Module 8 Forum Discussions & CALI Lesson

Forum Discussions

After reading the articles published by the NYT and WSJ, discuss their similarities and differences. Think about where you find news now and consider if you might want to add sources once you know where you will be working.   

Most of you in your discussions focused on the nuances in the focus of the articles.  Some mentioned that the Wall Street Journal’s audience was probably more the business and financial communities which could make a difference on  how the WSJ approached the article.   Most of you noted that one cannot depend upon one source for all your news and that it would be wise to read broadly.  A number of newspapers and other media sources and including roundups of stories in other media sources.

Go to U.S. Law Week on Bloomberg Law.  Describe how it is organized and its content. How would you use it in your practice, etc., if you had access?

U.S. Law Week would be a very useful daily read if it you had access.  You can keep yourself up to date of what is happening in cases across the country.  Get the alerts while you are in law school

CALI Lesson

This was a matching question which I thought would be useful for you to review.

A is newsletters

B is Repositories   Go to the Library’s web page to find our Institutional Repository.   repository.law.miami.edu

C is Blogs

D is loose-leaf service

A B C D
Frequently-updated websites in which readers can often participate by commenting on entries.
Publications updated frequently with new pages for inter-filing (in print format) or online (in electronic format).
Publications issued at regular intervals, generally devoted to a narrow topic of interest to subscribers.
Electronic libraries of working papers and pre-publication articles.

Module 7 Forum Discussions & Assessment Questions

Forum Discussion Questions

Every Algorithm Has a POV

It was interesting reading your three takeaways.  It would be wise to pay attention to this topic in the years to come.  I just attended a program titled Artificial Intelligence and Implicit Bias and the  speakers were from Westlaw Edge, Casetext, and an Information School at San Jose State University.

U.S. v. Jones  Are the West synopsis and the headnote highlighed in U.S. v.  Jones correct?  Explain why or why not.

Most of you realized that the headnote and the synopsis were incorrect when they indicated that the card was sent to the daughter rather than to the daughter’s father-in law.   If you read the opinion would have noticed the error.  This is a reminder that you always must read and analyze the opinions for yourself.

Also, remember when you are using headnotes, you can quickly go to the part of the opinion which discussed the headnote by finding the bracketed number of the headnote.  This means that you could have skimmed for [4] in the opinion since you were reading headnote 4.

Assessment Questions

The two questions I would like to highlight are:

You can Shepardize  and KeyCite Court rules.  The answer is YES.

If you are doing statutory research, can KeyCite and Shepard’s reports identify new or pending legislation?  The answer is YES.

It looks like the answer to this question may be changing at least for one element of this question -” KeyCite and Shepard’s may not catch cases or legislation indirectly overruling a case.”  See the recording titled New Legal Research Tools in Module,

Module 6 Assessment Questions, CALI Lessons, and Forum Discussions

Assessment Questions

JUST ASK:   The acronym is to use when you are receiving an assignment at work so that you are sure that you learn as much as possible about the assignment.  You do not want to go back 2 or 3 times to ask for more information.  You may receive an assignment in a hallway or in the restroom when you are not thinking about receiving an assignment!  In these situations, especially, it may help to remember JUST ASK so that you can focus your questions to learn as much as possible about the assignment.

JUST:  Jurisdiction, Useful Tips, Sources, Terms of Art

ASK:  Acronyms, Scope of Research, Key Cost Restraints

Forms need to be used carefully.  You can’t assume that the form is up to date unless you are told by the attorney giving you the assignment that the form is current. Also, the first place usually to look for a form is the firm’s form bank.  Forms can be extremely useful but do not simply fill in the blanks.  They are usually a good place start in drafting the document.

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CALI Lessons

All but one of you missed this question the following question.

Now that we have selected relevant terms, let’s turn to the Index.

Looking up the word “Chiropractor” in the Index sends you to a number of subtopics, including “Negligence per se” 44 COA 2d 95. This tells you that if you go to volume 44 and look at page 95, you will see a section titled “Cause of Action for Chiropractic Negligence.”

Take a look at the picture of the Causes of Action outline. What section in the outline will help you find the elements needed to prove a breach of duty of care in a malpractice action?

Here is a link to the Causes of Action on Westlaw.

https://1.next.westlaw.com/Document/I1341ddf26a3c11dfa0678614a57b3486/View/FullText.html?originationContext=typeAhead&transitionType=Default&contextData=(sc.Default)

Please email me the answer to the question by Monday, July 15.  I want to be sure that y’all can interpret the outline.  These outlines / table of contents are very useful and are found in print and online.

