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

New Article Explores Tribal Environmental Law

Elizabeth Ann Kronk Warner, of the University of Kansas, has recently published the article Examining Tribal Environmental Law in the Columbia Journal of Environmental Law.  The article is available for download here from SSRN.  Importantly, the article "describes and classifies the laws of 74 federally recognized tribes, highlighting environmental laws the tribes have enacted."  As such, Warner's article serves as an important resource for researchers in this area.  The citation is 39 Colum. J. Envtl. L. 42 (2014).

Looking to access environmental or other laws of recognized tribes?  The Prairie Law Blog previously posted about the new Library of Congress Indigenous Law Portal, available here, which organizes materials by state and tribe.

For more information on environmental law issues affecting Native Americans and tribal nations, consider the following titles available in the McKusick Law Library:

Native American Natural Resources Law: Cases and Materials / Judith V. Royster and Michael C. Blum

Closing the Circle: Environmental Justice in Indian Country / James M. Grijalva

Model Tribal Environmental Code / Native American Rights Fund

Law School Alarm System

Several of the doors within the law school are connected to the law school's alarm system, including the doors that provide entrance to the law library on the upper level (near the Dean's Suite) and the lower level (at the bottom of the stairwell by the courtroom entrance).  These doors are closed and the alarm system set at the same time the outer doors to the building are secured (at 5:00 p.m. or shortly thereafter).  If you attempt to open one of these doors after they have been closed, the alarm will trigger.  Accordingly, after 5:00 p.m., law students are advised to enter the library through the double doors on the main level and use the staircases at the rear of the library to access the upper and lower levels.  Because the law library staff is available at the circulation/reference desk until 6:00 p.m., the double doors may be left open between 5:00 p.m. and 6:00 p.m. as a courtesy to our students.  However, all students attempting to access the law school building or law library after 5:00 p.m. should have their University ID card available.    

Also, all students should be aware that the controls for the alarm system are secured and the controls are not accessible by the Law Library staff.  Accordingly, even if library personnel are at the desk, if an alarm is triggered between 5:00 p.m. and 7:30 a.m., the alarm will not be turned off until University Police personnel are contacted and arrive at the Law School.  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.

A Reminder About Noise Levels in the Law Library

As the fall semester gets underway, the Law Library would like to provide a brief reminder to law students about appropriate noise levels in the library:

The main floor of the Law Library receives the greatest amount of traffic, as it houses many of the library's most frequently used reference materials, the new Technology Learning Center, as well as the public access terminals and copier.  However, 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.  Communications on the lower level and should also be kept at a conversational level.  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.  Also, as indicated, the upper level of the library generally receives less traffic, and four new study tables have been installed on this level with lighting, access to power, and network connections.

ABA Votes to Expand Membership Eligibility to Tribal Court Practitioners

On August 11, the American Bar Association (ABA) House of Delegates unanimously voted to amend the ABA Constitution to allow tribal court practitioners to become full members of the ABA.  In the past, only persons licensed in a state, federal or territorial jurisdiction within the United States could join the ABA as a full member.  The ABA's policy did not extend to persons solely licensed through a tribal court of a federally recognized tribe.

The National Native American Bar Association (NNABA) issued a press release commending the decision of the ABA, stating that the decision will "put tribal court bar admissions on equal footing with the bars of states, territories and possessions of the United States."

Coverage is also available here from Turtle Talk, the blog of the Indigenous Law and Policy Center at Michigan State University College of Law.  Turtle Talk also provides a link to the ABA Section Report in support of the amendment, available here. 

Law Student Printing Balance

Law students should take note that the pre-loaded printing balance should now be available on their accounts. 

If you have additional questions about copying or printing in the Law School, please visit the Law Library's LibGuide on this topic, available here. 

Update - QR: Quick Response: Locating Electronic Resources When the Print Is No Longer Being Updated

In February, the Prairie Law Blog posted about the Law Library's initial efforts to label materials that are no longer being updated in print. The goal is to clearly notify all of our patrons as to whether a particular print resource is being kept current.   Items that are no longer being updated in print are being labeled with a yellow sticker stating: "No Longer Being Updated by Library."

