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You know, for kicks and giggles.

Monday, March 9, 2015

Experience is the best teacher

Do the crime, do the time
Have you ever noticed that there are some things you just don't do?  Don't argue with a cop; don't wolf whistle at Gloria Allred; and never, ever get a law Librarian mad at you.  Yeah, that last one will zing you every time in ways you can't even imagine.  See, the thing with getting a law Librarian angry is that we've spent years researching the law.  We know where the law is and how it can/should be applied.  Get a law Librarian mad at you and one of two things will happen: we won't "be able" to find anything or we will literally bury you in information in under 3 minutes (in an "oh yeah - well, I'll show you" moment).

For example, recently I became a victim of identity theft.  Some schlep got a hold of my personal data tried to get credit cards in my name and buy really, REALLY expensive stuff.  See, this is how the game works.  Bad guy(s) get your data, they fill out applications for credit cards online, then, before anyone even sends out the credit card they call a company with a purchase request.  When asked what their card number is, Bad Guy(s) say they don't have a credit card but they have all the identifying information.  Company then checks the information and either allows the purchase or not.  So far, I've only had one company that let the purchase go through (to the tune of a couple thousand dollars). 

Because I got dinged by these schleps, my legal research mojo kicked in BIG time and I was off looking for all things identity theft; books, law review articles, codes, forms, practice aids - anything I could get my hands on.  In little under 15 minutes I had amassed a small pile of resources on the subject and felt impressed to write a blog about what I had found because maybe you've been a victim of Identity Theft?  Maybe you have a friend who was a victim of Identity Theft?  While there are laws all over the country that deal with identity theft, your local county law library is probably your best, most excellent resource to find information on the topic of Identity Theft.  Might I suggest you go to your local county law library and take a look at the variety of primary and secondary legal authorities your local county law library has at its disposal, as they relate to Identity Theft, for you to use, like:

Books and Other Media:

Law Review Articles:
  • 29 Cal. Law. 40; Petitioning for factual innocence.  Brian Dinday (June 2009).
  • 21 Harv. J. L. & Tech 97; Identity Theft: Making the Known Unknowns Known. Chris Jay Hoofnagle. Vol. 21, No. 1, Fall 2007.
  • 34 Hastings Comm. & Ent. L. J. 275; Parody or Identity Theft: The Highwire Act of Digital Doppelgangers in California. 
  • 27 Los Angeles Lawyer 21; Practice Tips: New California Identity Theft Legislation.
  • 30 L.A. Law. 64; Taking tougher actions against identity theft. Kathryn Kolts Showers. Aug. 2007.
  • 36 L.A. Law 12; Practice Tips: Addressing the Problem of Bogus Liens. December 2013.
  • 33 McGeorge L.Rev. 219; With or without authorization, it's still identify theft. Lance M. Davis. 2002.
  • 40 McGeorge L. Rev. 476; Identity thieves get more than they bargained for: Victims' venue.  Nathaniel H. Clark. 2009.
  • 29 NCJ Int'l L & Comm Reg 671; The Fear Factor: Privacy, Fear and the Changing Hegemoney of the American People and the Right to Privacy. Summery 2004.
  • 29 Touro L. R. 455; Identity Theft on Social Networking Sites: Developing Issues of Internet Impersonation. Maksim Reznik. Vol. 29, No. 1, Art. 12, 2013.
  • 42 Trial Law Guide 107; Attorney may be held liable under federal Fair Credit Reporting Act for obtaining opponent's credit report for use in litigation. Winter 1999.
  • 47 USF L. Rev. 737; Cyberbullying and California's Response.  

Legal Encyclopedias:
  • 54 ALR 5th 141; Duress, Necessity, or Conditions of Confinement as Justification for Escape from Prison.
  • 125 ALR 5th 537; Validity, Construction, and Application of State Statutes Relating to Offense of Identity Theft.
  • 68 ALR 6th 527; Criminal Liability for Unauthorized Use of Credit Card Under State Credit Card Statutes.
  • 74 Am. Jur. Proof of Facts 3d 63; Scams and Cons. 
  • 81 Am. Jur. Proof of Facts 3d 113; Identity Theft and Other Misuses of Credit and Debit Cards. 
  • 112 Am. Jur. Trials 1; Litigating Identify Theft Cases.
  • Cal. Jur. 3d Names § Protected Rights in Name; Unauthorized Use of Name.  
  • Cal. Jur. 3d Criminal Law: Crimes Against Property § 375, specific False Personation. Offenses--False Personation to Obtain Credit, Goods, Services, or Medical Information.
  • Corpus Juris Secundum, False Pretenses §§ 1,3, 9 to 26, 30 to 32, 39 to 45.

Treatises and Practice Aids:
  • 7 Banking Law (Matthew Bender), Ch 153, Fair Credit Reporting Act §§ 153.03-153.05.
  • 10 Labor and Employment Law (Matthew Bender), Ch. 257, Applicant Screening § 257.02.
  • 1 Witkin Cal. Crim. Law. 3d, Criminal Elements § 68 Nature, Elements, and Punishment.
  • 2 Witkin Cal. Crim. Law. 3d, Crimes Against Property § 209; Other Impersonation Statutes. 
  • 2 Witkin Cal. Crim. Law. 3d, Crimes Against Property § 209A Personal Information Trafficking.
  • 3 Witkin Cal. Crim. Law. 3d, Punishment § 221, Definitions.
  • 5 Witkin Cal. Summary 10th, Torts § 668 Identity Theft.

Forms:

  • 5A Am Jur Legal Forms 2d, Consumer Credit Protection Acts § 66:99.
  • 5B Am Jur Pl & Pr Forms (Rev Ed), Collection  and Credit Agencies § 35. 
  • Cal. Forms Pl & Practice (Matthew Bender), Ch 129, Consumer Credit Reporting.
  • Cal. Legal Forms (Matthew Bender), §§ 45.231[1], 92.80[2][m], 92.80[2][v].
  • 6 Fed Procedural Forms L. Ed, Consumer Credit Protection §§ 14:241, 242, 252, 257, 268, 291, and 294.

California and United States Code:


Yep - last thing you want to ever do is get a law Librarian mad at you because we know where the information you need is located.  Heck, we are the gate keepers, the lock makers, and the key holders of information.  If you need it, we have it, and you can find it at your local county law library!