World Report on Disability

The World Health Organization and World Bank jointly issued the World Report on Disability earlier this year. The purpose of the report, as stated in the preface is:

. . . to provide the evidence for innovative policies and programmes that can improve the lives of people with disabilities, and facilitate implementation of the United Nations Convention on the Rights of Persons with Disabilities, which came into force in May 2008. This landmark international treaty reinforced our understanding of disability as a human rights and development priority.
The World Report on Disability suggests steps for all stakeholders – including governments, civil society organizations and disabled people’s organizations – to create enabling environments, develop rehabilitation and support services, ensure adequate social protection, create inclusive policies and programmes, and enforce new and existing standards and legislation, to the benefit of people with disabilities and the wider community.

The 350-page PDF report is here. For supplementary information, see: WHO, Disabilities and rehabilitation.

Albert D. Rosellini, Former Gov and UW Law Grad

Former Gov. Rosellini dies at 101, SeattlePI.com, Oct. 10, 2011.

To learn more, see Payton Smith, Rosellini: Immigrants' Son and Progressive Governor, F895.22.R67 S65 1997 at Classified Stacks. Publisher's page.

More than any other person, Rosellini was responsible for the long overdue restructuring of the state's prison and mental health systems, introducing both fiscal and human accountability. His interest in transportation led to the Evergreen Point, Hood Canal, Astoria-Megler, and Goldendale bridges as well as an expanded highway system. His reforms in state budgeting brought the state's financial decisions into the daylight, making detailed scrutiny and accountability possible for the first time, while his work on commerce and trade helped bring the state into its modern position as a player in the Pacific Rim economies. He was a legislative father of the University of Washington's medical/dental schools, and his support of higher education enriched the state's universities and colleges and created a sound, comprehensive junior college system.


Rosellini was the first Italian-American and the first Catholic governor west of the Mississippi. The only son of immigrant parents, he worked to support his family while finishing high school in three years and then passed the bar exam at age twenty-three. Six years later he was elected to the Washington State Senate as its youngest member. One of the New Deal Democratic majority, he quickly gained an insight into the legislative process that served him throughout his career.

UW Reads the Constitution Nov.1

The annual UW Reads the Constitution will be Tuesday, November 1, from 12:00-1:15, outside the Suzzallo Library Main Reading Room (3rd floor).

Readers are needed (and a crowd to listen). It's an interesting and inspirational event.

You can find more information here. And the sign up here. If you are not affiliated with the UW, you are still welcome. Use the ProtectNetwork option or e-mail govpub@uw.edu.

Don't want to read? Just come and listen - you may be surprised!

Derrick Bell, Pioneering Harvard Law Professor, Dies at 80 - NYTimes.com

Confronting Authority book jacket

Derrick Bell, a legal scholar who saw persistent racism in America and sought to expose it through books, articles and provocative career moves — he gave up a Harvard Law School professorship to protest the school’s hiring practices — died on Wednesday in Manhattan.

Derrick Bell, Pioneering Harvard Law Professor, Dies at 80 - NYTimes.com, Oct. 6, 2011.

Check out some of Bell's work:

• The Derrick Bell Reader (Richard Delgado & Jean Stefancic eds.) KF4755 .B45 2005 at Classified Stacks
• And We Are Not Saved: The Elusive Quest for Racial Justice, E185.615 .B39 1987 at Classified Stacks
• Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform, KF4155 .B38 2004 at Good Reads
• Confronting Authority: Reflections of an Ardent Protester, KF292.H325 B35 1994 at Classified Stacks
• Faces at the Bottom of the Well: The Permanence of Racism, E185.615 .B395 1992 at Classified Stacks
• And We Are Not Saved: The Elusive Quest for Racial Justice, E185.615 .B39 1987 at Classified Stacks
• Ethical Ambition: Living a Life of Meaning and Worth (2002) (available from Summit libraries)

Statistical Abstract of the United States: 2012

A new edition of the annual factbook has been released by the U.S. Census Bureau.

The Statistical Abstract of the United States, published since 1878, is the authoritative and comprehensive summary of statistics on the social, political, and economic organization of the United States. Use the Abstract as a convenient volume for statistical reference, and as a guide to sources of more information both in print and on the Web. Sources of data include the Census Bureau, Bureau of Labor Statistics, Bureau of Economic Analysis, and many other Federal agencies and private organizations.

