
| No. 475 | August 2002 |
In This Issue
Welcome to Students and Faculty
Friendly Advice for Freshmen and Some Forgetful Upperclassmen When Using the Law Library
Best Wishes
Sweet Home Alabama.gov
Recent Acquisitions
Librarians Attend Convention
The Digest System: An Index to Case Law
New Books
Computer Lab Update
A New Code
By Laurel R. Clapp,
Law Librarian and Professor of Law
lrclapp@samford.edu
On behalf of the Law Library staff, I want to welcome first year students to the law school
and welcome back second and third years students and faculty members. We wish everyone a successful
and productive year.
Friendly Advice for Freshmen and Some Forgetful Upperclassmen When Using the Law Library
Beginning the law school experience can be intimidating for anyone; getting a legal education may be your toughest act yet. A big part of your first year in law school will be studying and researching in the Law Library. Here are some tips on making life simpler when visiting the Law Library:
1. Your Samford I.D. card is your ticket into the Law Library. You must show it to the Circulation Desk Attendant in order to enter the library. You must present it to check out books and folders placed on reserve by your professors.
2. Only two of five public photocopy machines in the Law Library accept cash (coins and $1 bills reliably). All of the machines take a Samford I.D. card programmed with money. By programming your I.D., you can often avoid delays in the photocopy room. To have your card programmed, you should take it to the Mousepad shop at Beeson Student Center. The store accepts cash, check and credit cards.
3. The bookstore sells numerous study aids that vary in usefulness, and are also quite expensive. Before deciding to buy, you might want to check out the study aids available on reserve at the Circulation Desk. The Guide to Study Aids, which has been distributed to all first year law students and is available on the web at http://lawlib.samford.edu/pubs/studyaid2002.html, is an excellent resource for determining what student aids are available for check out from the Reserve section. These items on Reserve are almost always the latest edition and are available for use in the library for three hours at a time (and also can be checked out overnight three hours before the library's closing).
4. We request that you shelve all books that you use from the First Floor and in the law periodical collection held on the Lower Level. Over the years, there have been many first year students unable to finish their assignments, victimized by thoughtless classmates who refuse to take the time to reshelve needed materials.
5. Cellular telephones should not be used in the Law Library. If you bring one into the reading rooms you must put it on vibration mode. When you receive or place a call, you must go to a photocopy room or outside the Law Library.
6. Conference room keys are available for three hour checkout at the Circulation Desk by student study groups. We urge students carrying on discussions within the library to use this resource in order to avoid disturbing other patrons.
7. Four laptops are available for law student checkout at the Circulation Desk. The checkout period is three hours and they are for in-library use only.
8. With the exception of Saturday, librarians are generally available most hours that the library is open. Do not feel embarrassed to ask a librarian for help finding materials. Often, freshmen law students believe that they are the "only student" who cannot find needed materials; in most cases, many students cannot locate them, but do not want to admit it to their classmates. At the same time, do not hesitate to let your Caruthers Fellow from LLR know when you do not understand an assignment
9. Ignoring Law Library book due dates can do more than empty your pocket of change. Fines at the Law Library are as follows:
$1.00 per day per book for non-reserve items
$1.00 per HOUR for reserve materials
10. Food and drinks (including water bottles) are not permitted in the Law Library. For a quick refreshment break, use the law school student lounge. Also, food can be taken into the Great Room of the Law School where there are study tables available.
11. The Law Library reading rooms should be used for research and study purposes; they should not become a meeting point for law student social groups.
The noise problem is one which is being constantly brought to our attention by law students. Please consider classmates who, for various reasons, cannot
study at home. This library is their only refuge for quiet study. If you wish to socialize, there are numerous places in the Law School, including the
Great Room of the Law School, where ample space is available. Please reserve the library facilities for your research and study needs only.
