Thursday, May 31, 2007

Banned Books

Ran across a couple of interesting lists I wanted to share.

100 Most Frequently Challenged Books of 1990–1999

ALA's 2006 listof most challenged books

Probably some of the biggest on the Top 100 I noticed were "Catcher in the Rye" by J.D. Salinger, "Of Mice and Men" by John Steinbeck, "The Adventures of Huckleberry Finn" by Mark Twain, the Harry Potter series by J.K. Rowling, "To Kill a Mockingbird" by Harper Lee and a couple of different Judy Bloom books. I link them to Amazon for your purchasing ease.

Wednesday, May 30, 2007

What are you hiding Mr. Cheney?

As librarians we at times have to dance a line concerning patron privacy and reporting things on people. I have dealt less with this than many in public libraries I am sure. However, this story caught my eye and I post it here because there is some crossover.

Apparently the VP has been having the Secret Service destroy the records of who comes to visit him at his tax-payer funded home. My stance on this is "he must be hiding something or just release the logs". I mean if Cheney is meeting with people a VP is supposed to meet with then what's the big deal. I could understand maybe we don't need the world to know the ambassador from Syria has come by 10 times in 11 days (totally made up by me) because of national security but what is he hiding with logs at his home.


For that matter why is there a log, if he can have them erased it must not be a log or a reg so why keep them at all, unless he is doing something illegal which will make this a bigger story. I don't have a log at my house (but millions aren't being spent on upkeeping my home either) so why does he if he just wants it erased. This story confuses me, more so it worries me because we just don't know and not knowing is much more nerveracking than knowing most the time.


To add a law library spin to this I will admit that we protect patron records and don't tattle even when we might be supposed to. For instance if we have someone who is a habitual fine person and the bar asks us if we know any reason why they shouldn't be admitted we keep our mouthes closed. Lawyers are supposed to be good stewards of their clients money and racking up fines with a library shows you are a pretty crappy steward of other people's stuff but we let it slide even though many of use are also members of the bar and are "required" to be tattlers (so very few are though). I share this because I think our best defense is that it is apples and oranges, not returning books doesn't make someone a bad lawyer and a bad lawyer may return his books but most importantly if we start talking about patron's check out style's they lose confidence in us keeping thier ambiguity. If any librarians out there want to tell me how they handle this let me know.

Tuesday, May 29, 2007

Interesting Reference Question

I had a reference question late last week by someone wanting to know "What exactly is a butcher knife?".

This was in line with an actual MS code section, that I blogged about here. But on the library side I wanted to see what other sources people might have to get at this undefined problem. Resources we tried to use were, the Code itself, the MS Digest, the Mississippi Encyclopedia of Law, nothing looked especially promising with AmJur2d or CJS and we were going to use Words and Phrases but it is packed up due to our summer renovation. We have regular encyclopedias but they don't carry any weight. There are also lots of on-line resources, such as wiki, but that is even less official. I know that reference librarians often have no answer but I wanted to see if any of those of you who read this have any suggestions.

Tuesday, May 22, 2007

Sharing Reference Knowledge

I was asked today to compile a list of treatises and resources that might be helpful to a firm that does domestic work. By domestic I mean divorce, child support and custody, alimony and visitation. Below is a list of authorities that you might find helpful. I particularly like the NBI Series for getting to good state specific law but for my money Debbie Bell's Mississippi Family Law is the best single thing out there.

• Bell on Mississippi family law (2005) / by Deborah H. Bell.
• Griffith Mississippi chancery practice (2000) / by Billy G. Bridges and James W. Shelson
• Mississippi rules annotated (2006) / published by MLI Press
• Complex issues in divorce for the Mississippi practitioner (2004) / Mark A. Chinn – NBI Series
• Divorce law 101 : obtaining the best settlement for your client in Mississippi (2006)/ authors, Danna A. O'Brien, Susan Latham Steffey, Annette P. Turner. – NBI Series
• Tax aspects of divorce in Mississippi (2005)/ [authors, Michael W. Dale, Richard C. Roberts, III, Annette P. Turner] – NBI Series
• Mississippi divorce, alimony, and child custody : with forms (2003) / by N. Shelton Hand, Jr. – MS Practice Series
• Handling child custody, abuse, and adoption cases (1993) / Ann M. Haralambie. – This is a multi-volume set that is updated every year, not Mississippi specific
• Child custody & visitation law and practice (1983) / by John P. McCahey – 5 volume set that is updated twice a year, not Mississippi specific
• Valuation & distribution of marital property (1984) / by John P. McCahey – 3 volume set that is updated twice a year, not Mississippi specific
• Letters for divorce lawyers (2006) / Martha J. Church.
• Divorce trial manual (2003) / by Lynne Z. Gold-Bikin, Stephen Kolodny.
• Federal adoption laws (2003) – Lexis Publication
• Child support across state lines : the Uniform Interstate Family Support Act (1996)
• also the Mississippi Encyclopedia of Law usually has good comprehensive coverage but doesn't dig as deep

