Category Archives: Research

Privacy and Data Security

securityThe Brooklyn Law School Library has long provided access to Bloomberg Law to the law school community. BLS users now have access to a new legal intelligence platform: the Privacy & Data Security through the Practice Centers tab where users can click on Intellectual Property. At the top left corner of the page is a purple banner that reads “Looking for Bloomberg Law: Privacy & Data Security >> Access Now.” There, users will find analysis and news in an increasingly critical area for legal professionals.

Announced late last month, this newest Bloomberg Law tool was launched to address the need many legal practitioners have to quickly educate themselves on privacy and data security trends shaping legal practice, compliance and business operations. Data security runs the gamut from maintaining the integrity of simple personal information such as names, social security numbers and other private information to more complex business issues like those last month in the European Court of Justices’ invalidation of the long standing U.S. “safe harbor” agreement in the case of Schrems v. Data Protection Commissioner. Privacy and data security laws can change overnight and the Privacy & Security Data Resource Center helps explain them.

In addition to aggregating news and information in this area of law, the platform features tools to help users develop perspective on the items most likely to impact specific industries or business units. For example, the platform’s “chart builder” allows practitioners to compare laws on breach notification, privacy and data security laws across regional jurisdictions. It also has “heat maps” that highlight areas of developing case law and legislation, and provide direction to applicable documentation for easy review.

Bloomberg Law: Privacy & Data Security has a collection of portfolios offering insight and guidance from leading privacy and data security authorities. Written by expert practitioners, titles include Cybersecurity and Privacy in Business Transactions: Managing Data Risk in Deals and Cross-Border Data Transfers. There are also treatises with expert practitioner insights and guidance to help make sound decisions and plan with confidence. Titles include Practical Guide to the Red Flag Rules: Identifying and Addressing Identity Theft Risks and Cyber Liability in the Age of the New Data Security Laws.

GoliathThe BLS Library has many titles in its collection on the subject of data security. One of the latest is Data and Goliath: The Hidden Battles to Collect Your Data and Control Your World by Bruce Schneier (Call # HM846 .S362 2015). The publisher of the 383 page NY Times bestseller says “Your cell phone provider tracks your location and knows who’s with you. Your online and in-store purchasing patterns are recorded, and reveal if you’re unemployed, sick, or pregnant. Your e-mails and texts expose your intimate and casual friends. Google knows what you’re thinking because it saves your private searches. Facebook can determine your sexual orientation without you ever mentioning it.

“The powers that surveil us do more than simply store this information. Corporations use surveillance to manipulate not only the news articles and advertisements we each see, but also the prices we’re offered. Governments use surveillance to discriminate, censor, chill free speech, and put people in danger worldwide. And both sides share this information with each other or, even worse, lose it to cybercriminals in huge data breaches.

“Much of this is voluntary: we cooperate with corporate surveillance because it promises us convenience, and we submit to government surveillance because it promises us protection. The result is a mass surveillance society of our own making. But have we given up more than we’ve gained? In Data and Goliath, security expert Bruce Schneier offers another path, one that values both security and privacy. He shows us exactly what we can do to reform our government surveillance programs and shake up surveillance-based business models, while also providing tips for you to protect your privacy every day. You’ll never look at your phone, your computer, your credit cards, or even your car in the same way again.”

Looking for a Reliable Source of Global Legal News? Try the Law Library of Congress Global Legal Monitor

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The Law Library of Congress produces many excellent legal research tools – including the Guide to Law Online.  The Guide to Law Online provides links for web-based sources of federal law http://www.loc.gov/law/help/guide/federal.php, state law http://www.loc.gov/law/help/guide/states.php, and for the laws of hundreds of foreign countries http://www.loc.gov/law/help/guide/nations.php.

Another great Law Library of Congress research tool is the Global Legal Monitor http://www.loc.gov/law/foreign-news/?loclr=bloglaw.  The Global Legal Monitor offers coverage of legal news and developments worldwide.  Global Legal Monitor is produced by a team of Law Library of Congress editors, it is updated frequently, and its content is drawn from news stories found in official national legal publications and reliable press sources. Browse news stories from the Global Legal Monitor homepage or search for older news stories by text, topic, jurisdiction, author, or date.

