D.U.L.L. News Archive: 2004 - 2006


Newsletter of the Duke University Law Library


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D.U.L.L. News is the newsletter of the Duke University Law Library. Comments and suggestions are always welcome.

Editor: Laura Scott


Posted 1 June 2006

Welcome, Summer Starters!

The Duke University Law Library ("DULL," get it?) staff is glad you're here. We know the first semester can be challenging, and we are here to help point you in the right direction in your studies. Feel free to ask us any questions you might have. During the summer, you will find us in the library from 8:00-5:00, Monday through Friday, except holidays. (As a law student, you also have 24/7 access to the library with your DukeCard.) Also, check out our first year survival guide, which lists books on taking exams and succeeding at law school and tells you how to find study aids and your professors' publications.

With this issue of DULL News, the law library's monthly online newsletter, we welcome you to Duke Law and offer tips for using the library and getting your first year off to a successful start.

Posted 20 March 2006

History of Women in the Law

Do you recognize the following names? Elizabeth Ware Packard? Charlotte E. Ray? Soia Mentschikoff? If not, you should get to know them! While theirs might not be household names, the achievements, advocacy, and dedication of these women made them early leaders in the legal field. Elizabeth Ware Packard, after being wrongfully committed to a mental hospital by her tyrannical husband, successfully advocated for reforms in commitment, marital property, and child custody laws in several states in the 1860s. Charlotte E. Ray, “the first lady lawyer in Washington, [D.C.],” was also the first African-American woman attorney in the U.S. and an expert on corporate law. Soia Mentschikoff was one of the few female law professors in the 1940s, a principal drafter of the Uniform Commercial Code, and the first female president of the Association of American Law Schools. (For more information about the lives and careers of these and 47 other important women in the law, see Dawn Bradley Berry, The 50 Most Influential Women in American Law (KF353 .B47 1996).

Here at Duke Law, we have our own history of women’s achievement in the legal field. Miriam Cox, described in the press as a “Golden Haired Portia,” supported herself as an undergraduate at Duke Woman’s College, finishing in three years, before becoming the first woman to enroll at Duke Law. In 1974, the first African-American women, Evelyn Omega Cannon, Brenda Becton, and Karen Bethea-Shields, graduated from the law school. All three went on to become judges.

In honor of the 70th anniversary of women at Duke Law in 1997, the law school held a symposium to celebrate the achievements of its alumnae. In anticipation of that event, Duke Law Magazine published a special history of women at Duke Law and a timeline of American women in the law. See “A Celebration of Women: 70 Years at Duke Law School,” Duke Law Magazine, Fall 1997, at 3-31. Also check out a video of the symposium by the same title, available at the circulation desk.

The law school’s proud record with respect to women continues to the present, of course. Today, according to ABA statistics, only 19% of law school deans are women, but Duke Law has had two female leaders: Dean Pamela B. Gann (1988-1999) and Dean Katharine T. Bartlett (2000-present).  Dean Bartlett is herself a nationally-recognized expert on gender and law. Most recently, the Program in Public Law’s Great Lives in the Law series has brought several distinguished women to the law school. We’ve been honored by visits from Supreme Court Justices Sandra Day O’Connor (video available at the circulation desk) and Ruth Bader Ginsburg (view webcast), former U.S. Attorney General Janet Reno (view webcast), and New York Times Supreme Court correspondent Linda Greenhouse (view webcast).

With this Women’s History Month issue of DULL News, we honor these and the many other great women in the law and highlight resources on the history of American women in the legal field.

Posted 20 February 2006

Corporate Governance and Financial Reporting after Enron

The criminal trial of former Enron executives Kenneth Lay and Jeffrey Skilling began last month in federal court in Houston, Texas. They are accused of securities fraud and conspiracy to commit securities and wire fraud, among several other charges. The charges against Lay and Skilling arose from the misleading financial statements Enron filed with the Securities and Exchange Commission during their tenure and their own statements to shareholders, analysts, and auditors about Enron’s financial health. This closely-watched trial is expected to take up to four months to complete.

In response to the spectacular collapse of Enron in 2001--as well as the WorldCom, Adelphia and other corporate accounting scandals--Congress enacted "An Act to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes," Pub. L. 107-204, 116 Stat. 745, in July 2002. This statute is commonly known as the Sarbanes-Oxley Act of 2002 (a.k.a. SOX or SarbOx or SOA) for two of its sponsors, Senator Paul S. Sarbanes and Representative Michael G. Oxley.

Described as "the broadest package of federal disclosure and corporate governance legislation since the federal securities laws were first enacted in the 1930s," Sarbanes-Oxley affected many aspects of the corporate governance and financial reporting of U.S. public companies. John T. Bostelman, The Sarbanes-Oxley Deskbook 2-2 (2003). For example, in an effort to prevent securities fraud through increased accountability, Sarbanes-Oxley (and its accompanying SEC regulations) imposed heightened accounting, control, conflict-of-interest avoidance, and financial reporting requirements on companies and their officers and directors. The act also increased the criminal penalties for corporate fraud. In addition, it regulated the accounting firms providing auditing services to public companies through the creation of the Public Company Accounting Oversight Board (PCAOB) and through new rules on auditor independence. Finally, and importantly for many of you, Sarbanes-Oxley and the new SEC regulations created new rules of professional conduct for attorneys appearing and practicing before the SEC, which includes providing advice on a company’s SEC filings.

Corporate governance and financial reporting reform will remain a hot topic in corporate and securities law in 2006. Since the enactment of Sarbanes-Oxley, there has been continuing controversy over the expense of complying with its stringent control and reporting requirements, particularly for smaller publicly-traded companies and private companies considering going public. Business groups are lobbying for amendments to Sarbanes-Oxley, and a federal lawsuit challenging the constitutionality of the PCAOB was filed last week in Washington, D.C. Also, SEC Chairman Christopher Cox has indicated that the SEC’s rulemaking agenda for this year will include further strengthening the corporate disclosure rules to make executive compensation more transparent.

Want to learn more about Enron, Sarbanes-Oxley, or corporate governance in general? This issue of DULL News highlights some good starting places. For more information or additional resources, just contact the Reference Desk.

Posted January 2006

Spring Semester Print Edition

Dull News

Download the spring issue of Dull News (.pdf)

Posted 6 December 2005

On the Lighter Side

A secretary, a paralegal and a partner in a city law firm are
walking through a park on their way to lunch when they find an
antique oil lamp. They rub it, and a Genie comes out in a puff of smoke.

The Genie says, "I usually grant three wishes, so I'll give each of you one."

"Me first! Me first!" says the secretary. "I want to be in the
Bahamas, driving a speedboat, without a care in the world.

Poof! She's gone.

In astonishment, "Me next! Me next!" says the paralegal, "I want to be in Hawaii, relaxing on the beach with an endless supply of piña coladas and the love of my life."

Poof! He's gone.

"You're next," the Genie says to the partner. The partner says,
"I want those two back in the office after lunch."

With exams under way, we thought you could use a little break from the serious in this issue of DULL News. Over the coming weeks, you will be thinking deep thoughts of important issues like Chevron deference, the fruit of the poisonous tree, and the perfection of security interests. When you are ready for a study break, though, check out some of the lighter legal resources highlighted here for your enjoyment and stress relief.

Posted 4 November 2005

U.S. Supreme Court Nomination

On October 31, President Bush nominated Judge Samuel A. Alito, Jr. to the U.S. Supreme Court to fill the seat of retiring Justice Sandra Day O'Connor. With Senate Judiciary Committee hearings on the appointment scheduled to begin January 9, 2006, Judge Alito's professional experience, legal views, and judicial record will be the subject of intense scrutiny over the next two months.

This issue of D.U.L.L. News highlights resources for finding biographical information about Judge Alito and for researching his opinions and other writings, as well as those of other judges. For further information about the Supreme Court nomination and confirmation process, take another look at the August 15, 2005 issue of D.U.L.L. News.

Posted 7 October 2005

Supreme Court 2005 Term Commences

The United States Supreme Court is the most watched and researched court in the country, if not the world. Its opinions are available in many formats, and many primary and secondary sources are available for research into the Court's decisions and the Court itself. Supreme Court resources are often organized by term, which starts on the first Monday each October.

The Supreme Court’s official web site, http://www.supremecourtus.gov/, debuted in 2000 and continually adds materials. Visit the official site for official docket information and the Court's calendar.

According to the Supreme Court's web site: "The Court's caseload has increased steadily to a current total of more than 7,000 cases on the docket per Term. The increase has been rapid in recent years. In 1960, only 2,313 cases were on the docket, and in 1945, only 1,460. Plenary review, with oral arguments by attorneys, is granted in about 100 cases per Term. Formal written opinions are delivered in 80-90 cases. Approximately 50-60 additional cases are disposed of without granting plenary review."

Researchers are interested in the Court's docket for a number of reasons including the anticipated outcome of a particular case or knowing which cases the Court chooses to hear. One of the best sources for current information on the Court's docket is U.S. Law Week. The library receives this publication in paper (Index Tables & Reserve) 2 and keeps older editions in Superceded Reference (Level 1). The United States Supreme Court Monitor provides summaries of the current OT as soon as certiorari is granted. In addition, news coverage is gathered from major legal newspapers.

For more information on researching the Court, check out the Law Library's U.S. Supreme Court Research Guide.

Posted 15 August 2005

Supreme Court Resignations and Nominations

John G. Roberts


On July 19, 2005, Roberts was nominated by President George W. Bush to fill the vacancy on the U.S. Supreme Court created by the retirement of Associate Justice Sandra Day O'Connor.

Judge Roberts graduated from Harvard College, summa cum laude, in 1976, and received his law degree, magna cum laude, in 1979 from the Harvard Law School, where he was managing editor of the Harvard Law Review. After law school, he served as law clerk for Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit and the following year to then-Associate Justice Rehnquist of the Supreme Court of the United States.

Following his clerkship experience, Mr. Roberts served as Special Assistant to United States Attorney General William French Smith. In 1982 President Reagan appointed Mr. Roberts to the White House Staff as Associate Counsel to the President, a position in which he served until 1986. Mr. Roberts’ responsibilities as Associate Counsel to the President included counseling on the President’s constitutional powers and responsibilities, as well as other legal issues affecting the executive branch.

He then joined Hogan & Hartson where he developed a civil litigation practice, with an emphasis on appellate matters. He personally argued before the United States Supreme Court and the lower federal courts, participating in a wide variety of matters on behalf of corporate clients, trade associations, governments, and individuals.

Mr. Roberts left the firm in 1989 to accept appointment as Principal Deputy Solicitor General of the United States, a position in which he served until returning to the firm in 1993. In that capacity he personally argued before the Supreme Court and the federal courts of appeals on behalf of the United States, and participated in formulating the litigation position of the government and determining when the government would appeal adverse decisions. Mr. Roberts had general substantive responsibility within the Office of the Solicitor General for cases arising from the Civil and Civil Rights Divisions of the Justice Department, as well as from a variety of independent agencies. He returned to Hogan & Hartson in 1993.

Mr. Roberts has presented oral arguments before the Supreme Court in more than thirty cases from 1990 to 2002, covering the full range of the Court’s jurisdiction, including admiralty, antitrust, arbitration, environmental law, First Amendment, health care law, Indian law, bankruptcy, tax, regulation of financial institutions, administrative law, labor law, federal jurisdiction and procedure, interstate commerce, civil rights, and criminal law.

Judge Roberts was confirmed by the Senate to a judgeship on the U.S. Court of Appeals for the D.C. Circuit on May 8, 2003, and sworn in on June 2 by Chief Justice Rehnquist. At the time of his confirmation, Judge Roberts was the senior partner in charge of Hogan & Hartson's appellate practice. He is a member of the American Law Institute and the American Academy of Appellate Lawyers.


Born: Buffalo, NY, January 27, 1955
Education: Harvard College - A.B., 1976; Harvard Law School - J.D., 1979
Bar Admittance: 1981 District of Columbia
1979 - 1980 United States Court of Appeals for the Second Circuit, Law Clerk to Honorable Henry Friendly
1980 - 1981 Supreme Court of the United States, Law Clerk to Honorable William H. Rehnquist
1981 - 1982 United States Department of Justice, Special Assistant to the Attorney General
1982 - 1986 White House Counsel’s Office, Associate Counsel to the President
1986 - 1989 Hogan & Hartson, Associate
1989 - 1993 United States Department of Justice, Principal Deputy Solicitor General
1993 - 2002 Hogan & Hartson, L.L.P., Partner
2002 - present United States Court of Appeals for the D.C. Circuit, Judge

Sources: U.S. Courts, http://www.cadc.uscourts.gov/; U.S. Dept. of Justice, http://www.usdoj.gov/olp/

By Judge Roberts

John G. Roberts, Jr., Article III Limits on Statutory Standing, 42 Duke L.J. 1219 (1993).
The article examines the A Legal Times article characterizes, stating, "in a 1993 law review article Roberts penned shortly after his departure from the government, he holds little back about his own views--and offers a passionate defense of Justice Antonin Scalia."

John G. Roberts, Jr., Riding the Coattails of the Solicitor General, Legal Times, Mar. 29, 1993, at 30.

John G. Roberts, Jr., The 1992-93 Supreme Court, 1994 Pub. Int. L. Rev. 107.

On Judge Roberts

John G. Roberts, Jr. has been characterized as "one of the best Supreme Court advocates in recent memory." Michael M. Gallagher, Disarming the Confirmation Process, 50 Clev. St. L. Rev. 513, 531 (2002/2003) (examining potential flaws in the judicial nomination process). The article notes that Roberts did not receive a Senate confirmation hearing for his current appointment during Senator Leahy's tenure as chair of the Judiciary Committee. The result was a two-year stall in his confirmation. See U.S. Dept. of Justice: Office of Legal Policy, Judicial Nominations, at http://www.usdoj.gov/olp/judicialnominations108.htm.

For more information on the work of Judge John Roberts, use Westlaw Profiler (Database PROFILER-ALL) and enter "John G. Roberts." There are close to 900 profile references in the following categories:

  • Verdict and Settlement Summaries
  • Appellate Petitions, Motions and Filings
  • Appellate Briefs
  • Joint Appendices
  • Oral Arguments
  • Cases
  • Law Reviews & Journals
  • Dockets

Also check out http://en.wikipedia.org for general information on the nominee.

Confirmation Process

Congressional Research Service reports

  • Henry B. Hogue, Supreme Court Nominations Not Confirmed: 1789-2004 (updated March 21, 2005). Another update is expected due to the vacancy on the Court. The summary, in part:
    "Of the 154 nominations to the U.S. Supreme Court between 1789 and 2004, 34
    were not confirmed by the Senate. The 34 nominations represent 29 individuals
    whose names were sent forward to the Senate by President. . . .
    These nominations have been the subject of extensive legal, historical, and
    political science writing, a selected list of which is included in this report."
  • Richard S. Beth, Cloture Attempts on Nominations (updated Dec. 11, 2002). The summary, in part:
    "Cloture is the only means by which the Senate can vote to limit debate on a matter,
    and thereby overcome a possible filibuster. . . . From 1949 through 2002, cloture was sought on 35 nominations, and invoked on 21. Only three of the 35
    nominees were not confirmed; all three were among those on whom the Senate rejected
  • Betsy Palmer, Evolution of the Senate’s Role in the Nomination and Confirmation Process: A Brief History (updated June 5, 2003). The summary, in part:
    "The role the Senate has played in the nomination process has depended, in part,
    upon the relationship between the President and the Senate. Nonetheless, while there
    have been many controversies over nominations, the vast majority of nominees
    eventually make it through the process and are confirmed."

In the D.U.L.L. Collection *

David N. Atkinson, Leaving the Bench: Supreme Court Justices at the End (KF8744 .A98 1999).

Michael Cominskey, Seeking Justices: The Judging of Supreme Court Nominees (KF8742 .C63 2004).

Richard Davis, Electing Justice: Fixing the Supreme Court Nomination Process (KF8742 .D383 2005).

Patrick B. McGuigan & Dawn M Weyrich, Ninth Justice: The Fight for Bork (KF8742 .M33 1990).

John Anthony Maltese, The Selling of Supreme Court Nominees (KF8742 .M36 1995).

Roy M. Mersky & J. Myron Jacobstein, The Supreme Court of the United States Nominations, 1916-1981 (KF8744 .J8) (Senate Hearings in 17 volumes).

Barbara A. Perry, A "Representative" Supreme Court?: The Impact of Race, Religion, and Gender of Appointments (KF8742 .P336 1991).

Christopher E. Smith, Critical Judicial Nominations and Political Change: The Impact of Clarence Thomas (KF8742 .S57 1993).

Norman Vieira & Leonard Gross, Supreme Court Appointments: Judge Bork and the Politicization of Senate Confirmations (KF8742 .V54 1998).

Artemus Ward, Deciding to Leave: The Politics of Retirement from the United States Supreme Court (KF8742 .W368 2003).

George L. Watson & John A. Stookey, Shaping America: The Politics of Supreme Court Appointments (KF8742 .W385 1995).

Justice O'Connor

In the D.U.L.L. Collection *

Walter Dellinger, Justice Sandra Day O'Connor (2003) (videorecording, Reserve).

Nancy Maveety, Justice Sandra Day O'Connor: Strategist on the Supreme Court (KF8745.O25 M38 1996).

Sandra Day O'Connor, The Majesty of the Law: Reflections of a Supreme Court Justice (KF8742 .O274 2003).

Sandra Day O'Connor, Lazy B: Growing up on a Cattle Ranch in the American Southwest (KF8745.O25 A35 2002).

Robert Van Sickel, Not a Particularly Different Voice: The Jurisprudence of Sandra Day O'Connor (KF8745.O25 V36 1998).

Robert Zelnick, Swing Dance: Justice O'Connor and the Michigan Muddle (KF8742 .Z44 2004).

* Look for these books in the Law Library display case at the end of the week; ask for any one of them at the reference desk.

Posted 28 May 2005

File-sharing cases

The Supreme Court is expected to announce a decision in MGM Studios v. Grokster (link to Supreme Court docket information). The case presents an important question at the crossroads of copyright and innovation: Should the distributor of a multi-purpose tool be liable for copyright infringements committed by its end users? The Ninth Circuit said networking services are not liable for vicarious or contributory infringment. 380 F.3d 1154, 1154 (9th Cir. 2004). Oral argument in this case took place in the Supreme Court on March 29; a 55-page transcript is available on the Supreme Court web site, http://www.supremecourtus.gov. With the 2004 term ending next month, a decision is anticipated in the coming weeks. This issue of DULL News explores legal resources and news features on copyright issues of file-sharing and peer-to-peer networks.


The applicable copyright laws in this case come from the U.S. Constitution, federal statute, and case law:

  • U.S. Const., art. I, sec. 8, cl. 8: "The Congress shall have the Power . . . .To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries"
  • Copyright Act of 1976, 17 U.S.C. sec. 101 et seq.
    • Section 102. Subject matter of copyright: In general.
    • Section 106. Exclusive rights in copyrighted works.
    • Section 107. Limitations on exclusive rights: Fair use.
    • Section 109. Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord.
  • Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984).
    • "In summary, the record and findings of the District Court lead us to two conclusions. First, Sony demonstrated a significant likelihood that substantial numbers of copyright holders who license their works for broadcast on free television would not object to having their broadcasts time- shifted by private viewers. And second, respondents failed to demonstrate that time-shifting would cause any likelihood of nonminimal harm to the potential market for, or the value of, their copyrighted works. The Betamax is, therefore, capable of substantial noninfringing uses. Sony’s sale of such equipment to the general public does not constitute contributory infringement of respondent’s copyrights."
    • Id. at 456.
    • "It may well be that Congress will take a fresh look at this new technology, just as it so often has examined other innovations in the past. But it is not our job to apply laws that have not yet been written. Applying the copyright statute, as it now reads, to the facts as they have been developed in this case, the judgment of the Court of Appeals must be reversed." Id.
  • The Digital Millenium Copyright Act of 1998, Pub. L. No. 105-304, 112 Stat. 2860 (codified at 17 U.S.C. sec. 101 et seq. (2000)).
    • Section 512. Limitations on liability relating to material online
  • Audio Home Recording Act of 1992, Pub. L. No. 102-563, 106 Stat. 4237 (codified at 17 U.S.C. sec. 1001 et seq. (2000)).
    • "No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings." 17 U.S.C. sec. 1008.
  • A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001)

Several legal portals examine the issue and provide access to documents and analysis of peer-to-peer file sharing. Findlaw's Special Coverage section includes coverage of the Grokster case, http://news.lp.findlaw.com/legalnews/lit/mpaa/. Besides briefs and lawyers involved in the case, the site links to legal commentary and analysis as well as various related organizations. Analysts have examined similarity to the Napster case, A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001). See http://www.dml.indiana.edu/pdf/AnalysisOfNapsterDecision.pdf. One commentator notes that the distinction between the Napster case and this one, according to the Ninth Circuit, is that "Unlike Napster, which featured a central server that connected user’s computers, Grokster had no central server. Instead, Grokster’s software employed a networking technology licensed from FastTrack, a third party." http://www.alanbergman.com/grokster.pdf.

The Ninth Circuit also relied on Supreme Court precedent that when a technology is capable of substantial non-infringing uses, developers, manufacturers, and providers of the service cannot be held liable for consumers infringing uses of that technology. Sony Corp. v. Universal City Studios, 464 U.S. 417 (1984). The Digital Media Corporation asks key questions in its FAQ from its amicus curiae brief, including:

"If Grokster’s software falls within the Sony standard, and its peer-to-peer technology is capable of substantial non-infringing uses, why is there so much controversy? The Sony defense protects only against liability associated with the development and operation of products and services. But it does not protect against liability for other conduct, such as active encouragement of infringement. Record labels and movie studios have accused Grokster of promoting infringing uses of the Grokster software so that Grokster could build a huge network of users and market the user base to advertisers (including spyware and pornography companies)." Digital Media Corporation, FAQ’s for Friend of the Court Brief Filed by DiMA, NetCoalition, CDT and ITAA, http://www.digmedia.org/docs. See also the Question Presented on the Supreme Court docket, http://www.supremecourtus.gov/qp/04-00480qp.pdf.

