Novalawcity

Keeping you current at the speed of law school.

Getting to Know the LLTC? Heath

Posted by circdude on March 1, 2012

Where did you grow up?

1.  I grew up in small town 5 miles north of Dayton, Ohio.  It was called Vandalia.  Our mascot was a cheesy little “aviator” who bore a striking resemblance to the Hamburglar at McDonalds.  I moved from Vandalia to Cincinnati as soon as humanly possible, and began my undergraduate degree at the University of Cincinnati in Architecture and Interior Design.  It was a grueling and didactic experience that included many internships, co-ops, and even a six-month study abroad program in Berlin, Germany.  Shortly after graduation, I realized architecture was not my passion and design alone would never be enough.  I decided to return to school and get my Master’s degree in librarianship.  I have always loved libraries and the library atmosphere.  This, coupled with my desire to help people, cemented the deal for me.  I attended Kent State University in Kent, Ohio, where I received my Master’s in Library Science.  I’ve loved every moment of it since, although my passion for design still survives.  I express it these days through marketing projects, primarily focused on libraries, but for the general public as well.  Librarianship, for me, is not limited to finding books, researching, cataloging and shelving, as some might think; it’s helping people. It’s a wonderfully rewarding career.

Where did you work prior to LLTC?

2.  Prior to my life as a librarian, I worked as an interior designer and a graphic designer in both Ohio and Kentucky.  I began my professional career as the Assistant Director of Visitor Services at the Dayton Museum of Natural History, and later the Development Director at the Carillon Historical Park and Heritage Museum, (home to the Wright Brother’s original bicycle workshop).  After obtaining my Master’s I worked at several public libraries in Ohio, doing both reference and instruction work.  Most recently I worked as the Evening Services Librarian at Lynn University in Boca Raton, Florida and as the Circulation Manager/Adult Services Librarian at the McCracken County Public Library in Paducah, Kentucky.

When did you begin working for the LLTC? 

3.  I began my adventure with Nova’s LLTC in March of 2011.

 

What do you do at the LLTC?

4.  I am the LLTC’s Circulation and ILL Manager.  In this capacity, I manage all aspects of the Circulation department, including supervision of approximately 20 student employees and two full-time employees.  I also manage the ILL (interlibrary loan) operations.  Additionally, I design print publications, posters and brochures for the LLTC and serve on a number of LLTC and University Library committees.

What do you like best about your job?

5.  The thing I like best about my job is working with, and getting to know the students, not only the very bright law students who we serve on a daily basis, but also the student employees that I supervise.  I have a great group of current students and am very proud of.  The sad part about this job is that students graduate.  Whether I lose them because they are now lawyers, or because they move on to an internship, they are dearly missed.  The good thing – new students also appear.  This really keeps things invigorating and interesting.  Without the Circulation Department’s student employees, the LLTC couldn’t offer the level of service that we currently do to our students, alumni and public.

What are your proudest accomplishments on the job?

6.  I am most proud of the Circulation Department.  It maintains an air of comradery and professionalism whilst providing our students, alumni and staff with excellent service.  I have made it my personal goal to remove the antiquated and staunch stereotypes of both academic and public libraries.  Libraries are changing, and I am overjoyed to be a part of that change.  Another accomplishment I am proud of is the fact that my student workers understand that it is their job to set an example campus-wide.  They constantly accomplish this by maintaining an excellent work ethic, good grades, continuing their education and eventually graduating.

What do you enjoy doing in your spare time?

7.  I like to watch movies, play games, have fun with my three dogs (Tank, Piper, and Munchkin), spend time with my partner Eric, and work in my garden.

What is your favorite food?

8.  Pizza or chicken nachos are my first favorites.  However, coming from the Cincinnati area, I am also a huge fan of Skyline Chili!

What is your favorite book?

9.  I like all books and I read almost anything. For relaxation, I read fantasy novels, mystery novels, satire and bits of history. Declaring my favorite book would be impossible for me, however I can say I am quite fond of Chelsea Handler at the moment.

