Congress May Eliminate Print Federal Register & CFR

1,July 17, 2014 by

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Congress is considering eliminating the statutory requirement to print the Federal Register, Code of Federal Regulations (CFR) and to produce their indexes. The Federal Register and Code of Federal Regulations (CFR) would be required to be published electronically. H.R. 4195, the Federal Register Modernization Act available at bill/4195  available at https://beta.congress.gov/bill/113th-congress/house-bill/4195  passed the House unanimously by voice vote on July 14, 2014 and is headed to the Senate Homeland Security and Governmental Affairs Committee.

The Alameda County Law Library (ACLL) in Oakland has the current CFR in print which is a mixture of 2013 and 2014 volumes. HeinOnline (web subscription, available in the Main Oakland Law Library and Hayward Branch Library) provides the CFR from its inception in 1938 to the present as well as CFR – Compilation of Sections Affected, 1958 to 2014 (the present) and the CFR –List of Sections Affected, 1949-2000. Fortuitously the library has the commercially printed and superior index West’s Code of Federal Regulations, General Index issued yearly in four volumes.
Although the library no longer has the Federal Register in print, our HeinOnline subscription, available in the Oakland Main Law Library and the Hayward Branch, has the Federal Register, Vols. 1-79 (1936-2014) and is updated daily. Included are the Federal Register indexes.
See the American Association of Law Libraries’ Advocacy One-Pager on the Federal Register and CFR for background information at http://aallnet.org/Documents/Government-Relations/Issue-Briefs-and-Reports/2014/FRonepager.pdf.

Hidden Gems of the Library – Part 3 : Form, O Form –Where Art Thou?

1,July 14, 2014 by

Hidden-Gems-logoWest's code formsHave you ever noticed that for some California Code sections there are forms created by legislation that are specific to that code section? Ever wonder where you can find sample templates for that code section?
Need the statutory power of attorney form? Need a form for a Notice of Intention to Appeal on a Settled Statement? Or what about a Complaint to Enforce Duty of Spousal Support?
The answer is: At the end of Stack 106B at the end of the West’s California Codes on the Main Floor of the Law Library – or even better than that! The code forms are available on Westlaw Next and once found can be emailed to yourself at no charge.
There are volumes for Business and Professions Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Elections/Fish and Game/Food and Agriculture/Insurance Codes (not many of each), Family Code, Government Code, Probate Code, Revenue and Taxation Code and Public Utilities Code.
Check them out if you have a reference to a particular code section. You may find the template you need and save a lot of time and effort. They are also updated every year with supplements or pocket parts to remain current.

Hidden Gems of the Library – Part 2 : Liability from Errant Golf Balls?

1,July 7, 2014 by

p13503828-2082LHidden-Gems-logoEver wonder how to prove your case for that errant golf ball or put together interrogatory questions on Employer Liability for Employee Injury from a Third Person? –or- a Toxic Liver Injury? – or – Injury by Non-Use of a Computer? Are these topics which you know little or nothing about? Then this week’s featured “Gem” may be just what you need.

American Jurisprudence Proof of Facts (Am Jur Proof of Facts for short). This multi-volume (122 volumes) set can help you determine what you need to prove and how to use that information to win your case in a quick and efficient way. The set is not California specific, but includes such a vast amount of useful information that is should be seen as an extremely valuable tool to use while litigating your case. There are also lots of references to other sources to find more information on diverse and very specific subject areas.

Volumes are published sequentially and the set covers a wide range of topics in civil litigation and some criminal defense areas. Subjects covered include personal injury/torts, employment litigation, real estate, business torts and commercial litigation. It also discusses ways to avoid difficulties or failures of proof in presenting your information.

Each section includes legal analysis of the underlying law, checklists with elements of damages and proof, sample pleadings, discovery and motions. There are also sources for developing interview questions, interrogatories and even trial and deposition questions. It even includes sample proofs and questions to use when examining an expert witness.

Topical sections are written by judges, attorneys and experts in the subject field.

Plus, there is a five-volume index to the set to assist you in getting to the right article.

AmJur Proof of Facts, now in its third series, can be found at KF 8935 .A83 on the second floor of the library.

Come in and check it out. You might wish you’d have been using it a lot more often!