How does it work?

Peer-to-peer sharing tools such as Kazaa and Grokster are similar to Gnutella, featured on Howstuffworks, http://computer.howstuffworks.com/. This site breaks file-sharing down into short discussions including "How the Old Napster Worked," "Peer-to-Peer Sharing," and "Is Gnutella Legal?"

In the Law Library Collection

William Cornish, Intellectual property : Omnipresent, distracting, irrelevant? (K1401 .C665 2004)

CNRS communication, Internet et le droit d’auteur : la culture Napster (K1450 .F37 2003)

All the rave : the rise and fall of Shawn Fanning’s Napster (ML3790 .M46 2003)

Jessica Litman, War stories (Occasional papers in intellectual property from Benjamin N. Cardozo School of Law, no. 10) (KF3045.95 .L58 2002)

Sonic boom : Napster, MP3, and the new pioneers of music (ML3790 .A43 2001)

Irresistible forces : the business legacy of Napster & the growth of the underground Internet (Perkins Library 025.0678 M568, I71, 2001)

The Napster litigation and the future of peer to peer file sharing [videorecording]

File sharing [electronic resource] : selected universities report taking action to reduce copyright infringement : report to congressional requesters.

Additional resources

The Winter/Spring 2003 issue of Law and Contemporary Problems - http://www.law.duke.edu/journals/lcp/ - focused on The Public Domain. David Lange touched on peer-to-peer sharing in "Reimaging the Public Domain," and Negativland discussed file-sharing in "Two Relationships to a Cultural Public Domain."

Seagrumn Smith, From Napster to Kazaa: The Battle Over Peer-to-Peer Filesharing Goes International, 2003 Duke L. & Tech. Rev. 0008, available at http://www.law.duke.edu/journals/dltr/articles/2003dltr0008.html, discusses international jurisdiction and enforcement of copyright laws shortly after the judgment against Napster. Kazaa was an Australian-based corporation that now resides in Vanuatu.

Other useful web sites: P2P United: Fighting for the future of peer-to-peer technology, www.p2punited.org; Electronic Frontier Foundation: MGM v. Grokster Backgrounder, http://www.eff.org; Motion Picture Association of America, http://www.respectcopyrights.org; and Recording Industry Association of America, http://www.musicunited.org.

An upcoming event at the University of Maryland University College called, "Symposium on Intellectual Property: Pirates, Thieves and Innocents: Perceptions of Copyright Infringement in the Digital Age," http://www.umuc.edu/cip/symposium, will be held on June 16-17, 2005. The theme,"Exploring the ways in which we think and talk about copyright infringement in our digital age; focusing on issues relevant to the higher education community and the delivery of third-party copyrighted content." Speakers include legal counself of the Recording Industry Association of America (RIAA).

Posted 20 April 2005

Annual Faculty Authors Reception

Date: Thursday, April 21, 2005
Time: 3 p.m.
Location: Burdman Lounge

Faculty, staff and students of the Law School are invited to the Fifth Annual Faculty Authors reception, celebrating faculty scholarship and the contributions of the library in support of this scholarship. Members of the faculty will offer comments on their colleagues' books published during 2004.

In addition, the Law Library will distribute the second annual publication of Beyond Excellence: Duke Law School Faculty Scholarship including a comprehensive list of 2004 scholarly writings by Duke Law Faculty. This year's issue features an essay based on the remarks given by Andrew L. Kaufman, Charles Stebbins Fairchild Professor of law at Harvard, at the Duke Law School Library event celebrating the addition of the 500,000th volume to the law school library.

Honored Books

George C. Christie
Advanced Torts: Cases and Materials (Thomson/West, 2004) (with James Meeks, Ellen S. Pryor & Joseph Sanders)
Cases and Materials on the Law of Torts (Thomson/West, 4th ed. 2004) (with James Meeks, Ellen S. Pryor & Joseph Sanders)

Charles T. Clotfelter
After Brown: The Rise and Retreat of School Desegregation (Princeton University Press, 2004)

James D. Cox
Securities Regulation, Cases and Materials (Aspen Publishers, 4th ed.) (with Robert W. Hillman & Donald C. Langevoort)

Donald L. Horowitz
Facing Ethnic Conflicts: Towards a New Realism (Rowman & Littlefield, 2004) (editor with Andreas Wimmer et al.)

Jonathan K. Ocko
Contract and Property in Early Modern China (Stanford University Press, 2004) (editor with Madeleine Zelin, & Robert Gardella)

Jedediah Purdy
Democratic Vistas: Reflections on the Life of American Democracy (Yale University Press, 2004) (editor with Anthony T. Kronman & Cynthia Farrar)

Arti K. Rai
Law and the Mental Health System (West Publishing, 4th ed. 2004) (with Ralph Reisner & Christopher Slobogin)

William A. Reppy, Jr.
Community Property in the United States (Carolina Academic Press, 6th ed. 2004) (with C. Samuel)

Cesare P.R. Romano
Internationalized Criminal Courts and Tribunals (Oxford University Press, 2004) (editor with Andre Nollkaemper & Jann K. Kleffner)

Thomas D. Rowe, Jr.
Civil Procedure (Foundation Press, 2004) (with Suzanna Sherry & Jay Tidmarsh)

James Salzman
Natural Resources Law and Policy (Foundation Press, 2004) (with James Rasband and Mark Squillace)

Richard L. Schmalbeck and Lawrence Zelenak
Federal Income Taxation (Aspen Publishers, 2004)

Steven L. Schwarcz
Securitization, Structured Finance, and Capital Markets (LexisNexis, 2004) (with Bruce A. Markell & Lissa Lamkin Broome)

Posted 1 April 2005

Right to Die Resources

With the life events and recent death of Terri Schiavo in the headlines, right to die issues are once again in the spotlight of legal discourse. This DULL issue highlights some of the topics and resources that provide timely information on this politically charged area of law.

The Schiavo case has been considered for some time. Rebecca Dresser's Schiavo: A Hard Case Makes Questionable Law was published in the May/June 2004 issue of The Hastings Report. Daniel Eisenberg's The Terri Schiavo Case: Related Ethical Dilemmas appeared on the Society Today web site in November 2003.

Findlaw is representative of the information available on commercial sites available to the public. News, actual court documents, opinions, and related cases are posted along with links to living wills and the lawyers involved in the case: http://news.findlaw.com/legalnews/lit/schiavo/.

Many academic institutions have tracked developments in the Schiavo case. For example, the University of Miami's Ethics Program provides Key Events in the Case of Theresa Marie Schiavo, a detailed look at life events since 1990, when she suffered from cardiac arrest. Links to public documents are available here.

Government Information:
LexisNexis "Get a Document" citations:
  • Federal Decisions:
    • Schindler v. Schiavo, U.S. Supreme Court, (March 24th, 2005): 2005 US Lexis 2757
    • Schindler v. Schiavo, U.S. Court of Appeals for the Eleventh Circuit, (March 23rd, 2005): 2005 US App Lexis 4702
    • Schindler v. Schiavo, U.S. District Court for the Middle District of Florida, Tampa Division, (March 22nd, 2005): 2005 US Dist Lexis 4265
  • Congressional Action:
    • "An Act for the Relief of the Parents of Theresa Marie Schiavo" 109 PL 3: Legislation conferring jurisdiction to US Dist. Ct.
    • Senate Bill: 109 S 686
    • Bill Tracking for Senate Bill: 109 Bill Tracking S 686, links to Congressional Record for remarks and floor debates
    • House of Representatives Resolution to Consider Senate Bill 686: 109 H Res 182
In the DULL collection:
  • National survey of state laws, Ref. KF386 .N38
  • Advance health care directive: a handbook for professionals, R726.2 .K76 2002
  • Right to die policies in the American states, KF3827 .E87 S65 2002
  • The right to die : the law of end-of-life decision making, KF3827.E87 M452
  • Physician-assisted suicide : the anatomy of a constitutional law issue, KF3827.E87 B44 2003
  • Taking advance directives seriously : prospective autonomy and decisions near the end of life, KF3827.E87 O43 2001
  • The essential guide to a living will : how to protect your right to refuse medical treatment, KF3827.E87 Z953 1991
  • In general, browse KF3827 on Level 2.
Decide for Yourself
Living Wills & Powers of Attorney
Donna Nixon, Head of Reference Services

The predicament of the Schiavo family has prompted many of us to think about control of our future health care decisions. As the population ages and as medical technology makes extraordinary and costly life-support available, this becomes even more of an issue. A good way to avoid controversies such as the one that is rending the Schiavo family is to make your wishes known, by putting them in writing. There are several types of documents that one may need to execute to make one's wishes legally documented. The names vary, but here are a few of the main documents and their purposes:

1. Living Will-This is a document that you can execute to indicate whether and in what situations medical personnel should start, continue or stop life support treatments if you become seriously ill and incapacitated to the point where you cannot speak for yourself at the time. Things covered in the form may include use of breathing, feeding and resuscitation apparatus. Such a directive cannot anticipate every possible situation, but must speak of your wishes in broad terms.

2. Medical Power of Attorney or Health Care Power of Attorney-This is a document that appoints one or more persons to make medical care decisions for you should you be incapable of making them for yourself. In a medical power of attorney you can give someone broad or very narrow authority to act as your proxy in the medical decision-making process.

3. Advance Health Directive-This is a document that combines the features of a Living Will and a Medical Power of Attorney. It may also include directives concerning other related matters such as organ donation.

4. Durable Power of Attorney-This is a document that appoints someone to manage your affairs (including financial and other matters, not just your health care decisions) in the event that you become incompetent or incapacitated.

5. Will-This is a document that designates how your property should be disposed of after your death.

Practically speaking, you need only execute an Advance Health Directive, a Health Care Power of Attorney or both in the state in which you spend most of your time. Other states will generally honor those documents. Execution requirements for each of the documents vary by state (e.g. witness requirements, notarization, etc.). So, be sure to look at your specific state's statutes and regulations regarding such documents. Also, you can change the directives by executing a new document at any time. Just make sure to let your family know of the changes and where to locate the original documents. There are also state and commercial "registries" where you can file health directive documents so that they will be readily available to healthcare providers when needed.

Helpful Sites:

ABA Public Education-Health Care Advance Directives

ABA Public Education, Estate Planning Answers

ABA Lawinfo.org, Your Family, Estate Planning/End of Life Issues/Living Wills

State Living Will/Health Care Directive Resources & Forms:

North Carolina
North Carolina Division of Aging and Adult Services, Advance Care Planning/Advance Directives

Registry & Forms:
North Carolina Department of the Secretary of State, Advance Health Care Directive Registry

Advance Health Care Directives:
North Carolina General Statutes §130A-465

Powers of Attorney:
North Carolina General Statutes §32A

New York
New York State Bar Association, Public Resources: New York Living Will

Other States
Wall Street Journal Online: "Advance Directives by State"

Posted 23 December 2004

New Research Guide on Intellectual Property - a preview

The contents of the IP guide provided here will soon be available on the library web site and in paper version at the reference desk. The guide was written by Valerie Weis, reference librarian here at Duke Law, shortly before her departure last year. Donna Nixon updated the guide for publication in the new year.

Intellectual property consists of property rights in patents, inventions, trademarks, copyright and industrial designs. Intellectual property has become a valuable commodity in domestic and international trade. As the value of intellectual property increases, the body of intellectual property law becomes increasingly complex and comprehensive in response to efforts to protect this valuable commodity from being pirated. This guide provides useful starting points for research on United States intellectual property law. It does not discuss every specialization within intellectual property law. Instead, this guide provides a general section on intellectual property law resources and specialized sections on patent law, copyright law, and trademark law, the core areas of intellectual property law.

Basis for Intellectual Property Law

Patents and copyrights are authorized by the United States Constitution, which grants to the U.S. Congress "power…To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." U.S. CONST. art. I, § 8, cl. 8. One can find intellectual property law in U.S. federal and state law and in international treaties (for example, the "TRIPS Agreement"). Often, U.S. federal and state intellectual property law is a mixture of U.S. common law, and federal and state statutes. Below is an annotated list of select intellectual property law resources.


Reference Books & Treatises
Robert C. Dorr and Christopher Munch, Protecting Trade Secrets, Patents, Copyrights, and Trademarks. (3rd ed., 2000) (KF2979 .D67 2000).
This single-volume looseleaf is a useful starting point for researching traditional areas of intellectual property law. It discusses federal and state laws and regulations governing copyrights, patents, trademarks and trade secrets. Citations to key cases and secondary material are included. The publication is kept up-to-date by annual supplements.

Arthur R. Miller and Michael H. Davis, Intellectual Property: Patents, Trademarks and Copyright in a Nutshell (4th ed., 2000) (on Reserve). This book, oriented towards law students, does a good job of summarizing the basics of U.S. copyright, patent and trademark law.

The Filter
Published monthly by the Berkman Center for Internet & Society at Harvard Law School, The Filter newsletter provides the latest news on Internet issues through the eyes of leading experts, scholars, and researchers. You can subscribe to this newsletter by e-mail.

Duke Law and Technology Review
Provides thoughtful and in-depth coverage of the latest law and technology issues. DLTR publishes "ibriefs." Ibriefs are short 10-12 page student-written essays that focus on current intellectual property topics. DLTR has received rave reviews from a number of legal and news organizations. New ibriefs are posted weekly during the school year.

The legal portal site, Findlaw, offers free weekly case summaries on intellectual property and topical legal newsletters on subjects such as cyberlaw, entertainment law, and sports law. Register for the newsletters by e-mail.

IP Law and Business
From the publishers of Law.com and American Lawyer, this practice-oriented site that publishes recent news stories and case summaries focuses on the business of intellectual property protection and features prominent attorneys who practice in the area.

Managing Intellectual Property (Euromoney, 2001-) (Periodicals).
This is a practice-oriented newsletter that is a valuable source of United States and international intellectual property law information.

Both Westlaw and LexisNexis contain a number of intellectual property newsletters and magazines that are oriented towards the practicing attorney. Both include Intellectual Property. LexisNexis includes: Mealey's Litigation Report (MEALEY;MEAIP) and Patent Strategy & Management (NEWS;PATSM). Westlaw includes: Internet Connection (GLINTCON), Internet Law & Strategy (INTERLSTR), E-Commerce Law & Strategy (ECOMLS), and Intellectual Property Law Newsletter (IPLN).

Academic Web Sites
Franklin Pierce Law Center, Intellectual Property Mall
This web site is highly recommended as a starting point for conducting general intellectual property research. The web site contains links to Congressional Research Service documents on intellectual property law and select legislative histories, including those for the Patent Act of 1952 and the Digital Millennium Copyright Act of 1998. Although difficult to navigate, the IP Mall "Web Links by Topic" contains a plethora of information and links to various sub-specialties in intellectual property law.

JURIST, the Legal Education Network, Guide to Intellectual Property Law http://www.jurist.law.pitt.edu/sg_ip.htm
This is a portal of journals, legislation, associations, and course pages that focus on intellectual property law. The site includes information about listservs that may be of interest to students, scholars, and practitioners of IP law.

Association Web Sites
Creative Commons
The brainchild of prominent intellectual property law scholar Lawrence Lessig, Stanford Law School, Creative Commons offers model language for various copyright licenses that are less restrictive then traditional licenses. Certain licenses on the site allow the copyright owner to put his work in the public domain for unrestricted use. Other interesting features of the site include a weblog with comments and links to free/low cost media provided by users and the Common Content, a repository and directory of Creative Commons licensed works.

IP@The National Academies
The National Academies are advisors to the U.S. government on science, technology, and health-related issues. Their Intellectual Property web site contains a number of interesting reports on various intellectual property law issues. Content is organized by topic and by sector.

Virtual Chase
Created by a law firm librarian, this site contains an excellent collection of annotated links to public and commercial sources of intellectual property law.

LLRX: ResearchRoundUp: Searchable Intellectual Property Databases - Updated
Written by attorney Kathy Biehl, this 2002 research guide provides descriptions of the best intellectual property databases for research in the U.S. and abroad.


Patent Law

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. The right conferred by the patent grant is "the right to exclude others" who wish to make, use, offer for sale, or sell the patented invention in the United States or who might import the invention into the United States. 35 U.S.C. § 271 (2000).
The requirements for patentability start at 35 U.S.C. § 101. Regulations on patent law commence at C.F.R. Title 37, chapter 1.

Reference Books
Irwin M. Aisenberg, Modern Patent Law Precedent: Dictionary of Key Terms and Concepts. (5th ed., 2003) (KF3105 .A35 2003).
This is a dictionary of patent terms. Terms are organized alphabetically by keywords and phrases. Words and phrases are taken from summaries of leading patent cases with precedential value and from important sections in the U.S. Code.

Donald S. Chisum, Chisum on Patents (also titled Patents: A Treatise on the Law of Patentability, Validity and Infringement) (1978-) (KF3110 .C4 & in LexisNexis, PATENT;CHISUM).
Scholars and practitioners alike frequently cite this essential treatise on patents. The huge fourteen-volume looseleaf set includes a glossary of patent terms, federal circuit guide, forms, statutes and commentary. This set is supplemented four times a year to stay current with the most recent patent law developments.

Patent Grants and Applications
Jeffrey G. Sheldon, How to Write a Patent Application (1992-) (KF3120 .S48 1992).
This is an excellent looseleaf on how to write patent applications. In addition to an extensive treatment on writing applications for utility patents, the book also contains specialized information on writing applications for plant patents, electrical patents, biotech patents, and patents for computer software and chemical inventions. Select provisions of the Manual of Patent Examining Procedure are included in this publication.

Web Sites
United States Patent and Trademark Office

This official U.S. government web site on patents and trademarks is an excellent resource for researching patent grants, patent applications, and trademark registrations. The site also contains many essential reference sources and manuals geared towards the practitioner. The patent grants database contains images of U.S. patents issued since 1790 and the full text of all patents issued since 1976. A new patent applications database contains full text and images of all patent applications published since March 15, 2001.

Westlaw & LexisNexis research on Patents
Both Westlaw and LexisNexis contain full text U.S. patent applications dating back to 1974. Similarly, both Westlaw and LexisNexis possess a number of intellectual property newsletters and journals.
LexisNexis contains a number of prior art research files that are not available in Westlaw. For example, LexisNexis has Technology journals (PATENT;TECHNY) and Computer journals (PATENT;CMPTRS). Westlaw does have a superior collection of treatises on patent licensing such as Eckstrom's Licensing in Foreign and Domestic Operations (ECKLICN) and Licensing of Intellectual Property (LICENSIP).

Unique to Westlaw is its collection of U.K. primary and secondary law sources. The United Kingdom Intellectual Property -Law in Force (UKIP-LIF) database contains U.K. statutes and administrative materials. The United Kingdom Intellectual Case Law Locator (UKIP-CASELOC) is another useful resource for researching U.K. case law.

Copyright Law

Federal copyright law is located in Title 17 of the U.S. Code. Copyright law protects "original works of authorship" that are fixed in a tangible form of expression. According to 17 U.S.C. § 102, copyrightable works may include the following subject matter categories:
(1) Literary works;
(2) Musical works, including any accompanying words;
(3) Dramatic works, including any accompanying music;
(4) Pantomimes and choreographic works;
(5) Pictorial, graphic, and sculptural works;
(6) Motion pictures and other audiovisual works;
(7) Sound recordings; and
(8) Architectural works.
These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works." However, copyright law does not apply to ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. 17 U.S.C. § 102. (Caveat: patent law may apply in some of these instances.)

Paul Goldstein, Copyright Principles, Law and Practice (2nd ed., 1996-) (KF2979 .G63).
Paul Goldstein, a professor at Stanford Law School, has written this scholarly treatise for lawyers, judges, legal researchers, and public policy decision-makers. The set is composed of 13 chapters on all aspects of copyright law. There are extensive citations to primary and secondary authorities including cases, statutes, regulations, legislative history and other documents.

Melville B. Nimmer and David Nimmer, Nimmer on Copyright: A Treatise on the Law of Literary, Musical and Artistic Property and the Protection of Ideas (1978-) (on Reserve).
This ten-volume looseleaf set is the classic treatise on copyright law. Courts and other scholars cite to it frequently. The treatise is an excellent starting place for researching specific aspects of copyright law. Updated twice a year, this treatise stays current with recent copyright law developments.

Web Sites
United States Copyright Office

This web site, the official U.S. government web site for copyrights, contains a number of informative circulars and brochures that focus on the basics of copyright law. The site also includes a helpful "New and Pending Legislation" section that links to full-text U.S. House and Senate bills pertaining to intellectual property law. The U.S. Copyright Office site also contains a searchable database of copyrighted works, which contains records of copyright registrations and ownership documents since 1978. Note, however, that this database is not comprehensive in scope.

LexisNexis & Westlaw Research on Copyrights
Westlaw only provides limited access to a few databases related to copyright law. The "U.S. Copyrights" database (COPYRIGHT) contains copyright registration information dating back to 1978. Westlaw contains an Arnold & Porter Legislative History for the General Revision of the Copyright Act of 1976 (COPYREV76-LH).
LexisNexis's copyright databases are virtually identical to that of Westlaw. However, LexisNexis also provides access to the CIS Index, which is used for compiling legislative histories on copyright laws. Unlike Westlaw, LexisNexis does contain useful Matthew Bender publications pertaining to copyright law such as Nimmer on Copyright (COPYRT; NIMMER) and Geller and Nimmer's International Copyright Law and Practice (COPYRT; INCLP).

