Indigenous Peoples and Human Rights

The Closing Plenary of the American Society of International Law’s 2012 Annual Meeting featured a conversation between UN Special Rapporteur on Indigenous Issues, Mr. S. James Anaya, and Ms. Dinah Shelton, Chair, Inter-American Commission on Human Rights, and OAS Special Rapporteur on Indigenous Rights. Professor Shelton gave the Nanda Center’s 2011 Myres S. McDougal Distinguished Lecture in International Law. The talk covered many topics, consider this to be a brief summary.

1. How do the United Nations and the Organization of American States work together to coordinate on issues.

2. Laws concerning Indigenous Peoples in Latin America. Mr. Anaya talked about the numerous laws regarding indigenous peoples being promulgated in Latin America. Because these are not in English, they are not getting the widespread attention that some might find useful. Issue: Law and foreign languages. (See Peru’s new law)

3. Free, Prior, and Informed Consent or Consultation?

4. The general lack of understanding by most countries about indigenous issues.

5. The continuing racism and other impacts stemming from the ongoing use of the Doctrine of Discovery.

6. The levels of sexual violence against indigenous women. Ms. Shelton focused on the women's issue, and the lack of political will in governments to try to stop the violence. This is also an issue in the United States.

7. The continued characterization of  the recognition of indigenous rights as being in conflict with the goals of development and poverty reduction.

8. The WIPO and Bio-colonialism and Climate Change.

The library has a very nice collection of materials concerning the issues above. Please feel free to email Joan Policastri jpolicastri@law.du.edu if you would like information for resources on any of these issues.

Written by Joan Policastri, Foreign, Comparative and International Law Librarian

Judicial Interpreters

Do you have significant foreign language skills? Have you ever considered working as a Judicial Interpreter? If you enjoy language, law, and working with people, this very specialized profession may be of interest to you. Check out the website of The National Association of Judiciary Interpreters and Translators. (NAJIT)

While many in the public believe that interpreters are in the court to help those with limited English skills, “helping” is actually a violation of the code of ethics. NAJIT describes their mission as: “… to promote quality services in the field of legal interpreting and translating. Our members play a critical role in ensuring due process, equal protection and equal access for non-English or limited English proficient (LEP) individuals who interact with the judicial system.”

The levels of source language proficiency (the language being translated from) and target language proficiency (the language being translated to) is extremely high. It is very important that the register of the source language be conserved in the translation. For example, if the source word is “inebriated” then “hooched” would not be an equivalent translation… and vice versa. The job of the Judicial Interpreter is not to interpret or define any terms, but to conserve all the elements of the speech, including false starts and silences.

It is the job of the Judicial Interpreter/Translator to protect the integrity of the court.

If this is of interest to you, some other websites that may be of interest include:

• American Bar Association Standards for Language Access in Courts (February 2012), (133 pages).

•  A new website for Limited English Proficiency created by the Civil Rights Division of the U.S. Department of Justice.

 Written by Joan Policastri, Foreign, Comparative and International Law Librarian

National Library Week

Celebrate National Library Week, April 8-14, 2012. Whether studying for classes or accessing books, videos, cd's or the internet, it's likely that you have spent a considerable amount of time either in libraries or using the databases and resources they provide to their patrons. National Library Week is a time to celebrate the contributions of our nation's libraries and librarians and to promote library use and support.

First sponsored in 1958, National Library Week is a national observance sponsored by the American Library Association (ALA) and libraries across the country each April.

Watch a short video interview with author & host of the History Channel's "Decoded", Brad Meltzer, honorary chair of National Library Week, on the Value of Libraries & Librarians in people's lives.

Written by Patty Wellinger, Reference Services Coordinator

Uniform Electronic Legal Material Act

Increasingly, states are providing online access to statutes, regulations and court rules. How can states manage electronic legal information in such a way that access is guaranteed for future users? How can users be sure the material is trustworthy and has been authenticated? The Uniform Law Commission addresses these concerns with the publication of the Uniform Electronic Legal Material Act (UELMA).

Established in 1892, the ULC meets to review and draft statutes for areas of U.S. law that they feel should be consistent or uniform across the states. This model legislation can then be adopted as is, or with modifications, by individual states. Uniform acts cover a range of topics including probate, foreign money judgements, anatomical gifts, child custody and trade secrets. One well-known uniform act is the Uniform Commercial Code (UCC).

The American Bar Association's House of Delegates (ABA) approved the UELMA at its February 2012 meeting in New Orleans. Legislation has been introduced in Colorado, California and Tennessee.  The Colorado bill, HB 1209 was introduced January 30, 2012 and assigned to the Judiciary committee.

For more information on the UELMA, including a Legislative fact sheet and an explanation of why states should adopt the act, see the ULA website.