Monday, May 21, 2007

Mutiny at Law School

Below is a Chronicle of Higher Education article from the May 18, 2007 edition. The premise of the article revolves around the Ave Maria situation and their law school which just gained full accreditation in 2005. If you are not familiar with "the Ave Maria situation" I will give a quick recap.

Ave Maria college was founded by Thomas Monaghan, Domino's Pizza Billionaire, in Michigan. The intent to go with this is to create a truly Catholic college (the law school at this time doesn't seem to be directly affiliated with Ave Maria University but they are both run by Monaghan and seem to be based out of the same Ave Maria Foundation) to stimulate learning and provide a Catholic environment in which to mold these young minds. Monaghan also desired to build a "Catholic" town to go with the school, kind of religious haven for those that want to practice strict Catholic traditions. However, the town deal fell apart in Michigan due to zoning issues (allegedly) and Monaghan shifted his focus to Florida in which he has constructed the town and created Ave Maria University. Now Monaghan's wish is to also move Ave Maria School of Law to Florida and it is being met with quite a bit of resistance from the faculty, hence the below article. Enjoy.


Conflict Over Relocation Divides a Catholic Law School

Professors say they have not been part of the decision to move from Michigan to Florida

A mutiny may be brewing at a Catholic law school whose board has voted to pack it up and move it from Ann Arbor, Mich., to a rural community in southwest Florida.

More than half of the professors at Ave Maria School of Law are fighting the move to Ave Maria, Fla., the town being created by Thomas S. Monaghan, the Domino's Pizza mogul who founded the law school eight years ago.

Critics, including many alumni and students, say the move to the Catholic-oriented town between Naples and Immokalee, Fla., would jeopardize the independent law school's progress. They accuse Mr. Monaghan of moving a successful law school to prop up a struggling university in a town that has already attracted controversy. A spokesman for Ave Maria said Mr. Monaghan was not available for comment.

Supporters of the move counter that a small group of faculty members is undermining the institution by fighting a plan that could boost the law school to national prominence and promise long-term financial stability.

"We'll be moving to an area of the country that not only is growing, but economically prosperous, with a large and growing Catholic population," said Eugene R. Milhizer, associate dean and associate professor of law. Being located near Ave Maria University, a Catholic institution, will benefit students and faculty members, he said, and the law school will have the advantage of being the only one in the area.

The board's February vote to move the law school to Florida in the summer of 2009 has driven a wedge into a school that just a few years ago was celebrating an auspicious start. Mr. Monaghan founded the law school after selling his pizza empire for $1-billion in 1998. The school, which promised a "seriously Catholic" legal education, began offering classes in 2000. Its first graduating class had the highest bar passage rates in the state, and its graduates landed prestigious clerkships.

"The place was really moving and doing well," said Charles E. Rice, a professor emeritus at the University of Notre Dame Law School who believes his opposition to the move cost him his job at Ave Maria. "Morale was great, and then we get this announcement that Tom wants to move the school to Florida, where there was nothing there to receive it."

"The faculty immediately had questions about the move, and they were basically told to shut up," said Mr. Rice, who was a member of the founding governing board at Ave Maria's law school until the administration instituted two-term limits — a move he believes was intended to boot him off.

No Confidence

Last April a majority of the faculty voted no confidence in the law school's dean, Bernard Dobranski, citing concerns over academic freedom and faculty governance. The school's alumni association followed with its own no-confidence vote. The law school's board responded with a terse note of support for the dean.

In May, Mr. Rice circulated a letter in which he criticized the board's decision to move, saying it would have made more sense to open a satellite campus in Florida first (an idea deemed too expensive). "You'd be leaving Ann Arbor, Mich., which is a great intellectual center, and going down to Corkscrew Swamp," he said, referring to a sanctuary near Immokalee. "Go figure."

The week before fall classes began, Mr. Rice was told his contract as a visiting professor would not be extended, his office was packed up, and his belongings were shipped to his home.

