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CMLawLibraryBlog

The CM Law Library Blog seeks to inform the Cleveland-Marshall College of Law community about key legal education, research, practice, and law library news, with a particular focus on Cuyahoga County and Ohio as well as faculty research interests.

Ohio Supreme Court Proposes Rule Stating Commitment to Clients

Jan Novak, Associate Director jan.novak@law.csuohio.edu | October 31, 2006 - 09:27

The Ohio Supreme Court invites comments by November 22, 2006 to a proposed amendment to the Rules for the Government of the Bar, Rule IV, Professional Responsibility. New Section 3 would require that lawyers make available a statement of commitment to clients and client associated responsibilities. The proposal provides a list of reciprocal expectations and duties regarding the lawyer/client relationship, stating that lawyers may use an alternate form as long as it substantially complies with the rule’s language.

New Jersey Supreme Court announces its opinion in same sex case

Schuyler M. Cook | October 25, 2006 - 20:37

This afternoon, the New Jersey Supreme Court announced its opinion in the case of Mark Lewis and Dennis Winslow, et al. v. Gwendolyn L. Harris, etc., et al. (A-68-05). The case was argued before the court on February 15, 2006. The Superior Court of New Jersey, Appellate Division cite for the case is 378 N.J.Super. 168, 875 A.2d 259 (2005). The Superior Court of New Jersey, Law Division cite for the case is not reported in A.2d. The WESTLAW cite is 2003 WL 23191114.

Federal Depository Library Program Conference Fall 2006

Schuyler M. Cook | October 24, 2006 - 14:01

Greetings from Washington D.C.

Over 400 attendees from across the United States are meeting and learning new information from their Government Printing Office hosts and each other at the Fall Conference from Sunday, October 22 through Wednesday, October 25, 2006. This year's meeting includes a full agenda and attendees have been provided with access to a PDF of a new Recommended Readings list.

The Cleveland State University Library and the Cleveland-Marshall College of Law Library are both designated as Federal Depository Libraries and each select tangible and electronic titles provided by the Depository program.


Cleveland-Marshall Students' Articles in Other Legal Publications

Marie Rehmar, Head of Reference Services, marie.rehmar@law.csuohio.edu | October 24, 2006 - 13:56

Congratulations to the Cleveland-Marshall students/recent alums who have written the following articles published in other law reviews. (Links to LexisNexis text require passwords; link to HeinOnline on the CSU Campus.) We plan to periodically highlight these achievements for our readers.

Ashoke Talukdar - The Voice of Reason: The Corporate Compliance Officer and the Regulated Corporate Environment, 6 University of California, Davis Business Law Journal 45 (2005)

Sue McGrath - Only a Matter of Time: Lessons Unlearned at the Food and Drug Administration Keep Americans at Risk, 60 Food and Drug Law Journal 603 (2005)

Marcus Misinec - When the Game Ends, the Pandemonium Begins: University Liability for Field-Rushing Injuries, 12 Sports Lawyers Journal 181 (2005)

Darren Handler - The Wild West: A Privacy Showdown on the Radio Frequency Identification (RFID) Systems Technological Frontier, 32 Western State University Law Review 199 (2005)


Proposed Predatory Lending Rules

Jan Novak, Associate Director jan.novak@law.csuohio.edu | October 24, 2006 - 13:44

Proposed new rules to implement the Ohio Homebuyer’s Protection Act, S.B. 185, are scheduled for public hearings on November 16 at 2:00 p.m. in the Rhodes State Office Tower, 30 E. Broad St., Columbus. Ohio’s Attorney General’s Office drafted the rules covering such topics as determining a consumer’s ability to repay a mortgage, recommending that a consumer default, disclosure requirements at closing, improperly influencing an appraiser, unconscionable terms in home mortgage loans, and limitations on advance payments. Read the proposed rules 109-4-3-01, and 109-4-3-19 through 30 at the OAG’s web site under Public Rule Filings, November 16, 2006.


Law School Innovation Blog Cite

Jan Novak, Associate Director jan.novak@law.csuohio.edu | October 24, 2006 - 10:06

Ohio State University Law Professor Douglas Berman invites professors, students, practicing lawyers and anyone else interested in "law school design and evolution" to contribute to his new Law School Innovation Blog hosted on the Law Professors Blog Network. An initial post ask for reports on innovative courses either offered or in the hoping or planning stages, and promises an indepth look at Harvard's new 1L curriculum. Prof. Berman also maintains the Sentencing Law and Policy Blog

President Bush declares National Character Counts Week, 2006

Schuyler M. Cook | October 19, 2006 - 08:10

On Friday, Oct. 13, 2006 President Bush declared Oct. 15-21, 2006 to be National Character Counts Week, according to a press release from the White House.

In a somewhat related story, on October 17, 2006 the President signed into law S.3930 titled, Military Commissions Act of 2006 .

