Library Closed Days Ahead

As the end of Winter Quarter (and winter itself!) approaches, take note of the following days that the Law Library will be closed and/or open on an abbreviated schedule:

Saturday - Monday, March 22 -24
Closed

Tuesday - Friday, March 25 -28
Open from 8am - 5pm
Reference Office open from 9am-12pm and 1-5pm

Saturday & Sunday, March 29 & 30
Closed

The Law Library will resume normal hours on Monday, March 31, the day that Spring Quarter begins.

iPad App for Briefing Cases

A 3L at the University of Michigan has created an iPad app to help students (and lawyers) brief cases. In BriefCase, you highlight parts of a case in different colors (e.g., for facts or holding), then push a button to see the highlighted phrases rearranged as bullet points. Here's a longer discussion (with screen shots) from Robert Ambrogi's Law Sites. The BriefCase website has even more, including a short video about the app.

Screen snip from BriefCase site.

Beer Ye! Beer Ye! All hail the ale! (or stout as the case may be)

March 17, 2014

Traditionally verdant celebrations are nigh, and you might already be thinking about tipping back some black, even if it's green with dye. But have you stopped to think, before you drink, about whence your ale arrives?

Every day over ten-million pints of Guinness are consumed around the world - many of those pints here in the U.S. What does it take to get the beer from there to here? I'll give you a hint: it doesn't fly across the Atlantic on the beak of a toucan, old tv ads notwithstanding.

Classic Guinness Ad

Beer (alcohol) is regulated at the federal and state levels. Whether you want to import beer, brew your own, or pop down to the pub for some home-state hops, the government is getting involved. If you want to brush up on the laws and regulations look to the Alcohol and Tobacco Tax and Trade Bureau or the Washington State Liquor Control Board. Of course, if you're online you can cruise beer-centric blawgs like BreweryLaw, Bevlog, Alcohol Law Review, or the Alcoholic Beverages Law Blog by Stoel Rives. And if you're studying in the library you can hit up the books and the databases. HeinOnline is a great place to pick up articles; ready to read about Idaho's past and present regulations, or consider urban policy on malt liquors? LexisNexis Academic offers up some state statutes and regulations, as well as cases chock-full of trivia.

As you get caught up in the glorious (legal) world of beer, here's your frank reminder to avoid alcoholism. One in five members of the legal community tend to drink too much, too often. If you need a hand, reach out to the local lawyer assistance program (look here for a state-by-state directory), or call a hotline for help.

Now, with sources by your side, venture forth and have a safe and happy St. Patrick's Day!

By the by - if you happen to be interested in further fact-finding missions, you might want to consult the original pub-style tie-breaker - the Guinness Book of World Records; yes, the beer and the book are related. 

Graphics from pautlerdesign.com and guinness.com - hover over image for link. 

The Law of Saint Patrick's Day

You may not have noticed, what with the approach of final exams and all, but Saint Patrick's Day is just around the corner.  What better time to take a look at some of America's St. Patrick's Day-related laws and court rulings?

Either Saint Patrick was a giant, or that is one tiny church. Or, you know, symbolism.

In Pennsylvania, restaurants and hotels can serve alcohol on Sundays only during the hours of 11:00 AM and 2:00 AM the following Monday (if they buy a special Sunday-boozing permit [such permit allows for 9:00 AM sales if the restaurant also offers food at 9:00 AM -- because seriously, Sunday brunch without booze is just late breakfast]).  47 Pa. Stat. Ann. Section 4-406(a)(3).  Except for on St. Patrick's Day, of course.  "[W]henever Saint Patrick's Day falls on a Sunday, every hotel or restaurant liquor licensee, their servants, agents or employes may sell liquor and malt or brewed beverages on any such day after seven o'clock antemeridian and until two o' clock antemeridian of the following day."  47 Pa. Stat. Ann. Section 4-406(a)(6.1) (emphasis added).  Pennsylvania may have the nation's dumbest liquor laws (I'm a Pennsylvanian - I would know), but at least they provide for St. Patrick's Day morning drinking.  The only other day to get this special treatment?  New Year's Eve.

