A Source for Interstate Compacts

The National Center for Interstate Compacts Database is a great place to start if you need to research interstate compacts.  An interstate compact is an agreement between two or more states.  Those agreements which would increase the power of states at the expense of the federal government require approval of Congress. The site has more than 1,500 associated state statutes you can search through.

Conducting a search for Hawaii yields 21 results:Hawaii Compacts

For example, Hawaii is a signatory of the Western Regional Education Compact. We joined in 1959 and you can look up the statute under HRS Secs. 310-1 to 310-8 (a caveat on this cite: HRS §310 was repealed in 2006. It points you to §§304A-3201 to 3208). The site indicates the compact “creates a regional commission to help Western states increase educational opportunities for their citizens, improve colleges and universities, expand the supply of specialized manpower, and inform the public as to needs of higher education.” There are 16 states involved in this compact and the agency website is www.wiche.edu.

Western Regional Education Compact

Unique Hawaiʻi Legal Research Resources

By Roberta Woods, Reference & Instructional Services Law Librarian

Only four volumes of decisions of the United States District Court (USDC) for the Territory of Hawaiʻi were ever printed. They span the years 1903-1917.  The decisions in these volumes do not appear in the Federal Reporter covering the same time frame.  The Federal Supplement, a West Publishing created reporter of decisions of the federal district courts began in 1933. Prior to 1933, federal district court decisions appeared in the Federal Reporter.

In 1903, the Second Legislature of the Territory of Hawaiʻi in regular session passed S.B. 121 and Gov. Sanford Dole signed into law Act 47, An Act to Provide for the Publication of one Volume of the Reports of the Decisions of the United States District Court for the Territory of Hawaiʻi. It became law on April 25, 1903.  This volume is also known as “Estee’s Reports” because Judge Morris March Estee, the Judge of the United States District Court for the Territory of Hawaiʻi, prepared it.

The Judiciary Committee in the Senate reported that it was “informed that this is done in all Territories.” The legislation allotted $1,700 for the publication of 750 copies of volume 1, which was to be sold by the Secretary of the Territory for not less than $3.00 each.

In addition, each Circuit Judge, Supreme Judge, the Judge of the United States District Court of the Territory, the United States District Attorney, the Governor, the Attorney-General, the Secretary, the Tax Collector, and the Superintendent of Public Works of the Territory were given a copy. Judge Estee had six months to prepare the syllabi and an index for the decisions included in the volume.

Judge Estee had been appointed to the United States District Court for the Territory of Hawaiʻi on June 5, 1900 by President McKinley.  In 1888, he presided over the Republican National Convention.  Originally from Pennsylvania where he was born in 1833, Judge Estee moved to California in 1853. He died in Honolulu October 27, 1903, and was buried in California.

In 1905, the Third Legislature of the Territory of Hawaiʻi convened and S.B. 58, An Act to Provide for the Publication of the Decisions of the United States District Court for Hawaiʻi, was referred to the Judiciary Committee.  Senate Report No. 51 from the Judiciary Committee indicated that, “the Decisions of said Court are binding on the people in this Territory just the same as the Decisions of the Supreme Court of Hawaiʻi. We believe it is for the interests of the public that this Law should be passed.” The Committee also amended the bill’s language from “on” to “from and after the date of” in the Second Section. The legislation allotted $1,500 for not less than 500 copies for volume 2. A syllabi and index were also required of the judges for volume 2.

In 1911, S.B. 25, An Act to Provide for the Publication of the Decisions of the United States District Court for Hawaiʻi, was referred to the Senate Judiciary Committee. The Committee reported it favorably in Standing Committee Report No. 49, and it became law March 4, 1911.  The legislation provided $2,000 for not less than 500 copies of the District Court decisions.  A syllabi and index were also required of the judges for volume 3.

In 1915, H.B. 16, An Act to Provide for the Publication of the Decisions of the United States District Court for Hawaiʻi, was introduced in the House chamber of the eighth legislature of the Territory of Hawaiʻi.  It was referred to the Judiciary Committee and reported favorably out of committee with Standing Committee Report No. 26.

