Wednesday, January 21, 2009

Recent Article by UW Law Faculty Member on Justice O'Connor

Professor Stewart Jay recently published an article tracing Justice O'Connor's opinion's on abortion rights throughout her career. Ideologue to Pragmatist?: Sandra Day O'Connor's Views on Abortion Rights, 39 Ariz. St. L.J. 777 (2007). Westlaw

Jay states that O'Connor was neither an ideologue nor a pragmatist when it came to her decisions on abortion. Rather, she believed that the question of abortion belonged either in the legislative domain or in the individual woman's conscience. As both a legislator and a judge, O'Connor faced legal questions regarding abortion and believed the issue to be complex.

Once a member of the United States Supreme Court, O'Connor did not draw from the right-to-privacy line of cases when drafting her opinions. Instead, she created a "new" standard, the "undue burden test," which was eventually cited in Planned Parenthood v. Casey and became the national standard for determining limitations on abortion rights.

O'Connor was did not look at the issue of abortion without examining its context within the landscape of fundamental rights jurisprudence and how that shifted during her time on the bench. It is unclear whether the Court's 5-4 decision in upholding the Federal Partial-Birth Abortion Ban would have been decided differently if O'Connor were still on the bench.
However, during her tenure at the Supreme Court, the central holding of Roe v. Wade was continually reaffirmed.

-- Jennifer Wertkin

Tuesday, January 20, 2009

Slate on the New White House Website

fyi: I Do Solemnly Swear That I Will Blog Regularly: Touring the new Whitehouse.gov. - By Farhad Manjoo - Slate Magazine, Jan. 20, 2009.

The White House Is Blogging

President Obama's team moved quickly to load new content onto the White House's website, including three blog posts datestamped 12:01 p.m.

Prof. Mary Hotchkiss told me that she was discussing government publications in Legal Research II today and showed the class the new White House site minutes after it was up. She tried to show the old site, but couldn't get through on the Internet Archive (a very useful site for viewing snapshots of websites as they were in the past). In an update to her students (which she shared with me) she wrote:
I've just seen that the Inaugural Address is posted on the *new* Obama White House website. Researchers should be delighted with the speed that information is being posted. Although the Internet Archive (Wayback Machine) was not responding well today, the archived links show that the January 20, 2001, transition was much bumpier. The robust Clinton White House page was replaced with a skeletal Bush White House page, which had little content until mid-February 2001...
Remember our promise last week of occasional prizes for readers of this blog? The first UW Law student, staff member, or professor who emails the Reference Office with the phrase "government information" will win a small treat. Update (Jan. 21): We have a winner. Keep reading!

Saturday, January 17, 2009

Recent Intellectual Property Articles by Three UW Law Faculty

Three UW Law faculty members recently published articles in a Japanese Intellectual Property publication, “I.P. Annual Report: 2008” [Bessatsu NBL no. 123]. All four articles are in Japanese (Professors O’Connor and Naeve’s articles are translated into Japanese from English). Below are summaries authored by Rob Britt, Japanese Legal Materials Specialist within the Library's East Asian Law Department. We expect to receive the Library's copy of “I.P. Annual Report: 2008" in the next few months.

Toshiko Takenaka, Beikoku ni okeru chizai no ugoki (Developments in American Intellectual Property), I.P. Annual Report: 2008 (Bessatsu NBL no. 123), at 127.
Professor Toshiko Takenaka summarizes developments in the past year in American Intellectual property. Highlights include a description of the bill to revise the U.S. patent law, revisions to the rules regulating the US Patent and Trademark Office decisions, and an overview of current developments in US trademark and copyright law.

Toshiko Takenaka, Beikoku ni okeru chiteki zaisan soshō no genjō to tenbō (Current conditions and prospects for cases in American intellectual property), I.P. Annual Report: 2008 (Bessatsu NBL no. 123), at 181.
Professor Toshiko Takenaka provides an introduction to, and an update on the U.S. intellectual property court system and its procedures. She first outlines the US Court of Appeals for the Federal Circuit, and explains its importance with regard to intellectual property. This is followed by a sketch of the most important characteristics of patent procedure in the US, and a review of the various US courts that handle intellectual property. A listing and brief analysis of the current intellectual property cases is also provided.


