Resource of the Week: Knowledge Mosaic

This week’s spotlight falls squarely on Knowledge Mosaic, an extensive repository of regulatory and disclosure information, current awareness, and law firm memos.  Knowledge Mosaic features a dazzling array of rich, highly searchable databases on financial, compliance, and other business data resources.  The portal provides robust query and analysis tools for mining and interpreting data plus a suite of electronically delivered news publications.  Further details regarding the database’s offerings can be viewed here.

While customizable e-mail alerts keeps users abreast of new developments, the real crown jewel of Knowledge Mosaic  is the Dodd-Frank Rulemaking Tracking feature which allows subscribers to easily sift through the torrential onslaught of changes initiated by the Dodd-Frank Act.  The tracker permits users to monitor ongoing rulemaking without being overwhelmed by allowing them to specify certain search conditions, such as corresponding references within the Act itself or by action type (i.e final rule, proposed rule, study, etc.).  Other filtering options include date, agency, and topic.  A handy video tutorial walks new users through the process of tailoring this amazing tool for their own research needs.

On-site and remote access is available to all NSU students, faculty, staff, and in-house users; a SharkLink ID is required for remote access.  Only NSU Law students, faculty, and staff can create personal accounts at no extra charge.  Personal accounts allow you to set up e-mail alerts but to utilize these features, you must register using a law school e-mail address.  To learn more about personal accounts, refer to the Personal Account FAQs.

SAME-SEX DIVORCE: UNEQUAL ACCESS UNDER FEDERAL AND STATE LAWS

                     

SAME-SEX DIVORCE:  UNEQUAL ACCESS UNDER FEDERAL AND STATE LAWS

                Gay rights are advancing at an increasingly rapid pace.  Recently, the United States Ninth Circuit Federal Court of Appeal declared Proposition 8 (which banned gay marriage in California) to be unconstitutional (click here for article).  Even more recently, Maryland passed legislation enabling same-sex couples to marry (click here for article).  On a larger level, Countries around the world are  recognizing the rights of same-sex couples to marry.  Gay marriage is now legal in ten countries (Canada, Argentina, Belgium, Iceland, The Netherlands, Norway, Portugal, Spain, South Africa and Sweden).  While there is a long way to go towards equality for same-sex couples, in general, an atmosphere of hope, optimism, and excitement grows stronger every day.

Enthusiasm may be partly to blame for the problems that occur when same-sex couples wish to divorce.  Many same-sex couples, overjoyed at the prospect of being able to get married after constantly being told that their relationships would not be legally recognized, jumped at the opportunity to be wed.  Such couples now face significant barriers if their marriages break down and they wish to file for divorce.  NPR featured a very informative broadcast available here which provides great background information.

Attorneys who work with same-couples are increasingly advising their gay and lesbian clients not to get married because of the difficulty involved in getting divorced (click here for article).  Equality in terms of same-sex marriage has come a long way, but in terms of divorce lags far behind.  Same-sex couples, while they may wish to marry for all of the same reasons as opposite-sex couples, are often stopped from doing so by the practicalities posed by laws which make access to divorce difficult if not impossible.  For instance, how do married same-sex couples divide their property if their marriage breaks down?  How can they seek alimony or custody rights?

The gay divorce issue poses problems not only for jurisdictions which recognize gay marriage, but also for those that do not.  Recently, in Canada, a “firestorm of outrage” arose after government attorneys challenged the validity of a same-sex marriage performed in Canada on the grounds that it was not legal in their current places of residence (U.K. and Florida) (click here for article).  The Prime Minister, Stephen Harper, was quick to react stating that he has no plans on re-opening the same-sex marriage issue.  Comments suggesting otherwise seem to be largely based on misinformation by those who are quick to attack the Conservative government (click here for article).  In fact, since this story broke in January, the Justice Minister, Rob Nicholson, released a statement confirming the validity of same-sex marriages saying:  “I want to make it clear that, in my government’s view, those marriages should be valid” (click here for article).

