Category Archives: Uncategorized

Goodbye to Westlaw Classic

Westlaw ClassicThe Brooklyn Law School Library has offered students and faculty free access to both Westlaw Classic and Westlaw Next. After the 2010 debut of Westlaw Next, most of our users adapted to the change. However the classic legal tool, Westlaw Classic, remained popular with some users at the BLS Library. 0n August 31, 2015, after more than 40 years of service to the U.S. legal market, Thomson Reuters will retire Westlaw Classic. Recent pop-up messages on Westlaw Classic state the expiration date as SeptWestlaw Mextember 10, 2015. Not surprisingly, there are complaints about the discontinuation of Westlaw Classic. Change is inevitable but there is help for those who need it with a free Westlaw Next patron access user guide.

The December 2014 issue of AALL Spectrum article, Saying Farewell to a Classic: Saying Farewell to a Classic by Deborah E. Shrager, Reference and Outreach Services Librarian, George Mason University School of Law Library, is worth reading. It provides a readable history of Westlaw and makes the observation that change in legal databases is a constant and that librarians “remain on the front lines of these transitions . . . We have infinite opportunities to step up and demonstrate our value. We may also feel a little bit nostalgic as our traditional resources slowly disappear.” Feel free to ask any questions about Westlaw Next access at the BLS Library Reference Desk by calling (718) 780-7567 or emailing refdesk@brooklaw.edu or chatting with us by clicking the link “Ask a Librarian! Click here to chat” on the library home page.

Independence Day Reading

Officially, the Continental Congress declared its freedom from Great Britain 239 years ago today on July 2, 1776, when it passed Lee’s Resolutions (“that these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved”). Traditionally and pursuant to 5 U.S.C. § 6103, Independence Day is observed on July 4, also known as “the Fourth of July” the date when Congress formally adopted the Declaration of Independence. If July 4 is a Saturday, as it is in 2015, the holiday is observed on Friday, July 3. If July 4 is a Sunday, it is observed on Monday, July 5.

In the enjoyment all of the Fourth of July sales, picnics, parades, fireworks, and ball games, it is easy to forget the real significance of the holiday. Reading the Brooklyn Law School Library ‘s copy of the 199 page e-book The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty, published by the Cato Institute and written by Thomas Sandefur, provides a good reminder of that meaning. The book is part of a recent wave of conservative/libertarian scholarship that asks questions regarding original intent, the purpose of the Constitution, and how best to defend liberty. It challenges the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. In fact, the word “democracy” does not occur in either the Constitution or the Declaration of Independence. Yet the overemphasis on democracy by today’s legal community – rather than the primacy of liberty, as expressed in the Declaration of Independence – has helped expand the scope of government power at the expense of individual rights. The author argues that now, more than ever, the Declaration of Independence should be the framework for interpreting our fundamental law.

Exam Time Success

STUDENTS_STUDYING_AT_CATHEDRAL_SENIOR_HIGH_SCHOOL_IN_NEW_ULM,_MINNESOTA._THE_TOWN_IS_A_COUNTY_SEAT_TRADING_CENTER_OF..._-_NARA_-_558209 - CopyThis time of year can be quite overwhelming. But it doesn’t have to be. There are many resources in the library to help you succeed. Listed below are some of the resources. If you have questions about them, please feel free to stop by or email (refdesk@brooklaw.edu) the reference desk.

 

Study Aids:

First Year Courses:

Site provides links to popular study aids for first year courses.

Upper Level Courses:

There are a few ways to identify study aids for upper level courses. One way is to search the SARA catalog for the subject matter of the exam and then use the filters on the left to limit the list to items located on Reserve.  Another way is to search for a particular series. For example, you could search SARA for West’s Nutshell Series, the Understanding Series, Sum and Substance, Concise Hornbook Series, or Examples and Explanations.

Legal Writing and Citation Tools:

Legal Writing & Analysis:

Site links you to resources to help with legal writing and analysis.

Legal Citation:

Site links you to legal citation resources

Other Tools for Success:

Exams on File:

Link provides access to past exams

 

Staying Current Using Legal Blogs and More – A Good Practice for Both Lawyers and Law Students

In order to adequately represent their clients, lawyers have an ethical obligation to “stay current.”  In short, this means lawyers should be aware of the current state of the law in both their specialty practice areas and also in the general practice of law.  Staying current also allows a lawyer to contact existing clients when the law changes – this type of contact often results in additional business.  Similarly, when competing for new business, a lawyer who is current in the potential client’s industry and regulatory environment is more likely to impress that client and to be awarded the new business.