Please let me know if you have any questions.

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Forum Discussions

Find the docket sheet on Bloomberg Law for this case – this is all you know. This information is from a WSJ article on May 25 2017. Many times a newspaper and other media outlets will not give you the docket number, name of the case, etc.

“A Virginia-based federal appeals court on Thursday rejected President’s Donald Trump’s request to reinstate his revised executive order on immigration, saying that the president likely acted with improper motives when seeking to temporarily bar U.S. entry for travelers from six Muslim-majority countries.”

What is the name of the case and the docket number? Give one take away from looking for and pursuing the docket sheet for this case.

Here are two links to the case.

Take a look at the decision found on Bloomberg Law (Pacer) which was published by the Court.  Take note that it states that this is a published decision.  Then take a look at Westlaw and you can see all the editorial features that are added.   If you looked at Lexis, you would also see all of their editorial features.  It is hard to say if you were doing this research on the the day that the WSJ article was published if you would have found the case on Westlaw or Lexis.  Westlaw and Lexis try to get the cases up as quickly as possible but it will take them a moment or two since they are adding their editorial features.  Although, I recall seeing cases being uploaded before all editorial features are added just to be sure that the case is available in their database.  I hope that took the opportunity to take  good look at the docket sheet.  If you did not, I suggest that you do so so that you know what is included in a docket sheet.

Link on Bloomberg Law (Pacer)

https://www.bloomberglaw.com/public/desktop/document/Intl_Refugee_Assistance_v_Donald_J_Trump_Docket_No_1701351_4th_Ci/1?1562682602

Link on  Westlaw

https://1.next.westlaw.com/Link/Document/FullText?FindType=Y&pubNum=0000506&sernum=2041728439&transitiontype=Default&contextdata=(sc.Default)&originationcontext=RequestDirector&__lrTS=20190709142436528

For those who did not find the case, try again if you have not already done so.  Locating and understanding dockets is a useful skill.

Stolley’s article

Take a look at the  excerpt of Stolley’s concerns on TWEN.

file:///C:/Users/swise12/Documents/Class%20Summer%202019/Stolley%20Concerns%20summer%202017%20(1).pdf

You will notice that he is suggesting to use sources that are online.  You may or may not find them in print when you are researching.  One take away is that you need to need to learn how to use these sources (encyclopedias, ALR, law review articles, etc.)  online in the same way as you might use them in print.  Browsing the pages.  Taking a look at the index and outlines / table of contents.  Etc.  It is just  different technique of online searching.

If you have any questions or would like to discuss, please let me know.

 

 

Administrative Law – Assessment Questions / Forum Discussions s

Assessment Questions

Final and proposed regulations are first published in the Federal Register.  The Federal Register is published Monday through Friday excluding holidays and is the place for the  first publication of proposed and final regulations.  It makes sense because both need to be in front of the public as soon as possible.  The publication in the Federal Register begins the notice and comment period which allows the public to comment on the proposed regulations.  The publication of the final regulation in the Federal Register announces that the regulations is now enforce.  The final regulation will be published in the Code of Regulations which is arranged by topic.  You will find published with the final regulation in the Federal Register the Preamble which is a discussion by the agency of the rule making process for that regulation..  You will not find this discussion in the Code of Federal Regulation.  The Preamble discussion is very useful in understanding the thought process of the agency.

The Federal Register is a print publication which you can find on the Federal Register Website.  You will see the print edition at the top of the page.  https://www.federalregister.gov/

However, the website does not provide all issues of the Federal Register.  So you will not to use other sources.  A very good source is Hein Online which has all the print editions  – Volume 1 (1936).

Forum Discussions

USAFacts

I am glad that y’all found it interesting diving into USA Facts.  https://usafacts.org/   They have dona an amazing job of pulling together government statistics.   This is a  link to their sources and discussion of methodology –  https://usafacts.org/sources   

Here are a couple of links to agency websites.

Census – https://www.census.gov/   

Bureau of Labor Statistics – https://www.bls.gov/

IRS – https://www.irs.gov/statistics

The WSJ used the IRS data in this article. You can find the article in Module 5 in TWEN  “You Filed Returns. The IRS Compiled the Data. Here’s How the New Tax Law Is Working

Agency Decisions

Again,  I am glad that you found interesting this brief look at agency decisions.  You can  also find some agency decisions in other places, but seeing how the agency organizes them is very useful.  The next time an agency decision is mentioned, take the opportunity to go to the agency website to find and read the decision and also to learn more about the quasi-judicial process of that agency.  Remember, the agency decisions are subject to judicial review and interpretation.  Also, take Ad Law or a course in an area which deals with regulations.  For example, environmental law.

