Law Native American Law Students Association (NALSA) to collect donations for the NALSA Toy Drive in the bins by the tree.  The NALSA Toy Drive provides gifts during the holiday season to Native American children in need.  Suggested donation items include color books, crayons, markers, nail sets, crafts, books, dolls, cars, hair accessories or toys of any kind.

December is Universal Human Rights Month - Law Library Display

The month of December is recognized as Universal Human Rights Month, and December 10 is International Human Rights Day.  International Human Rights Day commemorates the adoption of the Universal Declaration of Human Rights by the United Nations in 1948.  For more information about Human Rights Day, see the UN's website here.  A copy of the Universal Declaration of Human Rights is available here. 

In the spirit of these observances, the Law Library is currently featuring a display with resources on international human rights law.  Especially featured is the recent 2nd edition of USD Law Professor Jo Pasqualucci's book, The Practice and Procedure of the Inter-American Court of Human Rights (2012), as well as a CALI lesson on Human Rights Research authored by USD Law Library Director Darla Jackson.  Other print and electronic resources on human rights law offered by the Law Library are also included on the display.

The display also features information about the UN's theme for this year's International Human Rights Day which is "Human Rights 365." This year's theme encompasses the idea that every day is Human Rights Day and that that "each one of us, everywhere, at all times is entitled to the full range of human rights." The UN is encouraging the international community to support human rights via social media using the tag #rights365.  More information on the UN's social media campaign is available here. 

Plaintiffs Seek a Bite out of Apple in Class Action Lawsuit

A trial in a class action lawsuit brought against Apple commenced this week in the United States District Court for the Northern District of California.  The class includes consumers who purchased certain iPod models between specified dates in 2006 and 2009.  The class plaintiffs claim that Apple violated antitrust laws by preventing (in the form of required software updates) these models of iPods from playing songs that were not purchased via Apple's iTunes Store.  The plaintiffs allege that Apple diminished the market for other music players and thus raised iPod prices higher than they would have been otherwise.

Apple contends that the software updates were necessary for product improvements and security of the devices.  A detailed summary of the litigation (which began in 2005) is available here from c|Net.

Emails from former Apple president Steve Jobs are included as evidence in the trial and a video deposition of Jobs will be played posthumously in court later this week.  More information about the ongoing trial is available here from Reuters News. 

Interested in more information about Antitrust Law or class action lawsuits?  Professor Thomas Horton has written many articles in the area of Antitrust Law which are available via his USD Law Selected Works author page here.  Consider also some of the following titles available in the Law Library:

Antitrust Law: An Analysis of Antitrust Principles and Their Application / Phillip E. Areeda

Federal Antitrust Policy: The Law of Competition and its Practice / Herbert Hovenkamp

Consumer Class Actions / Stuart T. Rossman, et al.

Class Actions and Other Multi-Party Litigation in a Nutshell / Robert H. Klonoff

Finals Are Here... And So Is Free Coffee!

The Law Library and the Law School administration are pleased to again provide free coffee at the Circulation/Reference Desk during the finals period.  The coffee will be available from 8:00 a.m. to 4:00 p.m. weekdays throughout the finals period (Monday, December 1 through Friday, December 5, and Monday, December 8 through Friday, December 12).

Please stop by for a caffeine boost!  Styrofoam cups (and sugar/sweetener) are provided, but feel free to bring the container of your choice.

Thanksgiving Weekend - Law Library Hours

The McKusick Law Library will be closing to the public at noon on Wednesday, November 26.  Circulation and reference services will be available on Wednesday, November 26 from 8:00 to noon.

The McKusick Law Library will also be closed to the public on Thursday, November 27 and Friday, November 28 for the Thanksgiving holiday, and circulation and reference services will not be available.  We are also normally closed to the public on Saturdays and Sundays, and will be closed on Saturday, November 29 and Sunday, November 30.  We will resume our normal hours to the public on Monday, December 1, from 7:45 a.m. to 5:00 p.m.

Law students will continue to have 24/7 access to the Law Library using their University ID cards throughout the holiday weekend. 

November is Critical Infrastructure Security and Resilience Month - Law Library Display

November is Critical Infrastructure Security and Resilience Month, which recognizes "the vital role critical infrastructure plays in our nation’s way of life" with the goal of "raising awareness of the importance of securing the assets, systems, and networks we count on every day" (from the Department of Homeland Security website here).

This year, President Obama's proclamation of Critical Infrastructure Security and Resilience Month calls on our nation to "safeguard and strengthen the systems we rely on every day and to support first-class infrastructure that can sustain America's role as a leader on the world stage."

In recognition of this event, the Law Library is currently featuring a display which offers resources on the intersection of the law with various infrastructure systems, ranging from our transportation system (highways, bridges, railroads) to telecommunication and internet networks, as well as electricity and energy systems. Especially featured on the display is recent copy of Infrastructure, a quarterly newsletter published by the ABA Section of Public Utility, Communications, and Transportation Law.  Recent issues, including the issue on the display, are available on the Section's website here. 

