CMLawLibraryBlog

Speaking for myself and the entire Cleveland-Marshall College of Law Library staff, we are pleased to welcome attendees of the 2008 American Association of Law Schools Workshop for Law Librarians to a reception at the Cleveland-Marshall College of Law on Tuesday, June 3, 2008, at 6pm. Please be sure to stop in our Law Library for a tour.

The Law Library, built in 1997, is featured on SchoolDesigns.com as an example of outstanding university design. It was designed by Ellerbe Becket of Minneapolis with Collins Rimer Gordon of Cleveland. The 85,000 square-foot, four-story, light-filled, modern building houses over 500,000 volumes, a 50-seat computer lab, several instructional rooms, and 17 group study rooms. The Law Library is also home to several interesting works of art.

Encircling our entrance level rotunda is series of bronze plates created by Washington, DC sculptor Jim Sanborn. The plates include excerpts from prominent legal documents from the 6th to 20th centuries, thereby depicting the development of justice systems in many cultures. In our Casual Reading area on the base level is a large collage of ceramic tiles created by Cleveland ceramicist Angelica Pozo. The tiles are imprinted with excerpts from key US Statutes, and, though they clearly spell out the word LAW, reflect the struggle underlying legal interpretations.

We hope you enjoy your visit to our College of Law and Law Library, and best wishes to you for productive and stimulating sessions at the AALS Workshop for Law Librarians.

The Suffolk Law Library Blog informs us of a series of podcasts entitled Transitioning from One-L to Summer Legal Work.Legal writing professors from all corners of the U.S. collaborated on these programs. Anyone can download them for free via Itunes.

Don't forget that the research librarians are available during the summer to answer questions about your clerkship research assignments. (Of course, if the law firm you are working for has their own librarian it is best to ask them first). You can contact us via (216) 687-6877 during Research Librarian hours or send an email to research.services@law.csuohio.edu.

The Millennium Development Goals (MDGs) are 8 goals established in 2000 that United Nations member states have agreed to try to reach by the year 2015. The 8 goals, embodied in the United Nations Millennium Declaration, are:

• Eradicate extreme poverty and hunger
• Achieve universal primary education
• Promote gender equality and empower women
• Reduce child mortality
• Improve maternal health
• Combat HIV/AIDS, malaria, and other diseases
• Ensure environmental sustainability
• Develop a global partnership for development

To see how member states are doing in reaching these goals, check out the MDG Monitor. As a starting point for finding out if individual countries have enacted legislation that relate to the topics of the MDGs, try searching the Foreign Law Guide.

Interested in video or audio of law-related public affairs lectures? Then check out UChannel brought to you by Princeton University’s Woodrow Wilson School of Public and International Affairs.

In the tag cloud, click on "Law", or use the search box for more precise results. There are lectures on everything from Sarbanes-Oxley to the drinking age, however, the emphasis appears to be on foreign and international law, terrorism and civil rights. ( Thanks to The Resource Shelf)

While CSU does not participate in UChannel, you can view lectures by CSU professors in the Cleveland State University Mediasite Catalog. If you are a faculty member and you want to record a mediasite presentation for students to view later, contact a research librarian, or Jim Bandes of Instructional Media Services, 687-9707.

To find other legal podcasts, try Legal Talk Network, Top Ten Law Podcasts or Blawgs.fm. Of course, many Universities post lectures on Itunes.

A few weeks ago we surveyed our law students about their use of various technologies and Web 2.0 applications: among our finding was a seventy percent usage rate of Facebook or other social networking sites. You are probably aware that due diligence impels employers to search the web for background information on job candidates. The Career and Professional Development Blog, member of the Law Professor Blogs Network, recently reported a positive job outcome for a law student whose Facebook activity attracted a job offer: See Facebook Professional Success Story for the details, as well as some important tips on controlling one’s “online persona.”

