Sunday, February 5, 2017
Friday, February 3, 2017
Papers from the collection of the American Civil Liberties Union are now available to researchers through a database provided by GaleCengage. American Civil Liberties Union Papers, 1912-1990 [UW Restricted], a collection of clippings, client and member correspondence, case files, legal briefs, and administrative documents, will be interesting to law students who want to dig deeper into the history of some of the most-studied constitutional law cases of the 20th century.
Sunday, January 15, 2017
The Library of Congress jointly sponsors a historic newspaper database. Get your old news for the years 1789 through 1924. Free.
Describing the general public's first impression of events adds another dimension to legal scholarship. Newspapers give context to events like reluctant progress in women's employment rights. Newspaper accounts also help complete the picture of the fourth branch of government's influence.
Available in old news: summaries of major historic cases, accounts of historic elections, reports of speeches from important figures, interpretations of economic developments, enthusiasm for then-new inventions. There are 318,605 results for pages published in Washington state.
This database has advanced search options: proximity terms, phrase searching, and Boolean logic. A researcher can limit by year or date range (m/d/y – m/d/y). Other limiters include publication location, newspaper title, and front page only/specific page.
Thursday, January 12, 2017
Preventing Nepotism in the Federal Civil Service deals with criminal laws prohibiting nepotism in titles 5 and 18 of the U.S. Code, specifically:
- Donald Trump's "First Attempt to Ignore the Law," Washington Post, Jan. 10, 2017
- Why Anti-Nepotism Law Might Not Apply to Kushner Appointment, New York Post, Jan. 10, 2017
- Some Thoughts on Jared Kushner and the Anti-Nepotism Law, Notice & Comment, Nov. 20, 2016
- No Consensus on Anti-Nepotism Law and Jared Kushner Appointment, Washington Post, Jan. 10, 2017
Tuesday, January 10, 2017
Professors Knudsen and Watts couldn't let everyone into the class, but they could ask the library to help them share their reading list. Our new Presidential Power guide opens up their course readings to anyone who's interested, along with a few additional resources that will be useful to people studying the topic.
Graphic: Presidential Seal from Wikipedia
Monday, January 9, 2017
The City of Seattle guarantees even higher wages for workers. Minimum wage for Seattle is based primarily on two factors: size of the company and whether the employer pays towards medical benefits. For example, a worker at a company with over 500 employees where the employer does not contribute $2 towards medical benefits will earn $15/hr in 2017. This is one of the highest minimum wages in the country; but is it enough? Many argue it's not even close, while others predict dire consequences with high minimum wages. How did we get here and has anything changed in the last 80 years since the first minimum wage?
To complement the program, Prof. Collins asked the library to compile a selected list of local social justice organizations. Some of the organizations, like the ACLU of Washington, Legal Voice, and the Northwest Immigrant Rights Project, use the tools of the law to further their missions. Others are more grassroots. We hope the list will be useful to the campus community.
Speech & Counter Speech: Rights & Responsibilities
Tuesday, Jan. 10, 2017, 4-6 pm
Light refreshments 4-4:30
wǝɫǝbʔaltxʷ – Intellectual House
Thursday, December 29, 2016
But you can conquer your fear. One step toward that might be understanding it better. To that end, check out David Ziff's thoughtful (and entertaining!) review essay, The Worst System of Citation Except for All the Others, forthcoming in the Journal of Legal Education.
One of the authors of The Complete Legal Writer blog gave Prof. Ziff's review a big thumbs up yesterday. She also insightfully observed:
I’d argue that the hardest part of learning legal citation is not mastering The Bluebook, not learning the italics and the abbreviations and the periods. Rather, it’s learning the judgment required to know what to cite, and when, and for what purpose. After all, as a system of communication that is built upon precedent, legal writing in the Anglo-American legal system depends on citation in ways that other fields do not and never will. Citation is integral to how our meaning gets made.Amen to that. Sure, you need to figure out the rules for citing law review articles, treatises, cases, and the rest. But that's just a matter of looking up the rules and following examples. The harder task if figuring out when to cite a law review article, a treatise, or a case.
