Use it the way it was intended!

The other day, yesterday in fact, I was standing on my driveway looking out and about and up walked a teenager.  What caught my eye was that he was holding a skateboard in one hand and a helmet in the other.

I thought, to myself, that's odd.  Shouldn't he be riding that skateboard and wearing the helmet?  I suspect he could have been going to a party and was going to give the skateboard/helmet to someone - but then wouldn't the skateboard/helmet be wrapped?  Heck but even I know presents are the best thing about birthdays.  I mean, cake and ice cream rank right up there but presents?!  Yeah, love opening presents, I do.

But I digress.  Teenager was not using the skateboard/helmet the way a person (in this case me) might ordinarily use (or think to use) a skateboard/helmet.

This, of course, reminds me of a situation I recently saw.  I was walking around a public library when I came across a study room.  While a study room in a library isn't all that odd, what was odd was that the door was being propped open by a law dictionary.  A Black's Law Dictionary, to be specific.

You know, before I became a omnipotent law librarian, I never much cared how books were treated.  Rip a page here, fold over a corner there, splash a drink on the pages - all's fair in love and war.  When I became an omnipotent law librarian, things changed.  I suddenly became aware of ripped pages in books; found myself telling people not to fold corners on pages; and DON'T be drinking or eating when reading a book else you might spill on that precious book!!!!

I became the a-typical librarian with a bun in her hair shushing everyone (except I don't have enough hair for a bun - but you get the idea).

Anyway, no one was around to shush or say not to use the dictionary as a doorstop.  Thankfully, it wasn't a library book (probably owned by the person who was using it as a doorstop).  Yes, I would have looked darned silly shushing someone in a library where I don't work - but it was the omnipotent librarian rising up in me.  Sometimes, I can't help it.

Had there been a person around, I would have, probably - most likely, have admonished them to use the Dictionary for its intended purpose - you know, like looking up definitions of legal words?  

I mean, have you ever HAD to have a definition of a legal word but couldn't find it because all the Black's Law Dictionaries were being used as doorstops?!  It would drive a person insane.  

Clearly, this person didn't know the power contained in a Black's Law Dictionary.  Clearly, this person was not aware that using this Black's Law Dictionary was damaging it.  Clearly, this person was missing out on critical definitions that could - quite possibly - change their life!

Definitions like:

Incidental Damages: 1. Losses reasonably associated with or related to actual damages (also refer to 1 James J. White & Robert S. Summers, Uniform Commercial Code § 10-3, at 561-62 (4th ed. 1995); C.J.S. Sales §§ 396, 400-401, 404-405).

Interdict (in-tǝr-dikt), n. Roman & civil law. 1. An injunction or other prohibitory, exhibitory, or restitutory decree (refer to C.J.S. Injunctions §§ 2-4, 12, 14, 22, 24, 166).

Neutral, n. 1. A person or country taking no side in a dispute; esp., a country that is at peace and is committed to aid neither of two or more belligerents.  Cf. Belligerent (see also Theodore D. Woolsey, Introduction to the Study of International Law § 163, at 276 (5th ed. 1878)).

Pro hac vice (proh hahk vee-chay or hak vi-see also hahk vees).  [Latin] For this occasion or particular purpose.  The phrase usu. refers to a lawyer who has not been admitted to practice in a particular jurisdiction but who is admitted there temporarily for the purpose of conducting a particular case (see also C.J.S. Attorney and Client §§ 26-28).

Rout (rowt), n. The offense that occurs when an unlawful assembly makes some move toward the accomplishment of its participants' common purpose.  Cf. Riot.  (see also C.J.S. Riot; Insurrection §§ 2-10).

Steganography (steg-ǝ-nog-rǝ-fee), n. A cryptographic method that digitally embeds or encodes one item of information within another.  Because a digitized audio or visual file usu. has unused data areas, indelible (and nearly undetectable) information can be added without altering the file's quality. Copyright or trademark tags can be hidden in every fragment of a digital work, making disassociation almost impossible (also termed digital fingerprinting; digital watermarking).

Viator (vi-ay-tǝr).  A terminally or chronically ill life-insurance policyholder who sells the policy to a third party in return for a lump-sum payment equal to a percentage of the policy's face value.

Zygocephalum (zi-gǝ-sef-ǝ-lǝm), n. [Greek fr. zygo- "yoke, pair" + kephalos "head"] Hist. A measure of land, esp. the amount that can be plowed in one day.

I mean, this is powerful stuff!  Did you know these words?  Heck, did you know the definitions of these words?!?  Probably not - because you (or someone) was using the dictionary as a doorstop.  