Can dogs sue for injuries inflicted upon them? The following Ohio case held that the owners must sue on the dog's behalf:

"In this regard, the court noted that despite Boomer’s fine qualities as a dog, his status as “personalty” deprived him of the legal capacity to sue. Again, this is consistent with Oberschlake, in which we held that dogs cannot directly recover for their injuries. In particular, we stressed evidentiary problems that would arise if animals are allowed to sue directly. Id. at ¶ 18."
Pacher v. Invisible Fence of Dayton, 154 Ohio App.3d 744, 2003-Ohio-5333 at ¶21. (Thanks to Attorney Anne McFarland).

If dogs could be plaintiffs, there is already a lawyer for them! See the YouTube video, below. (Thanks to the Law Librarian Blog)

Schuyler Cook, JD, MLS, Cleveland-Marshall College of Law Library Head of Technical Services/Government Information Librarian, has been elected to the position of President Elect/Program Chair of the Government Documents Round Table of Ohio (GODORT). Established in 1981, GODORT is a statewide association that promotes the use of federal and state government documents, as well as advocates for free public access to such information. Mr. Cook is a 1987 graduate of Cleveland-Marshall College of Law, and a life member of the Cleveland-Marshall Law Alumni Association.

Those of you taking the First Amendment class this summer might be interested in this case:

Right to Life filed a complaint to strike down the Ohio law prohibiting the running of issue ads 30 days before an election, if the ads mention the name of a candidate running for office . See ORC 3517.1011(H) and other code sections referred to in the complaint. The suit was filed in federal court, Southern District of Ohio, Case No. 2:2008cv00492.

The complaint cites Federal Election Commission v. Wisconsin Right to Life, Inc. (2007), 542 U.S. 1305. The U.S. Supreme Court held that the Bipartisan Campaign Reform Act could not prohibit a corporation from financing ads concerning an issue, aired near election time, when the ad could reasonably be interpreted as something other than an appeal to vote for or against a specific candidate.

Right to Life wants to air ads before the November election concerning an Ohio Senate bill banning human cloning. See SB 174 . The organization wants to mention the names of Ohio legislators who are running for office.

Source: Right to Life Files Federal Lawsuit to Overturn Ohio Law Blocking Issue Advocacy Near Election Day, Gongwer News, Volume #77, Report #98, Article #08 --Tuesday, May 20, 2008.

The summer 2008 issue of Minority Law Journal [KF195 .M56 M56] features its 2008 Diversity Scorecard, an annual survey of minority hiring at the nation’s largest law firms [complete report online].

In preparing the Diversity Scorecard, the Minority Law Journal sent surveys to the 254 firms that are listed in the Am Law 200 or the National Law Journal’s 250 or both, representing the largest firms nationally. They received a total of 211 responses. Out of these responses, here are the rankings for five law firms with Cleveland offices.

	Baker & Hostetler	Jones Day	Littler Mendelson	Thompson Hine	Ulmer & Berne
Diversity Rank	108	132	26	162	196
Minority Percentage All U.S. Attorneys	11.6%	10.1%	18.5%	7.9%	5.6%
Minority Percentage All U.S. Partners	7.8%	6.0%	10.5%	5.0%	1.1%
Total Attorneys U.S./NonU.S.	603/-	1699/668	649/-	405/4	179/-
African American Partners / Nonpartners	7/18	13/38	16/39	4/6	1/7
Asian American Partners / Nonpartners	10/14	14/68	4/26	1/13	-/2
Hispanic American Partners / Nonpartners	7/13	8/28	14/20	4/4	-/-
Other Minority / Multiracial Partners / Nonpartners	1/-	1/1	-/1	-/-	-/-

Source: Minority Law Journal: An ALM Publication (Summer 2008)

An article in The Cauldron tipped me off to the existence of The Green Room, a Facebook-like networking site launched and operated by Student Life that is only open to Cleveland State University students, faculty, staff and alumni.

Signing up is easy – I did it in about a minute. Go to https://greenroom.csuohio.edu and click “Register”. You’re required to enter your name and CSU ID number.

You can use the Green Room just like MySpace, Facebook and any other networking site to connect with friends, find out news about concerts, organizations, and other events, share photos, start a blog, you name it.

After being out in the wide wide world of Facebook, the local feel of the Green Room is kinda nice and cozy. Give it a try!

