Celebrate Constitution Day with the New Constitution Annotated

Constitution Day commemorates the formation and signing of the U.S. Constitution on September 17, 1787.  To celebrate this year’s Constitution Day, the Law Library of Congress is launching the new online Constitution Annotated. Prepared by the American Law Division of the Congressional Research Service, it provides a comprehensive overview of how the Constitution has been interpreted over time. The website brings the Constitution Annotated into the 21st century with Boolean search capabilities, case law links, browse navigation and related resources. The new Constitution Annotated is not only a historical record but also an analysis of current constitutional understandings.

The new website is a great example of the Library’s mission to put users first, says Carla Haden, Librarian of Congress. It maximizes public access to the Constitution Annotated and, through it, to the Library’s expansive collections: now people across the country can access and use the same resources that are available to Members of Congress.

Happy Constitution Day!

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Professor Saks and the Psychology of Criminal Law

Picture1In addition to his first-year criminal law class and his upper-level course on empirical, scientific evidence and the law, Professor Michael Saks extensively researches the science behind the law, including social psychology. He has been involved in more than a dozen book projects touching on science and the law.

His most recent book, The Psychological Foundations of Evidence Law, examines how the rules of evidence limit lawyers’ ability to use psychological techniques to influence judges, juries, and witnesses to promote fair, accurate trials. He has also been involved in academic treatises concerning scientific evidence and expert testimony. He has written on social psychology, and the pressures that small groups, such as juries of fewer than twelve people, may exert to force dissenters to join the dominant group.

Professor Saks is prolific in the legal and scientific academic communities. His most recent article Capital and Punishment: Resource Scarcity Increases Endorsement of the Death Penalty, appeared in 2019 in the scientific journal Evolution and Human Behavior and presented findings supporting the hypothesis that areas with heightened concerns about resource scarcity are more likely to endorse putting criminals to death.

He has published extensively in Arizona State University’s scientific-legal journal Jurimetrics, with his most contribution coming in 2018: Granular Patient Control of Personal Health Information: Federal and State Law Considerations. This article concerned the increasing control over health records that patients can control and analyzed Arizona and federal law concerning particularly sensitive medical information. Psychological Aspects of Food Biodesign (with ASU Professor Roselle L Wissler) examined public anxiety regarding genetically modified foods; Jurors and Scientific Causation: What Don’t They Know, and What Can Be Done About It? (suggested ways of improving juries’ ability to evaluate scientific evidence; and Parallels in Law and Statistics: Decision Making Under Uncertainty (with ASU Professor Samantha L. Neufeld) analyzed the parallels between statistics and law in how to make concrete decisions with incomplete information.

He has also published in the Arizona State Law Journal, presenting a model act law students helped produce to prevent erroneous convictions in Model Prevention and Remedy of Erroneous Convictions Act.

His recent works include Improving Judge & Jury Evaluation of Scientific Evidence in which he explores the paradox inherent in the legal system in which judges must evaluate the validity of expert testimony intended to assist judges and juries with matters beyond their understanding; Methodological Triangulation, in which he presents a new, efficient approach to studying jury behavior and how to affirm the validity of certain experiments by comparing their results with other analytical methods; and The Disregarded Necessity: Validity Testing of Forensic Feature-Comparison Techniques, in which he suggests a shift away from the customary acceptance of forensic science evidence despite questionable empirical foundations.

You can read Professor Saks’ scholarship in the Law Library’s Faculty Scholarship Repository. If you have interest in criminal or scientific/legal research, the reference librarians can help you get started on an article of your own. Stop by the third floor reference desk during reference hours or make an appointment to Meet with a Librarian.

Andrea GassLaw Library Research Fellow

Bloomberg Law: In-Focus Content

What is it?
In-Focus pages are intended to be a one-stop-shop for issues that are currently in the headlines.  They have everything from introductory materials, to links to statutes, to news alerts.  They are a curated in-depth analysis so that an attorney could feel competent dealing with a complicated or technical issue.

Think of them like a Wikipedia page on steroids…. but for legal professionals.

Who makes them?
Bloomberg hires prominent attorneys in the subject fields to collect these materials – people who have extensive knowledge of the subject matter and can anticipate what an attorney would want to know.

For example, Laura Jehl, who has years of experience in securities, privacy, and cybersecurity has drafted the In-Focus: Blockchain (she even advises the DOJ and FBI on these issues).

But what is in them?
Let’s take a closer look at the In-Focus: Blockchain page that I’ve linked above.  Here’s a video to lead you through the process of navigating there.

