Research Tip: Use Notes of Decisions to Quickly Find Relevant Cases Interpreting a Statute or Regulation

This is a good tip from the Westlaw Legal Solutions blog:

Have you ever searched in cases for a procedural issue and come up empty? Are you not sure how a court might refer to a particular word or concept in a statute or rule? If so, please do not hesitate to make Notes of Decisions your starting point. Notes of Decisions are short summaries of cases interpreting a particular aspect of the statute or rule and can quickly help you find what you need because they are organized by common procedural topics.

10 Tips for Better Legal Writing

Bryan Garner has a post up at the ABA Journal on legal writing.  We especially like tip number 2:

2) Don't rely exclusively on computer research. Combine book research with computer research. Don't overlook such obvious resources as Corpus Juris Secundum and American Jurisprudence. Look at indexes, digests and treatises to round out your understanding of the subject matter. And when it comes to computer research, don't forget Google Books (especially the advanced-search function): It can open up a great variety of fresh resources in addition to what you find with Westlaw or Lexis.

The Law Library has several books by Garner and on legal writing in its collection.

Save the Date: Westlaw Classic Will Be Retired on August 21, 2015

West has announced Westlaw Classic's retirement date: August 21, 2015. Read more on the Legal Solutions blog and download the free user guide "Comparing Westlaw Classic to WestlawNext," to help you make the transition.

Additionally, the Law Library offers a variety of WestlawNext training opportunities. The next class, WestlawNext Refresher, will be held on December 10 from 10:30-11:30* a.m. in Room 107 of the Law Library. There will be additional classes scheduled in March and June as part of our quarterly Westlaw training series, and we will probably add additional sessions to help patrons make the transition. If you would like to meet with our Account Manager for individual training, she generally comes to Carson City monthly, each second Wednesday.  Call (775-684-1640) or email (reference at nvcourts dot nv dot gov) to schedule an appointment or to sign up for a webinar.

*Edited on 12/1/14 to change time from 9-10 to 10:30-11:30.

From the Thomson Reuters Westlaw Library Relations Newsletter, October 2014:

New Title Added to USCA:  Title 52 Voting and Elections

A new subject matter title, Title 52 Voting and Elections, has been created within United States Code by the Office of the Law Revision Counsel, an independent, nonpartisan office in the U.S. House of Representatives.  It is important to note: 

• Title 52 contains provisions that are being relocated from Titles 2 and 42

• No substantive content has been altered  

• The relocated provisions have new citations

• The Westlaw USCA team was notified by the Office of the Law Revision Counsel of the Title 52 addition several weeks in advance of the release of the United States Code on the government’s website

• The Westlaw USCA team transferred code text, credit provisions, and all of our editorial features including editorial notes and Notes of Decisions

• The new title was released to Westlaw on September 3, 2014 

Find out more on the Legal Solutions Blog.   

Westlaw Tip of the Week: Searching Secondary Sources More Efficiently

This is an old(ish) Tip of the Week, but still helpful information.  One tip I give our patrons is WestlawNext can be a good way to identify relevant chapters of treatises, since it searches across the entire West platform, not just the materials included in our contract.  And, if your search retrieves documents that are not included in our plan, come see the reference librarians and we will help you find the treatise in print.  The Law Library has an extensive collection of West treatises in print and if we don't have it we might be able to borrow it from another library.

Finding the document you need within Secondary Sources may take time, especially if you are starting a new research project and are searching through all Secondary Sources on WestlawNext. Here are some tips to make this process easier.

Narrow the Results List Using FiltersThe filters are especially helpful when you are looking for a Secondary Source from a particular jurisdiction. For example, try setting your jurisdiction to California and then run a search for “equitable estoppel”:

- See more on the Legal Solutions Blog.

Westlaw Tip of the Week: Why WestlawNext?

Still using Classic Westlaw?  You might want to check out the West Legal Solutions Blog for tips on Westlaw and WestlawNext:

WestlawNext has many resources beyond cases, statutes, and secondary sources. Knowing what they are, where to find them, and how to use them can greatly increase your research efficiency. - See more on the blog.

Another Tip of the Week covers historical statutes:

Legal research often requires us to find prior laws. For example, you may need to view the statute that was in effect on the date a legal matter actually occurred. Likewise, the proper application and understanding of legislative intent behind a current law often requires examining older versions of that law. There are several ways to find prior laws on WestlawNext.