Used/Out Dated Nolo Books, Statutes, Tax Portfolios for Sale

1,July 2, 2014 by

BOOK_sale

The Law Library is selling some of its used/out of date books. Currently the prices range from $4.00 each for some old California statute volumes such as Penal Code and Health & Safety volumes to $20.00 for a used, older edition of Black’s Law Dictionary. There are Nolo books on many subjects such as divorce which are all priced at $5.00 each. The selection varies from day to day.

BNA Tax Management Portfolio $1
Black’s Law Dictionary $20
CEB Action Guides $15 each
Cal Jur 3d volumes $4 each
Codes/Statutes volumes $4 each Nolo books $5 each with or without CD

Get a Jump on MCLE Credits – Buy Now Listen Later

1,July 2, 2014 by

ACLL_logo

Get a Jump on MCLE Credits – Buy Now Listen Later
Buy before July 31 and have a year after purchase to earn your credit(s) if you purchase a CEB On-Demand MCLE program through the ACLL’s discount program of $35 per credit.
Choose from a select list of On Demand titles with either elimination of bias, ethics or substance abuse credits here (scroll down to listings beginning with “On Demand”).
Or choose from the complete list of CEB programs and come into the law library to complete the purchase.

Motion in Limine Changes at Alameda Superior Court

1,June 30, 2014 by

Effective July 1, 2014 each motion in limine requires a $60 fee.  Read the full announcement on the Court’s webpage

If you’d like to read about introducing evidence and motions in limine, see Laying a foundation to introduce evidence (preparing and using evidence at trial)  by Donald F. Miles. [A CEB action guide] 2012. KFC 1030 .Z9 M55 2012 — Action Guides Area

For more guidance from CEB, consider searching “motion in limine” in the CEB OnLaw database available at both the Oakland or Hayward branches of the law library.

See also Civil Practice Guide: California Motions in Limine available in both the Oakland and Hayward branches through the library’s WestLawNext subscription.

You can help keep the valuable research tools available in the law library by making a tax-deductible gift to the Alameda County Law Library online, by calling or mailing to Alameda County Law Library, 125 12th St., Oakland, CA 94567.

 

 

 

 

 

Hidden Gems of the Library’s Collection

1,June 16, 2014 by

Hidden-Gems-logoWe all have a tendency to use the same materials over and over again because they are comfortable and reliable.
This is the beginning of a new series to familiarize you with some other resources available in the library which you might find helpful in doing your legal research.
For this first post, we are featuring the California Judge’s Benchbook series. The practice materials we have from Rutter, CEB , Lexis and other publishers are either written for attorneys or the general public (NOLO). The Judges Benchbooks are written as guides for judges to use in understanding cases and in making decisions relevant to them. According to the Preface they are to be “used to guide a judge through the proceedings”. Often, it also can help attorneys and participants to learn about the proceedings from a judge’s perspective and it can be useful in presenting information in court. The books often have information in them which may be not found in the attorney practice manuals.
The California Center for Judicial Education and Research (CJER) which creates the Benchbooks (published by West) also conducts continuing education programs for judges as well as training programs for new judges. The Benchbooks are updated annually.
The books on civil procedure are organized chronologically paralleling the steps and procedures in a civil case. They books are located on the open shelves and include:
California judges benchbook 2d. Civil Proceedings—before trial KFC 995 .C335
California judges benchbook. Civil Proceedings – discovery KFC 1020 .C35
California judges benchbook 2d. Civil Proceedings – trial  KFC 1025 .C335
California judges benchbook. Civil Proceedings – after trial KFC 1061 .C335
California judges Benchbook : small claims court and consumer law KFC 976 .C34 (at the Reference Desk)
Other titles in the series outside the civil procedure area are:
California judges benchbook: domestic violence KFC 1121.4 .C3
California judges benchbook: search and seizure KFC 1162 .C357
Look for more hidden gems on our blog in the near future.