In the Senate H.B. 16 was referred to the Committee on Ways and Means where the language was amended.  The words “not more than two hundred and fifty copies” were substituted for the words “not less than five hundred copies.” The Committee stated in Standing Committee Report No. 194, that the publication will be a convenience to those engaged in law business and that 250 copies would be “plenty” to meet the demand.

Act 75 was allotted $2,500 for not more than 250 copies of the reports.  It was signed into law by Gov. Lucius E. Pinkham on April 13, 1915. Thus, the legislature limited the maximum number of books it would allow to be published where in prior years the minimum number of books to be printed was stated in the law.  Perhaps the benefit to “those engaged in law business” was the reason this was to be the final volume.  However, this law was repealed in 1917.

By 1917, the Decisions of the United States District Court for Hawaiʻi still had not been published from 1915.  S.B. 104, An Act to Provide for the Publication of the Decisions of the United States District Court for Hawaiʻi was introduced in the Senate of the ninth legislature of the Territory of Hawaiʻi. The bill was referred to the Committee on Ways and Means.  The Standing Committee Report No. 259 indicated that an additional appropriation of $3,500 was necessary because the initial allocation of $2,500 was insufficient to create the publication of 250 copies of volume 4 of the reports. The Committee approved the amount but stipulated that the volume should include the decisions rendered since 1915.

In the House, S.B. 104 was referred to the Committee on Finance in which Standing Committee Report No. 440 stated that Act 75 of the Session Laws of 1915 was also to be repealed including the $2,500.  The original amount was inadequate and $3,500 would be largely repaid by the sales.

Summary Table
Year Amount Copies Selling Price
1903 $1,700.00 Not less than 750 Not less than $3.00 each
1905 $1,500.00 Not less than 500 Unspecified
1911 $2,000.00 Not less than 500 Unspecified
1915 $2,500.00 Not more than 250 Unspecified
1917 $3,500.00 Not more than 250 Unspecified

Technology and Law School: A Timely Marriage

By Brian Huffman, Electronic Services Librarian

Law Firms and Courts have recognized the need and value of tech-savvy lawyers for many years. To date, 27 states have adopted an ethical duty of technology competence[i]. It’s time law schools recognize the need and benefits law students receive learning to use technology to help increase their efficiency.

Renowned law librarian Sarah Glassmeyer said it best when asked “What are the top three things future lawyers really need to grasp right now?”:

“InfoSec, which is a cool kid way of saying “Information Security.” Know where your data is and how it’s being protected. 2. The world is the Web and the Web is Social. There is no delineation between your online life and the “real world.” Act accordingly. 3. If tech can replace a “lawyerly task,” then it’s not a task that lawyers should be wasting their time on and billing clients for. Don’t go into the world with an “us vs. them” attitude towards legal tech vendors. Use them to make yourself more productive.”[ii]

Starting Fall 2017 the Law School will offer a course called Technology for Lawyering Competencies (TLC). The course will prepare law students to be proficient with technology in a manner that will focus on skills necessary for law school and as they enter the profession.

All law students are encouraged to attend.  The skills we cover will especially benefit 1Ls experiencing Lawyering Fundamentals for the first time.

Weekly topics and skills include:

  • Legal Databases: Basics of Westlaw & LexisNexis
  • Word Skills for Lawyers: Styles, Table of Authorities, and Document Templates
  • Additional Word Skills for Lawyers: Getting the Most Out of Word
  • The Cloud: Document sharing, versioning, metadata, and cybersecurity
  • Cite Like a Legal Researcher: Bibliography/Citation tools (focusing on Zotero)
  • Browser troubleshooting, security issues, and password encryption
  • Searching Skills: Artificial intelligence and algorithms

To properly prepare lawyers for what is around the corner we will touch upon emerging technologies. Some of the bleeding-edge technology that will be addressed include AI, blockchain, Big Data, and more.

Welcome to the Brave New World of Technology and Lawyering. The profession and our clients will benefit greatly from these advances. WSRSL students are positioned to be on top of their game by utilizing technology to increase efficiency at legal education and in the practice of law.


[i] Robert Ambrogi, 27 States Have Adopted Ethical Duty of Technology Competence Robert Ambrogi’s LawSites (2015), https://www.lawsitesblog.com/2015/03/11-states-have-adopted-ethical-duty-of-technology-competence.html (last visited Jun 16, 2017).