Reinventing the Library

libraryReinventing the Library, a NY Times Op-Ed by Argentine-born Canadian anthologist, translator, essayist, novelist and editor Alberto Manguel is worth reading for anyone interested in the future of libraries. Recognizing that the dismantling of libraries occurs in periods of economic crisis when cutting funds to culture seems so easy to some, the author envisions a future as more than a simple matter of economics. He states:

Libraries are resilient. Intent on surviving in an age where the intellectual act has lost almost all prestige, libraries have become largely social centers. Most libraries today are used less to borrow books than to seek protection from harsh weather and to find jobs online, and it is admirable that librarians have lent themselves to these very necessary services that don’t traditionally belong to their job description. A new definition of the role of librarians could be drafted by diversifying their mandate, but such restructuring must also ensure that the librarians’ primary purpose is not forgotten: to guide readers to their books.

Libraries have always been more than a place where readers come to read. The librarians of Alexandria no doubt collected things other than books: maps, art, instruments, and readers probably came there not only to consult books but also to attend public lectures, converse with one another, teach and learn. And yet the library remained principally a place where books, in all their various forms, were stored for consultation and preservation.

The Op-Ed article notes that libraries are forced to take on functions that society is too miserly  to fulfill, and meeting those obligations diminishes funds for buying new books and argues that in changing the role of libraries without preserving the centrality of the book, we risk losing something irretrievable. But libraries deal with more than Books. They also offer Information. A bibliocentric view of libraries stresses the importance of printed texts and ignores the expanding nature of library services. Such a view may contribute to library image problems. Increasingly, libraries offer information services not just printed books. Brooklyn Law School Library provides both. Recently, BLS Library hosted its Fourth Annual Library Databases Research Fair. This week and next, BLS Library Director Janet Sinder scheduled Bluebooking for Success workshops on using the Blue Book geared to first year students and others. Where possible, BLS Library purchases books in eBook format. This means users can access books online through home computers, library computers and mobile devices. It is not just printed books that “show us our responsibilities toward one another, help us question our values and undermine our prejudices, lend us courage and ingenuity to continue to live together, and give us illuminating words that might allow us to imagine better times.”

With libraries changing from print to digital repositories and information centers, consider two recent Second Circuit Court of Appeals decisions:  Authors Guild, Inc. v. Google and Authors Guild, Inc. v. HathiTrust, 755 F.3d 87 (2d Cir. 2014). Both decisions expand access to collections available in libraries, making material accessible in new ways to researchers and readers and providing access for print-disabled persons. Court opinions validating book scanning shows how libraries are changing. They must now deal in information that it is used and produced in diverse new ways. All libraries, both public and private, are adjusting. Libraries remain as important as ever to information literacy and the preservation and of culture and learning.

Research & Citation Review Workshops

In anticipation of the first year Research and Citation Quiz, the Library will offer two review workshops.

180px-The_Bluebook_18th_ed_CoverThe workshop on Bluebooking with Success will be offered twice; you may attend either session.  Please bring your Bluebook!

Tuesday, October 20, 2015, 4:00pm – 5:00pm, Room 601

Thursday, October 22, 2015, 5:00pm – 6:00pm, Room 503

 

ContentImage-6275-95126-shutterstock_108141146You may bring your research questions to this Question & Answer Workshop.  We will also go over some sample quiz questions.

Monday, October 26, 2015, 5:00pm – 6:00pm, 7th floor Moot Court Room

 

Looking forward to seeing you at these timely and helpful research & citation review sessions.

BLS Library Databases Research Fair: September 29, 2015

computer_&_booksThe Fourth Annual Library Databases Research Fair will be held on Tuesday, September 29, 2015.  The Fair will be held in the Student Lounge from 3:00pm to 6:00pm.  Representatives from the following legal research companies will be here to demonstrate their databases:

 

  • Bloomberg Law
  • Ebscto
  • Fastcase
  • Gale
  • Hein Online
  • Lexis
  • ProQuest
  • Westlaw
  • Wolters Kluwer

Come and learn how these databases will help you with your legal research.  There will be handouts, light refreshments, and a raffle drawing for prizes including gift cards and gift bags.

Save the date:  Tuesday, September 29th, 3:00pm – 6:00pm, Student Lounge.

 

20th Edition of the Bluebook

BluebookThe Brooklyn Law School Library is adding ten copies of the newly released 20th edition of The Bluebook: A Uniform System of Citation (Call #KF245 .B58) to the Reserve Collection at the Circulation Desk as well as a copy to the Reference Collection at the Reference Desk.

There are changes in content but now the numbering of the rules in the Bluepages (non-academic citation) parallels the numbering in the Whitepages (academic citation). Typeface rules were relaxed to permit use of large and small caps in court documents for stylistic purposes. Rule 14 includes more examples of citations for a wide variety of administrative materials. Rule 15 adds a citation format for e-books. Rule 18 was revised and is much clearer. It no longer distinguishes between direct and parallel citations to Internet sources, and no longer requires that the URL be preceded by “available at.”