The "Finals" Countdown: Study Aids and Other Law Library Resources

With the Thanksgiving holiday approaching, the Law School finals period will be here before you know it!  The Law Library encourages you to utilize the many resources that are available to you as you prepare for your final exams.

The Law Library is currently featuring displays on both the lower level and the main level with items from the Study Aids and Academic Success collection.  This collection includes the most recent editions of the titles in the Nutshell series, as well as other titles that discuss study strategies, exam-taking skills, stress management, and more!  Titles in this collection may be checked out by law students for 24 hours.

The displays also feature information about using CALI as a study aid resource.  Don't forget that there are CALI lessons that cover all of the substantive courses, as well as Legal Research.  There are even CALI lessons and podcasts that cover exam-taking, outlining, and other study skills.

If you have any questions about study aid resources available through the Law Library, please ask a member of the Law Library staff!

A Visual View of Exonerations Nationwide

The Pace Criminal Justice Blog at Pace Law School recently posted an interactive map, displaying exonerations state-by-state in the United States, with further breakdown by the type of crime and the race of the wrongfully convicted.

The research for the interactive map was conducted by Pamela Perez, PhD, Professor of Biostatistics at Loma Linda University.  The research, for Safer-America.com, examined the 1,450 exonerations listed on the National Registry of Exonerations as of Oct. 20, 2014.

Interested in more information about wrongful convictions?  Consider one of the following titles available in the McKusick Law Library:

Wrongful Capital Convictions and the Legitimacy of the Death Penalty / Karen S. Miller

The Wrong Men: America’s Epidemic of Wrongful Death Row Convictions / Stanley Cohen

Multiple Page View Feature Now Available in HeinOnline

HeinOnline has recently unveiled a new multiple page view feature which enhances readability of documents in its platform.  To switch to the multiple page view, users can click an icon to the right of the "PDF" icon:

More information about the new feature is available here from HeinOnline's Help and Support Blog. 

For alumni of USD Law School: Don't forget that access to HeinOnline's Law Journal Library is now available for alumni!  More information is available on one of the Prairie Law Blog's previous posts, here. 

ABA Commission on Future of Legal Services is Seeking Comments

The ABA Commission on the Future of Legal Services has recently published an issues paper in conjunction with "a comprehensive examination of issues related to the delivery of, and the public's access to, legal services in the United States."

The issues paper is available here, and identifies several topics that the Commission is seeking comment on, including: Better Service, Problems in Delivering Law and Law-Related Services, Alternative Providers and Regulatory Innovations, Underserved Communities, Policy Changes, Insights from Other Fields, Data, Legal Education and Training, and Diversity and Inclusion.

The submission deadline for comments is December 10, 2014 and submission instructions are included in the paper.

Hat tip to the Legal Informatics Blog for their post on this topic, which also links to blog posts from a Commission member and the Commission vice-chair about the issues paper. 

November is National Native American Heritage Month

Each year, November is celebrated as National Native American Heritage Month, a time that "our Nation pauses to reflect on the profound ways the First Americans have shaped our country's character and culture" (from the Presidential Proclamation of National Native American Heritage Month 2014). 

In recognition of National Native American Heritage Month, the Law Library is currently featuring a display that offers resources from the Law Library's Native American and Indigenous Peoples Collection.  This collection is now located on the Main Floor of the Law Library, and brings together resources that were previously divided between the Reserve Room and the LC Classified collection on the lower level.

This unique collection offers resources in Federal Indian Law, tribal law, and state-tribal relations.  The collection also offers many print resources that discuss Native American heritage, culture, thought, and political issues, and many of these resources are especially featured in the display. 

To learn more about Native American Heritage Month, visit the Library of Congress' website here.  The Library of Congress page includes a special exhibit featuring audio interviews of Native American veterans who served in conflicts from World War II to the Iraq conflict, available via the Veterans History Project.  More information about the history of Native American Heritage Month is available here from the Bureau of Indian Affairs. 

November is National Adoption Month - Law Library Display

November is National Adoption Month, a nationwide observance intended to help build awareness of adoption throughout the nation. Across the country, programs, events, and activities are planned to "share positive adoption stories, challenge myths, and draw attention to the thousands of children in foster care who are waiting for permanent families" (From the U.S. Department of Health and Human Services National Adoption Month 2014 webpage).

This year, the President's Proclamation of National Adoption Month calls on Americans to "recognize the thousands of parents and kids who have expanded their families to welcome a new child or sibling, as well as the professionals who offer guidance, resources, and counseling every day."  Among these professionals are the many lawyers, judges, and other legal professionals whose expertise and services are integral to the adoption process.