 

10. Since I arrived at the LLTC, the Circulation Department has instituted a number of new policies/initiatives.  First, for example, a study room’s status is no longer announced on an erasable whiteboard.  Availability is displayed electronically on a computer monitor at the Circulation Desk and accessible through the university’s Novacat OPAC.  This took some getting used to by LLTC patrons, but it is better than the whiteboard because it provides a truly accurate status of the study rooms.  Second, we now use restaurant style buzzers for patrons waiting on a study room.  You can take the buzzer anywhere in the library, the Mezzanine, or the Atrium.  When it buzzes, your study room is available!  And, a very big deal, Interlibrary Loan is now working properly.  This was a huge achievement!  I thank Rob Beharriell for his hard work in assisting me with this project.

Please watch, as in the future we have many exciting projects in the works that will only make for an even more exciting library experience for you.  It is my goal to see all of our law students not only utilizing, but enjoying every service we offer here at the LLTC.  I welcome the opportunity to meet all who have not yet visited with me.  If you have a few moments and can stop by the Desk, please ask a student employee to find me so we may shake hands and meet each other.  My door is always open so should you have ILL needs or questions.  Remember we are here for you.

Posted in Uncategorized | Comments Off

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

Posted by Rob Beharriell on February 28, 2012

                     

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.

Posted in Blogs, Court decisions, Courts, Current Affairs, Current awareness, General info, International Law, Judicial branch, Legal news, Legal research, Legislation, New legislation, Politics, Weblogs, Websites | 1 Comment »

Organizing with Evernote: “Mailing it In”

Posted by mitchsilverman1 on February 20, 2012

I rely on Evernote, the ubiquitous note-organizer-on-steroids program, to keep track of all my stuff. Evernote works on Windows computers, Macs, iPhones, iPads, Android devices, and even on the Web wherever you have a computer. (See my last blog post, “Evernote–One Tool to Rule ‘em All” last November.) One easy, super-useful way to stay organized with Evernote is to email it whatever you need to keep track of. To do this, first you need to know your personal Evernote email address.

In Windows, go to Evernote, and click the “Usage” icon, at the top right corner of the Evernote window, just below the title bar and window control buttons. The third line of text down will start with “Email Notes To:” and end with an email address, probably ending in “@m.evernote.com.” That email address is unique to your Evernote account. Any email sent to that address automatically becomes an Evernote note.

On the iPad, open Evernote, then click the “Settings” icon (the picture of a gear in the lower right corner of the Evernote screen). Under “Settings,” tap “Evernote Email Address,” and you’ll see the address. (Clicking “Reveal in Contents” will help you add the address to your iPad address book.) (Check out “Chapter 4: Safari” in Apple’s iPad User Guide.)

You can easily get page links to webpages from Safari, the built-in iPhone and iPad Web browser, into Evernote by emailing them. iPhones and iPads run a simpler version of Apple’s Safari browser. Evernote does have a Web clipping bookmarklet for the iPhone and iPad but it’s very slow and doesn’t work well. One advantage to the bookmarklet is that it can clip the whole page. But if you just want to get something “quick and dirty” from Safari to the iPad, just email it to Evernote.

But how, you ask? Like this: Any email sent to your personal Evernote address automatically becomes an Evernote note. If you add “#important #work” to the subject of the email, the note will be created with the “important” and “work” tags (if they already exist). If you add “@todo” to the email’s subject, the email will be added to the “todo” notebook (if it already exists). You can add as many tags as you want, but only one notebook–and the notebook (“@notebook”) has to be the last thing on the subject line. You can add tags and notebooks using the Evernote application on your computer, or using the Web version of Evernote.

To send an email from within Safari, tap the Safari Action icon (the fourth icon from the top left of the Safari window, right next to the address field–it looks like a box with a curved arrow pointing out of it), which brings up the Action Menu. Then, on the Action Menu, tap “Mail Link to this Page.” When the email displays on your screen, the cursor will be in the “To:” field. Start typing “Evernote,” and once you type enough letters, your Evernote email address will show up in the “To:” field, if it is on your Contacts list.

There’s a special syntax you can use to tag that note, and to pick which notebook the email should go into. If you add “#important #work” to the subject of the email, the note will be tagged with the “important” and “work” tags (if they already exist). If you add “@todolist” to the email’s subject, the email will be added to the “todolist” notebook. (Here are links to documentation for this syntax, and more information on the Evernote blog.)