Free WestlawNext Training and CLE at the Law Library

On Wednesday, March 19, 2014, in Room 107 of the Law Library, we will be offering the following two CLE programs:

10-11a - Introduction to WestlawNext (1 hour of general credit)
11a-12p - Legal Ethics and Professional Responsibility Using Westlaw (1 hour of ethics credit)

Introduction to WestlawNext
*New easy to use interface
*Search from an all-in-one search box
*Customize your display of information
*Browse faster with case summaries
*Track research with visual indicators
*Sort and filter results
*Email and download your search results

Legal Ethics and Professional Responsibility Using Westlaw
*Research strategies for searching primary and secondary sources of law on legal ethics and professional responsibility

RSVP by calling the Reference Desk (775-684-1640).

Research Tip: How to Trace Federal Legislation - A Research Guide

There's a great post up today on In Custodia Legis, the blog of the Law Librarians of Congress, titled How to Trace Federal Legislation - A Research Guide.

Any given provision in the current U.S. Code may be the product of multiple acts passed over a long period of time. So, how do you unpack the provision and discover the different acts that gave rise to a particular section of the Code? Tracing legislation from the Code back to the bills, public laws, and Statutes at Large that created it may seem daunting for the uninitiated, but we hope this research guide will help simplify the process.

Looking for Government Documents During the Shutdown?

HeinOnline is a good source for government documents generally and especially now with the government shutdown.  Check out the recent blog post on how to find government documents on HeinOnline:

The government may be closed for all non-essential business, but at HeinOnline we are hard at work to ensure that you have access to the most up-to-date information as well as historical archives for many government publications. Check out what we have in our U.S. Federal Agency Documents, Decisions and Appeals collection. Looking specifically for the Congressional Record or a particular Congressional Hearing? Try our U.S. Congressional Documents collection, where we update the Congressional Record Daily after each day of congressional activity and the Congressional Record itself goes back to inception! Also included in HeinOnline are the United States Reports, Federal Register, Code of Federal Regulations, National Labor Relations Board Decisions, and many more!

The Law Library subscribes to HeinOnline.  Court-affiliated users may find the login and password on the intranet.  Public patrons may access HeinOnline from one of our public access computers.  Ask for assistance at the reference desk.

Is the NRS Updated Yet?

No, LCB staff is hard at work codifing acts passed by the 2013 Legislature.  We do not expect to receive the 2013 Nevada Revised Statutes until November or December.  Supplements to Lexis' Michie's Nevada Revised Statutes Annotated and West's Nevada Revised Statutes Annotated should be available shortly thereafter.

In the meantime, update the 2011 NRS Reprint using the tables and indices available on the LCB's 2013 Bill Information page. 

• If you have a NRS section and want to know if it has been updated, use the table of sections proposed to be amended or repealed.
• If you have an NRS chapter and want to know if it has been amended, use the table of chapters proposed to be amended by the addition of new sections.
• There are also tables for amended titles and titles and sections amended by initiative petition, as well as a subject index.

If you prefer print, you can use the tables in the 2013 Statutes of Nevada advance sheets (REF KFN625 .A2 2013 and READY REF KFN625 .A2 2013). The bound 2013 Statutes of Nevada has not yet been published, and will be added to the collection as soon as it is available.

A word of caution:  don't think you can avoid updating by using Westlaw and Lexis.  Currently the NRS available on Lexis and Westlaw is the 2011 version, though there should be red Shepard's and KeyCite flags for those sections which have been amended.  Titles and chapters, however, are trickier and it is good practice to review the tables linked above.

Oh, and when you are done with the 2013 session, you can do it again with the tables for the 27th Special Session.

tl;dr:  no, use these tables to update the 2011 NRS.

Treatise Spotlight: Handling Federal Tort Claims



Handling Federal Tort Claims


Title:  Handling Federal Tort Claims: Administrative and Judicial Remedies, 3d
Author:  Lester S. Jayson and Robert C. Longstreth
Publisher:  Matthew Bender
Last Update:  July 2013

Description:  A three-volume treatise detailing the process of seeking remedies from the federal government for injuries caused by the tortious conduct of its employees. The treatise can be used as a reference by both claimants’ and government attorneys. The treatise is heavily annotated with discussions of relevant cases and includes numerous regulations and forms.

Description from first volume.

Treatise Spotlight: The Complete Understanding Series

The Nevada Supreme Court Law Library subscribes to the Complete Understanding Series by LexisNexis. This series gives the reader an expansive and thorough high-quality, well-organized analysis and discussion on over 50 different law subjects. Whether it's Torts or you're struggling to understand Secured Transactions or Trusts and Estates or Evidence or Lawyers’ Ethics, etc. you'll find explanations from subject matter experts and well-known scholars and professors at some of the world's most prestigious institutions.