Tracey Harwell, Law Library Assistant for Reader Services, has taken a job as Circulation Manager with Gainesville College Library in Gainesville, Georgia. Her last day of work was July 23. Tracey began working in the Law Library in December 1986. Most second and third year students know Tracey as the helpful person behind the Circulation Desk. She will certainly be missed!
Linda Jones, Acquisitions Librarian, retired on June 30. She had served in the position for twenty-five years. She did an excellent job with the difficult work that is required in the position. She, too, will be greatly missed!
Alabama has a new home page on the web at www.alabama.gov. Designed for ease and convenience, the portal offers electronic services to citizens, businesses, state employees, and other governments. Soon, citizens may apply for licenses, file documents, and handle other state transactions on the Internet. Current projects include online license renewals for nurses and electronic UCC filings for businesses.
The enabling law for the e-government initiative is the Uniform Electronic Transactions Act (UETA). Ala. Code §§ 8-1A-1 to 8-1A-20 (Supp. 2001). UETA validates electronic records and signatures without affecting substantive rules of contracts. In scope, UETA applies to transactions related to business, commercial, and governmental matters.
A prime feature of Alabama's new web portal is the directory. Use the directory to find contact information and web sites for state agencies and organizations. Alternatively, search for e-mail addresses and telephone numbers of state employees by name or agency. The directory also links to web sites for Alabama counties and cities.
The site works best using version six or higher of Netscape or version five of Explorer. Many applications are still in the planning or development stage, so check back
often for new services or features.
(Each title listed is shelved in the Reference area.)
ALABAMA LEGAL DIRECTORY. KF192/.A5/A55/2002.
FEDERAL STAFF DIRECTORY. JK723/.E9/F44/2002.
GEORGIA LEGAL DIRECTORY. KF192 G46/.G46/2002.
STATE LEGISLATIVE SOURCEBOOK. JK2403/.H4/2002.
STATE YELLOW BOOK. JK2403/.S77/2002/Summer.
TEXAS LEGAL DIRECTORY. KF192/.T45/T43/2002.
WASHINGTON REPRESENTATIVES. JK1118/.W33/2002.
Lanie Williamson and Ed Craig attended the American Association of Law Libraries Annual Meeting and Conference at Orlando, Florida from July 20-24. The theme of this
year's meeting was "Creating Connections" and Cumberland participants found that it was aptly named; both Lanie and Ed had numerous opportunities to talk with other academic
law librarians about issues and concerns that are quite common in the specialized field. Sessions at the conference discussed managing electronic information and the future
of law libraries in the digital age. Another feature of the convention which librarians enjoyed was the exhibits from publishers who displayed cutting edge products which
have recently arrived on the legal publication market.
Important tools for finding cases, digests serve as subject indexes to reported opinions. West Publishing Company's digest classifies the law into seven broad areas: persons, property, contracts, torts, crimes, remedies, and government. These categories are broken down into hundreds of topics, with multiple key-numbered subdivisions covering all the issues. Under pertinent topics and key numbers, West accumulates headnotes or summaries of each legal point in every reported case.
A prime feature of the West digest system is its uniformity. Thus, a researcher who finds relevant topics and key numbers in the Alabama digest can trace those identical topics and key numbers through other digests published by West.
Periodically, West revises the key number system for judicial developments. Tables found at the beginning of revised topics convert old key numbers to new ones. Check pocket parts for new topics not yet in the bound digests.
Typically, the starting point for finding relevant topics and key numbers is the Descriptive Word Index. In the preface, West recommends searching for terms depicting the parties, places, things, acts, omissions, issues, defenses, and remedies sought in the circumstances presented. The index includes terms of fact and law. References are to topics and key numbers found in the main digest volumes. For cryptic references like App & E (Appeal and Error), see the key to abbreviations in the front of the index.
Alternative approaches to the key number system include the Table of Cases, outlines found at the beginning of each topic, and headnotes from a known case. For cases from other publishers, search for a parallel cite in a West reporter to tap into the key number structure. Only West publications use copyrighted key numbers. Some digests also include Words and Phrases, citing to judicially defined terms.