[ii] Ava Chisling, #LegalTechLives with Sarah Glassmeyer, lawyer, librarian and technologist at the ABA Center for… ROSS’ #LegalTech Corner (2017), https://blog.rossintelligence.com/legaltechlives-with-sarah-glassmeyer-lawyer-librarian-and-technologist-at-the-aba-center-for-39c690ad81bd (last visited Jun 24, 2017).

 

Trump Con Law

By Victoria Szymczak, Law Library Director

Of all the podcasts out there this summer, one of the more entertaining and useful ones for law geeks is Trump Con Law.  It is hosted by UC Davis Law ProfessorDonald Trump and US Constitution Elizabeth Joh and Roman Mars, co-founder of Radiotopia, a curated collection of independent, thought-provoking podcasts (check it out if you are unfamiliar with it).  Professor Joh and Mr. Mars review the unbridled adventures of the executive branch under the Trump administration in the context of U.S. constitutional law.  The end result is a targeted lesson in con law based on present-day events.  Weeks 1 & 2 focused on Judicial Legitimacy and the Appointments Clause and Removal Power, for example.  Can’t wait to see what week 3 will bring us!

Trump Con Law occurs weekly.  The podcast is usually a little over 6 minutes in length – so not a HUGE investment in time.  If you miss your Con Law class, or merely want to get a leg up on Professor Freeman this fall, give it a whirl!  It is also a fun way to stay on top of current affairs.

The Law and Public Officials on Social Media: Blocking Beware?

We live in an in ever-increasing era in which the internet intersects with politics. The 2016 Presidential campaign was dominated by Facebook posts, clickbait, internet-driven funding campaigns, “fake news”, and major politicians using Twitter and Facebook to get their messages out. A foreseeable result of this has been politicians wanting to control their message by determining whom may have access to their sites.

One June 13 the Washington Post reported that author Stephen King had been blocked on Twitter by @realdonaldtrump, the Twitter account Donald Trump uses regularly instead of the official @POTUS account. Did this action violate the First Amendment?

Legal scholars at Columbia University’s Knight First Amendment Institute think so. “Blocking users from your Twitter account violates the First Amendment,” the lawyers write in a letter to Trump. “When the government makes a space available to the public at large for the purpose of expressive activity, it creates a public forum from which it may not constitutionally exclude individuals on the basis of viewpoint.”

And here’s a law prof’s discussion of free speech rights relative to websites that are clearly government sponsored. It provides some leeway to politicians’ own sites:

Sometimes individual politicians or private political organizations have their own independent social media presence. Depending upon how they are set up, these may not be considered government forums, even though public officials are using them. Individual politicians who set up their own Facebook pages or Twitter accounts, without governmental sponsorship or funding, are probably not subject to the limitations discussed here.

Donald Trump clearly is a businessman with his own private affairs and interests outside the office as President. He will likely insist he has his name and image to protect and will do all within his power to do so. This presents a new area of the law that needs researched.

References

  1. Mari Cheney, Blocked on Twitter…By the President – AALL Computing Services SIS, http://blog.cssis.org/2017/06/19/blocked-on-twitter-by-the-president/ (last visited Jun 19, 2017).
  2. Timothy B. Lee, Users threatened to sue Trump for blocking them on Twitter. Experts say it’s a long shot. Vox (2017), https://www.vox.com/new-money/2017/6/8/15758408/trump-twitter-blocking-lawsuit (last visited Jun 19, 2017).
  3. Charles Ornstein, Trump Isn’t the Only Politician Blocking Constituents on Twitter, Slate, 2017 (last visited Jun 19, 2017).

A Rare Experience at Rare Book School

By Storm Stoker, Technical Services Support Specialist

I wasn’t even in the door of the old stone Alderman Library on the University of Virginia (UVA) grounds when I heard three clever Harry Potter references. These were my people- book nerds. I was among twenty fellows who received the Institute of Museum and Library Services, Rare Book School (IMLS-RBS) Fellowship.