Since then, faculty members who oppose the move have been posting their complaints as a group on blogs like Mirror of Justice, which focuses on Catholic legal theory.

Eleven of the law school's 18 faculty members are believed to be opposed to the move, but the group's organizers would only say that "all but a few" of the faculty signed off on the Web postings.

In a posting late last month, the group, whose members say they fear retribution if they speak out individually, accused the dean of retaliating against critics and monitoring their e-mail messages and computers — charges Mr. Dobranski denied.

They said faculty committees that used to be chaired by tenured faculty members are now headed by "the few faculty members whom the dean believes to be loyal to him."

"Cumulatively, such intimidation and bullying has created an intolerable atmosphere of fear and contempt at our school," the Web post states.

The dean called those accusations "absurd." He said he replaced the committee chairs because they were not doing a good job and decided not to renew Mr. Rice's contract as a visiting professor after he circulated another letter that disparaged the board of governors. Mr. Dobranski said that he had no problem with faculty members publicly disagreeing with the decision to move to Florida, but he added that he would not tolerate actions that "undermine" the law school.

An Alternate Plan

One faculty member who is fighting the move says that he and his colleagues have found at least one university willing to acquire the law school and allow it to remain in Ann Arbor, but that the administration won't present the idea to the board for consideration. Mr. Dobranski said no one had presented a viable alternative plan to finance the law school.

"The idea that a group of faculty could take the law school and give it to another university is absurd," the dean said.

The message posted on the Catholic blog said it made no sense "to leave a well-populated area, where a law school has made valuable contacts with the profession and for its students over the last seven years, to move 1,300 miles to a new and untested community, isolated from most of the kinds of social networks in which legal communities thrive."

The dean conceded that he, too, was initially uncertain about the move, but eventually decided that it would help the law school grow. "When the idea first surfaced, I can't say I jumped for joy," he said.

He became convinced that Naples, less than 30 miles from Ave Maria, is a thriving city whose legal community has embraced the law school's move. Students will have plenty of opportunities for internships and jobs, he said.

However, critics worry that the move could jeopardize the law school's standing with the American Bar Association, which gave the law school provisional accreditation in 2002 and full accreditation in 2005.

When a law school makes a major change in its program, the bar has to "acquiesce" to the move. The dean said he had informally notified the association of the law school's plans and was preparing a formal report.

Meanwhile, the bar association is reviewing a complaint that, among other things, faculty members are being cut out of decision making. ABA rules require that faculty members have "a significant role in determining educational policy" at an accredited law school. Mr. Dobranski countered that faculty members have had at least a dozen opportunities to comment on the relocation.

Leo L. Clarke is a spokesman for the faculty members who oppose the move. He was a tenure-track associate professor at Ave Maria from 2001 to 2003, when he left to return to private practice. He said he expected few faculty members would be willing to move to Florida. "The student body turns over every three years, but if you lose the faculty, it's not the same entity at all," he said. "The alumni see this move as a desertion of what they invested in."

Chris McGowan, a graduate of Ave Maria's 2003 inaugural class, agreed. "We started with so much promise and potential, and today I believe the community is severely fractured and increasingly polarized," he said. "Many alumni are absolutely stunned that the board has been so dismissive of our concerns."

Stressing that he was speaking for himself and not the alumni board he serves on, he added: "I was excited that we were going to be engaging in a secular society, but moving to Ave Maria, Fla., would be running away to live in a cocoon."

Independent or Not?

This isn't the first time Mr. Monaghan has started a school in Michigan and later shifted his focus to Florida. After founding Ave Maria College in Ypsilanti, Mich., in 1998, he decided four years later to close it so he could create the university and town of Ave Maria in Florida. (Zoning problems prevented him from realizing his dream in Michigan.)

Founded in 2003, Ave Maria University is offering classes at its temporary campus in Naples while its campus in Ave Maria is built. Mr. Monaghan has been on the defensive since he told area newspapers that he and a Florida land developer planned to build a Catholic town that hewed to a strict morality.

In a May 2004 speech, Mr. Monaghan said: "We'll own all commercial real estate. That means we will be able to control what goes on there. You won't be able to buy a Playboy or Hustler magazine in Ave Maria Town. We're going to control the cable television that comes in the area. There is not going to be any pornographic television in Ave Maria Town. If you go to the drugstore and you want to buy the pill or the condoms or contraception, you won't be able to get that in Ave Maria Town."

