If ever you find yourself researching Native American Law, here are some excellent resources I have become aware of since moving to Wyoming:
Most of you are probably aware of the U.S. Department of Interior-Bureau of Indian Affairs. The most useful item I have found on the website is the interactive region finder. By clicking on the region you are researching, you will be taken to a page of links that will list the tribes served in that region, contact information for the regional agency as well as contact information for the individual agencies.
The National Indian Law Library (NILL) supports the Native American Rights Fund (NARF) and is open to the public. One of the important resources available on the website is an electronic version of A Practical Guide to the Indian Child Welfare Act which we printed and added to our collection. The website includes indexes to both State and Federal resources and they provide an Ask-a-Librarian service via email or phone. Their collection includes tribal constitutions, codes, ordinances, charters, bylaws and governmental agreements, Indian Law treatises, case law reporters, Federal legislative history relating to Indian Law and newsletters, newspapers and periodicals.
Washburn University has produced a research guide for Native American Law which provides among other things, access to caselaw, a tribal directory and the website addresses for many tribes. The portal is well maintained by the Law Library. It has been a useful resource for me.
Tuesday, November 10, 2009
Friday, November 6, 2009
IM Reference
Last week, I found myself in gorgeous Monterey for the Internet Librarian 2009 conference. It was my first Internet Librarian conference and I appreciated the many useful presentations.
On Tuesday morning, I attended a session about improving IM reference by making it multi-dimensional. The first two presenters were librarians from the University of California, Fullerton who went through a chat session using tools that vastly improved the IM reference session.
The tool I liked the most was Jing, which allows you to quickly record onscreen action and create a url for it. For example, you could record yourself searching the catalog and then instantly share that video over IM. This would abolish the need for long explanations such as “… look in the upper left hand corner of the screen and click on the blue “my libraries link, then scroll down……….etc., etc., etc.” Very handy!
I haven’t yet had the chance to try out Jing. It might be a while since I don’t seem to get too many reference questions over IM. In fact, one of the anecdotal bits of information I gathered from the conference was that IM reference is in decline (whereas text reference is starting to gain popularity). One way to attract patrons to your IM reference is to strategically place chat widgets in your library’s website and catalog. This works for institutions that are open to the public, but for institutions (especially law libraries) that limit access to students and bar members, I'm not sure if that would work well.
More about the virtual reference session at the conference can be found on the Law Library Technology blog.
More on text reference can be found in this article from Library Journal.
And finally, something funny.
On Tuesday morning, I attended a session about improving IM reference by making it multi-dimensional. The first two presenters were librarians from the University of California, Fullerton who went through a chat session using tools that vastly improved the IM reference session.
The tool I liked the most was Jing, which allows you to quickly record onscreen action and create a url for it. For example, you could record yourself searching the catalog and then instantly share that video over IM. This would abolish the need for long explanations such as “… look in the upper left hand corner of the screen and click on the blue “my libraries link, then scroll down……….etc., etc., etc.” Very handy!
I haven’t yet had the chance to try out Jing. It might be a while since I don’t seem to get too many reference questions over IM. In fact, one of the anecdotal bits of information I gathered from the conference was that IM reference is in decline (whereas text reference is starting to gain popularity). One way to attract patrons to your IM reference is to strategically place chat widgets in your library’s website and catalog. This works for institutions that are open to the public, but for institutions (especially law libraries) that limit access to students and bar members, I'm not sure if that would work well.
More about the virtual reference session at the conference can be found on the Law Library Technology blog.
More on text reference can be found in this article from Library Journal.
And finally, something funny.
Thursday, October 29, 2009
Legal Research Project: Client Compliance Documents, Sookie Stackhouse Style
I try to give students in my specialized legal research class in administrative law a practical final project that integrates the research strategies and resources we've discussed throughout the course. Last year, I gave them a regulation that was open for comment and asked them to document the research they conducted to become familiar with the subject matter of the regulation and then draft a comment to the proposed regulation (they didn't have to submit to the agency).
The problem with relying on an assignment like this is that you are at the mercy of agencies having a regulation open for comment when you need it that is both interesting enough to sustain a research problem and a student's (and the professor's) attention span. This was the problem I ran into this semester.
After lamenting to a coworker about the dearth of "fun" regulations, she suggested I make the students prepare a client-centered document. Because one of the goals of an administrative lawyer is to counsel clients on how to comply with regulations, it seemed like a good idea to ask students to prepare a personalized guidance document for a piece of recently enacted legislation. I gave them a fact pattern, very loosely based on the HBO series "True Blood,"which implicates the genetic non-discrimination in employment law passed last year.
They were asked to research the law and pertinent secondary practice materials and draft a layman's explanation of the law (which means I should not see sentences like "According to an article in the Harvard Law Review, employers are in violation of 42 USC 2000e-2(a) when..."). They are also expected to produce an annotated bibliography of the resources they relied on to draft this document (10 minimum).
