Monthly Archives: October 2021

Costumes gone awry, haunted houses, and nasty decorations – oh my!

Have care while celebrating Halloween this weekend, because as these cases show, Halloween is fertile ground for legal issues:

Mary and her (flaming) little lamb
Susan and Frank Ferlito attended a Halloween party dressed as Mary and Her Little Lamb.  Frank’s lamb costume consisted of hundreds of Johnson & Johnson cotton balls glued to a set of long underwear.  While at the party, Frank tried to light a cigarette using a butane lighter and set his costume aflame, causing burn injuries.

Frank sued. A jury found in favor of Frank, but the District Court held that Johnson & Johnson’s failure to label their cotton balls as flammable was not a proximate cause of Frank’s injuries, that the injuries were not foreseeable, and that the jury’s verdict was against the clear weight of the evidence.  The court concluded, “Plaintiffs…failed to demonstrate the foreseeability of an adult male encapsulating himself from head to toe in cotton batting and then lighting up a cigarette.”  The Sixth Circuit Court of appeals upheld the District Court’s ruling.

Haunted, as a matter of law
Jeffrey Stambovsky bought a waterfront Victorian home in the Village of Nyack, New York, only to find out (much to his horror) that the house was widely reputed to be haunted.  In fact, the seller had reported seeing ghosts in the home in both a national publication (Readers’ Digest) and the local press.  Jeffrey sought to rescind his purchase contract and collect damages.  The New York Supreme Court, Appellate Division, agreed that Jeffrey should be able to rescind the contract and held that as to the purported ghosts haunting the home, the seller “is estopped to deny their existence and, as a matter of law, the house is haunted.”

Dead neighbors
A neighborhood feud over a 38-foot RV led Jeffrey and Vicki Purtell to display a series of tombstones in their yard, each of which chronicled the demise of one of the neighbors involved in the feud.  One tombstone read: “Bette wasn’t ready, but here she lies, ever since that night she died, 12 feet deep in this trench… Still wasn’t deep enough, for that wenches stench!” The Purtell’s lawsuit in this case was brought against the unlucky police officer who was dispatched to mediate the dispute and sued for his efforts, accused of violating the Purtell’s First and Fourth Amendment rights.

Flash Cards and Flowcharts: Optimizing Study for Your Learning Style

Legal study aids are increasingly catering to the vast diversity of learning methods that suit different students best, from visual aids such as flow charts to practice questions to audio and visual resources. Below we have highlighted tools for creating and accessing flow charts (great for visual learners) and flashcards (useful when you need to memorize a lot of information). We highly recommend adding these study tools to your class and exam prep process.

FLOWCHARTS
Flowcharts guide you through a legal issue, asking questions about the facts each step of the way to determine whether an element applies, and whether the analysis should continue. The structure of arrows and boxes is a big help for visual learners who quickly absorb information in tools such as graphics and maps. It can also help break down a complicated legal analysis into manageable, bite size bits, demystifying questions about estates in land or the Erie doctrine.

You can make your own flowcharts in Google Slides. Check out this short how-to video from our Electronic Resources Librarian, Sean Harrington, to learn more. You can choose shapes with the shapes tool that symbolize steps along the way of a legal analysis, such as rectangles for yes or no questions and ovals for the various potential outcomes of the analysis. The line tool includes an option with arrows to help you organize a complicated analysis, including curves and angled lines to help you fit all elements of a rule into your document. Making your own flowchart helps you process the rules yourself, and understand the process in a different way from traditional distilling of the rules into words alone.

The Law Library also offers access to commercial resources with flowcharts through its online study aids subscriptions and print study aids collection; specifically, check out the Emanuel Crunch Time series (available electronically on Wolters Kluwer).

FLASHCARDS
It’s no secret that part of the challenge of studying law is memorizing vast swaths of information. It’s a big part of the bar exam. Your outline is an important part of that process of committing the law to your memory, but reading and rereading does not always work optimally for everyone – that’s where flashcards come in handy.

The Law Library also has a collection of flashcards in its study skills section, and our online study aid platforms have additional resources that may be helpful. Writing your own cards can help you process the information on a much deeper level, though, as you process the law and craft your own rule statements. Here again, Sean Harrington has a video on how Google Slides can help.

Meet with a Librarian for more study tips!

