April 2009 Archives

Summer Hiatus

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I began blogging to highlight the information contained in online resources.  Feedback I've received indicates that this type of information is beneficial to the academic community. Today marks the last class day for the term and summer break follows final exams.  My blogging will be on hiatus until classes start up again in the Fall. 

However, during this time others will continue to post blog entries on issues important to library patrons such as changes in hours or holidays.  So check here from time to time for messages about the law library.

Good luck on finals, and enjoy the summer.

-Roberta Woods
The PTO's Trademark Trial and Appeal Board issued a precedential opinion in February concerning sound marks. Well-known sound marks include the NBC chimes and the Microsoft start-up melody.  The decision in the case, In re Vertex, 89 USPQ2d 1694 (T.T.A.B. 2009) (77 PTCJ 424, 2/27/09), decided by the Board Feb. 19, 2009, may significantly impact trademark owners' ability to register and enforce sound marks.  Read more from this analysis piece on BNA's Patent, Trademark & Copyright Journal - 77 PTCJ 685.

http://0-iplaw.bna.com.cardcatalog.piercelaw.edu/iplw/
Law students -- United States -- Handbooks, manuals, etc.
Legal composition
Law reviews -- United States


Main Stacks : KF250 .H46 2008
Making law review : the expert's guide to mastering the write-on competition / Wes Henricksen.

The "machine-or-transformation" test described by the U.S. Court of Appeals for the Federal Circuit can often be met with added claim limitations, practitioners said during a Feb. 18, 2009,  BNA-sponsored audioconference.  Practitioners Kenneth N. Nigon of RatnerPrestia, Valley Forge, Pa., and Stephen C. Durant of Duane Morris, San Francisco, were featured in the conference on drafting claims and seeking to reissue patents put in doubt by the court's Bilski decision.  Read more on BNA's Patent, Trademark & Copyright Journal online 77 PTCJ 662.

http://0-iplaw.bna.com.cardcatalog.piercelaw.edu/iplw/
In Rescuecom v. Google, the Second Circuit found on April 3, 2009, that selling trademarks as search engine advertising keywords can qualify as a "use in commerce" under the Lanham Act. According to an analysis piece in BNA's Patent, Trademark & Copyright Journal, the holding broke "from Second Circuit precedent and may benefit trademark holders seeking to prevent search engines and competitors from profiting off their protected marks."  Read more at 77 PTCJ 688.

http://0-iplaw.bna.com.cardcatalog.piercelaw.edu/iplw/
The U.S. Supreme Court has decided to hear U.S. v. Stevens  - a case involving videotapes of dog fighting in its October session.  At issue is the First Amendment's free speech clause and whether to allow the government to make it a crime to sell videotapes or other depictions of animal cruelty.

SCOTUSblog
Do U.S. courts have jurisdiction over Iraq for claims involving hostage-taking and torture that occurred during Saddam Hussein's regime?  Oral argument today (Monday, April 20) at the U.S. Supreme Court in a consolidated case that includes Republic of Iraq v. Beaty and Republic of Iraq v. Simon

Both cases go back to the first Gulf War in 1991. The first, Republic of Iraq v. Beaty, was brought by the children of Kenneth Beaty and William Barloon, U.S. citizens who were living in Kuwait after the Persian Gulf War ended in 1991.  Both were detained by Iraqi authorities and subjected to squalid conditions and beatings.  The other, Republic of Iraq v. Simon, involves Robert Simon, a CBS news reporter, and his cameraman, Roberto Alvarez. Both were kidnapped and tortured by Iraq in 1991.

The law in question is the Foreign Sovereign Immunities Act (FSIA) that permits lawsuits against state sponsors of terrorism "for personal injury or death that was caused by," among other things, torture and hostage-taking.

SCOTUSblog 
Supreme Court Argument Calendar
This week the Supreme Court will hear oral arguments in a case of Savana Redding, a 13-year old middle school student in Arizona who was suspected of carrying prescription drugs to school for non-medical use.  Acting on a tip from another student, she was strip searched, but no pills were found.  Her mother sued and the District Court found in favor of the school.  The Ninth Circuit upheld the ruling, but the Ninth Circuit sitting en banc reversed saying the school needed greater justification for a strip search than for other types of searches allowed since the 1985 decision in New Jersey v. T.L.O. 

