You Have the Right to Remain Silent

13 U.S.C. § 113 established May 1 as Law Day, U.S.A., which "is a special day of celebration by the people of the United States--in appreciation of their liberties and the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law in their relations with each other and with other countries; and for the cultivation of the respect for law that is so vital to the democratic way of life."

Every year, the American Bar Association assigns a theme for Law Day. Since 2016 marks the 50th anniversary of the landmark decision Miranda v. Arizona, 384 U.S. 436 (1966), the theme of Law Day 2016 is Miranda: More than Words. The day will celebrate not only the protections afforded by Miranda, but also all of the procedural protections guaranteed under the U.S. Constitution. It will also include a discussion of how the courts safeguard those rights and why those rights are essential to our liberty. The ABA provides lesson plan materials for elementary, middle, and high school classes. It also gives out awards to the best program promoting Law Day. The Award Categories include best student/classroom program, best public/community program, most innovative program, and best interpretation of the 2016 theme. The ABA also provides a Dialogue program which "provides lawyers, judges and teachers with the resources they need to engage students and community members in discussion of fundamental American legal principles and civic traditions. http://www.americanbar.org/groups/public_education/initiatives_awards/lawday2016.html

Inspired Infographics

Do you like infographics? Check out How Information Graphics Reveal Your Brain's Blind Spots, ProPublica (April 20, 2016). Kicking off a new series on Visual Evidence, Lena Groeger highlights dozens of creative graphics that can teach about all sorts of topics, from playing the stock market to segregation in housing.

For example, here's a graphic charting the severity of judges' rulings against when the judges had a meal break.



Pretty dramatic! To read the original study, which looked at over 1,000 rulings by 8 Israeli judges, see Shai Danziger et al., Extraneous Factors in Judicial Decisions, 108 Proceedings Nat'l Acad. Sciences 6889-6892 (2011)

Fiction Writing Classes Being Offered at Law Schools

Image credit: http://www.scbwicanada.org/

Hopefully students don't choose to go to Law School with the intention of being fiction writers. But it is impossible to deny that many famous authors got their start as lawyers. Law graduates like James Patterson and John Grisham have become famous for writing novels with legal themes. Lawyer authors are not just found in the mystery or crime genres either. New York Times bestselling Young Adult author Carrie Ryan is a University of North Carolina School of Law grad.

With many lawyers becoming authors it should come as no surprise that Law Schools are offering fiction classes to their students. The University of Iowa, famous for their writer's workshop, offers a course entitled Narrative Strategies for Lawyers. Professor Michelle Falkoff, who taught the course for the first time in 2012, said that, "Fiction writing offers good lessons to lawyers about good writing and editing." Falkoff is the author of the young adult novel Playlist for the Dead. 

The University of Baltimore School of Law offers a class called Fiction Writing for Law Students. The class is designed for students who wish to develop story-telling and teaches the basics of fiction writing. The University of Arkansas also offers a seminar about the Law and Literature. 

Yale professor Stephen Carter said that one of the reasons many lawyers write fiction may be because of the Socratic Method. It teaches lawyers to think about the "what if's". This thought process can naturally spiral in to a full-fledged novel idea.

The lawyer-turned novelist is so prevalent that the Journal of Legal Education published, for the first time in 2013, a special fiction edition. The American Bar Association - Young Lawyers Division also wrote an article about the possible ethical pitfalls that could befall a budding lawyer-novelist.

If you are a short story writer the ABA Journal is hosting the Ross Essay Contest. The contest is currently accepting entries. The entries must be no more than 5,000 words and illuminate the role of law/lawyers in modern society. Submissions close May 31, 2016 and the winner will receive a $3,000 cash prize.

Whether it is the Socratic Method turning lawyers and law grads in to authors, or that law school teaches writing skills and diligence. One thing is for sure; many lawyers have found success in the publishing world. 

Casetext Announces New Features

Casetext recently announced several new features designed to make finding cases more efficient. Casetext is a free resource that anyone can use. Law students who will be working this summer in positions where they will have limited access to Westlaw or Lexis Advance may find this website especially useful.