Trademark Law

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. Trademark law is embodied in both state and federal law. The seminal federal trademark law is called the "Lanham Act." 15 U.S.C. § 1052 (2000). Regulations for trademarks and trade names start at Title 37 of the C.F.R.

Reference Books & Treatises
International Trademark Association, U.S. Trademark Law: Rules of Practice, Forms, Federal Statutes & Regulations (3rd ed., 2000-) (KF3181 .A3 2000).
This looseleaf gathers and reprints essential U.S. trademark law including the Lanham Act. It also includes the Trademark Rules of Practice, trademark registration forms and other practice-oriented materials.

Adam L. Brookman, Trademark Law: Protection, Enforcement and Licensing (1999-) (KF3180 .B68).
Written by a trademark attorney, this highly readable single-volume looseleaf publication is oriented towards attorneys that are new to trademark law. It is a useful reference source for academic research and includes helpful charts, citations to important case law and a table of cases. Fully up-to-date, Trademark Law: Protection, Enforcement and Licensing provides a thorough analysis of differences between federal circuits on aspects of trademark law.

J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition (4th ed., 1996-) (KF3180 .M32 1996) (on Reserve).
This treatise is considered the most authoritative source of information about trademark and unfair competition law. Supplemented annually, it covers all aspects of trademark and unfair competition law.

Web Sites
United States Patent and Trademark Office

The USPTO site contains a searchable database of over 3 million pending, registered, and dead trademarks. This database is referred to as the "Trademark Electronic Search System" or "TESS." The site also contains introductory materials and several U.S. federal trademark practice guides.

Westlaw & LexisNexis Research on Trademarks
Both Westlaw and LexisNexis gather and organize federal and state trademark cases and trademark registration databases. LexisNexis contains a useful database on domain disputes that includes dispute decisions from international organizations based on the Uniform Domain-Name Dispute-Resolution Policy (URDP).
Students studying trademark law within an international context will find Westlaw more useful for research. Westlaw contains general intellectual property materials from the U.K. that may include trademark and trade name cases.

Roger M. Milgrim, Milgrim on Trade Secrets (1967-) (KF1366 .B87 & in LexisNexis, MATBEN;MILGRM).
Milgrim, a partner specializing in intellectual property law at a prominent law firm in New York, has authored this essential reading for any scholar or practitioner specializing in trade secrets law. This four-volume set is supplemented to stay up-to-date.

J. Thomas McCarthy, The Rights of Publicity and Privacy (1987-) (KF1262 .M4 1987).
This two-volume looseleaf is a useful treatise addressing almost any topic in this area. The author also writes McCarthy's Desk Encyclopedia of Intellectual Property (Ref. KF2976 .M38).

Posted 19 November 2004

The Library and Law School Exams: Study Aids

Practice exams and subject narratives can supplement your preparation for law school exams. In these stressful weeks leading up to exams, searching for more books and readings to add to your load may be the last thing on your mind. Compiled below is a list of useful study materials available in the library along with how to find each. The law library does not carry commercial outlines, but instead supplies major substantive narratives and hornbooks. In general, resources that are in high demand are located on reserve at the circulation desk.

Examples and Explanations Series
This series of books includes over a dozen titles that are great exam preparation aids. The books give a narrative overview of key concepts and rules followed by "examples" (hypothetical questions) and "explanations" (answers to the questions). The series covers topics such as contracts, civil procedure, bankruptcy, environmental law, securities and tax and are written by law professors. In the online catalog search title keyword: "examples and explanations" to see a list of all books in the series. Most of these books can be checked out.

Concepts and Insight Series
These short books are written to complement casebook instruction and consist of concise, conceptual overviews of important areas of law. Written by law professors, the titles in the series cover a wide range of topics such as Eskridge, Frickey and Garret's Legislation and Statutory Interpretation and Chirelstein's Federal Income Taxation. In the online catalog search title: "concepts and insights" to see a list of all books in the series. These books can be checked out.

Understanding Series
These books are useful for both class preparation and reviewing for exams. Titles in this series focus on concise analysis for topics typically offered in the law school curriculum, such as Understanding Contracts or Understanding Evidence. Area of law outlines, a Table of Contents and the text of the first chapter are available on LexisNexis for most titles in this series.

Sum & Substance Audio Tapes
Give your eyes a rest and listen to your study materials. Selected titles in the Sum & Substance audio tape series are available at the Reserve desk. These are lectures covering basic concepts and exam tips designed for law students.

Posted 24 October 2004

Duke Law School Information Services Week: DLSIS is...

This week highlights the role of Duke Law School Information Services: the library, computing services, and educational technologies, in the life of the law school community.

Each of these departments serves the law school community here at Duke. The law library works with faculty, students, and other researchers using a variety of the best online and print resources available for legal research. Computing services provides assistance to the law school community and maintains the printers and computers throughout the building. Educational technologies oversees classroom technology, works on video projects, and maintains the school's website. The three departments make up Duke Law School Information Services, under Senior Associate Dean Richard A. Danner.

This is the first DLSIS Week, which we hope includes information of interest to the law community. In addition to days focusing on each department (see sections below for complete schedule and more library sessions), we hope to see you at law library and joint events:

Movie Night: Tuesday, October 27 at 7:30 pm in Room 3041
Desk Set, starring Spencer Tracy and Audrey Hepburn
The lighter side of technology and libraries
In the late 1950's, at the dawn of the postmodern age, the conflict began. Computers versus books. Electronic versus analog. Bunny Watson, (Katherine Hepburn), and her team of crack reference librarians at a television network's research library, are dismayed by a mysterious stranger lurking around the office. He turns out to be Richard Sumner (Spencer Tracy), an engineer from a fledgling computer firm. The librarians can only assume a computer is coming to replace them! Watch the hilarity unfold as the librarians struggle to prove they're irreplaceable, and Bunny struggles with her growing attraction to Richard. This romantic comedy classic portrays the birth of the issues that have consumed libraries as the electronic era unfolds.

High Tea With Your Faculty Liaison: Wednesday, October 28 at 3:30 in the Burdman Lounge
For Faculty
Reception hosted by the reference librarians for faculty, faculty research assistants and faculty support staff to learn about our services and an enhanced faculty librarian liaison program.

Posted 16 October 2004

Celebrating International Week

In honor of International Week, here are some tips on foreign and comparative law research. People often refer to comparative law, foreign law and international law as "international law" generally. Understanding the differences can help you focus your research.

Foreign law is the domestic law of individual countries, sometimes called "municipal law." The sources of domestic law are constitutions, statutes, regulations and court decisions. Comparative law is a method of studying similarities and drawing distinctions between different legal systems.

Public international law is the area of the law most of us think of when we use the term "international law." These laws govern the relationships among national governments and intergovernmental organizations, including treaty law. Private international law (or conflict of laws) governs the choice of law to apply when there are conflicts in the national law of different countries in private transactions (e.g., contracts, marriage and divorce, jurisdiction, recognition of judgments, child adoption and abduction). A recent addition to the international law area is the Electronic Information System for International Law, http://www.eisil.org, a free web site that includes resources ranging from research guides and links to authoritative web sites to primary resources such as treaties.

Library resources in foreign and comparative law include many databases, research guides, and materials available on Level 1. Katherine Topulos, Foreign and International Librarian, is also available for inquiries and research guidance in this area. Contact her at 613-7198 or topulos@law.duke.edu.

Posted 6 October 2004

Fundraising for Libraries in Developing Countries

Donna Nixon, Head of Reference Services here at Duke Law, is working with World Library Partnership (WLP) to help start libraries in South African schools and communities. WLP is a North Carolina non-profit organization that sends librarians and other volunteers to developing countries to assist communities in creating libraries that provide language appropriate and culturally appropriate resources for children and their families. Currently WLP's work is focused in impoverished South African communities.

To raise funds, WLP is having a jewelry and scarf sale event here in the Triangle on October 30th from 1pm to 4pm at the Arts Center, 100 Lloyd Street, in Carrboro. The event will include fun activities for kids and adults and sale of some South African jewelry and crafts in addition to sale of donated jewelry and scarves. If you have any jewelry or scarves (used or new) that you would like to donate, please drop them by Donna's office in the Law Library (Room 3062) or contact Donna at 613-7113 or nixon@law.duke.edu. The donation is tax deductible.

Donna worked with libraries in impoverished rural areas in South Africa in 2001. The funds she raised helped provide her adopted school library with $500 to purchase culturally relevant and language appropriate material. Donna worked there with a high school library, helping the teacher-librarian to select material, organize the library, process library materials, find fundraising options, and train teachers and students to use computers and to use print and electronic resources. What she found when she got there was a virtually empty library and 1,600 enthusiastic learners. What she left at the end of her stay was a library partially filled with newly purchased and processed resources--including five used PC's. She also left a teacher/librarian and several students newly competent in basic computer literacy, an administration working on Internet access for the library, and, of course, the same bright and now even more enthusiastic students.

To find out more about the World Library Partnership, please visit their website at http://www.worldlibraries.org/.

Posted 5 September 2004

Research Guides produced by the reference department

Research guides are useful when starting projects on unfamiliar legal topics. The library reference department updates approximately 25 research guides each year. The guides often highlight resources available in the law library and through the Internet. Consulting these guides may save time and can be used in conjunction with the catalog or secondary authorities.

A number of general legal research guides are available either in print at the reference desk or from the main library site. First year students were given guides on treatises, research and writing, and a "survival guide" during library orientation. Legal Research for Non-Lawyers, Introduction to the US Legal System, and Legal Research on the Internet are also helpful introductions to legal research.

Foreign and International materials are a strong area of focus at Duke Law Library. Katherine Topulos updates about a dozen guides each summer on a range of topics including Foreign and International law generally, English law and legal history, organizations such as WTO and the Council of Europe, agreements or treaties such as NAFTA, and specific legal areas such as international criminal law.

The guides aim to help you navigate our collection, which includes directories for lawyers and the judiciary, quick tips on looseleaf services and formbooks, and guidance on locating court rules. Substantive legal research guides are also available, including guides to environmental law and federal tax law.

If there is a confusing or new area of law you are interested in, the reference department encourages you to suggest new research guide topics. Stop by the reference desk to make suggestions or, as always, to ask for assistance with your research problem. The research guides are not aimed to replace reference assistance, but may provide a starting point.

Posted 20 August 2004

News for the new academic year

Welcome to the Class of 2007 and welcome back Journal staff members. August 16-20 marks orientation season around the law school, including familiarizing yourselves with the law library and available resources.

First-year students may want to check out the library maps or read The Figures before your library orientation, scheduled in the early weeks of your Legal Analysis, Research, and Writing course.

Journals may have scheduled library orientations with your assigned librarian:
Melanie Dunshee: Duke Law Journal
Donna Nixon: Law and Contemporary Problems
Michael Hannon: Duke Environmental Law and Policy Forum
Katherine Topulos: Duke Journal of Comparative and International Law
Joy Hanson: Duke Law and Technology Review, Alaska Law Review

Feel free to contact the librarians individually or at the reference desk about scheduled orientations or any research assistance you need in the coming weeks.

Journal staff members may also be interested in changes to various online resources. Duke Libraries' new upgraded catalog [see July 29 headline] allows you to request books or even photocopies of non-circulating items to be sent from any campus library directly to the law library for your borrowing convenience. Journal staff will no longer need to travel across campus for most print resources; they will come to you! All you need to do is sign in to the catalog with your NetID to identify yourself as the borrower. (Forgot your NetID or password? Call the OIT Help Desk, 684-2200.) When you are viewing the catalog record of a book you want, just click on the location information and then the request link on the left side of the screen. Signing in to the catalog is also helpful to utilize search options and save research trails.

Database changes are notable at the beginning of an academic year, especially journal staff starting cite-checking assignments. Lexis, Westlaw, and HeinOnline are major databases that made significant changes over the summer.

Lexis is changing its search interfaces and citation formats. A new search box will be launched on August 26, allowing segment searching under Natural Language searches. (Segment searches narrow results to specified portions of the document; for example, you can search headnotes of cases rather than entire opinions.) The new search box also includes enhanced explanations of connectors in Terms & Connectors searches. A new FOCUS tool bar allows the user to enter terms and change options from the results screen, saving navigation time when you want to narrow search results. The "Copy w/ Cite" option allows you to cut and paste selected text, with an enhanced feature that strips away html coding and table formats from the Lexis screen, creating cleaner word processor documents. Citations in this feature are also formatted closer to Bluebook standards than ever before. Visit http://www.lexis.com/lawschool/learning/ for more information and tutorials.

Westlaw launched a new home page interface this summer, shifting organization of information and adding new features to search screens. From the main page, students may now sign up for training sessions online (and may still do so in the training room on Level 2), tutorials and learning tools are included under Discover Westlaw, and Quick Research allows for faster retrieval of documents. In the research interfaces, you can now e-mail research trails to yourself or others you may be dividing research with. Explore http://lawschool.westlaw.com or contact your student representatives, Joy Ganes and Fritz Swartzbaugh, for more information.

HeinOnline recently added the full run of U.S. Supreme Court opinions in its U.S. Supreme Court Library and announced a "face lift" of its home page. This is the first online database to provide PDF images of the entire official United States Reports series, beginning with 1754 and supplementing its collection with preliminary prints and slip opinions to make available the most current information. While the database launched only four years ago, its publisher unveiled a new look to the home page today. Look out for a change in design, but be aware that the company anticipates this will not impact research and use of the database. [See Web Site for more information on HeinOnline.]

Posted 29 July 2004

Duke Libraries’ new catalog up and running

Exactly one year after the first serious discussion of a new catalog, Duke Libraries launched its new ExLibris system on Saturday, July 24, at 8:00 a.m. Online catalog users may not notice a significant change in using the new system, but there are several notable features to the new system. The new system includes an electronic database searcher which accesses full text materials and allows searches of several databases at once. Users may also log in with a NetID and password to save search results and research trails, request photocopies and holds from other Duke Libraries, link to external web sites and full text from search results, and conduct combined searching of subscription databases. These are just a few of the new features. Paul Conway, Director of Information Technology Services for Duke Libraries, reported last Wednesday to the Triangle Research Libraries Network (TLRN) on the process of implementing the new system, the efforts required to undertake the project, and expectations and advantages of the integrated catalog. The Libraries also launched new web site 18 months in the making [see Web Site].

A couple of characteristics of the new system’s Databases site are notable. Law resources are grouped together, and information on the individual database can be found by clicking on the “i” icon. For example, under Corporate/Tax resources, scrolling down to “Database info” under the information icon accesses RIA Checkpoint. For that item there are two entry points depending on whether you are a new (http://www.riahome.com/school/) or registered (http://checkpoint.riag.com/) user.

For general catalog searching, the following is an introductory guide:

GETTING STARTED (using the tabs provided)

  • Full Catalog for entire Duke catalog–all libraries and formats
  • Journals/Serials for serials such as journals, magazines, and newspapers
  • Duke Libraries for a specific collection, branch or professional school
  • Conferences for conference proceedings
  • Reserves for course e-reserves and print reserves
  • More for databases, search by format, and UNC, NCSU, and Library of Congress catalogs


Keyword — select a particular field or search the whole catalog record for chosen words.

  • Connectors: “and” is not needed to connect keywords, but using “not” and “or” affects results.
  • Use quotation marks for phrases.
  • Results are ordered by year, then by author within that year; there are also several other sort options.

Looking for an exact match?

  • Select one of the following from the “Search type” drop down menu:
    • Title begins with
    • Author (last name first)
  • Results will appear as an alphabetical list of titles or authors.
  • The exact or closest match will appear second on the results list.

ADVANCED SEARCH (exact match search option NOT available in these drop down menus)

For exact searches by title, author, series, subject, or call number, choose “Browse an Alphabetical List”

To search Duke, UNC, NCSU, and/or Library of Congress catalogs simultaneously, choose “Search Multiple Catalogs”

Boolean searching

Use the three search boxes to create complex searches:

  • Combine various types of searches including title, author, and keyword.
  • Use AND/OR/NOT drop down boxes to expand or narrow a search.

Search for phrases

Use the check box under the search boxes:

  • Searches for all words as a string.
  • Alternatively, use quotation marks in a specific search box to create a phrase and word search.

Limit your search

Use the drop-down menus on the right and limit your search by:

  • Language (more than 30 options)
  • Year (including a range of years)
  • Format (e.g., Audio to find audio books or CDs; Digital to find CD-ROMs)
  • Location (e.g., Law Library, Lilly Library, Divinity School Library)


Log in to the system using your NetID and password to:

  • Change the default view of records to suit your personal preferences.
  • View and renew books you have checked out.
  • Save search results or e-mail results to yourself or someone else.

GET HELP ! Contact a Reference Librarian at 613-7121 or ref@law.duke.edu

Library staff and patrons will be getting to know the system together, as there has been little access to the catalog while it was under development. Librarians here at the law school provided an introduction on Monday, July 26, at 11:00 a.m. and are available for questions from 8 a.m. to 5 p.m. during the week.

Posted 2 July 2004

Happy Fourth of July!

With the holiday weekend just around the corner, D.U.L.L. discusses how this American tradition of celebration of independence (complete with a day off from work for barbeques and fireworks) came into existence. This issue also presents tips and general resources, both in the library and online, for finding legislative materials.

Finding the law establishing a federal holiday provides an opportunity for a refresher on major legislative materials. The U.S. Code (USC), U.S. Code Annotated (USCA), and U.S. Code Service (USCS) all provide codified law. The USC is the official government publication, while West publishes USCA, and USCS is produced by Lexis.

The resources are similar in that they all integrate Public Laws into an established subject arrangement, resulting in fifty Titles. All the sources include a general keyword index; the USC and USCA appear to use an identical indexing system, while the USCS uses different terminology. For example, looking under “Independence Day” and “Holidays” in the USC and USCA references days off for federal employees in Title 5, section 6103. In USCS, “Holidays” references Title 36, National Holidays and Observances, while “Holiday Pay Act” is the keyword leading to the days off provision. Try both indexes if your keywords do not work in one source.

All three resources also note Executive orders related to the Code section. Executive orders play a role in establishing and administering federal government operations, and are part of greater body of administrative law not discussed here. In this case, Executive Order 11582 sets out how public holidays created by Congress apply to federal government offices.

While each of the sources incorporate Executive orders and cross reference the Code of Federal Regulations (CFR) and other Code sections, the commercial sources include notes of decisions and secondary materials published by their parent companies. For example, at Title 5, section 6103, USCS cites related American Jurisprudence (AmJur) and Moore’s Federal Practice sections, while USCA cites Corpus Juris Secundum (CJS), key numbers, and generally cites more law review articles.

As an alternative to codified law, arranged by subject, acts of Congress are assigned Public Law numbers and included in the Statutes at Large, resulting in a chronological arrangement. In the Code, notes following the specific section provide both the Public Law (P.L.) and Statutes at Large (Stat.) citations. In our case, P.L. 89-554, 80 Stat. 515, established Title 5 in whole on September 6, 1966, but the Code also notes “Historical Revisions” from 5 USC 87. Using the revisions leads to P.L. 86-362, 73 Stat. 643, adopted on September 22, 1959. The text of this Act states the procedures for granting July 4, along with several other holidays, as days off no matter what day of the week the holiday falls. This year, because July 4 is on a Sunday, and thanks to a law established more than forty years ago, Monday is the designated federal day off.

Various sources also trace the history of each act in its bill stages (the Statutes at Large reference the bill number, in this case, HR 5752).

For more information on compiling legislative histories, visit the research guides section of the library’s web site, or take a paper copy available behind the reference desk.

Posted 15 June 2004

Welcome, summer starters!

As your legal studies begin, several resources provide helpful introductions to the judicial system.

The U.S. Courts site, http://www.uscourts.gov, provides excellent information on the judiciary. Understanding the Federal Courts describes its process and structure, includes tables and maps, and can be viewed as a 54-page pdf document.

The U.S. Supreme Court site, http://www.supremecourtus.gov , features the rules and opinions of the Court, ranging from 1792 case citations to immediate release of "slip" opinions from the term, which ends this month. The official U.S. Reports as well as current awareness services such as BNA's U.S. Law Week are in the library reading room.

On Monday (Flag Day), the Court ruled on a California Pledge of Allegiance case. For headlines on current legal developments there are many sites to visit such as http://www.cnn.com/law and http://news.findlaw.com.

Get to Know

Posted 1 June 2006

Law library basics

The law library is one department of Duke Law School Information Services. To learn more about the functions of all three DLSIS departments--computing services, educational technologies, and the library--be sure to watch the hilarious Mr. DULL video series. Meanwhile, here's a quick geographical beginner's guide to the library:

When you enter the library, you will be on the third floor, where the circulation/reserve and reference desks are located. On this floor you will find reference books, case reporters, state and federal statutes, and leisure reading materials, among other things. Feel free to take a break in the comfy chairs in the leisure reading area.

You will notice that the third floor reading room is a lively place. Students gather in the reading room for collaborative work and socializing. When you need a quiet study area, carrels are available on the first, second, and fourth floors. For group study, you can also reserve a study room by visiting the circulation desk with your DukeCard.

In the reading room, look up, and you will see law journals, shelved alphabetically by title, on the fourth floor. Venture downstairs, and you will find books whose call numbers begin with KF on the second floor. The designation "KF" stands for American law in the Library of Congress classification system. These materials include scholarly books on specific areas of law (called "treatises"), study guides, and state materials. The essential computing services help desk is also located on this floor in room 2068.