The measure was passed, in part as a response to the U.S. Supreme Court's ruling in Hamdan v. Rumsfeld announced on June 29, 2006.

 (More)

New Publication from Prof. Dena Davis

Jan Novak, Associate Director jan.novak@law.csuohio.edu | October 17, 2006 - 08:40

Professor Dena Davis's new article, The Puzzle of IVF, on legal and ethical issues relating to abortion and in vitro fertilization can be found at 6 Houston Journal of Health Law and Policy 275 (Symposium 2006).

State Legislative Materials Web Site

Laura E. Ray, Educational Programming Librarian, laura.ray@law.csuohio.edu | October 16, 2006 - 14:35

The National Conference of State Legislatures (NCSL) provides a Web-based topical compilation of statutes, legislation, databases, and other legislative materials at http://www.ncsl.org/programs/lis/lrl/50statetracking.htm. Initiated by the NCSL Legislative Research Librarians staff section, this service organizes legislative materials in a wide variety of subject areas, including Budget & Tax; Elections, Campaigns & Redistricting; Environmental Protection; Ethics; and Telecommunications and Information Policy. The Health section is particularly extensive, including sections on Children, Pharmaceuticals, and Women's Health. The Pharmaceuticals section includes bulk purchasing statutes and executive orders, state pharmaceutical assistance program legislation and statutes, and wrap-around benefit laws.

Founded in 1975, the NCSL is a bipartisan organization that provides research and networking assistance and resources to legislators and staffs of the states, territories, and commonwealths of the United States. The NCSL Legislative Research Librarians section is one of ten NCSL staff sections, and seeks to promote effective information services in legislative libraries.


Blogging Ohio Torts

Jan Novak, Associate Director jan.novak@law.csuohio.edu | October 11, 2006 - 15:37

Blogs written by noted experts offer students and practitioners timely insights into developments in specific legal practice areas. Christopher Ernst, author of the only Ohio tort law treatise, Baldwin’s Ohio Practice: Tort Law, hosts a blog: Tort Law Journal: The Definitive Blog for Tort Law in Ohio at Tortlawjournal.com. Recent posts include news about challenges to Ohio’s most recent tort reform legislation, a link to an analysis of Georgia’s tort reform legislation and its apparent failure to curb insurance rate increases, a note about the trend toward allowing tort damages for breach of contract, and discussions of legal challenges to punitive damages limits. Contributing authors include staff writers and editors of the newsletter Tort Law Journal of Ohio.


Roman Law Program Accepted For 2007 AALL Annual Meeting

Laura E. Ray, Educational Programming Librarian, laura.ray@law.csuohio.edu | October 10, 2006 - 17:44

Rome: the Power of Film to Teach Foundations of Roman and Civil Law has been accepted as a program for the July 2007 American Association of Law Libraries (AALL) Annual Meeting in New Orleans. Coordinated and moderated by Laura Ray, MA, MLS, Cleveland-Marshall College of Law Educational Programing Librarian, this 90-minute program will assist participants to explain how audiovisual materials can facilitate the achievement of complex learning objectives as well as identify Roman and historical civil law elements. Legal and historical scholars have long recognized Roman law foundations in European and other civil law systems, as well as the importance of Roman Monarchy and Republic legal institutions and procedures in the development of classical Roman law. This program will demonstrate the educational opportunities afforded by audiovisual materials, as it draws upon the powerful images of the HBO series "Rome," to explain key elements of Roman Law. It will review the relationship between, and government powers of, Senators, Consuls, Praetors, Magistrates, Tribunes, and other officials, as well as law-making authority and procedures, election procedures, court system, trial proceedings, and emergency government procedures. Program speakers will include Ms. Ray and Bernard Keith Vetter, The Ted and Louana Frois Distinguished Professor of International Law Studies, Loyola University New Orleans College of Law. This program is being sponsored by the AALL Legal History and Rare Books Special Interest Section, which Ms. Ray Chairs, the AALL Micrographics/Audiovisual Special Interest Section, and the AALL Foreign, Comparative & International Law Special Interest Section.