On Casetext, users can read the full text of cases, including cases from the U.S. Supreme Court, federal circuit courts, federal district courts, state supreme courts, and state appellate courts. These cases are annotated by attorneys and other members of the legal community. Casetext is a particularly helpful tool to use during the early stages of research when searching for relevant cases. 

The Supreme Court's Style Guide Now Available

You may be interested in this article from law.com: "Supreme Court's Style Manual is Private No More"

Jack Metzler, a patron at the U.S. Supreme Court Law Library, scanned the U.S. Supreme Court's Style Manual and is now selling it on Amazon. He's making a profit too (public domain?). Here are a couple selections from the article:

The manual, prepared by the office of the court’s Reporter of Decisions, states explicitly that it is “the property of the Supreme Court of the United States and is not for publication. It is intended solely for the use of the staff of the Court, and copies should not be distributed except to members of that staff.”

“I don’t have a confidential source,” Metzler said. Instead, he went to the court’s library, which is open to members of the Supreme Court bar like him as well as court staff and certain congressional and executive branch employees. He was given a copy—unnumbered—of the 2013 version of the manual, which he then photocopied.

This brings up a difficult collection development question for law libraries. I vote against.

Washington's Taxes

This morning KUOW compared the tax systems in Washington (no income tax) and Oregon (no sales tax, no business & occupation tax).

And today's installment of The Economics Daily from the Bureau of Labor Statistics shows that Washington State and Oregon have, respectively, very low and very high concentrations of tax preparers.

Map showing concentrations of tax preparers by state, 2015
Source: Bureau of Labor Statistics

Coincidence? I doubt it.

UW Law to Return to Condon

The University of Washington's Office of the University Architect announced last night that the School of Law will return to its former home in Condon Hall this summer, while Startup Hall and other functions currently housed in Condon Hall will move to William H. Gates Hall.

William H. Gates Hall (top) and Condon Hall.
If you look carefully, you can tell that the photo of Condon Hall is in color.

When asked to comment this morning, university officials acknowledged that there might be some disruption involved but assured students, faculty, and staff that the building swap would be for the best. "Being near the Foster School of Business will be very helpful for startups, while returning Law to the West campus will, um, move it back to the West campus," stated UW President Annie Mary Kossy.

Spring Break Library Hours

The library has shortened hours during Spring Break and is open 8 am to 5 pm today through Friday. The Reference Office is open 9 to 12 and 1 to 5. We are closed on Saturday, 3/26 and Sunday, 3/27.

For more detailed hours information, see our hours page.

Exceptional Alaska: Sturgeon v. Frost

Today, the U.S. Supreme Court held that Alaska is exceptional. “All those Alaska-specific provisions reflect the simple truth that Alaska is often the exception, not the rule.” Sturgeon v. Frost, No. 14–1209, slip op. at 14 (U.S. Mar. 22, 2016).

Chief Justice Roberts's decision had two aspects I wish to highlight:

First, I want to highlight the Chief Justice's legal history of the Alaska National Interest Lands Conservation Act (ANILCA), which a thorough search leads me to conclude is the first of its kind. This will be the go-to judicial opinion for Alaska history buffs. It covers the U.S.'s acquisition of Alaska, Alaska statehood, and the "Great Denali-McKinley Trespass." Details of the trespass, which brought to mind the recent Bundy protests, are too good not to include:

President Carter’s actions were unpopular among many Alaskans, who were concerned that the new monuments would be subject to restrictive federal regulations. Protesters demonstrated in Fairbanks, and more than 2,500 Alaskans participated in the “Great Denali-McKinley Trespass.” The goal of the trespass was to break over 25 Park Service rules in a two-day period—including by camping, hunting, snowmobiling, setting campfires, shooting guns, and unleashing dogs. During the event, a “rider on horseback, acting the part of Paul Revere, galloped through the crowd yelling, ‘The Feds are coming! The Feds are coming!’” N. Y. Times, Jan. 15, 1979, p. A8; Anchorage Daily News, Jan. 15, 1979, pp. 1–2. 

Sturgeon v. Frost, No. 14–1209, slip op. at 4 (U.S. Mar. 22, 2016).

