BYU Law Faculty Scholarship

A number of BYU Law faculty have posted new articles to SSRN in the last few months.  It’s been a busy spring, so I haven’t gotten around to writing about them yet.  Here’s a list of what’s new.

Jim Backman

Significant but Unheralded Growth of Large Externship Programs

Shima Baradaran

Funding Terror

Rebalancing the Fourth Amendment

Sarah Brinton

Three-Dimensional Sovereign Immunity

Toward Adequacy

Cliff Fleming

Designing a U.S. Exemption System for Foreign Income When the Treasury is Empty

Fred Gedicks

Dignity, History, and Religious-Group Rights

True Lies: Canossa as Myth

Brook Gotberg

Restructuring the Bankruptcy System: A Strategic Response to Stern v. Marshall

Alan Hurst

Hosanna-Tabor and the Exaggerated Decline of Separationism

Eric Jensen

Future War, Future Law

Guantanamo and the End of Hostilities

The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots

Shawn Nevers

Transactional Law Research

The Importance of Legal Research

Gordon Smith

Discretion

Michalyn Steele

Comparative Institutional Competency and Sovereignty in Indian Affairs

Lisa Grow Sun

Disaster Mythology and Availability Cascades

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Finding Treatises on Lexis Advance

As students head out to work this summer we see fewer and fewer around the library.  But, that doesn’t mean we’re not busy helping with research.  In fact, as students start getting research assignments from their firms or other employers we start getting a lot of phone calls, emails and chats asking for help.  We’re glad to help and we hope all students will Ask a Law Librarian if they need some research advice.

As we reported here, this summer is a bit different on the research front for students because Lexis has opened up Lexis Advance for use with any legal employer.  That means wherever students are at and whatever type of work they’re doing they can use Lexis Advance.  One of the biggest advantages of this is that students have access to many legal treatises that they might not otherwise have access to.  I’ve had a number of occasions already to direct students to legal treatises on Lexis Advance.  (If you’ve taken a class from me you know I’m a big fan of legal treatises.)

There’s one problem, however.  Most students don’t know how to get to a specific legal treatise on Lexis Advance and, unfortunately, Lexis hasn’t done a great job at making it very easy.  So, let’s run through how to get to a treatise (specifically one called “Administrative Law”).

Above the top right corner of the big red search bar you will find a link to “Browse Sources.”  This is the place in Lexis where you can find and then search individual sources.

Once you click on “Browse Sources” you will find a search box off to the left where you can “Search Sources.”

If you start typing the title of your treatise (here “Administrative Law”) you will begin to see a list of sources that you have access to on Lexis Advance.

Here we’ll select “Administrative Law” and we will then be taken to a results page that contains “Administrative Law” as well as other similar titles.

From here you can “View table of contents,” which is a very useful tool to see what types of things are covered by this source.  Unfortunately there isn’t an index, which would be much more helpful than a table of contents.  Clicking on the title gives us some additional options of what we can do with this title as seen below.

I’m not a big fan of this extra screen because when I click on the title I expect it to allow me to search.  It would be nice if that were the result and the “View all information” and “Save this source” could be icons next to the title, but maybe someday.  Clicking on “View all information” will give you an overview of what this source really is, which is helpful because the title “Administrative Law” could really be anything.   Most of the time what you want to do is click on “Add this source to the search.”  This will send your title up to the search box, like so:

Now when you search, you’ll just be searching the treatise “Administrative Law,” which is a useful way to research if you can get there.  Hopefully this post will help.

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FCC’s Indecency Policy

A few weeks back I saw a Deseret News article that caught my eye for a couple of reasons.  First, I’m a parent and the article reported on a request for comments by the FCC to relax its current broadcast television decency standards.  Second, I had just finished teaching a few classes on administrative law and here was an example of notice and comment in action.  This request for comments, in fact, had received nearly 75,000 comments at the time of the article.

The news article linked to the Public Notice issued by the FCC on April 1, 2013.  The news article, however, explains that this notice kicked off the 30 day comment period, which it says would end on April 30.  This, however, is incorrect.  The public notice states that the comment date runs until 30 days after publication in the Federal Register.  The notice was not published in the Federal Register until April 19, 2013, meaning that the comment period does not end until May 20, 2013.

Comments can be made at the FCC’s website, but I also wanted to point out one of my favorite government websites, regulations.gov, which is a bit spiffier than the FCC’s site (although their new site looks promising).  Regulations.gov is a great place to go if you’re looking for a notice or proposed rule on which you’d like to comment.  Comments can be made right from the website.  Some federal agencies do not participate in regulations.gov, but many do.  Once you’re at the site it’s easy to do a search for something like egregious cases, which will get you to the FCC notice discussed above.

Once you’re there you can read the notice and click the “comment now!” button to comment.

If you’re just looking for notices and proposed regulations that are open for comment, the Advanced Search will allow you to narrow your search to those that are “open for comment,” as well as let you specify what agency you’re interested in.  Regulations.gov is a great tool to allow you or your client to participate in the administrative process.

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Construction Update

As many of you know the University has begun a number of construction projects now that law school is out for the summer.  While we’re not as easily accessible as we usually are, the law library is open during the summer.  Our hours are 8am-6pm Monday-Saturday.  We are closed Sundays and holidays.  We have put up a construction update page, so you can keep track of what’s going.  This page has a map showing the only way to access the building.  If you have questions about accessing the building, please call the circulation desk (801-422-3593).

