Two Recent HeinOnline Additions

HeinOnline recently added additional documents to its already wide-ranging American Indian Law database, as well as released a new collection entitled Women and the Law.

1. American Indian Law CollectionImage 1

The additional 30,000 pages added to the American Indian Law Collection largely pertain to tribal codes including:

  1. Indian Tribal Codes: 1981 edition, which contains 69 tribal codes and analysis; and
  2. Indian Tribal Codes: 1981 edition that contains 56 additional codes and constitutions. The publisher notes that, “[t]his edition updates, but does not replace the 1981 edition.”

The publisher notes, “[T]he two editions offer insight into the historical development of Indian tribal codes over time.”

With these two recent additions, the American Indian Law collection now contains over 1,800 titles and 1.8 million pages of related material.

2.  Women and the Law (Peggy) CollectionImage 2

This new collection unites books, bibliographies, periodicals, and other materials related to women and the law in one place. According to the publisher, “[n]otable works included in this library are History of Woman Suffrage (1881-1922), the complete Feminism and Legal Theory Project, and the Documentary History of the Legal Aspects of Abortion series.”

The collection benefits from nearly 500,000 pages of contemporary and historical works related to women’s role in society and the law.

To access either of these collections, navigate to the Law Library homepage and select Hein Online as illustrated below.

Image 3

 

 

 

 

Artificial Intelligence in Legal Research

The recent literature and numerous social media posts have noted that artificial intelligence (AI) is fast becoming part of the legal practice landscape, including legal research. Let’s briefly summarize a few of these products that focus on legal research.

  1. CARA or Case Analysis Research Assistant is a tool developed by Casetext that can automatically review a document and look for cases or statutes that are relevant to the cited authority. By analyzing the document, CARA generates a list of additional authority that may be relevant to the cited references in the document.

 

  1. Judicata is a relatively new legal research search engine claiming to provide results that are precise, relevant, and simple. Judicata asserts it can do so because it has mapped the “legal genome” and developed a set of filters that allow search results to be narrowed to their core components. However, for now, Judicata only includes California law but eventually hopes to add all jurisdictions.

 

  1. ROSS uses IBM’s Watson, an artificial intelligence system capable of natural-language processing to filter through legal documents. Accordingly, “[i]nstead of searching for documents by keywords, one can ask questions in plain English . . .” The legal research robot is accessible via computer and billed as a subscription service. However, organizations providing legal assistance are given free access to the tool.

 

  1. KNOMOS is described by its CEO as leveraging “data visualization and machine learning to augment user experience and develop a connected knowledge network for legal information . . .” Users get an “instant overview of how multiple legal sources relate to one another, with enhanced discoverability of key results based on contextual data from other users . . .”

 

  1. Loom Analytics, a Canadian based system that “is data-driven legal research assistant that finds, classifies, and sorts case law . . .” Using a combination of legal analysis and machine learning, the system produces “hard numbers” on case law such as win/loss rates, judge ruling histories, litigation trends over time, and other like metrics.

 

  1. blueJ Legal uses IBM’s Watson computer to run it flagship product, Tax Foresight. According to its website, Tax Foresight collects and analyses the facts and findings of Canadian court cases to predict what a court would hold under different circumstances. The site claims that “[t]he information that Tax Foresight collects is sufficient for the system to reach the correct prediction in greater than 90% of the cases in out-of-sample testing.”

These are a few examples where AI has crept into the legal research process. The infusion of AI into many of today’s legal tasks will only increase over time.  But will it be enough to eliminate the research librarian or attorney? I think not. The unpredictability and random thought processes of humans are unparalleled and cannot be readily duplicated or replaced. There are simply an infinite number of variables, unknowns, and unpredictable scenarios that cannot be anticipated with mere algorithms.

A 4-Step Legal Research Strategy

Instead of getting bogged down trying to remember the nuts-and-bolts of each database, it is more important to strategize with a research process that works in any database.

To that end, the TTU School of Law Librarians instruct on legal research using a version of the Rombauer Method of legal research.

  • Preliminary Analysis – developing search strings and searching secondary sources for an overview of the topic
  • Codified Law – searching constitutions, codes, court rules, and regulations
  • Binding Precedent – searching case law that the court must follow from a particular jurisdiction
  • Persuasive Precedent – searching case law that the court may follow from other jurisdictions

The beauty of this research process is that it can be geared toward any database. As long as the user can maneuver the database to find relevant secondary sources, he or she will be able to fulfill the first step of the research process and so on.