In addition, in an effort to connect our students and faculty to the current and updated electronic version of these resources, the Law Library is also placing labels on the inside cover of these items which contain a QR code that links directly to the electronic equivalent of the resource (if available), using a smart phone or tablet.  Currently, the Law Library is providing links to resources that are available via WestlawNext, Bloomberg Law, and Lexis Advance.  Following the link embedded in the QR code, once the user has entered her user name and password, she will be directed to the electronic resource.

With the help of our student workers last spring and this summer, the Law Library has labeled the materials on the lower level of the library.  We hope to complete labeling and/or signage on the main floor in the near future.  In the interim, some print resources that are not being kept current may not have yet been labeled.  If you have any questions as to whether a resource is being updated in print by the Law Library or whether an electronic version of a resource is available, please do not hesitate to ask a member of the Law Library staff.  Also, if you have any questions about using QR codes, the Law Library staff is available to provide assistance.

Welcome to the Class of 2017!

The McKusick Law Library staff would like to welcome all the incoming first year students to the University of South Dakota School of Law!

We hope that you found the law library orientation and tours helpful.  If you are reading this post, you have navigated successfully to the Law Library's website.  While here, we invite you to take a quick look at the Library's LibGuides, Research Databases, and online catalog, while orientation is still fresh in your mind.  If you have any questions over anything covered at orientation, please don't hesitate to ask!

Also, if you are looking for study aids and other academic success materials, don't forget about the display on the lower level which was pointed out on the tour.  More materials are located on the main level in the Reserve Room and the Study Aids and Academic Success collection.  For even more information, take a look at the Law Library's Academic Success LibGuide, available here. 

Hackcess to Justice: Hackathon Challenges Participants to Create Apps to Fill Legal Needs

Last Thursday and Friday, lawyers and software developers from around the country participated in "Hackcess to Justice," a 2-day programming session (aka "hackathon") held at Suffolk University School of Law in conjunction with the ABA Annual Meeting.

According to an article from the ABA Journal, the hackathon's main purpose was "to use technology to create tools that would expand access to justice for individuals who might not otherwise know whether they needed help and how they could obtain legal representation."  Specifically, the participants were to create apps to solve problems identified by the Legal Services Corporation, including self-assessment, document automation, and expert services. Prizes were awarded to the designers of the the most successful apps.

Prize-winning apps created at the hackathon include:

PaperHealth, a "form automation app [which] creates living wills and health care proxies for individuals and emails them to designated hospitals and health care providers."

Disastr, an app that "provides information, resources, real-time news and alerts and legal representation forms for people affected by natural disasters."

Due Processor, "an interactive tool that allows users to determine their eligibility for indigent legal service in Massachusetts, and for criminal defendants to calculate their state prison sentences."

For more information about "Hackcess to Justice," visit their official website here. 

Law Library Hours for the Fall Semester

Effective today, August 11, the Law Library will be returning to its schedule for the academic year.  The Law Library will be open to the public from 7:45 a.m. to 5:00 p.m., Monday through Friday, during which time circulation and reference services are available.  Circulation and reference services are available to law students until 6:00 p.m., Monday through Friday.  Law students will continue to have 24/7 access to the Law Library using their ID cards. 

Beyond Boundaries: Highlights from the AALL Annual Meeting

Law Library Director Darla Jackson recently attended the 107th Annual Meeting of the American Association of Law Libraries (AALL) in San Antonio.  The theme for this year's conference, held July 12-15, was "Beyond Boundaries."

Below are some photos of highlights from the Annual Meeting:

Director Darla Jackson attended the Deans and Directors meeting.










The Keynote Speaker was Andrew Keen, who is "the host of 'Keen On', the popular Techcrunch chat show, a columnist for CNN, and a regular commentator for many other newspapers, radio and television networks around the world" (from the Annual Meeting program).  He is a frequent speaker on the "impact of digital technologies on 21st century business, education and society" and focused his talk on the impact of these technologies on the legal information profession.

Director Jackson presented a poster at the poster session titled "Beyond Traditional State Court Brief Resource Boundaries: Creating a Repository of State Court Briefs."

Representatives from HeinOnline offered a presentation of their products and services.

Casebooks and Study Aids: What You Need to Buy, What You Can Borrow

Are you an incoming first-year law student or a returning 2L or 3L and starting to think about purchasing your casebooks and supplies for the new year?

