No. 462	March 2000

Cumberland students have sometimes questioned the Law Library's policy of requiring them to show a Samford student I.D. when entering the Law Library each time. This procedure is part of the overall access policy begun in 1997 when the facility was closed to the general public, with some limited exceptions requiring prior permission. The reasons for creating this policy were several:
 

• Usage by persons outside the Samford and legal communities were putting an unacceptable strain on limited resources. Our fine facilities were drawing patrons who had no use for legal information resources; instead, study areas were being overwhelmed by students from other institutions who wanted an attractive, convenient place to study in a neighborhood that is considered safe.

• Also, there was an increase in the number of reports of crime (though still small in number when compared to other university communities) which we strongly suspected was a result of actions by patrons outside our student body.

• We had numerous complaints from our own students, who were justifiably upset with this state of affairs; perhaps the most memorable complaint was from a Cumberland student who was lectured by a UAB medical student for typing too loudly in a study carrel.

In order to implement a policy that would allow the library to devote its resources to those paying for its operation, procedures had to be created that would allow the library to efficiently determine who should and should not be admitted into the reading rooms. For most of the years that the Beeson Law Library has been open, a card reader has been in operation to unlock the doors for cardholders; those persons who did not use their cards in the card reader have been required to show their card to the Circulation Desk Attendant. At present, the card reader is virtually inoperable, so everyone is requested to show their cards for entry. It is this aspect of the policy which seems to unnerve some students. Some of the complaints (and our responses) are as follows:

"I come in every day, so you must know me. Why do I have to still have to show my I.D.?"

In implementing any library policy, we have to treat all students equally. If we ask a student that we do not know for

an I.D., we must ask all students for it. Also, Desk Attendants must be sure of a patron's status for admission; otherwise the access policy becomes a sham. These Desk Attendants may be unsure at times of the status of patrons; students' help in showing their I.D.s can quickly resolve any questions without wasting anyone's time.

"I have forgotten my I.D. Can I still get in the library?"

Yes, you can. You will need to stop at the Circulation Desk for a minute for the Desk Attendant to fill out a short form.

"I just left the library. Why do I have to show my I.D. again?"

Desk Attendants have numerous responsibilities at the Circulation Desk. They cannot be expected to keep track of who comes and goes into the Law Library. Also, Desk Attendants change from hour to hour and often would not have been at the desk to notice that a student left a few minutes earlier.

How long do we have to do this?

At this time, we anticipate no changes in the policy, though we are looking forward to a new security system in the future.

CONGRATULATIONS! Congratulations and best wishes to  Ed Craig and Mag Ong.  They were married on March 11, 2000!

Cissell, James C. FEDERAL CRIMINAL TRIALS. 5th ed. KF9660/.P76/1999.

Daye, Charles E. NORTH CAROLINA LAW OF TORTS. 2nd ed. KFN7595/.D39/1999.

Hall, John Wesley. SEARCH AND SEIZURE. 3rd ed. KF9630/.H34/2000/v.1-v.2.

Lagarias, Peter C. EFFECTIVE CLOSING ARGUMENT. 2nd ed. KF8924/.L33/1999.

Shaman, Jeffrey M. JUDICIAL CONDUCT AND ETHICS. 3rd ed. KF8779/.S47/2000.

I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution. - Thomas Jefferson (1789)

Every day, computer viruses are developed and released on the Internet; they are spread via executable files, e-mail attachments, and infected disks. Catching one can be devastating to your computer and any files you may save on disk. You can also infect other computers simply by accessing files from your floppy disk. Therefore, it is crucial to update the anti-virus program on your home computer on a regular basis. Most companies that release virus protection software also release updates with current virus data every 4-6 weeks.

Here at the Law Library we update our anti-virus program (McAfee) every month. Updating on a regular basis can save you and your computer from a harrowing experience as well as a lot of money. If you do not have an anti-virus program loaded on your computer, it is HIGHLY recommended that you purchase one! They are worth the $40.00 sale price, and can be purchased at the MousePad (http://customer.samford.edu/mousepad/default.htm) with a student discount.