In keeping with the President's Proclamation, the Law Library is currently featuring a display which features many of the Law Library's resources on the law of adoption, including information specific to South Dakota as well as selected resources discussing the Indian Child Welfare Act.  Among the titles included on the display are:

Making it Permanent: Reasonable Efforts to Finalize Permanency Plans for Foster Children / by Cecilia Fiermonte and Jennifer L. Renne; edited by Claire Sandt

Adoption Laws in a Nutshell /Sanford N. Katz and Daniel R. Katz
Handling Child Custody, Abuse and Adoption Cases / Ann M. Haralambie

Achieving Permanency For Adolescents in Foster Care: A Guide For Legal Professionals / Sharon G. Elstein, et al.

Facing the Future: The Indian Child Welfare Act at 30 / edited by Matthew L.M. Fletcher, Wenona T. Singel, and Kathryn E. Fort

Adoption Law and Practice / by Joan H. Hollinger, et al.

Children, Tribes, and States: Adoption and Custody Conflicts Over American Indian Children / Barbara Ann Atwood

Veterans Day - Law Library Hours and Info on Display

Tuesday, November 11 is Veterans Day, an official state holiday in South Dakota (see SDCL Section 1-5-1).  The McKusick Law Library will be closed to the public on November 11.  We will resume our normal public hours on Wednesday, November 12.  Law students can continue to access the Law Library 24/7 using their University ID cards.

In honor of Veterans Day, the Law Library is currently featuring a display highlighting resources that concern veterans, military service, and the law. Included on the display is an article by Law Library Director Darla Jackson titled At Ease: A Primer for Legal Research Related to Military Law Issues.  The article is available via Professor Jackson's Selected Works author page here.  Other titles featured on the display include:

Veterans Appeals Guidebook: Representing Veterans in the U.S. Court of Appeals for Veterans Claims / Ron Smith, editor

Veterans Benefits Manual / Barton F. Stichman, Ronald B. Abrams, editors

Medicine Bags and Dog Tags: American Indian Veterans From Colonial Times to the Second Iraq War / Al Carroll

Military Service and the Law / Joseph Butler and Brian Clauss, editors; foreword by L. Tammy Duckworth

Military Law Sourcebook / American Bar Association 

Some "Abstract" Thinking: New Study Shows that Abstracts and Tables of Contents Increase Citations

Should Your Law Review Article Have an Abstract and Table of Contents?
by Lee Petherbridge & Christopher A. Cotropia

The empirical study by Petherbridge and Cotropia found that law review articles that include "just an abstract are cited on average roughly 50% more, and articles that include just a table of contents roughly 30% more.  Including both document elements corresponds to the largest increase in citation, over 70%."

Hat tip to the WisBlawg of the University of Wisconsin Law Library for their recent post, linking to the article on SSRN.

New Student-Prepared LibGuide on Privacy and Technology Law in the Workplace

The Prairie Law Blog recently posted about our display for National Cybersecurity Awareness Month.  We are pleased to offer a new addition to the display, which is a new LibGuide on Privacy and Technology Law in the Workplace.  The LibGuide, available here, was prepared by Sara Schroeder, who is currently a third-year law student at the University of South Dakota School of Law.  Sara completed the LibGuide as her final project for the Advanced Legal Research (ALR) course taught last spring by Professor Darla Jackson, Director of the Law Library.

Sara, along with teammates Becky Fey (3L), and Austin Hoffman (2L) recently won the award for the best respondent's brief and advanced to the semifinal round of the 2014 John Marshall Law School International Competition in Information Technology and Privacy Law, held October 23-25 in Chicago, Illinois.

Perhaps Sara's previous research experience with related topics in the ALR course provided some support for the team's preparation of the winning brief.

Happy Halloween! More Trick or Treatise Fun in the Law Library!

The Law School is celebrating Halloween a day early and the Law Library is no exception!  We are currently offering "Trick or Treatising" for candy surprises in the Law Library.  If you locate one of the following books in the Law Library's collection using our online catalog, there will be a candy treat hidden behind the book! 

1.  Moore's Federal Practice, 3rd edition, Volume 2

2.  Williston on Contracts, 4th edition, Volume 4

3.  Law of Wetlands Regulation

Happy hunting!  We will continue this event through the day on Friday, October 31 as well!

Trick or Treatise! Halloween Is On Its Way...

Halloween is a week away, and while many are busy planning their costumes, the Law Library invites you to take a moment to visit our display on the lower level, which has been "dressed up" with a Halloween theme!

The display offers search tips and "Tricks" using Google, as well as traditional legal research platforms, including WestlawNext, Lexis Advance, and Bloomberg Law.  Especially highlighted are ways to utilize BOO-Lean operators (we couldn't resist) as well as wildcard and truncation symbols.  The tips and tricks for Google can also be found at their support site here.  Boolean and search operators for the legal research databases (as well as almost any other library database) can usually be located under the Help features.