Books whose call numbers begin with anything other than KF are located on the first floor. These include foreign and international law materials, legal fiction, government documents, and books in other disciplines such as medicine, economics, and political science. Selected court briefs, superseded works, and materials on microfilm or microfiche are also on this floor.

Some computer-related amenities of the library include wireless Internet access, electrical outlets at all the tables, and networked printers on each floor (here are maps showing their locations). Photocopiers and a machine where you can add funds to your Flex account are located on the second floor. Restrooms are on the second and fourth floors. You're welcome to drink beverages from spill-proof containers--you can even get a DULL-approved mug by taking a library tour--but please enjoy your lunch outside in the beautiful North Carolina sunshine because no food is allowed in the library.

Posted 20 March 2006


If you’re interested learning more about the life of a women lawyer, judge, activist, or politician, check out one of the many biographies available in the law library. To find them, try searching the library catalog for the term biography and the person’s name as subject keywords.

For shorter biographies, take a look at one of the biographical dictionaries in our reference collection. Current Biography Yearbook (Ref. CT100 .C976) is a source for biographical essays on living subjects, while American National Biography (Ref. CT213 .A68 1999) profiles prominent deceased Americans. (American National Biography is also available online.) If you are looking for a biographical dictionary specifically dealing with women, Notable American Women is available at several libraries on campus.

Online, Biography Resource Center provides biographies of living and historical figures from many sources, such as American Decades, Contemporary Black Biography, Contemporary Heroes and Heroines, Newsmakers, and the various Who’s Who series.

Posted 20 February 2006

Corporate/Securities Practitioners' Resources

Think you won’t have to do legal research if you practice corporate law? Not so fast! While corporate lawyers use the library somewhat less than litigators, there are many useful resources that corporate and securities practitioners--junior associates doing legal research and more senior attorneys alike--frequently consult. Some corporate and securities law favorites are listed with their DULL call numbers below. Be sure to look for these treatises, handbooks, and conference materials in your firm’s library when you get your first corporate or securities research assignment this summer.

American Law Institute, Principles of Corporate Governance: Analysis and Recommendations
KF 1422 .A947 1994
This essential work on corporate governance provides a thorough examination of the duties of corporate officers and directors to the corporation and its shareholders. It is published by the American Law Institute, an organization of prominent judges, lawyers, and legal scholars (and the same group that publishes the Restatements), and it is frequently cited by courts.

John T. Bostelman, The Sarbanes-Oxley Deskbook
KF 1446 .A312002 B67
This loose-leaf handbook furnishes background on the enactment of Sarbanes-Oxley, analyzes its reporting and corporate governance requirements, and describes its impact on various professional groups, such as auditors and attorneys. It is published by the Practising Law Institute, which also holds conferences on corporate and securities law topics (among many others) and publishes the accompanying conference materials. Practitioners often consult the conference materials for articles on hot legal topics as well as for forms. If you’re told to look for "a P.L.I." on your research topic, the assigning attorney is suggesting that you find such conference materials. The materials are not indexed, but you can search them on Lexis and Westlaw. Their formatting is often lost in the online versions, so take your citation and find the print volumes in the library for easier reading.

West’s Securities Law Handbook Series
West’s Securities Law Series

Mostly shelved at KF 1439...
"I’m looking for, you know, the blue ones on securities law." Frequently missing from the firm library and found on partners' desks, "the blue ones" are actually two useful series on securities law, both published by West. The annual soft cover Securities Law Handbooks are one volume, up-to-date overviews of specific securities law topics. Some examples of handbooks in this series are Sarbanes-Oxley Act in Perspective, Going Public Handbook, and Analysis of Key SEC No-Action Letters. The loose-leaf Securities Law Series treatise volumes provide a more comprehensive treatment of nearly every aspect of securities law. Be sure to consult the index to the entire set to find relevant citations across multiple volumes. If you’re not keen on wrestling a partner for the volume you need, you can also find the Securities Law Series on Westlaw.

R. Franklin Balotti and Jesse A. Finkelstein, The Delaware Law of Corporations and Business Organizations, 3rd ed.
KFD 213 .B35 1998
Rodman Ward et al., Folk on the Delaware General Corporation Law, 4th ed.
KFD 213 .F59 1999
When the assigning attorney tells you to start your research by looking at "Balotti," "Finkelstein," or "Folk," she is referring you to these two heavily used works on Delaware corporation law. Frequently referred to by their authors’ names, the multi-volume treatises provide a comprehensive commentary on the Delaware corporate statutes.

Posted 6 December 2005

Legal Humor

You are no doubt familiar with the law library's outstanding collection of legal primary sources and secondary sources from the United States and around the world. You may not have noticed, however, that among our 622,000 volumes are collections of humorous essays on the law, lawyer cartoons and jokes, and strange and funny legal cases. Here are some favorites and how to find them:

The Green Bag: An Entertaining Journal of Law
[Shelved in the Periodicals section on the fourth floor]
Among the fun articles in this alternative law journal are:

  • Kevin Underhill, "If Great Literary Works Had Been Written by Lawyers," Parts One and Two, 2 Green Bag 2d 449 (Summer 1999) and 4 Green Bag 2d 119 (Fall 2000). Those of you planning to "billeth plenty" after law school will enjoy "The Law Book of Job."
  • Eugene Volokh, "Hum a Few Bar Exam," 2 Green Bag 2d 125 (Fall 1998). Imagine an exam based on song lyrics. As evidence questions, consider: "Can my admitting that I shot the sheriff be used as prior bad act evidence in my trial for shooting the deputy? If I want to introduce my prior denial of shooting the deputy, will I be barred by the hearsay rule?"
  • David B. Sentelle, "Judge Dave and the Rainbow People," 3 Green Bag 2d 61 (Fall 1999), 3 Green Bag 2d 179 (Winter 2000), 3 Green Bag 2d 285 (Spring 2000), and 3 Green Bag 2d 405 (Summer 2000). Judge Sentelle, now a U.S. Court of Appeals judge, was a previously federal district court judge in western North Carolina. This series is an account of his adjudication of the case of the 1987 Rainbow Family reunion in the Nantahala National Forest.

Daniel R. White, Trials & Tribulations: Appealing Legal Humor
PN 6175 .T74 1989
This collection of poems, cartoons, essays, and other writings includes works by authors ranging from A.A. Milne to Alan Dershowitz. The parents among you will appreciate "How a Law Professor Tells His Children the Story of the Three Bears," and future big firm associates will benefit from Mr. White's advice on the "lawyerly" way to write the sentence, "The sky is blue."

Ronald L. Brown, Juris-Jocular: An Anthology of Modern American Legal Humor
PN 6231 .L4 B76 1988
In this collection of materials previously published in law journals, you will find articles by legal greats like Yale Kamisar and William L. Prosser. 1Ls: Get ready for next semester's LARW work by reading "In re Brett: The Sticky Problem of Statutory Construction," in which the author applies principles of statutory construction to the rules of baseball.

Robert M. Jarvis, et al., Amicus Humoriae: An Anthology of Legal Humor
PN 6231 .L4 A45 2003
Covering materials published after Juris-Jocular, this anthology includes twenty-five funny law review articles and essays, plus a bibliography of more "Clever and Amusing Law Review Articles." Wondering what rubric your professors will use to grade your exams? Find out in "Criteria for the Evaluation of Law School Examination Papers" by Professor Harold See. (Giving an "A" for the course for an exam providing a "Verbatim reproduction of a standard outline of the course including typographical errors".)

Blackie the Talking Cat and Other Favorite Judicial Opinions
K 184 .B58 1996
In the strange-but-true category, this compilation of real cases includes opinions written in verse, an opinion that incorporates more than 200 movie titles, and factually strange cases, such as those involving a haunted house (a contracts case), a girdle as a burglar's tool (a statutory interpretation case), and a rogue computer held in civil contempt (a bankruptcy case).

Marc Galanter, Lowering the Bar: Lawyer Jokes and Legal Culture
[Coming soon to the law library collection]
Many of you attended Professor Galanter's thought-provoking and entertaining Honor Week address on lawyer jokes. In his new book, he collects lawyer jokes and provides a scholarly analysis of the meaning of these jokes in American culture.

Posted 4 November 2005

Judicial Directories

The Library's Reference and Reserve Collections include directories of judges, which are good starting places for finding biographical information about them. (We also have directories of attorneys and law professors.) Some helpful directories are:

Almanac of the Federal Judiciary (on reserve): Special features of this loose-leaf directory include summaries of the judges' noteworthy rulings, references to media coverage, and evaluations of the judges by lawyers who have argued cases before them.

The American Bench (on reserve): This directory provides biographical information about state and federal judges, as well as jurisdictional, structural, and geographical information about specific courts. (This court information can be particularly helpful when you are researching the law of an unfamiliar state.)

Who's Who in American Law (Reference KF 190 .W46): Part of the Marquis Who's Who series, this directory provides personal and professional information about nearly 18,000 judges, lawyers, and law professors, among others.

Posted 7 October 2005

Supreme Court materials
The Library maintains a comprehensive collection of United States Supreme Court materials. The collection includes resources on the Court's history, opinions, and other publications, as well as information about the Justices.

Materials on this topic can be found in the general collection on Level 2 at around KF4541- and KF8742-. Reference resources are available, using the same call numbers, in stack 53 on Level 3. Reporters and Landmark Briefs can be found in stacks 36-42 on Level 3. An extensive set of records and briefs is available in microform on Level 1.

Try searching the Catalog by subject. Examples:
Judges -- Selection and appointment -- United States.
Political questions and judicial power -- United States.
United States. Supreme Court -- Decision making.
United States. Supreme Court -- Encyclopedias.
United States. Supreme Court -- History.
United States. Supreme Court -- Officials and employees -- Selection and appointment.

Posted 15 August 2005

The Duke Libraries Catalog - e-Journals

The e-Journal directory is a convenient way to find out if we have online access to a journal title. Link from the Catalog into MetaLib, http://metasearch.library.duke.edu/, and click on the "Find e-Journal" tab for an easy search by title. A search results in an alphabetical display of journal titles and links to resources for full-text and indexing.

For example, "Duke Law Journal" results in ten resources where you can find the title, including the Duke Journals web page, HeinOnline, JSTOR, and LegalTrac. The results list will display the time coverage and text availability for each individual linked database.

Posted 28 May 2005

The Duke Libraries Catalog - Get it at Duke

Requesting articles from other campus libraries or via interlibrary loan can be completed thru the catalog. Use the "Get it at Duke" button when you find a book or periodical that you are viewing. A pop up window should provide the option to "Request via Law School Library Interlibrary Loan," linking you to "Request Books & Articles" - http://www.law.duke.edu/lib/ill.html. Check that the catalog is linking you to the law school site rather than a Perkins library site. You may also link directly to our interlibrary loan form from our home page.

Posted 20 April 2005

The Duke Libraries Catalog - Law Library Only

In this second installment of catalog tips, consider cutting down extraneous search results by limiting your search to Law Library Only. This can get you into the stacks more quickly, as well as eliminate interdisciplinary materials from other campus libraries. Employing this limit can be helpful when, for example, you are using keyword searches, or run across too many unrelated documents results for congressional searches.

You must set the scope of your search each time you use the catalog. The default setting is to search the entire catalog. Click the Duke Libraries tab, scroll down to Professional School Libraries, and select the link for Law Library Only. Your search screen banner should now read, "Basic Search of Law Library only."

Posted 1 April 2005

The Duke Libraries Catalog

This issue begins a series of tips to get you acquainted with the functions of the Duke Libraries Catalog and Metalib.

This issue's tip leads you to the "Request" function. You've probably heard that you can get books from other campus libraries sent to you, but you don't know where to go when you are looking at a catalog record. New instructions are available on DULL's Request Books and Articles page, linking to an easy-to-follow Duke Libraries Recalls and Holds instructions.

Posted 23 December 2004

KF call numbers

Located on Level 2 of the library, KF is the Library of Congress classification subclass associated with law of the United States. Law library materials associated with U.S. law is located on this level, with the small exception of reference materials located under KF on Level 3.

  • KF1-9999: Federal law, common and collective laws of states
    • Notable subsections:
    • KF4501-5130: Constitutional Law
    • KF9201-9479: Criminal Law
    • KF3775-3813: Environmental Law
    • KF240-247: Legal Research
    • KF6271-6645: Taxation
  • KFA thru KFW: State law of individual states, e.g., KFN7401-7999 for North Carolina
  • KFX: Laws of individual cities
  • KFZ: Laws of Northwest Territory and Confederate States of America

U.S. Intellectual Property law is generally located at KF2971-3192. Also consider K call numbers, on Level 1, for "law in general" across all subject areas.

Posted 19 November 2004

The Study Rooms

Lining the south hall of Level 2, six study rooms are available to law students for quiet study or group projects. Because of a heavy demand for these rooms, use is limited to 4 hours per group or individual. To reserve time, sign up at the Circulation desk one day in advance. At the reserved time, bring your law school ID to the circulation desk and exchange it for the room key.

Rooms are equipped with a television, VCR, computer terminal, white erase board, and seating to accommodate up to six people. Group outlining and discussions, as well as viewing make-up class sessions, are common uses for the rooms.

Posted 24 October 2004

The Riddick Rare Book and Special Collections Room

Located at the end of the alcoves, in the northwest corner of Level 3 of the law library, The Floyd M. & Marguerite F. Riddick Rare Book and Special Collections Room houses nearly 1,600 volumes that are old, rare, or contain interesting inscriptions. Access is available by consulting at the reference desk during business hours.

Houses: English books (1800), American imprints (to 1870), early North Carolina primary materials, Blackstone's Commentaries on the Laws of England; the earliest work in the collection is an annotated decree from Pope Gregory IX from the 14th Century.

The room is named in recognition of the support and achievements of Mr. Floyd M. Riddick and Mrs. Marguerite F. Riddick. More information on the couple is available on the name plate hanging just outside the room, and Katherine Topulos will hold an open house on Monday, October 25 at 1 p.m. to share some of the highlights as part of DLSIS Week.

Posted 16 October 2004

Foreign & International Law materials

Materials related to foreign, comparative, and international law areas are located on Level 1 of the library. Stacks 17 to 145 include primary resources such as treaties and NGO documents, as well as books and other publications addressing individual countries. The call number ranges in the section of the library are JX-KE and KG-KZ.

Includes: Resources from all seven continents (even Antarctica!), major countries shelved separately (e.g., United Kingdom, stacks 32-53), United Nations materials, European Union materials and comparative works (including those encompassing the U.S.).

Keep in mind that foreign and international periodicals, reference materials, and microform sets are located in other areas of the library.

Posted 6 October 2004

The Reading Room

In addition to tables and seating for study and gathering, Level 3 of the Library includes many highlighted collections and standard legal series. The reading area is surrounded by major state and federal resources relevant to the study of law. Level 3 also includes public computer terminals and printers, as well as carrels assigned to some of Duke Law's journals and LARW teaching assistants.

Houses: the National Reporter System and accompanying Digests - regional (stacks 1-20), federal (stacks 33-35), and Supreme Court (stacks 36-42) - select U.S. Supreme Court briefs (stack 42), looseleaf services (stacks 43, 77), special subject reporters (stacks 74-75), state codes (stacks 70-73), Alcoves (North Carolina, Federal, and Tax), the Riddick Room (rare books), Practice and Procedure collection (stacks 62-69), the Christie Collection (jurisprudence, stacks 60-61), Reference Collection (stacks 48-55), leisure reading collection, index tables, and Reserve Collection (Circulation).

Get to know the basic layout of the floor. The online catalog does not list a call number for the reporters, but does note inclusion in any of the collections or alcoves mentioned above. Additional state materials are available on Level 2.

Posted 5 September 2004

The North Carolina Alcove

Located at the southwest corner of Level 3, The Clarence W. Walker North Carolina Alcove contains major North Carolina judicial and legislative resources. Additional primary and secondary North Carolina materials are located on Level 2, KFN 7000-7999.

It is home to the following NC materials: Attorney General Opinions (from 1867), Administrative Code, North Carolina Lawyers Weekly (last six months), General Statutes (LexisNexis and West), Rules of Court, Session Laws (from 1817), bills from the current legislative session, House and Senate Journals from 1919, N.C. Rpts. (parallels S.E. 2d), N.C. App. Rpts., N.C. and S.E. Digests, Shepard's, and Strong's Index.

The North Carolina Alcove recognizes the support of Clarence W. Walker (Class of 1955); the dedication plate hangs on the left wall of the alcove entrance.

Posted 20 August 2004

The Reserve Collections

Available by assistance from the circulation staff, The Professor Arthur Larson Reserve Collections are located behind the circulation desk (Level 3). Permanent and semester course reserves are shelved here, and indexed in the reserves binder located on the desk. Most materials on reserve are available for 4-hour loan.

Houses: current scholarly journals, nutshells, hornbooks, VHS and DVD collections (popular and Duke-produced), audio cassettes on substantive legal topics, ALI Restatements, BNA Tax Management portfolios, major multi-volume encyclopedias and treatises, local phone directories, municipal codes, rules of court and procedure, various practice guides (including jury instructions), and copies of the U.S.C. and U.S.C.A.

The Reserve Collections are named in honor of Professor Larson, a James B. Duke Professor of Law and Director of the Rule of Law Research Center during his tenure here at the law school (1958-1980). His extended career included distinguished government service, and he authored numerous publications on international law and workers' compensation. For more information on Professor Larson, see the dedication plate on the frame of the circulation desk, read a tribute at 1980 Duke L.J. 385, or check out A Twentieth Century Life: The Memoirs of Arthur Larson (KF373.L36 A3 1997).

Posted 29 July 2004

The Reference Collection

Conveniently located in four shoulder-high shelves, two carrel-style desks, and the reference desk in the center of the reading room (Level 3), the Henry J. Oechler, Jr., Reference Collection encompasses a selection of current indexes and quick-answer resources.

Houses: single- and multi-volume encyclopedias, multi-volume legal indexes, BNA’s The United States Law Week, directories related to legal practice and government, English and foreign language dictionaries (general and legal), atlases, CIS indexes for executive and Congressional documents (including the Serial Set), state law guides, Constitutions of the World and Constitutions of the United States: National and State, UN Cumulative Treaty Index and U.S. Treaty Index, as well as subject specific materials including medical reference resources.

The online catalog notes Reference location information in its brief records. When a title is superceded by a more current edition, the older version is relocated to the superceded collection (Level 1) or into the general collection (Levels 1 and 2).

The collection is named in recognition of Henry J. Oechler’s (Class of 1971) contributions to the law school; more information is available on the dedication plate on the wall behind the reference desk.

Posted 2 July 2004

Federal Alcove

Located in the back of Level 3 (main level) of the library, The William F. Stevens Federal Alcove contains major legislative and executive branch laws and finding aids.

Houses: Statutes at Large from 1873, Public Laws from the last two Congresses, USSCAN from 1941, Congressional Record for the last 6 months, USC, USCA, USCS, 3 CFR compilations from 1936, current CFR, CIS Index to the CFR 2001, Federal Register for last 12 months, CIS Federal Register Indexes from 1994, CIS Annual Indexes.

The alcove is named in recognition of the support and service of William F. Stevens (Class of 1970); additional information is available on the dedication plate affixed to alcove’s archway.

Web Site

Posted 1 June 2006

Staying current

You will have plenty of reading material this summer, but it can be fun to see how the issues you learn about in class play out in new cases. Here are some easy ways to stay current with the legal world outside our walls.

Law.com includes articles on current legal events from American Lawyer Media publications and the Associated Press, as well as links to affiliated legal blogs.

Jurist provides current legal news and opinion; law-related documents, webcasts, and video clips; and archived news arranged by topic. (The news articles are written and edited by law students.) Jurist's coverage of international legal issues is particularly strong.

Both Law.com and Jurist also provide free daily e-mail alerts and RSS feeds.

Juris Novus
Juris Novus pulls together headlines from multiple law-related blogs. It's a convenient way to keep up with opinion in the legal blogosphere without installing an aggregator.

Posted 20 March 2006

Women’s Legal History Sites

Women’s Legal History Biography Project
Created by the staff of the Robert Crown Law Library at Stanford Law School, Professor Barbara Babcock, and the students in her Women’s Legal History course, this site is an ongoing project to document the lives of pioneering American women lawyers. For each lawyer in the “Women Lawyers Index,” there will be biographical chapters (student papers), collected papers and archival materials, articles, a bibliography, and research leads. The site also provides links to other women’s legal history sites and a comprehensive bibliography on women’s legal history.

Infoplease Almanac: Women’s History Month 2006
From the publisher of the TIME Almanac with Information Please, this site provides biographies of American women in the law and government, as well as links to biographies of notable women in other fields.

Posted 20 February 2006

Sarbanes-Oxley Resources

Text of the Sarbanes-Oxley Act

Spotlight on Sarbanes-Oxley Rulemaking and Reports
At this website, the SEC provides detailed information on its rulemaking under Sarbanes-Oxley, including press releases, frequently asked questions, final and proposed rules, and reports.

Securities Lawyer's Deskbook: The Sarbanes-Oxley Act of 2002
This website from the University of Cincinnati College of Law supplies the text of Sarbanes-Oxley and a handy table of the sections of earlier securities legislation it amended.

Enron Resources

Findlaw Legal News Special Coverage: Enron
Findlaw's special coverage includes Associated Press articles on the Lay and Skilling criminal trial; documents representing different aspects of the Enron scandal (many in PDF), including filings from the civil, criminal and bankruptcy cases, Enron's SEC filings, and documents from congressional investigations of Enron; as well as links to related websites.

