Resource Review: The Practice

by guest author Dan Brackmann

This month’s issue highlights The Practice. The Practice is a bi-monthly publication from Harvard providing research and commentary on the legal profession. Each issue explores a particular theme related to the practice of law and is produced in a format that aims to be accessible to busy students, faculty, and practitioners.

2020 issues: Lawyers on the Board; Approaching Lawyer Well-Being; Clinical Legal Education

The Practice is not just for practitioners; much of its content pertains to teaching and different areas of scholarly interest.

For example:

You can access the journal using the link in the first paragraph or through the law library’s electronic resources page at: http://guides.law.sc.edu/Databases. The Practice can be accessed from off-campus using your university login credentials.

If you have questions or ideas for future Resource Reviews, please email Dan Brackmann.

Faculty Publication Awards

Congratulations to Professors Elizabeth Chambliss and Emily Suski on their articles and to Professor Joseph A. Seiner on his book, all of which were selected by the law school faculty for this year’s Faculty Publication Awards.

Articles

Elizabeth Chambliss, Evidence-Based Lawyer Regulation, 97 Wash. U.L. Rev. (2019). scholarcommons.sc.edu/law_facpub/336/

Emily Suski, The School Civil Rights Vacuum, 66 UCLA L. Rev. 720 (2019). scholarcommons.sc.edu/law_facpub/344/

Book

Joseph A. Seiner, Employment Discrimination: Procedure, Principles, and Practice (2d ed. 2019). (Ebook version on publisher website. The law library has ordered a library copy in print, but it is not yet available, due to a change to a new catalog system coinciding with COVID-19 closure.)

Remote Resources for Anti-Racism

2016

Nishaun T. Battle, From Slavery to Jane Crow to Say Her Name: An Intersectional Examination of Black Women and Punishment, 15 Meridians 109 (2016). bit.ly/SayHerNamebyBattle

Juliet Hooker, Black Lives Matter and the Paradoxes of U.S. Black Politics,  44 Political Theory 448 (2016). bit.ly/BlackLivesMatterbyHooker

2017

Christopher J. Lebron, The Making of Black Lives Matter: A Brief History of an Idea (2017). bit.ly/MakingofBlackLivesMatterbyLebron

2018

Brittney Cooper & Treva B. Lindsey, M4BL and the Critical Matter of Black Lives,  41 Biography: An Interdisciplinary Quarterly 731 (2018). bit.ly/M4BLbyCooperandLindsey

Vanessa Williamson, Kris-Stella Trump & Katherine Levine Einstein, Black Lives Matter: Evidence that Police-Caused Deaths Predict Protest Activity, 16 Perspectives on Politics 400 (2018). bit.ly/PoliceCausedDeathsPredictProtestbyWilliamson

2019

Megan Ming Francis, The Price of Civil Rights: Black Lives, White Funding, and Movement Capture,  53 Law & Society Review 275 (2019). bit.ly/PriceofCivilRightsbyFrancis

Alcinda Manuel Honwana, Youth Struggles: From the Arab Spring to Black Lives Matter & Beyond, 62 African Studies Review 8 (2019). bit.ly/YouthStrugglesbyHonwana

Resource Review: Digital Public Library of America

by guest author Dan Brackmann

This month’s issue highlights the Digital Public Library of America at https://dp.la/. DPLA connects people to the riches held within America’s libraries, archives, museums, and other cultural heritage institutions. All of the materials found through DPLA—photographs, books, maps, news footage, oral histories, personal letters, museum objects, artwork, government documents, etc. are free and immediately available in digital format. 

screenshot of DPLA logo, search function, browse by topic > Civil Rights Movement > Legal Battles

DPLA allows scholars to search the digital collections of thousands of libraries, archives, and museums nationwide, all in one website. The site contains over 6,300 e-books as well as digitized primary material from various institutions on topics such as civil rights and immigration.

screenshot of Draft of W.E.B. Du Bois' speech re: 14th Amendment, 1947

Here is a link to their Scholarly Research Guide: https://dp.la/guides/the-scholarly-research-guide-to-dpla

In addition to the scholarly uses of the site, it also contains lessons and books for children.

If you have questions or ideas for future Resource Reviews, please email Dan Brackmann.

 

Jurors Powered Through

To our law students getting through exams this week, take heart from a federal jury that kept going through an eight-week trial, and reached a verdict in April 2020.

The Case

When Robert Walter Carlson pleaded guilty to federal drug trafficking charges, he testified that four additional people—his partner, two pilots, and a co-owner of a charter jet company—were part of the scheme to transport drugs.

These four defendants pleaded not guilty. They flew and/or arranged the flights, but they alleged Carlson and others deceived them as to the purpose of the travel and the nature of the cargo. The trial was ongoing in the Eastern District of Kentucky when covid-19 hit.