Law students – it is never too early to begin the practice of staying current – ideally you should perfect this skill while still in law school.  Not only will you appear more knowledgeable on job interviews, you will also be better prepared to hit the ground running in your practice area when you land your first legal job.

There are a number of ways to stay current.  You can set up alerts in research databases such as Westlaw and Lexis.  You can also monitor legal news sources such as New York Law Journal and Law360 (both available on Lexis).  For the most recent “breaking news,” though, you should consider following at least a few legal blogs or “blawgs.”

Legal blogs are a great way to stay current and you can search for blogs in both your specialty area and on more general legal topics.  If you want to get started finding legal blogs in your area(s) of interest, try: http://blawgsearch.justia.com/http://www.lxbn.com/, or http://www.abajournal.com/blawgs/

.  Each of these websites is a legal blog aggregator – you can search for blogs by practice area, by keyword, by subject area, or by most popular posts.

Finally, take a look at ABA Hall of Fame.  This is ABA Journal’s picks of the best legal blogs in 2014.  You are sure to find a legal blog of interest on this list – the blogs are generally of very high quality and the subjects are wide-ranging – from legal humor, to foreign law, to the use of technology in a law practice.

 

7 Habits of Highly Effective New Lawyers

Right now, you are focused on being a highly effective law student so you can land a good job after you graduate.  Have you ever stopped to think, though, about what characteristics and qualities will help you to succeed after you accept your first legal position?  A recent Law360 article considers just this question and, after interviewing senior lawyers at a number of New York City law firms, offers the following list of 7 characteristics of highly effective newer lawyers:

1.  They Get and Stay Organized.  Effective associates ask assigning attorneys upfront about deadlines and create a running “to do” list showing tasks and due dates.  According to the article, this helps associates keep their focus when they might otherwise become distracted by more exciting, but less time sensitive, matters.

2.  They Respond Immediately.  Effective associates never wait to respond to a partner or a senior associate according to the attorneys interviewed for the article.  These associates make sure to acknowledge each task they are assigned (by a return phone call or email) even if they are unable to complete the task right away.  These associates also always provide realistic deadlines for when they will complete the work, so assigning attorneys can plan accordingly.

3.  They Research Even the Tiniest Details.  For the new litigating attorney, this may mean becoming familiar with the layout and AV capabilities of a courtroom prior to an appearance. Newer corporate lawyers may need to do online research about opposing counsel to help develop strategies that are likely to move the ball along in a marathon negotiating session.

4.  They Act Like They Already Have the Job They Want.  This one is simple, according the article; in order to act like you already have the job you want, try to step into the shoes of the attorney giving you the assignment.  Try to anticipate all of the things that need to be done to move a case or deal forward and formulate a plan to accomplish those objectives.  Also, if you can get a sense of your supervising attorney’s writing style, work habits, and billing practices, you can tailor your own work product to make it consistent with that style.

5.  They Anticipate.  According to the article, the best new associates are prepared to answer the questions a partner or client will raise even before they are asked.  In order to do this, associates must be thoroughly familiar with the facts and law of the issue they are working on. Also, advises the article, never tell a senior attorney about a problem without also offering possible solutions to solve that problem.

6.  They’re Always Looking for Connections.  Effective associates are continually on the lookout for new mentors, staff, and other associates that can help them succeed in their careers.  One way to cultivate this network and to achieve a higher profile at the firm, according to the interviewed attorneys, is to actually visit senior attorneys in their office with questions rather than sending an email or leaving a voicemail.  Just be sure to limit the duration of your visit; senior attorneys are happy to mentor junior associates but you must respect the great demands they have on their time.

7.  They Act as if They Work Alone.  Always act as if your work is going directly to a client or a judge and that there is nobody to catch your mistakes.  Even if a senior associate finds the mistakes in your work before it lands in the hands of a judge or client, you have damaged your reputation when you cannot be trusted to verify the accuracy of your own work product.

Want to read the whole article?  Find it at Law360 on Lexis Advance: 7 Habits Of Highly Effective Associates http://www.law360.com/legalindustry/articles/584143.

Legal Research Guides – a Great Way to Get Started on Legal Research

Did you know there are detailed legal research guides freely available on the Internet on virtually any legal topic you can imagine?  Most of these guides are written by subject specialist law school librarians, although they can also be written by practitioners or government experts.  Research guides are a great place to turn when you are first beginning your research as they give an overview of an area of the law and provide links to primary law, secondary sources, relevant government agencies, and more.