In Louisiana, if you get injured during a St. Patrick's Day parade and want to sue the organizer, tough luck.  "Notwithstanding any other law to the contrary, no person shall have a cause of action against any organization which presents St. Patrick's Day parades or other street parades connected with any ethnic celebration."  La. Rev. Stat. Ann. § 9:2796.1.  Does anyone else find it odd that this law applies to all ethnic parades, but St. Patrick's Day is the only one that gets an explicit shout out?  I've got my eye on you, Louisiana...

In Rhode Island, a woman was convicted of disorderly conduct for shouting obscenities during a St. Patrick's Day celebration (what is this, Communist Russia?).  But in State v. Tavarozzi, 446 A.2d 1048 (R.I. 1982), the Rhode Island Supreme Court came to the rescue, overturning her conviction on the grounds that the disorderly conduct statute applies to "noise," and cannot constitutionally apply to speech.  Count one for liberty.  It may be drunken liberty, but liberty nonetheless.

In Minnesota, a man was fired for habitually giving short notice for his absences from work.  He contended that he was fired because of his disability - alcoholism.  His employer claimed no knowledge of his alcoholism.  His evidence to demonstrate that his employer actually did have knowledge?  The fact that he called out at 2:00 AM on St. Patrick's Day.  The U.S. District Court for the District of Minnesota wasn't buying it, and it granted Defendant's motion for summary disposition.  Larson v. Koch Refining Co., 920 F.Supp. 1000 (D. Minn. 1996). 

In Massachusetts in the mid-1990's, litigation arose from the exclusion of the Irish-American Gay, Lesbian & Bisexual Group of Boston from Boston's St. Patrick's Day Parade, organized by the South Boston Allied War Veterans Council.  This issue deserves far more than the crass treatment I have been giving these laws and decisions heretofore, so for a more nuanced discussion, see two competing analyses of the litigation in the following articles: Gretchen Van Ness, Parades and Prejudice: The Incredible True Story of Boston's St. Patrick's Day Parade and the United States Supreme Court, 30 New Eng. L. Rev. 625 (1996); Dwight G. Duncan, Parading the First Amendment Through the Streets of South Boston, 30 New Eng. L. Rev. 663 (1996).

Have a safe and happy St. Patrick's Day, everyone!  And remember, just because you can shout obscenities on St. Patrick's Day doesn't mean you should.

Congressional Bills, 1789-2013

UW users now have access to an incredible resource: the ProQuest Digital U.S. Bills and Resolutions, 1789-2013. This is big news for researchers. If you want to compare different versions of bills to see how language changed, or if you are compiling your own legislative history, this collection of full-text PDFs is key.

Unlike some other new digital products, this is not just a new format, replacing microform or print. This is new content. Until  now, bills from 1922-1978 were not available in any format on campus!

To find or search bills, navigate to ProQuest Congressional, either through the Law Library homepage (under Selected Databases) or the UW Libraries Federal Government libguide. To find a particular bill, use the Search by Number feature. To find bills by keyword, go to Advanced Search and limit to Bills & Laws.

Note that ProQuest Congressional is UW Restricted. Off-campus UW students, faculty, and staff will be prompted for a UW NetID when needed.

Need a refresher on the legislative process, particularly bills and resolutions? The Library of Congress explains it here and in this video.

Study on the Underground Commercial Sex Economy, including Seattle

The Urban Institute released a lengthy study today, Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major US Cities.

The abstract states:

The underground commercial sex economy (UCSE) generates millions of dollars annually, yet investigation and data collection remain under resourced. Our study aimed to unveil the scale of the UCSE in eight major US cities—Atlanta, Dallas, Denver, Kansas City, Miami, Seattle, San Diego, and Washington, DC. Across cities, the UCSE's worth was estimated between $39.9 and $290 million in 2007, but decreased since 2003 in all but two cities. Interviews with pimps, traffickers, sex workers, child pornographers, and law enforcement revealed the dynamics central to the underground commercial sex trade—and shaped the policy suggestions to combat it.

Read more about or view and download the 348-page report here.

Marijuana Legalization

You might have heard that Washington's marijuana law has changed. Want to know a little more?

Start with the Washington State Liquor Control Board site, I-502 Implementation. You'll find the text of Initiative 502, FAQs, rules, and reports from the state's consultant (BOTEC Analysis Corp.)