Houston Chronicle Special Report: The Fall of Enron
The online version of the Houston Chronicle provides ongoing local news coverage of the Lay and Skilling trial, photos, court documents, profiles of the parties, and several blogs on the trial, including a blog by prominent Texas white-collar criminal defense attorneys and a law professor.

Posted 6 December 2005

Legal humor websites and blogs

Don't have time for any more books right now? Here are some fun online sources, instead:

Lawhaha - http://www.lawhaha.com/
"[A]n interactive humor network for legal types of all stripes" by FIU Law professor Andrew McClurg, which includes "Weird Legal News," "Strange Judicial Opinions," "Funniest Law School Moments," and "The World's Greatest Law Review Article."

LawHumor.com - http://www.lawhumor.com/
Check out the "Typo-Man" comic book and song parodies such as "The Time for Cramming" ("Hello, Gilberts my old friend…," sung to the tune of "The Sound of Silence"), which are among the many humorous items at attorney Lawrence Savell's website.

Lowering the bar - http://www.loweringthebar.blogspot.com/
Attorney Kevin Underhill's blog on "Freaked-out things that happen in the legal world. Or involve the law. Or someone breaking a law."

Posted 4 November 2005

Federal Judges Biographical Database - http://air.fjc.gov/public/home.nsf/hisj

This web site from the Federal Judicial Center "provides information about all judges who have served on the U.S. District Courts, the U.S. Courts of Appeals, the Supreme Court and other life-tenured courts since 1789."

About Judge Alito

Check out this New York Times backgrounder for a bio and a timeline of Judge Alito's legal career, including summaries of notable cases.

University of Michigan - http://www.law.umich.edu/library/news/topics/alito/alitoindex.htm

This site provides directory entries and articles about Judge Alito; PDF copies of his opinions, briefs, and articles; and transcripts of his oral arguments before the Supreme Court. It will also include information about his confirmation hearings as they proceed.

Library of Congress - http://www.loc.gov/rr/law/alito.html

In addition to information about Judge Alito's writings, this site provides a transcript of his testimony during his 1990 Third Circuit confirmation hearing before the Senate Judiciary Committee and the questionnaire he submitted in conjunction with that hearing.


Blogger and appellate lawyer Howard J. Bashman provides commentary on the nomination and links to news articles in his blog, How Appealing. http://legalaffairs.org/howappealing/.

Law professors comment on the nomination and other legal issues at The Volokh Conspiracy. http://volokh.com/.

SCOTUSblog, http://www.scotusblog.com/movabletype/, includes commentary, provides links to legal news articles, and summarizes other blogs' postings about the nomination in a daily "Blog Round-Up" feature.

Posted 7 October 2005

United States Supreme Court Records and Briefs - http://curiae.law.yale.edu
The Curiae Project is an initiative undertaken by Yale's Law Library, along with the Library of Congress, Supreme Court of the United States, and Supreme Court Historical Society, to provide free Internet access to Supreme Court records and briefs. The project is a work in progress; cases are selected based on rankings based on number of times cited in relevant legal texts.

The Supreme Court Historical Society - http://supremecourthistory.org/
Chief Justice Warren Burger started the Society in 1974 with the mission of collecting and preserving the Court's history. Educational resources are available through the Society, along with recent events of historical significance. The web site currently features the legacies of Chief Justice Rehnquist and Justice O'Connor.

Posted 15 August 2005

United States Senate Committee on the Judiciary- http://www.judiciary.senate.gov

Monitor the proceedings: Hearings on the judicial nominee John G. Roberts are anticipated to start in early September. The official hearings schedule is posted and frequently updated.

Get some answers: the web site includes FAQ's, answering questions such as, "Who appoints federal judges?" and "Is there a difference between a prepared statement and hearing testimony?"

Posted 28 May 2005

United States Copyright Office - http://www.copyright.gov

This government web site provides quick and easy access to copyright development, records, laws, registration and licensing information, as well as current issues. The Grokster case is currently a "hot topic" highlighted at the top of the home page, providing the briefs from both parties as well as amici curiae. The web site is maintained by the Library of Congress, and the welcome from The Register of Copyrights adds, "Our homepage has been created with the desire to serve the copyright community of creators and users, as well as the general public."

Kasunic.com - http://kasunic.com

Rob Kasunic is an attorney at the U.S. Copyright Office and is a professor at American University's Washington College of Law, providing a public resource for general information. Subtitled, The Copyright Law and Litigation Resource, two current featured links are to "MGM Studios v. Grokster" and "Solving the P2P Problem." The web site was included in a recent Legal Times article (3/28/2005): "Kasunic.com is a copyright law and litigation portal maintained by Robert Kasunic, principal legal advisor at the U.S. Copyright Office. He has compiled an extensive collection of links to copyright, intellectual property, and litigation resources on the Web. The site also includes the syllabus to Kasunic’s course in advanced copyright law and policy (at American University Washington College of Law), a collection of his articles, and links to recent copyright-related news articles."

Posted 20 April 2005

GATT Digital Library: http://gatt.stanford.edu/

Stanford University Libraries and Academic Information Resources (SULAIR) and the World Trade Organization (WTO) announced the release of the GATT Digital Library on April 19. SULAIR and the WTO worked together "to provide access to documents of, and information about, the General Agreement on Tariffs and Trade (GATT), a treaty that preceded the WTO and which promoted international commerce and the reduction of trade barriers among its Contracting Parties from 1947-1994." Stanford press release; see also WTO press release.

Over 30,000 public documents and 300 publications of the General Agreement on Tariffs and Trade (GATT) are accessible from this site. All posted documents, ranging from text of legal instruments to agendas for committee meetings, are available in PDF format. To view the documents, you just need to register an e-mail account. Registration is free.

Posted 1 April 2005

Public Agenda: http://www.publicagenda.org/issues

This non-profit organization monitors critical national issues, describing its research as "providing unbiased and unparalleled research that bridges the gap between American leaders and what the public really thinks about issues ranging from education to foreign policy to immigration to religion and civility in American life. Nonpartisan and nonprofit, Public Agenda was founded by social scientist and author Daniel Yankelovich and former Secretary of State Cyrus Vance in 1975. Public Agenda's two-fold mission is to help:
* American leaders better understand the public's point of view.
* Citizens know more about critical policy issues so they can make thoughtful, informed decisions."

While not a legal web site, it provides helpful research such as polls, links to statistical information, news stories, and fifty-state surveys on existed right to die related laws.

Posted 23 December 2004

The Smoking Gun - http://www.thesmokinggun.com

This attractive and quirky web site posts newsworthy filings quickly to their web site. The current "Featured Document" is Feds seek to destroy "Ghettopoly," a $2.5 million trademark suit filed on Dec. 22. The site is not limited to IP filings, but provides an assortment of interesting legal documents such as the following:

  • Mug shots of the famed, ranging from the laughable (Kimora Lee Simmons) to the historic (Rosa Parks)
  • Court filings from cases in the headlines, like the recent NBA brawl and middle school sex scandal
  • Links to the web site's sponsor, CourtTV, and WMOB, a spoof on The Sopranos

The site was recently included on Internet Law Researcher's Top 100 Legal Research Sites, and guarantees authenticity of the documents. The staff has used FOIA requests across the country to gather its content. The site also provides mailing list and RSS feed links.

Posted 19 November 2004

CALI - http://www.cali.org

The Center for Computer-Assisted Legal Instruction hosts over 300 computer-based lessons in 29 legal topic areas. These interactive exercises are good for testing your knowledge as well as review. The entire set of exercises is on a single CD-ROM available from Computing Services help desk. All of the exercises are also available on the web. To use the lessons you need to register and create a personal account using the Duke authorization code, which you can obtain at the reference desk.

Posted 24 October 2004

MetaLib - http://metasearch.library.duke.edu/

Part of the overhaul in the Duke University Libraries' Catalog this July included the shift in database listings to MetaLib: find articles, databases and e-journals. Users may search certain databases through this Duke interface or connect to available databases' native interfaces to conduct research in a dozen general fields.

Posted 16 October 2004

Foreign Law Guide: http://www.foreignlawguide.com

This subscription resource is a great place for you to begin your foreign law research. Entries for individual countries include sources for primary and secondary materials, as well as additional web sites and resources to aid research. The guide is comprehensive, covering almost every country in the world, and the web site is updated regularly to keep current information available. Duke law students can obtain the password for this guide at the reference desk.

A print equivalent to this resource is Reynolds and Flores' Foreign Law: Current Sources and Codes and Basic Legislation in Jurisdictions of the World (on Reserve).

Posted 6 October 2004

Supreme Court of the United States: http://www.supremecourtus.gov

The Supreme Court's official web site debuted in 2000 and continually adds materials. Opinions are available in slip form on the Court's web site and remain until the print volume of the U.S. Reports is published. Volumes 502 (October Term (OT) 1991) to date are available; all opinions are in PDF format. Guides to opinions and obtaining them are also included, as well as a number of helpful materials:
  • Orders, OT 2000- (status for certiorari, motions in pending cases, rehearing, and other applications summarily decided)
  • The Court's Journal, OT 1993- (compiling orders, bar admissions, other case information, and Court announcements)
  • Unofficial versions of briefs available in PDF through the ABA's MERITS BRIEFS
  • A permanent, PDF archive of oral arguments starting with OT 2000 (new transcripts are added approximately two weeks following an argument)
  • Guide on obtaining oral argument transcripts and briefs
  • Calendars and schedules for the current OT.

Additional materials include unannotated Court rules effective May 1, 2003, available in a 79-page PDF file, a docket system searchable by docket number for the current and previous OT, select speeches from current Justices, and secondary sources on the Justices, history of the Court, and handling cases.

Posted 5 September 2004

Law Library Resource Xchange: http://www.llrx.com

Recently named one of the "10 best legal Web sites of the last 10 years" by Law Technology News, Law Library Resource Xchange (LLRX) is a free site providing guides to legal topics of current interest. The site is notable for pulling together exhaustive web links on specialized and recently developed legal practice areas.

The site's extensive collection includes the following:

  • Over 1400 sources for state and federal court rules
  • Specialized guides on more than 50 countries, ranging from Costa Rica to the Kyrgyz Republic
  • Nearly 100 links and guides on legislation, including Legislative History Research in North Carolina
  • Legal news arranged by legal topic, gathered from a variety of news resources, in beSpacific.

Posted 20 August 2004

HeinOnline: http://heinonline.org

HeinOnline is a fantastic subscription resource for journals, providing PDF images to check citations. The database recently added a U.S. Supreme Court Library and continues to build and modify its collections. The database now includes five major collections: Law Journal Library, Federal Register Library, Treaties and Agreements Library, U.S. Supreme Court Library, and U.S. Attorney General Opinions. Full PDF content is available for all publications; content includes the following:

  • Over 500 Law Journals, all beginning with v. 1 of the publication (recent volumes may be delayed up to two years)
  • Federal Register, v. 1-51 (1936-86)
  • United States Treaties (UST) (official), v. 1-35 (1950-84)
  • Treaties and International Acts Series (TIAS) (official),
  • United States Reports (official Supreme Court decisions), v. 1-536 (1754-2001) (supplemented with slip opinions and preliminary prints)

Posted 29 July 2004

Duke University Libraries: http://www.lib.duke.edu

Duke Libraries launched a new web site over the weekend, in conjunction with the new catalog. While much of the content remains the same, navigation and organization may differ from what a user may be used to. Visit the site for information on:

  • Campus library collections and locations
  • News and updates, currently providing extensive catalog descriptions

There are thirteen campus libraries in the Duke Libraries system, including the Law Library and the Library Service Center.

Posted 2 July 2004

GPO Access: http://www.access.gpo.gov

GPO Access is the Home Page of the U.S. Government Printing Office. The site is designed to aid retrieval of information produced by all three branches of government, and serves educational and reference purposes. Easy to navigate, the three branches are divided on the first page. Besides the many documents that can be found here for free, agencies as well as the House and Senate pages are easy to access.

Coverage of documents includes the following:

  • Supreme Court Decisions: 1937-75, 1992-
  • Supreme Court Orders: 1992-
  • Code of Federal Regulations: 1996-
  • Federal Register: 1994-
  • List of CFR Sections Affected: 1986 Compilation-
  • Congressional Record Index (and History of Bills): 1983-
  • Congressional Bills (full text): 1993-
  • Congressional Record (daily edition): 1994-
  • House Journal: 1991-
  • Public and Private Laws: 1995-
  • United States Code (includes supplements): 1994-

Library News

Posted 1 June 2006

Welcome, Miguel!

Miguel Bordo joined Educational Technologies as Video Services Specialist last month. A graduate of UNC-Wilmington, Miguel has worked as an art director/producer for ad firms and most recently with UNC-TV.

Factiva sources on Lexis

As of May 12, many news sources from Factiva became available to you through LexisNexis. These sources include the Wall Street Journal and Barron's, among others. One search tip: a "combined sources" news search, such as an "all news" or a "current news" search, will not search the newly-added Factiva sources. Instead, you will need to select them from the "individual publications" list of sources on the News & Business tab.

Summer Lexis & Westlaw access

Summer starters, if you need LexisNexis or Westlaw access over the summer, please see a reference librarian for your passwords. Lexis and Westlaw passwords are typically distributed in the Legal Analysis, Research & Writing course in the fall, and you will have formal Lexis and Westlaw training then. If you need us to show you the basics now, though, we are happy to help.

Continuing students, don't forget that your academic Lexis and Westlaw IDs generally cannot be used at your summer jobs. Exceptions are made for certain types of work. Stephanie O'Keefe, our Lexis rep, writes that "[a]ll Academic Lexis IDs will be automatically extended over the summer….These IDs can be used for any non-billable work including any school work, i.e., law review/journal, professor research, internships and externships. The academic Lexis IDs can also be used for pro bono work."

Academic Westlaw passwords were shut off for the summer at the end of May. You can have your Westlaw password extended if you are taking summer law school classes; working for a professor; or doing an unpaid non-profit public interest internship or externship, pro bono work required for graduation, or journal or moot court work. Register for an extension at: http://lawschool.westlaw.com/registration/summerextension.asp.

Remember that Lexis and Westlaw aren't the only legal research resources available to you this summer. Some resources that are free to you include Loislaw, LexisOne, and the GPO Access databases. For more information on these and other free resources and for Duke's username and password for Loislaw, just ask a reference librarian. Your summer employer may also subscribe to additional databases.


Posted 20 March 2006

Lula McKnight’s Retirement

At the end of March, the library will bid farewell to Lula McKnight, who is retiring after 25 years on our technical services staff. Lula has seen a lot of changes in the law school and the library over her years of service and has many stories to tell. When Lula joined the staff in 1980, there were no computers in the library! She remembers being very excited to receive a new typewriter. During her tenure in the law library, Lula has done various tasks, including update filing in faculty offices, mail, and pre-order searching, but has been doing binding for 20 years. Lula is an avid volunteer in a variety of capacities. She was the Teer House 2002 Volunteer of the Year, and also has worked for the Durham Bulls in recent years. It is hard to imagine the Duke Law Library without Lula here. We will miss her stories, outgoing personality, and knowledge of library history, but celebrate her retirement and know that she will have more time to find many interesting things to do.

Thank you, Lula, for 25 years of skilled and dedicated service.

Melanie Dunshee
Deputy Director

Summer Research Success Workshop

With another month of classes and exams still to come, summer seems a long way off. Your summer job will be here before you know it, though, and the research instructors are here to help you brush up your research skills with an afternoon workshop! Our Summer Research Success Workshop is being held Tuesday, March 28 from 12:15 until 4:00 in Room 4048. The program includes lunch, discussion of real life research by lawyers and librarians, a hands-on exercise to refresh your skills, and tips on cost-effective research strategies and what do when you're floundering. Enrollment is limited to 25 students. A $5 deposit, which will be returned at the end of the workshop, is required to hold your spot. Sign up at the reference desk beginning March 20, or send questions to ref@law.duke.edu.

Posted 20 February 2006

New Quiet Study Area

The buzz of activity in the main reading room on Level 3 is energizing, but sometimes you really need a quiet place to work. In response to a suggestion submitted to the Library Suggestion Box, the library is designating the carrels located on Level 1 by the parking lot as a quiet study area. Signs have been posted in the area explaining the policy. Further information about the quiet study area and additional library suggestions and responses are available in the Library Suggestion Box Responses. We hope they improve your library experience. Keep the suggestions coming!

Posted 6 December 2005

No jokes here, just two items of library news you can use:

Circulation Department construction

Please note that there will be construction taking place in the Circulation Department beginning the week of December 19. Circulation services will continue during the construction. Watch for signs with further details.

Library staff hours

The hours that the law library is staffed change during the reading/examination period and between semesters. Duke law students continue to have 24 hour access to the library using their DukeCards.

December 2 - December 16
Circulation Desk

Regular hours

Reference Desk
Monday-Friday 8 a.m. - 5 p.m.

December 17 - January 7
Circulation and Reference Desks

Monday-Friday 8 a.m. - 5 p.m. The library is not staffed on law school holidays (12/23, 12/26, 12/30, and 1/2) or weekends during this period.

Regular staff hours resume Sunday, January 8. If you have any questions about the hours the library is staffed, please call the Circulation Desk at (919) 613-7128 or the Reference Desk at (919) 613-7121.

Posted 4 November 2005

Book sale raises funds for libraries affected by Hurricane Katrina

The Law Library had a very successful book sale, raising $282. Proceeds will be donated to Southeastern American Association of Law Libraries (SEAALL) for scholarships to its annual meeting available to libraries whose funding has been cut due to Hurricane Katrina. Many thanks to the dedicated work of Lula McKnight, Tonya Cates and Shyama Agrawal for making the event a success.

D.U.L.L. News editor

Many thanks to Joy Hanson for her excellent and creative work revamping the D.U.L.L. News and editing it since July 2004! Beginning with the current issue, Laura Scott will take over editing duties. Suggestions and comments on the newsletter are always welcome. Send them to scott@law.duke.edu.

Posted 7 October 2005

Problems with the Online Catalog
A message from Deputy Director Melanie Dunshee:

On September 11 Duke Libraries experienced a computer failure for the system that runs the catalog, circulation and other back room library functions. The system is back up and running so that normal operations can resume. While the problem will have the greatest impact on internal library operations, users may also be affected in several ways noted below.

If you have any questions or problems locating information or items in the libraries collections, please contact the reference or circulation desks so that we can get the materials that you need, delivered to you promptly.

Links to the catalog are working, but the information is not up to date. Books and journals received or ordered since July 21 are not included in the data. Library staff are currently working to restore lost data from that time period.
Circulation and other library transaction records may be incomplete or inaccurate. Report any discrepancies or questions to the Circulation desk. Hold/recall requests will need to be submitted.

Posted 15 August 2005

New Reference librarian

Our new reference librarian, Laura Scott, joined the library staff on August 1. Laura has her J.D. from New York University, M.S.L.S. from Simmons College, and bachelor's degree from Duke University. She comes to us after having practiced law with Choate, Hall & Stewart in Boston from 1998 to 2000. She later transitioned into the position of law librarian for that firm while completing her degree at Simmons. Her specialties include bankruptcy law. Laura's years of law librarianship experience and law practice make her a strong addition to our reference services staff.

Laura's Duke libraries affiliation goes back to 1991 when she held a position at Duke's Perkins Library. If you see her in the library or in the halls, please say hello and welcome her back home to Duke.

Journal contacts

Orientation week for journals begins August 15. Journal editors will meet soon with library administration in the coming weeks, and librarians will offer library tours and research overviews for the new journal members. If you are a member of one or several journals and have any questions about cite-checking or other library-related matters, here are the librarians assigned to your journals:

Fall semester hours begin

Library staff will be available during the following hours starting August 22:

Monday-Thursday, 7:30am-midnight
Friday, 7:30am-10pm
Saturday, 9am-5pm
Sunday, 9am-midnight

On Sunday, August 21, circulation staff will be here 2-10 pm and reference will be here 2-6 pm.

Posted 28 May 2005

Summer Hours

The law library is operating on a summer schedule. Circulation and reference services are available from 8 a.m. to 5 p.m. on weekdays. Staff is not available on the weekends. Duke law students continue to have 24 hour access to the library using their current DukeCard. If you have any questions about hours of availability, call circulation (919) 613-7128 or reference (919) 613-7121.

Book Drive for Sri Lanka

Thanks to all for participating in the Duke Book Drive for Sri Lanka. The law school was able to send more than 400 books to Perkins library for inclusion in the Duke donations. The book drive was part of the Duke Tsunami Relief Effort. Read about other efforts at http://tsunami.dukehealth.org.

Posted 20 April 2005


President Brodhead recently endorsed an initiative to collect books and journals for Sri Lankan university libraries. Below are the procedures we will use at the law library to support the efforts at Duke.

The book drive will begin the week of May 2 and run through May 13, 2005.

Collection boxes will be in the law library near the circulation and reference desks. If you need materials picked up from your office, please contact Circulation at 613-7128.

Types of materials sought for the book drive: Books written in English, which most Sri Lankan faculty and advanced students read are preferred. Paper and hardback editions are equally welcome. Less-than-current edition of textbooks, monographs of all types, and incomplete runs of journals are welcome.

The following list of disciplines is meant to be suggestive, not comprehensive: textbooks or basic scholarly books in the broad areas of medicine; civil, mechanical, electrical, and environmental engineering; all sciences; primary texts in English and American literature, classic or modern; primary political texts, biographies, and constitutional studies; social science texts and world, European, and American history and Women's Studies.

Not welcome are trade books, volumes of questionable intellectual quality, or much-damaged books.

If you have questions please contact Melanie Dunshee.

