Monthly Archives: September 2011

Legal Movies at TJSL

This week, the ABA Journal has published a list of the top 25 law related videos for lawyers to view.

We have most of the videos available at the TJSL library in the display case near the 4th Floor Circulation desk. The last two that we do not currently have are being ordered for the library and will be available soon.

Here is a TJSL Research Guide showing the list of available videos and indicating how to search ThomCat for additional videos not on this list.

 

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Why is it important to be able to do California legal research in print?

Today, Tuesday, Sept. 27th, from noon to 12:30, Prof. June MacLeod’s will be teaching a mini-class in the library entitled “Doing California Research in Print”

Why is it important to be able to do California legal research in print?

Not all firms have access to Westlaw and Lexis, and even if the firm that hires you does have access, they may not permit new associates to use them at will because of the expense associated with online research.

Although California primary law is available online, often the annotations that are available in commercial publications such as Deering’s Annotated Statutes, or West’s California Digests, are essential to the research process, and these are not freely available online.

To assist you in learning how to do California legal research in print, I am listing below the main primary and secondary California Legal resources along with a brief description of what information they contain, and links to tutorials on how, when, and why to use these print resources.

Primary Law

Title of Publication   Content Tutorials – Print, Audio and Video
San Diego County code of regulatory ordinances San Diego County Ordinances  
San Diego Municipal Code San Diego City Municipal Code  
Deering’s California Code California Statutes (organized by topic, with annotations leading you to relevant cases) California Primary Sources (CALI Tutorial. Email cdeane@tjsl.edu for the CALI Registration Code) Statutes and Codes – Video

 

West’s California Code California Statutes (organized by topic, with annotations leading you to relevant cases) California Primary Sources (CALI Tutorial. Email cdeane@tjsl.edu for the CALI Registration Code) Statutes and Codes – Video

 

Barclays official California code of regulations California Regulations (rules created by California Agencies) California Primary Sources (CALI Tutorial. Email cdeane@tjsl.edu for the CALI Registration Code)
California reports, 3d series California Supreme Court Cases California Primary Sources (CALI Tutorial. Email cdeane@tjsl.edu for the CALI Registration Code)
Official California appellate reports, 4th series California Appellate Court Cases California Primary Sources (CALI Tutorial. Email cdeane@tjsl.edu for the CALI Registration Code)

Finding Aids

Title of Publication (linked to TJSL Catalog) Content Tutorials – Print, Audio and Video
West’s California digest 2d. Summaries of California Cases organized by topic and Keynumber Using Case Law Digests (Video)


Secondary Sources (Some examples)

Title of Publication (linked to TJSL Catalog) Content Tutorials – Print, Audio and Video
Legal EncyclopediasCalifornia Jurisprudence (Cal Jur)Witkin Summary of the Law (Witkins) General Overview to give you background information on a legal topic specific to California Law California Secondary Sources (CALI Tutorial. Email cdeane@tjsl.edu for the CALI Registration Code) Witkin Tutorial – by Witkin

 

Using Secondary Sources – Video

 

California Practice Guides Practical “How To” information explaining the intricacies of how to do things. California Secondary Sources (CALI Tutorial. Email cdeane@tjsl.edu for the CALI Registration Code) Using Secondary Sources – Video
Eg.          Marsh’s California Corporation Law Multi-Volume Treatises – Detailed commentary and analysis on a specific legal topic California Secondary Sources (CALI Tutorial. Email cdeane@tjsl.edu for the CALI Registration Code) Using Secondary Sources – Video
Opinions of the Attorney General of California Attorney General Opinions California Secondary Sources (CALI Tutorial. Email cdeane@tjsl.edu for the CALI Registration Code)

Research Tutorials on Various Topics from USD

Note: When the tutorials discuss looking things up in Sally, you can look up the same thing in our catalog, called ThomCat

Secondary Sources: American Jurisprudence (Am. Jur.) and Corpus Juris Secundum (CJS)

Legal Encyclopedia are useful when you need a broad overview of a topic that you do not know much about, or if you need to find the primary law that is most relevant to a specific topic. These two legal Encyclopedia, Am. Jur. and CJS, both published by West, can be tricky to use in print.

First, you need to find them in the library. To do so, you can search the online catalog, called ThomCat and get the call number. You will find that they are both located on the 4th Floor.

Center for Computer Assisted Legal Instruction (CALI), Resources

There are also two CALI tours you can listen to that will give you background information on these two sources. Listen now.