 

 

CALI Lessons – Statutes & Legislative History

Hi all,

Indexes and Table of Contents 

Some of you are not familiar with Indexes and Table of Contents (TOC) as you might be.  You will find indexes and Table of Contents both in print and online.

For example, treatises have  indexes and Table of Contents.  Many times when you use a print treatise you look at the  TOC to see what is covered in general and then look at the index to find the page where your topic is covered.  Both TOCs and Indexes are also available online.  The online version allows full-text searching which sometimes can be very useful and sometimes not so much as you know.  An index is designed to provide  straight forward access to appropriate areas of the book.  You may need to use a couple of different terms until you find the right one for that index. And, many times indexes use cross-references to get you to use term used in the index.

Indexes can be very useful in locating statutes.  Again, cross-references can indicate the term that is used in the index.  Also, if you look up Adoption for example, you will see  list of all the statutes under adoption and this will give you a view of the entire area.  You may be looking up Consent but you may see another applicable statute to the legal issue that you are researching.

Here is the link to the article, Go Ahead Google Then Do a Subject Based Search Student Lawyer

You can also find it in Module 6 in TWEN.

Session Law and Codes

Many of you need to review the relationship between session laws and codes.

Think about I`m Just a Bill -Schoolhouse Rock (recording 3:00

Remember that Bill became a LAW…A SESSION LAW.   When bills are passed by the house and senate and signed by executive in both states as well as the U.S. Congress, they become laws – session laws.  These laws are organized and published  in chronological order.  Called rightly enough Session Laws.  Note there are variations on the title in states but the concept is the same.  And, as you know session laws can amend and repeal law so if you want to know what the current law is you may need to look at many session laws.

To avoid this problem, the session laws are codified, the current laws are organized by subject.  For example, the Florida Statutes are the current laws organized by topic and the Laws of Florida are the session laws.

Link to the Florida Statutes and Constitution page:

http://www.leg.state.fl.us/Statutes/index.cfm?Tab=statutes&submenu=-1&CFID=55697540&CFTOKEN=dc2fbe233a28bf81-FB304F49-5056-B837-1A36FA2603B702C6  

Legislative History

How a bill becomes a law is fascinating.  You may want to skim the daily news for what is happening in Congress and the state legislatures to learn about the process in action.

For example, take a look at the June 26th article,  Senate Approves $4.6 Billion Bill for Border with Fewer Restrictions

 The article discusses the Senate and House bills on emergency humanitarian aid for the southwestern border and possible next  moves.

It is also available in Module 4 in TWEN.

Please let me know your comments and questions.

Bye.

 

 

 

 

Discussion Forum Question: Arizona Statute

Jane Meyers is the co-owner of Maricopa Press, a publication specializing in local history and culture.  Maricopa Press is one of your firm’s regular clients.  She has sent you the following email unrelated to her usual business.  Looking only at the Arizona statutes, what advice can you provide your client?

To:  Eager Young Associate

From:  Jane Meyers

RE:  Need legal advice

I’m writing today on a personal matter.  Last night, I was having dinner with my partner and our two children at Sunshine Eatery and Bistro.  My two-year old was feeling cranky and wanted to nurse.  I didn’t even think about it, I just settled him on my breast and continued the dinner conversation.  A few minutes later, the waiter came by and asked me to take my child to the bathroom, if I was going to continue “doing that.” He pointed vaguely at my chest and I realized that he was embarrassed by my nursing.

Honestly, there were women in the restaurant who were showing more skin with their low-cut dresses.  I lured my son away from my breast with promises of ice cream, but I felt guilty about that.  I didn’t want to nurse him in the bathroom.

Later I mentioned the incident on Facebook and one of my friends told me there were laws protecting women’s rights to breast-feed in public places.  She lives in Washington State where I’m sure there are such laws.

My question for you is – do we have such laws in Arizona?  If so, is there something I can do to get this restaurant to stop sending women to the restroom to feed their babies?

____________________________________________

Arizona Statute:

A.R.S. section 41-1443  Breast-feeding: public place; public accommodation

A mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present.

Our client asked us what she could do to get this restaurant to stop sending women to the restroom to feed their babies.  What, if any, remedies does the statute provide?

As it turns out this statute appears among the Civil Rights statutes, which create a civil right of action, including attorneys fees and statutory damages for violations of Civil Rights laws.