Adding terms and connectors searching to your legal research toolkit

Have you ever searched on Westlaw, Lexis, or Bloomberg and found that your “Google”-like keyword searching is bringing up an overwhelming list of 10,000+ resources, and worse, none of those resources seem useful? When this happens to you, we recommend terms and connectors searching. Terms and connectors searching, also called Boolean searching and advanced searching, will enable you to take charge of your search. It is a way to ensure your search results are comprehensive and precise. We’ve mapped out steps below to help you become comfortable with making terms and connectors searching your default search strategy.

1. Assess the problem
Before you search, consider:
What’s the area of law? Am I familiar with it, or do I need to get some background?
What words (jargon, terms of art) are used in this area of law?
What type of materials do I want to search?

2. Write an issue statement

3. Turn the issue statement into a search query
A mnemonic for doing this is TARC:
Terms
Alternatives
Root expander
Connectors

T = Terms — Identify key terms
Which terms in the issue statement represent the most legally relevant facts and/or issues?  

A = Alternatives — Identify alternatives to the key terms
Brainstorm words that legal writers might use in place of the key terms you identified. Helpful options include listing synonyms and related terms, which may be broader or narrower in scope than the main key term (ex. if the main key term is car, alternative terms could include automobile and vehicle). You can connect these within parenthesis in your search using the OR connector, discussed below.

R = Root expander
Using the ! character (root expander) can help account for different word endings/variations.
– Ex. constit! = constitute, constitution, constitutional…  
– Plurals: the singular will retrieve the regular plural.

C = Connectors
Use connectors to dictate the relationship between the search terms you enter. The two main connectors are OR and AND.
– OR — expands search results
When used between two words, OR means that the results may contain either or both words.
– AND — limits / restricts search results
When used between two words, AND means that the results must contain both words.
– Variations of AND:
w/s — within the same sentence
w/p — within the same paragraph
w/# — within # words (e.g., w/4 equals within 4 words)
The connectors w/s and w/p are particularly useful in issue-based searching. If words are in same sentence or paragraph, there is a greater chance they’ll relate to one another and to your issue, and therefore that the document will be relevant.

Phrase Searching
Always put phrases in quotation marks.

4. Write out your search query with all the terms, alternatives, root expanders, and connectors in place
Here is an example of how an issue statement related to drunk driving can be crafted into a terms and connector search:

Issue statement: Is an individual who was found asleep in his car, which was parked on the side of the road with the engine off but the keys in the ignition, guilty of driving under the influence?

Terms and connector search: (asleep OR unconscious OR “passed out”) AND (“drunk driving” OR DUI OR intoxicated OR inebriated) AND ((car OR vehicle OR automobile)/s (park! OR stationary))

When running a terms and connectors search, what you are doing is specifying the relationships that must exist between the terms in your retrieved documents, instead of letting the database search algorithm determine those relationships for you. In Westlaw, a space between terms is by default interpreted as an “OR” connector (first amendment = first OR amendment); in Bloomberg Law, a space between terms in interpreted as an AND connector (first amendment = first AND amendment); in Lexis, it depends on the other connectors in the search as to how the space in interpreted by default. Don’t let the databases push you around! Using terms and connectors searching puts you in control of your search.

For individualized help with terms and connectors searching, make an appointment with a law librarian!

Blazing Your Research Trail

We’ve all been there. An ember of a memory of the perfect case or statute we read a few days ago faintly glows. It’s the tantalizing last vestige of a source whose value we failed to initially recognize.

Cases and other resources we too hastily reject may not be lost forever. We can find traces of them through an analysis of our research history on our commercial research databases, or by wading through our recent internet browsing history. We might even have names at the tip of our tongue: Hammer v. Safeway? Annoyer v. Peff? But mining the lost, mislaid, or abandoned gems can become very taxing, and it takes up precious research time.

The Ross-Blakley reference librarians have suggestions for keeping track of your research (often referred to as a research trail) to make sure you don’t wander lost again!

  1. Keep a research log. This can be handwritten or electronic – choose a method/tool that works best for you. We have seen Excel work for this, as well as simple Word docs, or even printouts of cases stored in a tabbed binder. Even if you cross off a case or other source because it doesn’t seem to have much connection to your legal issue at first blush, the law can take you strange places, and you may want to revisit those sources later. Pro tip: Track the case name, key facts, holding, and key reasoning to create an explanatory parentheticals efficiently later.