Changes behind the Reserve desk

In order to accommodate summer construction plans, many reserve items have been relocated to the general stacks:

Current periodicals - unbound issues from the most recent year - are now located with the corresponding bound volumes on Level 4.
Tax Management Portfolios are now in the Tax Alcove on Level 3.
Restatements can be found in stack 35 on Level 3.
Several other reserve items such as older Sum & Substance materials have been added to the general classified collection on Level 2.

If you have any questions about location of materials when searching the catalog or Reserve binder, ask any library staff member.

Posted 1 April 2005

Mike Hannon accepts position at Minnesota Law

Reference Librarian Mike Hannon recently accepted a position at the University of Minnesota Law Library as Associate Director for Library and Educational Technology. Try as we might to dissuade him, Mike will leave the DULL life in June after nearly six years of service to the law school. Born in St. Charles, Missouri, Mike returns to the Midwest roots and his Gopher status, as he graduated from U of M Law School, magna cum laude, in 1998.

Posted 23 December 2004

Winter Break Hours

Circulation and Reference Services staff are available over the winter break. The library schedule over the holidays is as follows:

Fri - Mon, Dec. 24 - 27, CLOSED
Tues. - Thurs, Dec. 28 - 30, 8am - 5pm
Fri - Mon., Dec. 31 - Jan 3, CLOSED
Tues. - Fri., Jan 4 - Jan 7, 8am - 5pm
Sat., Jan 8, CLOSED
Sun, Jan 9 (Regular schedule resumes), 2pm - 10pm

Student access with ID cards is unaffected during these weeks. Enjoy the holiday!

Posted 19 November 2004

Reminder on circulation policies

Reserve materials and study rooms are often in high demand during finals weeks. Four is the magic number: 4 hours for rooms, 4 hours for reserve materials. If you check out a reserve item within 4 hours of the library closing time, you can keep the item until 9 a.m. the next day.

As you are completing papers and projects near the end of this term, consider returning the library items you may have checked out to yourself or a carrel. Items charged to carrels will remain there until the end of the academic year unless you choose to relinquish them. Check the due dates on the books you have charged to yourself before you leave for the semester break.

Posted 24 October 2004

Complete DLSIS Week Schedule

MONDAY , Law Library;

WEDNESDAY , Computing Services;

FRIDAY , Educational Technologies

10:00 am - 2:00 pm under the Loggia Board
Pens, Post-its and Prizes Stop by the table 3rd floor loggia to meet the staff, find out what we do, ask questions and get your first clue for the Scavenger Hunt

DLSIS is … Law Library

12:15 pm - 1:00pm Room 3043
Quick Click Access to Databases and E-Journals
New ways to identify databases and find electronic sources at Duke. Food and drinks provided
1 pm - 2 pm
Open House in the Rare Book Room
See some of our unique and valued holdings
DLSIS is … Movie Night

7:30 pm Room 3041

The Lighter Side of Technology and Libraries
"Desk Set," a 1957 Tracy and Hepburn romantic comedy showcasing conflict between automation and libraries. Popcorn and beverages provided.

DLSIS is … Computing Services
12:15 pm - 1:00pm Room 3043
Sharing Your Ideas While Speaking Your Mind
BLOGS, RSS, Wikis, WebBoard. Internet applications let you inform, collaborate, exchange and make your point. Join us for a discussion of these latest ways to expand communication options in and outside the classroom. Pizza and drinks provided
3:30 pm Burdman Lounge
High Tea With Your Faculty Liaison
Meet Your Faculty Liaison Reception hosted by the reference librarians for faculty, faculty research assistants and faculty support staff to learn about our services and an enhanced faculty librarian liaison program.

DLSIS is …. Law Library, Computing Services & Ed Tech working together
Noon - 1 pm Law Library Reading Room
Office hours for Library deputy director Melanie Dunshee, Educational Technologies director Wayne Miller, and Computing Services director Ken Hirsh. Bring your questions and suggestions.
DLSIS is … Educational Technologies

12:15 pm - 1 pm Room 3041
Awesome Presentations: How to Make the Most of Our Classroom Technology Learn what A/V technology in general, and our classrooms in particular, can do to present information more meaningfully and with greater impact. Bring your lunch; drinks and dessert provided.

Posted 16 October 2004

New staff member joins Collection Services

Jennifer Davis joins us as Collection Services Assistant on Monday, October 18. Jennifer recently moved to North Carolina from Iowa, where she worked in the University of Iowa Law library as a special library assistant for three years. She completed her B.A. degree in English and Philosophy there in May 2004. Among other departmental duties, Jennifer will spend shifts at the circulation desk and handle routing for professors.

Posted 6 October 2004

Staff Updates

Lee Cloninger joined the reference staff on September 20 to fill the document delivery specialist position. Lee may look familiar to students and faculty, as he worked in the circulation department for five years, handling the routing for professors and attending the circulation desk. He is currently enrolled in the MLS program, archives track, at NCCU here in Durham. Lee has a special interest in classical studies, and last year created a library display on law of the ancient western world.

The library also welcomes His-Yen (Sean) Chen, who joined the technical services staff on October 4 as a cataloging assistant. He worked in cataloging for several years at the University of California-Berkeley and earned his B.A. in Anthropology there in May 2003. Sean relocated to the area with his wife and their two children in August 2003 when his wife started the M.L.S. program at UNC.

Posted 5 September 2004

Labor Day Hours

Library department hours are slightly altered on Monday, September 6. Circulation will operate under limited hours that day, staffed 8am-5pm. This means the library doors will lock at 5 pm. Reference librarians will be available during their normal hours, 8am-9pm.

Other notes: If your law school organization is interested in using the display case at the entrance of the library or you have any suggestions for the smaller, red bulletin board also near the entrance, contact Joy Hanson

Posted 20 August 2004

Staff updates

The library is pleased to announce that Shyama Agrawal is the new Acquisitions/Serials Librarian. Shyama has worked in technical services here since 1996, as a senior cataloging assistant for the last six years. She earned a M.L.S. here in Durham, at North Carolina Central University, and a Bachelor of Library Science in Bombay, India. The change in position is effective September 1.

Congratulations also go out to Jim Ruwaldt on accepting a Librarian position at Wayne Community College in nearby Goldsboro. He joins the Learning Resource Center staff there soon after his August 20 departure from the law library. Jim has worked in the reference department here for three years as Interlibrary Loan/Document Delivery Assistant. He earned his M.L.S. at Indiana University-Bloomington.

Deb Kinney also leaves her position in the reference department, transitioning into education technologies as Web Developer/Media Technologist, effective August 16. Deb worked in the reference department as a staff specialist for several years. She earned a Master of Divinity here at Duke, and holds a B.A. in Business Administration and Psychology from Ohio Northern University. While Deb has been a dedicated employee of the library since 1991, her "true passion" lies in the fountain pen trade, with several hundred in her personal collection.

Other news: as of July 16, 2004, two library staff members began terms in respective Special Interest Section (SIS) of the American Association of Law Libraries. Karen Douglas, Head of Technical Services, started a three-year stint in the Technical Services SIS; this year she serves as Vice Chair. Katherine Topulos, Foreign and International Law Librarian, is the Treasurer for the Legal History and Rare Books SIS.

Posted 29 July 2004

AALL annual meeting provides education and bestows honors

The American Association of Law Libraries Annual Meeting was held in Boston from July 10 to July 14, under the theme, “Boston to Mumbai: The World of Legal Information.” Seven librarians from the Duke Law Library attended the meeting, which provides a chance for law library professionals to collaborate with colleagues from a variety of academic, law firm, and court settings.

One of Duke Law Library’s own was recognized for his accomplishments. Ken Hirsh, Director of Computing Services, was awarded the first Computing Services Special Interest Section (CS-SIS) Distinguished Service Award, named , “The CS-SIS Kenneth J. Hirsh Distinguished Service Award” in his honor. The award, was created by resolution and adopted by unanimous vote, and Ken found himself “pleasantly stunned” by the recognition of his years of service and involvement in the CS-SIS. The resolution states, “This award honors a CS-SIS member who has made outstanding contributions to the SIS, to AALL, and who is well regarded for their service to the profession.”

Donna Nixon co-presented, “What in the World Do They Know?: Information Literacy and Today’s Law Students,” a 60-minute program assessing research skills of incoming law students. Donna joined Duke Law Library as Head of Reference Services officially on July 19, following employment as a reference librarian at the Katherine R. Everett Law Library of UNC—Chapel Hill. Donna received her M.S.L.S. from UNC—Chapel Hill in 2001 and her J.D. from Stanford University School of Law in 1998.

Posted 2 July 2004

How construction is affecting library operations

With construction on classrooms evident from all sides of the law school, library operations manage to run smoothly. Access to the library is available from the north side of the building off Towerview Road, or through the courtyard entrance by turning left just inside the doors and using the staircase near the student organization bulletin boards. Intermittent noise or ventilation problems may affect the atmosphere during the coming weeks. If you notice any major changes in temperature or would like to report other problems, please notify any library staff member.

The Figures

Posted 1 June 2006

Law school by the numbers

  • 193: ABA-approved law schools (2006)
  • 48,132: first-year students enrolled in J.D. programs in 2005-2006
  • 42,673: J.D.s and LL.B.s awarded in 2005-2006
  • $28,900: average cost of tuition and fees at private law schools (2005)
  • $78,763: average amount borrowed to attend private law schools (2004-2005)

For more statistics on legal education, see the American Bar Association's website: http://www.abanet.org/legaled/statistics/stats.htm.

Posted 20 March 2006

Women & the Law by the Numbers

  • 1879: first woman admitted to practice before the U.S. Supreme Court
  • 30.2: percent of lawyers in the U.S. today are women (2005)
  • 22.3: percent of federal district court judges today are women (2005)
  • 80,634: median annual earnings of women lawyers, judges, and magistrates in dollars (2002)

Posted 20 February 2006

Corporate Governance & Financial Reporting under SOX

  • 270: corporate earnings restatements in 2001
  • 1,200: corporate earnings restatements in 2005
  • 8-K: the SEC form on which public companies are required to disclose material events; new SEC rules expanded the types of events that are deemed "material" and shortened the period in which to disclose them.
  • 404: the section of Sarbanes-Oxley that makes company management responsible for establishing, maintaining, assessing, and documenting the company's internal controls and requires its auditors attest to that assessment
  • $3.5 billion: estimated amount spent by public companies on technology and consulting services to help them comply with Sarbanes-Oxley, particularly with Section 404, in 2005

Posted 6 December 2005

Funny math

Some little-known law-related world records:

  • 400,000: the approximate number of votes received by a chimpanzee in the 1988 mayoral election in Rio de Janeiro, Brazil. The chimp came in third out of 12 candidates. ("Most votes for a chimpanzee in a political campaign")
  • 135: criminals positively identified from composite drawings by Texas forensic artist Lois Gibson ("Most criminals positively identified from the composites of one artist")
  • 1,093: patents held by Thomas Edison ("Most patents")
  • 16: inches, the height of the "highest heeled shoes commercially available." "The company take[s] no responsibility for anyone who falls while wearing the shoes."
  • 5,026: pounds, the weight of the "world's largest chocolate bar." (All that chocolate you ate while studying for your Con Law exam didn't even come close.)

For more details on these and many other world records, see Guinness World Records 2004 (Ref. AG 243 .G87 2004).

Posted 4 November 2005

Judge Samuel A. Alito, Jr.

  • 12: cases argued before the Supreme Court as an assistant to the U.S. Solicitor General
  • 2: state bars to which he was admitted to practice as an attorney (NJ and NY)
  • 40: age when appointed to the U. S. Court of Appeals for the Third Circuit by President George H.W. Bush
  • 15: years served as a Third Circuit judge
  • 24: percent of Americans are undecided about whether he should be confirmed, according to an early Washington Post-ABC News poll (for more information about the poll, see washingtonpost.com)

Posted 7 October 2005

First Monday

40 : cases carried over from last term, granted review but not yet argued or decided
76 : cases decided by oral argument and signed opinion in the 2004 term
151 : record for most cases decided by signed opinion in a term (1982 and 1983 each)
24 : number of 5-4 decisions last term
427 : current number of Supreme Court employees
The recent trend shows the Court currently issues fewer signed opinions than it has historically. Supreme Court statistics are frequently used to monitor the Court's decision-making process and make predictions about the current term, including how individual Justices will vote.

One of the most popular resources for finding Court statistics is the November issue of Harvard Law Review. Each year, this issue pulls together voting alignments and case handling figures from the previous term. The 2004 term statistics will appear in the November 2005 issue.

Posted 15 August 2005

Justice Sandra Day O'Connor

  • 24: terms of service on the U.S. Supreme Court
  • 273: majority opinions delivered by Justice O'Connor (Westlaw search)
  • 108: total number of Justices to sit on the Court since 1789
  • 2: women that make up that total
  • 21: news articles mention whether there exists a "woman's seat" on the Supreme Court (Lexis search, since July 1)

Following the 1981 appointment of Justice O'Connor, the "woman's seat" label was soon assigned to the bench. The nominations of Geraldine Ferraro to the 1984 Democratic vice-presidential ticket and Elizabeth Dole as secretary of labor soon followed. This trend of appointing a woman to the cabinet or other legal positions, along with the 10 percent jump in law degrees awarded to woman from 1980 to 1986, has been attributed, at least in part, to the appointment of Justice O'Connor.

See Barbara A. Perry, A "Representative" Supreme Court?: The Impact of Race, Religion, and Gender on Appointments 124-25 (1991).

Posted 28 May 2005

Bar exams

52,265: persons who took a July bar exam (all figures based on 2003 reporting)
68: nationwide passage rate (or 35,685)
9407: persons who took the New York exam in July (69 percent passed)
92: percentage reflecting the highest passage rate for July exam, administered by Utah (208 of 226 test-takers)
3: days for the longest bar exam, administered by Mississippi
142: average score on MBE
99: mean score on MPRE

If you are studying for a state bar exam this summer, you are in good company. July exams are more than twice as popular as February exams across the country, and a few states still do not administer a winter exam. Bar review courses start soon - for example, BAR/BRI for the North Carolina exam begins on May 27.

More information on state bar examiners is available on The National Conference of Bar Examiners web site, http://www.ncbex.org, including a comprehensive report of 2003 Statistics.

Posted 1 April 2005

The Right to Die

8: number of bills introduced specifically for the relief of the Schiavo family
10: number of additional bills related to advance directives
74: percent of Americans die in institutions
35: percent did in 1936
65: percent of Americans disagree with the Supreme Court's 1997 ruling that held the Constitution does not include a right to physician-assisted suicide
36: percent supported physician-assisted suicide in 1950
2: times as many Americans (72 percent) support it today

The right to die became an issue on the national radar with the case of In Re Quinlan, 355 A.2d 647 (1976), questioning medical treatment for vegetative and comatose patients. The decision prompted California to pass the first living will statute. Forty-six states have since followed suit. Interpretation of such statutes reached the U.S. Supreme Court in Cruzan v. Missouri Dept. of Health, 497 U.S. 160 (1990); the Fourteenth Amendment ruling mentioned above is Washington v. Glucksberg, 521 U.S. 702 (1997).
Most figures above are from http://www.publicagenda.org.

Posted 23 December 2004

IP at Duke Law

18: IP courses listed in law school curriculum
6: Faculty members in IP
39: Students on Duke Law and Technology Review
3: Symposia sponsored by the Intellectual Property and Cyberlaw Society
1: Center for the Study of the Public Domain
8: Finalists in CSPD's Arts Project Moving Images Contest

IP has been a part of Duke law curriculum for more than 30 years. Strong faculty and student interest keeps events varied and plentiful throughout the year. One current project, the Moving Images Contest, is currently accepting votes for favorite work, and 3 winners will be announced by the judges on January 15. For more information, visit IP at Duke Law School and the Center for the Study of the Public Domain.

Posted 19 November 2004

Law School Exams

17: days in the exam period
21: day in December marking winter solstice, the shortest day of the year
9.5: approximate hours of daylight per day leading up to the solstice
0: hours of daylight the average 1L experiences during finals
104: exams available on the library web site
31: classes with exams available

Since law students are normally staying indoors to study during the dark days of December, you may as well check out the many practice exams available on the library web site: exams on file. Previous law school exams that have been given to the library by faculty are available for many classes. If you need the username and password please ask at Circulation or Reference.

Posted 24 October 2004

IS Staff and Services

3: departments in Information Services
22: staff members of the law library
7: staff members in educational technologies
5: staff members in computing services
?: number of ways we can assist you

DLSIS is made up of three departments that serve different law school community needs, but we hope that you can find assistance and advice no matter where you ask. Stop by any of the departments, especially the computing services help desk, room 2068 on Level 2, and the reference desk, Level 3, if you do not know where to begin

Posted 16 October 2004

Foreign Law tidbits

392: librarian members of the AALL Foreign, Comparative, & International Law section
1: specialist here at DULL
4: research guides on foreign & comparative law available here in the library
8: research guides on international law
7: nominative reporters in the United States reporting system
?: nominative reporters in the English reporting system

While the early U.S. Reports and English reporters moved away from nominative reporting at the same time (between 1865 and 1875) the English system clearly existed for much longer leading up to that transition. Cases from as early as the 14th Century were named for the individual reporter, resulting in a large body of seemingly disconnected reports. English Reports reprints these cases, creating one citation system for the mass of reporters. This is just one example of a quirk you may find in research foreign law. Use the research guides and web research sources to familiarize yourself with a particular area of study.

Posted 6 October 2004

October Terms

8000: estimated number of petitions filed with the Court each recent Term
1460: number of cases on the Court's docket in 1945
550: percent increase in caseload in 60 years
16: Chief Justices since the Court's inception in 1789
97: Associate Justices since 1789
166: combined years of service to the Court by the current Justices
80: approximate number of opinions published each recent Terms
5000: pages of opinions and orders published each Term

October Term 2004 began on Monday, the 4th. Court related resources are often organized by Term. The Court originally convened in two terms each year, with several modifications of start dates along the way. Since an 1873 statute, a single annual term convenes on the first Monday of October (28 U.S.C. § 2) and runs through the summer. Each October Term (OT) is designated by the year it begins; for example, the term that commenced in October 1989 and ran through summer of 1990 is often referred to as OT 1989.

Information on former Justices is available on the Court's web site, and Memorials are available in U.S. Reports volumes. The Supreme Court Historical Society web site, http://www.supremecourthistory.org, is also very informative.

Posted 20 August 2004

Introducing the library

4: levels in the library
3: level that the main entrance and reading room is on, including most library necessities but no restrooms (restrooms are located on level 2 and 4)
600,000: volumes in the law library collection
22: full-time library staff members
138: carrels and tables located throughout the library
168: hours in a week
168: hours each week you can spend in the library [see below]

Take it as good or bad news: law students have 24-hour access to the library. That means unlimited amounts of study time! While building doors lock down at 5 p.m. each day, and the library doors lock when circulation staff leaves, you can access the building and the library any time you please with your Duke ID card. Please be aware, access precautions do not ensure security; keep track of your belongings at all times, especially when you leave for extended periods of time to, for example, grab dinner or a late night snack. (Remember, eating in the library is prohibited.)

Posted 29 July 2004

Librarians networked

5000+: registered members of AALL nationwide
1930: number of attendees at this year’s AALL meeting
97: number of years the AALL meeting has happened
6: full time contributors to building the new Duke Libraries catalog
56: catalog team members, including Melanie Dunshee and Mike Hannon
100: total contributors to the catalog, including nine contacts in Jerusalem
700+: weeks of effort put into the catalog project by all involved

Professional organizations such as American Library Association (ALA), American Association of Law Libraries (AALL), its Southeastern Chapter (SEAALL), and Triangle Research Libraries Network (TRLN) are available to librarians here at Duke Law to increase resource sharing, and awareness and proficiency in library activities ranging from cataloging and patron services to research and teaching skills. Librarians are always eager to hear comments and ideas on serving its library users more effectively, especially during this time of change in the library.

Posted 2 July 2004


9: number of hours that library staff are available each day of the summer schedule
21: day in June that summer officially began
4: weeks left of summer term classes
86: rules of civil procedure
86: rules of civil procedure left to learn
5: fire alarm evacuations in the past three weeks
?: fire alarm evacuations to come this summer [see below]

Exiting the building is the appropriate first response to a fire alarm. Emergency exits are on all levels, so locate the nearest exit rather than using stairs and elevators. Although the number of false alarms may increase due to current summer construction activity, everyone must exit the library and wait for further instruction from campus police. Patrons should keep in mind that some construction activity may actually increase the chances for a real emergency.

Research Tip

Posted 1 June 2006

Reading citations

One of the biggest challenges of the first semester of law school is learning to read all over again. Not only do you learn to analyze cases through close reading and briefing, but also you have to figure out what all those strange citations mean.

Here are some examples of citation formats you are likely to see this semester:

  • Cases (decisions issued by courts, also called "opinions") are published in multi-volume sets of books called "reporters."

    A citation to a federal case could look like this:

    A citation to a state case might look like this:

  • Statutes (written laws issued by legislatures) are often published in codes.

    A basic citation to a federal statute looks like this:

  • Citations to state statutes vary in formatting, but might look like this in a state whose statutory compilation is arranged into subject-based volumes:

    A citation in a state whose statutory compilation is arranged numerically could look like this:

  • Citations to law review articles look like this:

To learn more about legal citation formats, look at The Bluebook: A Uniform System of Citation, which is the citation manual used at Duke Law and many other law schools and courts. The tables at the back of the book can be particularly helpful in deciphering citations. The Bluebook is available at the Reserve Desk. (And you will need to buy one for your Legal Analysis, Research & Writing course this fall.)