Sean O’Connor, Beikoku kenpō no IP jōkō no shita ni okeru tokkyo taishō no kagakushi kara no kenshiki ni motozuita saiteigi] (Redefinition of views on the objects of patents founded in scientific history under the IP articles in the U.S. Constitution), I.P. Annual Report: 2008 (Bessatsu NBL no. 123), at 289.
In this article, Professor O’Connor reviews the history of patentability under the U.S. Constitution. He discusses in detail the so-called “Progress” and “IP” articles in the Constitution, and continues with an analysis of “science” as interpreted in the Constitution and constitutional court decisions.

Signe Naeve (with co-panelists), RCLIP tokubetsu seminā: Hōsō kontentsu no tensō o meguru shisutemu teikyōsha tō no chosakukenhō jō no sekinin : Ei-Bei no jōkyō o fumaete (Special RCLIP Panel: Liability under the copyright law of individuals providing a system to transmit the contents of a broadcast: Based on current conditions in England and the United States), I.P. Annual Report: 2008 (Bessatsu NBL no. 123), at 309.
Professor Naeve (Brunstad), with co-panelists Jonathan Griffiths, Tetsuya Imamura and Ryu Takabayashi at a presentation to RCLIP (Research Center for the Legal System of Intellectual Property [at Waseda University]), discussed liability under copyright law of individuals who provide systems for transmitting broadcast contents. Professor Naeve’s presentation centered on current conditions in the United States, comparing the U.S. situation with Japan and using U.S. cases to illustrate her points. She laid out the framework of laws and regulations underlying the American copyright liability environment, and discussed recent changes in the legal structure with regard to broadcasting. Finally Naeve reviewed court decisions on copyright infringement in the U.S. and discussed their implications for the future of copyright in this area. Questions from the audience following the presentations and the panelist’s answers were included in the article.

Friday, January 16, 2009

Comparing Online Tax Research Services

In The Virtual Tax Library: A Comparison of Five Electronic Tax Research Platforms, the authors provide side-by-side comparisons of the primary sources and functions of the tax collections from:
  • Bureau of National Affairs (BNA)
  • Commerce Clearing House (CCH)
  • LexisNexis
  • RIA Checkpoint
  • Westlaw
UW Law faculty, students, and staff have access to four of these five services (CCH is the exception).

Thursday, January 15, 2009

What's in It for You?

We started up this blog a couple of months ago as a way to share tips, news, and resources with you. We hope that the content will make reading it worthwhile. But while we're building our readership, we thought we'd sweeten the pot by offering some small rewards (including chocolate) to UW Law School people who visit the blog.

From time to time, you'll spot a note in a blog post saying that we'll give a prize to the first person to email the Reference Office with a special pass phrase. Only UW Law School students, staff, and faculty are eligible for these modest prizes. (Contributors to the blog are not eligible.)

Here's the first: to win a prize, email the Reference Office with the phrase "check the pocket part." We'll let you know if you've won the prize and can pick it up from the Reference Office. (And we'll post a note here when the prize has been claimed.)

Update (5:15 p.m.):

Congratulations to Cindy Fester, who wins the prize.

Keep your eyes open: we'll offer more prizes soon!

Criticism of Ex-Official in Hiring at Justice Dept.

Criticism of Ex-Official in Hiring at Justice Dept. - NYTimes.com:
A former senior official at the Justice Department routinely hired Republicans, Federalist Society members and “R.T.A.’s” — “Right-Thinking Americans”— for what were supposed to be nonpolitical posts and gave them plum assignments on civil rights cases, an internal department report released Tuesday found.

* * *

The report goes beyond the conclusions of three previous internal Justice Department inquiries in exposing the depths of political interference with personnel decisions. The conclusions of the latest inquiry, the first to focus on the Civil Rights Division, are likely to figure in the Senate hearing Thursday for Eric H. Holder Jr.’s confirmation as attorney general.
The report is: U.S. Dep't of Justice Office of the Inspector General & U.S. Dep't of Justice Office of Professional Responsibility, An Investigation of Allegations of Politicized Hiring and Other Improper Personnel Actions in the Civil Rights Division (July 2, 2008; released publicly Jan. 13, 2009).

Monday, January 12, 2009

MLK Day

On Monday, Jan. 19, we celebrate the life and work of Dr. Martin Luther King, Jr.

