- Find it in our catalog, which is searchable on our homepage, law.sc.edu/library. For example, you could type in the search terms “American Soul” and press Enter, then click on the title.
- Under the words “Connect to:” click the link that says “USC All libraries from EBSCOhost.”
- Click the link that says “USC School of Law.”
- You can browse the Table of Contents or view the whole book as a PDF, among other options.
“Stickin’ with The Pig: A tale of loyalty and loss”
Tony Bartelme writes in the Post and Courier about the Piggly Wiggly chain that revolutionized the grocery business at the start of the 20th century, grew to become a beloved icon in the South, and is now facing a lawsuit over business decisions that are alleged to have resulted in difficulty paying obligations to employees.
The amended complaint includes these words:
How to Find Federal Court Documents Using Bloomberg Law
To find the court documents in the Piggly Wiggly lawsuit:
1. Log in to Bloomberg Law.
2. On the left, click “Litigation & Dockets.” Then click “Dockets Search.”
3. In the Courts field, select the U.S. District Court of South Carolina.
4. In the Docket # field, type 2:16-cv-00616.
5. Click on the caption of the case (the blue link) to see the docket for the case.
6. All documents in the lawsuit so far are listed in the docket. Key documents have a link to “View,” meaning that the full text is available online free, through your student Bloomberg Law subscription.
Our law library director, Duncan Alford, recently returned from a trip to Asia, bearing gifts: mango-flavored gummies.
Does this have anything to do with legal research? We’ve never sampled mango-flavored legal research before, but it’s worth a try.
7 U.S.C. § 608e-1(a) provides that when a marketing order regulates the “grade, size, quality, or maturity” of mangoes grown in the U.S., then imported mangoes must also meet the standards set out in the marketing order.
Mango Secondary Sources
According to the National Agricultural Law Center’s overview, a marketing order is a legal instrument issued by the Secretary of Agriculture to regulate the commercial handling of an agricultural commodity, with the purpose of stabilizing market conditions. The USDA’s website provides a list of commodities currently subject to marketing orders, and as of this writing, mangoes are not on the list.
Although there is currently no marketing order relating to mangoes, there is a Mango Promotion, Research and Information Order codified at 7 C.F.R. pt. 1206.
In Krome v. Commissioner, 9 T.C.M. (CCH) 178 (1950), the U.S. Tax Court held that Florida taxpayers whose fruit trees were damaged—but not destroyed—by a hurricane, used reasonable methods to calculate the deductible losses to their avocado, citrus, and mango trees.
Origins of U.S. Copyright Law
The U.S. Supreme Court first made a ruling on the issue of copyright on this date 183 years ago: March 19, 1834. In Wheaton v. Peters, 33 U.S. 591 (1834), the Court ruled that an author’s rights in published works are limited by laws Congress has passed. Copyright.gov’s interactive timeline lets viewers explore this and other important dates in the history of U.S. copyright law.
Alice’s Adventures in Copyright Wonderland
As an example of how copyright laws affected one published work, Charles Dodgson pseudonymously published Alice’s Adventures in Wonderland in 1865. The applicable law was Britain’s Copyright Act of 1842, which provided that copyright would last either 7 years after the author’s death, or 42 years after the date of first publication, whichever was longer.
Charles Dodgson died in 1898. Seven years after his death was 1905. The longer time period in this case was 42 years after 1865 (the date of first publication), meaning that the copyright lasted until 1907.
Since the time Alice entered the public domain in 1907, the story has been reprinted, retold, reillustrated, and remixed in many ways, including:
Library Resources on Copyright Law
Below are a sampling of the 900+ resources on copyright law held at Coleman Karesh Law Library.
In O’Connor v. Oakhurst Dairy, No. 16-1901 (1st Cir. Mar. 13, 2017), the First Circuit Court of Appeals delves deep into the rules about commas in order to interpret a Maine statute.
What would you think? If drivers only distribute perishable food, but do not pack the perishable food for distribution, would the overtime provision of the statute apply to those drivers?
Is the last item in paragraph F “packing for shipment or distribution?” This interpretation would allow the drivers to get overtime pay, since they do not participate in “packing for shipment or distribution.”