Last week, the Federal government proposed new legislation that would declare same-sex marriages “valid for the purposes of Canadian law” and provides rules for same-sex divorce of non-residents (click here for the full text of the Bill).  In short, the bill provides rules for non-resident same-sex couples to obtain a divorce in Canada if they were married in Canada.  What the bill does not provide these couples with is a forum to deal with all of the attending issues that accompany a divorce (ie: alimony, child support, custody, property division) (click here for article).  The government simply cannot pass a law that would deal with all of these issues because it would both overwhelm the judicial system and also involve the courts stepping outside of the purview of their jurisdiction.  In short, divorce granted by this legislation is a symbolic act at best and does nothing to address the more practical concerns associated with divorce for non-residents.

One of the Problems – Residency Requirements

Most countries and states that allow same-sex marriages do not easily allow couples to divorce.  This problem arises due to residency requirements.  A residency requirement essentially requires an individual who seeks divorce to be a resident of that jurisdiction for a certain period (typically 6 months to a year).  Residency requirements for divorce make divorce a lengthy battle for heterosexual couples and same-sex couples alike.  To seek a divorce, one spouse must be a resident of the state in which they seek divorce for a minimum of 6 months in general, but often longer.  The problem is compounded for same-sex couples who marry in a jurisdiction that recognizes gay marriage and subsequently move to one that does not.

Another Problem – D.O.M.A. (Defense of Marriage Act)

On the federal level, The Defense of Marriage Act, 28 U.S.C. § 1738C, came into effect in 1996 and defines marriage as between a husband and a wife while ensuring that states do not have to recognize the validity of same-sex marriages performed in other jurisdictions.   On the state level, states either:  recognize gay marriage (as in Massachusetts); neither allow nor forbid it; or specifically forbid it through legislation or constitutional amendments to their respective state constitutions.  Courts (in states which do not recognize same-sex marriage) claim to lack jurisdiction to hear a divorce case because to do so would effectively mean that they would have to recognize gay marriage.  (For an excellent and current article describing the various constitutional principles involved, see Elisabeth Oppenheimer, No Exit:  The Problem of Same Sex Divorce, 90 N.C. L. Rev.73).  Oppenheimer notes the inherent contradiction in these non-recognizing states stating “it certainly is bizarre for gay marriage opponents to argue that a gay couple must remain married” (Oppenheimer 81).

Several late night talk show hosts have been quick to pick up on this issue and have featured reports which do a good job at exposing the confounding nature of this argument.  The Daily Show, with John Stewart, recently featured this special report in which correspondent Jason Jones interviews a religious figure who is completely against the idea of same-sex marriage.  It simply makes no sense for someone who is so vehemently opposed to same-sex marriage to want to keep such a couple together should their marriage break down.  Not to be outdone, The Colbert Report also featured a segment on same-sex divorce highlighting the same lack of coherence (see this clip @ time 3:25-4:40).

Potential Solutions – There Is No “Quick Fix”

After thoroughly researching the issue of same-sex divorce, Oppenheimer (infra) proposes several solutions but notes that “there are no obvious solutions” (73).  Judges are limited in what types of cases they can hear both by constitutional and statutory rules.  I agree with Oppenheimer when she concludes that any meaningful change is going to have to come from the legislature.  Until then, same-sex couples face a tough decision.  They will need to decide if the idea of marriage – something they have long struggled for – is worth the hassle considering the legal and logistical nightmares that could result if their relationships fall apart.  Those who advocate against same-sex marriage will continue to do so, but they should bear in mind that by refusing to provide a same-sex couple, who was validly married in another jurisdiction, with the option of divorce and everything that goes with that (ie: property division, custody orders, etc.), they are implicitly condoning gay marriage by keeping the couple together.

Photo 1:   found here on February 28, 2012.

Photo 2 found here on February 28, 2012.

Library of Congress Exhibition: “NAACP: A Century in the Fight for Freedom, 1909-2009″

The Library of Congress’s myLoC.gov is a great resource for those of us who don’t live in the DC area. It’s a virtual museum, featuring online exhibitions of many of the Library’s treasures. One of these exhibits is NAACP: A Century in the Fight for Freedom, 1909-2009. 