The new edition of the Bluebook recognizes Perma.cc as a reliable tool for preserving internet sources.Rule 18.1 provides the Basic Citation Forms for Internet Sources table on page 178 and gives the following example for citing to archived sources:

Rule 18.1 Basic Citation Forms for Internet Sources table on page 178:

  • Rocio Gonzalez, Puerto Rico’s Status Debate Continues as Island Marks 61 Years as a Commonwealth, HUFFINGTON POST (July 25, 2013, 9:00 AM), http://www.huffingtonpost.com/2013/07/25/puerto-rico-status-debate_n_3651755.html [http://perma.cc/C6UP-96HN].

The Bluebook includes a new rule: 18.2.1(d), which states:

Archiving of Internet sources is encouraged, but only when a reliable archival tool is available. For citations to Internet sources, append the archive URL to the full citation in brackets.

  • Letter from Rose M. Oswald Poels, President/CEO, Wis. Bankers Ass’n, to Elizabeth M. Murphy, Sec’y, SEC (Sept. 17, 2013), http://www.sec.gov/comments/s7-03-13/s70313-178.pdf [http://perma.cc/B7Z7D9DJ].

US Copyright Office’s Fair Use Index

Fair Use IndexOn April 28, 2015, Register of Copyrights Maria A. Pallante announced the launch of the U.S. Copyright Office’s Fair Use Index, designed to provide the public with searchable summaries of major fair use decisions. The Index was undertaken in support of the 2013 Joint Strategic Plan on Intellectual Property Enforcement prepared by the U.S. Intellectual Property Enforcement Coordinator within the Executive Office of the President.

Copyright and Fair Use are challenging areas of law with so many nuances and changes that make it difficult to know whether the use of an image or video is allowed or not and under what circumstances something can be used. The legal doctrine of Fair use promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.

Hopefully the Fair Use Index will help make the issue a little bit clearer. Users can search cases that deal exclusively with Fair Use and quickly see whether Fair Use was found or not. Users can narrow a search by jurisdiction and, importantly, by format (text, audio, computer, etc.) The Index is searchable by court and subject matter and provides a helpful starting point for those wishing to better understand how the federal courts have applied the fair use doctrine to particular categories of works or types of use, for example, music, internet/digitization, or parody.

The Index has been added to Brooklyn Law Library’s catalog and is available at this link.

Summer Access (& Beyond) to Bloomberg Law, Lexis & Westlaw

0e2ba5_c6af0e49ed0e47a9a37a6829ff43672b.png_srz_173_140_85_22_0.50_1.20_0.00_png_srzThe three legal research databases, Bloomberg Law, Lexis Advance and WestlawNext, are available to Brooklyn Law School students this summer.  May 2015 graduates will also have access to these databases for six months after graduation.  See the details below:

 

Bloomberg Law:  Provides unlimited and unrestricted access over the summer.  Student accounts will remain active and available all summer.  Students may use Bloomberg Law without restrictions.  Graduating students have continued access for six months after graduation.

For questions, contact Erica Horton, Esq, Law School Relationship Manager, Bloomberg BNA, ehorton@bna.com, 1-800-542-1113, ext. 1884.

Lexis Advance:  Students will have continuing access all summer for academic, professional and non-profit research.  All legal and news content will be available and there is no limitation on the number of hours of use.  Graduating students will have extended access until December 31, 2015.

Lexis ASPIRE:  Students graduating in Spring 2015 working for a non-profit 501(c)(3) employer may apply for an ASPIRE ID which provides free access to Lexis Advance for as long as their non-profit work continues, until September 1, 2016.  ASPIRE provides free access to federal and state cases, codes, regulations, law reviews, Shepard’s, and Matthew Bender treatises to use in their non-profit employment.

  • Use the Graduate ID Form which will open ASPIRE details and extended access to Lexis Advance when you fill in your non-profit employment status.
  • Review the eligibility requirements, and if your non-profit employment qualifies, use the Graduate Program form to apply for an ASPIRE ID.  You will need to provide verifying documentation.

For questions, contact Mary Beth Drain, LexisNexis Account Executive, marybeth.drain@lexisnexis.com, 845-598-3203.

WestlawNext:  Students may extend their passwords for the following academic uses on WestlawNext:

  • Summer law school classes and study abroad programs
  • Law Review & Journal, including writing competitions
  • Research assistant
  • Moot Court
  • Unpaid internship/externship

To extend their passwords, students can select the “Need Westlaw this Summer” banner on the Westlaw homepage for continued access.  They can then complete the online summer extension form to request the summer extension.