In addition to the resources Sue listed in her earlier blog post, you can check out job and clerkship postings in the Job Binder and Law Clerk Binder maintained by the Office of Career Planning. Both binders are kept behind the Information Services desk in the Law Library – just present your C-M Law ID or Alumni Card to check out the binders for library use. The job listings in the binders are the same as those on Symplicity, see Career Services' Directions for using Symplicity (MS Powerpoint File).

Google Health was launched today with some assistance from the Cleveland Clinic. Google Health provides users with one area to keep track of their medical information, including medications, allergies and more. Some eCleveland Clinic MyChart patients helped Google in testing the product. The data collected from these patients was anonymous.

Obviously, there are some privacy concerns. Google and other nonmedical providers are not subject to HIPAA. Plus, there is concern over consumers inadvertently sharing their information by not clicking disclosure boxes. However, advocates for Google Health believe that the site will provide overall better care for patients by giving them access to information wherever they may be in the world, tracking chronic conditions, scheduling doctor appointments online and allowing doctors to view patient records prior to their appointment.

Source: Cleveland.com Blog

In the past, lawyers who read the newspaper or court transcripts during CLE programs were criticized as not taking CLE seriously. Recently, I attended a CLE, and everybody had their Blackberries out. It is now an accepted practice, known as "multitasking". There has been lots of discussion regarding students multitasking on their computers during class. See Multitasking in the Classroom (Law Career Blog) and our prior post, Laptops No More?

But what about multi-tasking during a court proceeding? It could earn you the wrath of the judge ....

Recently, Cuyahoga County Common Pleas Judge David Matia noticed a defense lawyer checking his Treo wireless device while the judge was delivering jury instructions in a DUI case. The judge said he would hold the attorney in contempt unless the attorney donated $250.00 to Mothers Against Drunk Driving. The defense attorney said the judge was reading something that he and the prosecutor had already agreed upon, so it was OK for him to check his Treo for his next court date. See McIntyre, Michael K., Lawyer Learns His Lesson in Kindergarten Courtroom, The Plain Dealer, May 17, 2008.

Willie Campbell, a homeless gentleman from Dallas, TX, was recently sentenced to 35 years in prison for harassing a public servant with a deadly weapon. His deadly weapon of choice...his spit. See, Mr. Campbell is HIV positive. Police responded to a call of an unconscious man lying outside a downtown building. When they approached, Mr. Campbell began kicking and finally spitting in the eye and mouth of an officer, yelling he was HIV positive. According to the Center of Disease Control, saliva has not been shown to transmit HIV. Mr. Campbell has been convicted previously of attacking officers and biting inmates. In Texas, habitual-offender statute, section 12.42 mandates that he serve half of his sentence before he is eligible for parole.

The Law Library hours for Summer Semester, Monday, May 19 - Thursday, July 3rd, are as follows...

Monday-Thursday---8am - 10pm

Friday---8am - 6pm

Saturday---9am - 5pm

Sunday---Noon - 8pm

We will be closed Monday, May 26th in observance of Memorial Day.

The California Supreme Court has just affirmed the right to gay marriage, making it the second state, after Massachusetts, to extend the right. Read the decision here [In re Marriage Cases (No. S147999, Cal. May 15, 2008) 2008 Cal. LEXIS 5247] as well as news coverage in the 5/16/08 CNN.com, Adam Liptak article in the New York Times, and Robert Barnes and Ashley Surdin article in the Washington Post.

The U.S. Department of the Interior [press release], following the recommendation of the U.S. Fish and Wildlife Service, has announced the listing of polar bears as a threatened species under the Endangered Species Act. The decision came after a three-year legal battle and law suit brought by Greenpeace, the Center for Biological Diversity, and the Natural Resources Defense Council [links for individual press releases] against the two government agencies. If you’re interested in reading the case against Interior and Fish and Wildlife, the citation is 2008 U.S. Dist. LEXIS 34753.

On an ironic personal note, I happened to be watching the Golden Compass the same time the polar bear protection announcement was made. Iorek Byrnison, the armored ice bear, would be happy.