The Library of Congress has been the official repository of NAACP records since 1964, housing over 5 million items, including many period photographs and documents, some of which form part of this exhibit.  After an overview of the organization’s history, the exhibit is divided into 8 “themes”, each representing an era in the life of the organization. The site also provides links to additional resources, including the excellent Civil Rights Resource Guide. 

Whether you’re a teacher, a student, or someone interested in our nation’s history, this exhibit provides an excellent introduction to the NAACP and its place in 20th century American history.

Employees Expected to ‘Bear the Burden’ of American Airlines Bankruptcy

After 81 years of flying, American Airlines landed in federal bankruptcy court in New York City yesterday.  The last of the legacy airlines to file for Chapter 11 following 9/11, the beleaguered company cited nearly $30 billion in debt, just under $25 billion in assets, and $4 billion in cash reserves as part of the decision to file for protection against its creditors.

Because this is the seventh largest bankruptcy in U.S. history by number of employees, it is widely anticipated that AA will trim labor costs by shedding jobs.  A large question also hangs over the security of American employee pensions.  Watch Judy Woodruff  discuss the contributing factors of the filing and its pending aftermath with Ben Mutzabaugh of USA Today on PBSNewsHour.

According to a public service announcement on its website, American Airlines is flying normal schedules and conducting business as usual worldwide.  Additional information about the Chapter 11 reorganization is available at www.aa.com/restructuring.

"Brace yourselves...it's gonna be a rough landing!"

Action Alert: Say “No” to S. J. Res 6

Dear Advocates,

The Senate is expected to vote tomorrow (Tuesday) on a resolution of disapproval, S. J. Res 6, that would repeal the Federal Communication Commission’s (FCC) net neutrality rules and strip the FCC of its authority to implement net neutrality.

Please call your Senators today and ask them to vote NO on S. J. Res 6. Because of the short notice, it is important that you call, rather than email, your Senators. Thanks to the Government Relations Committee for posting a new one-pager on why net neutrality matters to law libraries.

The House passed an identical resolution (H.J. Res 37) in April. The FCC’s net neutrality rules are set to take effect on November 20. It is very important that you contact your Senators now to ask them to vote NO on S.J. Res 6. The vote is expected to be very close, so your call will make a difference.

You can find your Senators’ phone numbers through the AALL’s Legislative Action Center.

2011 Sunshine Week Webcast at Noon Today

For anyone interested in open government, there is afree webcast being sponsored by OpenTheGovernment.org and the American Association of Law Libraries that will take place at the Center for American Progress today at noon (EST).

Watch the webcast at http://www.americanprogress.org/events/2011/03/sunshine.html/streaming.html.  Viewers will also be able to submit questions during the program so please join us.

Walk for the Animals 2011 on Saturday, March 5th!

Enjoy taking a walk with your pals –  with or without fur?  Then please join members of the Student Animal Legal Defense Fund (SALDF) for tomorrow's Humane Society Walk for the Animals 2011.  The 1.25 mile walk starts tomorrow at 10:00 AM at Huizenga Plaza in downtown Fort Lauderdale (Southeast Corner of Las Olas and Andrews Avenue). 

Per SALDF President Jason Manocchio, participants will meet in the law school parking lot at 9:15 AM to carpool to the event location.  Dogs are welcome so please bring your favorite canine(s).  If you are unable to attend, please consider sponsoring a participant.

All proceeds will benefit the Humane Society of Broward County and help support the thousands of animals HSBC rescues every year.   Come eat, drink, and be merry while enjoying live performances by Sundanz and Pro Am dance studios as well as Purina's Incredible Dog Team.  Other attractions include live music, sponsor booths, and a free pancake breakfast courtesy of IHOP!

I know my girls will be especially interested in the last activity. ;)

  

 

Paws & Laws: Animal Law Events & Resources

Animal law is a dynamic field of law, one in which countless Shepard Broad Law Center students, faculty, and staff take a lively and heart-felt interest.  As many of our good readers may know, the Student Animal Legal Defense Fund (SALDF) is a robust student organization at our school, with its members working tirelessly for the betterment of non-human animals through fundraising and speaking events.

