Wednesday, June 30, 2010

Kagan Confirmation Hearings

In May 2010, President Obama, selected a woman to join the United States Supreme Court. Elena Kagan, U.S. Solicitor General, was nominated to the Supreme Court by President Obama on May 17th, 2010. If confirmed, she would be replacing John Paul Stevens, Associate Justice, who is retiring after being on the bench since 1975.

Transcripts & live video of the confirmation hearings are available on C-SPAN. More information on the Supreme Court confirmation process is available from the Law Library of Congress. Their site also provides links to articles & books written by Kagan, a transcript of her confirmation hearing for Solicitor General, Supreme Court oral argument transcripts and other documents.

Elena Kagan is currently the U.S. solicitor general, the head of the office that represents the federal government before the Supreme Court. Additionally, she has served in the White House counsel’s office and Domestic Policy Council during the Clinton administration, and as the dean of Harvard Law School.
She has a background very different from that of her predecessor, Sonia Sotomayor, who was also appointed by President Obama. Her absence of judicial experience will be questioned as she appears before the Senate Judiciary Committee this week. It has been noted by many that she is the first nominee in 39 years who lacks any judicial experience. It will be interesting to await the outcome as both Democrats and Republicans gauge her potential.


Written By Patty Wellinger & Diane Bauersfeld, Law Librarian Fellow

Presidential Libraries

The Presidential Library System provides access to information from the administrations of the last thirteen presidents since Herbert Hoover. During President Franklin D. Roosevelt's tenure, he established the process of preserving his papers throughout his administration. He believed that these papers are an important part of American heritage and that the public should have access to these papers. Truman believed the same and in 1955 Congress passed the Presidential Libraries Act (44 USC 2108). This act established a system of privately erected (endowments) and federally maintained libraries for Presidents. Prior to 1981, the papers and records of a President's tenure belonged solely to the President. This made it difficult to ensure everything from the administration would eventually make its way into the public domain. The Presidential Records Act of 1978 changed the legal ownership of the official records of the President from private to public domain and established a new process under which presidential administrations must manage their records.

These libraries are not your typical library but rather a repository for preserving and making available the papers, records, collections, and other historical materials since the Hoover Administration. The oversight of the thirteen libraries is through the Office of Presidential Libraries, part of the National Archives and Records Administration (NARA).There are museums and libraries for the Presidents preceding Hoover however, the funding and the administration for maintaining these collections is not through NARA. Many of the Presidential records preceding the Hoover administration and the Presidential Libraries Act have been split and housed in various libraries and museums across the county. In addition, these collections are incomplete due to bad storage practices and deliberate destruction.

For more information on the thirteen Presidential Libraries:

Written by Brooke Jennings, Law Librarian Fellow

Monday, June 28, 2010

Changes to Colorado Court Rules

Changes to various Colorado Court Rules and some approved forms have been announced on the Colorado Judicial website. Please note that some changes are effective immediately and others begin July 1, 2010.

Rule Changes 2010(13)
Appendix to Charters 18 to 20. The Colorado Rules of Professional Conduct

Colo.RPC 3.8. Special Responsibilities of a Prosecutor
New (g) to (h)
COMMENT [1], and new [3A] and [7] through [9A]

Amended and adopted by the Court, En Banc, June 17, 2010, effective July 1, 2010.

Rule Change 2010(12)
CHAPTER 29 -- COLORADO RULES OF CRIMINAL PROCEDURE

Rule 43. Presence of the Defendant.
(e) Presence of the Defendant by Interactive Audiovisual Device.

Amended by the Court, En Banc, June 17, 2010, effective immediately.

Rule Change 2010(11)
APPENDIX A TO CHAPTER 27 -- COLORADO PROBATE CODE FORMS

AMENDED FORMS

JDF 721 Irrevocable Power of Attorney Designating Clerk of Court as Agent for Service of Process

JDF 805 Acceptance of Office

JDF 841 Petition for Appointment of Guardian for Adult

JDF 857 Petition for Appointment of Co-Guardian or Successor Guardian

JDF 862 Order Appointing Conservator for Minor

JDF 876 Petition for Appointment of Conservator for Adult
JDF 878 Order Appointing Conservator for Adult

JDF 879 Petition for appointment of Co-Conservator or Successor Conservator

JDF 883 Order Regarding Conservator’s Financial Plan

JDF 912 Renunciation and/or Nomination of Personal Representative

JDF 940 Information of Appointment

JDF 941 Decedent’s Estate Inventory

JDF 999 Collection of Personal Property by Affidavit

NEW FORMS

JDF 733 Motion for Release of Trust Registration Statement

JDF 734 Order to Release Trust Registration Statement

Amended and apopted by the Court, En Banc, June 7, 2010, effective immediately.

Rule Change 2010(10)
CHAPTER 5 -- COLORADO RULES OF CIVIL PROCEDURE; TRIALS

Rule 47. Jurors.
(a) Orientation and Examination of Jurors.
(u) Juror Questions.

Amended by the Court, En Banc, June 7, 2010, effective immediately.
Justice Coats and Justice Eid would not approve the amendments.

Rule Change 2010(09)
COLORADO CODE OF JUDICIAL CONDUCT

Repealed, Amended and Adopted by the Court, En Banc, May 27, 2010, effective July 1, 2010.
Justice Coats would not approve the amendments.