Once you have installed your virus protection software, you can update the virus data files by visiting one of the following web sites and following the instructions there:

McAfee.com Anti-Virus Center
http://www.mcafee.com/centers/anti-virus/default2.asp

Symantec AntiVirus Research Center (for Norton AntiVirus products)
http://www.symantec.com/avcenter/download.html

A.V.E.R.T - Updates, drivers, and Virus Alerts (for Dr. Solomon)
http://www.drsolomon.de/avert/alerts/index_e.asp

Reviews of Virus Protection software can be found at Yahoo.com. Do a search for "virus protection review" or go to:
http://dir.yahoo.com/Computers_and_Internet/Software/Reviews/Titles/System_Utilities/Utilities/Virus_Protection/

For more information about viruses, check out these online articles:

ZDNet's Help and How-To Virus Report
http://www.zdnet.com/zdhelp/stories/main/0,5594,2289810,00.html

P.C. Magazine's Virology
http://www.zdnet.com/pcmag/features/utility/av/uavs1.htm

Facts You Should Know about Computer Viruses
http://lawlib.samford.edu/labs/virus.shtml

Dr. Thomas Corts, President of Samford University, says that change is a must for the Alabama State Constitution. Dr. Corts is a member of a growing group of Alabamians who are seeking a rewrite of the Alabama State Constitution.

The document, written in 1901, is outdated and ineffective, according to Corts. Dr. Corts has become a leading advocate of rewriting the constitution. When speaking to members of the Birmingham Rotary Club late last year, he called the constitution "incomprehensible, confusing and barely workable."

The constitution itself is estimated to be 220,000 words long, 1 ½ times as long as any other state's. It has been amended over 660 times in the 99 years of its existence. The amendments themselves are twice as long as the original constitution. The U.S. Constitution has only been amended 26 times and is twice as old.

From: Corts Speaks for State Constitution, The Samford Crimson, February 16, 2000, at page 1.

Dr. Lawrence Reynolds, an Ozark native, purchased the manuscript for about $2,500 in 1954. Reynolds donated a large collection of rare medical books, manuscripts and prints, most dated between the 17^th and 19^th to UAB in the late 1950s.

From: Andy Acton, Rare Manuscripts Returns After Months of Analysis, (visited February 22, 2000)
<http://postherald.com/>

The Internet Corporation for Assigned Names and Numbers (ICANN) has selected the American Arbitration Forum (AAF) http://www.arb-forum.com/ and the United Nations World Intellectual Property Organization (WIPO) as the organizations to resolve cybersquatting disputes. Cases will be resolved by mandatory administrative hearings administered by the AAF or the WIPO. An example of cybersquatting is where a party registers the name of a well-known business as an Internet domain name hoping to get the business to purchase the address for a large sum of money. ICANN, a non-profit corporation, was formed to oversee IP address space allocation, protocol parameter assignment, domain name system management, and root server system management functions. See also, Debra Baker, Standing Up to Cybersquatters, 86 ABA J. 18 (March 2000).

The Federal Election Commission reports on financial contributions for the 2000 elections. http://www.fec.gov/finance_reports.html

Briefs filed in the U.S. Supreme Court. Court docket and briefs filed are found at the Supreme Court Center section.
http://supreme.findlaw.com

Choosing Law Librarianship.  Thoughts for People Contemplating a Career Move
by Mary Whisner, Head of Reference at the Gallagher Law Library of the University
of Washington.
http://www.llrx.com/features/librarian.htm

What Lawyers Earn; Collection of articles, many on compensation trends, from National Law Journal.
http://www.nlj.com/1999/infocus0614.html

Associate salaries from National Association for Law Placement.
http://www.nalp.org/JobSeekers/sumchart.htm

Summary of an Abbott, Langer Associates report.
http://www.abbott-langer.com/lawsumm.html

Standard forms are helpful practice aids for lawyers and effective training tools for law students. Some jurisdictions require use of official forms in certain circumstances. Most forms, however, are mere guidelines. Proper use requires legal expertise. Local laws vary. The careful drafter must choose the right form, verify its accuracy and completeness, update it for changes in the law, and tailor it to a particular case or jurisdiction. Never use forms blindly. The importance of applying independent legal judgment cannot be overemphasized.

Perhaps the best tool for finding form books in Cumberland's Law Library is the online catalog. To retrieve general form books, try a call number search for form book or a subject search for forms law. For focused resources, use more specific categories. For example, a quick subject search for instructions to juries yields a list of sources for pattern jury instructions. Experiment with keyword searches combining terms like forms, drafting, structuring, pattern, checklists, or clauses with appropriate subject indicators such as wills, bankruptcy, contracts, or other descriptors. To find books with companion computer disks, add the term disk or disks to your search query. In turn, combining search queries with geographic names retrieves state-specific form books, for example forms Georgia or forms Alabama.

