Maurer School of Law: University Digital Repository @ Maurer Law

Res Ipsa Loquitur Law Library Publications

2-2007

Vol. 17, No. 05 (February 2007)

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Newsletter of the Law Library

Indiana University School of Law - Bloomington Volume 17, Number 5 February 2007

New Look, New Features for IUCAT

By Nonie Watt , Head of Technical Services

UCAT, the university’s online catalog with more directly from IUCAT. thanI 5.6 million titles, was upgraded over the semester break. A number of new features were There are a couple of other important issues related implemented including the following: to the upgrade: • New Front Search Screen Design — The • When logging in from off-campus, new Basic Search screen allows you to enter title, you will now be asked to log in twice. This is not a author and/or keywords simultaneously. This is a mistake. The first login takes you through the cam- vast improvement when searching books with com- pus proxy server and allows you access to electronic mon titles or works by prolific authors. books, databases and e-journals that are restricted to IU users only. The second login connects you to your • Special Search Screens for DVD/Video, library account where you will able to renew materi- Sound Recordings and Electronic Books — Fo- als, request delivery, etc. cus your search to a particular kind of material by

selecting from the search screen menu on the right. Electronic Book Search is still in the test phase, but will eventually allow you to narrow your search to WHAT’S INSIDE? books available electronically.

• Quick Search for Journal Titles — Need NEW AND NOTEWORTHY 2 to find your favorite journal fast? Try the new Peri- ANTI-SPITTING 2 odical Title Search screen. For single word journal JANUARY DISPLAY 3 titles, for example, Science, use the Exact button. SUGGESTION BOX 3 FORMS 3-4 • GoogleBooks and WorldCat — You can WORKING THE HALLS 4 now expand your search outside the IU system by simply clicking on GoogleBooks or WorldCat 2 and Elizabeth Osborn, is a wonderful collection of memorial • There are currently problems with the Print/Email/Save profiles previously only available in the original reporter vol- function. Call numbers do not print on the records. While this umes in which they were published (Indiana Reports and Indiana Cases). In addition to reprinting the original text, each entry issue is being resolved, the Print Help screens will provide you includes a portrait and a biographical “fact box” which lists birth with instructions on how to work around the problem for the date, death date, education, etc. Although the vast majority of time being. men (and all are indeed men) memorialized sat on the , a few, including the very first (Abraham Lin- If you have any questions or encounter problems, please see a coln) did not. Needless to say, quite a few of the honorees are gradates of the IUB law school. Arrangement is chronological Reference Librarian for assistance. by original publication date, but an index makes it easy to look up individuals. Of special note is that Adams and Osborn were assisted by current IUB law student Gregory S. Knapp (‘08).

New & Noteworthy: Dick Vaughan Supreme Indiana Acquisitions and Serials Control Librarian History