Oh, the humanity!

So next time, when you need to prop open a door or something, take a moment and think of what you're doing.  Next time, think about the power you hold in your hands before you go and use that book (or dictionary) as a doorstop.

Just, use whatever you're holding the way it was supposed to be used.  

That's all I'm asking.

All that giltters is not gold

When was the last time you cracked open and read a "real" book?  

No, not those electronic abominations.  I mean an actual book with paper and ink and everything. 

The way the media plays it, you'd think no one ever reads books any more. 
 
In fact, I was talking with a librarian who works at a  a law school the other day.  He informed me that they don't teach students how to use print resources anymore.

WHAT?!  Don't teach print?  Apparently, law schools have scads of money to spend and can, apparently, afford most everything the online world has to offer.

It's no wonder, then, that I regularly have new (and some seasoned) attorneys come to me and stand with awe and amazement at the wonder that are the print books on our shelves that no one had ever told them about.

The problem is that not everything is online.  Yeah, yeah - I know that's a shocker for some people.  Even if you have gobs of money to buy the most beeeeeautiful online catalog, you're still not going to find the gems that slip through the cracks.

Take, for example Shepard's Mobile Homes and Mobile Home Parks.  Published by Shepard's Citations Inc. in 1975, this resource is a gem that speaks to anyone who needs to know the law on mobile homes.  Most importantly, it is not found on either Westlaw OR Lexis Advanced.

Why is this important to point out?  Simply because if all you use (or teach) are online tools to conduct legal research, you will never know about (and/or use) this golden nugget (unless you know someone (i.e. a law librarian) who knows how to use both print and online legal research tools and who will teach/tell you about it/them).  Hint, hint.

So, picture it.  This guy came into my library.  Seems he lives in a planned unit community (or "PUD").  PUD is giving Guy grief because he stores/parks his mobile home on his property.

Seems PUD has a provision in its CC&R's that prohibit any temporary structures on PUD property.  Pointing to Guy's mobile home, PUD says either it goes or Guy goes.

Guy wants to research whether PUD can compel the removal of his mobile home.

Now, I could have sent him to read about property rights in

• Miller & Starr California Real Property (TR), or
• California Real Estate: law and practice (Lexis), or
• California Real Property Remedies and Damages (CEB)

or any of the myriad of in-print or online real property offerings which may or may not have dealt directly with mobile homes or mobile home parks.

Instead, I dug through our superseded collection and pulled out our copy of Shepard's Mobile Homes and Mobile Home Parks for Guy to peruse.  Shepard's is an easy read and starts out in Chapter 2 with definitions and descriptions of terms germane to mobile home parks (i.e. a "planned unit community").

Since it's an older publication, Shepard's is going to reference some old law.  An easy fix to that is to be sure to check the current State's laws!  Regardless, what Guy was wanting to look at was Chapter 8, Section 2 (Construction of Covenant).  

Citing Colony Park Assn v. Dugas, 44 MiA 467, 205 NW2d 234 (1973), the court held that a similarly restrictive covenant failed to prohibit automobile-drawn trailer homes on a persons private property.

Guy is in pig heaven.  Yeah, it's an old case and it's outside Guy's jurisdiction, to be sure, but it's still good law.  With a quick jaunt over to West's California Digest, we were able to get around the jurisdiction problem by finding a relevant (and more current) case directly on point.

Guy left happy with an evil glint in his eye knowing that he had just what he needed to fight the evil PUD.  And with that, we see that all that glitters is not gold.  

Just because students and attorneys can conduct all of their legal research online, it does not mean that they have to (nor that online resources are all that are available for use).

So, stretch those legs, expand those horizons, and seek out your law librarian to see if there happens to be untapped gold in them thar book stacks.  I have no doubt but that your friendly neighborhood law librarian will nigh unto giddy if you ask them to show you all the wonders still available (only) in print.

I just bet.

Watch out, Lara Croft!

Have you ever been sitting in your cubicle and thought that there has to be more to life than just sitting here in my cubicle?  Have you ever wondered how Indiana Jones or Lara Croft got their start as archaeologists (or tomb raiders, as the case may be)?  Have you ever thought that you were meant for more that doing whatever you are doing right now?!?

So, picture it.  You’re helping your dog dig in the backyard looking for a bone when you come across a 14-foot long thigh bone of the dreaded Cratarackatus from the late Crustacean Period.  How do you preserve your find?  More to the point, how do cash in with your find and protect yourself at the same time?  

Well, you are in luck, my friend.  See, not 10 minutes ago I was lost in the jungles of our federal collection and just when I was about to shoot up a flare for help, I came across our copy of Archaeology, Relics, and the Law.  