A.R.S. section 41-1471 Charge by persons aggrieved; investigation; conciliation agreement; civil action; temporary relief

However, as it turns out, the remedies apply only to enumerated sections of the Civil Rights laws and the right to breastfeed in public is not enumerated.  See footnote.

So a right without a remedy.

Note that other states, including Washington, have similar statutes that do provide a remedy.

Please let me know your comments or questions.

Bye.

 

Assessment Questions – Statutes

Hi all,

Annotated include more that statutes.  It also includes cases that have discussed the statute, secondary sources that have cited the statute,  the history of the statute, including amendments, and other resources.  Annotated Statutes are in a sense – one-stop shopping.  You can find the statute, cases, and secondary sources all in one package.  Be sure when you are using Lexis and Westlaw you know where to find the cases, secondary sources, etc.  When you are using Westlaw, be sure to use the Notes of Decisions.  The Notes of Decisions are important because they are summaries of important cases interpreting the statute.  All of the features of the annotated statutes are in both the print and online formats.

You can KeyCite and Shepardize the statutes.  Again, be sure to use KeyCite and Shepard’s when you are researching statutes.

The last assessment question dealt with the currency and versions of the statute.  Always be sure that you know the currency of the statute that you are using.  You need to be sure that it is current through the last legislative session,  However, if you were dealing with a matter that happened in 2015,  you may need to use the statutes that were in effect in 2015.  If so, then you need to find and use the 2015 version of the statute.  Also, when you are using KeyCite and Shepardize remember that the statute may have changed over the years and be alert so that you are using information that is dealing with the appropriate version.

Please let me know your comments and questions.

Bye.

Discussion Forum Question – Here is what you client told you…

Forum Discussion Question:

All the passengers getting off a flight to Miami were taken to a small room at the airport by Miami police. They were questioned and their clothing and luggage was searched.

You decide to begin by looking for cases although you usually start with secondary sources.

What was your best case search on Westlaw Edge and on Lexis Advance? Be detailed. Your colleagues should be able to replicate your search.
Also, include in your answers the best case from both searches.
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A few takeaways……
Were you surprised when sometimes you and or you colleagues did not find the same case on both Westlaw Edge and Lexis Advance?  Does this mean that if you only had one system that you might not find a very good case?
One question that would need to be answered is whether the same jurisdictions were being searched?  Was one researchers  searching all federal cases and the other federal and state cases?  Was one just searching United States Supreme Court cases?  It is very important to consider the jurisdictions to be searched.  One of the items that you will need to include in the RG is the jurisdiction being searched for cases, statutes, and regulations.  For other items. you need to explain the what resources are being searched.
Sometimes researchers assume that they can use the exact same search for both Westlaw Edge and Lexis Advance.  You may need to adjust your search query depending upon the system.  Remember that Westlaw Edge’s and Lexis Advances’ search algorithms  are different and that their search structures may also be different.
And, even on one system,  it may take a number of searches to find the search that will retrieve the best results.
A number of you limited your jurisdiction to cases from Florida (not sure if just state cases or if Florida federal cases were included) and United States Supreme Court cases.  Is this a federal or state issue?  If you are unsure, you would want to search both jurisdictions.  And, you would not want to limit to just the U.S. Supreme Court cases.  Remember, the cases from  11th federal circuit court of appeals also are mandatory.
Also, one of my directions was to be sure that your colleagues could replicate your search.  Many of you did not follow that instruction.  It is very important to learn how to explain the steps you took when searching an issue.  It is important because you will need to do so when for your Research Guide and you will need to do it in practice.
Many times in practice you will be asked to update your work product.  You cannot bill the client  again for your time and the databases charges to research from the beginning.  You need to figure out a system to keep notes on the successful searches that you used for each work product.
Also, there will be times that you are researching many projects at once  and you will need to keep good notes on what you have done on each so that you can pick up the quest without having to redo anything.
You may realize that your use of Westlaw Edge, Lexis Advance, etc. will be billed to the client or to the firm.  Your time will also be billed to the client or to the firm and you need to be as efficient and accurate as possible.
Please let me know your questions about this post and any other questions about this discussion forum question.
Bye.

Forum Discussions & Assessment Questions for Module 3

HI all,

Let’s start with the Discussion Forum Questions.

In general, please remember to answer all the questions that I asked in Forum Discussion posts.  Also,  your responses should more than something like “I did the same” or “I liked it.”  Pick out something in the answer and extend it.