You know we want to you come visit us at the Library, even once you’ve graduated. And with your Alumni Borrower’s Card [online application], you can still check out the Law Library materials that you’ve come to know so well over your time in law school. On our services for alumni page, you’ll find more useful stuff like guides for career resources, legal publishers, professionalism, and CLE materials. The Library also offers a computer room for alumni use. Hope to see you back soon!

Westlaw reclassified over 500,000 headnotes, particularly in the Criminal Law topic. Some of the changes are apparent if you log on to Westlaw,
click on "Key Numbers" at the top, and open up the Criminal Law topic. You will see that the "Sentencing Guidelines" section has been moved to the "Sentencing and Punishment" topic, etc. Minor changes have been made to the following topics: Automobiles, Innkeepers, Insurance and Negligence.

If you are searching online, you can still search using the old key number. The old key numbers are listed next to the new key numbers in the case headnotes. The print Digests will eventually incorporate the new changes, either by pocket part or by a replacement volume.

There is also a correlation table in the print version of the West's Digest (for example, West's Ohio Digest), that will tell you which new digest number corresponds to the old number, and vice-versa. The correlation table is usually located at the beginning of the topic, after the topic outline. Of course, the correlation tables in the current print volumes reflect only changes made to key numbers last year, not the most current crop of changes.

Thanks to LexLibris.

Looking for a job? Our newly posted resource guides may help:

• Law Career Resources links to online job boards such as ABA Job listings and Vault.com. This resource guide lists books on job search strategies and legal career options.
• Intellectual Property Law Career Resources and International Law Career Resources link to job postings and career websites, have information on researching employers and list books for these specialty careers.

Also take a look at Cleveland Marshall's Office of Career Planning web page.

Recent graduates who have added sheets to their network printing account and who have sheets remaining as of 8/01/08 are entitled to a refund of that amount if it is more than $1.00.* To obtain your refund, you’ll need to make an appointment, come to the Law Library and fill out a form to take to the Bursar’s Office for actual payment. The deadline for requesting a refund is 12/31/08. Contact David Genzen, Director of Technology Operations, phone 216-523-7372, or email david.genzen@law.csuohio.edu

*This refund applies only to your lab network printing account and only to value that you have added to that account. Refunds are not given for the pages that the school adds to your account at the beginning of the academic year. Also, we do not give refunds for value added to copy cards.

If this isn’t law student creativity, I don’t know what is.

José Arcadio Klein, 3L at Harvard, has designed a line of “Learned Handmade Plates.” Klein describes the Legal Plate Project as “represent[ing] an album of the American Law School Experience. The plates are snapshots from the core of law as it is taught. Most law students have been expected to memorize most of the cases depicted here. They have been evaluated on the basis of how well they can reproduce the information these cases contain.”

And indeed, in the collection you can find plates for such classic cases as Ex Parte Quirin, Phillip Morris USA v. Williams, Brandenburg v. Ohio, or A.L.A. Schechter Poultry Corp. v. U.S. and others. There are also commemorative plates for all current Supreme Court Justices [I like the Scalia plate the best].

The plates are on sale through Etsy, the Ebay of handmade goods, minus the bidding. And yes, there’s a graduation sale on the Supremes.

Tip: Et Seq.: The Harvard Law School Library Blog

Starting today and continuing for three days straight, the Web magazine Slate will run a special report on procrastination. In it, you can find out stuff like how to bank on investments in procrastination culture and pick up some summer reads on procrastination.

If you’ve been putting off some legal career-related tasks, a couple books to nudge you along –

• How To Study for the Bar Exam in Three Days
  (NOT that I’m encouraging you to try this – in fact, better to look at our Bar Exam Resource guide now)

• Résumés for Law Careers

• Building Career Connections: Networking Tools for Law Students and New Lawyers

fyi…there are only 78 days until the July Bar!