Mr. Monaghan has since backed off such statements, saying now that the town will emphasize "traditional family values."

A law-school faculty member who asked not to be identified said the move would constitute a "de facto affiliation" with the university; even though the law school would remain independent, its location on the campus of Ave Maria University would ensure that most people would view it as part of that institution. Ave Maria University has been plagued by administrative turmoil and student-recruitment troubles in recent months, and is not yet accredited.

Some faculty members said they wished their benefactor had simply opened another law school in Florida and left them alone.

"Tom Monaghan thinks he owns our school and can move it like a pizza parlor to another state," one faculty member said. "They've shut us out of the decision making at every step of the way because they know there's no rational reason for it."

Says Mr. Dobranski: "We've done well here. We've thrived here. But I think we will thrive even more there. If there wasn't a financial benefit, I'd still be enthusiastic about moving because it will provide the law school with such a unique opportunity."

Thursday, May 17, 2007

Being a Lawyer has gone to the dogs

Recently saw this article and wanted to share it.


Canine Case Is Doggone Tough
Tennessee lawyer is guardian to pet caught in a custody battle

By Stephanie Francis Ward

You could say counseling the parties in a particularly contentious Tennessee probate dispute is like herding cats—except their disagreement involves a dog: a 13-year-old golden retriever named Alex, to be exact, who has his own lawyer.
Alex’s owner, Ronald W. Callan Jr., committed suicide on New Year’s Day. The man’s divorced parents, Esther Snow Gnall and Ronald W. Callan Sr., both wanted custody of the dog and what they think is a fair share of their son’s estate, valued at more than $2 million. Callan Sr., the administrator of his son’s estate, would not let his ex-wife see the dog. So her lawyer asked the court to appoint a guardian ad litem for the dog to determine its best interest. In March, Paul Royal, of Memphis, Tenn., was lucky enough to get the nod.

Royal, associate at Crislip, Philip & Associates, had never represented a dog before, but says owning an elderly dog helped prepare him for the work.

“Except for the ‘communication problem,’ the dog and I got along very well,” Royal says of Alex. “I don’t expect any complaints to the state bar.”

The court accepted Royal’s plan, described in his guardian ad litem report (PDF), for each of the parties to keep Alex for two weeks at a time. During Callan’s two weeks, the consent order (PDF) holds, the dog will stay with him during the day at a business the father and son owned. Since Callan has cats at his home, Royal says, Alex will sleep nights at the home of Chris Griffith, the decedent’s former girlfriend.

While with Gnall, who has two other golden retrievers, Alex will also spend time with Kim Guill, Callan Jr.’s fiancée, with whom he had been living at the time of his death. According to court filings, there is considerable tension between Guill and Callan’s father. The elder Callan holds Guill responsible for his son’s death, and he repossessed a car that was registered in his son’s name but paid for by Guill.

In his report to the court, Royal wrote that all parties involved love the dog and would care for him appropriately.

“It is also believed that the parties are using this fight for Alex as a means of punishing each other for past transgressions,” the report states. “It’s clear that emotions on all sides are still running high due to the tragic nature of Ron Callan Jr.’s death.”

Gnall even asked one of Callan Sr.’s employees to kidnap the dog for her, according to court records. Gnall denies that she made that request.

“It’s not your everyday court case,” says Royal, who was paid $1,870 for his services. “There obviously is a humorous nature to it, but it’s very serious to the people involved.”

Indeed, the dog dispute may soon be back in court. Joe Townsend, a Memphis sole practitioner who represents Gnall, spoke with the ABA Journal eReport shortly after Gnall picked up the dog. The dog and Guill were in Townsend’s office during the telephone interview, and according to him, Gnall is not happy. She believes Callan has not had Alex on a proper diet, according to Townsend, and has switched veterinarians. All that is problematic, Townsend says, because the dog has kidney problems and arthritis.

“He takes glucose twice a day, and he needs to go swimming,” says Townsend, who has asked the court to add Gnall as a co-administrator of her son’s estate. “There’s way more to this case than the dog. This is just the tip of the iceberg.”

Other property from the estate includes a Florida condominium and a wine collection valued at $200,000.

While it’s not unusual for parties to fight over money or sentimental items in an estate, the desire to get the decedent’s pet is unusual, says Dennis Belcher, a Richmond, Va., trusts and estates lawyer. Instead, he says, it’s often hard to find someone willing to take the animals.