The Case:  Safford United School District No. 1, et al., v. Redding

Oral Argument Calendar
SCOTUSblog analysis:  http://www.scotuswiki.com/index.php?title=Safford_United_School_District

A Librarian's Librarian

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Hero to Librarians:

What do Catch 22, To Kill a Mockingbird, Franny and Zooey, and Dr. Seuss's The Lorax have in common?  They ARE all noted as "favorite" books on the library's blackboard this week.  But also, at some point in time, someone has tried to ban them all from a library.

The second statement of the Librarians Code of Ethics reads:

We uphold the principles of intellectual freedom and resist all efforts to censor library resources.

No one in the library world was a greater resister of "efforts to censor library resources" than Judith Krug.   Judith died last week.  From her obituary, "Judith was the Executive Director of the Freedom to Read Foundation and Director of the Office for Intellectual Freedom of the American Library Association for over forty years.    She worked tirelessly to guarantee the rights of individuals to express ideas and read the ideas of others without governmental interference.  Through her unwavering support of writers, teachers, librarians, and above all, students, she has advised countless numbers of librarians and trustees in dealing with challenges to library material.  She has been involved in multiple First Amendment cases that have gone all the way to the United States Supreme Court.  In addition, she was the founder of Banned Books Week, an annual weeklong event that celebrates the freedom to choose and the freedom to express one's opinion."

We salute Judith and her work this Library Week.  May we all aspire to "unwavering support  of writers, teachers, librarians and above all students."  Happy Library Week!  Read Banned Books!

Not just about the books...

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As I librarian, I've been to lots to library conferences.  I can tell you that all library conferences have keynote speakers.  Some of these speakers are better than others.  The ones that really make librarians groan are the ones who Introduce their speech by prattling on about how much they LOVE books.  Their apparent assumption:  Librarians = Books.   Why does this make Librarians groan?  Because we know that libraries are about so much MORE than books.  Libraries are places--where people come to seek out information, yes--but also places where thinking happens, where knowledge is discovered, where ideas are shared. 

Norman Cousins, (author of "The Celebration of Life: A Dialogue on Hope, Spirit, and the Immortality of the Soul") states it brilliantly when he wrote about libraries:

The Library is not a shrine for the worship of books.  It is not a temple where literary incense must be burned or where one's devotion to the bound book is expressed in ritual.  A library, to modify the famous metaphor of Socrates, should be the delivery room for the birth of ideas - a place where history comes to life.

Librarians are people who, at their best, work to serve you and your ideas.  We celebrate your ideas.  We're rooting for you.  It's National Library Week.  We're here when you need us.

Librarians at the Vanguard!

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The third statement of the American Library Association Code of Ethics Reads:

"We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted."

Librarians take this statement very seriously.  Whether  we are protecting  a young adult library patron trying to find "forbidden" information or, an elderly reader addicted to the "Twilight" series, we won't tell ANYONE what you're reading...

President Obama recognized that in past times, this commitment has always been part of the library "calling."  In a speech before the American Library Association in 1995, he said,

What some people may not remember is that for years, librarians have been on the frontlines of this fight for our privacy and our freedom. There have always been dark times in our history where America has strayed from our best ideas. The question has always been: Who will be there to stand up against those forces? One of the groups that has consistently stood up has been librarians. When political groups tried to censor great works of literature, you were the ones who put Huckleberry Finn and Catcher in the Rye back on the shelves, making sure that our access to free thought and free information was protected.

The American Library Association: standing up for your intellectual rights since 1876!!

A Message from the Library Director

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You are invited to join Pierce Law Library's celebration of National Library Week, April 13-17. Drop into the library and register for daily prizes, sample free candy and participate in scheduled LEXIS and Westlaw training. Be sure to check out the library's growing collection of National Library Week posters featuring some familiar Pierce Law personalities. My thanks to Kathy Fletcher for organizing this week's events and to members of the library staff and Professor Will Grimes for donating many of the prizes.
 
Libraries have always been special places for me and I hope you will take a few minutes out of your busy end-of-semester schedules to think about the importance of libraries to a free society. Did you know that during the Great Depression, not a single public library in the United States closed its doors?  Banks went under, farmers went bankrupt, millions were jobless and poor, but Americans held onto their libraries as symbols of community strength and hope. The same is true today. Across the country libraries are experiencing significant increases in use as Americans turn to them for books, DVDs, internet access and the assistance of librarians to help them through difficult times.
 