The Harvard Law School faculty has established a mandatory open access policy, making the scholarship of all HLS faculty freely available from an online institutional repository, with no restrictions on use other than that it be not for profit. In the press release , newly appointed Harvard Vice Dean of Library and Information Services John Palfrey stated "The acceptance of open access ensures that our faculty's world-class scholarship is accessible today and into the future. I look forward to the work of implementing this commitment." Harvard is the first American law school to require open access to faculty scholarship. See our earlier post chronicling a similar action by Harvard’s Arts & Science Faculty

Two of the champions and leaders of the movement to bring case law into the public domain so that attorneys, legal scholars, and the general public can freely access federal and state court decisions, participated in a recent podcast on Lawyer2Lawyer. Tom Bruce, co-founder of the Legal Information Network, and Carl Malamud, founder of PublicResource.org spoke of the importance of removing barriers so that, in our nation of laws, the law itself should be available without “passing a cash register.” Answering charges the Westlaw and LexisNexis duopoly prevents new entrepreneurs from developing more cost effective legal research systems was Andy Martens of Thomson West.

Not quite the flip side of the public access issue, is Tom Bruce’s thoughtful blog discussion of the issue of privacy facing legal information providers: in our clamoring for free and open access to the workings of the legal system, how do we balance the public right to know with the individual’s right to privacy and security? He argues that it is the responsibility of the courts to determine, with “vigorous public involvement” the standards and policies that best preserve both interests.

Professor John F. Duffy, of George Washington University School of Law, has discovered a defect in the appointment process of Patent Judges. These Judges have been appointed by a government official, who does not have the Constitutional power of appointment. Currently, 46 of the 74 Judges on the Patent Court have been appointed by this flawed process. This flaw could invalidate thousands of patent law decision by these courts. To read the NY Times article click here. To download Prof. Duffy's article click here.

This post is courtesy of Tim Woods, 2005 CM Alumni.

Many law schools impose a mandatory lap top requirement; at Cleveland Marshall, over 90% of the students have their own laptop computers as it is. But there is also a backlash from faculty in some places claiming that laptop use in the classroom interferes with teaching and learning. We reported earlier about the University of Chicago Law School banning internet access in the classroom. Now Kevin Yamamoto has published “Banning Laptops in the Classroom: Is it Worth the Hassles?” (Journal of Legal Education, Vol. 57, 2008 Available at SSRN: http://ssrn.com/abstract=1078740 ), recounting his experience banning laptops in his classroom and citing studies on the effect of classroom web browsing on student grades, as well as the effectiveness of typing over handwriting for note-taking. Yamamoto concludes that professors should ban or restrict laptops absent a showing that their use increases learning.

Thanks to the Law Librarian Blog

Human Rights Watch has put together a website highlighting the human rights challenges and issues in China happening as a result of 2008 Beijing Olympics. The site discusses issues such as forced evictions, labor abuses and more.

Two discrimination-related titles that have just landed on the new book cart are Anna Kirkland’s Fat Rights: Dilemmas of Difference and Personhood and John Parry’s Disability Discrimination Law, Evidence and Testimony.

Fat Rights addresses how weight might fit into the traditional civil rights structure, while Disability Discrimination serves as a reference manual on the law of mental and physical disabilities. Both titles are available on the Atrium.

As posted earlier, 2008 has been designated by the U.N. as the International Year of Languages. The UNESCO portal provides some interesting tidbits on languages.

Did you know that --

• More than 50% of the approximately 7,000 languages spoken worldwide are likely to die out within the next few generations?

• 96% of the world’s languages are spoken by a mere 4% of the world’s population?

• Fewer than 100 languages are used in digital environments?

Minority languages are afforded some measure of protection through human rights mechanisms such as the International Covenant on Civil and Political Rights (Article 27), and the European Charter for Regional or Minority Languages.

One of the most linguistically rich areas of the world is Africa, with an estimated 2,000 languages spoken on the continent [see Major Languages of Africa from PanAfriL10n from more details.] The topic of international legal protection for African languages is taken up in this new GlobaLex guide, “Towards the Human Rights Protection of Minority Languages in Africa” by Innocent Maja of Zimbabwe. It’s one of a large collection of research guides on international and foreign law topics available through GlobaLex.

This Friday, May 9, 2008, Cleveland Marshall College of Law will host “Improve Your Bottom Line: Attract, Retain and Promote Women and Minority Lawyers” from 11:30 a.m. to 5:30 p.m. The program features nationally renowned speakers, some of whom are from the UC Hastings Center for WorkLife Law. The program will benefit both partners and associates who would like to learn the best practices for promoting work-life balance. The cost is $100 for Cleveland Metro Bar Members, $125 for nonmembers, for 4.75 hours of CLE credit.