If students use this research process to keep their research strategic and organized, they should feel comfortable using any database. And it is important for students to feel comfortable while researching because they will generally only research in a way that is comfortable to them.

This was observed by Alison Head and Michael Eisenberg among undergraduate students at the University of Washington. The students showed little variation in their research strategies and defaulted to resources like Google and Wikipedia for introductory research, with little regard for efficiency or effectiveness. As Head and Eisenberg observed, the students may be aware of the range of resources needed to carry out their research effectively, but they fall back on strategies as similar and repetitive as possible.

Instead of focusing on the various platforms, the students should become familiar with a process that works in any database.

Updated Law Library Catalog

The Texas Tech Law Library has redesigned the library catalog look and feel, to provide better service for our patrons.  There are many features that are intended to assist you while you are conducting your research.  The Law Library faculty and staff will be happy to assist you with any questions you may have.

When you visit the Law Library homepage you will see the search box immediately at the center top of the page.  Performing a search from this screen will provide you with search results that are located here at the Law School.

You can also go directly to the library catalog by visiting this link:   https://ttu-primo.hosted.exlibrisgroup.com/primo-explore/search?vid=Law_View&lang=en_US&sortby=rank

Updated Catalog 2

If you wish to search the holdings of other campus collections, click the dropdown menu at the end of the search box.  You will see a list of all of the different campus libraries/collections that you can choose from.

Updated Catalog 3

You are also able to see/manage your library checkouts, fines, etc. from either the Guest link in the upper right part of the screen or the Sign In link that is right below the Search box.    Updated Catalog 4

Click on either the Sign In or Guest link and you will be taken to a screen where you will select the TTU Students, Faculty and Staff (eRaider) option.

Updated Catalog 5

Once you have successfully entered your eRaider login information you will see your personal information in the upper right portion of the library catalog screen.

Updated Catalog 6

By clicking your eraider link you will then be able to select the My Library Card option to see everything that you have checked out from any library on campus, not just the Law Library.  You will also be able to see Requests (ILL/Document Delivery), Fines & Fees, etc.

Updated Catalog 7

In the updated interface, there are links to various items that you might find useful.  There is a link back to the Law Library homepage and a button that will allow you to restart your search from the beginning.  You are also able to access the electronic resources for the University Library as well as the Law Library, using the Databases A-Z and Law Databases links.  Finally, there is a Browse button that allows users that might not really know what they are looking for, to Browse.

Updated Catalog 8

When you have your search results, but there are too many items to looks through, don’t forget the facets on the left hand side that can assist you with narrowing the results to a more manageable number.

Updated Catalog 9

There are some handy tips about using your search results effectively.  When you are searching just the Law Library holdings ALL of your search results will be items physically located here at the Law School or maybe something we provide access to electronically.

Updated Catalog 10

While you are searching in the library catalog, please remember that you can also use the ILL service if you come across something that isn’t currently available.  Click on the Checked Out notice and choose the Get It/Request It option on the next screen.

Updated Catalog 11

You will be automatically taken to the ILL website so that you can fill out the ILL form.  The most important thing to remember is that you have to be logged in with your eraider in order for this to work correctly.

Updated Catalog 12

There are more features that you might find useful and we would be happy to show and explain them.  If you have any questions about the new catalog please contact Sue Kelleher at 806-834-2615 ( sue.kelleher@ttu.edu ) or contact any librarian for assistance.

June 2017 Law Faculty Publications & News

Throughout June 2017, the Law Library received alerts for full-time TTU Law Faculty publications and news. Below is the compilation of daily alerts for June 1 to June 30, 2017.

Published:

Victoria Sutton, Bioengineering and biocrime in The Routledge Handbook of Technology, Crime and Justice, at 228 (Taylor & Francis, 2016).

Articles:
1. Robert T. Sherwin, Evidence? We Don’t Need No Stinkin’ Evidence!: How Ambiguity in Some States’ Anti-SLAPP Laws Threatens to De-Fang A Popular and Powerful Weapon Against Frivolous Litigation, 40 COLUM. J.L. & ARTS 431 (2017).

2. Catherine Martin Christopher, et. al., Will I Pass the Bar Exam?: Predicting Student Success Using LSAT Scores and Law School Performance, 45 HOFSTRA L. REV. 753 (2017).