Or is the last item in paragraph F “distribution?” This interpretation would allow the dairy not to pay the drivers overtime, since the drivers participate in “distribution.”
Both parties in this case turn to the Maine Legislative Drafting Manual to support their interpretations of the statute. In a footnote, the court provides string citations to other legislative drafting manuals, and even to an electronic journal on teaching legal research and writing in the law school classroom.
Ultimately, the text of the statute was ambiguous, because there was no comma before the words “or distribution.” Because of the ambiguity, the First Circuit had to look outside of the language of the statute in order to interpret it. This is a remedial statute that the legislature intended for the benefit of workers, so the court gave the drivers the benefit of the doubt on how to interpret it.
What if a case like this arose in South Carolina?
Or what if it’s your job to draft a clearly worded S.C. statute?
- There is no publicly available South Carolina legislative drafting manual.
- Perhaps one would turn to the same resources the First Circuit cites in its footnote above: journal articles and federal drafting manuals for the U.S. House and Senate.
- Perhaps one would search for legislative drafting resources held at the Coleman Karesh Law Library.
What is a Medical-Legal Partnership?
A medical-legal partnership exists when people’s needs blur the line between medicine and law, and professionals work together to address the whole problem.
For example, a doctor can treat asthma symptoms. But if the asthma is being triggered by mold or pests in rental housing, addressing the underlying issue may require a lawyer. A medical-legal partnership at Cincinnati Children’s Hospital allows families to speak to legal aid lawyers on-site at the hospital whenever it appears there may be a legal component to a patient’s health problems.
Veterans’ Medical-Legal Partnerships
In December, University of South Carolina School of Law hosted a symposium on access to justice for veterans. One panel at the symposium discussed various forms of medical-legal partnerships that benefit veterans. For example, veterans receiving treatment at a VA hospital in San Francisco can also get a “legal check-up” to address needs such as simple wills and health care powers of attorney before there is an emergency.
As another example, law students at Stetson University College of Law do supervised legal work in a Veterans Advocacy Clinic, where they help veterans get the benefits they deserve. This requires working closely with a medical team that makes the relevant medical determinations.
- Professor Chambliss is the director of the NMR&S Center on Professionalism, which sponsored the symposium.
- Professor Suski has taught in a medical-legal partnership.
- Numerous journal articles about medical-legal partnerships are available on HeinOnline and other providers sourced through the law library.
- Books on medical-legal partnerships are available through interlibrary loan, including the examples below.
Law students with a little more free time than usual over winter break may want to check out the following law-related blogs in particular, since the topics relate to law students, early-career lawyers, or legal career advice. Links to blog home pages and sample blog posts are below.
Birmingham lawyer/blogger Keith Lee who has been in practice for roughly six years, writes about the transition from law school to lawyer, getting that first job, and improving from there.
This is the official blog of the ABA’s Law Student Division.
A law professor at the University of Chicago blogs about law schools nationwide. Some posts are deep dives into the inner workings of legal academia, while some are directly of interest to current law students.
- Law schools ranked by employment outcomes based on 2015 ABA data
- Law schools ranked by average indebtedness of graduates
Nicole Abboud passed the bar five years ago. She practiced family law, then fashion law, then founded the Gen Why Lawyer podcast.
One law professor with multiple teaching awards (Deborah J. Merritt) and one 27-year-old law graduate who has been named by National Law Journal as one of the 100 most influential lawyers (Kyle McEntee) moderate a discussion about how law school and the legal profession need to change.
- Council Approves New Bar Passage Standard
- Can We Increase Racial and Ethnic Diversity in the Legal Profession?
A former lawyer who now works as both a consultant to law firms and a career strategist for lawyers, writes an advice column for lawyers.
- Life is pretty bad for me. I hate my job and am going through a divorce. Is it ok to look for a new job now?
- Why are employers so biased against relocation candidates? Would attending an MBA or LLM program in my desired city help my candidacy?
Thanks to the ABA for highlighting so many interesting blogs. See all Top 100 Blawgs.