  2. Follow a trusted secondary source. It’s dangerous to go alone! Long, convoluted case opinions are trying to resolve a legal dispute, where legal treatises, encyclopedias, and hornbooks succinctly and efficiently explain how legal rules operate in practice. Researching beginning with cases can lead you down unfortunate rabbit holes so we recommend starting with a secondary source 100% of the time. Westlaw and Lexis have excellent secondary sources; the ASU Library catalog is another resource for accessing secondary sources such as legal treatises, journals, and more.

  3. Utilize highlights, notes, folders, and sharing. Westlaw, Lexis, and Bloomberg all have folder systems in which you can save materials to access easily later. To highlight and take notes in Westlaw, just select a passage of text and when you let go, you’ll have an option to highlight or make a note. You can then save your highlighted, annotated case into a folder, where your notes will be preserved. Lexis has similar features, with the history button on its homepage and in the top bar on every page, and with the “Folders” button hidden under the “More” option in the top right corner. Both databases enable you to copy passages into Word or Excel documents by highlighting them and clicking on Copy with Reference (Westlaw) or Copy (Advanced) (Lexis).

  4. Meet with a Law Librarian to get tips on how to research efficiently and confidently. We can help guide you to secondary sources, help you navigate folders, highlights, and notes, and discuss best practices for research to help you on your journey toward a completed memo or GWR paper.

Andrea Gass, Reference Librarian

Highlights from Justice Sandra Day O’Connor’s Personal Library

Last year the family of Justice Sandra Day O’Connor generously gifted the Sandra Day O’Connor College of Law and the Ross-Blakley Law Library with a significant collection of books from Justice O’Connor’s personal library and mementos from her long legal career. Many items from this gift will be added to the print collection of the Law Library and displayed in the College of Law’s fifth floor reading room in the year(s) to come; during that time we will be spotlighting some particularly interesting titles and items here on the blog.

Today we are showcasing two Arizona-specific titles, both gifted to Justice O’Connor in the 2000s. Arizona Sketchbook, published in 1952, was written by prominent Arizona businessman and political activist, Frank Cullen Brophy. The Arizona Historical Society provides some brief biographical information on Brophy and his family here.

Justice O’Connor’s copy of the Arizona Sketchbook, which features fifty historical sketches of Arizona landscapes and landmarks, includes a lovely inscription from Margaret McChesney, a granddaughter of the author. McChesney wrote:

To Justice Sandra Day O’Connor,
A true Arizona pioneer.
With greatest respect and
sincere appreciation for
your contribution to our
State and our country.

Arizona Nights, a 1907 book described by the publisher as “A series of spirited tales emphasizing some phase of the life of the ranch, plains and desert, and all, taken together, forming a single sharply-cut picture of life in the far Southwest,” predates Arizona statehood!

Justice O’Connor’s copy of the book includes a handwritten note on stationary with heartfelt details making it clear the gift was from a family friend who knew Justice O’Connor and her husband, John O’Connor, well. The author of the note states that “the illustrations…are terrific period pieces. I thought it might amuse you or your grandchildren to read about the impressions of Arizona in a bygone time.”

Stay tuned for future glimpses into Justice O’Connor’s personal library – we look forward to showing you more of the many wonderful titles she owned!

First Monday in October

The Supreme Court’s 2021-2022 term begins today, the “first Monday in October” as laid out in 28 U.S.C. § 2. There are some changes coming to the way arguments will be held this year – while the Supreme Court building remains closed to the public in response to the coronavirus pandemic, oral arguments will resume inside the courtroom. The Court will continue a practice that started during the pandemic, however, in which the justices have an opportunity to ask questions of an attorney in order of seniority; the traditional question free-for-all will still be in place as well. You can read about these changes in the Court’s Guide for Counsel in Cases to be Argued before the Supreme Court of the United States.

If you are interested in previewing what is likely going to be a controversial term, take a look at the American Bar Association’s Preview of United States Supreme Court Cases for the October 2021 term on HeinOnline (ASURITE required).

Oyez is another resource for information on cases that will be heard in the 2021-2022 term. Each case entry includes a summary of the facts and the questions(s) presented before the Court. SCOTUSblog likewise provides excellent coverage of upcoming Supreme Court cases, and links to PDF copies of case filings when available.

For more information on the Supreme Court, including resources for accessing Court dockets, briefs, cert petitions, oral arguments, and more, check out the Law Library’s Supreme Court research guide.