Apple Products in Law Practice

In honor of Steve Jobs, who died this afternoon (Steve Jobs dies; Apple Computer co-founder was 56, Wash. Post, Oct. 5, 2011), here are some blogs for lawyers who use Apple products:

• Criminal Defense Law with an Apple (by Seattle attorney Aaron Pelley)
• Apple Briefs
• iPhone J.D. (for lawyers using iPhones and iPads)
• Mac Law Students
• MacLitigator ("from pencils to iPads")
• MacSparky.com ("reviews, screencasts, and all things Macintosh) (today's post embeds a video of Steve Jobs giving a commencement address in 2005)

Mobile Apps for Law Students and Lawyers is a great guide by our colleagues at UCLA's law library, listing apps for iPhones, iPads—and also Android, Blackberry, Palm, and other devices.

Civil Rights Leader Rev. Fred Shuttlesworth Dies

Reverend Fred Shuttlesworth, who was a leader in Birmingham's civil rights community through the 1950s and 1960s, has died at age 88. See (or hear) Rev. Fred Shuttlesworth, Civil Rights Pioneer, Dies, All Things Considered, NPR, Oct. 5, 2011.

The protests in Birmingham organized by Rev. Shuttlesworth and his colleague Rev. Martin Luther King, Jr., whom he invited to the city, were significant in the passage of the Civil Rights Act of 1964. See David Benjamin Oppenheimer, Kennedy, King, Shuttlesworth and Walker: The Events Leading to the Introduction of the Civil Rights Act of 1964, 29 U. S.F. L. Rev. 645 (1995), available at http://ssrn.com/abstract=1500045.

For more, see:

Nick Kotz, Judgment Days: Lyndon Baines Johnson, Martin Luther King, Jr., and the Laws That Changed America, E847 .K67 2005 at Good Reads. Publisher's page.	Judgment Days book jacket
Alexander Tsesis, We Shall Overcome: A History of Civil Rights and the Law, JC599.U5 T74 2008 at Classified Stacks (currently checked out, but you could request it). Publisher's page.	We Shall Overcome book jacket
And for a look at the local story, see Joan Singler et al., Seattle in Black and White: The Congress of Racial Equality and the Fight for Equal Opportunity, F899.S49 N464 2011 at Classified Stacks. Publisher's page.	Seattle in Black and White book jacket

Global Mondays

To raise awareness and dialogue regarding foreign, comparative, and international law, the UW School of Law presents Global Mondays this year, which will take place every Monday from 12:30pm to 1:20pm in Room 117 of William Gates Hall. The weekly event will continue throughout the school year as a forum that examines the “intersection of law, policy and the role of legal professionals in our increasingly complex and interconnected world.” Global Mondays is an invaluable learning experience for those of us seeking to explore an array of subjects ranging from climate change in Indonesia to women lawyers in Kyrgyzstan and Azerbaijan.

This week, the Asian Law Center hosted the Law Through Global Eyes Lecture. Dr. Myoung Ung Lee, a UW LL.M. candidate in Asian Law and former UW Visiting Scholar, gave a fascinating lecture titled Comparing Judicial Review: U.S. v. South Korea (A European Model).

Dr. Lee demystified the concept of judicial review in different civil and common law systems around the world by detailing its history in the U.S., Europe, and East Asia. He then praised the merits and cautioned against the faults of the various countries’ standards of review, procedure, effects of decisions, and judicial independence in relation to judicial review.

For further reading on the subject, consult Miguel Schor, Mapping Comparative Judicial Review, 7 Wash. U. Global Stud. L. Rev. 257 (2008), available at http://ssrn.com/abstract=988848, and Adam M. Dodek, A Tale of Two Maps: The Limits of Universalism in Comparative Judicial Review, 47 Osgoode Hall L.J. 287 (2009), available at http://www.ohlj.ca/english/documents/03_Dodek_FINAL.pdf.