You can do the same thing with Outlook, or your favorite email program. Forward an email to your personal Evernote address, add tags (using the “#” character) or notebooks (using the “@” character), and the new Evernote notes will show up already categorized and sorted.

This is a new idea for me, one I just set up and started to use. I’m starting with three main notebooks I’ve been emailing links into: @action, for things I want to act on, like to-do items; @info, for things I need to remember or use, like schedule changes or notes; and @toread–for weblinks or books (you can email Amazon weblinks to Evernote too!)

As soon as you click “send”–and sync Evernote, just to be sure–your email will be safely ensconced in your favorite organization tool!

Posted in Law office technology, Technology | Comments Off

Virtual Law Practice CALI-Style

Posted by Steph Hess on February 16, 2012

The Center for Computer-Assisted Legal Instruction (CALI) is offering a FREE online course called Topics in Digital Law Practice.  Taught by North Carolina-based attorney Stephanie L. Kimbro, the first session took place on Friday, February 10, 2012.  You can view the video and slides at http://tdlp.classcaster.net/

Two copies of Ms. Kimbro’s book Virtual Law Practice: How to Deliver Legal Services Online are available in the LLTC’s collection.  Kimbro also blogs at the Virtual Law Practice.

Posted in Blogs, Books, Electronic discovery, Electronic filing, Email, Law office technology, Legal careers | Tagged: | Comments Off

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

Posted by Mary Paige Smith on February 3, 2012

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.

Posted in Current awareness, Education, Legal history, Websites | Comments Off

Getting to Know the LLTC: Angie Stramiello

Posted by novalltc on January 26, 2012

Where did you grow up?:

I was born in Brooklyn,New York, but grew up in Knoxville,Tennessee, where my family moved when I was four.  I received my B.S. degree from the University of Tennessee and upon graduation, accepted a position as Graduation Assistant in the Dean of Admissions Office.  I loved working with the students but felt their disappointment if they failed to make their required GPA and could not graduate.  I loved being with those who did graduate and shared the joy of seeing happy faces on graduation day.  After several years, I wanted a change, but only went across the street to the College of Law Library.  My Dad retired that year and my parents moved toFlorida’s west coast.  After eight years of frequent visits toFlorida, I decided I wanted to be closer to family.  Broward County Law Library was in the process of developing a reference librarian position, and I was recommended for the position by the TVA Law Librarian.  I had no idea where Broward County was located until I came for an interview.  I was offered the job and accepted.

Where did you work prior to LLTC?

I began my law library career at the University of Tennessee, College of Law Library, where I was very fortunate to have a nationally known law professor as my supervisor and mentor. I took his legal research class, which gave me the background I would later use to teach legal research in the paralegal program at BCC.  I left Knoxville and accepted a position as Reference Librarian at Broward County Law Library.  After two years, I became the first law librarian for a major Miami law firm. Three and a half years later, when a Ft.Lauderdale law firm decided they wanted to hire a firm librarian, I became their first law librarian, where I stayed for twenty two years.  Sadly, the firm dissolved at the end of 2001, and I went to work for the Broward County Public Library as Assistant Branch Head of the Dania Beach Branch.  I wanted to return to a law library and kept in touch with the then director of Nova’s Law Library. When a position opened, I was offered the job and accepted.

When did you begin working for the LLTC?

I began working at the LLTC on December 16, 2002.

What do you do at LLTC?

I began at the LLTC in a full time position as Assistant Head of Collection and Bibliographic Services for Acquisitions and Serials.  This title was too long for me, so I introduced myself as Acquisitions Librarian. I worked with the publishers’ representatives and did a lot of problem solving.  By this time, I wanted to go part time, so when a part time reference librarian position was offered, I accepted. This is my current position.

What do you like best about your job?

Working with faculty and students, because that is really our reason for being here.  Our faculty is very supportive of the library and this makes our work enjoyable. This fall, we initiated Movie Night as a joint project between the LLTC and the Law School Faculty.  It is intended to be fun and also to teach legal issues that are incorporated into movies.

What are your proudest accomplishments on the job?

I expressed an interest in reading an article  that Prof. Charlene Smith was authoring with two other professionals. I told her that I have a strong background as an editor and she invited me to edit her article.  I am very honored that she has give me footnote recognition for doing so, and I look forward to seeing the article when it is published next spring.