Interested?  Start with our own collection of legal research guides at: http://guides.brooklaw.edu/.  First year law students, make sure to take a look at the legal research guide that we drafted especially for you http://guides.brooklaw.edu/1l.

Also, check out http://www.loc.gov/law/help/how-find.php and http://www.loc.gov/law/help/guide.php, the Law Library of Congress detailed guides to the laws of the 50 states, the Federal government, and most of the countries in the world.

Looking for more ways to find high quality legal research guides?  If you have a particular topic in mind, try doing a Google search: “Legal Research Guide [insert your topic]” or “LibGuide [insert your topic].”   This type of search will nearly always turn up one or more law school library legal research guides on your topic of interest.  A great way to get started on your research!

National Popular Vote and the Electoral College

On April 15, New York Governor Andrew M. Cuomo signed the National Popular Vote bill, making New York, with its 29 electoral votes, the 10th state along with the District of Columbia to enact the interstate agreement. The bill (S.3149) seeks to elect the president by national popular vote and creates a compact between the states and the District of Columbia. Assemblyman Jeffrey Dinowitz (D-Bronx) helped the Assembly pass legislation he sponsored to permit New York to award its electoral votes to the presidential candidate who wins the national popular vote (A.4422-A). The bill had bipartisan support passing by a 102-33 vote in the New York State Assembly and a 57-4 vote in favor in the New York State Senate.

The total number of electoral votes of states that have adopted the National Popular Vote agreement is now 165 electoral votes, 61% of the 270 electoral votes needed to activate it. If passed, the plan would guarantee that the presidency would be won by the candidate who receives the most popular votes in all 50 states and D.C. Under the compact, as soon as states having a total of the 270 electoral votes join in, the National Popular Vote becomes effective, and all the member states will cast all their Electoral College votes in accordance with the national popular vote instead of the state’s popular vote. This procedure allows the president to be elected by a simple, nationwide majority vote, without having to change the Constitution.

Before New York’s adoption of the National Popular Vote law, 10 other jurisdictions adopted the measure: the District of Columbia (3 electoral votes); Hawaii (4 electoral votes); Illinois (20 electoral votes); Maryland (10 electoral votes); Massachusetts (11 electoral votes); New Jersey (14 electoral votes); Washington (12 electoral votes); Vermont (3 electoral votes); California (55 electoral votes); and Rhode Island (4 electoral votes). The bill has now passed in 33 legislative chambers in 22 states and has been introduced in all 50 states.

The National Popular Vote plan, even if adopted by enough states, faces legal challenges regarding its constitutionality.  A number of law review articles have addressed the issue. See, for example, Norman R. Williams, Why the National Popular Vote Compact is Unconstitutional, 2012 Brigham Young University Law Review 1523 (2012) and Michael Brody, Circumventing the Electoral College: Why the national Popular Vote Interstate Compact Survives Constitutional Scrutiny under the Compact Clause, 5 Legislation & Policy Brief 33 (2013).

Summertime: Reading & Searching for Pleasure & Review

Summer is a great time to catch up on your leisure reading  now that classes are over and papers are written.  The BLS Library has many titles that are great for reading for pleasure, as well as reading for classes.  Four good ways to identify books for leisure reading are:

  • Use the SARA catalog to identify titles by keyword or subject that might be of interest to you.
  • Access the library’s New Book List which comes out twice a month.
  • Check out the jackets for new books that are posted on the bulletin board in the library cellar.
  • If you do not locate a title in our collection that’s of interest to you, do a WorldCat search to identify titles at other libraries and then make  ILLiad interlibrary loan requests.

To access the SARA catalog, the New Book List, WorldCat and ILLiad, go here.

Summer is also a great time to brush up on your research skills, whether you’re doing research on your own or working as a faculty research assistant.   You can speak to a reference librarian about contacting our Bloomberg Law, Lexis or Westlaw academic account representatives if you would like to schedule a refresher training session.  If you want to know more about any other electronic databases that are available at BLS and when and how to use them, feel free to speak to a reference librarian.

Library hours from June 1 to July 28 are:  Monday – Thursday, 9am-12am, Friday & Saturday, 9am-10pm, Sunday, 10am-10pm and July 4th, 9am-5pm.

Library hours from July 29 to August 26 are:  Monday – Thursday, 9am – 10pm, Friday & Saturday, 9am – 6pm, Sunday, 10am – 6pm.

Enjoy your summer!