Titles in the Complete Understanding Series are ideally formatted to provide the reader with the essential foundation for a full and clear comprehension of the subject area, and are designed to provide an organized and accurate presentation of the material, including more in-depth treatments for particularly challenging areas. An index and glossary allow you to quickly find the material you need and look up key terms that are unique to a particular field.

To browse the books in the Law Library's collection type: http://lawlibrary.nevadajudiciary.us/

Click on Catalog and in the Quick library search box type: Understanding series.

The Library holds over 40 of the 50 titles.

Legal Drafting: A Beginner's Guide

There is an informative post on legal drafting on the Library of Congress' In Custodia Legis blog. 

Legal drafting is a very structured method of writing that can prove intimidating to the uninitiated. In this Beginner’s Guide, we will recommend some sources that will help you excel in the legal drafting process.

The Nevada Supreme Court Law Library subscribes to several of the form books listed, as well as to many others.  To browse the form books in the Law Library's collection, go to our online catalog and type:

forms (law) united states

into the Quick Library Search box and click on the Subject icon.  Or, you could just click on this link. 

For Nevada-specific forms, follow the instructions above but replace the words united states with nevada, or click here. 

Additionally, the Law Library subscribes to HeinOnline's Spinelli's Law Library Reference Shelf, which includes an extensive collection of Legal Dictionaries. 

Treatise Spotlight: Collier Bankruptcy Practice Guide

Title:  Collier Bankruptcy Practice Guide

Author:  Alan N. Resnick

Last Update:  Release 92, April 2013

The Collier Bankruptcy Practice Guide, written by over 40 prominent bankruptcy attorneys, is an authoritative strategic and procedural guidebook that combines legal analysis with practical procedural and strategic advice, practice aids such as checklists and forms, and the relevant rules and primary source material of all the local bankruptcy courts in a single all-inclusive guide. Each chapter begins with an overview, explaining the issues to be covered and how those issues affect bankruptcy practice. The discussion of each issue includes strategic and practical advice as well as practice aids and other timesaving features. Up-to-date coverage of developments in bankruptcy practice and procedure, including the landmark Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, insures that decisions are based on the cutting edge of the law.

The Practice Guide includes:

• Strategic guidance and practical advice
• Checklists for both debtor and creditor
• Practice-tested forms, including litigation forms, with cross-references to the Practice Guide, Bankruptcy Code, and Bankruptcy Rules
• Discussion of the Bankruptcy Rules and their impact
• The full text of local rules for all jurisdictions, including local bankruptcy forms and orders, organized by circuit in convenient, easy-to-use, soft-bound pamphlets

Description from publisher's website.

Treatise Spotlight: Age Discrimination

Title:  Age Discrimination, 2d
Author:  Howard C. Eglit
Last Update:  May 2013

Description:  Containing well-rounded views of age discrimination from perspectives of both employee and employer, this resource provides a complete, analytical explanation of the Age Discrimination in Employment Act (ADEA).  Contents include ADEA information on topics such as who is protected and who must comply; prohibitions and requirements; statutory affirmative defenses; regulatory exemptions; waivers of liability; federal employees and job applicants; enforcement in nonfederal sectors; and remedies, fees, and costs.  Plus, numerous appendices provide access to ADEA statutes and EEOC policy statements.  Table of Cases and index for handy reference. 

Features:

• Explores perspectives of both employee and employer on age discrimination questions
• Provides complete, analytical explanation of ADEA
• Convenient appendices include ADEA statutes and EEOC policy statements
• Table of ADEA cases for handy reference

Description from publisher's website. 

Treatise Spotlight: California Marital Settlement and Other Family Law Agreements

Title: California Marital Settlement and Other Family Law Agreements
Author: Amyx, Carol; Blair, Sandra
Publisher: CEB
Edition: 3rd
Last Update: 4/2013

Description: Ensure that your drafting is easy and correct with this comprehensive guide that also covers premarital, marital, and nonmarital cohabitation agreements.

• Over 250 forms including child custody, visitation, child and spousal support, division of community assets and debts, and attorney fees and costs

• Key assets such as the family residence, retirement benefits, and closely held businesses

• Income tax matters

• Negotiating and implementing the agreement

• Using mediation and collaborative practice

• Includes both individual clauses and complete sample agreements

Description from publisher's website. 

ABA Journal Article: Are digitization and budget cuts compromising history?

There's an interesting piece on efforts to digitize and authenticate legal materials - including the Uniform Electronic Legal Materials Act - in this month's issue of the ABA Journal: 

While librarians see an enormous upside in increasing public access to material that once was buried in less romantic storage facilities, they are concerned about the accuracy and preservation of legal information that is “born digital,” according to Michelle Wu, director of the Georgetown Law Library.