The Jurors Kept Going

handwritten: Will we receive copies of the testimony transcripts to review with evidence? Request for additional post-its, a dry erase board, and highlighters for our notes
36 pages of jury notes (Bloomberg Law password needed) and responses from Judge Caldwell appear in the federal docket

According to an April 26, 2020 article in the Louisville Courier Journal, federal trials in progress were permitted to go forward at the discretion of the trial judge. Judge Karen Caldwell asked each juror in private whether they were willing to continue. Judge Caldwell also required each juror to fill out a daily questionnaire about their health.

Masks and gloves were offered, and one juror chose to wear a facemask to protect others. The rest of the protective equipment was given to health care workers and first responders. The seating arrangement in the courtroom was altered, and a jury lounge rather than a deliberation room was used, so that all jurors could remain at least six feet from each other at all times.

After nine days of deliberation, the jury reached a verdict of guilty as to one defendant, and not-guilty as to the other three defendants.

How to Find the Case

Thescreenshot docket for this case is on Bloomberg Law at USA v. Matthews, No. 5:17-cr-00118 (E.D. Ky. Oct. 05, 2017).

On law.sc.edu/library, under Quick Links For UofSC Law Students, click Bloomberg Law. Use the password you received from your LRAW professor, or contact Bloomberg Law customer service if you’ve forgotten it.

On Bloomberg Law, under Popular Links, click Dockets Search. In the Dockets Search window, scroll down to Judge and type Caldwell, and paste in the docket number 5:17-cr-00118, then click Search. In the search results, click on the case name USA v. Matthews. To find the jury notes, scroll down to document 602 in the docket.

screenshot

 

 

Resource Review: ProQuest Coronavirus Research Database

by guest author Dan Brackmann

This month’s issue highlights ProQuest’s new Coronavirus Research Database. ProQuest built this database in response to the rapidly growing need for authoritative content related to the novel coronavirus (COVID-19). The company is working together with institutions all over the world to offer support.

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Including coverage of the COVID-19 outbreak, this database curates openly available content related to coronaviruses. It includes thousands of open-access articles from the world’s leading publishers as well as current research from pre-print repositories such as arXiv and will continue to grow and evolve as more is learned about the pandemic.

You can get to the Coronavirus Research Database through this link: https://search.proquest.com/coronavirus

NOTE: To access this database, you may need to connect to ProQuest through the university’s VPN (Virtual Private Network) protocol (such as Cisco AnyConnect). More about what VPN is can be found at https://bit.ly/3dJSqof. Free VPN software can be downloaded from my.sc.edu under Purchase Computer Software.

If you have questions or ideas for future Resource Reviews, please email Dan Brackmann.

Resource Review: Homeland Security Digital Library

by guest author Dan Brackmann

Sent in an email to all current law faculty on February 18, 2020.


This month’s issue highlights the Homeland Security Digital Library, a joint project of the U.S. Department of Homeland Security’s National Preparedness Directorate, FEMA, and the Naval Postgraduate School Center for Homeland Defense and Security. The HSDL contains over 180,000 items to assist academics of all disciplines in homeland defense and security related research. UofSC has access to the full collection except for the Restricted Collection which is only available to U.S. government officals and active military members.

screenshot

The HSDL pulls material from different sources, including:

  • Federal, state, and local governments
  • International governments and institutions
  • Nonprofit organizations and private sector entities
  • Think tanks, research centers, colleges, and universities

The site also has featured topic groups such as cyber policy, cybersecurity, active shooters and school violence, infrastructure interoperability, gangs, terrorism, piracy, and pandemics to name several.

The URL for the site is: https://www.hsdl.org

You can find a flyer with more information here:
https://www.chds.us/c/resources/uploads/2018/03/chds_2017_hsdl_fact_sheet_022018.pdf

If you have questions or ideas for future Resource Reviews, please email Dan Brackmann.

Resource Review: HeinOnline’s Presidential Impeachment Library

by guest author Dan Brackmann

In a timely move, HeinOnline has debuted its Presidential Impeachment Library. “The library collects resources related to all four U.S. presidents who have faced impeachment. Organized by the four affected presidents, this collection brings together a variety of documents both contemporaneous and asynchronous to each president’s impeachment, presenting both a snapshot of the political climate as each impeachment played out and the long view history has taken of each proceeding.”

screenshotThe library also includes relevant Congressional Research Service reports as well as a curated list of scholarly articles, external links, and a bibliography, providing avenues for further resarch on this topic. One of these is the ever-growing Whistleblower Complaint on Ukraine, compiled by Kelly Smith at UC San Diego, which brings together offical documents related to the whistleblower complaint and impeachment inquiry of Donald Trump. Hein plans to continue expanding its collection with new material, particularly as it becomes available for the current investigation into Donald Trump.