  • Am. Jur. Tour (Listen to podcast, 2:24 mins)
  • CJS Tour (listen to podcast, 2:13 mins)

Video Tutorials

Written Instructions

Once you have read or viewed these resources, test your knowledge of how to use legal encyclopedias by doing the CALI Exercise on Legal Encyclopedias. (Students should email Catherine Deane to request the CALI code if they have never used CALI before)

Library Highlights: Law and Religion

The Mandate of Heaven and the Great Ming Code
Jiang Yonglin
KNN33 .J53 2011
From the Publisher: After overthrowing the Mongol Yuan dynasty, Zhu Yuanzhang, the founder of the Ming dynasty (1368-1644), proclaimed that he had obtained the Mandate of Heaven (Tianming), enabling establishment of a spiritual orientation and social agenda for China. Zhu, emperor during the Ming’s Hongwu reign period, launched a series of social programs to rebuild the empire and define Chinese cultural identity. To promote its reform programs, the Ming imperial court issued a series of legal documents, culminating in The Great Ming Code, which supported China’s legal system until the Ming was overthrown and also served as the basis of the legal code of the following dynasty, the Qing (1644-1911). […] This study challenges the conventional assumption that law in pre-modern China was used merely as an arm of the state to maintain social control and as a secular tool to exercise naked power. Based on a holistic approach, Jiang argues that the Ming ruling elite envi-sioned the cosmos as an integrated unit; they saw law, religion, and political power as intertwined, remarkably different from the “modern” compartmentalized worldview. In serving as a cosmic instru-ment to manifest the Mandate of Heaven, The Great Ming Code represented a powerful religious ef-fort to educate the masses and transform society.

Friends at the Bar: A Quaker View of Law, Conflict Resolution, and Legal Reform
Nancy Black Sagafi-nejad
KF4869.Q83 S24 2011
From the Publisher: George Fox, founder of the Religious Society of Friends, admonished his follow-ers against “going to law.” In this fascinating, wide-ranging book, a Quaker lawyer explores the rela-tionship between Quakers and the American legal system and discusses Friends’ legal ethics. A highly influential group in the United States, both for their spiritual ideals of harmony, equality, and truth-telling, and for their activism on many causes, including abolition and opposition to war, Quakers have had many noteworthy interactions with the law. [The author] sketches the history and beliefs of the early Quakers in England and America, then goes on to look at important twentieth-century constitutional law cases involving Quakers, many involving civil rights issues. Sagafi-nejad’s survey of one-hundred Quaker lawyers shows them to be at odds with the adversarial system and highlights a legal practice that must balance truth-telling and zealous advocacy. The Quaker development of extra-legal dispute resolution to solve debates amongst Friends is discussed, along with a look at the possible future of mediation.

Hinduism and Law: An Introduction
edited by Timothy Lubin, Donald R. Davis Jr., Jayanth K. Krishnan
KNS122 .H564 2010
From the Publisher: Covering the earliest Sanskrit rulebooks through to the codification of ‘Hindu law’ in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India’s legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.

Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers
Raymond F. Gregory
KF3466.5 .G74 2011
From the Publisher: In a recent survey, 20 percent of the workers interviewed reported that they had either experienced religious prejudice while at work or knew of a coworker who had been subjected to some form of discriminatory conduct. Indeed, according to the Equal Employment Opportunity Com-mission, the filing of religious discrimination charges under Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, sex, and religion) increased 75 percent between 1997 and 2008. The growing desire on the part of some religious groups to openly express their faith while at work has forced their employers and coworkers to reconsider the appropriateness of certain aspects of devotional conduct. Religion in the workplace does not sit well with all workers, and, from the employer’s perspective, the presence of religious practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression—by employees and employers—from unlawful proselytizing. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history. practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression— by employees and employers— from unlawful proselytizing.

Muslims and Global Justice
Abdullahi Ahmed An-Naʻim
KBP2460 .N353 2011
From the Publisher: An-Na’im opens this collection of essays with a chapter on Islamic ambivalence toward political violence, showing how Muslims began grappling with this problem long before the 9/11 attacks. Other essays highlight the need to improve the cultural legitimacy of human rights in the Muslim world. As An-Na’im argues, in order for a commitment to human rights to become truly uni-versal, we must learn to accommodate a range of different reasons for belief in those rights. In addition, the author contends, building an effective human rights framework for global justice requires that we move toward a people-centered approach to rights. Such an approach would value foremost empower-ing local actors as a way of negotiating the paradox of a human rights system that relies on self-regulation by the state. Encompassing over two decades of An-Na’im’s work on these critical issues, Muslims and Global Justice provides a valuable theoretical approach to the challenge of realizing glob-al justice in a world of profound religious and cultural difference.

Politics, Taxes, and the Pulpit: Provocative First Amendment Conflicts
Nina J. Crimm, Laurence H. Winer
KF6449 .C748 2011
From the Publisher: In Politics, Taxes, and the Pulpit, Nina J. Crimm and Laurence H. Winer examine the provocative mix of religion, politics, and taxes involved in the controversy over houses of worship engaging in electoral political speech. The authors analyze the dilemmas associated with federal tax subsidies benefiting nonprofit houses of worship conditioned on their refraining from political cam-paign speech. The Supreme Court’s recent Citizens United decision invalidating federal campaign fi-nance restrictions on corporations’ political campaign speech makes the remaining, analogous restric-tive tax laws constraining many nonprofit entities all the more singular and problematic, particularly for houses of worship. Crimm and Winer explore the multifaceted constitutional tensions arising from this legal structure and implicating all fundamental values embodied in the First Amendment: free speech and free press, the free exercise of religion, and the avoidance of government establishment of religion. . They also examine the history and economics of taxation of houses of worship. The authors conclude that there exists no means of fully resolving the irreconcilable clashes in a constitutionally permissible and politically and socially palatable manner. Nonetheless, Crimm and Winer offer several feasible legislative proposals for reforming tax provisions that likely will generate considerable debate.