What do you enjoy doing in your spare time?

I like going to plays and especially enjoy community theater.  I also love college football and I am a loyal fan of my school,  The University of Tennessee.  I support the Vols in good years and in bad, and unfortunately, this has not been a good year. I enjoy visiting with family and friends and I do some volunteer work at my church.  I also like puzzles, such as Sudoku.

What is your favorite food?

Mangos are a real treat when right off the tree.

What is your favorite book?

I don’t read much fiction, because I like to read for information.  I guess my favorite book, which I read in college, is the Diary of Anne Frank.  No fiction could compare to her story.

Is there any particular advice you would like to share with the students?:

Don’t be discouraged if things take a while to understand, and let those of us in the library be of help when we can. Also, learn to use the books for research because they will help you understand computer research, and you never know when the power will fail and you have a client waiting for a result.

Posted in Getting to Know You, Law Library & Technology Center | Tagged: | Comments Off

SOPA/PIPA, the MegaUpload Raid, and Golan v. Holder: Reflections on the “Internet Spring”

Posted by Mary Paige Smith on January 21, 2012

Craig Newmark, founder of CraigsList, recently used the phrase “Internet Spring”, likening this week’s SOPA/PIPA furor to last year’s Arab Spring. His observation:  “It’s taken some really bad potential laws, but it’s roused the sleeping giant, both the people who build the Internet, and people in general who comprise the Internet community.” If you have any doubts about the size of this giant, check out the numbers: 10 million petition signatures, 3 million+ emails sent to elected officials, and more than 115,000 sites participating in the blackout on Wednesday.

As with any popular movement, this “Internet Spring” is not taking place in a vacuum. Other contemporaneous events affect the social and political climate which will determine the ultimate resolution of the SOPA/PIPA question. One obvious example is the FBI’s Thursday raid on world-wide offices of Internet media giant (and condoner of copyright violations) MegaUpload, conducted under existing U.S. law. This had Gizmodo blogger Sam Biddle wondering, Why Did the Feds Target Megaupload? And Why Now? He quotes another reporter’s sources as saying that the DOJ might have thought that busting such a blatant cyber-criminal would show the need for SOPA/PIPA. And the fact that DOJ, MPAA and RIAA websites were hit swiftly by DDoS attacks sponsored by Anonymous might have highlighted the “outlaw fringe” of the Internet community. In Biddle’s view, though, the raid can be seen, ironically, as lending credence to the protesters’ claims that SOPA and PIPA are ill-conceived and unnecessary.

Perhaps less obvious, and less intentional, are the ramifications of this week’s Supreme Court decision in Golan v. Holder. The court held that Congress has the right to reinstate expired copyright protections. Alison Frankel’s On the Case post notes the irony in this decision: “the Court’s opinion … expressly endorses Congressional authority to determine the scope of copyright protection. If some version of SOPA or PIPA is enacted, in other words, it will be tough to overturn in the courts.” Frankel spoke with Anthony Falzone, Executive Director of Stanford Law School’s Center for Internet and Society, to get his take on this week’s Internet blackout and the Golan decision. Falzone said, “One of the lessons of Golan is, ‘Don’t wait.’ You have to stop the legislation before it gets passed. You have to stop it in its tracks before it gets to the courts.”

As SOPA and PIPA appear to be losing support in Congress, an alternative bill could come into sharper focus. The Online Protection and Enforcement of Digital Trade (OPEN) Act (S. 2029), according to KeepTheWebOpen.com, addresses many of the concerns that opponents of SOPA and PIPA have raised. A notable difference between OPEN and SOPA/PIPA is that OPEN would be enforced by the U.S. International Trade Commission. SOPA and PIPA as currently written would be enforced by the Department of Justice. Another significant difference involves the consequences of violating the act. SOPA and PIPA both prescribe the blocking of offending websites, and according to the American Library Association, “significantly increase… internet companies’ incentive for surveillance of online activity and speech of users”. In contrast, the OPEN Act would cut revenue sources for offending sites.