The thing is, this is not just your ordinary work of fiction.  No, this book actually helps the budding archaeologist protect his finds with helpful tips and laws and cases from both state and federal jurisdictions.  

The first chapter covers Discovery and Acquisition of Artifacts and touches on defining everyone from the Amateur finder and collector to commercial hunters, looters, dealers and exhibitors.  Chapter 1 then goes on to talk about property rights (who owns what is found), and cites a number of cases that address that concept.

Chapter Two continues with Protection and Control of Artifacts.  See, the question is not so much whether you want to make money on your find (of course you do), the questions is whether you can even sell your find.  That's where chapter 2 comes in dealing with restrictions on interstate commerce, restrictions on the sale and possession of relics, regulatory protection of private sites (like the backyard of your home), and custody and curation of artifacts.

Chapter 3 is a doozy in that it covers Recovery and Repatriation of Relics.  I mean, how do you know that someone didn't steal that 14-foot long thigh bone of the dreaded Cratarackatus from the late Crustacean Period from the National Museum of Ubackastand and just last week buried it in your backyard for safe keeping?  You know they're going to be reading Archaeology, Relics, and the Law to know how to get it back (and keep you from profiting from your find).

Finally, Chapter 4 deals with the Protection and Custody of Human Remains (which is fine since the Crataracktatus is not human and, thus, doesn't fall under the protections of this chapter).  If, however, the dreaded Crataracktatus were suddenly classified as human, you could read up on such information as Protection and custody of the body, protection and the place of deposition (i.e. where the thing is buried), disinterment and relocation of human regains, custody, transfer, and repatriation of human remains, and, museum collection of skeletal materials and artifacts.

Yep, if you want to be an Archaeologist of the likes of Lara Croft or Indiana Jones or even, dare I say...Carmen Santiago...then you are going to want to run to your local county law library and demand to read their copy of Archaeology, Relics, and the Law, poste haste!

The Church of the Legal Mind

How many out there own a Bible?  Did you know that 88 percent of people in America own at least one Bible?  88 percent!  That's a lot of people.  The problem is that owning and using are two different things since only 1 in 5 Americans actually read the Bible.  The thing is you'd think anything called "the Bible" would be THE one book people would read because it THE definitive words from the Word.

Turns out, there are a number of legal resources in the law business considered to be the bible in their respective fields.  For instance, Basset on California Community Property Law (West) is the bible for all things community property in California.  If you're in a family law matter and you NEED to know something about community property and you're in a California court/jurisdiction, then you're really going to want this book in your hand.  Really, really, and amen.

Another legal bible is California Probate Practice (Lexis).  Are you in probate court or are looking to be in probate court eventually?  If so, then this bible should be in your hands and you should be taking copious notes.  Hallelujah!

I would be remiss if I didn't mention the bible of criminal law, namely California Criminal Law: procedure and practice (CEB).  If you are a criminal or know someone who is a criminal or have ever contemplated becoming a criminal, then this is the bible for you.  It's contents contain all that is related to criminal law in California.  So, if you need to know anything criminal in California, this is the bible for you.  Testify!

Other legalesque bibles of note include:

• Black's Law Dictionary (West)
• Miller & Starr California Real Estate (West)
• Collier on Bankruptcy (Lexis)
• McQuillin: municipal corporations (West)
• Nichols on Eminent Domain (Lexis)
• Kohn on Music Licensing (Aspen)
• Williston on Contracts (West)
• Page on Wills (Lexis)
• Appleman on Insurance Law (Lexis)
• Fletcher Cyclopedia Corporation (West)
• EEOC Compliance Manual (CCH)

There are other bibles out there, but these are the ones I reach for when I need some serious religion. 

So, if ever you find yourself a bit lost and confused, know that the good folks at your local county law library have seen the light.  Yea (and verily), we are eager to guide you on your straight and narrow way to the good word; baptizing you in the name of West, Lexis and CEB and to help you find your path to righteous researching.  Hallelujah and amen!  Can I get an amen?!

Impeaching the POTUS

Do you even know what resources are available at your local county law library?  Do you?!  Most people think law libraries have a bunch of old, thick, dusty books filled with cases and codes about old, dusty people.  Fact is, 98.6% of the stuff we have on our shelves is not (all that) dusty and many of our books are not that old (OK, some of it is pretty ancient - but they're all useful) and many of them, while legally related, are actually an interesting read.  Today, as I was grazing through our collection, I found several resources tucked in the constitutional area that not only piqued my interest but were timely, as well. 