President Obama summed up the importance of American libraries in a 2005 speech to the American Library Association: "More than a building that houses books and data, the library represents a window to a larger world, the place where we've always come to discover big ideas and profound concepts that help move the American story forward and the human story forward. That's the reason why, since ancient antiquity, whenever those who seek power would want to control the human spirit, they have gone after libraries and books. Whether it's the ransacking of the great library at Alexandria, controlling information during the Middle Ages, book burnings, or the imprisonment of writers in former communist block countries, the idea has been that if we can control the word, if we can control what people hear and what they read and what they comprehend, then we can control and imprison them, or at least imprison their minds. . . . At the moment that we persuade a child, any child, to cross that threshold, that magic threshold into a library, we change their lives forever, for the better. It's an enormous force for good."
 
"Libraries will get you through times of no money more than money will get you through times of no libraries."
 
Judy Gire
Library Director

Everybody get psyched for Library Week!

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For those of you who may be new, next week the Pierce Law Library will celebrate National Library Week!  Stop by the library every day to enter in to win one of many exciting prizes.  There will be prizes, candy, cake, and fun!  

LexisNexis Academic is an outstanding service for researching news, business, and legal topics. It contains sources from all over the world, drawn from print, broadcast, and online media. An impressively deep backfile lets you find contemporary accounts of events that took place decades ago. The main strengths of Academic include:

News, current events, and commentary

  • Newspapers and new magazines, including major publications from the U.S. and around the world and local publications from all 50 states
  • TV and radio broadcast transcripts
  • Wire services
  • Blogs and web-based publications
  • Subject indexing to take you right to editorials, critical reviews, science, business, sports and other news categories

Business

  • Business news and analysis publications
  • Industry and market news for sectors ranging from petroleum extraction to education
  • Company information, including SEC filings and company profiles
  • Country profiles and business conditions

Legal

  • Law reviews and journals
  • U.S. case law, including case summaries, headnotes, and Shepard's Citations for all federal and state courts
  • U.S. statutes
  • Canadian and European case law and legal materials
LexisNexis Academic:  http://0-www.lexisnexis.com.cardcatalog.piercelaw.edu/us/lnacademic/
Sixteen reels representing a unique microfilm collection covering the Houston Mutiny and Riot Records of 1917-18 will be digitized and made available by LLMC-Digital.  From the LLMC-Digital Newsletter:  "The mutiny and riot occurred during one of the largest race riots in U.S. history, resulted in the largest murder trials ever held in this counrty, and culminated in 19 executions and 91 terms of imprisonment."  LLMC-Digital plans to have the first materials from this collection mounted on their site by mid-summer.

Read more on Blackpast.org.

LLMC-Digital:  http://0-www.llmcdigital.org.cardcatalog.piercelaw.edu/Default.aspx

Zotero Success Story

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Today, the value of using Zotero to collect and maintain my research paid off.  I had printed a copy of a law review article and then loaned it to a colleague.  I wanted to refer to something in the law review later and asked my colleague if s/he still had the print copy.  S/he had disposed of it and neither of us could remember the author or journal, but we vaguely remembered the title and year.  Not knowing where I found the article originally meant re-searching numerous indexes and databases.  If I found the article online it was possible that I had saved it to Zotero.  Before I started the re-search I opened my Firefox browser and pulled up Zotero.  In my research folder I found the article. 

If you would like to save yourself from re-search as I did, give Zotero a whirl.  I'm happy to help you getting started.  Just ask!

http://www.zotero.org
Westlaw rolled out a new database to search Markman orders from federal district courts.  It is MARKMAN-ORDERS. 

From Westlaw's E-Lert Newsletter:  "A Markman order is a pretrial order in which the federal district court construes the meaning of key words in patent claims. A Markman order might construe claims from multiple patents at once."

In the MARKMAN-ORDERS database "you can retrieve documents and patent file history from the underlying patents by clicking the appropriate links on the Links tab. (Note: These links do not appear when you retrieve a Markman order from the DCT database.) If you are viewing a patent that had been the subject of a Markman order, you can retrieve the Markman order by clicking the appropriate link at the KeyCite® history or Graphical KeyCite display."

http://lawschool.westlaw.com/

Patently-O blog reports that the USPTO is accepting applications now for its 8-week summer student internship program. The Office of Patent Legal Administration (OPLA) and the central reexamination unit will both be working with summer interns.