Also featured on the display are several of the Law Library's print "Treatises" along with information on locating treatises in the legal research databases as well as in the Law Library's collection.  Especially highlighted is the Law Library's LibGuide on Legal Treatises and Other Legal Reference Materials by Topic.

FEATURE POST: Law Professor Tom Simmons Reviews New Title, Modern Chinese Real Estate Law: Property Development in an Evolving Legal System

Professor Tom Simmons is contributing to the collection development effort of the USD Law Library. Under a recently adopted program, professors make recommendations for titles to be added to the Law Library collection. Consistent with the Collection Development Policy of the Law Library, titles recommended for acquisition by the faculty are given priority consideration. If the recommended title is acquired, the faculty member provides a brief review of the title for publication on the Law Library Blog.

Below Professor Simmons provides the third review for a title acquired under the new program. Thank you Professor Simmons!

Gregory M. Stein, Modern Chinese Real Estate Law: Property Development in an Evolving Legal System (Surrey, England: Ashgate Publishing Ltd. 2012)

Professor Gregory M. Stein, the author of Modern Chinese Real Estate Law: Property Development in an Evolving Legal System (Surrey, England: Ashgate Publishing Ltd. 2012), is an Associate Dean at the Tennessee College of Law where he teaches courses in advanced property, commercial real estate and land use law. In 2003, he was a visiting Fulbright Professor of Law at Shanghai Jiaotong University. He returned four more times. Those experiences led to this book.

Unlike the existing books on Chinese property law, Professor Stein’s text is lively, cogent, and up-to-date. He attempts to offer a “detailed account of how the Chinese real estate market actually operates in practice.” (6) The actual printed law of property in China is skeletal. Professor Stein describes how the system manages with so few written laws and sets out to explain “how the actors in the world’s most explosive real estate market actually function.” (11)

In Modern Chinese Real Estate Law, the author succeeds in imparting a sense of wonder at the explosion of commercial transactions on so flimsy a legal framework which seems to run counter to the accepted Western thinking that sees an established rule of law as a necessary precondition to economic vitality. At the same time, Professor Stein introduces the basic components of Chinese real estate law, from land use rights, real estate development entities, development issues and banking/financing.

Unfortunately, Professor Stein spends little time on takings, residential leaseholds or title registration, yet his book is an important one and deserving of a wide readership given the importance and unique history that China represents.

October 19-25 is National Pro Bono Week

Each year, the ABA Standing Committee on Pro Bono and Public Service sponsors the celebration of National Pro Bono Week. The celebration is "a coordinated national effort to meet the ever-growing needs of this country's most vulnerable citizens by encouraging and supporting local efforts to expand the delivery of pro bono legal services, and by showcasing the great difference that pro bono lawyers make to the nation, its system of justice, its communities and, most of all, to the clients they serve."

In support of the celebration the Law Library has prepared a display of select materials on the topic of pro bono services available via the Law Library. Included in the display are:

Thorns and roses: lawyers tell their pro bono stories / Deborah A. Schmedemann;

Building your practice with pro bono for lawyers / Nelson P. Miller; and

A copy of Rule 6.1 of the State Bar of South Dakota Rules of Professional Conduct regarding voluntary pro bono services. Rule 6.1 provides:

Voluntary Pro Bono Publico Service.

A lawyer should render public interest legal service.
A lawyer may discharge this responsibility by:
(a) providing professional services at no fee or a reduced fee to persons of limited means or to public service or charitable groups or organizations; or
(b) by service without compensation in public interest activities that improve the law, the legal system or the legal profession; or
(c) by financial support for organizations that provide legal services to persons of limited means.

A Reminder About Security

Law students may want to be aware that earlier this month, another U.S. Law School experienced a large-scale theft of textbooks from student carrels.  This occurred at a law school located in a small city, similar in size to Vermillion.

Students should be aware that any time personal belongings are left unattended, there is some risk of theft.  Please be aware of this risk when leaving personal items unattended in carrels.

October is National Cybersecurity Awareness Month

October is National Cybersecurity Awareness Month.  In light of the recent hacking incidents at J.P. Morgan Chase, Dairy Queen, and Home Depot, you may not need a reminder that cybersecurity is a growing concern.  However, awareness of the steps you should reasonably take to protect your own data as well as the confidential information of clients is already an expectation outlined by the ABA Model Rules of Professional Conduct.


To encourage you to develop your cybersecurity awareness, the Law Library has prepared a display of law library resources on the topic, including the Presidential Proclamation concerning National Cybersecurity Awareness Month and an Oklahoma Bar Journal article authored by Law Library Director Darla Jackson discussing technology and confidentiality awareness.  Several print books are also featured in the display:

The ABA Cybersecurity Handbook: A Resource for Attorneys, Law firms, and Business professionals / Jill D. Rhodes and Vincent I. Polley.