The first one called Presidential Power and the Constitution (Cornell University Press) caught my attention if only for the fact that recently, President Obama has, seemingly, overstepped the boundary's of his position as POTUS resulting in many calling for his impeachment.  The question is, has he overstepped?  Are the carnie barkers right or is Obama right in doing what he is doing?  While the book only covers incidents from Woodrow Wilson through Harry Turman, it does give insight into how POTUS's have dealt with congress over the years and, I suspect, have survived calls for impeachment.

This, of course, leads to the next book I found called Impeachment: A Handbook (Yale University Press).  Truly a handbook on the "how to do it," this resource walks the rookie electorate through the steps of impeaching a POTUS.  The most telling section of the book, I think, is the section under Chapter 3: The Impeachable Offense: Use of Tax System to Harass Opponents.  THIS IS BIG, folks!  I mean, does anyone remember a couple years back when the Tea Partiers claimed that the Obama administration sicced the IRS after them?  I sure do.  The question is if this is a basis for impeachment, why did no one go after Obama?  Of course, it could be argued that Obama was not personally responsible for what a few "rogue" IRS agents do - but where does the buck stop?  If not the POTUS, then who?!

The last resource I found is called Presidential Impeachment (Yale University Press) and is, basically, an examination of the Nixon impeachment process.  The two chapters that I found interesting were Chapters 3: Ground for Impeachment: The Nixon Inquiry, which dealt with all things Nixon and how congress worked to bolster the claim that they had, in fact, found a reason to impeach Nixon, and Chapter 5: The Sole Power of Impeachment which dealt with who has the power to push an impeachment through the system.  In particular, I was drawn to the subsection, "The Standard of Proof" that was used to impeach Nixon.  Long story short, there is no one standard that fits everyone - which is as it should be given that each impeachment is going to have a different set of facts and some cases have more damning evidence than others.  So, kudos to whomever figured out this one.

Bottom line, law libraries are not merely repositories for dusty books that no one has any interest in.  Fact is, law libraries are as vibrant any typical public library and they have resources which are critical to the understanding of the political process.  Anyone looking to expand their horizons and pull their noses away from their electronic devices are encouraged to check out their local county law library and see what all we have to offer.

It's all new to me

The other day I was talking with a friend of mine who was in a book club.  Seems she was on the prowl for a new book for her book club to dissect.  She was looking for something with BITE.  She wanted an intriguing murder mystery with a funny romantic espionage twist.  Well, I told her, I don't know about, the romantic twist, but I've had just the ticket to help her club reach new heights with a resource I was updating just the other day called Criminal Defense Techniques (Lexis).

I could tell by her expression she was not all that wowed with my suggestion - so I began to elucidate on this treasure trove of all thing crimes and criminal.  In Chapter 4, instance, it talks about one of my favorite constitutional topics - Search and Seizure.  I mean, you gotta love the 4th amendment.  Heck, anyone who ever watched Jack Bauer and the 24 series knows all about how Jack violated the 4th amendment to get information he "needed" - which all lead to Chapter 4B and the Suppression of Illegally Obtained Evidence.  See, every time Jack Bauer did something, invariably he did with without taking into account ANYONE's 4th amendment rights because, well....because he's Jack Bauer!

The more I told my friend about Criminal Defense Techniques, the more she became interested - not so much about how it applied to her book club but how she could use the tools, tricks, and tips discussed therein.  In particular, she was most interested in Chapter 3 which talked about the art of Interrogation and Confession and Chapter 29 dealing with Alibi Evidence.  Seems she had a teenager daughter and was looking to extract some information about what her party hardy little girl had done a couple weeks past (seems also that she was not believing her daughter's girlfriend who vehemently corroborated daughter's story that she had been at her house for an "all girl" slumber party the entire weekend).

Anyway, maybe you're looking for a good read or even just need something to help put your to sleep on those cold winter nights.  If so, head on over to your local county law library and see what intriguing reads you can find.

"New" isn't always better

I am a fan of classic poetry.  One of my favorite poems is by Robert Frost called: The Road Not Taken. Basically, it lays out the dilemma of a traveler who comes upon two trails.  One trail is well worn from many a passerby and the other not so much and the traveler is left wondering what would have happened had he taken the other trail.