For some help with The Bluebook, check out our guide, Bluebook 101.
Graphic by Mary Whisner
UW Law activities at the meeting include:
- Helen A. Anderson, William S. Bailey, Benjamin S. Halasz, and Kathleen McGinnis will speak on experiential learning in legal writing programs.
- Jennifer S. Fan will speak on corporate venture capital; Prof. Fan is also participating in a discussion on why transactional law matters.
- Anita K. Krug is the chair-elect of the Section on Securities Regulation.
- Aline Carton Listfjeld and Hugh Spitzer will participate in a discussion on leadership in the law school curriculum.
- Emily McReynolds will speak on a panel about using technology to increase access to justice and law school engagement. Michele Storms, now at the ACLU of Washington, will moderate that panel; she's finishing up her term as chair-elect of the Section on Pro-Bono and Public Service Opportunities.
- Peter Nicolas will speak on LGBT legal issues after Obergefell.
- Dean Testy is all over the meeting in her role as president. She's also speaking on a panel on the future of corporate governance.
Wednesday, December 21, 2016
The Si'lailo Way: Indians, Salmon and Law on the Columbia River, by Joseph C. Dupris, Kathleen S. Hill &William H. Rodgers Jr. See publisher's page.
For more on fishing controversies in the Northwest, see:
Messages from Frank's Landing: A Story of Salmon, Treaties, and the Indian Way, by Charles F. Wilkinson (2000)
Where the Salmon Run: The Life and Legacy of Billy Frank Jr. , by Trova Heffernan (2012)
Empty Nets: Indians, Dams, and the Columbia River, by Roberta Ulrich (1999) The nature of borders : salmon, boundaries, and bandits on the Salish Sea, by Lissa K. Wadewitz (2012)
You can also stream a documentary through UW Libraries subscriptions: River People: Behind the Case of David Sohappy (1991)
Friday, December 16, 2016
Tuesday, December 13, 2016
But recent revelations in the medical community regarding players' health and well-being have raised ethical and legal considerations around the sport I love. You may have seen the Will Smith driven biopic Concussion this time last year, or noticed the Congressional hearings held this past March.
Wednesday, November 30, 2016
|Samuel L. Clemens (Mark Twain) postage stamp, 1940.|
Hi-res scan of postage stamp by Gwillhickers. Wikipedia.
Toni Morrison said her 8th grade experience with the book "provoked a feeling I can only describe now as muffled rage, as though appreciation of the work required my complicity in and sanction of something shaming." Ernest Hemingway praised the book so highly that he claimed "all modern American literature comes from Huckleberry Finn."Sharon E. Rush, Emotional Segregation: Huckleberry Finn in the Modern Classroom, 36 U. Mich. J.L. Reform 305, 305-06 (2003) (footnotes omitted). That juxtaposition of comments from two American Nobel laureates sums up the conflict. For further discussion, see:
Thursday, November 17, 2016
You might not know how the Electoral College works. Article II, Section 1 of the United States Constitution requires each state to appoint a number of electors equal to that state’s congressional delegation. The state can appoint those electors however it sees fit. When a person votes for president, she is not actually voting for the president. Instead, she is voting for the electors chosen by the state that she voted in. Those electors then vote for president, overwhelmingly voting according to the popular vote of the state that they represent. If you want to know more about electors, you might find this National Archives site helpful.
Some have expressed dissatisfaction with the Electoral College and have made efforts to align it more closely with the popular vote. One approach would be to amend the constitution to remove the Electoral College. This would be very difficult, as Article Five of the United States Constitution requires 3/4 of the states to ratify any amendment. The process is so onerous that Justice Antonin Scalia once listed it as the one thing that he would change about the United States Constitution in a C-Span interview. With that said, attempts at amendment are not unheard of. This CQ Almanac article recounts a 1969 attempt to replace the Electoral College with a plurality system with a runoff for elections in which no candidate received 40% of the vote that passed the house but failed to pass the Senate.