Find HeinOnline from the main library page:screenshot

If you have questions or ideas for future Resource Reviews, please email Dan Brackmann.

Resource Review: FRASER

by guest author Dan Brackmann

Sent in an email to all current law faculty on December 13, 2019.


This holiday issue is about the Federal Reserve Archival System for Economic Research or “FRASER.” FRASER is a free public database from the Federal Reserve Bank of St. Louis. FRASER holds a digital library of U.S. economic, financial, and banking history—particularly the history of the Federal Reserve System.

FRASER - Explore Access Learn

FRASER collects raw economic data from the Federal Reserve plus aggregated material from other outside sources. It includes job and salary data, economic reports, monetary policy documents, manufacturing statistics, historical sources, and personal papers. FRASER can be searched in a number of ways, such as for data, for federal reserve material, or for archival material.

map of 1914 Federal Reserve Districts
1914 map of the Federal Reserve Districts

FRASER also has an active blog and Twitter feed to highlight new and interesting material from the database, such as an economic report on Christmas spending from 1953, the records of the Freedman’s Savings and Trust Company, an institution founded in 1865 to provide deposit banking services to African-Americans freed with the Thirteenth Amendment, and a 1914 map of the Federal Reserve Districts.

FRASER offers a tutorial for new users here: https://fraser.stlouisfed.org/howto/

Medical Aspects of Legal Research

Specialized Databases for Law and Medicine

Law students know that Google is usually not the most robust method of finding legal answers.

Google search "how to find answers to legal and medical issues?"

When thorough, accurate research is crucial, law students rely on the specialized online databases provided through the law library.

Likewise, medical students aren’t relying on Google or WebMD. They use their own specialized databases through the medical library.

Medical: AccessMedicine, ClinicalKey, Essential Evidence Plus, Harrison's Online, Ovid MEDLINE, PubMed. Legal: Lexis Advance, Westlaw, Bloomberg Law, HeinOnline
Frequently used resources, as found on the medical library’s website and on the law library’s website

You Can Use Medical Databases

Did you know that many of the medical library’s high-quality online databases are accessible even if you’re not affiliated with the School of Medicine?

Anyone can use these medical databases from any hardwired computer on the University of South Carolina campus, including the computers in the law library.

If you are using your own computer or mobile device, you will need a UofSC Network ID and password.

When Legal Researchers Might Use Medical Databases

Here are a few example scenarios in which legal researchers might benefit from medical library resources.

Health Law and Policy

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When doing legal research that analyzes healthcare-related laws or regulations from a policy perspective, medical resources may provide relevant statistics, as well as important insights from healthcare practitioners.

The medical library has gathered resources on:

Providing Resources for the Whole Client

decorativeSometimes lawyers are trying to help clients in specific situations connect with resources, where the legal aspect is only one component of the situation.

The medical library has gathered resources that may help people who experience:

Standard of Care

decorativeIn medical malpractice cases where the standard of care is at issue, the medical library’s resources may provide context and grounding for expert testimony.

A medical treatise alone is not enough to establish what the standard of care is in specific circumstances; expert testimony is needed. Botehlo v. Bycura, 282 S.C. 578, 584, 320 S.E.2d 59, 63 (Ct. App. 1984).

However, an expert must do more than testify that the doctor deviated from the expert’s “personal standard of care;” the expert must testify that the doctor fell short of “the generally accepted standard of care.” Guinan v. Tenet Healthsystems of Hilton Head, Inc., 383 S.C. 48, 57, 677 S.E.2d 32, 38 (Ct. App. 2009).

Medical library resources on practice guidelines may be helpful.

Understanding a Personal Injury

motorcycle accidentThe facts of some legal cases hinge on a physical injury.

Facts such as where on the body the injury occurred, how that body part is supposed to function, and how an injured person could be affected, may be crucial facts for a lawyer to understand in order to form a case strategy. They may also be critical facts for the judge and/or jury to understand in order to reach a certain result.

Medical library resources on anatomy may be helpful. After learning the correct medical terminology to refer to a body part or type of injury, it may be helpful to keyword-search medical databases such as AccessMedicine or ClinicalKey.

There Is No Substitute

To be clear, medical library resources are not a substitute for medical advice or medical care.

However, medical library resources are a significant step up from unvetted information found online.

screenshot of UofSC School of Medicine Library website
The main portal to the UofSC School of Medicine Library website: https://uscmed.sc.libguides.com

The author of this blog post, Eve Ross, thanks Laura Kane of the medical library for her assistance in navigating medical library resources.