CNN’s John D. Sutter sees the campaign for the OPEN Act as an experiment in digital democracy. KeepTheWebOpen.com is bringing law-making to citizens: “[P]eople who go to that website can annotate the bill with comments and suggestions for its author [Rep. Darrell Issa, R - CA], much like they would a Wikipedia document. There’s a field where you can submit your e-mail address to receive updates about changes to the bill and its path through the maze that is our legislative process.”

We’ve seen this week that Congressional representatives do listen to individual constituents, if they speak loud enough, and deliver a consistent message. Although it’s not yet clear if or how SOPA and PIPA will be amended, or whether the OPEN Act will prevail, there is no doubt that 21st century democracy has shaped the debate.

Posted in Current Affairs, Intellectual property law, Legislation, New legislation, Uncategorized, Websites | 1 Comment »

Weekend Reading/ Viewing: The Lincoln Lawyer

Posted by Steph Hess on January 20, 2012

The Lincoln Lawyer is the highly charged story of criminal defense attorney Mickey Haller and his battles within the Los Angeles court system.   While the movie has yet to appear on any 25-Greatest-Legal-Movies-Evah lists, I contend that LL could be a strong candidate for inclusion on future lists despite the dog-eared adage that “the book is always better than the movie.”

In the book, author Michael Connelly paints protagonist Mickey Haller as a free-wheeling, free-dealing criminal defense attorney who, rather than pay overhead for a fixed office space,  does business out of the back of his late-model Lincoln Town car.  His standard run-of-the-mill clients are petty thugs, drug dealers, and prostitutes.  The action heats up when Haller agrees to defend a rich young man from Beverly Hills charged with attempted murder and aggravated sexual assault and battery.

The son of legal legend Michael Haller, Mick is a creature born and bred to the L.A. Superior Court and former-police-beat-reporter-turned-novelist Connelly doesn’t disappoint readers, providing a vivid insider look at the City of Angels.  As his protoganist tears up Highway 5, oiling the wheels of the American criminal justice system, Connelly’s writing is reminiscent of Raymond Chandler which is unsurprising since he decided to become a mystery writer upon discovering Chandler’s works while studying at the University of Florida.

Trivia sidebar:  About 10 years after moving to the West Coast, Connelly literally followed in the footsteps of Chandler’s hard-boiled PI Philip Marlowe by renting the unit in High Tower Apartments where the famous character lived in The Long Goodbye.  Director Robert Altman also filmed portions of The Long Goodbye in the same location.

While the movie takes liberty with the written word, The Lincoln Lawyer succeeds as a film due to its ability to convey the book’s nuances within the hour and a half allotted by director Brad Furman.  The film excises a great deal of the material relevant to the intricacies of legal profession, but the star-studded cast, featuring Matthew McConaughey, Marisa Tomei, Ryan Phillippe, William H. Macy, and Michael Peña, meshes well, keeping the audience engaged in each character’s role as the script’s plotlines converge.  Their collective performance is offset by a slick soundtrack and terse dialogue that evokes the drama and action inherent to high-stakes cases in the courtroom.

The Law Library & Technology Center is proud to count both the print and film versions of The Lincoln Lawyer among its holdings.  The book is shelved at PS3553.O51165 L56 2005 in the Law and Popular Culture Collection (2nd Floor) while the DVD resides at PN1997.2 .L553656 2011 in the Media Collection.  The Sherman Library also offers additional formats of this title, such as audiorecordings on CD-ROM and Blu-Ray as well as the other five books in the Mickey Haller series.

You can also watch Michael Connelly and Matthew McConaughey talk about both works while on the set of The Lincoln Lawyer via the author’s official website.  So sit back, relax, and enjoy the show!

Posted in Books, Courts, Film, Legal careers, Practicing law | Tagged: , | Comments Off

Do you have a minute? Or seven?