Next week’s presentation, hosted by the Pacific Rim Law & Policy Journal, will feature the research of two globally engaged UW J.D. candidates:

• Andrew Van Winkle will present Separation of Religion and State in Japan: A Pragmatic Interpretation of Articles 20 and 89 of the Japanese Constitution
• Greg Chiarella will present Sources of law, Sources of Authority: The Failure of the Code of Muslim Personal Laws of the Philippines.

Over the course of the year, students from around the globe will come together to share their unique insights of law in the world.

Session Laws Online

Session laws are the laws published in the order they were passed during legislative sessions. We have a complete set for Washington, of course, but for other states, we've had to rely on microfiche in combination with print. Microfiche is a whole lot better than no access at all, but it can be cumbersome to deal with session laws in fiche, especially if you're trying to trace multiple amendments to a statute over the years.

HeinOnline has been building its Session Laws Library for a few years. And in its September newsletter the company announced that the files now go all the way back to inception for each state. So on HeinOnline you can find, e.g., all the Illinois session laws 1809-2010. For many states, the library even includes territorial session laws. Washington's coverage includes territorial laws, 1854-1888, as well as state laws, 1889- .

Here in Washington, we are fortunate that the legislature has loaded a lot of material on its website. Until recently, you could get session laws back to about 1997—and now the Laws of Washington are available in PDF all the way back to 1889! (The Illinois General Assembly's site has public acts beginning in 1997.)

Many law students turn first to LexisNexis and Westlaw for most of their research. Those systems do have a lot of great content, but in this case, you'd be better off with HeinOnline or the legislature's site if you're looking for anything older than 1988. For instance, on Westlaw, the backfiles of the legislative services for Illinois (IL-LEGIS-OLD) and Washington (WA-LEGIS-OLD) start in 1988. On LexisNexis, the Washington Advance Legislative Service (WAALS) and the Illinois Advance Legislative Service (ILALS) both cover 1989-present.

Update (Oct. 3, 2011): I didn't want to have all my examples be Washington, so I chose Illinois arbitrarily. Today, through my colleague Peggy, I learned that the Western Illinois University Libraries and the Illinois State Library have a project to digitize Illinois laws. The project is incomplete, but you can already see all the laws from the Northwest Territory days through 1920. You can read the laws from when Abe Lincoln was practicing!

This reinforces my point: don't rest with LexisNexis and Westlaw: check to see what other resources are out there!

Photo credit: Microsoft clip art of Illinois license plate

New Faculty Publication: Craig Allen on Teaching Admiralty Law at the UW

Perhaps no other legal topic conjures richer historical images than admiralty law. One can imagine the wooden ships on the high seas, sails in the wind, crashing through the waves.

In spite of the images, admiralty law is far from being a historical relic. In Getting the "Story" out: Teaching Admiralty at the University of Washington, St. Louis Univ. L. J. 621-32 (2011), Professor Craig Allen points out that admiralty touches a number of current legal issues.

Through the article, Professor Allen introduces admiralty as a highly relevant and engaging subject. Though not directly tested on the Washington State Bar, Professor Allen points out that many third year students find the course to be invaluable in bar preparation. Many bar-tested issues are reviewed through the admiralty course, including concepts in constitutional law, torts, and civil procedure.

In addition to unique subject matter, the admiralty course at the UW is taught in an innovative fashion. Shunning the traditional law school model, admiralty is taught as a “mastery course.” In contrast to traditional law courses, mastery courses emphasize more practical problem-solving skills. Rather than a single essay exam, students are given a number of written assignments over the quarter that require them to answer strategic questions that lead to an ultimate outcome.

Admiralty Law courses at the UW are currently offered in alternating years. Sadly, two courses, International Law of the Sea and the Marine Law and Policy Seminar will not be offered this year. However, U.S. Coastal and Ocean Law will be offered in the Spring.

International Translation Day

In honor of International Translation Day (an event promoted by the International Federation of Translators) here are a few items about law in translation:

1. Be careful. Law has many subtleties, and a word-for-word translation might give a horribly wrong impression.
   
2. There are established sources with fairly reliable translations of different laws. For instance, Constitutions of the Countries of the World has English translations of constitutions that are prepared by experts. The set often includes copies in the original languages as well.
   