3. Wendy-Adele Humphrey, Two-Stepping Around A Minor’s Constitutional Right to Abortion, 38 CARDOZO L. REV. 1769 (2017).

Cited:
1. Prof. Chiappinelli’s textbook CASES AND MATERIALS ON BUSINESS ENTITIES was cited in the following article: Harwell Wells, The Life (and Death?) of Corporate Waste, 74 WASH. & LEE L. REV. 1239 (2017).

2. Prof. Soonpaa’s article Stress in Law Students: A Comparative Study of First-Year, Second-Year, and Third-Year Students was cited in the following article: Raymond H. Brescia, Law and Social Innovation: Lawyering in the Conceptual Age, 80 ALB. L. REV. 235 (2017).

3. Prof. A. Pearl’s article The Tragedy of the Vital Commons was cited in the following article: Samantha Hepburn, Public Resource Ownership and Community Engagement in a Modern Energy Landscape, 34 PACE ENVTL. L. REV. 379 (2017).

4. Prof. Watts’ article Tyranny by Proxy: State Action and the Private Use of Deadly Force was cited in the following article: Darrell A. H. Miller, Self-Defense, Defense of Others, and the State, 80 LAW & CONTEMP. PROBS. 85 (2017).

5. Prof. Casto’s academic works were cited in the following article: Kevin Arlyck, The Courts and Foreign Affairs at the Founding, 2017 B.Y.U. L. REV. 1 (2017).

6. Prof. Casto’s essay Attorney General Robert Jackson’s Brief Encounter with the Notion of Preclusive Presidential Power was cited in the following article Chase Harrington, Zivotofsky II and National Security Decisionmaking at the Lowest bb, 66 DUKE L.J. 1599 (2017).

7. Prof. Casto’s article The Tort Liability of Insane Persons for Negligence: A Critique was cited in multiple sections of the following treatise: RESTATEMENT (THIRD) OF TORTS (2017 Update).

8. Prof. Beyer’s Statutory Fill-In-the-Blank Will Forms, PROB. & PROP., Nov.-Dec. 1996, Statutory Fill-in Will Forms—the First Decade: Theoretical Constructs and Empirical Findings, 72 OR. L. REV. 769 (1993), Statutory Will Methodologies—Incorporated Forms vs. Fill-In Forms: Rivalry or Peaceful Coexistence?, 94 DICK. L. REV. 23 (1990) were all cited in RESTATEMENT (THIRD) OF PROPERTY (WILLS & DON. TRANS.) § 3.1 TD No 2 (2017 Update).

9. Prof. Velte’s article Egging on Lesbian Maternity: The Legal Implications of Tri-Gametic In Vitro Fertilization was cited in the following treatise: PRINCIPLES OF THE LAW OF FAMILY DISSOLUTION § 2.03 (2017 Update).

10. Prof. Benham’s article Dirty Secrets: The First Amendment in Protective-Order Litigation was cited in the following article Hon. Craig Smith & Tom Melsheimer, Open Courts the Role of Rule 76a in Our Civil Justice System, 80 TEX. B.J. 355 (2017).

11. Prof. Camp’s article, ‘Loving’ Return Preparer Regulation, was cited in the following article: James Alm, Jay A. Soled, W(h)ither the Tax Gap?, 92 WASH. L. REV. 521 (2017).

12. Prof. Casto’s article The New Federal Common Law of Tort Remedies for Violations of International Law was cited in the following article: Gwynne L. Skinner, Expanding General Personal Jurisdiction over Transnational Corporations for Federal Causes of Action, 121 PENN ST. L. REV. 617 (2017).

13. Prof. Krahmer’s work is extensively cited in 2 ILL. PRAC., UCC FORMS ANNOTATED (2017 Update).

14. Prof. Murphy’s article Can They Do That? The Due Process and Article III Problems of Proposed Findings of Criminal Contempt in Bankruptcy Courts was cited in § 2:23 Equitable jurisdiction—Contempt powers, 1 Bankruptcy Law Manual § 2:23 (5th ed.).

15. Prof. Murphy’s work in § 12:22 Exceptions to the exhaustion requirement, 4 ADMIN. L. & PRAC. § 12:22 (3d ed.) was cited in ¶ 205,195 THERSIA J. KNAPIK, PLAINTIFF, V. MARY HITCHCOCK MEMORIAL HOSPITAL, DEFENDANT., LABOR & EMPL. L. P 205195.