Legal Guide to Cybersecurity Research / Jody R. Westby.

National Cybersecurity Awareness Month is designed to engage and educate public and private sector partners through events and initiatives with the goal of raising awareness about cybersecurity and increasing the resiliency of the nation in the event of a cyber incident. October 2014 marks the 11th Annual National Cybersecurity Awareness Month sponsored by the Department of Homeland Security in cooperation with the National Cyber Security Alliance and the Multi-State Information Sharing and Analysis Center. 

We encourage you to review the materials on display and to visit the websites of the sponsors of National Cybersecurity Awareness Month to learn more.

Thanks to All Who Participated in Our September Library Card Sign-Up Month Contest!

The Law Library would like to thank all the students who stopped by the Law Library during the month of September to link their Coyote Cards with their borrowing accounts.  All students who did so were eligible to enter a contest for a jar of Starburst candies.  The winner of the contest was Chad Dotson.  Congratulations Chad!

If you didn't have a chance to stop by during September, it's not too late to come by the Circulation/Reference Desk and have us link your card.  Don't forget that we can also always check out items to you even if you don't have your card with you.  Just provide the desk staff with your name and some other form of identification.

October is Co-op Month - Law Library Display

October is National Co-op Month and the Law Library is now featuring a display which highlights many of the Law Library's resources regarding cooperative associations.  Featured in the display is a recent print issue of the USDA's Rural Cooperatives magazine from the Law Library's Periodicals collection (the publication is also available electronically from the USDA here). 

The display also offers information about the Uniform Limited Cooperative Associations Act (ULCAA) as well as scholarly articles authored by Law School Dean Thomas Geu about the ULCAA.  Dean Geu's articles can be accessed via the Law School's Selected Works site here.

Several print titles from the Law Library's collection are also featured in the display, including:

Agricultural Co-operation / Malcolm Sargent

The Rise of American Cooperative Enterprise:1620-1920 / Joseph G. Knapp

The Law of Cooperatives / Charles T. Autry and Roland F. Hall

The Farmer’s Benevolent Trust: Law and Agricultural Cooperation in Industrial America, 1865-1945 / Victoria Saker Woeste 

October is Domestic Violence Awareness Month - Display and LibGuide

October is Domestic Violence Awareness Month, which was first recognized by Congress in 1989 to encourage awareness of the tragedy of domestic violence, to encourage the support of those who are working to end domestic violence, and to promote other efforts toward this important cause.  Legislation designating the commemorative month has passed each year since.

This year, the President's Proclamation of Domestic Violence Awareness Month (DVAM) calls on "all Americans to speak out against domestic violence and support local efforts to assist victims of these crimes in finding the help and healing they need."  It also highlights the 20th anniversary of the Violence Against Women Act (VAWA) and the recent reauthorization of VAWA which "expanded housing assistance; added critical protections for lesbian, gay, bisexual, and transgender Americans; and empowered tribal governments to protect Native American women from domestic violence in Indian Country." 

In recognition of DVAM, the Law Library has coordinated with the USD School of Law Domestic Violence, Sexual Violence, and Stalking Project (DVSVSP) to create a display offering both Law Library resources on Domestic Violence Law as well as community resources available to victims of domestic violence.  Information on Domestic Violence Safe Options Services (a Vermillion-based member program of the South Dakota Coalition Ending Domestic and Sexual Violence) is available, as well as one of the silhouettes and materials from the Coalition's Silent Witness program.  The silhouettes represent South Dakota women and children who were killed by acts of domestic violence.

Throughout the month of October, DVSVSP is welcoming donations on behalf of Domestic Violence Safe Options Services.  Donations can be placed in the bin under the display table in the Law Library.  Suggested donations include any paper products, such as paper towels, toilet paper, and tissues, as well as household cleaning products.  Domestic Violence Safe Options Services can be contacted at (605)624-5311.

The Law Library has also created a LibGuide that offers information and resources to those researching in the area of Domestic Violence Law.

Reminder About Noise Levels in the Law Library

October is here and the fall semester is roaring right along.  However, the Law Library would like to again gently remind our students that "roaring" noise levels are not appropriate for the Law Library.

As we mentioned in our previous post at the beginning of the semester:

1.   Noise on the main floor should be kept at a conversational level.  Out of courtesy to other library users, cell phone calls should be moved outside the double doors of the Law Library and into the lobby area.

2.  Communications on the lower level should also be kept at a conversational level.

3.  The upper level of the library generally receives less traffic and provides a place for quiet study.  Please keep communications on the upper level to a minimum.

If you desire a quieter place to study in the Law Library, study rooms on both the lower level and upper level are available on a first come, first serve basis or may be reserved in the Dean's Suite.

The Law Library staff and your fellow students thank you for your cooperation!