Second, I want to highlight a citation to case law made by the Chief Justice. The Chief Justice only relied on one case to arrive at his holding. (He made reference to two other cases in describing the parties' arguments.) Here is the citation:

Statutory language “cannot be construed in a vacuum. It is a fundamental canon of statutory construction that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme.” Roberts v. Sea-Land Services, Inc., 566 U. S. ___, ___ (2012) (slip op., at 6) (internal quotation marks omitted).

Sturgeon v. Frost, No. 14–1209, slip op. at 13 (U.S. Mar. 22, 2016).

I thought this was an interesting case to cite because it also involves an injury occurring at an Alaska marine terminal. Perhaps it was a coincidence, but he could have cited any number of cases for the same language. By citing to so few cases and relying on a case that occurred in Alaska, the Chief Justice nicely reinforces the opinion's theme of Alaskan exceptionalism.

Supreme Court Nominations

Since President Obama's nomination of Merrick Garland to fill the U.S. Supreme Court seat left vacant due to Justice Scalia's death, the news and blogosphere have been filled with speculation on whether Senate Republicans will allow confirmation hearings to be held.

Are you interested in other information about nominations during election years?

Wonder no longer. Barry J. McMillion of the Congressional Research Service wrote a blog post on the subject. Nominations to the Supreme Court During Presidential Election Years (1900-Present) (March 16, 2016).

The table illustrates how few nominations have occurred and their dispositions.

For more information, take a look at the updated Gallagher guide on Supreme Court Nominations. The guide covers selected articles, books, other Congressional Service Reports, and websites on the nomination and confirmation process.

Follow links to read about the American Bar Association's Standing Committee on the Federal Judiciary role in evaluating nominees to the federal bench and to HeinOnline's collection of nomination hearings going back to Justice Brandeis in 1916.

PI DAY

Math lovers like to celebrate March 14 as Pi Day, because the first three digits of Pi are 3.14. We could say that today is extra special because the first five digits are 3.14159, which rounds to 3.1416. This NPR story has links to a couple of entertaining videos on Pi.

Fun as math is, we're in a law school, where the more common sense of PI is Personal Injury. If you're interested in that practice area, check out this book from the ABA's Section of Law Practice Management: How to Build and Manage a Personal Injury Practice (2012), Gallagher Law Library Classified Stacks (KF1257 .G53 2012). Washington organizations for personal injury lawyers are the Washington State Association for Justice (plaintiffs side) and the Washington Defense Trial Lawyers. Law students can join the WSAJ free and WDTL for $10. Get to know your future colleagues!

Create Citation Networks with Supreme Court Cases

CourtListener released an application developed by the University of Baltimore School of Law and the Free Law Project that allows users to visualize the historical development of the law for free. The application is "Supreme Court Citation Networks." 

Each opinion released by the Supreme Court is underpinned by references to other cases, precedent. Precedent develops into legal principles, and lawyers and legal scholars study precedent to better understand legal principles. CourtListener lets you take two cases and map the citations they have in common. It also allows the user to visualize whether the cases cited were "liberal" or "conservative" decisions.

Account registration is required to use the free app. Once in the app, creating Supreme Court Citation Networks is simple. Enter two cases and the app does all the work for you. Here is an example I did mapping interracial marriage to gay marriage, the first shows the degrees of separation and the second shows political ideology (click the images to enlarge them):

Interested in learning how lawyers and scholars can use visualization to tell a story? Watch this video on Mapping Supreme Court Doctrine: Civil Pleading:

Happy Civil Liberties Day!

The legislature declares that an annual day of recognition be observed in remembrance of Japanese Americans interned during World War II as a reminder that, regardless of the provocation, individual rights and freedoms must never be denied. RCW 1.16.090

February 19 is the "Day of Remembrance." On this day in 1942, Executive Order 9066 was signed. EO 9066 required the internment of all Americans of Japanese ancestry.

Washington State officially became the first and only state to recognize this day, in 2003 (see RCW 1.16.090 Legislative declaration for civil liberties day of remembrance). Some light legislative history research reveals that the bill (HB 1460) was passed unanimously.

The Washington State legislature made it official in 2003, but the history of the Day of Remembrance in Washington State dates back to 1978.

In fact, the nation's first Day of Remembrance was in Washington State. It was organized by the Evacuation Redress Committee and co-sponsored with many local organizations.