Barring a constitutional amendment, any change in the system will occur at the state level. Two states, Nebraska and Maine, divide their electoral votes proportionately, with the state winner receiving two electors and the winner of each congressional district receiving one elector.
A third option is the National Popular Vote Interstate Compact, discussed by its founders here. Article 1, Section 10 of the United States Constitution allows states to enter agreements or compacts with other states so long as they have Congressional approval. The Court has deemed congressional approval necessary when those agreements increase the power of the states at the expense of the federal government (Virginia v. Tennessee, 148 U.S. 503 (1893)). The Compact would require each member state to allocate its electoral votes according to the national popular vote, rather than the popular vote of their state. The Compact would not become binding until states containing 270 electoral votes had joined. Currently only states representing 168 Electoral Votes have joined the compact.
Efforts to challenge the Electoral College are almost as old as the College itself, and these new attempts are unlikely to succeed on a national level given the increasingly partisan nature of the electoral college debate, as discussed here on FiveThirtyEight. Still, it is worth thinking about these sorts of institutions and what sort of alternatives may exist to them.
Wednesday, November 9, 2016
President Obama has commuted more sentences than all the presidents since Truman, combined.
|Graph comparing commutations by 12 presidents.|
Wednesday, September 28, 2016
What: Constitution Read-Aloud.
When: Friday, October 7, 2016, 12:00 - 1:15pm.
Where: Outside the Suzzallo Library Main Reading Room (3rd Floor).
Monday, September 26, 2016
Wednesday, September 21, 2016
|Constitution, from National Archives|
After the handwritten copy, there were a number of privately printed versions, which had their own variants. In 1847, 60 years after the Constitutional Convention, there was finally a printed Consitution certified by the Secretary of State (James Buchanan) to be "correct, in text, letter, & punctuation."
You can read more in Henry Bain, Errors in the Constitution—Typographical and Congressional, Prologue (the magazine of the National Archives), Fall 2012.
Hat tip to Orin Kerr (@OrinKerr) who tweeted the link on Sept. 18. Like Prof. Kerr, we don't think that celebrations of the Constitution should be limited to Constitution Day (Sept. 17). We hope you enjoyed living under the Constitution on Sunday and continue to value our founding document.
Tuesday, September 13, 2016
|Charlie and the Chocolate Factory illustration from RoaldDahl.com|
Thursday, September 8, 2016
|Star Trek 50 logo from StarTrek.com|
John G. Browning, To Boldly Go Where Few Judges Have Gone before: How the Bench Is Using a Pop-Culture Sci-Fi Classic to Explain Its Decisions, 76 Tex. B.J. 765 (2013)
Paul Joseph & Sharon Carton, The Law of the Federation: Images of Law, Lawyers, and the Legal System in Star Trek, the Next Generation, 24 U. Tol. L. Rev. 43 (1992)
Richard J. Peltz, On a Wagon Train to Afghanistan: Limitations on Star Trek's Prime Directive,
25 UALR L. Rev. 635 (2003)
Lawrence D. Roberts, The Interstellar Relations of the Federation: International Law and Star Trek - The Next Generation, , 25 U. Tol. L. Rev. 577 (1994)
Thomas C. Wingfield, Lillich on Interstellar Law: U.S. Naval Regulations, Star Trek, and the Use of Force in Space, 46 S.D. L. Rev. 72 (2001)
What are the property rights of a global entertainment franchise like Star Trek or Harry Potter? See Kathy Bowrey, The New Intellectual Property: Celebrity, Fans and the Properties of the Entertainment Franchise, 20 Griffith L. Rev. 188 (2011)
And if you read French, see:
Fabrice Defferrard, Star Trek: Paradigme Juridique et Laboratoire du Droit
45 Rev. Gen. 613 (2015)
We librarians can't beam you up from a sticky situation or pilot a starship at warp speed. But we do provide you with lots of great resources (like HeinOnline) and we can help you explore the information universe.