The Library will be open from 8am - 5pm and the Reference Office will be open from 1 - 4pm.

Coming a day before the inauguration of the country's first African-American President, this year's Day of Service is especially important. How can you make a contribution?

The King Day of Service website offers many service ideas and links to organizational partners in this effort. USAService.org lets users search for events by zip code and type of event. Organizations and individuals can get more information about hosting and registering their events.


Looking for inspiration directly from Dr. King? Visit the Martin Luther King, Jr. Research and Education Institute at Stanford University, which manages the King Papers Project. It provides access to many of Dr. King's quotations, sermons, and speeches.

The Legislative Process: A New Legal Research Guide

A new legal research guide on The Legislative Process has been added to the Law Library website. It features books, websites, and a few articles on:

  • bill drafting
  • the legislative process
  • legislative history and intent
  • lobbying
  • legislative ethics

The guide was developed for students in Prof. Lea Vaughn's Legislation seminar. It complements existing guides on Federal Legislative History and Washington State Legislative History.

Professor O'Connor's article about the UW Law's Entrepreneurial Law Clinic

Sean M. O’Connor, How to Build IPR-Focused Entrepreneurial Law and Business Clinics to Assist Regional Economic Development Around the Globe, (International Intellectual Property Institute, Washington, D.C., 2008). UW Law Professor Sean O’Connor is founding Director of the UWLS Entrepreneurial Law Clinic as well as Associate Director of the Center for Advanced Studies and Research on Intellectual Property (CASRIP). In this article, which is part of the “How To” series published by the International Intellectual Property Institute, Professor O’Connor describes the role of intellectual property rights and entrepreneurship clinics as tools for fostering local economic development and social justice. He provides details about the UWLS Entrepreneurial Law Clinic and he explores the possibility of expanding such services to developing countries to benefit entrepreneurs and social justice concerns.

Recent UW Law Faculty Publication

Scott A. Schumacher, MacNiven v. Westmoreland and Tax Advice: Using “Purposive Textualism” to Deal with Tax Shelters and Promote Legitimate Tax Advice, 92 Marq. L. Rev. 33 (2008). In this article UWLS Professor Scott Schumacher analyzes recent legislative and regulatory changes to the standards applicable to tax advice which are aimed at stopping abusive tax shelters. What is in a standard? As a tax advisor, does your position meet the standard of “more likely than not” to succeed? Or the newer “realistic possibility of success”? As Professor Schumacher notes, the “government’s desire to ‘do something’ about the tax shelter problem is understandable. However, in attempting to fix the shelter problem, Congress and the Treasury should not make legitimate tax advice and legitimate tax planning more difficult.” Indeed, he argues for another standard – “purposive textualism” adapted from a British House of Lords’ opinion (MacNiven).

Friday, January 9, 2009

Multistate Bar Exam

Fifty-three jurisdictions require the multistate bar exam (MBE) for admission to the bar; Washington is not among them. However, if you are considering practice in one of those other jurisditions, you may be interested in this latest news. According to an article in the National Law Journal, the National Conference of Bar Examiners, which develops the MBE, is considering adding a new subject to the exam,

What is the new subject under consideration? If approved by the Conference, civil procedure will be added to the areas already covered - torts, criminal law, contracts, real property, evidence and constitutional law. Washington's list of subjects includes the ones above, plus others such as administrative law, business organizations, family law, Indian law/tribal sovereign immunity, and wills, probate, and trusts. Many of the states that use the MBE include additional state-specific questions as well.

For more information about Washington's bar exam (including the full list of subject areas), visit the Washington State Bar Association's website.

Finalists for the Dean of the School of Law

In case you haven't heard, there are four finalists in the search for a new dean of the law school. That is exciting news, but it gets even better - they are each coming to make a presentation and faculty, students, and staff are all invited! All the presentations are to be held in William H. Gates Hall, Room 133, with a reception to follow.

If you are in need of finding out where and when all the good stuff is happening, check this link for specific information about each of the four candidates and a link to each of their CVs (or resumes, if you prefer).