Here is a photo of Seattle Mayor Charles Royer signing a 1978 proclamation for the Day of Remembrance:

This photo, courtesy of the Kinoshita Family Collection, is from the Densho Encyclopedia, access it for more photos and Day of Remembrance history

For more information, check out our 2011 blogpost on this topic.

New East Asian Law Quick Reference Guide

The new East Asian Law Quick Reference guide is now available on the Gallagher Law Library website, replacing the old “East Asian Law Databases” page. The page highlights the most important resources for the legal systems of East Asia, with sub-sections for East Asia in General, China, Japan, South Korea, North Korea, and Taiwan. Convenient links to resources include pkulaw.cn, a Chinese legal database with full-text court decisions in English and Chinese, Westlaw Japan, with comprehensive access to full-text Japanese court decisions, plus many other important resources.

Find the new guide here:
http://guides.lib.uw.edu/law/eald/ealaw-quickref

New page highlights East Asian legal resources

The Supreme Court Appointment Process

Shortly after Justice Antonin Scalia's death, speculation began about his replacement. See the Congressional Research Service's Legal Sidebar What Does Scalia's Death Mean for Congress and the Nation?

While politicians and Court watchers are sharing their opinions freely, you can read up on the process itself. A Congressional Research Service report called Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate (Feb. 19, 2010).

For a deeper dive into the subject, see also these additional CRS reports, available on HeinOnline [UW Restricted]:

• Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee (Oct. 19, 2015).
• Supreme Court Appointment Process: President's Selection of a Nominee (Oct. 19, 2015).
• Supreme Court Appointment Process: Senate Debate and Confirmation Vote (Oct. 19, 2015).

The Federation of American Scientists' free website also provides copies of these and other CRS reports on nominations to the Supreme Court.

And for even more references to CRS reports, books, nomination hearings, and related information, see the Gallagher guide on Supreme Court Nominations: The Nomination & Confirmation Process.

Govinfo Beta Website

The U.S. Government Publishing Office released the beta website of govinfo on February 3, which is available here: https://www.govinfo.gov. Govinfo will eventually replace the Federal Digital System (FDsys), which provides free online access to official federal government publications from all three branches of government.

Govinfo contains all of the content available on FDsys, such as the United States Code, the Code of Federal Regulations, and the Federal Register, but has a more modern look to it and was designed to improve usability.

Homepage of govinfo.gov

The Business of Gifts

In honor of Valentine's Day, The Economics Daily (a blog and email alert service from the Bureau of Labor Statistics) highlights gift-related retail businesses. It might not surprise anyone who's shopped online or seen trucks delivering Amazon boxes to their neighbors, but the number of brick-and-mortar retail businesses selling gifts, jewelry, and flowers has fallen while online shopping has shot up. If you want to give your sweetheart wine there are even more physical stores than fifteen years ago.

Gift-related retail establishments, 2001-2014

Another chart shows employment in the different types of gift-related retailers. The employment in mail-order houses has gone down some, but it's still significant: it was only a few years ago that employment in online retailing passed it.

Chart: Employment in gift-related retailers, 2001-14

If you like to see stats like this, I recommend the TED email alerts. You can sign up for these—and a slew of other alerts—here.

Library Closed for Presidents' Day

Gallagher Law Library will be closed to the public this upcoming Monday, February 15, for the Presidents' Day Holiday. The Reference Office will also be closed.

The Library will reopen per our usual schedule on Tuesday at 8:00 am.

More information about our hours can be found here.

Low-income Washingtonians Need Legal Help

This fall the state Office of Civil Legal Aid published a new report (commissioned by the Supreme Court and prepared by a team at WSU) describing the frequency and type of legal needs of low-income state residents: 2015 Washington State Civil Legal Needs Study Update (Oct. 2015).

The picture is not rosy.

More than 70% of the state's low-income households experience at least one civil legal problem each year on matters affecting the most fundamental aspects of their daily lives, including accessible and affordable health care; the ability to get and keep a job; the right to financial services and protection from consumer exploitation; and the security of safe and stable housing. (p. 3)

And it's worse than it was: "The average number of problems per household increased from 3.3 in 2003 to 9.3 in the latest, 2014 survey." Id.