If you don’t want to brave the construction and have questions about research, our reference desk can be reached at (801)422-6658.  Students and faculty can also email and chat with a reference librarian.  You can also keep up to date with us on Facebook or Twitter.  We’ll try to keep you up to date with videos and pictures of what’s going on.  Here’s what happened today:

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The Importance of Legal Research

Finals are over.  The Write-on is done.  Now it’s time for summer jobs and externships to begin.  Summertime is often where students realize how important legal research is to the practice of law.  In that vein, I’ve recently written a short piece for the ABA’s Student Lawyer magazine called The Importance of Legal Research.  I hope it’s helpful.

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Historical State Statutes

HeinOnline is a great place to go for historical legal materials.  Hein has recently added to its impressive collection by making available State Statutes: A Historical Archive.  This library has superseded statutes for all 50 states, some going back to 1717.  Utah’s collection goes back to territorial times starting with 1855 and continues until 1951.  Many of these statutory sets contain an index, which can be a great help to researchers attempting to find a particular law.  Search functionality is also available.  This resource will be a great help to those doing historical state legislative research.

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Research Help This Summer

Jumping into a research project for a new employer can be nerve-wracking.  You want to do things right and get the summer off on a good foot.  Well, even though you’ll be gone, the library will still be here to help you.  There are a number of ways you can get in touch with a law librarian this summer and we’ll gladly give you some research help when you need it.

The reference desk will be open from 8am-6pm, M-F and 9am-5pm on Saturdays.  If you’re in the area drop on by, get some help, and use the many legal resources we have here.  If you’re not around feel free to give us a call at 801-422-6658.  We can also be reached through email and chat.  To access our Ask a Librarian email or chat service, just click on the Ask a Librarian link on our webpage.

This service is only available to current law students and faculty, so you’ll be asked to login with your MyBYU ID and password before you can proceed.  Once you’re in we can get you the research help you need.

Don’t forget to follow us on Twitter or Facebook to get the latest happenings and research tips while you’re gone this summer.

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Researching Foreign Law

Every year a number of our students head out to do externships in foreign countries.  This is a great opportunity to learn about a different legal system and to get the chance to live and work overseas.  One question I often get asked by those of you doing these types of externships is “How do I research the laws of Country X?”  There’s not a quick answer to that question, but the Law Library does have a few different resources that can be helpful in getting ready to research foreign law.

Foreign Law Guide – The Foreign Law Guide is a great place to start.  This online resource that the Library subscribes to (accessible from our A-Z list of resources) provides you with important background about a country’s legal system as well as the major publications that contain the country’s laws.  Being familiar with these publications can give you a leg up when you are given a research project, since knowing where to look is a critical part of finding the law.  Additionally, the Foreign Law Guide provides you with links to internet sources that contain a country’s laws as well as a summary of where to find laws on a particular topic.

Modern Legal Systems Cyclopedia – While it’s a bit out of date (last updated in 2005), this work found in HeinOnline has a good overview of the legal systems in the countries of the world.  It goes into a bit more depth on the legal system than the Foreign Law Guide, but it does not provide access to online sources.

Martindale-Hubbell International Law Digest – This useful resource is available on LexisNexis, but is not the easiest to find.  Lexis stopped updating it in 2010-11, but it is still a great place to go to get specific explanations on specific areas of the law in a foreign country.  For example, you can get summaries of Argentine law on partnerships, information technology, labor relations, and much more.  To find the International Law Digest, log on to Lexis.com (Lexis Advance does not have international materials yet), go to “Find a Source,” and search for “International Law Digest” (in quotes).

Once you’ve selected the database, running a natural language search for your country and the topic you’re interested in will give you the best results.

Sears Foreign and International Law Directory – One of our law librarians, Dennis Sears, has created an online directory of free legal resources available for foreign countries.  This is a good place to go when you need the laws of a specific country for free on the internet.

World Legal Information Institute – Another resource on the web that can be helpful in finding free legal materials for foreign countries is WorldLII.

Additional resources and information on foreign law research is available on our Foreign and International Law subject page.

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Summer Research Success

One week of finals down, a few more days to go.  Good luck to everyone studying hard!  Don’t forget that the Law Library has a number of great resources and services to help you finish strong.

When finals are finished you’ll all be heading off to put into practice what you’ve been learning here.  Legal research is definitely one of those things you’ll be doing this summer–likely something you’ll be doing quite a bit.  To help get you ready I thought I’d pass along a few things I’ve written just for students on legal research.  They’re quick reads, but hopefully they’ll jog your memory and put you in a legal research frame of mind.  Each of these was published in the ABA’s Student Lawyer magazine, which has a lot of great stuff for students.  I especially recommend Bryan Garner’s column on legal writing.

Observations for Summer Research Success

Legal Research: Becoming a Cost-Effective Researcher

Smart Researchers Save Time by Starting with Legal Treatises

Legal Research: Litigation Practice Materials

Don’t Underestimate the Importance of Statutes

Citators: The Power Tools of Legal Research

Legislative History: The Search for Legislative Intent

Legal Research: Transactional Law Research

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Westlaw Printers

As we announced earlier this school year, Westlaw will be removing its printers this summer.  We’re still figuring out an exact date, but it will be around June 30.  We wanted to give you a heads up now so that you can plan for the next few months while we still have the printers and so you won’t be surprised not to find them when you return in the fall.  Lexis printers will still be available.

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