3. A great source for finding laws in translation for most countries is the Foreign Law Guide, a database linked from the library's homepage.
   
4. The EU's website includes a great tool: IATE (InterActive Tool for Europe). You can enter a term in one EU language and ask for the equivalent in another. For example, if I enter "jurisdiction" in English and ask for it in Spanish (abbreviated ES, for Español), I get
   • competencia,
   • competencia judicial, and
   • jurisdicción
   I can click an entry to read more:
   
   
   
5. The UW's Pacific Rim Law and Policy Journal often  articles or primary materials. Recent translations include:
• Divorce and the Best Interest of the Child: Disputes Over Visitation and the Japanese Family Courts, written by Takao Tanase, translated by Matthew J. McCauley, 20 Pac. Rim L. & Pol'y J. 563 (2011),
• Initial Research on the Malfunctions ofthe Criminal Process, written by Chen Ruihua, translated by Timothy Webster, 20 Pac. Rim L. & Pol'y J. 359 (2011), and
• Patent Protection of Medical Methods—Focusing on Ethical Issues, written by Yusuke Sato, translated by Jiameng Kathy Liu, 20 Pac. Rim L. & Pol'y J. 125 (2011)

Curious about why September 30 was chosen to be International Translation Day? It honors St. Jerome, the patron saint of translators (because of his translations of the Bible). For more about Jerome, see these articles in The Interpreter Hall of Fame, the Catholic Encyclopedia, and Catholics Online. He is also listed as the patron saint of students and of librarians, so we all have something in common.

Scientific Evidence for Judges - and Others

DNA identification, economic estimates of damages, psychiatric evidence of competence to stand trial, engineers' testimony about product defects—there's a lot of scientific testimony in today's courtrooms. How can judges—who are not statisticians, geneticists, economists, epidemiologists, engineers, or psychiatrists—intelligently manage this flood of information?



To address this challenge, the Federal Judicial Center and the National Research Council have published the Reference Manual on Scientific Evidence. The first edition was in 1994, the second in 2000, and the third edition was released yesterday.

This book would be useful to anyone wanting an introduction to scientific evidence. Chapters include:

• The Admissibility of Expert Testimony
• How Science Works
• Reference Guide on Forensic Identification Expertise
• Reference Guide on DNA Identification Evidence
• Reference Guide on Statistics
• Reference Guide on Multiple Regression
• Reference Guide on Survey Research
• Reference Guide on Estimation of Economic Damages
• Reference Guide on Exposure Science
• Reference Guide on Epidemiology
• Reference Guide on Toxicology
• Reference Guide on Medical Testimony
• Reference Guide on Neuroscience
• Reference Guide on Mental Health Evidence
• Reference Guide on Engineering

The book is available for free reading online; you can also download a PDF of any chapter or of the whole book. And the library will soon order it in paper.

See Science Manual for Judges Updated, Law Technology News, Sept. 29, 2011.

Supreme Court Watching

Would you like to know what cases are coming up at the Supreme Court?

Supreme Court building

The LII Supreme Court Bulletin (from the Legal Information Institute at Cornell) is an email newsletter that summarizes upcoming cases. This year's first issue, Sept. 16, highlights seven important cases the editors selected. The Sept. 23 issue, for instance, summarizes the six cases that will be argued Oct. 3, 4, and 5.

While the LII Supreme Court Bulletin offers just brief summaries in an unadorned format, SCOTUSblog provides analysis and commentary about pending cases, decided cases, cases that were denied review, advocacy, and more. The blog was founded by a couple of lawyers who frequently have cases before the Court. Now the team includes an experienced journalist and contributing law professors.
For almost 40 years, the American Bar Association has published Preview of United States Supreme Cases as part of its public education mission. Now in addition to the magazine, there's a rich website. You get the articles analyzing selected cases before they are argued. AND you get reporting after they are arguem. But wait, there's more! You also get PDFs of ALL the briefs in ALL the cases before the Court!

And of course you can visit the Supreme Court's own website. The docket will let you track the filings and argument dates for cases. After a case has been argued, you can listen to an audio recording or read a transcript. And after the case is decided, you can read the Court's opinion. You can also find information about the Court, such as biographies of current Justices.