Forum Discussion Questions:

Google Scholar:  Using Google Scholar, find a useful legal periodical article on the subject of adoption in Florida, specifically dealing with the father’s consent.  Cite the article using Bluebook citation form and explain what the Cited By reference means and why it would be useful in research.

HeinOnline:  Find the same article in HeinOnline.  What does ScholarCheck mean when it states that the article was Cited By X articles and Accessed X times?  Look at the Cited By Articles. Do you see any article cited by both Google Scholar and ScholarCheck (other than the article you found in Goggle Scholar)? If so, please cite one using Bluebook form.

__________________________________________________

A couple of thoughts:

A number of y’all mentioned that GoogleScholar links to subscription databases that you can’t access and that makes it not as useful a resource.  Yes, Google Scholar  links to both subscription and free databases/websites. HeinOnline was a subscription database specifically mentioned.  It would be nice to always be able to click through,  but you have found a useful citation.  You also may have access to the subscription database (let’s say HeinOnline) but not through GoogleScholar so find out if you have access to it in your place of employment.  You certainly have access to HeinOnline while you are in law school.  Just go to Subscription databases on the law library’s web page.  The article may also be on  Westlaw Edge and Lexis Advance, if you have access.  And since you have a citation, depending upon your contract, it may cost you less than to retrieve than doing a search.

One of the benefits of HeinOnline is that it provides a PDF of the article which means you can see the images in the article.  Lexis Advance and Westlaw Edge are text based systems and do not display images in most if not all of their materials.

You can limit to articles on GoogleScholar by clicking on the radio button on the landing page.

Remember that you cal also use Google Scholar to find cases.  This may be a useful resource to mention in your Research Guide.

Always look at the citator type functions that many databases and websites are offering.  They can be quite useful in finding other materials.  You always need to figure out what the function can and cannot do.  It may take some time in the beginning to understand the citator-type functions but it will be well worth the time since many of the resources you are learning about now you will be using in the future.

In the Research Guide, you may want to both HeinOnline and Google Scholar.   If you decide to include them, just like other sources, you will need to explain step by step how you used the sources and if you have found the citator-type features useful mention those also.

And as a note, you can Shepardize and KeyCite many periodical articles, especially law review/law journal articles.

Assessment Questions:

One of the questions dealt with authoritative sources.  Remember that a scholarly treatise is more authoritative than encyclopedias and study aids.

You can Shepardize and KeyCite many periodical articles, especially law review/law journal articles.  You may want to consider this for your Research Guide.

The answer for question 2 was incorrect.  For most research projects, it is recommended that you begin your research with SECONDARY SOURCES.

American Law Reports is NOT a comprehensive source.  The editors choose an interesting case and then write an annotation of the subject area of the case.  There are many issues where no annotations have been written.  If you find an annotation on your subject, you are very lucky.  The  editor has done much of the case research for you.  You, of course, need to be sure to update the research as necessary.

Bye.

 

Evaluating Authority Exercise

Hello,

This is the replacement of the earlier post.

Here is the Authority Rank Summary Details     It is also available in Module 5 in TWEN.

The Commerce Clause of the United States Constitution is the most authoritative.  It is ranked # 1.  All 15 votes.

The next item with the highest number of points was a federal trial case in the Federal Supplement.   To locate the case, citations to the Federal Supplement case and the Florida Law Weekly were provided.  Note, there were also a United States Supreme Court with a link to Quizlaw and a link to Wikipedia.  Neither are authoritative places to locate the decision so both would have much lower rankings.  Can you count on QuizLaw and Wikipedi having the correct decision on their websites?  You can count on accessing the case in the Federal Supplement by using the citation.

American Jurisprudence 2d and the treatise written by Rotunda and Nowak were tied for third place.  American Jurisprudence 2d does not make sense. It is not an authoritative source, but it is a great research tool use to get an overview of an area of law.  Florida Jurisprudence 2d which is also an encyclopedia was also ranked fairly high.  Again, a great research tool, but not an authoritative source,  However, the treatise written by Nowak and Rotunda is an authoritative source.  And, the Bittker and Denning is also an authoritative source.

Law review can also be authoritative sources.  To make you decision you need to read the article, learn about the author, and consider the publisher. The article is the most critical piece.

One of the items was an article in the NYT by Linda Greenhouse.  She was the United States Supreme Court reporter for years.   She was very respected.  But her article in the NYT is probably not very authoritative in this context.  Although, her books clearly would be.

The last item is Constitutional Law in the Turning Point Series.  Not a very authoritative source.

Please let me know your comments and questions.

Bye.