Law students will often ask the law librarians if the library has an available copy of the required casebooks for law school courses.  According to the Law Library's collection development policy, the library does not purchase law school casebooks.  In some cases, the library may have older editions of casebooks available that have been donated to the library or otherwise acquired, but these older editions should not be relied upon for course reading.  If a professor has indicated that a casebook is required for a course, it is highly recommended that you purchase the text!

While the Law Library does not collect casebooks, there are a variety of library materials that are available to students to supplement course reading, such as Hornbooks and Nutshells.

Hornbooks are one-volume texts, usually hardbound, that give an overview of a particular area of law, and can be used to supplement your casebook.  West publishes the official "Hornbook" series, but the term can be applied to similar texts from other publishers.  The current Hornbooks are available in the Reserve Room.  They can be used in the Reserve Room or checked out by students for 2 hours.  Older versions of Hornbooks are available on the Lower Level and check out for 4 weeks.

Nutshells are paperback books that offer concise explanations on a variety of different legal topics, including first-year subjects.  The most recent editions are located in the Study Aids and Academic Success collection on the main floor of the library, just beyond the double doors.  The Nutshell titles check out for a 24-hour period.  Older versions of Nutshells are also available on the Lower Level and check out for 4 weeks.  Because the law continually changes, when using superseded law materials, you need to be aware that the materials may contain inaccuracies and updating the law may be necessary.  

ABA Annual Meeting to Offer Debut of Magna Carta Exhibit

The Annual Meeting of the American Bar Association (ABA) will be held August 7 to 12 in Boston.  Several events at the meeting have been planned in conjunction with the kickoff of the ABA's celebration of the 800th anniversary of the Magna Carta signing, which occurred in June of 1215.

The ABA Journal reports that a collaborative exhibit of the ABA and the Law Library of Congress will debut at the ABA Expo, titled Magna Carta: Enduring Legacy 1215-2015.  According to the Library of Congress press release, the exhibit "will feature facsimiles of Magna Carta-related rare documents and artifacts from the collections of the Library of Congress . . . [and] as many as 16 freestanding banners will depict images of the materials and tell the story of Magna Carta and its catalyst role in promoting the rule of law."  The traveling exhibit will continue on tour to public buildings throughout the U.S., including courthouses, universities, and libraries.  A stationary exhibit featuring one of the four surviving copies of the Magna Carta will be on display at the Library of Congress from November 2014 to June 2015. 

Also, this year's keynote address at the ABA Annual Meeting will be given by U.S. Supreme Court Chief Justice John Roberts, who will discuss the Magna Carta in his speech, including both its historical and current significance (see here for an article from the ABA Journal). 

Interested in more information about the Magna Carta?  The National Archives website here offers background information, images and translation, as well as an in-depth article titled The Magna Carta and Its American Legacy, which examines the Magna Carta and its influence on American constitutionalism.  The McKusick Law Library also offers the following titles in its collection:

Magna Carta: Text and Commentary / by A.E. Dick Howard

Magna Carta and the Tradition of Liberty / by Louis B. Wright

Magna Carta and the Idea of Liberty / James C. Holt, editor

The Road From Runnymede: Magna Carta and Constitutionalism in America / by A.E. Dick Howard

August is National Golf Month - Law Library Display

August is National Golf Month and the Law Library is currently featuring a display with several titles that focus on Golf and the Law.

Did you know that there are a number of golf-related court cases at both the federal and state level? The Little Green Book of Golf Law by John H. Minan (featured on the display) discusses eighteen of these cases, which address disputes over patent protection for golf ball design, the use of reclaimed water on golf courses, as well as liability for golf cart accidents, defective club design, property damage, and more. 

Other titles on the display include: Fair Ways: How Six Black Golfers Won Civil Rights In Beaumont, Texas by Robert J. Robertson and Golf and the Law: A Practitioner’s Guide to the Law and Golf Management by Thomas H. Sawyer.

For those who might be interested in the intersection of baseball and the law, the Law Library has also placed several baseball-related titles on the display, including Legal Issues In Professional Baseball, edited by Lewis Kurlantzick, Baseball and the American Legal Mind, edited with introductions by Spencer Weber Waller, Neil B. Cohen, and Paul Finkelman, Legal Bases: Baseball and the Law, by Roger I. Abrams, One Man Out: Curt Flood Versus Baseball, by Robert M. Goldman, and Baseball and Antitrust: The Legislative History of the Curt Flood Act of 1998, edited by Edmund P. Edmonds and William H. Manz.