To apply for the Summer Volunteer Program (SVP), send a cover letter, resume and transcripts via e-mail to Recruitment@uspto.gov with the subject line "Student Employment: Summer Volunteer Program."

http://www.patentlyo.com/patent/2009/04/law-student-interns-at-pto.html

An article with helpful advice on researching international human rights law is in the April 2009 issue of AALL Spectrum.  The materials one must use and become familiar with to properly research international human rights law do not form a neatly packaged bundle.  The research guide starts with the basics and the author, James W. Hart, provides a well thought out and short list of materials one might consult to get started.  One can also run a subject search in the Library's catalog, MelCat, on "human rights" to see what resources are available on the library shelf.

http://www.aallnet.org/products/pub_sp0904/pub_sp0904_HumanRights.pdf
IMPORTANT: The SSRN website will be unavailable from approximately 6:00 p.m. EDT Friday, April 10 to 7:00 a.m. EDT on Monday, April 13 because they are upgrading their database to allow for broader international content.

SSRN is the acronym for the Social Science Research Network.  It is a place to locate scholarly works in progress.

http://www.ssrn.com/

Interrogation Manual

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On January 22, 2009, President Obama set the "Standards and Practices for Interrogation of Individuals in the Custody or Control of the United States in Armed Conflicts" as those authorized and listed in Army Field Manual 2 22.3 (FM 2-22.3, Human Intelligence Collector Operations, issued by the Department of the Army on September 6, 2006.)  LLMC-Digital recently digitized this resource and makes it available to subscribers.

Executive Order:  http://www.whitehouse.gov/the_press_office/EnsuringLawfulInterrogations/

LLMC-Digital:  http://0-www.llmcdigital.org.cardcatalog.piercelaw.edu/docdisplay.aspx?textid=29121439




Accessing the Index to Foreign Legal Periodicals (IFLP) will change in the next month.  Ovid Technologies, a Wolters Kluwer company, is migrating access to the IFLP from WebSPIRS to OvidSP in 30 days.  The IFLP is a multilingual subject index to selected international and comparative law periodicals and collections of essays including articles and book reviews that appear in approximately 540 legal journals published worldwide.  For now, you can continue to use IFLP as previously, but if you want to try the new GUI, click on the new link, below.

IFLP: http://0-web5s.silverplatter.com.cardcatalog.piercelaw.edu/webspirs/start.ws?customer=fplc999&databases=IFLP

NEW IFLP link.

Miranda Under Scrutiny

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Recent posts in both the WSJ Law blog and SCOTUSblog talk about a recent Florida Supreme Court case, Florida v. Powell, where Kevin D. Powell of Tampa was convicted of being a felon who had a gun.  His guilty verdict was based in part on a confession to police that a gun found in the home Powell shared with a girlfriend belonged to him.  Powell was given Miranda warnings by detectives who read from a standard form.  The warning included, "You have a right to talk to a lawyer before answering any of our questions."  Powell agreed to talk to them, and then provided the incriminating statement.  He appealed his conviction, challenging the adequacy of the warning that said 'before answering any questions.'  "The 'before questioning' warning suggests to a reasonable person in the suspect's shoes that he or she can only consult with an attorney before questioning; there is nothing in that statement that suggests the attorney can be present during the actual questioning."  That, the Court said, is a direct violation of the Supreme Court's Miranda decision. [Quotes from both blogs.]

Last week, Justice Thomas issued a stay on the Florida Supreme Court ruling in the case until the U.S. Supreme Court can act on a newly filed petition by the State of Florida on the case.

WSJ Law Blog:  http://blogs.wsj.com/law/2009/04/06/will-the-supreme-court-remain-silent-on-florida-miranda-case/

SCOTUSblog:  http://www.scotusblog.com/wp/what-does-miranda-require/
A California lawyer changed his vote as a juror so that he could get back to his law practice should be disbarred, the California Bar Court, Review Department, concluded March 6 (In re Fahy, Cal. Bar Ct. Review Dep't, No. 05-O-05123, 3/6/09).  In its opinion, the court pointed out that Attorney Francis T. Fahy already was under suspension for misappropriating client funds, and that in the proceeding, a med mal case, he refused to acknowledge the seriousness of his misconduct in the jury room. Read more on ABA/BNA Lawyers' Manual on Professional Conduct at 25 Law. Man. Prof. Conduct 171.

http://0-lawyersmanual.bna.com.cardcatalog.piercelaw.edu/mopw2/
Expert witnesses are used in a wide range of litigation and their opinions are often viewed as critical. Many trials have turned into a battle of the experts. Yet few attorneys take the time to find the right experts, evaluate their credentials, and/or assess the admissibility of their testimony. Students who anticipate a career in litigation should learn how to research experts.  A white paper discusses how to verify credentials and research the background of expert witnesses.