Thornton, W. W. Isaac Blackford: The Anti-Spitting Laws: Nothing to Sneeze Indiana Blackstone, edited by Douglas Fivecoat. At : Indiana Supreme Court, 2005. [KF 373.353 T56 2005] If you’ve ever seen a “No spitting” sign in a public space or heard reference to anti-spitting laws, you might have wondered Adams, Wendy L. and Elizabeth R. Osborn. In whether the powers that be should be criminalizing what might Memoriam: Glimpses from Indiana’s Legal Past. seem to be merely a matter of etiquette. It turns out that anti- Indianapolis: Indiana Supreme Court 2006. [KFI spitting laws were adopted in response to a very real public 3512.I52 2006] health danger, tuberculosis (aka “TB”). The “bug” that causes TB, Mycobacterium tuberculosis, can survive in a dried state for The Law Library recently received a few publications from the weeks, according to Wikipedia, and possibly up to eight months, Indiana Supreme Court that may be of interest to library patrons. according to Rick Mower, an IU microbiologist. So when an Issued as part of the Court’s initiative to collect and distribute infected person spits on the sidewalk, TB germs in his saliva can the court’s history, the publications are part of a new Indiana Su- survive there for quite some time and possibly wind up circulat- preme Court Legal History Series. Other projects that are part of ing in the air, to be inhaled by passers-by. the same initiative include scholarly symposiums at Indiana law schools and the recent restoration of the Court’s chambers to their TB was one of the largest public health problems in Europe and original 1888 appearance. According to Chief Justice of Indiana the U.S. in the 19th and early 20th centuries. The disease was Randall Sheppard, the goal of the initiative is to “encourage Hoo- commonly referred to as “consumption,” since it seemed to con- siers to understand and appreciate their own institutions.” sume all of a victim’s energy. To give an idea of the scope of the TB epidemic, one in four deaths in England in 1815 was due The first publication in the series is a biography of legendary to TB.; a century later in France, it remained the cause of about Hoosier lawyer, Isaac Blackford (the man for whom Blackford’s one death in six. Reports is named.) The biography is written by another famous Indiana lawyer (and former librarian of the Supreme Court Li- In the 1880’s, scientists realized that TB is contagious. This brary), W. W. Thornton. Thornton wrote the biography in 1930 at discovery led to anti-spitting campaigns and, in many parts, the the age of 79. The manuscript was never published and found its criminalization of spitting. I performed some cursory research way into the Manuscript’s Division of the State Library. Happily and found that anti-spitting statutes remain “on the books” in however, Douglas Fivecoat has retrieved the manuscript, edited Arizona, Louisiana, Massachusetts, and New Hampshire, as well it, and provided appropriate illustrations. In addition to being a as in New York City’s municipal ordinances. States whose codes succinct profile of Blackford and the early days of the Indiana le- retain mention of repealed anti-spitting laws are California (re- gal system, Thornton provides (in Chapter 6) profiles of the eight pealed in 1984), Connecticut (1971), and Maine (1977). other men who served with Blackford during his 35 years on the “Old Supreme Court.” Also included is Thornton’s bibliographic Do we still need anti-spitting laws to protect the public health? essay on Blackford’s Reports. In 1946, streptomycin, an antibiotic, was found to effectively cure most cases of TB at that time. Unfortunately, the TB “bug” The second publication, compiled and edited by Wendy Adams 3 has been able to mutate quickly enough to require stronger and and placed it in a file where I keep my ideas for future displays. stronger antibiotics and longer courses of treatment. In fact, nowa- It sat there for a number of years since I was never sure how to days, the standard treatment for an active case of TB is a combina- use it to build a display. Then this academic year I was assigned tion of rather toxic drugs that can seriously damage the liver, so it’s the January display with Head of Circulation Rebecca Bertoloni a good idea to avoid infection in the first place. Meli. Rebecca is from England, and we frequently discuss British history, politics, kings, queens, and BBC comedies. I thought that According the World Health Organization, about 50 million people with Rebecca’s expertise the time was right to work on developing worldwide are infected with strains of TB that are resistant to one this idea. The display is the result of our work. or more of the most powerful drugs available. Immunocompro- mised persons (like those who are HIV-positive) are at particular It was interesting to follow the progression of these laws. Of the risk. While most of those afflicted with drug-resistant strains of three laws that are excluded, two deal with usury and one with TB live in developing countries, the problem has spread to all parts small claims. The significance of the fourth year of the reign of of the world, including the U.S. Because TB is still around and James I (i.e. 1607) is that is the year that Jamestown was founded in more dangerous than ever, anti-spitting laws are arguably still a Virginia. The three exceptions appear to begin with the Northwest good idea. Territory legislature in 1799. The was created out of the in 1800 and in 1807 Indiana adopted Liz Goldberg the same three exclusions. The Illinois Territory was created out Reference Librarian of the Indiana Territory in 1809, and Illinois adopted the Indiana laws. Colorado used Illinois as a basis for its laws. I could not find any discussion of what jurisdiction Wyoming used as a basis for its laws, but since these common law exceptions appear in Wyoming JANUARY DISPLAY: RECEPTION OF THE COM- from the very beginning, they must have used Colorado. MON LAW It was an interesting display to developed, complete with pictures of Henry VIII, Elizabeth I, and James I. I would like to express The display for January is titled “Common Law Reception Stat- my thanks and gratitude to Rebecca for her work on the display. I utes,” but the focus of the display is the four states that all have hope you found it interesting. the same exclusions to the wholesale adoption of the common law. The genesis of this display goes back a number of years when I Michael Maben was looking for something in the . I do not remember Cataloging Librarian what I was looking for at the time, but as I was thumbing through Title 1, I happened to come across 1-1-2-1, Hierarchy of Law. In Part 4 of that law I noticed three different English monarchs mentioned: James I, Elizabeth I, and Henry VIII. Because of my There’s a Form for Nearly Everything, interest in American colonial history and in British history, my cu- Many of them are Online riosity was piqued. Why were three English monarchs mentioned in the Indiana Code? What did this mean about the common law and statutes of the British Parliament as they existed prior to 1607, Need a form to lease a jet airplane. We’ve got that. the fourth year of the reign of James I? What were the subjects of Need a form to draft a municipal ordinance banning dog feces. these three laws that were specifically excluded? We’ve got that.

Initially I asked my colleague Ralph Gaebler about the statute. Transactional work is a large part of the practice of law. Students Ralph told me that it was a reception statute, adopting the common need to be aware that there are numerous drafting aids containing law of England as the law in Indiana. I wrote down the citation

THE SUGGESTION BOX

Every month in this space Associate Director Linda Fariss responds to a suggestion from the Suggestion Box.