Graduating students will need to complete an online password extension request on the Westlaw homepage for continued access.  Once they complete the online extension request, they will have continued access through November 30, 2015.

For questions, contact Stefanie Efrati, Academic Account Manager, Thomson Reuters, stefanie.efrati@thomsonreuters.com, 212-548-7432.

 

Legal Research Beyond Westlaw & Lexis

data baseWhile in law school, you may find the vast majority of the sources you need through the two main online legal platforms, Westlaw and Lexis. There is a reason why they are the leaders of the pack. They provide you with a comprehensive set of primary and secondary sources of law. But Westlaw and Lexis do not necessarily have every resource you may need. Listed below are three other key legal online platforms with a brief description of each platform’s unique content. Before you graduate, make sure to utilize and become familiar with these tools. If you have any questions about accessing or using them, please contact a reference librarian. (refdesk@brooklaw.edu)

Bloomberg BNA:

For legal news, Bloomberg BNA Law Reports are the industry standard. There are over 100 different law reports, which cover a range of topics including: securities, patent, trademark, copyright, white collar, health care, environmental law, labor and employment, etc. Besides BNA Law Reports, Bloomberg BNA provides access to Bloomberg News which monitors the latest legal, regulatory, and industry developments. One of my favorite features of Bloomberg BNA is the dockets database. Only Bloomberg BNA searches both the text of the docket sheets as well as the retrieved underlying court documents. The dockets database is a great way to monitor litigation of interest and to identify sample court documents.

CCH Intelliconnect:

CCH is a platform that focuses on highly regulated areas of law. The database contains related cases, statutes, agency regulations, agency decisions, agency handbooks and guidance documents, editorial commentary, and legal news. Areas of law covered include securities, banking, antitrust and trade, corporate governance, products liability, secured transactions, and tax. If you end up practicing in one of these areas, this is a key platform for research and keeping current on the law.

Heinonline:

Heinonine has cornered the market for legal history platforms. Compared with Lexis and Westlaw, whose coverage for many sources begins in the late 80s or early 90s, Heinonline contains volumes which often date back to the publications’ inception. For example, Heinonline contains every volume of the Congressional Record, the entire Federal Register and Code of Federal Regulations, volumes of the United States Reports that date back to 1754, as well as classic legal treatises from the 16th to 20th century. Unlike Westlaw and Lexis, Heinonline also carries the complete run of law review and law journals.

Bestlaw: Chrome Extension for WestlawNext

Earlier this week, BLAWg IN Bloom, the Indiana Law Library Blog, had an interesting post that could be of great help to Brooklyn Law School faculty and students who use WestlawNext. Titled Legal Research Tech Tool: Bestlaw, the post discusses how cost-effective research is one of the toughest skills to master. Law students have the luxury of using legal databases without any fiscal consequences. In the practice of law, when paying for subscriptions to legal research platforms (with clients are being billed for research time on these platforms), users need to think more carefully. Now a new tool called Bestlaw, developed to encourage cost-effective in subscription platforms, will change things.

BestlawJoe Mornin, a third year law student at UC Berkeley School of Law (Boalt Hall) and editor-in-chief of the Berkeley Technology Law Journal, built Bestlaw, that adds useful features to WestlawNext:

  • Perfect Bluebook citations with one click
  • Clean, readable view
  • Automatically-generated tables of contents
  • Quick links to jump to footnotes
  • One-click copying for citations, titles, and full text
  • Collapsing and expanding statutory sections
  • Finding documents on free sources like CourtListener, Cornell LII, Casetext, and Google Scholar
  • Preventing automatic sign offs
  • Sharing documents by email or on Facebook, Twitter, and Google+

WestlawNext users can download the Bestlaw browser add-on for Chrome (support for Firefox is coming soon too) and get help conducting research in WestlawNext more cost-effectively Morin is working on support for Lexis Advance that is coming soon). After installing Bestlaw, its tools appear for searches on WestlawNext. The add-on allows a view of documents in free sites like Casetext, Cornell LII, Court Listener, Findlaw, Google, Google Scholar, Ravel Law, or Wikipedia before viewing (and paying to view) them in WestlawNext. For secondary sources, like law review articles, users have the option under Display to show an automatically-generated Table of Contents for documents. While many law review articles come with these already, some do not, and many other secondary sources do not either, so this can be a handy tool for quick skimming to find the parts of the document that are most germane to the research task.