Next Wednesday the Washington Supreme Court will hear presentations about the report. The event is open to the public. It will probably be available on TVW.

Data Privacy Day

Today is Data Privacy Day. According to Wikipedia, it began in Europe, with the Council of Europe's Data Protection Day. The date was chosen to mark the anniversary of the Council of Europe's Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (Jan. 28, 1981).

Learn more on the Data Privacy pages from Stay Safe Online (from the National Cyber Security Alliance). The group is tweeting @DataPrivacyDay.

Several U.S. agencies are marking Data Privacy Day 2016, including the Department of Homeland Security, the Department of Energy. Check out Twitter at noon (Pacific time) for the Federal Trade Commission's Data Privacy Day 2016 Twitter Chat.

Here in Washington, Attorney General Rob McKenna and King County Prosecutor Dan Satterberg are asking businesses to reinforce their work to protect consumer data.

It's Data Privacy Day. Do you know where your data is?, C|Net, Jan. 28, 2016, discusses a study that was able to match up "anonymous" health data from Washington State with identified people. See Latanya Sweeney, Only You, Your Doctor, and Many Others May Know, Journal of Technology Science (JOTS), Sept. 29, 2015. The good news? "This study resulted in Washington State increasing the anonymization protocols of the health records including limiting fields used for the re-identification study."

Want some tips for your own online data? Reporter Julia Angwin lists what she did: I Ramped Up My Internet Security, and You Should Too, ProPublica, Jan. 20, 2016.

Law Firm Search Engine

Need information about local law firms? Looking for a source of free legal research? Try the new Law Firm Search Engine!

http://lawfirmsearchengine.com/

Developed by librarian Jeffrey H. Buckley, this search engine allows you to search across more than 4,500 law firm websites. This is a useful resource for free legal information, as law firms are constantly publishing insightful commentaries and legal memos on their websites.

The Law Firm Search Engine's other features include:

• A list of Law Firms on Twitter,
• A description of Best Practices for Law Firm Websites,
• A list of Milestones in the History of Legal Research, and
• Law Firm Website Traffic Rankings (congratulations to Campbell Cohen, currently #1).

Genetics and the Law

Issues involving genetics can be found in many areas of the law, from employment discrimination to insurance to criminal procedure to international trade. If you're interested in this area, check out our newly updated guide, Genetics & the Law.

Researching professional responsibility

Professional responsibility is one subject that affects every law student. You'll have to pass a test in professional responsibility to become a member of the bar—and then you'll have to live by those rules throughout your career. To help you with this important area, we have a new guide listing resources, both national and Washington State.

Tribes and Tribal Law in Washington State

There are currently 29 federally-recognized tribes in Washington State.

The concept of tribal sovereignty is recognized in the U.S. Constitution, perhaps most famously in the Commerce Clause (Article I, Section 8): "Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes." U.S. Supreme Court Chief Justice John Marshal fleshed out the legal concept of tribal sovereignty in the three seminal cases of Johnson v. M'Intosh (21 U.S. 543), Cherokee Nation v. Georgia, (30 U.S. 1), and Worcester v. Georgia (31 U.S. 515). Congress also protected the rights of federally-recognized tribes in the Indian Reorganization Act of 1934. As "domestic dependent nations," many federally-recognized tribes have their own constitutions, codes, and courts.

Map of federally-recognized Washington State tribes (Washingtontribes.org):

New Titles in the Gallagher Law Library

The first 2016 installment of the bimonthly New Titles List is now available.

Noteworthy additions include:

Climate change and human rights: an international and comparative law perspective / Classified Stacks (K3585.5 .C5497 2016)

Dying with dignity: a legal approach to assisted death / Classified Stacks (K3611.E95 L67 2015)

Enduring conviction: Fred Korematsu and his quest for justice / Classified Stacks (KF228.K59 B36 2015)

The guide to U.S. legal analysis and communication / Reference Area (KF250 .M377 2015)

Public spaces, marketplaces, and the Constitution: shopping malls and the First Amendment /  Classified Stacks (KF4770 .M36 2015)

Check out these and other titles that have recently been added to the Library's collection.