Contracts & property resources

Your reading in your contracts and property courses this summer will consist mostly of cases. The case method is an effective way to develop legal reasoning skills, but sometimes you may also need background, context, or more information to grasp the concepts taught in your courses. Here are some supplementary resources:

For a basic introduction to contracts and property (and many other topics), try the Nutshell series. Both Contracts in a Nutshell (5th ed. 2000) and Real Property in a Nutshell (5th ed. 2005) are available at the reserve desk. Study aids like the Examples and Explanations series will help you prepare for exams. You can test your understanding of the concepts you're learning by working through the examples, then reading the explanations. Contracts: Examples & Explanations is located at KF 801 .B58 2004, and Property: Examples & Explanations can be found at call number KF 560 .B84 2004.

For a more scholarly take on your subjects, try one of the leading contracts or property treatises. Contracts treatises by Corbin, Farnsworth, and Williston are on reserve. Thompson on Real Property, an important property treatise, can be found at call number KF 570 .T471 1998. (In many areas of the law, important works are commonly referred to by their original authors' names. They will often be cited in your case books.)

You are also likely to see citations to the Restatements of the law of contracts and property in your readings this summer. Restatements are scholarly distillations of major areas of law, prepared by the American Law Institute (a group of scholars, judges, and practitioners). Restatements provide black letter principles of law, followed by comments and illustrations. Appendix volumes compile case citations to the Restatement from different jurisdictions. You can borrow Restatements--you guessed it--at the reserve desk.

Posted 20 March 2006

Finding Legal History & Other Interdisciplinary Resources

Searching subject headings in the library catalog is a great way to find legal history materials. For example, to find information about the history of women practicing law, try searching the subject keywords women lawyers and history. You’ll find books like Rebels in Law: Voices in History of Black Women Lawyers (KF299 .A35 R43 1998) and Sisters in Law: Women Lawyers in Modern American History (KF299 .W6 D7 1998). For materials on the legal status of women, try terms like women and legal status and history, which will produce titles like Women in American Law: The Struggle Toward Equality from the New Deal to the Present (KF478 .W67 2002).

Keep in mind that legal history resources are only one of the many types of interdisciplinary resources available to you in the law library. To find books that cross disciplines, try searching by subject keywords for law and another discipline, such as law and anthropology. There are also lots of useful non-legal databases and journals available to you here at Duke. Just click on Find articles and databases or on Find e-Journals on the law library’s home page to find databases or e-journals by title or subject. As always, feel free to ask a librarian for help with identifying resources for your next interdisciplinary research project.

Posted 20 February 2006

Finding the Implementing Regulations

As with the Sarbanes-Oxley Act, many federal statutes give administrative agencies the authority to promulgate regulations to implement them. How do you locate the regulations corresponding to a particular statute? Here are some quick and easy ways to find your way from the U.S. Code to the right regs in the Code of Federal Regulations:

  • Consult the "Parallel Table of Authorities and Rules" in the C.F.R. Index, which is also available online at the Government Printing Office's website: http://www.access.gpo.gov/nara/cfr/. Simply look up your specific code section and read across the table to find the corresponding parts of the CFR.
  • Look at the annotations to individual sections of the U.S.C.S. or U.S.C.A. Some researchers prefer the U.S.C.S. for its particularly thorough citations to regulations. The "Index and Finding Aids to the Code of Federal Regulations" volume in the U.S.C.S. is also helpful.
  • Check out the appropriate agency's website.

Posted 6 December 2005

Finding legal humor

To find more collections of legal humor in the law library, try searching the online catalog for subject keywords such as the following:

Judges -- Humor
Law -- United States -- Humor
Law schools -- Humor
Law students -- Humor
Lawyers -- United States -- Humor

Better yet, stretch your legs and have a chuckle at the same time. Peel yourself out of your chair, take a walk down to the first floor of the library, and spend a few minutes browsing the call numbers around K 183 and PN 6200.

Posted 4 November 2005

Researching a judge's opinions

Suppose you want to review a particular judge's opinions before your clerkship interview or argument in court. Print and online resources compiling opinions written by Judge Alito are highlighted above, but ordinarily you will need to locate your judge's opinions yourself.

To do this research efficiently, try segment searching on Lexis or field searching on Westlaw. Choose the database(s) that would contain your judge's opinions (e.g., CTA3 on Westlaw for Judge Alito). Then search the relevant segments or fields of the opinions in the database for the judge's name. On Lexis, some useful segments include: OPINIONBY, CONCURBY, and DISSENTBY. On Westlaw, the parallel fields are: JU, CON, and DIS.

As an example, a search for Third Circuit majority opinions written by Judge Alito would look like this on Lexis:


and like this on Westlaw:


For more help with searching Lexis or Westlaw, contact a reference librarian.

Posted 7 October 2005

Finding U.S. Supreme Court Briefs

If you are interested in a particular Supreme Court case, you may want to read the briefs to see what arguments were advanced. Parties' merits briefs, amicus briefs, and some petitions for certiorari are available in a variety of online and print sources.

Findlaw's collection of parties' merits briefs, as well as selected amicus briefs and cert. petitions, goes back to October Term 1999. Merits briefs from cases scheduled for argument from October 2003 through December 2005 are also available at the ABA's website. For well-known cases, try Yale's Curiae Project, where you can find briefs and other documents filed in cases from many years. At the project's website, cases are added based on a ranking system developed from citation data, rather than by term. You can also find briefs on Lexis (GENFED;BRIEFS) and Westlaw (SCT-BRIEF-ALL).

In print, briefs from selected cases are reproduced in a set of books called Landmark Briefs and Arguments of the Supreme Court of the United States: Constitutional Law. You can also find briefs from 1920 to the present on microfiche in the Microforms Room on the first floor of the Library. Finding cert. petitions from cases where the Supreme Court does not grant review can sometimes be a challenge, but the Library has them on microfiche from October Term 1985 to the present.

For more information on finding briefs and cert. petitions, see the Law Library's U.S. Supreme Court Research Guide or contact the Reference Desk.

Posted 15 August 2005

Change your LexisNexis password

LexisNexis is now requiring Custom IDs and passwords to log onto its law school web site. If you have not already done so, you need to create a Custom ID to access your account. The original seven-digit password assigned to you will no longer work.

The change is expected to aid security and increase protection of privacy. If you are already using a Custom ID, keep in mind that reference staff will no longer be able to assist you in retrieving your password. You will need to contact LexisNexis customer service at 1-800-455-3947.

Posted 28 May 2005

WestCheck by Westlaw

WestCheck can check all the cited references in a document and make sure they are correct, KeyCite selected or all citations, and automatically create a table of authorities. The web-based service can be used with Word or WordPerfect documents. Product information is available on the Thomson West web site, including a quick two-page brochure. Link to an animated quick tutorial: http://west.thomson.com/westcheck/demo.htm.

Posted 20 April 2005

Bieber's on LexisNexis

Students, especially cite checkers, often come to the reference desk with unusual citation formats. You may be familiar with Bieber's Dictionary of Legal Abbreviations, which translates thousands of abbreviations, acronyms, and symbols cited in legal documents and literature. This is a great resource used often by reference librarians.

Bieber's is available on LexisNexis, and can be located in the following folders:
Legal > Reference > General > Bieber's Dictionary
Legal > Reference > Law > Beiber's Dictionary
Legal > Secondary Sources > Annotations & Indexes > Bieber's Dictionary

Posted 1 April 2005

Use news searches to start your legal research

News sources and Internet search engines can cut down on the time, effort, and money that can be wasted on preliminary legal research. News coverage and free online sources often compile information on laws and current legal issues. You can often gather citations to cases, secondary sources, statutes, and even pending regulations with Google or major news sources. Try a preliminary search before logging into Westlaw or LexisNexis.

Posted 23 December 2004

Use subject fields in the Duke Library Catalog

Use general subject headings as a starting point and then select the appropriate subdivisions for a more precise search. For example, subject headings in intellectual property may include the following terms:

Intellectual Property-United States
Trademarks Law and Legislation
Trademarks-United States
Patents-International Law
Patent Licenses
Patents-United States
Copyright-United States
Copyright Infringement
License Agreements

Posted 19 November 2004

The library has many resources that can help you in preparing for exams

From books to web sites, and of course a place to study, the library supplies resources for exam preparation. Both the Reserve and general collection include law school study materials.

Books on Reserve on How to Take Exams

Brody B., Write the "A" Law Exam Answer, 1988. This short, succinct book presents one sample law school exam question and a model answer, and then goes step-by-step through the manner in which the answer was developed.

Burkhart, A., How to Study Law and Take Law Exams in a Nutshell, 1996. The first half of this book covers the law school experience, and includes a section on reading and briefing cases. The second half consists of sample exam questions and answers for first-year subjects.

Delaney, J., How to Do Your Best on Law School Exams, 1982. Written with a sense of humor, this book includes seven sample law school exam questions along with a "good" and "bad" answer. The reasoning given for each "good" and "bad" answer is thorough.

Dernbach, John C., A Practical Guide to Writing Law School Essay Exams, 2001. This short 74 page book written by a legal writing professor gives a concise overview of writing essay exams highlighting the purpose of exams and the application of rule analysis.

Fischl, R.M., Getting to Maybe: How to Excel on Law School Exams, 1999. This very readable book takes a different approach and focuses not on sample questions and answers but instead on legal analysis skills and how to show you can think like a lawyer, not just memorize a prepared outline. It will help you develop the skill of spotting issues and techniques for organizing and analyzing the exam questions.

Simon, D., Conquering Law School Exams, the Art of Preparing for and Writing Outstanding Legal Exams (1994) (audio tapes). For those who like to learn by hearing and doing, these tapes may be just what you need. Based on a seminar, it comes with a handbook of exercises.

Posted 24 October 2004

Learn about MetaLib and shortcuts available through library resources

Reference librarian Mike Hannon will lead a presentation, "Quick Click Access to Databases and E-Journals" on basic uses for legal research and related fields that may of interest to the law community. The presentation will start at 12:15 on Monday, October 25 in room 3043. Food and drinks provided.

Posted 16 October 2004

Be aware of the best starting point for your subject; half the research may be done for you.

One great place to start your research is the Foreign and International Law Sources guide available through the library's Legal Research Sources. Foreign law research can be daunting. Don't reinvent the wheel. Many librarians and scholars have gathered helpful resources to aid your research process. Take a look at the guide here.

Posted 6 October 2004

Use Duke Libraries' Citation Linker as a shortcut in retrieving articles

Have a citation and want to locate the full text of an article? Citation Linker is a quick way to do this. Enter citation information in the online form and Citation Linker provides links to research databases for the full text article. This produces a Get it @ Duke menu with links to the article's full text, if available. The more information you enter, the more precise the links will be. If full text is not available in an electronic source, Citation Linker also lets you find print resources in the Duke Libraries or make an ILL request. Law students must request ILL borrowing through the Law Library, not the Duke Libraries' system.

Posted 5 September 2004

Attend your library session

This is not a traditional research tip so much as a reminder to first year students. Library sessions, part of the LARW course, will be held during weeks 4 and 5 of your class schedule. The hour-long sessions will provide many research tips that aim to start you on the legal research paths you will visit time and time again. Classes will meet throughout the next two weeks at the back of Level 3.

Posted 20 August 2004

Under Bluebook standards, it is permissible to cite to unofficial versions of the U.S. Code, especially when citing laws adopted after 2000.

Determining what United States Code source to use in citations can be confusing. Basic statutory citations, such as 17 U.S.C. § 203 (2000), are easy to interpret (Title 17, United States Code, Section 203, 2000 edition), however, the resource and year often present citation variations worth reviewing. Bluebook Rule 12 controls statutes, including a hierarchy for source reliance when citing the U.S. Code: official code and supplements (U.S.C.), unofficial code (U.S.C.A. & U.S.C.S.) and supplements, official session laws, private publication session laws (U.S.C.C.A.N.), then databases (e.g., Westlaw, Lexis) and Internet sources (e.g., L.I.I.). Note that session laws (P.L., Stat.) are preferred over popular databases.

Always start with code resources in print. The official United States Code is published every six years; the last edition was published in 2000 (available in the Federal Alcove). Two Supplement volumes exist - Supplement II (2003) updates Titles 1 through 17 and Supplement I (2002) updates Titles 18 through 50 - but neither are readily available in print or on GPO Access.

For more recent Code sections use the unofficial codes, U.S.C.A. and U.S.C.S. The 2004 pocket parts (Supp. 2004) cover through the 108th Congress, First Session. Both unofficial codes are published intermittently; the quickest place to determine publication years is on the front sheet of the pocket part (for example, "Replacing 2003 pocket part in back of 1990 bound volume"). A citation may look like this: 22 U.S.C.A. § 302 (West 1990 & Supp. 2004), or 22 U.S.C.S. § 302 (Lexis 2000 & Supp. 2004); but bound volumes have also been published as recently as last year.

Posted 29 July 2004

Browse the stacks if you cannot find relevant resources with the catalog

Regardless of familiarity and skill at navigating any catalog, sometimes the best approach to finding the book or resource you need is to simply browse the shelves after consulting the catalog. Researchers often use the catalog to find books generally related to a subject, such as free speech, but have trouble locating a perfect match for something more specific. Physical browsing can be very helpful if you note the call number ranges that recur in your catalog search results, since books are generally shelved together by subject classification. This approach will work in both the general collections and reference collection. Keep in mind that most reading room materials, government documents, and periodicals do not follow this shelving system.

Posted 2 July 2004

When looking for a congressional statute, find the Public Law number

Knowing the Public Law (P.L.) number can speed research in a number of resources. The Statutes at Large are arranged in P.L. order; U.S. Code Table III translates where the P.L. fits into the codified version; CIS Legislative Histories volume is arranged by P.L. While the Statutes at Large citation is also useful, Internet resources such as Thomas and GPO Access are easier to search with by P.L. number because each Congress is listed separately, and the P.L. number incorporates the Congress in which the law was passed (for example, 89-554 was enacted during the 89th Congress). LexisNexis Congressional can be searched without specifying the Congress, and by a number of other descriptors including keyword and Statutes at Large number, but some screens can be narrowed to Congress or year, so searching can be refined by the P.L. number. If you only know the title of an Act, a quick way to locate the P.L. number is by using the Table of Popular Names in the index volumes of the U.S. Code set.

Research Stumper

Posted 1 June 2006

Legal dictionaries

When you want to know the definitions of a legal term, a legal dictionary is the right tool for the job. The One-L Dictionary is a quick online reference for very basic legal terms. Two more authoritative sources are Black's Law Dictionary, 8th ed. (Ref. KF 156 .B53 2004) and A Dictionary of Modern Legal Usage, 2d ed. (Ref. KF 156 .G367 1995). Why would it be helpful to look up your term in both of these print dictionaries, instead of choosing just one of them?

The answer will appear in the next issue.

Answers to last issue's stumper

In the last issue we asked, "When you are researching the application of a regulation to a set of facts, why might you want to go back and look at the proposed and final versions in the Federal Register in addition to finding the current text in the Code of Federal Regulations?

In researching a federal regulation, you should, of course, review its current text in the CFR, in print or online. By also looking at the proposed and final versions of your rule in the FR, you can learn about its regulatory history, which can be helpful in determining its application to your facts.

There are two aspects of this process: First, the FR includes narrative preambles to proposed and final rules. The preambles explain the need for and purposes of the rule and respond to public comments about the proposed rule. The preambles are not reprinted in the CFR, so you will have to find them in the FR. Second, comparing the text of the regulation in the proposed rule with the final rule--looking for changes, additions, deletions--may help you determine whether the regulation was intended to cover your facts. Any questions about researching federal regulations? As always, just ask a librarian!

Posted 20 March 2006

Finding Presidential Proclamations

Where can you find presidential proclamations, such as the proclamation issued by President Bush declaring March 2006 Women’s History Month?

Answer will appear in our next issue.

Answer to last issue’s stumper

In the last issue we asked:

Aside from reading the Wall Street Journal every day, how would you know if the Securities and Exchange Commission proposed new rules on disclosure of executive compensation? Where would you find them?

Reading the Wall Street Journal is a great way to stay current on the latest business-related news, such as new SEC rules. You could also check the SEC’s website, where the Commission’s proposed rules are posted. But why not have the new rules delivered right to your in-box using an alert service? Both LexisNexis and Westlaw allow you to create alerts that will send you an e-mail when new content meeting your search criteria is added to a database.

These alerts, called Alerts on Lexis and WestClip on Westlaw, are easy to set up. On Lexis, just run your search in an appropriate database, then select the Save As Alert option at the top of your search results. On Westlaw, click Alert Center at the top right corner of any screen and select Create Entry beside WestClip. Then choose a database and enter your search terms. On both services, you have the option of having your search run daily, business days, weekly, or monthly.

Here’s how to be alerted if the SEC proposes new rules on disclosure of executive compensation: Remember that federal administrative agencies, including the SEC, publish their proposed rules in the Federal Register. Both LexisNexis and Westlaw have Federal Register databases, which would be the most efficient place to set up your alert. For your search, use a terms and connectors search such as “proposed rules” & “securities and exchange commission” & (executive or officer) & (compensat! or remunerat!) & (disclos! or report!). Because the Federal Register is published on business days, set up your search to run Monday through Friday. Choose e-mail as the delivery method for your results. For more help setting up an alert on LexisNexis or Westlaw, just ask a reference librarian.

Posted 20 February 2006

Finding new regulations

If the SEC indeed proposes new rules this year to require public companies to disclose their executives' compensation more clearly, corporate lawyers will want to see the proposed rules and perhaps even to submit comments on them to the SEC. Aside from reading the Wall Street Journal every day, how would you know if such rules were proposed? Where would you find them?

Answers will appear in our next issue.

Posted 6 December 2005

Answer to last issue's stumpers

Question: Like Judge Alito, most of the sitting Supreme Court justices previously served as U.S. Court of Appeals judges. Which current Supreme Court justice testified before the Senate Judiciary committee as a Court of Appeals nominee on April 5, 1990, the very same day that Samuel A. Alito, Jr. testified as a Third Circuit nominee?"

Answer: Justice David H. Souter.

Source: Confirmation Hearings on Federal Appointments: Hearings Before the S. Comm. on the Judiciary, 101st Cong. 571-576 (1990) (testimony of David H. Souter and Samuel A. Alito, Jr.).

This issue's Research Stumper

You have plenty of stumpers of your own -- voidable preferences? the Pullman doctrine? -- to deal with right now, so here's a little riddle instead.

Question: Where do lawyers live?

Answer: In legal pads.

Source: Bill Adler, First, Kill All the Lawyers: Legal Proverbs, Epitaphs, Jokes & Anecdotes, at 137. PN 6231 .L4 A35 1994.

The Research Stumper will return in the next issue.

Posted 4 November 2005

Answer to last issue's stumpers

1. William O. Douglas served on the Court for thirty-six years and seven months (April 4, 1939-November 12, 1975), longer than any other justice.

Question: Who served the shortest term on the high court?

James Frances Byrnes (1879-1972) served on the Court for just fifteen months. Appointed by Roosevelt on June 12, 1941 (and confirmed the same day!), Byrnes resigned on October 3, 1942 because he wanted to be actively involved in the war effort. He become director of the Office of Economic Stabilization, then director of the Office of War Mobilization. A close advisor of FDR, he was known as the "assistant president." After Roosevelt's death he became Secretary of State in the Truman administration and was later elected governor of South Carolina.
Byrnes never went to law school. In fact, he never even finished high school, but quit when he was fourteen to work as a law clerk in a Charleston firm. He passed the bar in 1903 after reading law privately.

The Supreme Court A to Z 60-61 (Kenneth Jost ed., 3rd ed., 2003) (Ref. KF8742.A35 S8 2003).

2. Supreme Court begins it regular term on the first Monday in October.

Question: How long has this been the practice and what is the source for this rule?

Since 1917. See Supreme Court Rule 3.

This issue's Research Stumper

Like Judge Alito, most of the sitting Supreme Court justices previously served as U.S. Court of Appeals judges. Which current Supreme Court justice testified before the Senate Judiciary committee as a Court of Appeals nominee on April 5, 1990, the very same day that Samuel A. Alito, Jr. testified as a Third Circuit nominee?

Hint: The other nominee was nominated to the First Circuit.

Answer will appear in our next issue.

Posted 7 October 2005

1. William O. Douglas served on the Court for thirty-six years and seven months (April 4, 1939-November 12, 1975), longer than any other justice.

Question: Who served the shortest term on the high court?

Tip: The reference collection includes Supreme Court materials (see Get to Know)

2. Supreme Court begins it regular term on the first Monday in October.

Question: How long has this been the practice and what is the source for this rule?

Tip: Try the U.S. Supreme Court Research Guide

Answers will appear in our next issue.

Posted 15 August 2005

Find an encyclopedic discussion on proving copyright infringement by file sharing

Answer: The best legal encyclopedia to consult is Am. Jur. Proof of Facts, located on Level 3, stack 69. The publication is now in its third series, and also located on Westlaw (AMJUR POF). When viewing any of the recent file sharing cases, such as A&M Records v. Napster, Westlaw's ResultsPlus links to an article directly on this subject. David Polin, "Proof of Copyright Infringement By File Sharing," 63 Am. Jur. Proof of Facts 3d 1.

In general, when researching on Westlaw remember to check for links via the ResultsPlus feature in the frame on the left side of the screen. Linking to related topics and resources can save valuable time in your research efforts.

Posted 28 May 2005

Proof of copyright infringment by file sharing

Hint: To research in print, legal encyclopedias are located on Level 3 in Practice & Procedure. If researching online, Westlaw's ResultsPlus links to secondary sources when you are viewing a case or other primary document, while Lexis's "More Like This" feature allows you to search for related resources. The answer will appear in our next issue.