Wu says the concerns facing modern law libraries are incredibly complex, noting that it’s difficult to keep up with the sheer volume of legal information being generated. She worries about legal information being kept behind subscription walls, and wants to feel confident that libraries have the capacity to capture new information and ensure access to it in perpetuity.

“So much is now represented by what’s online,” Wu says. “The concern is that materials that are not online will disappear from history and won’t be part of our societal knowledge.”

Treatise Spotlight: Electronic Commerce: Taxation and Planning

Title:  Electronic Commerce:  Taxation and Planning
Author(s):  David Hardesty
Last Update:  2013 Supplement (March 2013)

The only tax planning resource that addresses the rapidly changing world of Internet commerce.  The first and only authoritative treatise on electronic commerce taxation and planning, this invaluable resource addresses the special strategies and solutions needed by electronic commerce enterprises.

Details:

With Electronic Commerce: Taxation and Planning you'll be able to identify and resolve the federal, international, and state tax and planning issues unique to electronic commerce transactions.

This comprehensive treatise is packed with numerous case studies and examples illustrating the application of both new and traditional tax principles to this uncharted business area. David Hardesty provides expert guidance to assist practitioners and electronic commerce enterprises in making informed planning decisions. The treatise also features an easy to use state-by-state guide on the tax treatment of electronic commerce.

Table of Contents:

• Chapter 1: Overview
• Chapter 2: Electronic Commerce Fundamentals
• Chapter 3: Web Sites
• Chapter 4: Privacy and Security
• Chapter 5: [Reserved]
• Chapter 6: Tax Compliance
• Chapter 7: Web Site Development Costs
• Chapter 8: Acquisitions and Dispositions of a Web-Based Business
• Chapter 9: Web Site Valuation
• Chapter 10: Introduction to International Taxation of E-Commerce
• Chapter 11: Outbound Transactions
• Chapter 11a: Value Added Tax and E-Commerce
• Chapter 11b: Character and Source of Income From Electronic Commerce
• Chapter 12: Inbound Transactions
• Chapter 13: Foreign Corporations Owned by U.S. Persons
• Chapter 13a: Transfer Pricing and Electronic Commerce
• Chapter 14: Sales and Use Tax
• Chapter 14a: Streamlined Sales and Use Tax Agreement
• Chapter 15: Multistate Income Tax
• Chapter 16: Digital Products
• Chapter 17: State Tax Summaries
• Chapter 18: Revenues and E-Commerce
• Chapter 19: E-Commerce Tax Policy
• Appendix A. E-Commerce Tax News Archives

Description from publisher's website.

Treatise Spotlight: Contract Enforcement

Title: Contract Enforcement

Author: Edward Yorio and Steve Thel

Edition: 2nd
Last update: 2013 Supplement

Description: Contract Enforcement, Second Edition covers every aspect of the availability and inherent limitations of equitable remedies in such contract areas as:

• Real estate
• Sale of goods
• Intangible personality
• Construction contracts
• Covenants not to compete
• Wills and other property agreements
• Employment agreements
• Franchise agreements
• International trade

You will find in-depth analysis of the policies that underlie contract remedies, as well as clear explanations of the practical consequences of those policies in contract litigation. The effect on availability of equitable relief of such factors as:

• Right to a jury trial
• Legal limits on contract damages
• Disgorgement of profits
• And agreed remedies are also examined

Throughout the book, you'll find concise analysis of all significant specific performance cases, legislation, and commentary.

Description from publisher's website.

Treatise Spotlight: The Right to Die: The Law of End-of-Life Decision Making

Title: The Right to Die: The Law of End-of-Life Decision Making
Author: Alan Meisel
Publisher: Aspen
Edition: 3rd Ed.
Last Update: 2013 Release

Description: The Right to Die, Third Edition analyzes the statutory and case law surrounding the profound issues of end-of-life decisionmaking. Whether the situation calls for long-term planning or quick, unexpected decisionmaking, this cogent, one source treatise guides you through all the available channels for helping your clients reach the ultimate resolution.

This comprehensive edition guides general practitioners, elder law, health law, and health care professionals through complex issues pertaining to passive and active hastening of death and such subsequent statutes as The Oregon Death with Dignity Act. Also covered in the Third Edition are such issues as:

• Civil and Criminal liability for such efforts
• Do-not-resuscitate orders
• Advance directives
• Health care powers of attorney
• Palliative medical care
• Decision making for children and newborns
• Surrogate decisionmaking statutes
• Resolution in a clinical versus a court setting
• And much more

Description from publisher's website.