By the way, have you noticed the display about the Supreme Court at the law library's entrance? Take a look next time you come in.


Photo credit: www.supremecourt.gov

Women on the Federal Bench

Sandra Day O’Connor sworn in, September 25, 1981.

Today is the 30th anniversary of Sandra Day O'Connor being sworn in as a Supreme Court Justice.

The appointment of the first woman to the Supreme Court was very big news back in 1981, when I was a law student. But most of today's law students have always had at least one woman one the Supreme Court. Today's 1Ls are starting law school with three female justices on the Court. (Beloit's Mindset List annually offers reminders of how a younger generation's experience differs from the last's.)

So I thought this might be a good occasion to offer some stats about the representation of women on the federal bench. I'm using a fascinating database from the Federal Judicial Center, The Biographical Directory of Federal Judges.

First, how many women did Justice O'Connor join when she was sworn in?

51 women had been been commissioned before Sept. 25, 1981. Only 23 were still serving. (That is, their commission date was before that date, but their termination date was after it.)

And what were the corresponding numbers for men?

2023 men had been commissioned, and 619 were still serving.

President Reagan made history by appointing the first woman to the Supreme Court. What was his record throughout the federal courts?

court	women	men
U.S. Supreme Court	1	3
courts of appeal	6	77
all federal courts	30	334

An important part of the historical context is that women were a minority in the legal profession. 1972 was the first year when women were over 10% of law school enrollment nationally, so in the 1980s there'd wasn't as large a pool of experienced female lawyer from whom to select judges as there is today.

Speaking of today, what is the makeup of our federal bench now?

All Sitting Federal Judges (including those on senior status)

Race or Ethnicity	women	men
African American	38	81
American Indian	0	1
Asian American	6	10
Hispanic	23	56
White	208	861
Total	278	1015

Photo credit: National Archives Today's Document blog, Sept. 25, 2011.

New Faculty Publication: Professor Penny Hazelton on the Education and Training of Law Librarians

Penny A. Hazelton, The Education and Training of Law Librarians, in THE IALL INTERNATIONAL HANDBOOK OF LEGAL INFORMATION MANAGEMENT 43-64 (Richard A. Danner & Jules Winterton eds., 2011).

As Director of the Law Librarianship Program at the University of Washington Information School since 1985, School of Law Professor and Associate Dean Penny Hazelton shares her extensive knowledge and expertise in an article discussing the history, current state, and future education and training of law librarians worldwide.

The article first considers the competencies for law librarianship, which are the necessary knowledge and skills needed to succeed in the profession. Hazelton then describes the history of law librarianship in the United States, and the continuing evolution of formal and informal education and training programs necessary to meet these competencies.

Also discussed are the issues and opportunities associated with educating and training law librarians to become proficient in foreign, comparative, and international law research. Hazelton explores the global perspective on law librarianship, describing the work of professional organizations such as the International Association of Law Libraries (IALL), and setting forth specific ideas and opportunities to advance the profession of law librarianship worldwide.

This article is a must-read for anyone who is interested in learning more about the education and training of law librarians on a global level.

Hazelton's article appears in Chapter 3 of this book, located in the Classified Stacks at Z675.L2I15.

Hogwarts College of Law??

Prof. Howard Wasserman asks how the different courses at Hogwarts (Defense Against the Dark Arts, Potions, etc.) would map onto the law school curriculum. Hogwarts College of Law, PrawfsBlawg, Sept. 10, 2011.

One commenter ("KM") writes:

The first year curriculum would have to map up with the required classes, I think. I'd say:

criminal law - defense against the dark arts (fighting the powers of darkness, be that criminals or prosecutors, depending on your perspective).

property - transfiguration (tea kettle-> hamster = squatter -> legitimate owner through adverse possession).

civil procedure - potions (keep your complaint boiling on the burner for ten days before adding shredded service of process!).

con law - history of magic (one arcane, focused version of history is much like another).

torts - charms (a sound grasp of charms is an important client-generation tool for the potential tort lawyer).

Are there other parallels?

One difference: if you're a law student with a Husky Card, the librarian won't get mad if you're discovered doing research after closing. Go for it!