And here are the finalists:
Jim Chen, presenting on January 13 from 3:30 - 4:30, read his CV
Lawrence O. Gostin, presenting on January 15 from 3:30 - 4:30, read his CV
Patricia White, presenting on January 21 from 3:30 - 4:30, read her CV
Kellye Testy, presenting on January 23 from 3:30 - 4:30, read her CV

Enjoy the show!

-- Joe Cera

Wednesday, January 7, 2009

History of Government Bailouts

ProPublica has posted information about US government bailouts from 1970 to date.

From Penn Central and Lockheed to AIG and Chrysler, the page summarizes what happened, the cost of the bailout in 2008 dollars, and the resulting effect on the US treasury. Your money at work, folks!

Monday, January 5, 2009

Legal History Writing Competition

If you are a student in law, history, or librarianship, you can enter the Morris L. Cohen Student Essay Competition. "Papers may be on any topic related to legal history, rare law books, or legal archives." The deadline is April 15, 2009.

The competition is sponsored by the American Association of Law Libraries Legal History and Rare Books Special Interest Section. It honors Professor Emeritus Morris L. Cohen, Yale Law School, a scholar, leader in law librarianship, and mentor to many. Law students might know him as the co-author of Legal Research in a Nutshell (KF240 .C6 2007 at Reference Area); researchers in early American law value his magisterial, six-volume work, Bibliography of Early American Law (KF1 .C58 1998 at Reference Area), which provides access to monographs, lectures, pamphlets, trials, and other materials up to 1860.

Friday, January 2, 2009

State Budget Woes

The Center on Budget and Policy Priorities has a report (updated Dec. 23) on the budget situation in the states: State Budget Troubles Worsen.

The ABA Journal offers an interactive map where you can hover your mouse over a state to see what the budget crisis has done to its justice system (for instance, King County's elimination of its drug court).

Wednesday, December 31, 2008

Library Hours Post-New Year's Eve

Happy Nearly New Year to Everyone!

The Law Library will be open until 5pm on Wednesday, Dec. 31st and then closed from Thursday, Jan. 1 through Saturday, Jan. 3.

The Library will open from noon till 5pm on Sunday, Jan. 4.

Regular hours resume on Monday, Jan. 5, when School of Law classes begin again.

Wednesday, December 24, 2008

Doris Chase, Sculptor

Have you ever wondered about the sculpture in the NW entrance to Gates Hall? To learn more about the artist, see Regina Hackett, Doris Chase, 1923-2008: Artist's work part of Seattle landscape, Seattle P-I, Dec. 23, 2008.

Wednesday, December 17, 2008

ABA's Social Networking Site: Legally Minded


The American Bar Association has launched a new social networking site for the legal community. Legally Minded "is an online community serving the legal profession. Our goal is to create an unparalleled resource that gathers law school students, academics, firm administrators, legal support staff, judges, paralegals, attorneys, law librarians and other professionals to contribute, network, and collaborate online."

The site features a blog, community discussions, job-finding tools, and lots of content from the ABA's website.

Create your own account and the site finds other users who share your interests and career goals.

This new site already has 500 members and is growing daily.

Friday, December 12, 2008

ABA Reports on Human Trafficking

"An estimated 27 million people are victims of human trafficking in the world today, and between 14,500 and 17,000 are trafficked into the United States each year." The American Bar Association has recently released three reports focusing on the legal needs of of victims:

Thursday, December 11, 2008

Vested Interest: Excavating your closet

The aftermath of exam period is the perfect time to rest your eyes and instead turn to a different kind of "legal research"-rifling through the depths of your closet for a professional wardrobe. When deciding whether to keep those brown loafers or send them off to Goodwill, or whether to keep that designer peacock-print silk suit scavenged off the racks of Nordstrom Rack, the experts have a few pointers on appropriate attire at a law firm.

Because associate positions at law firms are highly competitive, the standards for professional attire have become stricter, as recruiters must narrow down larger pools of applicants. Here are five tips on dressing for that first interview, and after you get that dream-job:

1. Conform to the firm's dress standards.

Dress formally. This almost always means a suit and tie for men and a suit with pants or a skirt for women, in neutral colors. Even if your firm's dress is "business casual," make sure that the quality of your clothing is high and your clothes are well-tailored to fit your body.