Posted by Alison on January 16, 2012

In my eleventh grade English class, we began each session with a seven minute writing assignment.  I’m sure this was intended to allow us time to think deeply about a topic for at least two minutes, and then to write furiously for the remaining five minutes so as to not be outdone by our peers who were composing the great American novel, or at least working out the plot mechanics, with a serenity and calmness that I did not possess.  Alternatively, maybe the purpose of this time was just to provide a seven minute break for the teacher.  Though after many years, I still remember this teacher, so she was, in all likelihood, an effective instructor despite the seven minute break.  In fact, she may have only had these seven minutes to sit quietly and reflect.  At the time, I didn’t think about what the teacher was doing or why she was doing it.  I was focused on the amount of ink on my paper and whether or not my ideas would be original or even interesting when compared with others.  I gazed at my content classmates, who looked as though they thought the teacher had just told them to take a nap for seven minutes, who likely weren’t experiencing inner turmoil, as I thought I was.  I spent the initial two minutes in every class in a panic, or my version of a panic, as I went through figurative drawers and tossed ideas about as though I was making a final selection of my outfit for the first day of school, knowing full well that my mother was going to memorialize my portrait for years to come and that I had always regretted those balloon pants I had worn one year (obviously, a truly minor concern in retrospect).  Eventually, I would come up with an idea, and I’d share it with the class.  Looking back on the experience, I learned a lot from my classmates, and after seven minutes, the teacher was back in action, moderating our conversation.  I still remember some of the discussions we had about ideas that students had come up with, in just seven minutes.  The teacher had given the assignment, frightened most of us enough so that we tried our best, but was supportive enough to allow a free exchange of ideas in the classroom, and that’s what is resonating with me even years later.  It was an environment that panicked some, inspired others, and did very little for a few, who were simply there to fulfill a required class.  As librarians, we might have the opportunity to teach a class, but there is also a built in instructional component to our work even if we’re not in the front of a classroom.  So, my question for the blogosphere is this, what makes a good teacher?  You’ll have seven minutes to provide a response; ready, set, go.

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Family Experience

Posted by William on January 11, 2012

Disclaimer: The following blog post consists of a personal account of my family’s recent experience welcoming my son, Connor, into the larger post-womb world. The post references nothing untoward, but I am quite certain that most readers will find it a tedious, boring exposition. I vow to discuss a legally relevant (hopefully exciting) topic next time.

My family and I welcomed my son, Connor Bradley Owens (7lbs 12 oz., 20 and ¼ inches) on December 16, 2011. We elected to induce labor due to concerns regarding Cephalopelvic Disproportion (we consulted several doctors regarding this issue, including a friend of mine who practices family medicine in Boise, Idaho). However, we probably would have elected to induce labor even in the absence of concerns regarding CPD due to concerns regarding our daughter’s ability to adapt to unfamiliar circumstances and surroundings.

My 2 year old daughter, Alani, has been evaluated by a team of psychologists at Mailman Segal Institute, and while we do not have an official diagnosis yet, we are relatively certain that she has an Autism Spectrum Disorder. Due to the fact that we have no family residing in the vicinity, we were concerned about Alani’s care during the delivery. I, of course, wanted to be in attendance during my wife’s (Davina) labor and Connor’s birth event. Unfortunately, at that time, Alani had never been alone with anyone other than Davina or me. Furthermore, she typically demonstrated apprehension and even anxiety around strangers. In fact, we have had certified behavior analysts visiting our home for a few months now, and (although she has made wonderful progress) it is obvious that she still experiences anxiety around them; she typically runs the other direction and cries (sometimes, “bloody murder”) when they enter our home. As you can imagine, we did not want just anyone caring for Alani during the birth event.

Fortunately, we contacted Davina’s mother and my parents to schedule a time to induce labor that would be convenient for everyone. Her mother flew in from New York, New York, the morning of the 15th and my parents drove in from Sarasota, Florida the evening of the same day. Unfortunately, although Alani has met and interacted with our parents on a few occasions, her exposure to them has been limited due to multiple logistical issues. So, even though we were able to secure our most trusted relatives for our daughter’s care, Davina and I were still pretty nervous about how Alani would react to our combined absences as well as to grandparents with whom she has had little contact. We imagined that she might react so negatively to our absence or to her grandparents that I might have to miss Connor’s birth to care for her; I was both prepared and wholly devoted to that eventuality. In our estimation, Alani’s emotional wellbeing outweighed my interest in experiencing the birth event including my son’s initial entrance into the world; after all, Alani and I would have been permitted entry sometime shortly following Connor’s birth. So, even recruiting our parents to watch Alani during labor and the subsequent birth event did not offer any substantial hope that I would be able to attend Davina during labor and delivery. In fact, based on Alani’s intensely negative reactions to her behavior analysts, we were prepared for a very unhappy Alani who would probably require her father’s calming presence.