Publishers compile model forms in many formats. Some form books focus on specific jurisdictions or subjects. Others are encyclopedic collections covering a broad range of topics. In the Practice section on the library's First Floor, look for five sets of encyclopedic form books. For litigation-oriented forms like complaints or motions, consult American Jurisprudence Pleading and Practice Forms Annotated. This set contains forms for use in both federal and state judicial and administrative proceedings. Federal Procedural Forms, Lawyers Edition is keyed to federal civil, criminal, and administrative practice. Accompanying checklists, drafting guides, annotations, and tax notes are particularly noteworthy. When drafting legal documents like contracts or deeds, refer to American Jurisprudence Legal Forms 2d. Arranged by substantive area, West's Legal Forms, Revised Second Edition covers both transactional and litigation-oriented matters. West's Federal Forms are geared to practice before federal courts including the U.S. Supreme Court, courts of appeals, district courts, bankruptcy, and admiralty courts.

Treatises, shelved on the library's Second Floor, may include forms along with analysis of the law. Find sample forms on subjects like bankruptcy, business organizations, discovery, wills, UCC, and others. One comprehensive transactional guide is Current Legal Forms: With Tax Analysis [KF170/.R3]. This 33-volume set, edited by Rabkin and Johnson, covers a broad range of business topics.

The library's collection includes many Alabama specific form books. For example, Howell's Alabama Civil Practice Forms, 3d ed. [KFA530/.A65/H6/1997 - Reserve] covers both litigation and transactional matters ranging from general pleadings to wills and trusts. In the Southeast Transaction Guide: Florida, Georgia, Alabama [KF1410/.S6 - Reference], analysis of the law is enhanced with forms covering business, estate planning, real estate, family law, and other topics.

Electronic forms are a boon to legal drafters. Instead of retyping or scanning printed forms, save time by downloading to disk (or copy and paste) for later editing. Both Westlaw and Lexis offer significant collections of forms. Westlaw coverage includes American Jurisprudence Legal Forms 2d, American Jurisprudence Pleading and Practice Forms, Nichols Cyclopedia of Legal Forms, and others. Westlaw's AmJur sets alone contain approximately 60,000 forms. On Lexis, look for online versions of Bender's Federal Practice Forms, Bender's Forms of Discovery, Rabkin and Johnson's Current Legal Forms, and the Southeast Transaction Guide among others.

For more information, visit the Cumberland Law Library at http://lawlib.samford.edu. Follow the link for "Research Aids" for a pull-down menu of library research guides. The Web-based Guide to Form Books covers encyclopedic form books, form books by subject, and Alabama form books. Find also descriptions of selected databases or files on Westlaw and Lexis. Ask a reference librarian for help if needed.

Over the course of the semester, I usually get a few requests for certain software packages to be loaded on the lab computers. Generally, students ask for Internet chat applications, games, and web browser plug-ins. I have a certain procedure that I follow when deciding whether or not a new application should be installed on the computers in the Law Library.

The official policy is:

Students may not install software on any Law Library computer. Doing so violates the Usage Policy that each student signed during lab orientation, and can result in the loss of lab privileges. If a student wishes to have a particular software application installed on a Law Library computer, he or she should discuss the matter with the Computer Services Librarian.

We have this policy to protect the computers from viruses and other harmful programs, to protect the students from potentially offensive materials such as screen savers and wallpaper, and to protect the Law School from any litigation due to the violation of general copyright law.

Before I authorize the installation of any new software on the Law Library computers, I evaluate the program to make sure that :

• there is enough hard drive space on the computer to accommodate the program
• the computer fills the minimum system requirements to run the program
• the software license agreement is in order (even for freeware and shareware applications)
• the program will not cause any problems with existing applications
• the program does not contain any computer viruses
• the program does not contain any offensive material.

• is the software something we have the staff and time to support?
• does it require training or documentation?
• are there any known bugs or security problems associated with the software?

Please remember, when you take it upon yourself to install software on any Law Library computer, not only are you risking the loss of your lab privileges, but you put the Law School in a precarious position. The fines for having installed unlicensed software can be heavy.