I won’t cover everything but I’ll give you some highlights.  Top Right (1) you can see that they have a few different Primers (of different depths and scopes).  Dead center (2) they have Bloomberg Law Trackers – these are machine algorithms that go out into the web and scrape data related to the topic.  Just below that (3) they have Bloomberg Analysis, which is generally a deeper look at contemporary topics by legal professionals (like a news article but written by an attorney instead of a journalist).  Further down and on the right sidebar (4) they have links to Dockets and Court Opinions about blockchain – you can see the most recent litigation or search within this subject-specific database.  Wayyyyy down at the bottom (5), they have a map that shows how each state is dealing with regulation (you can click-through to see the actual legislation).

What other topics are covered?
They add new topics as trends emerge.  Here’s a random sampling:

Sean Harrington, Reference/Electronic Resources Librarian

Warming Up to Cold Calls or How I Learned to Love the Socratic Method

Facing a yes-or-no question in Civil Procedure, I confidently responded, “no!”

“I’m looking for an alternate answer,” the professor replied, with a sympathetic chuckle.

Each new semester of my three years here brought up a familiar worry: What if the professor is tough on cold calls? Fortunately, there’s not much need to worry. Everyone messes up a few cold calls or gets a wrong answer here or there, and nobody remembers those moments for long! But we are law students and want to do the best we can, so here are some tips to sharpen your Socratic skills:

  • Speed reading: It may be helpful to familiarize yourself with the basics on cases by skimming through, or examining the headnotes on Lexis Advance or Westlaw before a close re-read, and a briefing that neatly summarizes the rule of law and the court’s reasoning. Law case reading is a skill that you can master with practice. Try to recognize your assumptions about the law, and open your mind to the law the courts will apply. For more tips on reading cases, see LexisNexis’ guide: How to Read a Law School Casebook.
  • Find your study aid: The law library’s study skills collection offers a huge variety of guides through Wolters Kluwer, West Academic, and CALI.  But don’t stress about using everything; you get an edge by understanding course material, and some guides may contain information on doctrines that are not on your syllabus, in your reading, or in the class discussion. No need to worry! Just find the study strategy that works for you when you need it, and focus on what your professors want you to know. Learn more about study aids here: 1L Resource Guide: Study Materials and here How Do I Know Which Study Guides are Right for Me?
  • Case briefing: Whether you are highlighting, book briefing by marking the areas of text containing issue statements or the controlling rule, or composing marginalia as you study and write your case brief, focus on identifying the most important facts, rules, and the specific reasons the court ruled the way it did. Are you highlighting all the facts, or more effectively zeroing in on the key details that the court identified as the determining factor? It’s a skill you can learn, and CALI provides a lesson on effective case briefing.
  • Active listening: Even when you don’t get the cold call, try to imagine how you would answer if you were on the hot seat. The professor teaches the whole class through each individual student’s cold calls, and by noticing the right things, you can give yourself an edge for finals week. And you will start to understand better what factors the court considers when deciding points of law if you pay close attention. It’s a skill that will serve you well in the courtroom or a meeting with the partners. Learn more about active listening here, Active Listening and here, Listening Skills in the Law School Classroom.
  • Meet with a Librarian: With JDs and experience instructing students, the Ross-Blakley Law Library’s reference librarians can answer your questions and set you up to succeed with your legal research, writing, and doctrinal studies. Make an appointment to Meet with a Librarian or contact us with questions: Ask a Librarian.

Andrea GassLaw Library Research Fellow

How Do I Know Which Study Guides are Right for Me?

Are you rudderless in a sea of books, guides, and online materials? Do you need help taming an onslaught of resources? Help is here. The Law Library’s Electronic Services Librarian, Sean Harrington has prepared a succinct study skills materials chart to guide you through the semester:  Study Aids Chart

Sean says, primarily the reason we collect such a wide range of study material is because they present (usually similar) material differently – we want to accommodate for different learning styles. To determine which you like the most it is best to skim the content (either in the library or online) to see which sparks your interest.

Secondarily, some of the materials serve different functions: One title may restate class materials in a summary form (Examples & Explanations), while another may give you a boatload of practice multiple choice questions (Q&A), and another may be audio lectures for your commute (Sum & Substance).

We hope the chart helps and remember you can always Meet with a Librarian.

Study Aids Chart

1L Meet with a Librarian Contest!

1Ls: Would you like some expert help and a chance to win a signed copy of Prof. Noreuil’s book, The Zen of Law School Success? Make an appointment to Meet with a Librarian and you will be entered into a drawing to win one of 6 copies of Prof. Noreuil’s book which offers a comprehensive approach to succeeding in law school based on the principals of simplicity and balance.