Monday, October 13 is Native Americans' Day - Library Hours and Display

Monday, October 13 is Native Americans' Day, a legal holiday in the State of South Dakota.  In South Dakota, Native Americans' Day is "dedicated to the remembrance of the great Native American leaders who contributed so much to the history of our state" (SDCL 1-5-1.2). 

The McKusick Law Library will be closed to the public on Monday, October 13, and circulation and reference services will not be available.  We will resume our normal public hours of 7:45 a.m. to 5:00 p.m. on Tuesday, October 14.  Law students can continue to access the Law Library 24/7 throughout the weekend and on Monday, October 13 using their University ID cards. 

In honor of Native Americans' Day the Law Library is currently featuring a display with resources from the Law Library's Native American Law collection.  The Law Library also offers a LibGuide with information on additional resources for researching Native American Law. 

Susskind Talk Focuses on Multidisciplinary Approach to Future of Legal Profession

The ABA Journal recently reported on a presentation given by Richard Susskind at the Clio Cloud Conference 2014 held last Monday in Chicago.  Susskind, who is the author of The End of Lawyers? and other books regarding the legal profession, encouraged lawyers to view the profession's challenges as more than simply legal ones, and to enlist the collaboration of professionals in other disciplines, especially information technology.  In his keynote address at the conference Susskind suggested, "there is game-changing technology that could be adopted tomorrow" at the small firm level to ensure small firms' future success. 

For those interested in reading books written by Richard Susskind, the following titles are available in the Law Library's collection:

Tomorrow’s Lawyers: An Introduction to Your Future / Richard Susskind

The End of Lawyers?: Rethinking the Nature of Legal Services / Richard Susskind

Transforming the Law: Essays on Technology, Justice, and the Legal Marketplace / Richard Susskind

The Future of Law: Facing the Challenges of Information Technology/ Richard Susskind

Expert Systems in Law / Richard E. Susskind

Update on Access to PACER Records

The Prairie Law Blog previously posted about compatibility issues with a PACER platform upgrade that led to the unavailability of certain court records from a number of jurisdictions. The removal of the records led to strong reaction from the legal community and ultimately concern from members of Congress.

In response to bipartisan letters from both members of the House and the Senate, as well as a letter from Senate Judiciary Committee Chairman Patrick Leahy, the Administrative Office of the Courts (AO) has announced that they will be taking efforts to restore the removed court documents.  According to an article available here from the Washington Post's The Switch blog, the AO hopes to restore access to the documents removed from the four appellate courts (2nd Circuit, 7th Circuit, 11th Circuit, and Federal Circuit) by the end of October.

As mentioned in our previous post, the Law Library does not maintain an account to PACER, but access to federal court dockets and documents is also available via Bloomberg Law, WestlawNext, and Lexis Advance.  If you have any questions on how to access a particular case or case documents, please do not hesitate to ask one of the law librarians.

Banned Books Week is September 21-27 - Library Display and Resources

Banned Books Week is an annual event held during the last week of September which highlights the value of free and open access to information.  Sponsored by the American Library Association (ALA), Banned Books Week "brings together the entire book community . . . in shared support of the freedom to seek and to express ideas, even those some consider unorthodox or unpopular" (from the ALA's website). This year, Banned Books Week is September 21 to 27, 2014.

Banned Books Week draws national attention to the harms of censorship by focusing on efforts across the country to remove or restrict access to books in libraries and school.  The event celebrates the efforts of those who stand up for the freedom to read, and the fact that due to these efforts, most targeted materials continue to be available. 

The Law Library is currently featuring a display to celebrate Banned Books Week.  The display offers several titles in the Law Library's collection regarding censorship, book banning, and intellectual freedom.  It also features a list of 46 classic titles (considered among the Top 100 novels of the 20th Century), which have been either banned or challenged.  The list is available here.  How many of these books have you read? 

In Case You Missed It: Title 52 of the United States Code Now Available

The Office of the Law Revision Counsel has announced that a new Title of the United States Code is now available.  Title 52, Voting and Elections, took effect September 1 for the electronic version of the U.S.C., which is available here.  The new title relocated voting and election-related laws from Titles 2 and 42 and is characterized as an "editorial reclassification."  For the printed version of the Code, the transfers will occur effective with Supplement II of the 2012 edition.

For more information, see here for the official announcement from the Office of the Law Revision Counsel.  Potential new future titles, which are candidates for positive law codification, include:

Title 53, Small Business
Title 54, National Park System
Title 55, Environment

See here for more information.  If you have any questions about the United States Code (either in its official format or other formats), please do not hesitate to ask a Law Librarian!

Hispanic Heritage Month is Sept. 15 to Oct. 15 - Library Resources and Display

Monday, September 15 marked the beginning of Hispanic Heritage Month, which "celebrates and recognizes the contributions Hispanic Americans have made to American society and culture and to honor five of our Central American neighbors who celebrate their independence in September" (from the Law Library of Congress website). 