Often, multiple topics and key numbers apply to a particular situation. Keep track of topic names and associated key numbers. Key numbers alone are insufficient. For each topic considered, scan the introductory scope note and outline. Do not rely on digest summaries for case analysis. Read decisions in full. Use Shepard's or Keycite to learn the status and authority of cases.
Updating is imperative. Examine all pocket parts and soft-cover pamphlets shelved with the digests. Introductory tables list closing volumes of reporters indexed in the digest. For updates, consult subsequent volumes of those West reporters. Look for digests in the back of West's bound reporters, and in the front of reporter advance pamphlets. Supplement the latest print sources with Westlaw if available.
Selecting the right digest is crucial. Ideally, choose the digest that meets but does not exceed the coverage needed. Unless otherwise noted, digests described below are found on the First Floor of the Law Library in the Digests section.
West's American Digest System is comprehensive, though unwieldy. It covers all American jurisdictions, state and federal, in three components: Century, Decennial, and General. The Century Edition (1658 to 1896) is the only component outside the key number system. To find Century section numbers, use the subject index in volume fifty. To translate Century sections to key numbers, see the table in volume twenty-one of the first Decennial Digest. Conversely, to translate key numbers to Century sections, look for cross-references after key number entries in the first and second Decennials.
Segments of the Decennial Digest are cumulative only in five to ten year spans. Search each segment in turn. Periodically, West publishes a new segment of the Decennial Digest. Check the spine for dates of coverage. West's General Digest updates the decennials. Volumes of the General Digest are not cumulative. Key number tables, however, are cumulative within each ten-volume increment. These tables show where particular keys appear, if at all, within that interval. For efficient research in the General Digest, examine the key number table in every tenth volume, and in the latest volume published if not the tenth. Every tenth volume also has a cumulative table of cases and a descriptive word index. Spot the tenth volume quickly by extra labeling on its spine.
Both West and Lexis publish a United States Supreme Court Digest (1754 to date). West's publication is noteworthy for its uniform key number system. In the Lawyers' Edition, Lexis includes citations to the American Law Reports and other research aids.
Regional digests correspond to the regional reporter system, although West stopped publishing three of the seven digests. The following digests held by the library cover courts of the states shown, but not federal courts within those states:
ATLANTIC (1764 to date) Connecticut, Delaware, District of Columbia, Maine, Maryland, New Hampshire, New Jersey, Pennsylvania, Rhode Island, and Vermont
NORTH EASTERN (Ceased in 1971) Illinois, Indiana, Massachusetts, New York, and Ohio
NORTH WESTERN (1836 to date) Iowa, Michigan, Minnesota, Nebraska, North Dakota, South Dakota, and Wisconsin
PACIFIC (1940 to date) Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, and Wyoming
SOUTH EASTERN (1729 to date) Georgia, North Carolina, South Carolina, Virginia, and West Virginia
SOUTHERN (Ceased in 1988) Alabama, Florida, Louisiana, and Mississippi
SOUTH WESTERN (Ceased in 1958) Arkansas, Kentucky, Missouri, Tennessee, and Texas
To update discontinued regional sets, turn to individual state digests, Decennial and General Digests, or Westlaw if available. Digests for the Atlantic, North Western, and South Eastern regions are now in the second series. Generally, the second series runs from the early to mid-1930's to date. Search the first series for earlier cases. Each color-coded segment of the Pacific digest begins with a specified volume of the Pacific Reporter. In this library, for Pacific cases before 1940, use the American digest or individual state digests if available.