(The hash tag #LLAP50 evokes to the classic salutation "Live long and prosper."
Tuesday, September 6, 2016
This summer we set up "GallagherFYI" lists to help us send out current awareness items to groups of people. We have lists for children's issues, criminal justice, environmental law, health law, IP and technology, international development, legal profession, social justice, and writing.
The lists aren't meant to be comprehensive; they're just a convenient way for us to share information that we think will be interesting and useful to you. Each message is clearly labeled with the list name--e.g., [GallagherFYI-SocialJustice]--to help you triage your inbox. If you're interested, we'll be happy to subscribe you.
Wednesday, August 31, 2016
During his long and distinguished career Justice Smith worked as a Superior Court judge, a prosecuting attorney, and professor and associate dean of the University of Washington School of Law.
Learn more about Justice Smith at the Gallagher Law Library's memorial page.
Monday, August 15, 2016
Promoting Officer Integrity Through Early Engagements and Procedural Justice in the Seattle Police Department (May 2016, 149 pages).
From the abstract:
Sunday, August 14, 2016
|Photo collage by Brenan Sharp|
For an overview, see the pages on Miranda in the U.S. Courts' materials for schools.
Here are some of our recent books on confessions:
- Richard Rogers & Eric York Drogin, Mirandized Statements: Successfully Navigating the Legal and Psychological Issues (2014) (ABA)
- Barry C. Feld, Kids, Cops, and Confessions Inside the Interrogation Room (2012) (e-book)
- Lawrence S. Wrightsman & Mary L. Pitman, The Miranda Ruling: Its Past, Present, and Future (2012)
- Alan M. Goldstein & Naomi E. Sevin Goldstein, Evaluating Capacity to Waive Miranda Rights (2010)
- Rob Warden & Steven A. Drizin, True Stories of False Confessions (2009)
- Gary L. Stuart, Miranda: The Story of America's Right to Remain Silent (2004) (also available as e-book).
- Richard A. Leo, Police Interrogation and American Justice (2008) (also available as e-book)
How could you choose which law review articles to start with?
Here's a neat trick in HeinOnline. I searched for articles with confess* in the title (the asterisk makes the search include variants, like "confessing" and "confessions"). Result: 1,207 items.
I sorted them to show the articles that have been cited the most at the top of the list.
The most cited was Developments in the Law: Confessions, 79 Harv. L. Rev. 935 (1966), a big survey (nearly 200 pages!) published in March 1966, three months before the Supreme Court decided Miranda.
Next are a couple of works looking at false confessions: Steven A. Drizin & Richard A. Leo, The Problem of False Confessions in the Post-DNA World, 82 N.C. L. Rev. 891 (2004); Richard A. Leo & Richard J. Ofshe, Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation, 88 J. Crim. L. & Criminology 429 (1998).
If you want to know the latest developments, you can sort to see the most recent article first: John C. Sheldon, Common Sense and the Law of Voluntary Confessions: An Essay, 68 Me. L. Rev. 119 (2016).
Searching for "confess*" in the title was very simple. You can put together more complex searches, too. E.g., if you search for "McMurtrie" as an author and "false" within five words of "confession*" in the text, you'll find Jacqueline McMurtrie, The Role of the Social Sciences in Preventing Wrongful Convictions, 42 Am. Crim. L. Rev. 1271 (2005).
Monday, August 1, 2016
According to a NARA blog post:
These specially curated exhibits feature historic photos, documents, videos, and stories related to the history and evolution of elections, how we amend the Constitution, political cartoons and campaign memorabilia.Those of you who just can't get enough of the Democratic and Republican political conventions might enjoy Stories from American Political Conventions. It features photos and interviews with reporters who covered the conventions.
Other exhibits in this collection include:
- Abraham Lincoln and the 1860 Election
- Every Four Years: Presidential Campaigns and the Press
- Voting and Elections in Early America