According to the Business Software Alliance's Anti-Piracy Site (http://www.nopiracy.com),

"An author can seek civil damages in the amount of their actual value, or statutory damages of $100, 000 per work infringed ... Criminal penalties include fines of up to $250,000 and jail terms up to 5 years, or both."

For more information about software licensing, piracy, and copyright law, refer to:

Bruce G. Joseph, Copyright Protection of Computer Software and Compilations in Advanced Seminar on Copyright Law 1999, at 7 (PLI Patents, Copyrights, Trademarks, and Literary Property Course Handbook Series No. 562, 1999).
(Note when using Westlaw, go to "Find a Document" and enter the citation: 562 PLI/Pat 7.)

Raymond T. Nimmer, Issues in Software Licensing in Understanding the Intellectual Property License 1999, at 399 (PLI Patents, Copyrights, Trademarks, and Literary Property Course Handbook Series No. 576, 1999.)
(Note when using Westlaw, go to "Find a Document" and enter the citation: 576 PLI/Pat 399.)

The following web sites also have some interesting information on the subject:

Software Issues, The Copyright Website (last visited March 13, 2000) <http://www.benedict.com/digital/software/software.htm>.

Software Publishers Association, Commercial, Shareware, Freeware & Public Domain Software, SPA Anti-Piracy (last visited March 13, 2000) <http://www.spa.org/piracy/programs/share.htm>.

I hope this short article helps to explain the process we go through, while evaluating and installing software on the Law Library computers. We try to be as accommodating as possible, and appreciate the students' cooperation.

If you have any questions about this article, please contact Diane Wade, Computer Services Librarian, at pdwade@samford.edu

Information from the Loislaw web site:

Loislaw.com publishes case law, statutory law, constitutions, administrative law, court rules, and other authority for all 50 states and D.C. plus the 18 most important federal law libraries. All Loislaw.com law libraries are exact duplications of the official law.

Each state or federal library contains from 80,000 to 1.5 million pages of official law. A typical state library includes the following databases: 50-100 years of Supreme Court and Court of Appeals case law; rules of the court for all state and federal courts; complete statutes, with legislative histories and electronic annotations; sessions laws and legislative acts; complete administrative regulations, with histories and electronic annotations; administrative decisions from state agencies, such as Attorney General opinions and labor boards; hyperlinks to all cited state and federal case law and statutes; daily U.S. Supreme Court electronic advance sheets; weekly advance sheets for other jurisdictions.

The search software used by Loislaw.com on both the Internet and CD-ROM, provide speed, searching power and ease-of-use unmatched by other legal research products currently in the market. You don't have to be a software expert to conduct successful research with Loislaw.com. The software guides you through every step of the process.

With Loislaw.com you can:

Search through state and federal cases, statutes, and regulations from multiple jurisdictions at the same time; cite-check case law and statutes electronically; copy and paste directly into your word processor; quickly save searches for re-use; activate LOIS LawWatch™ to automatically notify you whenever a new case or act that fits your search criteria is published by Loislaw.com

A comprehensive Loislaw.com tutorial is available at all times. Extensive help is built into each step of the process, including: common questions for each screen; a simple overview of each page's features; tips for constructing searches navigational instructions for every page.

All full-time Cumberland students and faculty have access to LOISLAW.

Go to: http://www.loislawschool.com

Register your own login name and your own password. The Cumberland Access Code has been sent by e-mail to Cumberland students and faculty. If you need to get it again, check with a librarian. It must be entered in all capital letters.

Students have access at no charge while they are in school, including full access during the summer months and for six months following the date of graduation. Graduates are offered a 50 percent discount on a Professional subscription if purchased within six months after graduation. All registrations will expire each year. Therefore, eligible students and faculty will need to re-register once a year.

For technical assistance, call LOISLAW at 800-364-2512 (24 hours a day, 7 days a week).

Please ... DO NOT remove any equipment from the computer labs.    When equipment is taken from the computer labs, it inconveniences everyone, especially other students.

Instead of turning right onto Montague Drive, as you usually would to get to the Law Library building, you will need to turn left (west) and follow Montague Drive all the way around until you come to the Law library building from the northwest.

This is the last issue of CHECK IT OUT for this semester. Three issues will be published during the Fall semester beginning in August 2000. If you have any ideas or suggestions as to ways we can improve, contact Becky Hutto via e-mail at rmhutto@samford.edu. We look forward to the Fall Semester and new issues of the newsletter.

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