Law Library Closed for Holidays 12/24/10-1/2/11

by Sarah Prosory 21. December 2010 14:36

Hi all!

We truly hope you enjoy your holidays! Be sure to take some time for yourself! Read a good book! Cool

Don't forget that the Law Library will be CLOSED beginning Friday, December 24th 2010 through Sunday, January 2nd 2011. We will resume our normal hours on Monday, January 3rd 2011 at 7:30am!

As always, check out our hours at: http://www.phoenixlaw.edu/libraryhours.

Holiday Light Displays

by PSL Law Library 20. December 2010 10:15

 

 

Picture Source: www.morguefile.com

One of my favorite things about the holiday season is the light displays in the front yards of many homes.  I took a trip to Walt Disney World a couple of years ago and was impressed with the Osborne Family Spectacle of lights.  These lights lit up an entire area of one of the parks.  The lights were beautiful and danced to the holiday tunes that played in the background.  From my trip I learned that the lights were formerly displayed in Little Rock Arkansas as part of the Osborne Family’s holiday display.  The Arkansas Supreme Court ruled that the lights were a nuisance and the family could no longer have their display. The next year the Walt Disney Company stepped in and bought the lights and they continue to be on display to this day. 

I began to wonder about how many other cases were affected by the ruling in the Osborne case.  Specifically large light displays being considered a nuisance and not being allowed.  I decided to conduct a search on LexisNexis to find out.  I began by searching for the case.  From the search tab I selected, States Legal – U.S. view more.   I clicked on Arkansas and then AR Federal & State Cases, Combined.  I chose a Terms & Connectors search and entered the following search terms, Osborne & “Christmas Lights.”  The second case in my results list was Osborne v. Power.  After a brief glance I realized this was the case.  I scanned the headnotes and discovered the HN4 was the headnote I was interested in.  My final action was to Shepardize the case and find out how many other cases cited HN4.  I was surprised by the answer.  You may be too but to find out you’ll have to Shepardize the case on your own.

Have a Happy Holiday Season!

WestlawNext Available to All in January 2011

by Sarah Prosory 17. December 2010 09:57

When you return to Phoenix Law in 2011, ready to start the new year fresh, don't be caught off guard by the change from Westlaw to WestlawNext! You will still have access to "classic" Westlaw, but now the option to use WestlawNext will be available. Also, some searches in Westlaw will send you to WestlawNext. We want you to be prepared! So here's the scoop!

How to access WestlawNext:

Log-in to Westlaw as you normally would, but then choose WestlawNext at the very top of the screen:

 

Also, if you conduct your searches using the Legal Research Center (in the middle of the page after you login), your results will automatically be retrieved using WestlawNext:

 

PLEASE NOTE: Currently you cannot print to the Westlaw printer using WestlawNext!

Choose another printer in the meantime. 

View this PDF for tips on how to get around the printing issue.

What does WestlawNext look like?

 

With a single search box, you don't have to select a database to begin a search. No need to truncate words or use connectors either, but you can if you like. The single search box doesn't mind. Just type in what you're looking for and select a jurisdiction. 

The results will be returned by relevancy and sorted into categories for ease of use.

Wait! I like to limit and use terms & connectors!

The single search box allows you to enter terms & connectors if you'd like, and you still have the option of limiting your search ahead of time:

Also, the Advanced Search feature...

...will help you build a Boolean Terms & Connectors query:

So... test it out! Get familiar with the interface so you can be an efficient researcher!

Need help?

  • Don't hesitate to ask a librarian for assistance with the new interface! Email us or call us at 602.682.6898. Visit the reference desk in the law library during the hours librarians are available for reference.
  • There are trainings and user guides online that are extremely helpful. Once you've signed into Westlaw under the Home tab choose either "User Guides" or "Training" and follow the prompts to WestlawNext.

Enjoy your holidays, and look forward to the changes in January! Smile

(All images used belong to Thomson Reuters)

Juror Searches Wikipedia

by Sarah Prosory 17. December 2010 08:49

This morning I saw this Slashdot.org article about a mistrial declared in Florida because a juror searched Wikipedia for a term that was unknown to her. She was "just looking up a phrase". Despite numerous warnings from the judge to jurors to not research the case, the juror brought what she found on Wikipedia to the jury room.

This is nothing new. Back in January of 2010, a murder case was thrown out because a juror looked up a definition on Wikipedia as well. The Washington Post wrote a very good article about how technology has caused more trouble for jurors who need to refrain from using it while serving on a jury.

My pondering is... will jury rules need to change to adjust to our technology-filled world? Should lawyers provide definitions/more information to confused jurors, so that jurors don't need to feel that they should look things up themselves? All it takes is a Google search on a smartphone and they have their confusion resolved. Give your comments below!

Chocolate Library?

by Sarah Prosory 16. December 2010 09:28

In New York, a small business owner is in dispute over the name of his store. The name in question? Chocolate Library. His choice in name has been rejected over the idea that it will confuse or mislead people into thinking it was an actual library. A law in New York since 2006 states that the commissioner for education must be consented for use of the word "library" among other words in a certificate of incorporation or company name.

Curious, I checked Westlaw for this law. Within the Westlaw Directory I selected U.S. State Materials, then I did a search for New York. I selected New York Statutes Annotated (NY-ST-ANN). I did a natural language search: commissioner of education consent to company registration name library. The third result down gave me the following explanation:

Effective January 1, 2006, an LLC may not use words, such as “school,” “education,” “college,” “university,” “museum,” “arboretum,” “historical society,” “library” or other term restricted by Section 224 of the Education Law, or any abbreviation or derivative of any such word, in its name without the consent of the Commissioner of Education. This provision is subdivision (i) of Section 204. In addition, Section 216 of the Education Law was simultaneously amended by adding an undesignated paragraph which provides that a company (which would include an LLC) may not knowingly use, advertise or transact business with the word “museum” or “arboretum” in its name unless authorized by special charter or the Board of Regents. An LLC that had been using either “museum” or “arboretum” in its name prior to the January 1, 2006 effective date of this provision had until December 31, 2006 to obtain the requisite consent to use such word. A violation of Section 204(i) would be a misdemeanor.

(Links require Westlaw login credentials. From: McKinney's Limited Liability Company Law § 204)

Read the article here from the New York Times.

What do you think? Should the State Education Department have the right to consent over names of corporations or companies? Comment below!

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