Storm Stoker at Rare Book School (UVA)

This fellowship is designed to provide professional development education opportunities to early career special collections librarians, with a special emphasis on recruiting those that are currently underrepresented in the field. Funding included travel costs and tuition for the History of the Book 200-2000 course at UVA, as well as for the annual conference of Rare Books and Manuscripts Section (RBMS) of the Association of College and Research Libraries at the Biltmore in Florida (the course and conference took place from June 9-24, 2016).  RBS offers over 60 courses in various locations throughout the US, but their home base is UVA.

RBS Director Michael F. Suarez gave an inspiring introductory lecture, encourages us to look and see the books, and not to just take pictures in an attempt to possess them.  Good advice for anyone in this age of over documentation to stop and enjoy the moment.

Upon arrival in our first class, we were led by candlelight and in complete silence to a dark basement room surrounded by books. I was a little worried we were about to sacrifice something, as UVA is famous for its secret societies.  Artificial candles provided the only light as the professors passed around copies of illuminated manuscripts and told us to read quietly for three minutes. It was difficult reading the ornate writing in the dim

Book with illumination

light and the few phrases I could make out referred to torture, the devil and hell. This strange and dramatic introduction to RBS demonstrated in a very visceral way the difficult conditions in which medieval scribes created their exquisite works. Most scribes had to work on farms during the day and could only do this work at night with a minimum of illumination. This introduction was indicative of the enthralling teaching style of my two professors who led us through 1800 fascinating years of the history of the book.

The course was taught by Dr. John Buchtel and Mark Dimunation. Dr. Buchtel is the Head of Special Collections at Georgetown University and has worked as the curator of rare books at the Sheridan Libraries at John Hopkins University. Mark Dimunation has been the Chief of the Rare Book and Special Collections Division of the Library of Congress in Washington D.C. since 1998. Both professors are eccentric geniuses, gifted with a peculiar and fascinating sense of humor.  The course began with cuneiform tablets and covered the past 1800 years of book production.

As part of the class we visited the Library of Congress Rare Book Collection where Mark Dimunation is “The Chief.” I hope you are all as sufficiently impressed by this fact as I am.  I took a class from THE CHIEF!  We were taken to the special collections room where the most amazing moments of our experience took place. The class got to see and touch illuminated manuscripts that were ancient but glowed as if they were just created. We saw an impossibly miniature book of hours covered with embroidered fabric and encrusted with pearls. The most electric moment took place when a very plain book bound in vellum was produced. It was a scientific book with Marginalia (hand written notes), smudgy fingerprints and dog-eared pages. We were astonished to learn this was Galileo’s book. Not just written by Galileo, but a book written, printed and doodled in by Galileo. The smudgy fingerprints were made by him as this copy came off the printing press he was using. He noticed a mistake in this copy so he used it for his own personal reference and corrected the mistake for future printings.  (Book nerds and book collectors everywhere are now feeling a bit lightheaded as all these details, known as provenance, increase the value). Holding this book was an unforgettable thrill.

Beware, there is singing in Rare Book School.  Before we left Mark Dimunation and

Mark Dimunation, Chief of the Rare Book Spec. Coll. at LOC

another St. Olaf alum, treated us to a strange rendition of their school song. If you haven’t heard this hilarious ditty, I recommend you Google it immediately.  As a class we were frequently and horrifically required to sing “Hypnerotomachia Poliphili” (an early example of printing) but at least I won’t forget the title of this important tome.

Did you know that many expressions that we use today started with the printing press?  “Mind your p’s and q’s,” means to pay attention, because each letter was an individual metal mold, apprentices had to be careful to put the letters back in the right place, to avoid mixing them up.   The capital letters were kept in the top portion of the case (upper case) and the regular letters were kept in the bottom portion of the case (lower case).  There were opportunities to practice printing our own almanacs on UVA’s replica printing press.  We saw some of the vocabulary we had been learning in the flesh, words like; beaters, bite, bosses, fetishes, type height and pied type.

So what is it like to attend Rare Book School?  For the book nerds it is about as close as you are ever going to get to the Hogwarts library. It was the experience of a lifetime and I gained the knowledge and vocabulary needed to work with others researching rare books. I can share the experience with my community and help people appreciate and value special collections. It was informative, inspiring and oh, yes, it was the best “summer camp” ever, if you are a book nerd.