Witkin Lecture

1,June 2, 2014 by

On May 14, 2014 the Bernard E. Witkin Alameda County Law Library held the 17th annual Witkin Lecture featuring Presiding Judge Winifred Smith and Court Executive Officer Leah Wilson. Their presentation, covering the operations of the Alameda County Superior Court, discussed the challenges facing the court that are largely caused by the budget crisis: since 2008 the California judicial branch has lost $1billion in General Funds income from the state. Judge Smith and Ms. Wilson took questions throughout their presentations

The branch also receives funding from case filing fees, but the number of filings statewide has dropped from 10 million to 7.5 million filings annually. Statewide filing fees account for 9% of trial court funding and in Alameda they are 3%. Along with fewer cases filed the number fee waivers granted has increased. The budget crisis required the Alameda Superior Court to cut expenses: reducing staff by 22%, reduced clerk office and phone hours, and elimination of universal filing.

To offset some of those revenue losses the Superior is focusing on local revenue possibilities such as accurate collection of filing fees, imposing new fees authorized by law, and charging for online access. The charge for online access includes increased functionality – the ability to search by party name instead of only docket number.

Recent legislation further impacts the judicial branch: the reserve funds built up by the courts must be spent down by June 30, 2014 – leaving nothing to offset declining fee revenue and lower allocations from the general fund. A new Workload Allocation Funding Methodology (WAFM) allocates funding based on an analysis of staffing needs and costs. This means that some courts will get more money and some will get less than before. Alameda gets less funding than before.

In 2013 the Alameda Superior Court was reorganized to a case type instead of a location –based organization – and brought in a new executive leadership team.

Taking questions throughout their presentation Judge Smith and Ms. Wilson increased attendees’ knowledge of the fiscal, statutory and public policy challenges facing the Alameda County Superior Court.

A video recording of the program is available on the Alameda County Law Library’s YouTube Channel, https://www.youtube.com/channel/UCpT0FBsqSaL5ORDRhSc3Teg In 4 parts

http://youtu.be/o0p5cZaljno

http://youtu.be/UyL3N9yIkUE

http://youtu.be/cepIll7KtTk

http://youtu.be/6Dc1sIIt_ls

The PowerPoint deck is available as a movie at: http://youtu.be/I4uj9bIOTdc

 While the Alameda County Superior Court receives only 3% of it’s income from a portion of filing fees, filing fees comprise over 90% the Alameda County Law Library’s income. The drop in the number of case filings slashed law library income by 25% since 2007; that means less money to spend on updating books and less money to spend on new books and databases. You can help by making a tax-deductible gift to the Alameda County Law Library online, by calling 510-272-6483 or mailing to Alameda County Law Library, 125 12th St., Oakland, CA 94567.

 

Register for the 17th Annual Witkin Institute!

1,May 9, 2014 by

acll logo

witkin image

Flyer/Registration Form: http://www.acgov.org/law/2014_0410_Witkin2014Flyer.pdf

 

Advocating for Veterans: New Book

1,May 6, 2014 by

PLI Logo

Advocating  for Veterans: The Basics on VA Benefits, Discharge Upgrades and Veteran Cultural Competency 2013/

Theresa Mesa and Teresa Panepinto, cochairmen New York : Practising Law Institute, c2013

 KF7709 A38 2013 New Books Cart *DONATION

 

PLI Course Handbooks are excellent resources. If you have used them, you know that the Course Handbooks consist of reprints of speakers’ presentation materials. My only quibble with this one is the quality of copies of forms and other sections which are very faint. But in general this is an excellent guide to Veterans benefits.

The presenters are from Swords to Plowshares, the Veteran Justice Center at Legal Aid Foundation of Los Angeles and The Office of Legal Services, The State Bar of California.

The Course Handbook includes:

  • Benefits for disabled veterans

o   Explanation, forms, sample documents and briefs

o   Self-help materials

o   Agent Orange

o   PTSD

o   VA overpayments

  • Military discharge

o   Upgrade and review

o   Forms, briefs, and procedure including codes and rules

  • Advocating for Veterans

o   Understanding Veterans’ military culture

  • Combat experience
  • Duties
  • Training
  • Injuries and trauma

o   Understanding Veterans’ cultural competencies

  • Segueing to community
  • Conflicts with military culture may lead to
  • Physical and mental illness
  • Domestic violence
  • Other criminal behavior

 

*This book was donated to the Law Library by an attorney who attended the PLI Program. If you have materials from PLI, West or other programs which you no longer need, please consider a donation to the Law Library.


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