I don't care as much about the document as I do about the research they conducted to produce the document. There are some forbidden employer practices discussed in the facts drawn directly from the law's legislative history. There is relatively old EEOC guidance that discusses genetic information and the proposed regulations to the new law (with comments) are available for examination as well. There is even an executive order.
The assignment is due on Friday. That's when I find out whether I've drafted a brilliant research assignment or something much...bloodier. Stay tuned.
The problem with relying on an assignment like this is that you are at the mercy of agencies having a regulation open for comment when you need it that is both interesting enough to sustain a research problem and a student's (and the professor's) attention span. This was the problem I ran into this semester.
After lamenting to a coworker about the dearth of "fun" regulations, she suggested I make the students prepare a client-centered document. Because one of the goals of an administrative lawyer is to counsel clients on how to comply with regulations, it seemed like a good idea to ask students to prepare a personalized guidance document for a piece of recently enacted legislation. I gave them a fact pattern, very loosely based on the HBO series "True Blood,"which implicates the genetic non-discrimination in employment law passed last year.
They were asked to research the law and pertinent secondary practice materials and draft a layman's explanation of the law (which means I should not see sentences like "According to an article in the Harvard Law Review, employers are in violation of 42 USC 2000e-2(a) when..."). They are also expected to produce an annotated bibliography of the resources they relied on to draft this document (10 minimum).
I don't care as much about the document as I do about the research they conducted to produce the document. There are some forbidden employer practices discussed in the facts drawn directly from the law's legislative history. There is relatively old EEOC guidance that discusses genetic information and the proposed regulations to the new law (with comments) are available for examination as well. There is even an executive order.
The assignment is due on Friday. That's when I find out whether I've drafted a brilliant research assignment or something much...bloodier. Stay tuned.
Wednesday, October 21, 2009
...And a Tech Services Librarian Shall Show Them The Way: Instruction Inside the Case and Outside the Box
Building off information gathered from a RIPS sponsored program at the 2009 Annual Meeting, Sallie Smith, cataloging/systems librarian at the University of Pittsburgh Barco Law Library, put together this terrific illustration of non-traditional instruction. Below are pictures of her library display, along with her descriptions of two individual sections.
Robb Farmer
"Ownership Rights – shows the Captain Marvel and Superman copyright battle in National Comics Publications v. Fawcett Publications (191 F.2d 594), and Judge Posner’s description of Spawn in Gaiman v. McFarlane (360 F.3d 644)."
"The Court System – displays the Justice Case Files graphic novel series from The National Center for State Courts, demonstrating that comics are gaining credibility in education as people turn a more critical eye the messages they convey."
Robb Farmer
Using Comics and Graphic Literature to Illustrate Legal Concepts
"Ownership Rights – shows the Captain Marvel and Superman copyright battle in National Comics Publications v. Fawcett Publications (191 F.2d 594), and Judge Posner’s description of Spawn in Gaiman v. McFarlane (360 F.3d 644)."
Friday, October 16, 2009
Political Commentary
Even when my middle child was fairly young, she was interested in politics. She liked to read political cartoons and though sometimes it took some conversation with an adult, eventually she would get the message.
Herbert Block (Herblock) was a political cartoonist for 72 years. I recently noticed that his collection had been made available electronically on the Library of Congress website. It has been divided into "Exhibition Sections" which groups similar cartoons together with commentary. Items skewering Richard Nixon and his policies were found under "I Am Not a Crook". Animal Farm includes many cartoons with references about the right to vote, the separation of church and state and racial desegregation. You can search the entire collection as well. I've always been surprised by how much detail could be in a single cartoon - fascinating stuff!
Today my daughter lives in DC and writes for the Governor of Maryland. Perhaps the early exposure helped to lay the groundwork for where she is today.
Herbert Block (Herblock) was a political cartoonist for 72 years. I recently noticed that his collection had been made available electronically on the Library of Congress website. It has been divided into "Exhibition Sections" which groups similar cartoons together with commentary. Items skewering Richard Nixon and his policies were found under "I Am Not a Crook". Animal Farm includes many cartoons with references about the right to vote, the separation of church and state and racial desegregation. You can search the entire collection as well. I've always been surprised by how much detail could be in a single cartoon - fascinating stuff!
Today my daughter lives in DC and writes for the Governor of Maryland. Perhaps the early exposure helped to lay the groundwork for where she is today.
Friday, October 9, 2009
Environmental Data
This semester, I've been doing some work with environmental law research and in so doing I've gained some familiarity with the EPA website. Each time I visit the website, I am struck by the massive amount of data it provides – especially when it comes to enforcement and compliance information. It would take several pages to write a comprehensive overview of all of the databases provided by the EPA, but I thought I would highlight two of my favorites.