Photo from Harry Potter in Oxford - Pt 3, Liz & Rob Do Europe, Nov. 20, 2010

Washington State Redistricting Proposals

The Washington State Redistricting Commission released the first set of proposed maps yesterday, showing possible configurations for the state’s congressional boundaries. Due to population growth, Washington is gaining a 10th congressional district. Boundaries for the state’s 49 legislative districts will also be redrawn.

The Commission has four voting members: 2 Democrats and 2 Republicans. You can see each commissioner’s presentation, legislative plan, and congressional plan here.

Or you can read the news:

Seattle Times, Panel Unveils Redistricting Map
The Olympian, Redistricting: New Minority Seat?

The process is governed by the Redistricting Act, RCW 44.05.

Federal Rules Go Mobile!

Wouldn't it be great to have the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or the Federal Rules of Criminal Procedure with you without toting the bound books? Now you can: CALI and the Legal Information Institute have released Federal Rules Ebooks, with the rules and official comments, in a format compatible with iPhone, iPad, and Nook. (Kindle support is coming soon.)

The books are free, but you are encouraged to donate to the Legal Information Institute, a nonprofit based at Cornell that puts a lot of resources into making law accessible.

How Japan's Constitution Got a Women's Rights Clause

The Fred T. Korematsu Center for Law and Equality at Seattle University School of Law presents Beate Sirota Gordon, author of the women’s rights clause in Japan’s Constitution, Thur., Sept. 22, 2011. Ms. Gordon will give a public lecture at 5:00; a reception will follow at 6:00.

Ms. Gordon was a member of the 25-member Constitutional Assembly created in Japan in 1946 by General Douglas MacArthur, Supreme Commander in post-World War II Occupied Japan. At the age of 22, Gordon attended a secret meeting between American and Japanese officials about the women’s rights clause she wrote for Japan’s new Constitution, which guarantees women equal rights with men and remains unamended today. Japan’s Constitution also guarantees Japan’s peaceful roles in world affairs and democracy.

The Japanese prime minister's website includes the constitution in English.

Which Federal Agencies Regulate What Payment Systems?

That is a puzzling question to many.

Now the Federal Reserve Bank of Chicago has developed a colorful graphic to help you visualize the regulatory lines of authority in this area.


Makes everything perfectly clear, yes?

White House Infographic on Judicial Nominees

The White House as posted an "infographic" on President Obama's Judicial Nominees: Historic Successes + Historic Delays.
Also called Building a Supreme Court for the 21st Century, the graphic features images of Justices Sonio Sotomayor and Elena Kagan, with quotations from the President. It also displays pie charts showing percentages of women, African American, Hispanic, and Asian American judges nominated by the last three Presidents.
Other parts of the graphic deal with:

• the confirmation process
• delays in the Senate
• consequences of judicial vacancies

Library Hours Changes

UW School of Law summer exams end this week, signaling a change in the Law Library's hours of operation. Beginning Saturday, Aug. 27, the Library will be on the interim schedule:

Monday - Friday: 8am - 5pm
Reference: 9am - 12noon and 1 - 5pm

The Law Library will be closed:

• Friday, Sept. 2
• Monday, Sept. 5 (Labor Day)

Regular academic hours resume when School of Law classes begin on Monday, Sept. 26.

FBI Site on Mortgage Fraud

The Federal Bureau of Investigation has created a website focusing on Mortgage Fraud.

It provides general information on frequent types of scams, news stories, and ways that homeowners can protect themselves.

In Washington State, the Department of Financial Institutions offers a Homeownership Information page with additional, state-specific information on foreclosures and common scams. It includes a link to the Seattle-King County Asset Building Coalition's Washington Foreclosure Prevention Resource Guide.

Cross-Cultural Legal Transactions Can Easily Get Lost in Translation

Cross-Cultural Legal Transactions Can Easily Get Lost in Translation, says a speaker at the ABA's Litigation Section meeting. Read some anecdotes and tips in this short article.

Budget Control Act of 2011

After reading all the news stories, if you still want to read the actual 28-page bill as passed by the House and Senate, see S.365, Budget Control Act of 2011.

11:00 am PST update: the Act as been assigned as Pub. L. No. 112-25, 140 Stat. 240.