West's state digests cover opinions issued by state courts and decisions of federal courts within the state. The Law Library offers print digests for the following states:
ALABAMA (1820 to date)
CALIFORNIA (1850 to date)
FLORIDA (1846 to date)
GEORGIA (1792 to date)
NEW YORK (1930 to date)
NORTH CAROLINA (1778 to date)
TENNESSEE (1791 to date)
VIRGINIA and WEST VIRGINIA (1681 to date)
Besides the set in the library's Digests section, duplicates of West's Alabama digest are found on the First Floor in the Alabama and Reference sections. Another set is on the Third Floor in the Alabama Practice section. West issues some state digests in continuing series. Others, like West's Alabama Digest 2d, are later editions replacing the original ones. Check the preface or spines for dates covered in each series or edition. Refer to the North Eastern or American digests for New York cases before 1930.
West's federal set includes the Federal Digest (1754 through 1938) and Modern Federal Practice Digest (1939 through 1960). After that, consult West's Federal Practice Digest 2d, 3d, and 4th. The second series covers 1961 through November 1975. The third series runs from December 1975 until the start of the fourth, which varies by volume. To be safe, search both the third and fourth series for cases from December 1975 through 1983. To find cases from 1984 to date, consult the fourth series with all updates. J. Myron Jacobstein et al., Fundamentals of Legal Research 108 (6th ed. 1994).
Specialty digests cover particular courts or subject areas. For instance, BNA's digests of labor cases are in the Looseleaf section on the Lower Level. Coverage includes wage and hour, fair employment practices, individual employment rights, Americans with disabilities, labor relations, and labor arbitration. The Special Subject Reporter section on the Lower Level includes digests of patent, public utilities, education, and maritime cases. On the First Floor, the ALR Digest is in the Practice section shelved with American Law Reports. Look for Shepard's Ordinance Law Annotations in the Digests section. Shelved on the First Floor with Federal Cases are digests for federal rules, federal claims, and bankruptcy matters.
Some specialty publications, like the Product Liability Case Digest [KF8925/.P7/B342], are on the Second Floor with classified treatises. Two particularly comprehensive sources are the Uniform Commercial Code Case Digest [KF880.3/.P5] and Federal Rules of Evidence Digest [KF8935/.F4]. The Third Floor Administrative section includes digests for decisions of the National Labor Relations Board and other agency tribunals. Pike and Fischer's administrative law digest is also on the Third Floor.
Finding an elusive case in point can be a challenge. Understanding the digest system speeds the task. If needed, contact a reference librarian for help selecting, locating, and using digests.
Professor Howard Walthall has written a chapter entitled Options for State Constitutional Reform in Alabama. This chapter is in the book, A Century of Controversy: Constitutional Reform in Alabama, published by the University of Alabama Press. The Law Library has two copies. One is shelved in the Friendship Room and one is shelved with the treatises on the Second Floor - KFA401.5/.C46/2002.
Professor David Langum is a contributor to The Oxford Companion to United States History published by the Oxford University Press. His essay is entitled Prostitution and Antiprostitution. Both the Law Library
and Samford Main Library have copies of the book - E174/.O94/2001.
Please keep track of your print accounts. You may do this by logging into a lab computer, and pointing your mouse over the Pcounter icon. The icon looks like a small, black dollar sign and is located in the computer's system tray. The tray is located in the bottom right corner of the monitor. When you point your mouse over the icon, you should see a print balance. If you do not, please contact Grace Simms (2687 or glsimms@samford.edu.).
Please remember to log off after using a lab computer.
If you need assistance setting up your laptop for Internet usage in the library, please contact Grace Simms (2687) or C'helle Vann (4024).
All the Law Library computer lab doors have combination lock access. Do you know the code? The code has been changed! Please show your Samford I.D. to the Circulation Desk Attendant and you will be given
the new combination.
The CHECK IT OUT is published three times a semester. The editorial staff works hard on articles that are of interest to both law students and law professors. We welcome new ideas and hope that you take the time to critique each issue. Let us know if there is a specific subject that you would like for us to discuss. Send your ideas and/or comments to: Becky Hutto at rmhutto@samford.edu.