In recognition of Hispanic Heritage Month, the Law Library is currently featuring a display which highlights relevant resources in the Law Library's collection.  The display provides information about several law journals which feature articles on topics related to Hispanic Americans and the legal system, including the Texas Hispanic Journal of Law and Policy, the Harvard Latino Law Review, the Chicano-Latino Law Review, and the Berkeley La Raza Law Journal.  These journals can be accessed through HeinOnline, available from the Law Library's Research Databases and Resources page. 

The display also offers information about Supreme Court Justice Sonia Sotomayor, who was the first Hispanic American to be appointed to the United States Supreme Court.  More information about Justice Sotomayor and her legal career is available here from the Law Library of Congress.  Information is also included from the website of the Hispanic National Bar Association, the national voice of the Hispanic legal community.

Professor Pommersheim Goes Digital: New LibGuide Titled "Tribal Justice: 25 Years as a Tribal Appellate Justice"

With the assistance of the McKusick Law Library staff, USD Law Professor Frank Pommersheim has just electronically published a guide entitled Tribal Justice: 25 Years as a Tribal Appellate Justice.  The guide is published via the LibGuide System and is available directly here, as well as through the Law Library's LibGuide Directory at http://libguides.law.usd.edu. 

The LibGuide offers PDFs of 125 appellate decisions authored by Justice Pommersheim, which are indexed by subject matter and by name of the Tribal Appellate Court.  The LibGuide also features a link to Professor Pommersheim's Selected Works site (also available here), which offers access to his scholarship, selected poetry, and assorted prose.

The LibGuide further includes an embedded YouTube video featuring Professor Pommersheim entitled "Buddha Poetry Reading." 

The LibGuide is to be complemented by a book of the same title to be published in the year 2015.

The guide has already been featured here on Turtle Talk, the blog of the Indigenous Law and Policy Center of the Michigan State University College of Law. 

Lexis Advance Releases New Interface

If you signed in to Lexis Advance today, you may have noticed a new look and feel of the platform.  The new interface, released September 8, offers a streamlined look and enhancements to many of the existing features.

For assistance in how to perform frequently-used tasks via the new interface, check out this Before and After Guide, published by Lexis.  A video tour of the new interface is also available here.

For additional assistance in navigating the new interface, Lexis student representatives and the Lexis vendor representative are available.  Additionally, the Law Library staff can assist you in navigating the new interface -- or provide assistance with any of the legal research platforms or databases.  Please feel free to ask a member of the Law Library staff.  

Law Library Construction is Now Complete

The Law Library is pleased to announce that construction on the new study tables and the Technology Learning Center is now complete, and all the associated equipment is now connected and fully functional.

The new study tables have been installed on the main floor and upper level and have adjustable LED lighting as well as ports for power and network connectivity.  Seating at the study tables is available for all library users and is available on a first-come, first-serve basis.





 
The Technology Learning Center is equipped with two tables, each home to a large-screen monitor, as well as six secured laptops per table.  Students may use the laptops for individual use, or display the laptop screens one-at-a-time on the monitor, making them ideal for group study or collaboration.  Students can also bring their own devices and connect them for display on the monitors. Currently, the Technology Learning Center tables are available on a first-come, first-serve basis, but a reservation policy is under development.

If you have any questions about any of the new technology, please contact a member of the Law Library staff.  We can demonstrate how to connect devices, how to display your screen to the monitor, how to play audio files, and more!

September is Library Card Sign-Up Month - Law Students, Enter Our Contest When You Get Your Coyote Card Linked to the Law Library's System This Month

September is National Library Card Sign-Up Month!  The McKusick Law Library invites all new first-year students to stop by the Circulation/Reference Desk this month and get your Coyote Card linked to your borrowing account, if you haven't done so already.  2Ls and 3Ls who may not have their card linked yet are encouraged to stop by as well!

It only takes a second for us to enter the barcode from your Coyote Card into our system, and it makes checking out items much easier for you during your Law School years.  All you need to do is hand us your Coyote Card to check out an item.

All students who get their Coyote Card linked during the month of September will be entered in a drawing for a jar of Starburst candies.  The drawing will occur on October 1 and the winner will be notified by email and announced in the Prairie Law Blog.  If your card is already linked, you can enter the drawing by stopping by the Circulation/Reference Desk and asking us any question relating to checking out library materials.

Eighth Circuit Court of Appeals Special Session at USD School of Law - Availability of Briefs

The United States Court of Appeals for the Eighth Circuit will hold a special session at the Law School on Tuesday, September 23.  The court will hear three cases beginning at 9:30 a.m. before Judges Riley, Loken and Kelly.  Information about these cases can be found on the Court's calendar, available here.