Rule Change 2010(08)
CAPTER 32 -- COLORADO APPELLATE RULES

Rule 4. Appeal as of Right -- When Taken.
(d)(2)Appeals of Cases in Which a Sentence of Death Has Been Imposed; Procedure.

Amended by the Court, En Banc, May 10, 2010, effective immediately.


Rule Change 2010(07)
CHAPTER 2 -- COLORADO RULES OF CIVIL PROCEDURE; PLEADINGS AND MOTIONS

Rule 10. Form and Quality of Pleadings, Motions and Other Documents.
(i) State Judicial Pre-Printed or Computer-Generated Forms.

Amended by the Court, En Banc, April 5, 2010, effective immediately.


Rule Change 2010(06)
CHAPTER 25 -- COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE

Rule 307. Pleadings and Motions.
(b) Motions.

Rule 354. Judgments; Costs.
(h) Revival of Judgments.

Amended by the Court, En Banc, April 5, 2010, effective immediately.


Rule Change 2010(05)
CHAPTER 32 -- COLORADO APPELLATE RULES

Rule 35. Determination of Appeal.
(e) Disposition of Cause.

Amended by the Court, En Banc, April 5, 2010, effective immediately.


Rule Change 2010(04)
CHAPTER 32 -- COLORADO APPELLATE RULES

Rule 3.3. Appeals of Grant or Denial of Class Certification.

Amended by the Court, En Banc April 5, 2010, effective immediately.


Rule Change 2010(03)
CHAPTER 32 -- COLORADO APPELLATE RULES

Rule 5. Entry of Appearance and Withdrawal.
(b) Withdrawal.

Amended by the Court, En Banc, April 5, 2010, effective immediately.

Rule Change 2010(02)
CHAPTER 17 – COLORADO RULES OF CIVIL PROCEDURE; COURT PROCEEDINGS: SALES UNDER POWERS

Rule 120. Orders Authorizing Sales Under Powers
(b) -- Notice; Contents; Service.

Amended by the Court, En Banc, January 7, 2010, effective immediately.


Rule Change 2010(01)
CHAPTER 17A – COLORADO RULES OF CIVIL PROCEDURE; PRACTICE STANDARDS AND LOCAL COURT RULES

Rule 121. Local Rules -- Statewide Practice Standards
§ 1-1 -- Entry of Appearance and Withdrawal.

Amended by the Court, En Banc, January 7, 2010, effective immediately.

Wednesday, June 23, 2010

Colorado Water Law Research Guide

The Westminster Law Library is pleased to announce the release of a new Research Guide on Colorado Water Law. Check out all of our Research Guides today! If you would like to suggest a topic for a future Guide, please let us know.

Monday, June 21, 2010

SCOL Building Hours

Starting June 21, 2010, the Sturm College of Law is making a change in its access policy for students and the public. Beginning on that date, Campus Safety will clear the building after it closes the library: at midnight Sunday – Thursday, at 10:00 PM on Friday, and at 8:00 PM on Saturday.

Please note that during the regular academic year the Penrose Library is open until 2:00am and the UTS lab there has 24 hour access, although that is not the case during the summer.

Please feel free to contact me with your concerns.


JoAnna Patrick

Manager of Facilities & Operations, SCOL

303-871-6153

National Indian Law Library

Researching federal Indian or tribal law? Consider the National Indian Law Library (NILL), a public law library located in Boulder that is part of the Native American Rights Fund (NARF). NILL’s mission is to develop and make accessible unique Indian law resources and other information relating to Native American, while emphasizing the need to fulfill the information requirements of Indian law advocates.

The website includes resources organized by topic, research guides to both Federal Indian Law and Tribal law, as well as resources organized by type (laws, court opinions, articles, encyclopedias, directories, etc.).

NILL’s collection includes many unique and helpful sources. Among them include tribal self-governance documents including tribal constitutions, codes, ordinances, charters, bylaws and intergovernmental agreements. Additionally, NILL houses legal pleadings from important Indian law cases, Indian law treatises, case law reporters, handbooks, and manuals. NILL also has documents helpful for federal legislative history relating to Indian Law including statutes, congressional hearings and reports. Finally, NILL houses a basic collection of general reference and historical/cultural books on Native Americans.

NILL’s director, David Selden, was recently awarded the Mersky Spirit of Law Librarianship Award, a prestigious award honoring legal librarians’ charitable works within their communities. The Hearsay Blog congratulates David on this honorable achievement.

Written by Kathryn Michaels, Law Librarian Fellow



Thursday, June 17, 2010

Specialized Databases

Researching a Specialized Topic? The Westminster Law Library Can Help!

The Westminster Law Library at the Sturm College of Law has over 60 legal and law-related
databases that are available onsite free of charge. Historical and current materials cover specialized legal topics such as tax, labor, environmental, mining or arbitration law. In addition, the Library has two public-access Westlaw terminals and subscribes to the Loislaw database. Visit us soon to access these research databases.

Friday, June 11, 2010

New Titles in May

The Westminster Law Library added some new titles to our collection in May. You can see a list of all items or search by subject. Fill out our online form to have the lsit of new titles emailed to you on a regular basis.

Monday, June 7, 2010

Changes to Hein Law Library Journal

HeinOnline announces a new Law Library Journal database landing page with streamlined search features.

Thursday, June 3, 2010

2010 Library Survey - Results

By clicking on this link, you can access the report that summarizes the results of the 2010 library survey completed by law students during March & April. If you have any questions regarding the results, please email Stacey Bowers. Thanks to all of you who participated!