Click here to access the brochure and here to register.

You may also want to take a look at these lists of resources the library has available on work-life balance and recruiting/retaining minorities and women attorneys.

You may have seen today's Plain Dealer article about the appeal of a $800,000 wrongful death verdict, for the death of a 71-year-old mentally retarded woman. How do attorneys come up with a damages figure to present to the jury or to propose a settlement to opposing counsel?

Books such as the Economic Foundations of Injury and Death Damages (2005), KF1260.A75 E26 2005 and Trying the Wrongful Death Case in Ohio: Strategies in Preparation and Valuation, KFO539.D43 B4 2002, explain how wrongful death damages might be computed. Another interesting resource is JVR Personal Injury Valuation Handbooks, KF1256.A8 P477 ,which contains wrongful death figures based on age. Need to know how much a broken arm or cervical strain is worth? JVR also has tables of figures for various bodily injuries, corresponding to the amount of medical expenses. Of course, you can always search a database of jury verdicts, such as those available on Lexis, Westlaw and Casemaker (available on the public access workstations). Ask the librarians about these and other sources for computing damages in personal injury cases.

The Columbus Dispatch, a long-time shareholder in National City, sued to reverse the deal that provided the much-needed $7 billion to the bank. The deal allowed selected institutional investors to purchase stock at a discount and gain 70% ownership of National City. The Dispatch claims that National City's board breached fiduciary duties to long-time shareholders because the deal diluted their interests without compensation. See Teresa Dixon Murray, Dispatch Sues to Halt National City Deal, The Plain Dealer, May 3, 2008. The docket for Dispatch Printing Co. v. National City Corp., Case No. 08 CV 006506, can be viewed on the Franklin County Clerk of Court's Case Information Online.

See our prior post National City Plagued by Shareholder and Employee Lawsuits.

Have you had it with your laptop or computer system? Would you like to just throw it out the window and scream you're not going to take it anymore?! Try to relax. Take a deep breath. Do you have funds or graduation gift $ to replace your old computer? If so, instead of getting that momentary pleasure from seeing your old system bounce on the pavement, please consider donating it to the Cuyahoga County Solid Waste District Computer Recycling program.

Forty-seven communities participate in this program - see the list on the Computer Recycling program Web site for specific information on when and where to take your unwanted equipment. Donations are tax deductible. Acceptable equipment includes monitors, CPUs, keyboards, mice, printers, printer cartridges, modems, cables, and software, as well as cell phones and accessories. Equipment is turned over to RET3 Job Corp., a not-for-profit computer recylcer, who then refurbishes the equipment and gives it to schools. Unusable equipment is dismantled for recycling. To protect donor privacy, RET3 Job Corp. uses a U.S. Department of Defense double-wipe system to erase all data on donated computer hard drives. Please note, if your community is not currently participating in the Cuyahoga County Solid Waste District Computer Recycling program, you can take equipment directly to RET3 Job Corp. (1814 East 40th Street).

LeBron James and Brady Quinn

Richard Peltz, known free speech authority and Professor of Torts and Constitutional Law at the University of Arkansas Little Rock, recently sued some of his former black students and UALR’s Black Law Association for defamation. He claims the students falsely accused him of racism. The situation began in 2005 in a con law class, when Professor Peltz, according to a letter written to the Law School Dean, spoke of friends not getting into law school because of affirmative action. Prof. Peltz also discussed an article from the Onion, Now We Can Finally Put Civil Rights Behind Us. The satirical article was about the death of Civil Rights icon Rosa Parks. That issue was apparently resolved in 2005 but racial issues have arisen again on campus. The recent controversy surrounds the Law Review and the absence of black students on its editorial board. Professor Peltz became part of this issue because of his support of the editor in chief in that decision.

The irony of it all…the suit may in fact limit free speech on campus, the very thing for which Professor Peltz is recognized as an expert.

Source: Above the Law

Happy Law Day, One And All!

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