One printed copy of each of the briefs associated with these cases is available in the Law Library's Reserve Room.  The briefs may be read within the Reserve Room, which is open from 7:45 a.m. to 6:00 p.m., Monday through Friday.  They may also be briefly taken out of the Reserve Room to be copied.

The Law Library staff would like to make our students and faculty aware that the briefs are also available electronically.  If you search for the cases and briefs from the Eighth Circuit's website, the website will direct you to the PACER system.  The Law Library does not have a subscription to PACER, and thus, you will not be able to access the briefs this way.  However, the dockets for the cases are available via Bloomberg Law and WestlawNext.  Accessing the dockets through these sources will provide access to individual documents filed within each case, including the parties' briefs.  The Law Library staff is available to provide assistance on accessing the materials electronically.  Please do not hesitate to ask us if you have any questions.

Changes to the PACER System and Information Available on PACER

The PACER System (the Public Access to Court Electronic Records System) is a service provided by the Federal Judiciary which allows subscribed users to obtain case and docket information online from federal appellate, district, and bankruptcy courts.  The Law Library does not maintain a PACER subscription, but many of our users may be familiar with this resource.

Earlier this summer, PACER announced new features that are part of the implementation of PACER's NextGen Case Management system.  However, implementation of the NextGen system has led to some compatibility issues with older closed case files from several jurisdictions, including the 2nd Circuit, 7th Circuit, 11th Circuit, Federal Circuit, and the Bankruptcy Court for the Central District of California.  All open cases from these jurisdictions will continue to be available, but closed cases which were filed prior to certain points in time will not be available.  Specific information for each of the listed jurisdictions is available here. 

The announcement has brought strong reaction from the legal community.  Media coverage of the issue is available here from the Washington Post "The Switch" blog and here from Ars Technica.

So what's a docket researcher to do?  Some of the docket information and individual documents may still be available from commercial sources, such as Bloomberg Law, as well as Westlaw and Lexis.  If you have any questions on how to access a particular case, please do not hesitate to ask one of the law librarians.  The Prairie Law Blog will also continue to post additional information on this issue as it becomes available.

Labor Day - Law Library Hours

Monday, September 1 is Labor Day, a state and federal holiday.  The McKusick Law Library will be closed to the public on Labor Day.  We will resume our normal hours to the public of 7:45 a.m. to 5:00 p.m. (weekdays) on Tuesday, September 2. 

Law students will continue to have access to the Law Library throughout the holiday weekend using their University ID cards.   

Don't Miss Our August Displays Before It's Too Late!

The Law Library is currently featuring two displays on the main floor, an Animal Law display, offered in conjunction with National Dog Day (August 26) and a display on women in the legal profession, corresponding with Women's Equality Day (also August 26).  These displays will only be up through the end of the week, so if you haven't had a chance to take a look yet, please stop by!

The display on Animal Law features several journals available via HeinOnline, including the Stanford Journal of Animal Law and Policy, Animal Law, and the Journal of Animal and Natural Resources Law, as well as the following titles:

Unleashing Rights: Law, Meaning, and the Animal Rights Movement / Helena Silverstein

Animals, Politics and Morality / Robert Garner

Animal Law / David S. Favre and Murray Loring

Animal Rights Law / Margaret C. Jasper

Animals, Property, and the Law / Gary L. Francione

Animals Confined For Human Benefit: A Legal Research Guide / Stefanie S. Pearlman and Melissa M. Serfass

Beyond Prejudice: The Moral Significance of Human and Nonhuman Animals / Evelyn B. Pluhar

People, Property, or Pets? / edited by Marc D. Hauser, Fiery Cushman, and Matthew Kamen

The display on women in the legal profession includes the following titles from the Law Library's collection:

Empowerment and Leadership: Tried and True Methods for Women Lawyers / American Bar Association, Commission on Women in the Profession

Ending the Gauntlet: Removing Barriers to Women’s Success in the Law / Lauren Stiller Rikleen

Calling for Change: Women, Law and the Legal Profession / Elizabeth Sheehy and Sheila McIntyre

Elusive Equality: The Experiences of Women in Legal Education / American Bar Association, Commission on Women in the Profession

Dear Sisters, Dear Daughters: Strategies for Success From Multicultural Women Attorneys / C. Elisia Frazier, Ernestine Forrest, editors

Outsiders Within: Black Women in the Legal Academy after Brown v. Board / Elwood Watson

Women Lawyers: Rewriting the Rules / Mona Harrington

Gender and Justice: Why Women in the Judiciary Really Matter / Sally J. Kenney

It’s Harder in Heels: Essays by Women Lawyers Achieving Work-life Balance / Jacquelyn Hersch Slotkin and Samantha Slotkin Goodman, editors and contributors

Women-at-law: Lessons Learned Along the Pathways to Success / Phyllis Horn Epstein

Visible Invisibility: Women of Color in Law Firms / Janet E. Gans Epner, for the American Bar Association, Commission on Women in the Profession