How Practicing Lawyers Research

Jan Novak, Associate Director jan.novak@law.csuohio.edu | October 10, 2006 - 11:51

The 2006 American Bar Association Legal Technology Resource Center Online Research Trend Report is hot off the presses (and available to ABA members to download at http://www.abanet.org/tech/ltrc/survstat.html ), with some new insights into the research habits of practicing lawyers. Over 2500 lawyers from a cross section of firms across the county answered the survey questions: the mean bar admittance period for respondents was 22 years, with a mean age of 51 years. Firm size representation of respondents broke down as follows: 27% from firms of 2-9 attorneys, 20% from firms of 10-49, 7% from firms of 50-99 and 23% from large firms of 100 or more. Some of the survey results include:

· Respondents spend 17% of their time conducting research

· 71% regularly conduct their own research: 53% also regularly use research conducted by other firm attorneys

· 93% conduct legal research online

· 42% begin their research with a fee based resource

· 87% use free online resources – an increase by 14% over the previous year’s survey

· 83% use fee based online resources – and 74% of them pay a negotiated flat rate

· 41% use legal treatises and other secondary sources electronically

· 58% regularly use print resources in their research – a decrease of 15 % since the 2003 survey

· Respondents who use print resources use treatises (33%), law reviews (23%), forms (20%), their own state statutes (16%), their own case law (14%) but for each of these sources more respondents use them online

· 32% never use CD ROMs and only 10% use them regularly

The report notes that this is the first year that respondents did not select print as the format used most often for any of the legal sources in the survey, although they acknowledge that the survey itself was distributed electronically, perhaps reaching a survey base predisposed to online transactions.

The savviest researchers may be those who willingly accommodate technological change into their research habits, and make themselves comfortable in multiple formats. Our advice: Keep your training current and make good use of authoritative online databases and portals. Our Internet Legal Research Guide may introduce you to some new alternatives.


Habeas Petition Filed pre Military Commission Act of 2006 (S. 3930) passage

Schuyler M. Cook | October 05, 2006 - 11:34

Tuesday, October 3, 2006 a habeas petition was filed on behalf of Majid Khan, one of the fourteen (14) high value detainees recently transferred to the Guantanamo Bay facility. According to the Center for Constitutional Rights (CCR), the petition was filed just hours before the passage of the Military Commission Act of 2006 (S. 3930).

Whether the legislation will be deemed to be retroactive and thereby disallow the challenge is still an open question.


Professional and Study Skills Collection in Room A066

Leslie A. Pardo, Circulation & Faculty Services Librarian | October 03, 2006 - 12:25

Located on the Atrium level of the Law Library, the Professional and Study Skills Collection in Room A066 brings together an array of study aids, legal research and writing text, materials about succeeding in law school, as well as materials to help you explore careers. Materials include:

  • Hornbooks and Nutshells (We keep current non-circulating copies on Reserve at the Public Services Desk)
  • Legal Research Materials
  • Books on Legal Writing
  • Guides on preparing for and writing law school exams
  • Casebooks
  • Bar exam preparation materials, including sample exams and answers
  • Career materials, including books on setting up and managing a legal practice

All materials in room A066 may be checked out. The room also contains carrels and ample study tables, providing a quiet study space surrounded by the materials you need to succeed.


Advice Inside Advice: Check out CALI

Jan Novak, Associate Director jan.novak@law.csuohio.edu | October 03, 2006 - 12:22

Getting adjusted to law school, or, for returning students, a new semester in law school, is tough enough without all the often conflicting advice everyone you encounter seems compelled to provide. Why doesn't somebody just package up all that advice and put it someplace where you can review it once you've had a chance to sit down and take a deep breath? Somebody has, but before I tell you about it you have to take one more piece of advice: Register with CALI. Cleveland-Marshall is a member of the Center for Computer Assisted Instruction (CALI), a non-profit consortium of law schools that researches and develops computer-mediated legal instruction. Law school professors and librarians design CALI tutorials which can help you master basic legal concepts and reinforce classroom lessons. You need to register to use these tutorials, so if you are a Cleveland-Marshall College of Law Student, and have not yet accessed CALI via our Law School subscription, click here to access the authorization code and then follow the registration instructions. Once signed into CALI, take a look at Advice for New Law Students; Web Roundup, to reach Austin Groothuis' post full of links and advice for incoming 1Ls. Here you will find a digest of useful advice from a variety of students and professors. Also, pay heed to the podcasts listed in Deb Quentel's entry Preparing for Your First Semester of Law School, including Advice to a 1L from a Law Professor, How to Prepare for the Study of Torts Law, Contracts, Unconscionability and Reasonable Expectations, and Exam Preparation: Conversations with Law Professors about Preparing for and Taking Exams from CALI Radio.


C-M Faculty Make the Editorial Pages

Jan Novak, Associate Director jan.novak@law.csuohio.edu | October 02, 2006 - 09:51

David Forte, the law school's Charles R. Emrick Jr. - Calfee Halter & Griswold Professor of Law, published an op-ed piece, Regime Change, in the Wall Street Journal's electronic newsletter, "Opinion Journal" on September 26. The article reviews B. Ackerman’s The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy, Belknap Press (2005).

Cleveland-Marshall Professor of Law Kathleen C. Engel is co-author with former Cleveland-Marshall Professor of Law Patricia A. McCoy of an op-ed in the September 29 issue of the Plain Dealer, "Mortgage Rate Disparities Hurt Borrowers, Communities."


 
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