Such is the life of the legal researcher.  Often times I'll find attorneys who use the same books over and over and over because they've been using the same books over and over and over over the years.  The result is that their arguments become predictable and, well,...boring.  It is in those situations that I'll pull them aside and suggest that they take a look at:

• A Handbook of California Pleading and Procedure (1926; KFC 1010): Based on the Code of Civil Procedure, this book combines the mind-numbness of legal theory with the keen usefullness of everyday legal procedural application.  A great resource for the seasoned litigant and the greenest greenhorn.
• Manual of Legislative Procedure (1937; KFC 723): This resource is a guide for presiding officers and member of state legislatures relating to questions regarding procedures not governed by the Constitutions, rules, or statutes.  It is particularly helpful for the legal practitioner to help understand why legislators do what they do.
• The Art of Summation (1963; KF 9662): As most any decent attorney knows, it's one thing to have a good case; it's another to seal the deal with a jury staring back at you.  Generally written for the attorney who is looking for the edge when arguing in front of a jury, this resource is equally useful for anyone who is looking to win an argument.
• Shepard's Mobile Homes and Mobile Home Parks: cases, statutes, ordinances, regulations, opinions, tables and schedules (1975; KF 2042): Like the title suggests this book has everything as it relates to mobilehomes and parks.  Perfect for the snowbirds and persons who are parked on property on a "temporary" basis.
• Handbook of Common-Law Pleading (1923; KF 8870): Any attorney will tell you a poorly pled pleading will most certainly be demurred to.  The problem is that most attorneys have no idea how to property plead (or respond to) common law issues such as trespass, actions of trover, detinue and replevin, assumsit, ejectment, or common law writs.  Good thing, then, that this book exists.

Yep, there are a whole lot of books out there that are hardly used.  Good thing your local county law Library knows where the good stuff is located so that when next you find yourself in a bind, know that we know where you can go.

He Hanged Them High - A Book Review

Who isn't a fan of the old west?  Cowboys and Indians, pioneers, gunfight at the O.K. Corral, fur trappers - it's enough to get anyone's imagination going.  While I have a thing for teaching legal research, every now and again I stop with the research and check out other resources in our library.  One of those "other" resources is the book by Homer Croy entitled He Hanged Them High: An authentic account of the fanatical judge who hanged eighty-eight men.

What with this being the season of all things death and dead stuff - this book is great.  It talks about the life and times of Judge Issac C. Parker who was the only judge over western Arkansas and the Indian frontier in the 1800's.  In great detail, He Hanged Them High walks readers through the Judge's style of justice during the old west and talks about the men Judge Parker sent to the gallows as if the writer was an eye witness to events as they unfolded.  Thing is, Mr. Croy should be the hero of every District Attorney in the land as it makes Lone Wolf McQuade look like a rank amateur.

While I mostly like reading legal stuff, this was a fun read.  If you're looking for a historical and seasonal read, take a look at He Hanged Them High and you all have a Happy (and safe) Halloween!

Looking for a good book?

In addition to the other great legal titles we have at our library, I found one book as I was browsing through our library collection that caught my attention.  Called No Constitutional Right to be Ladies: women and the obligations of citizenship by Linda K. Kerber, it caught my interest because most times the only books that keep my attention are treatises or court cases - and, as it turns out, this book has all that, in spades!

Historically, women were treated little more than property and were held out to be genteel and tender creatures who couldn't own property, couldn't hold office, and couldn't keep their own name after marriage.  They were to be cared for and coddled.  

The problem with this (as suggested in the book) is that this is a two-edged sword.  On the one hand, society wants to protect women from stubbing toes and skinning their knees and on the flip side, women want to be treated like a person - equal pay for equal work.  

Problem is, you can't have it both ways; you're either genteel or you're a ditch digger.  What Kerber does is take the reader on a historical ride from pre-Revolutionary War, to slavery, to the modern era.  "Ladies" emphasizes the need for women (or any under-represented group) to choose what they want; if they choose the rights prescribed under the U.S. Constitution, they should also be willing to abide by all the consequences of that decision (i.e. full citizenship).

While there were several items that stuck out in this book like discrimination in the selective service process and women and jury service, the one area that held my attention was the fight for women's suffrage in Chapter 3.  In the fight to give women the right to vote, the concept of taxation was tied to the obligation and right to vote.  On page 96, Keber quoted Charles Sumner, stating "In a state of nature no man can take any property from me without my consent.  If he does, he deprives me of my liberty and makes me a slave.  

What is important to note is that at the time of this argument, the issue of slavery hung heavy in the political air and what the suffrage movement was trying to do was to compare the fact that not being able to vote was the same as being a slave.  As it turned out, Sumner's statement was a compelling argument and one which further helped pave the way for women's right to vote.

Begging for a good read?  Tired of all the sickly soap opera novels floating around?  Need something new for your book club?  Then take a gander at No Constitutional Right to be Ladies: women and the obligations of citizenship by Linda K. Kerber and blow your book club away!