2. Can't I express myself at all?

Yes, but keep it subtle! Color choice can have a subconscious influence on the perceptions of others. For example, black and red are strong colors often associated with power, while gray and navy are more approachable. Medium blue is a color that is often perceived as friendly and genuine. However, color associations can vary depending on the perceiver's age, gender, cultural background, and personal experiences.

Women can and should wear accessories that reflect their desired image. For example, pearls and simple gold necklaces convey a professional, conservative image, while chunky bead necklaces convey the image of a creative thinker. Don't forget to wear closed-toe shoes. With makeup, keep it natural.

Men can express themselves through their ties. You should still forgo the Jerry Garcia ties, but consider the meaning behind colors. If you want to appear approachable and friendly, consider ties in earth tones or soft greens, or a blue dress shirt. If you are relatively young and want to appear more serious, consider a tie in red with bold stripes paired with a dark suit.

3. Consistent impressions are important, but first-impressions never die.

A low-cut shirt or unkempt hair can leave a lasting impression, even if you do get the job.

4. Avoid image detractors.

Common image detractors for men are 5 o'clock shadow, displaying hairy ankles, and wearing ties of improper length. Ankles should be hidden by socks when sitting. Ties should end at the belt buckle.

The most common image detractor for women is perfume. Many people are allergic, or may not like it.

5. Stand up straight!

This one is very hard for most people; because of sedentary lifestyle, most people have weak backs. However, posture is extremely important for conveying confidence and capability.


For more information on how to dress in the legal field, the articles used in researching this blog post are available in full-text through LegalTrac:


In addition, this article referenced is available through Westlaw:


Now that you are "dressed for success," you can find valuable tips for running the interview gauntlet in Kimm Alayne Walton's book, Guerilla tactics for getting the legal job of your dreams. KF297 .W34 1999. Two copies of the most recent edition are available in the Gallagher Library reference area, and two additional copies are in the classified stacks.

-- Julia Vinson

Congressional Bailout Panel's First Report

The First Report of the Congressional Oversight Panel for Economic Stabilization was issued on Dec. 10th. Titled Questions about the $700 Billion Emergency Economic Stabilization Funds, the 38-page document poses and discusses 10 questions:
  1. What is Treasury's strategy?
  2. Is the strategy working to stabilize markets?
  3. Is the strategy helping to reduce foreclosures?
  4. What have financial institutions done with the taxpayers' money received so far?
  5. Is the public receiving a fair deal?
  6. What is Treasury doing to help the American family?
  7. Is Treasury imposing reforms on financial institutions that are taking taxpayer money?
  8. How is Treasury deciding which institutions receive the money?
  9. What is the scope of Treasury's statutory authority?
  10. Is Treasury looking ahead?

Wednesday, December 10, 2008

UW Law Faculty Publication: Kate O'Neill

Kate O'Neill, But Who Will Teach Legal Reasoning and Synthesis?, 4 J. Ass'n Legal Writing Directors 21 (2007).

In this essay, Professor Kate O’Neill, former Director of the UW Law's Basic Legal Skills program, analyzes the interesting question “would legal education be improved by integrating the first-year legal writing course with an upper-level clinical course?” She addresses the potential benefits for students and faculty as well as possible challenges of such an integration including the need for an increased focus on instruction in neoclassical legal reasoning instruction in doctrinal courses and “the possible decrease in the quality and time devoted to instruction and practice in legal reasoning that might be the unintended consequence of integrating.”

Friday, December 5, 2008

Exam prep

One way to prepare for exams is to look at old exams your professor has given (or maybe exams for the subject that other professors have given). To see the archive, just click on "Exams" in the navigation bar at the top of our homepage (or click here). The archive is restricted to UW users, so you'll need to enter your UW NetID.

Need a little review? Consider the computer-based lessons from CALI. There are hundreds of them, for dozens of law school classes. (If you haven't set up an account yet, you can contact the Reference Office for our school's access code.)

Want a good place to review with a couple of classmates? Remember the group study rooms on L2.

Community Supervision of Dangerous Mentally Ill Offenders

A task force convened by the King County Prosecuting Attorney and the Department of Corrections Secretary released a 160 page report on the mental health and criminal justice systems: Examining the Tools in the Toolbox A Review of Community Supervision of Dangerous Mentally Ill Offenders. A news story on the task force report and investigation, and the tragic circumstances that led to its formation, is in today's Seattle Post-Intelligencer.