16. Prof. Beyer’s article Pet Animals: What Happens When Their Humans Die? was cited in Trusts for the care of animals or inanimate objects, The Law Of Trusts And Trustees § 165 (2017 Update).

17. Prof. Beyer’s article Estate Planning for Digital Assets was cited in What may be the trust res?, THE LAW OF TRUSTS AND TRUSTEES § 112 (2017 Update) and The necessity for a trust subject matter, THE LAW OF TRUSTS AND TRUSTEES § 111 (2017 Update).

18. Prof. Loewy’s article The Cowboy and the Cop: The Saga of Dudley Hiibel, 9/11, and the Vanishing Fourth Amendment was cited in the following article: Jonathan Weinberg, Proving Identity, 44 PEPP. L. REV. 731 (2017).

19. Prof. Shannon’s article Debarment and Suspension Revisited: Fewer Eggs in the Basket? was cited in the following article: Robert F. Meunier, Trevor B. A. Nelson, Is It Time for A Single Federal Suspension and Debarment Rule?, 46 PUB. CONT. L.J. 553 (2017).

20. Prof. Camp’s article The Play’s the Thing: A Theory of Taxing Virtual Worlds was cited in the following article: Linda Beale, Reining in Intellectual Property Tax Avoidance, 2017 TXN MAGAZINE 26-38.

21. Prof. Sutton’s textbook LAW AND BIOTERRORISM was cited in the following note: Nicole H. Kalupa, Black Biology: Genetic Engineering, the Future of Bioterrorism, and the Need for Greater International and Community Regulation of Synthetic Biology, 34 WIS. INT’L L.J. 952 (2017).

22. Prof. Camp’s article The Failure of Adversarial Process in the Administrative State was cited in the following article: Rhett Larson, Brian Payne, Unclouding Arizona’s Water Future, 49 ARIZ. ST. L.J. 465 (2017).

23. Prof. Krahmer’s article Foreign Currency Instruments Under the Uniform Commercial Code was cited in § 4-210 FORM 2. Clause Regarding Charge—Back of Foreign Currency Instruments, 7 WASH. PRAC., UCC Forms § 4-210 FORM 2 (2017 Update).

24. Prof. Loewy’s article The Use, Nonuse, and Misuse of Low Value Speech was cited in the following article: Dr. JoAnne Sweeny, Trapped in Public: The Regulation of Street Harassment and Cyber-Harassment Under the Captive Audience Doctrine, 17 NEV. L.J. 651 (2017).

Quoted:
1. Prof. Murphy’s article A “New” Counter-Marbury: Reconciling Skidmore Deference and Agency Interpretive Freedom was quoted in the following article: Kurt Eggert, Deference and Fiction: Reforming Chevron’s Legal Fictions After King v. Burwell, 95 NEB. L. REV. 702 (2017).

2. Prof. Robert Sherwin’s article #HaveWeReallyThoughtThisThrough?: Why Granting Trademark Protection to Hashtags Is Unnecessary, Duplicative, and Downright Dangerous was quoted in the following article: Alexandra J. Roberts, Tagmarks, 105 CAL. L. REV. 599 (2017).

News:
1. On June 7, Prof. Beyer was the lead-off speaker at the 41st Annual Advanced Estate Planning and Probate Course, a three-day CLE program sponsored by the State Bar of Texas. His presentation to approximately 400 attorneys and accompanying article covered recent judicial developments in Texas relating to intestate succession, wills, estate administration, trusts, and related matters.

2. On June 9, Prof. Beyer was a featured speaker at the 44th Annual Midwest Estate, Tax & Business Planning Institute held in Indianapolis, Indiana. To a live audience of approximately 150 attorneys and other estate planning professionals with streaming to virtual attendees across the region, Prof. Beyer presented two papers: (1) What Estate Planners in Common Law Marital Property States Need to Know About Community Property and (2) Avoiding the Estate Planning “Blue Screen of Death” with Competent and Ethical Practices.

3. On June 15, Prof. Beyer was a speaker at the 2017 State Bar of Arizona Annual Convention in Tucson during a program entitled “Dealing With the Unusual and Unexpected: Challenging Assets in Estate Planning and Administration.” His presentations and accompanying papers were entitled Cyber Estate Planning & Administration and Aiming High and Getting High: Estate Planning for Guns and Marijuana.