Posted 20 April 2005

Answer to Public law, Private law

The previous DULL News issue asked, "What is the appropriate public or private law number and citation of the law passed last week for the relief of the parents of Terri Schiavo? What is the difference between a public and private law, and how was it applied here?"

Answer: Senate Bill 686 was signed into law on March 21 as Public Law 109-003. (Easy access to the text of the law is available at http://www.gpoaccess.gov.

There have been several news commentaries and blogs about whether private or public law designation was appropriate in this case. The Senate web site states that a "private bill provides benefits to specified individuals (including corporate bodies). Individuals sometimes request relief through private legislation when administrative or legal remedies are exhausted. Many private bills deal with immigration-granting citizenship or permanent residency. Private bills may also be introduced for individuals who have claims again the government, veterans benefits claims, claims for military decorations, or taxation problems. The title of a private bill usually begins with the phrase, "For the relief of...." If a private bill is passed in identical form by both houses of Congress and is signed by the President, it becomes a private law." However, one commentator notes that the Schiavo law includes a "Sense of the Congress" clause ("It is the Sense of Congress that the 109th Congress should consider policies regarding the status and legal rights of incapacitated individuals who are incapable of making decisions concerning the provision, withholding, or withdrawal of foods, fluid, or medical care.") This type of clause is not allowed in private relief bills, explaining the public law designation for the S. 686.

For examples of private laws, see this Republican Study Committee report which, interestingly, glosses over the difference in designation of this law.

Posted 1 April 2005

Public law, private law

What is the appropriate public or private law number and citation of the law passed last week for the relief of the parents of Terri Schiavo? What is the difference between a public and private law, and how was it applied here?

Hint: you may come across a bill number, law number, or bill name in your research. Remember what parts you need for a citation.

Posted 23 December 2004

How can find the text of key federal statutes such as the DMCA, Copyright Act, and Anticybersquatting Act?

Hint: You may want to start with the United States Code, but the text of the laws as passed by Congress are more readily available in another publication.

Posted 19 November 2004

Just the answers

We know there's no time for games and treasure hunts during finals. Here are the answers to recent stumpers:

Where is 1 Cromp. & M. 227 (1832) in the collection?

Using Bieber's Dictionary of Legal Abbreviations (Ref. KF246 .B5 and LexisNexis LEXREF;BIEBLA short name), you can look up virtually any legal abbreviation as cited. Cromp. & M. is Crompton and Meeson's English Exchequer Reports. Bieber's also indicates where you can find the material; in this case, reprinted in volume 149 of the English Reports, located in our collection at KD270 1220 .E53 (178 v.).

Bluebook T.2 calls for citation to English Reports if therein. A parallel cite to the original reporter may be included.

No takers on the English candy bars offered, so this editor took it upon herself to eat them!

Congratulations to Dorrian Horsey...

...on successfully completing the DLSIS Week scavenger hunt, taking home the $30 Amazon e-card gift certificate! Below are the answers to each clue, and the final quote. To see the original questions, link to the DULL Archive.

Clue #1
Answer: Earl Warren; Optical Maser
Earl Warren, Dedication of the new Duke Law School Building, 1963 Duke L.J. 387 (Summer 1963).
Clue #2
Answer: Printer E
Clue #3
Answer: The Bluebook: A Sixty-Five Year Retrospective. The first edition was published in 1926.
Clue #4
Answer: Circulation/Reserve Desk; one day in advance; 4 hours a day
"If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch."
Stanley v. Georgia, 394 U.S. 557, 565 (1969)

Posted 24 October 2004

Let the games begin! The law library scavenger hunt is underway

Win a $30 Amazon e-card Gift Certificate

The scavenger hunt consists of a series of clues that will lead you to different places, objects or pieces of information found in the law library. After solving each clue, go to the Reference Desk to receive the next clue AND the secret words of the day. Only one clue will be given out each day. After you have all of the secret words unscramble them to reveal a famous legal quote. The first person that successfully solves the legal quote, identifies the person who said it and brings that information to the Reference Desk during regular hours wins!

Note Revised Rules: All answers will be collected and a winner drawn from the entries on Friday at 11:45 at the DLSIS table in the 3rd floor loggia. You need not be present to win.

Scavenger Hunt Clue 1
Back to Basics
Building renovations seem never ending. Let's go back to the original construction. Your search starts off with the simplest of tasks, "the best place to start any research project" legal research instructors intone.
Who spoke at the dedication day and what scientific device was compared to law school experience? Please also give the source for your answer.

Scavenger Hunt Clue 2
Orientation in the Library
Today's tour of the library is brought to you by the letter E. E is sometimes elusive and hard to find, but E is always found on 2. Why E? E is one of the least used of its kind. E enjoys Aziz Diagne - La Balance. E is for everyone.

When you find the answer look closely for a banned book bookmark. Bring that to the Reference or Circulation Desk on Wednesday for Clue #3 and more secret words.

Scavenger Hunt Clue #3
The Bluebook
No, we will not ask you to "bluebook" any citations here. Instead you will search for some history of this much dreaded publication that "has inflicted more pain on more law students than any other publication in legal history." (Not a Bluebook citation, from the preface of the book you seek.) Search the catalog for a retrospective of collection of the Bluebook in the law library. Notice how short and simple it used to be.

Identify the name of the book and the year of the first Uniform System of Citation. Bring your answer to the Reference Desk to receive your secret words.

Scavenger Hunt Clue #4
Study Rooms
Time to begin studying for finals is fast approaching. The group study rooms on Level 2 will be in high demand. Do you know about RESERVing? Here is your final quiz.

To reserve a room and get the key I inquire at __________________.
I can reserve a room ___ day(s) in advance.
I can reserve a room for up to ________ hours a day.

Bring your answer to the Reference or Circulation Desk to receive your final secret words.

Legal Quote
Now take all of your secret words and arrange them in the correct order for the legal quotation.
Also, identify the source of the quote.

Hint: If you need help, this is a quote from a Supreme Court case.

Submit your name and the final answer below and turn it in to the Circulation Desk. A winner will be drawn from the correct entries on Friday, October 29 at 11:45 at the DLSIS table.

Posted 16 October 2004

Where can you find 1 Cromp. & M. 227 (1832) in the library collection? What is the correct Bluebook citation?

Hint: The library does not own this publication as it is cited. You must first find out what the citation refers to and where it is reprinted. This reprint will help with the Bluebook citation. The first person to come up with the correct answer will be rewarded with English candy bars: Sky Bar and Toffee Crisp!

Answer to last issue's question, "Where can you trace the amendments of the Court's Rules?"

The quickest way to locate amendments of the Court rules is by checking the spines of the U.S. Reports volumes. Court rules are updated irregularly, ranging from every three to fifteen years. The volume spine notes "Amendments of Rules" if changes occurred during that Term. Another great resource is the "Compilation of Rules of the Supreme Court of the United States published in the United States Reporter, vol. 1-457 (and reference to changes through December 1984)" by Supreme Court research librarian Anne Ashmore. Duke law library owns this as a microfiche serial.

Westlaw and LexisNexis both contain Rules of the Supreme Court of the United States as they appear in an their respective unofficial United States Code publications. A quick glance at changes and corresponding rules is available in a table at the beginning of the print 28 U.S.C.A. appendix and accompanying supplement. U.S.C.S. publishes court rules at the end of the entire set.

Posted 6 October 2004

Where can you trace the amendments of the Court's Rules?

Hint: The full title is, "Rules of the Supreme Court of the United States". The reporters printed by different publishers contain different information.

Posted 5 September 2004

Citing the Homeland Security Act

Answer to the last issue's question asking you to provide at least three proper Bluebook compliant citations. These are just a few possibilities:

  • 6 U.S.C.A. § 101 (West Supp. 2004).
  • 6 U.S.C.S. § 101 (Lexis Supp. 2004).
  • Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2140.

The recent enactment of the law determined consultation of the unofficial versions of the Code. An individual may cite with slight alterations such as the publisher name or including the name of the act, depending on how you interpret the Bluebook rule.

Posted 20 August 2004

Provide at least three proper United States Code citations for the Homeland Security Act.

[Hint] The Act was passed on November 25, 2002. Proper citation is based on Bluebook standards. The first person to submit the correct answer by August 27, 2004, wins a spiffy new Duke University Law Library travel mug! The answer will appear in the next issue.

Posted 29 July 2004

Earlier this month, DULL asked, "What are the 21 days between Flag Day and the Fourth of July called? Cite the law establishing the designation."

Answer: Honor America Days; established by P.L. 94-33, 89 Stat. 211, on June 13, 1975, and recodified without revisions by P.L. 105-225 on August 12, 1998. Consulting P.L. 94-33 relays that S.J. Res. 92 is the legislation that enacted the law.

Approach: Searching the United States Code is one appropriate approach to this question. The USCS index provides the most leads on the provision, with “National Holidays,” “Holidays,” and “Observances and Ceremonies” all referencing “National Patriotic Observances” in Title 36, sections 101 to 143. Honor America Days is found at section 112. Note that USC and USCA indexes provided fewer leads so, once again, consult more than one resource if you are stuck. Additionally, browsing the Code’s table of contents may have been helpful since the whole of Title 36 deals with Patriotic Societies and Observances.

Posted 2 July 2004

What are the 21 days between Flag Day and the Fourth of July called? Cite the law establishing the designation.

[Hint] The designation was adopted in 1998; the Code section is not the same as a citation to the act. The answer will appear in the next issue.

DULL Question of the Week

Posted 1 June 2006

Which of the following state courts could issue opinions that are binding on all other courts in their states?

A. Supreme Court
B. Court of Appeals
C. Supreme Judicial Court
D. Court of Criminal Appeals

Answer: Potentially, all of the above. The answer depends on the state. While many states' highest courts are called the "Supreme Court," the highest court in other states is called the "Court of Appeals" (MD, NY) or the "Supreme Judicial Court" (ME, MA). In addition, some states (OK, TX) have separate courts of last resort for civil and criminal cases. The names of intermediate appellate courts and trial courts can further muddy the waters. For example, the trial court in New York is called the Supreme Court.

What's the 1L lesson to be learned here? You can't always tell the effect of a case just by looking at the name of the court that issued it. To determine whether a particular case would be binding or only persuasive authority in a jurisdiction, it is essential to understand the structures of the various court systems.

Luckily, it's easy to find information about state and federal court structures. At the state level, the National Center for State Courts provides charts of each state's court structure. At the federal level, "Understanding the Federal Courts," a publication of the Administrative Office of the U.S. Courts, includes sections on the structure and jurisdiction of the federal courts, their relationship with the other branches of government, and a glossary.

Posted 20 March 2006

Match each famous person with her legal “first”:

1. Belva Ann Bennett Lockwood
2. Jeannette Pickering Rankin
3. Constance Baker Motley
4. Hattie Wyatt Caraway

A. First woman to be elected to the U.S. Senate in her own right
B. First African-American woman to serve as a federal judge
C. First woman to be elected to the U.S. House of Representatives
D. First woman to argue before the U.S. Supreme Court

1. D. 2. C. 3. B. 4. A. For more information on any of these women, check out their biographies in Biography Resource Center.

Posted 20 February 2006

Question: Enron, Adelphia, and WorldCom are only three of a slew of recent corporate accounting scandals. Which of the following companies' executives have also been accused of financial misdeeds?

A. Cendant Corp.
B. Tyco International
C. HealthSouth Corp.
D. Qwest Communications
E. All of the above

Answer: Sadly, E. See Tom Fowler, "Following the Rules," Houston Chronicle (Jan. 29, 2006) for a summary of each of these scandals. For a more detailed analysis, see Jerry W. Markham, A Financial History of Modern U.S. Corporate Scandals: From Enron to Reform HV 6769 .M37 2005.

Posted 6 December 2005

Which of the following activities are illegal?
A. In Maine, catching lobsters with your bare hands
B. In New Jersey, operating an establishment where the business of breaking eggs is carried on, without a license
C. In Massachusetts, manufacturing, selling, or knowingly using an exploding golf ball
D. In Wisconsin, making cheese without a license

Answer: All of the above. These activities are all prohibited by statutes still on the books (or by possible interpretations of the statutes) in the states listed. For the citations to these and other funny laws, see Lance S. Davidson, Ludicrous Laws & Mindless Misdemeanors: The Silliest Lawsuits and Unruliest Rulings of All Times. K 184 .L83 1998.

Posted 4 November 2005

Question: Which of the following is NOT one of the possible ratings given to Supreme Court nominees by the American Bar Association's Standing Committee on the Federal Judiciary?

A. Well Qualified
B. Qualified
C. Somewhat Qualified
D. Not Qualified

Answer: C. For more information about the ABA's federal judicial nominee evaluation process and current rating system, see this ABA backgrounder.

Posted 7 October 2005

Question: List the five Supreme Court Justices whose names are colors.

Answer: Hugo Black (1886-1971), Henry Billings Brown (1836-1913), Horace Gray (1828-1902), Byron R. White (1917-2002), and Edward Douglas White (1845-1921)

The late Chief Justice Rehnquist apparently enjoyed using this Supreme Court trivia question to test potential law clerks. John Paul Stevens, “Cheers!” A Tribute to Justice Byron R. White, 1994 B.Y.U. L. Rev. 209, 209.

Posted 15 August 2005

Question: Which Duke Law professor is seated next to U.S. Supreme Court nominee John G. Roberts on the front page of the July 21st New York Times?

Answer: Tom Metzloff.

Professor Metzloff and Judge Roberts worked together on Harvard Law Review (Roberts as managing editor; Metzloff as articles editor), both graduating magna cum laude in 1979. They each clerked for Circuit Court judges before crossing paths again in 1980 as U.S. Supreme Court clerks (Roberts to then-Justice Rehnquist, Metzloff to Justice White).

Metzloff on Roberts: "John was a good friend in Law School and while clerking and attended my wedding." Professor Metzloff adds that Judge Roberts has "a great dry wit, works real hard, and is very smart." For more insights on Roberts and possibly the revival of an obscure pastime, ask Professor Metzloff about "pen ball." Says Metzloff, "John and I were masters."

Posted 28 May 2005

The RIAA has threatened lawsuits against college students for using peer-to-peer networks for illegal file-sharing.

True or false: The threat has been realized here on the Duke campus.

Answer: True. Last month, The Chronicle reported that a junior here at Duke is "facing a $3 million lawsuit from the Recording Industry Association of America." The news story states that recording companies gather IP addresses from peer-to-peer networks, and in the process of filing a lawsuit the company finds out the name linked to that IP address. The complete article from the April 13 Chronicle is posted on the Legal Briefs board in the library entranceway.

Posted 20 April 2005

In what year was the term lawyer first used?

A. 1377
B. 1611
C. 1765
D. 1869

Answer: A. According to the Oxford English Dictionary, in 1377 a variant spelling of lawyer was used: "legistres and lawyeres Holdeth this for treuthe." 1611 marks the first use of today's spelling, in a version the book of Matthew from the New Testament: "The one of them, which was a Lawyer, asked him a question." 1765 marks Sir William Blackstone's usage, "A lawyer thus educated to the bar," in the famed Commentaries on the Laws of England. 1869 marks the first American woman, Belle Babb Mansfield, to be admitted to the bar of Illinois.

Posted 1 April 2005

Which of the following is not related to right to die decisions?

A. Health Care Proxy Statutes
B. Living Wills
C. Surrogate Decision-Making Laws
D. Publication 524 for the Elderly and Disabled
E. Power of Attorney

Answer: D. Publication 524 refers to a tax credit for the elderly and disabled. Health care proxy statutes enable an "agent" to make health care decisions, and include durable powers of attorney. Surrogate decision-making laws have been introduced in Arkansas and North Carolina to clarify their living will statutes. Living wills and powers of attorney are encompassed by Advance Health Care Directives, the topic of the Monday, April 4 information session offered by Professors Carolyn McAllaster and Allison Rice. (See Duke Law School Event Calendar)

Posted 23 December 2004

Which of these topics is least like the others?

A. Privacy and publicity
B. Libel and slander
C. Patents and licenses
D. Trademarks and domain names
E. Copyright and public domain

Answer: B. The relationship between the words was not so much the test in this question as the relationship to IP law. Patents, trademarks, and copyrights are each a fundamental part of this area. Licenses, domain names, and the public domain are a part of these subjects. Privacy and publicity rights are a part of tort law, as are other terms on this list, but also implicate questions of IP in the area of appropriation when you consider endorsements or commercial value of a name or likeness.

While there's some disagreement among the reference librarians as to how you view this question, I put the question to this final test: libel and slander are also the only terms on this list not included in Michael D. Scott's Licensing and Intellectual Property Law Desk Reference (Ref. KF2997.5 .S36 2002).

Posted 19 November 2004

People are too noisy in the reading room. How can you find relief?

A. Shush the offenders, that'll teach 'em!
B. Leave the library
C. Try the Level 3 alcoves
D. Venture to the other levels of the library
E. Give up on studying, use your cellphone to order a pizza, and have it delivered to the library

Answer: C or D. As exams get underway and stress levels increase, places for quiet study are at a premium. The library will be posting signs to remind everyone that all areas of the library, except the Reading Room, are intended for quiet study. This includes the alcoves at the back of Level 3. We ask your cooperation in being considerate of your peers.

Posted 24 October 2004

Which library department works on behind the scenes tasks such as purchasing and cataloging books?

A. Collection Services
B. Computing Services
C. Educational Technologies
D. Technical Services
E. Administration

Answer: D. Technical Services is often mistaken for providing computer assistance, but that is the job mainly of computing services. The law library relies on technical services to check in and catalog books, maintain labels and physical condition of the collection, and oversee purchasing of items. Collection

Posted 16 October 2004

DULL question of the week: Which of the following law library books does not address a foreign law topic?

A. Principles of Australian Public Law
B. The Danish Criminal Code
C. The Chapter VII Powers of the United Nations Security Council
D. The Indian Constitution
E. Japan Corporation Tax Law

Answer: C. The United Nations is an intergovernmental organization (IGO), part of the study of international law. The Chapter VII Powers of the United Nations Security Council is located in the international law collection, (KZ5038 .D4 2004). Principles of Australian Public Law (KU 1710 .C58 2003), The Danish Criminal Code (KJR 3794 .3193 .A52 1999), The Indian Constitution (KNS 1750 .A98 1999), and Japan Corporation Tax Law (KNX 3592 .A28 1997) all address the law of a specific nation. Note the varying call numbers (KZ is an international law call number). The foreign law books mentioned here are part of the International Week display located near the entrance of the library.

Posted 6 October 2004

Which resource does not include U.S. Supreme Court opinions?

A. U.S. Reports
B. Supreme Court Reporter
C. Lawyers' Edition
D. U.S. Law Week
E. U.S. Supreme Court web site

Answer: None of the above. Trick question! U.S. Reports is the official publication of Court opinions. Supreme Court Reporter and Lawyers' Edition are unofficial reporters of opinions published by West and LexisNexis, respectively. Each publisher adds editorial material such as key numbers, headnotes, research references, and Term summaries and highlights to add research value to the reporting of the opinions. The Supreme Court web site includes opinions in slip form until the U.S. Reports volume is available, then posts a PDF version (dates back to 1991). U.S. Law Week, by comparison, tracks legal developments around the country and also serves as one of the first places to track Supreme Court decisions in print, in the slip opinion form.

There are many additional resources for locating the text of Supreme Court opinions. The questions really are how authoritative is the resource, how quickly can you access the text, and what additional research assistance can the resource provide.

Posted 5 September 2004

What can DULL do to avoid being dull?

Sorry, this one is not a multiple-choice question, but fill in the blank! In an effort to increase interest and suggestions, please e-mail your comments to the editor, Joy Hanson.

Posted 20 August 2004

West does not publish Digests for several states. Which ones?

A. Virginia and West Virginia
B. Nevada and Utah
C. North Dakota and South Dakota
D. Delaware

Answer: B and D. The West Digest system is widely recognized and available for most jurisdictions, however, Delaware, Nevada, and Utah do not have individual publications. The Atlantic regional digest includes Delaware state court decisions; Nevada and Utah state court decisions are part of the Pacific regional digest. Also, there are two combined state digests: Virginia Digest (covering Virginia and West Virginia) and Dakota Digest (covering North Dakota and South Dakota).

Posted 29 July 2004

Which of the following are undergoing significant change in the library this summer?

  1. Law library staff
  2. DULL News
  3. Duke Libraries catalog
  4. All of the above

Answer: All of the above. Law library staff changes include names and faces. Melanie Dunshee transitioned from Head of Reference Services to Deputy Director earlier this month; her office can now be found in the administrative suite of the library. Janeen J. Denson, Head of Collection Services, became Janeen J. Gammage after her wedding last December, which change is now reflected around the library, including her new e-mail address. Donna Nixon joined the library as Head of Reference Services on July 19 [see Library News].

DULL News is changing this summer, with a new format and sections since Joy Hanson, the Reference Librarian who started in June, took over editing duties for DULL. Regular sections will feature a topic or aspect of research, a “get to know” section familiarizing patrons with the physical layout of the library, a research related web site, news from around the library, quick research tips, and research questions to test the effectiveness of these research tips. Look out for prizes or incentives for participants in the research stumper.

Lastly, the Duke Libraries catalog was launched on July 24 [see Headline].

Posted 2 July 2004

What is not a resource supplying the laws created by Congress?

  1. Statutes at Large
  2. United States Code
  3. Public Laws
  4. Slip Opinions

Answer: Slip Opinions. The Statutes at Large, United States Code, and Public Laws all reflect laws established by Congress. Bills are assigned Public law numbers after the President signs them, and then added to the Statutes at Large volumes, which also collect private laws and treaties. The act is then incorporated into the U.S. Code. Slip Opinions, on the other hand, are the first printing in individual pamphlets or slips, issued by the courts.