In an earlier post, we linked to the Congressional Research Service Report, State Legalization of Recreational Marijuana: Selected Legal Issues (April 5, 2013). The link is still good, but the report was updated in January 2014: all the better!

Harvard Med School professor Jerome Groopman reviews a new book on the topic (along with some of the research about marijuana's benefits and risks) in Marijuana: The High and the Low, N.Y. Rev. of Books, Feb. 20, 2014. The book, A New Leaf: The End of Cannabis Prohibition, is available through the University Libraries, in print and as an e-book.

How can marijuana be legal here when it's illegal under federal law? See Joint statement from Gov. Inslee and AG Ferguson regarding update from AG Eric Holder on implementation of Washington’s voter-approved marijuana law, Aug. 29, 2013, and DOJ's Guidance Regarding Marijuana Enforcement, Aug. 29, 2013.

Can banks do business with marijuana businesses? See Dep't Treas., Financial Crimes Enforcement Network, BSA Expectations Regarding Marijuana-Related Businesses, Feb. 14, 2014, and DOJ's Guidance Regarding Marijuana Related Financial Crimes, Feb. 14, 2014 (includes a joint statement by the U.S. Attorneys for the Eastern and Western Districts of Washington).

Activist History, Digitized

Activism has shaped American law and the law has shaped activism (sometimes through arrests and trials). Below are a selection of digital archives about various movements. Take a break from text-heavy law books: look at some pictures!

Antiwar and Radical History Project—Pacific Northwest, University of Washington (funding by Harry Bridges Center for Labor Studies)	Antiwar and Radical History Project screen snip
A Ballot for the Ladies: Washington Women's Struggle for the Vote, 1850-1910, UW Libraries Special Collections	The Suffragette Bar postcard, from A Ballot for the Ladies (Caption: "Nothing but Ice Cream and Pretzels. Oh! Joy!")
Seattle Strikes! Labor and Labor History in Puget Sound, UW Libraries, with the Center for Labor Studies, the Henry Art Gallery	Strike Bulletin headline, from Seattle Strikes!
Famous Trials, by Douglas O. Linder, includes many trials with political aspects, including Sacco and Vanzetti, Haymarket, Chicago 7, Leonard Peltier, Pentagon Papers, Ruby Ridge, Mississippi Burning, Oklahoma City Bombing, Bill Haywood, Rosenbergs, . . .	Ethel and Julius Rosenberg,  from Famous Trials
American Radicalism, Michigan State University Libraries	Cover of The Centralia Conspiracy, from I.W.W. collection in American Radicalism
Labadie Collection, University of Michigan Library	"Stop Executions" pin, from Pinback Buttons, Labadie Collection
Haymarket Affair Digital Collection, Chicago Historical Society	Photograph of globe bomb, People's Exhibit 130A in Haymarket trial, from Haymarket Affair Digital Collection
The Dramas of Haymarket, Chicago Historical Society and Northwestern University	Capt. William Perkins Black, one of the defense lawyers in the Haymarket trial, from The Dramas of Haymarket
Raising Rebels, An Exhibition of Radical Children's Literature, Syracuse University Library Special Collections	Fairy Tales for Workers Children, from Raising Rebels
Brown-Tougaloo Exchange, Brown University Library	Student Nonviolent Coordinating CommitteeFreedom Songbook, from Brown-Tougaloo Exchange

Potentially Huge Changes to the Public Service Loan Forgiveness Program

Attending law school for some people is a step towards fulfilling a goal to serve the public (for much less pay than their counterparts in the private sector but essentially the same amount of student loan debt). Programs like Public Service Loan Forgiveness (PSLF), serve as a way "to encourage individuals to enter and continue to work full-time in public service jobs. Under this program, borrowers may qualify for forgiveness of the remaining balance of their Direct Loans after they have made 120 qualifying payments on those loans while employed full time by certain public service employers."

This week, the White House proposed massive changes to PSLF in the Budget of the United States Government, Fiscal Year 2015.  The proposed changes have many students and professionals worried. Notable proposed changes include:

• A $57,500 cap on amounts forgiven.  Borrowers with student loan debt exceeding $57,500 will need to make 25 years of payments (a 15 year increase from the original 10 years).
• Payment calculations for married borrowers filing will be made on combined household adjusted gross income, rather than the borrower's income alone.