Belcher, a partner at McGuireWoods, says clients don’t like to consider their pets as property, even though they are under the law. Pets weren’t recognized as valid trusts in most jurisdictions until the advent of the Uniform Trust Code in 2000, he says.

“I have not seen an increase in pet trusts since then,” he says.

But Belcher has handled pet care requests for clients. One couple in their 60s with no children but three cats asked that he create a trust to be administered by a friend. They wanted a stipulation that the cats not have tattoos on their lips.

“And I said, ‘Who would do that?’ ” Belcher recalls. “Well, say I’m the trustee and paid to handle the cats—how do you know you’ve got the same cat you started with?”

His clients, who lived on the East Coast, also directed that in the event of their deaths, the cats would be sent to live at a California cat hotel. Their will left specific shipping instructions.

The couple actually outlived their pets, Belcher says, but such a will shows how much people care about their pets.

“Most people treat their animals like children, and the court treats them like toasters,” says Kristina A. Hancock, who chairs the animal law committee of the ABA’s Tort Trial & Insurance Practice Section. Hancock, senior counsel with Luce, Forward, Hamilton & Scripps in Del Mar, Calif., applauds the court’s ruling for Alex the dog.

“Whenever we see an animal treated better than a toaster, we think that’s progress,” Hancock says.

Monday, May 14, 2007

Reference Library Links

Couple of links I wanted to pass along that I have found and used this week.

Washington Watch.com which is a site for Federal legislation that allows comment and despite the lack of "authoritative annotations" its a neat place to go. Also most people who would use them are looking to argue one side or the other and here that discussion may already be underway so it could help you hone in on what your talking about.

Merlin Net, this is a very unknown part of the Mississippi Government's website. It has a lot of public access stuff including budgetary numbers that are often very hard to find in one place.

the 9th Circuit (State of Mississippi) Court has now gone online, here. I haven't done much exploring here yet but found it interesting. This court covers Warren, Sharkey and Issaquena counties.

Thursday, May 10, 2007

Copyright Law

Holy Cow someone had too much time on their hands, it is pretty humorous while being educational. I found it at Library Law Blog

Follow the link for the long video.

Monday, May 7, 2007

Book Cart Drill Team - The Bookaneers

I'm amazed I haven't heard of this before but here is video proof:

Bookcart Drill Team Competition, American Library Association Conference, New Orleans 2006
"Mr Sandman" "The Bookaneers" (Seattle Public Library)

Book Cart Drill Team - The Book Divas

Bookcart Drill Team Competition, American Library Association Conference, New Orleans 2006
"The Book Divas" (Fairbanks Independent School District, Houston)

Book Car Drill Team - The Booky Monsters

Bookcart Drill Team Competition, American Library Association Conference, New Orleans 2006
"The Booky Monsters" (University of Wisconsin/Madison SLS),

Book Cart Drill Team - The Pitt Crew

Performance of the University of Pittsburgh's Book Cart Drill Team, "The Pitt Crew" at the ALA Annual Conference, Chicago, IL 2005

Monday, April 30, 2007

Irony in the Library

I was changing out the magazine's yesterday, putting new ones up and noticed something interesting. I was putting up a Business Weekly, dated March 19, 2007, with the cover story "The Trouble with India" with a subtitle indicating India's falacies. In the same hand (directly beneath on my shelf) I was taking off a Chronicle of Higher Education, dated March 2, 2007, with the cover story of "Courting a Subcontinent: A whirlwind tour of India by Cornell's President highlights U.S. institutions' haste to find global partners".

To me this is horribly ironic as one toughts India positively while the other rips it a new one (I didn't read the article but the tone and the elephant breaking apart as the cover art make me think its not a positive perspective). Two Mags, One Shelf Apart, One Similar Idea, Two very different Ideas

Wednesday, April 25, 2007

Sandal Update

testing update is more appropriate but the most interesting thing is the sandals/flip-flop count. Yesterday had 4 test (2 male/2 female) and 2 pair flip=flops; today had 6 tests (5 male/1 female) 2 pair flip-flops. I watch this b/c this is a timed test involving walking around to find stuff. However, as K asked I don't really see a correlation b/t flip-flops and grades to this point. More generally today's students were brutal, the last guy made a perfect score but the first 5 not so much, had a couple of 14 of 20's, its just frustrating to watch people struggle at something they sat through classes to learn.

Monday, April 23, 2007

Had to post this library related You-tube

I had seen it before but I saw it again today and had to post it. Kinda a long but its worth it IMO.

Link