Envirofacts is a site that provides access into several EPA databases, including the Toxics Release Inventory (TRI) database , the Radiation Information Database, the Permit Compliance System, and many many more. Using Envirofacts, you can select a location and find out what types of environmental issues might be affecting the area. For example, I typed in my zip code and found that there are 102 facilities in my county that have reported toxic releases, 4,639 facilities that have reported hazardous waste activities and 5 potential hazardous waste sites that are part of Superfund. Wow! If I had the time and inclination, I could get information about each of the facilities, including maps and contact information. Envirofacts can also generate maps with graphical representations of environmental information for any location in the United States.
While Envirofacts is a great place to learn about locations, ECHO (Enforcement and Compliance History Online) is a great place to learn about companies and their facilities. Using ECHO, you can see whether an EPA regulated facility has had compliance inspections, whether they had violations and whether there were any enforcement actions against them. For example, I typed in Glaxo Smith Kline and found 6 facilities. Each facility had a report listing facility characteristics, permit information, compliance data, and information about violations and enforcement actions. It also listed the related statutes and links to administrative decisions on any enforcement.
ECHO is definitely a great place to find company compliance information. Of course, as with most data, it is always good to double-check its accuracy. I found this 2003 article in an ABA newsletter, shortly after ECHO's launch, stating that several facility listings contained inaccurate information. However, I was unable to find more recent critiques, so it seems likely that these inaccuracies have since been corrected.
Envirofacts is a site that provides access into several EPA databases, including the Toxics Release Inventory (TRI) database , the Radiation Information Database, the Permit Compliance System, and many many more. Using Envirofacts, you can select a location and find out what types of environmental issues might be affecting the area. For example, I typed in my zip code and found that there are 102 facilities in my county that have reported toxic releases, 4,639 facilities that have reported hazardous waste activities and 5 potential hazardous waste sites that are part of Superfund. Wow! If I had the time and inclination, I could get information about each of the facilities, including maps and contact information. Envirofacts can also generate maps with graphical representations of environmental information for any location in the United States.
While Envirofacts is a great place to learn about locations, ECHO (Enforcement and Compliance History Online) is a great place to learn about companies and their facilities. Using ECHO, you can see whether an EPA regulated facility has had compliance inspections, whether they had violations and whether there were any enforcement actions against them. For example, I typed in Glaxo Smith Kline and found 6 facilities. Each facility had a report listing facility characteristics, permit information, compliance data, and information about violations and enforcement actions. It also listed the related statutes and links to administrative decisions on any enforcement.
ECHO is definitely a great place to find company compliance information. Of course, as with most data, it is always good to double-check its accuracy. I found this 2003 article in an ABA newsletter, shortly after ECHO's launch, stating that several facility listings contained inaccurate information. However, I was unable to find more recent critiques, so it seems likely that these inaccuracies have since been corrected.
Wednesday, September 30, 2009
Researching Administrative Decisions
Today in my specialized legal research class we will talk about locating administrative decisions. This gives me a chance to spotlight one of my favorite web sites.
The University of Virginia's government documents department has developed a web site that provides access to agency documents (including decisions) available on the Internet. This includes agency guidance documents, interpretation letters, as well as links to agencies' e-FOIA reading rooms.
Organized by agency and subject, this site provides a wealth of information in a cost-effective manner. The subject search is particularly helpful when you are
not aware of which agency might possibly regulate in the area you're researching. Although you may run across a broken link or two, the site still gives you enough context to locate that same information on your own (through backtracking the URL).
A disclaimer from the site:
Last year when I asked my students to locate administrative decisions on an assignment, I thought I was clever by picking decisions that I thought could only be found on Westlaw and/or LexisNexis. To my delight, every single student chose the Virginia site to answer the questions and found every decision for which I was looking. Very nice indeed (and cost-effective)!
The University of Virginia's government documents department has developed a web site that provides access to agency documents (including decisions) available on the Internet. This includes agency guidance documents, interpretation letters, as well as links to agencies' e-FOIA reading rooms.
Organized by agency and subject, this site provides a wealth of information in a cost-effective manner. The subject search is particularly helpful when you are
not aware of which agency might possibly regulate in the area you're researching. Although you may run across a broken link or two, the site still gives you enough context to locate that same information on your own (through backtracking the URL).
A disclaimer from the site:
This page is not an attempt to link to the Federal Register or the Code of Federal Regulations information for each federal agency. It links to other administrative actions which are outside the scope of the CFR or the FR. What is available via the Internet varies from agency to agency.
Last year when I asked my students to locate administrative decisions on an assignment, I thought I was clever by picking decisions that I thought could only be found on Westlaw and/or LexisNexis. To my delight, every single student chose the Virginia site to answer the questions and found every decision for which I was looking. Very nice indeed (and cost-effective)!
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