Our expert librarians can provide you with 1L memo and graduation paper assistance. They can teach you how to conduct a preemption check, help you choose a paper topic, offer feedback on your research strategies, Bluebook guidance, and so much more!

Help is just an appointment away.

Meet with a Librarian Contest Slide Noreuil 2018The deadline to enter is October 31, 2019.

Faculty Spotlight: Professor Bradshaw and the Stakeholders of Sustainability

Although she’s not on campus this semester, Professor Karen Bradshaw has been as busy as ever, recently publishing her latest article, Agency Engagement with Stakeholder Collaborations, in Wildfire Policy and Beyond, in the Arizona State Law Journal.  In it, Professor Bradshaw explores the ways that agencies in Washington, D.C., incorporate local concerns in land and natural resource decisions, focusing on Arizona, Alaska, and Maine.

Following a semester in which she added a second first-year course—Property, in addition to Contracts, to her teaching load, Professor Bradshaw plans to publish four more law journal articles this year, for a total of at least six in 2019. She teaches Environmental Law and Natural Resources Law at Arizona State. She also has taught courses on Animal Law and Land Use Planning.

Professor Bradshaw’s forthcoming book, The New Animal Rights: Saving America’s Wildlife by Uncovering the Biological Origins of Property, proposes novel legal principles to protect American wildlife facing increased hardships from natural disasters, pollution, and human development. Recently, in the Harvard Environmental Law Review, she has criticized the tactic of relocation as a means of protecting endangered species whose habitats are in high-value land being developed for human use.

Previously, she has called for animals to receive legal property rights as a means of protection in Animal Property Rights. She explored the use of non-binding agreements to build relationships between government agencies and private parties in Agency Coordination of Private Action: The Role of Relational Contracting. She  examined “givings” laws, or statutory financial windfalls, that supposed beneficiaries no longer want in Using Takings to Undo Givings and analyzed how failed predictions of environmental catastrophes undermined public engagement in future problems in The Short-Term Temptations and Long-Term Risks of Environmental Catastrophism. Peer review identified her study on the impact of settlements to pay for natural resources damages, Settling for Natural Resource Damages, as one of the top environmental and natural resources law articles of the year.

You can read more of Professor Bradshaw’s scholarship in the Law Library’s Faculty Scholarship Repository. If you have interest in environmental or natural resources research, the reference librarians can help you get started on an article of your own. Stop by the third floor reference desk or make an appointment to Meet with a Librarian.

Andrea Gass, Ross-Blakley Law Library Research Fellow

1L of a Ride Video Course and Much More from West Academic

West Academic has a video course for first year law students. The 1L of a Ride video course is by Andrew McClurg, a professor at the University of Memphis School of Law. He wrote the law school prep book, 1L of a Ride on which this course is based.

You may also want to take a look at these digital books from West Academic.

Critical Reading for Success
Presents critical reading strategies in a systematic sequence so you can become an effective reader in both law school and in practice.

Get a Running Start
Covers all the major concepts taught in each of the courses most commonly offered in the first year of law school.

A Short and Happy Guide® to Being a Law Student
Learn how to be your best in and out of class, how to prepare for exams, how to cope with stress, and how to create value in everything you do.

If you don’t have a West Academic account, you can create one here:  subscription.westacademic.com

 

Wolters Kluwer and West Academic Online Study Aids – Your Keys to Success

Welcome to all our new students and welcome back to our continuing students. The Law Library is pleased to make available to you two online study aids services.

Wolters Kluwer Online Study Aids provides unlimited online access to hundreds of titles. Some series that are available include:

  • Examples & Explanations (a law student favorite)
  • Emanuel Law Outlines
  • Glannon Guides
  • And much more!

Click here to access WK Online Study Aids

You must be on the ASU campus to create an account. On the WK Study Aids home page, you will see Arizona State University College of Law in the upper right corner. Click To Personalize Login or Create an Account. Once you create an account, your WK login will ensure off-campus access to the study aids if you use this link: https://ebooks-aspenlaw-com.ezproxy1.lib.asu.edu/bookshelf.   You will also be able to print, download, highlight, and take notes. You can download the WK Study Aids Mobile App and study anywhere. 

West Academic Study Aids offers you easy online access to hundreds of study aids, treatises, and audio lectures to help you succeed in law school. To access the collection, click here West Academic.

You must use your ASU email address to create an account. West Academic will recognize you as a member of the ASU community and allow you to create an account when you use your ASU email address as your username. Once you create an account, your West Academic login will ensure off-campus access to the study aids and will also enable you to print, download, highlight, and take notes. You can download the West Academic Library Mobile App and study anywhere.

If you have any questions, please email Leslie.Pardo@asu.edu.

Have a great semester!