4. For the twenty-fifth consecutive year, the American Bar Association has appointed Prof. Beyer as the editor of the Keeping Current—Probate column for Probate & Property magazine.

5. On June 24, Prof. Beyer was in Washington, DC where he was a speaker at a program entitled Teaching Techniques at a Workshop for New Law School Teachers sponsored by the Association of American Law Schools.

6. On June 30, Prof. Kyle Velte was interviewed by Double T 97.3FM for and quoted in the following article: Texas Supreme Court questions right of benefits for gay spouses. The article can be found here.

7. On June 9, the Lubbock Avalanche-Journal published an article It’s Debatable: Fighting over Irish snubbing Pence where Prof. Arnold Loewy and Charles Moster debated Notre Dame graduates walking out on Vice President Mike Pence. The article can be found here.

8. On June 20, Prof. Loewy was interviewed by FOX34 News concerning recent decision where the Supreme Court found that law restricting registered sex offenders from using social media in North Carolina violated the legitimate exercise of First Amendment rights. The article can be found here.

June 2017 New Books

In June 2017, the Law Library added the following new titles to the collection to support the research and curricular needs of our faculty and students.

2017 June new bks

ANIMAL LAW

  1. Eisenstein, Yolanda and Bruce Wagman, eds., Wildlife law & ethics : a U.S. perspective (2017).

CRIMINAL LAW AND PROCEDURE

  1. Monahan, Edward C. and James Clark, eds., Tell the client’s story : mitigation in criminal and death penalty cases (2017).
  2. Brick, John, Forensic alcohol test evidence (FATE) : a handbook for law enforcement and accident investigation (2017).
  3. Light, Caroline E., Stand your ground : a history of America’s love affair with lethal self-defense (2017).

DISPUTE RESOLUTION

  1. Schmitz, Amy J. and Colin Rule, The new handshake : online dispute resolution and the future of consumer protection (2017).

HEALTH LAW AND POLICY

  1. Sinnott-Armstrong, Walter, ed., Finding consciousness : the neuroscience, ethics, and law of severe brain damage (2016).
  2. Bambra, Clare, Health divides : where you live can kill you (2016).
  3. Zabawa, Barbara J. and JoAnn Eickhoff-Shemek, Rule the rules of workplace wellness programs (2017).
  4. Clinton, Chelsea and Devi Sridhar, Governing global health : who runs the world and why? (2017).
  5. Miller, Dinah and Annette Hanson, Committed : the battle over involuntary psychiatric care (2016).
  6. Delaney, Courtney, et.al., What are . . . medicare and medicaid secondary payer laws (2016).

LEGAL EDUCATION

  1. Funk, Andrea Susnir, The art of assessment : making outcomes assessment accessible, sustainable, and meaningful (2017).
  2. Schwartz, Michael Hunter, et.al., What the best law teachers do (2013).

LEGAL RESEARCH AND LIBRARIES

  1. Albitz, Becky, et.al. eds., Leading in the new academic library (2017).
  2. Lankes, R. David, The Atlas of New Librarianship (2011).

PRACTICE AND PROCEDURE

  1. McEntire, Sawnie A., Mastering the art of depositions (2016).
  2. Friedman, Rick, Becoming a trial lawyer : a guide for the lifelong advocate (2015).

RELIGION

  1. Brady, Kathleen A., The distinctiveness of religion in American law : rethinking religious clause jurisprudence (2015).
  2. Hussin, Iza R., The politics of Islamic law : local elites, colonial authority, and the making of the Muslim state (2016).
  3. Turner, Bryan S., Religion and modern society : citizenship, secularisation, and the state (2011).
  4. Hollander, David A., Legal scholarship in Jewish law : an annotated bibliography of journal articles (2017).

STATE AND LOCAL GOVERNMENT LAW

  1. Leiter, Richard A., National survey of state laws (2015).

SUPREME COURT OF THE UNITED STATES

  1. Kalman, Laura, The long reach of the Sixties : LBJ, Nixon, and the making of the contemporary Supreme Court (2017).

All of these books are available from the Law Library.  If you would like to check out any of these titles, please contact the circulation desk at either 806-742-3957 or circulation.law@ttu.edu.  Library staff will be able to assist in locating and checking out any of these items.