The proposed changes have sparked interesting responses from many outlets including Above the Law and the Wall Street Journal.  A petition on the White House site to retain the program in its current form is up and running as well.  The petition has received over 6,000 signatures since it was created yesterday but needs over 93,000 more signatures by April 5.  For more information about the proposed changes and how they might impact PSLF, visit student loan expert Heather Jarvis' website where she explains her thoughts on the proposed cuts to the program and their impact on existing borrowers.

New Google Maps Gallery!

From the Google Maps Blog:
If you’ve ever wondered which trails Lewis & Clark traveled for their famous expedition, or looked for maps of the best schools in your region, you may have found yourself scouring the web without much luck. The best results for your search may come from governments, nonprofits and businesses, but historically that information has been hard to find or inaccessible to the public. Well, now, with the new Google Maps Gallery, it’s easier for you to find maps like those all in one place.


I poked around a little and found a map from the World Bank that shows the percentage of internet users across the world, a topic that is often of interest to the legal community.  I also noticed that you can explore by topic to find things like historical and environmental maps.  Give it a try!
(Hat tip to beSpacific)

Life Sentences for Juvenile Offenses? Briefs by High School Kids and UW Team

In 2012 the Supreme Court held that a mandatory sentence of life without parole for a juvenile offender violates the 8th amendment. Miller v. Alabama, 132 S.Ct. 2455 Google Scholar. But what about people already servicing life sentences for crimes committed when they were juveniles? Should Miller be applied retroactively?

The Michigan Supreme Court is now considering the cases of three  people with life sentences for crimes committed when they were 14 and 16.

The offenders are being supported by unusual amici: kids from a Catholic high school in Ann Arbor. Matilyn Sarosi, who is 16 herself,  prepared an amicus brief. She also spoke to her classmates and wrote letters to their parents, eventually getting 452 students to sign on in support. See Ann Arbor Teen's Legal Brief: Juvenile Lifers Deserve a 2nd Chance, Detroit Free Press, Feb. 17, 2014; High Schooler Submits Amicus Brief in Juvenile-Lifer Case to Michigan Supreme Court, ABA J. (online), Feb. 20, 2014.

The brief argues from the students' personal experience of adolescent impulsiveness, scientific research on juvenile development, and their Catholic faith in the potential for redemption. The cases (People v. Carp, People v. Davis, and People v. Eliason) are being argued today. Links to other briefs are here.

Here in Washington, Prof. Kim Ambrose and law student Dylan Tessier represented a young man who was sentenced to 1,111 months (don't want to do the arithmetic? it's 92 1/2 years) for a crime he committed when he was a juvenile—effectively a life sentence. Their brief is here. Division II remanded to the trial court. In re Personal Restraint Petition of Guadalupe Solis-Diaz (2012)(unpublished). This week, the trial judge again imposed the same sentence. 92-Year Sentence Remains for Former Centralia Gang Shooter, Chronicle (Lewis County), March 4, 2014.

Juvenile Justice Resources

The Models for Change initiative "supports a network of government and court officials, legal advocates, educators, community leaders, and families working together to ensure that kids who make mistakes are held accountable and treated fairly throughout the juvenile justice process." Models for Change is supported by the MacArthur Foundation.

Models for Change selected four strategic states "for their leadership and commitment to change, geographic diversity, differing needs and opportunities, and likelihood to influence reforms in other locations." The states are Illinois, Louisiana, Pennsylvania, and Washington. Within our state, five projects are underway in six counties (Benton and Franklin, Clark, King, Pierce, and Spokane). Our state's projects are coordinated by the Center for Children & Youth Justice.

New Book Offers Study Tips for Bar Exam

When Richard Jeffries moved to a new state, he was faced with not just another bar exam but a new bar exam: the Uniform Bar Exam. He turned his experience into The Confidence to Pass: Study Tips for the Uniform Bar Exam (2013).

The book focuses on the exam, not the law you needed to know for the exam.

Jeffries includes practice questions he took in his bar prep course, his answers, and the grader's comments.

The Confidence to Pass is in the Reference Area at KF303 .J44 2013.