SALDF is currently sponsoring its annual Valentine’s Day toy drive for homeless animals.  Please visit the organization’s table in the atrium to pick up a goody bag ($3) for the four-legged friends in your life.  Donations of all sizes are welcome with proceeds going to Death Row Dog Rescue, a non-profit organization dedicated to saving dogs from abandonment and euthanasia.

SALDF will also host a presentation by Ms. Karen Delise, Founder and Director of the National Canine Research Center (NCRC) on Thursday, February 24th at noon in the Faculty Study.  This presentation will explain the process of demonizing dogs, including some of the modern sociology and behavioral science that supports Delise’s analysis in her book The Pit Bull Placebo: The Media, Myths and Politics of Canine Aggression. It will also focus on the legal implications that have and continue to result from this demonization.  Please join us.

Other notable animal law activists here at the law school include Professor Ishaq Kundawala and Professor Phyllis Coleman.  Professor Kundawala acts as co-advisor to SALDF while Professor Coleman not only teaches animal law, but is the founder and active member (former Chair) of the Florida Bar’s Animal Law Committee.

As always, the Law Library & Technology Center (LLTC) strives to support the passions of its animal rights advocates and scholars by acquiring resources that support their endeavors in fighting the good fight.  In the March 2006 issue of the Book Docket, Donna Struthers, Assistant Head of Technical Services, provided a list of library resources and websites on animal law.  In addition to the resources cited therein, the LLTC has continued to expand its holdings.  Recent acquisitions include…

Animal Law in a Nutshell (2 copies)

Animal Rights: What Everyone Needs to Know  by Paul Waldau

In Defense of Dolphins: The New Moral Frontier by Thomas I. White

The Pit Bull Placebo: The Media, Myths and Politics of Canine Aggression by Karen Delise.

To locate more animal law resources, search NovaCat, our online catalog, by author, title, or keyword.  You can also search using Library of Congress subject headings such as Animal rights, Animal welfare — Law and legislation and Animals — Law and legislation.  If there is an animal law that you think the Law Library should acquire, please e-mail your suggestion to me at hesss@nsu.law.nova.edu.  Peace.

This post is dedicated to Diamond and Jade, my Pool Pups

Freedom of Information Law: Opportunity and Threat?

A New York Times article this last weekend described a novel use of freedom of information law. The new owners of CourseRank.com (a course information website for college students like ratemyprofessors.com), requested aggregate grade data by course and professor from some 533 colleges nationwide, including Florida Atlantic University, Florida Gulf Coast University, and the University of Florida. (Nova Southeastern University is included on the website, but does not seem to include grade distributions, which makes sense since it is not subject to Florida open-government law.)

Lisa A. Phillips, the author of the New York Times story and a SUNY New Paltz journalism professor, has ethical qualms about the impact this will have on grade inflation. She quotes experts who say both that it will contribute to grade inflation, by directing students to classes and professors with “better” grade distributions, and discourage it, but revealing which professors grade too leniently.

But what I (and my most excellent colleague Becka Rich, who brought this to my attention) think is more interesting are the implications of this.

First, there are the ethical issues, some of which are raised above. Second, there is the conflict with FERPA. The second question Becka asked me was, “Could this happen in Florida?” We now know that the answer is “Yes.”

This type of open-records request can be used in public-policy research: see Richard J. Peltz, From the Ivory Tower to the Glass House: Access to “De-Identified” Public University Admission Records to Study Affirmative Action, 25 Harv. BlackLetter L.J. 181 (2009). It has also been used by mainstream journalists, as with a recent Chicago Tribune series on politically preferential admissions at the University of Illinois, Urbana-Champaign (see all Chicago Tribume articles about the University of Illinois, Urbana-Champaign).

2010 Government Secrecy Report Card released

OpenTheGovernment.org has released its 2010 Secrecy Report Card.  View it at http://www.openthegovernment.org/otg/SecrecyRC_2010.pdf

This coalition of more than 70 consumer and good government groups, librarians, environmentalists, labor, journalists, and others focuses on pushing back governmental secrecy and promoting openness.  The coalition has released its secrecy reports every year since 2004.