Since we had no suggestions this month I thought I would use this space to report on the heavy duty hole punch. Some of you may have noticed that it is no longer out. That is because we came in one day to find it in several pieces with the frame substantially bent! I can only assume that someone put all of their weight on it to bend it in such a fashion. Because of this we will not be assuming the expense of replacing the hole punch this academic year. Over the summer we will revisit a new purchase for next academic year. In the meantime you can use the electric hole punch by the copy machines outside the Reference Office. Hopefully, if we replace the hole punch in the future, it will be treated better. 4 forms, guidelines, checklists, etc. that are available to practitioners so they do not have to create documents from scratch. In fact, your (KFI3213 .A75 P56 2001 general collection 2nd floor of the li- fee might not be reasonable if you spend hours researching and brary) drafting a form when there is one that you can use as your depar- - The Business Lawyer’s Encyclopedia of Indiana Forms ture point. Chances are, there is already a form out there created (ICLEF), (KFI 3152 .A75 B87 2000 general collection 2nd floor by subject experts that you can modify for your own use. (Bearing of the library). in mind that the attorney is ultimately responsible for - The Purchase and Sale of a Business (ICLEF), (KFI 3215 .P8 t h e - soundness of the document—Does it account for all appli- P87 1987 general collection 2nd floor of the library) c a b l e laws? Does it take into account all reasonably foreseeable - Representing the Small Business (ICLEF), (KFI 3213 .A75 contingencies?) Furthermore, when you find a relevant form on- R47 1999 general collection 2nd floor of the library) line (Lexis or Westlaw), you can cut and paste it directly into your word processor without having to retype it. Subject Form Books and Treatises with Forms - Some come with a computer disk or CD-ROM so forms can be used without General Form Books of a Transactional Nature—there are also having to be retyped. Many are on Lexis and Westlaw. The fol- many procedural form books (i.e. “Motion to Quash Summons”). lowing are just a few examples.

National - Prentice Hall’s Aspen’s State Limited Partnership Laws (multi-volume set) (KF 1380 .Z95 S72 in Reference behind cir- - West’s Legal Forms (multi-volume set) (KF170 .W4 in Refer- culation desk). ence behind circulation desk) (Westlaw Identifier: West-LF). - Organizing Corporate and Other Business Enterprises (Law General Collection - KF 1355 .R6 Lexis: FILE-NAME: - AmJur Legal Forms 2d (multi-volume set) (Law General Col- ORGCRP). lection - KF170 .A542 -- NOT UPDATED IN PAPER AFTER - Matthew Bender’s Business Organizations With Tax Plan- MAY 2004) (Westlaw Identifier: Amjur-LF). ning (Law General Collection - KF1366 .C3 Lexis: FILE-NAME: BUSORG) - Nichols Cyclopedia of Legal Forms (multi-volume set) (Law General Collection - KF170 .N53 -- NOT UPDATED IN PAPER Forms in Codes - Many state codes have both substantive and pro- AFTER DEC 2003). (Westlaw Identifier: NICHOLS-LF) cedural forms. These are often referred to as “statutory forms.”

- Rabkin & Johnson’s Current Legal Forms with Tax Analysis Ind. Code § 16-36-4-10 Living Will Declaration (multi-volume set) (KF6285 .R33 in Reference behind circulation Ind. Code § 16-36-4-11 Life Prolonging Procedures Declaration desk). (Lexis: FILE-NAME: CLFTA) 755 ILCS 45/4-10 Statutory Short form power of attorney for health care (Illinois) - Fletcher Corporation Forms Annotated (multi-volume set) (Law General Collection -- KF1411 .F55). (Westlaw Identifier: Forms Online - Many of the form books put out by Westlaw and FLTR-FRM) Lexis are also on their respective database services. It is best to get a form online so you don’t have to retype it. State & Regional Westlaw – Click on the “Directory” link in the upper middle portion - Indiana Practice (multi-volume set) (KFI3080 .I52 on Reserve of the screen then click on “Treatises, CLEs, Practice Guides.” behind circulation desk) (Westlaw Identifier: INPRAC) - Midwest Transaction Guide (multi-volume, loose-leaf set) Lexis – Click on the Search Tab and follow this string: Legal > (KF885 .M43 in Reference behind circulation desk). Area of Law - By Topic > (Choose appropriate one) > Treatises & Analytical Materials or Forms. CLE Publications (Continuing Legal Education) – These practice oriented materials often have forms. Examples: Peter Hook, Electronic Services Librarian - Planning Your First Business Entity Formation (ICLEF), WORKING THE HALLS Happy February Birthday to:

Pat Clark on the 1st Congratulations to Jennifer mary Edwards on the 4th and Larry Morgan on the Nona Watt on the 7th birth of their son, Henry prof. Lamber on the 27th Bryan Morgan.