"Consider the case of the attorneys in Chicago who discovered, after the jury had rendered its verdict, that the opposing expert had falsified his credentials (e.g. an engineering degree from West Point). The judge rejected those attorneys' request for a new trial and reminded them of their duty to conduct thorough research."

http://www.expertwitnesswhitepaper.com/
The Federal Circuit held on March 20, the U.S. Patent and Trademark Office rule 78 dealing with the availability of continuation applications for patents is invalid because it was adopted outside the PTO's rulemaking authority.  Tafas v. Doll, Fed. Cir., No. 2008-1352, 3/20/09.  Read more on U.S. Law Week (77 U.S.L.W. 1586).

http://0-news.bna.com.cardcatalog.piercelaw.edu/lwln/

Criminal Law




    Harbison v. Bell (Decided 04/01/2009)
    7-2 Opinion by Justice Stevens on federally funded counsel in state clemency proceedings.


Employment Discrimination




14 Penn Plaza LLC v. Pyett (Decided 04/01/2009)
    5-4 Opinion by Justice Thomas on an arbitration clause in a collective bargaining agreement.


Environment





Entergy Corp. v. Riverkeeper Inc. (Decided 04/01/2009)
    6-3 Opinion by Justice Scalia on the Clean Water Act and the regulation of power plant cooling structures.





PSEG Fossil LLC v. Riverkeeper Inc. (Decided 04/01/2009)
   




Utility Water Act Group v. Riverkeeper Inc. (Decided 04/01/2009)

Links are to U.S. Law Week.
More analysis on SCOTUSblog.

Stacey Graham Writes and Writes

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Stacey Graham, a Pierce Law 3L, has found several ways to keep busy. She has served as the Law Student Division liaison to the ABA section of State and Local Government Law. She has also published pieces across a broad spectrum of scholarship.

Her interview with Adriane J. Dudley appeared in the ABA's State and Local Law News and in Law Practice Today. Both featured insights on being a legal rainmaker.
Access it at http://www.abanet.org/lpm/lpt/articles/wr10081.shtml .

She wrote a piece for her local bar's (Philadelphia Bar Association) publication: Upon Further Review. It analyzed a recent decision which ruled that "municipalities do not have the authority to privatize parkland that is actively used for recreation". Philadelphia was not allowed to issue a long term lease of Burholme Park to Fox Chase Cancer Center. Her title clearly states the outcome: "Court to City: Parks too Precious to Privatize".
Read it at http://uponfurtherreview.philadelphiabar.org/page/Article?articleID=f2a0e20f-a303-4011-ac39-474eb475f046

She's also been published in the premier journal for law students in the US, with the article "Municipal lawyers will likely play a significant role in our national economic recovery: Learn about beginning a career in this practice area", appearing at page 32 of the April 2009 Student Lawyer.
Log in or create an account at http://www.abanet.org/abanet/common/login/securedarea.cfm?areaType=premium&role=ls&url=/lsd/mo/premium-ls/studentlawyer/apr09/graham.shtml

And the best shall be last: Stacey's extensively footnoted scholarly article on water law has been published in Urban Lawyer. It is cited as Stacey Graham, ABCs of stream crossing: Reducing flooding and barriers to aquatic life passage under current federal and state regulations of wetlands, 40 Urb. Law. 953 (2008).
Sign on to Westlaw and enter 40 URBLAW 953 in the Find By Citation field for full text of this article.

These articles list Stacey as a student at Pierce Law.


Frustrated by a perceived inability of the federal government to enforce immigration laws, states and localities have taken to adopting legislation for dealing with illegal aliens.  Such laws have spawned lawsuits centered around the supremacy of the federal plan.  Congress agreed to extend E-Verify for six months, until Sept. 30, 2009.  E-Verify is the federal system "under which employers may check the work authorization status of employees and prospective employees against Department of Homeland Security and Social Security Administration databases."  However, Illinois considers the system unreliable and has legislated against its use.  More from U.S. Law Week (77 U.S.L.W. 1573).

http://0-news.bna.com.cardcatalog.piercelaw.edu/lwln/

About this Archive

This page is an archive of entries from April 2009 listed from newest to oldest.

March 2009 is the previous archive.

May 2009 is the next archive.

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