Miraculously (in the very “improbable,” rather than in a religious or contrary to physical laws sense), Alani, not only fared well, but seemed quite content while in her grandparents’ care. Fortuitously, we were quartered in the room situated closest to the delivery area entrance, while our parents and Alani lounged in the waiting room, which was the first room to the right upon exiting the delivery area. So, even though, I had to be buzzed in and out of the delivery area on each occasion, I was able to travel back and forth between the delivery and the waiting rooms up until I was sure that Alani would not have a negative reaction to her parents’ absence or to her grandparents; she actually fell asleep about an hour before Connor’s birth, which permitted (at Davina’s request) the grandmothers to be present during the delivery.  My father kept both eyes on Alani as she slept soundly; Alani is typically a late riser, but she had been up since around 6:00 A.M. that morning as we prepared to leave for the hospital.

Other than two issues I shall discuss following this paragraph, our labor, delivery and recovery experience at the unnamed facility went rather well; Connor entered the world healthy (he scored a 9.9 on the Apgar) and without incident and Alani never appeared to become distressed. We were also very happy that we were able to share the experience with our parents. Davina’s mother was actually able to stay for the next two weeks; we were amazed at how close she and Alani got during that period. Alani went to her grandmother for assistance and comfort quite often during those two weeks, which is something she had never done previously with anyone but her parents.

Issues:

1.

We arrived at our assigned room just prior to 7:30 A.M. accompanied by Alani and her maternal grandmother. Just moments after entering the room, a nurse informed us in a rather authoritative manner that Alani could not be present in the room (a fact of which we already quite well aware, but we had just arrived). I asked the nurse when Alani had to leave and she responded by stating NOW in a manner whose tone brooked no argument. Now, we knew that Alani could not be present  during labor or delivery, but we had just arrived and a “good morning,” “how are you,” or some other pleasantry might have been more conducive to providing a good start to what should be a beautiful experience for an expectant family.

Davina, who was already somewhat anxious, was quite put off by the nurse’s attitude. I informed the nurse and her second, rather politely (in my view), that while she may have participated in more birth events than she cares to recount, most of those under her care have not, and as such still hold the experience to be somewhat magical and special. We had just arrived and I would have escorted my mother-in-law and Alani to the waiting room once Davina was properly situated. The nurse’s insensitive attitude had a negative effect on my psychological state; I can only imagine how my uncomfortable, 39 weeks pregnant, wife felt. Thankfully, the nurse was quite pleasant following our discussion.

2.

The anesthesiologist on duty at that time was able to perform an epidural, but was unfamiliar with a new delivery device. As such, while Davina received an initial dosage, which sufficiently numbed the lower half of her body, the device was not set to provide a continuous flow.  Consequently, the medication wore off about an hour prior to delivery at which point Davina began to experience extremely intense, frequent contractions whose severity was as visible in her facial expressions as they were on the monitor. As ill fortune would have it, the anesthesiologist actually left for the day (I suppose after completing her shift) without returning to check Davina’s condition. Only after informing the nursing staff of the situation was another anesthesiologist dispatched; it took approximately 30 minutes for him to arrive. He noted that the device was not set properly and began to administer medication manually; he continued to administer the medication manually for at least 20 minutes until he was certain that it had taken effect. He apologized profusely and congratulated us in advance regarding our son’s impending arrival.

Generally, the epidural does not (and is not intended to) completely eradicate pain or feeling, but in our case, after multiple manual injections, Davina felt absolutely nothing below her xiphoid process. My understanding is that it is best if the pregnant woman has at least some feeling so that she is able to time her pushes with the onset of each contraction. Davina did not offer any complaints in this regard.

Final Thoughts:

Regardless of the above mentioned issues, we had a beautiful experience. I was able to be an active participant during Connor’s birth (I cut the cord), my daughter fared well and our parents were included as well; it was quite a wondrous experience.

I would like to extend my incalculable gratitude to my coworkers at the LLTC who took the time to offer their sentiments via a beautiful card as well as to bless us with a considerable monetary gift. Thank you. You are all wonderful human beings!

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