Written by Patty Wellinger, Reference Services Coordinator

Colorado Bar Association (CBA) Offers Free Student Memberships

Become a student member of CBA today. Click Not A CBA Member? JOIN NOW on left frame. Scroll to and click Student Membership Application and complete online. Your student CBA membership also includes free membership in one of the following local bar associations:

• First Judicial District
  

• Arapahoe

• Boulder

• Denver

• Douglas/Elbert

• El Paso

• Pueblo

• Weld

Students may also join the following CBA sections for a fee prorated fifty percent after January 1, 2012

Law Practice Sections Dues

Agriculture & Rural Law 15.00

Dispute Resolution 25.00

Business 25.00

Communications & Technology Law 15.00

Construction Law 10.00

Criminal 25.00

Disability Law 15.00

Elder Law 25.00

Entertainment & Sports 15.00

Environmental 15.00

Family 30.00

Government Counsel 15.00

Health 15.00

Immigration Law 15.00

Intellectual Property 30.00

International Law 20.00

Judicial Section 15.00

Juvenile Law 20.00

Labor & Employment Law 15.00

Litigation 20.00

Natural Resources & Energy Law 20.00

Real Estate 25.00

Solo/Small Firm Practice 15.00

Taxation 25.00

Trust & Estate 25.00

Water Law 20.00

Workers’ Compensation 30.00

Written by Sheila Green, Reference Librarian

Bar Exam Changes in 2012

The Colorado Supreme Court (Court) exercises jurisdiction over all matters involving the licensing of persons to practice law in the State of Colorado. The Court also appoints the Colorado State Board of Law Examiners (Board), which recommends changes or additions to the rules of procedure governing the admission to the practice of law. The Board announced that Colorado has adopted the Uniform Bar Examination (UBE) effective November 1, 2011. Other jurisdictions adopting the UBE include Alabama, Arizona, Idaho, Missouri, Montana, Nebraska, North Dakota, and Washington. See amended C.R.C.P. Chapter 18 Rules 201.1 et. seq., as well as the following websites: http://www.coloradosupremecourt.com/BLE/ble_home.htm ; http://www.cbaclelegalconnection.com ; and http://www.ncbex.org/ for information.

The UBE score includes scaled scores from the Multistate Bar Examination (MBE) (50%), Multistate Essay Examination (MEE) (30%), and the Multistate Performance Test (MPT) (20%). Prior to admission to practice law in Colorado, applicants must also complete the Multistate Professional Responsibility Examination (MPRE) and the one day Mandatory Course on Professionalism. The ability to transfer UBE scores among states is determined by each individual jurisdiction.

Written by Catharine Cott, Reference Librarian

Legal Administration Program at DU

Are you interested in managing and operating a law firm, court, or legal organization? Know someone who is? Check out the Master of Science in Legal Administration at the University of Denver. Billed as the MBA for legal professionals, the is rather similar to a Master of Business Administration degree, but with particular focus on legal organizations.
Currently, the MSLA can be completed in a single year (two semesters and a summer externship)of full-time study or between two and four years of part-time study. To help accommodate the needs of a variety of students, all MSLA courses are available either in-person or online.

Students pursuing the MSLA degree choose a focus from amongst three different concentrations:

1) Law Firm Administration Concentration
Concentration Information
Concentration Course Plan
Concentration Video Link

2) Court Administration Concentration
Concentration Information
Concentration Course Plan
Concentration Video Link

3) International Court Administration Concentration
Concentration Information
Concentration Course Plan
Video Link

The MSLA Program also benefits from an active group of alumni, and the program has made efforts to make keeping in touch after graduation even easier in a variety of ways. It has established a presence on social networking sites like Facebook and Twitter and professional sites like LinkedIn, as well as hosting events for alumni like a dinner for those attending the National Association for Court Management conference and distributing a free quarterly newsletter.

Those interested in earning both a J.D. and MSLA degree may also be interested in the joint degree program at DU.

For more information on the MSLA Program at DU, contact Hope Kentnor at 303-871-6308 or via e-mail at hkentnor@du.edu or use the contact web page. Also, see the
MSLA Information Brochure .

Written by Hope Kentnor, Director, MSLA Program

DU Alum Sworn in as CO Supreme Court Justice

Brian Boatright is the newest Justice on the Colorado Supreme Court. The new Justice was sworn in privately Nov. 21, 2011 and his public swearing in ceremony is on December 13th.

Boatright, 49, was selected by Governor John Hickenlooper in part because of his 10+ years as a trial court judge in the 1st Judicial District. See Denver Post article about the announcement. Boatright was a popular judge who received the highest marks in his 2008 retention survey report. His official court biography details his earlier work as a Deputy D.A. Justice Boatright graduated from the University of Denver law school in 1988. Already hard at work, the new Justice sided with the majority in five recent opinions.

Written by Patty Wellinger, Reference Services Coordinator

UPDATE
Justice Boatright will be the commencement speaker for the SCOL graduation ceremony on Saturday, May 19, 2012, at 10 am. It will be held in Magness Arena at the Ritchie Center.

Turkey Trivia

As we approach the Thanksgiving holiday, thoughts of Turkey may be of more interest than studying for finals (at least for a few days!). Here is a research guide created by the University of Chicago Library with everything you ever wanted to know about turkeys:

1) History of the Turkey in the US
2) The Turkey trot - dances and more recently, 5K's
3) Cooking the Turkey to perfection (with help from Julia Childs)
4) Turkey hunts
5) Turkeys around the world

Enjoy your short break before finals!

Dogs Visit Law School, Nov 28th-29th

Lower your blood pressure! Reduce stress! Give your brain a study break!

We know that preparing for exams can be very stressful so the Westminster Law Library and the Office of Student Affairs are sponsoring a PAWS to RELAX program to bring several therapy dogs to the SCOL building for study breaks. The program is being offered on Monday, November 28 and Tuesday, November 29 from noon-6pm in room 145.

Therapy dog teams from the American Humane Association will rotate throughout the day, but each two-hour time block will include 2-4 dogs available for drop in visits. NO appointments necessary. These dog and handler teams have all undergone training and are used to interacting with adults and kids in hospitals, nursing homes, schools and libraries.

Big dogs, small dogs, we have them all. So stop by for a short study break and say hi!

UPDATE
Thanks to everyone who dropped by to visit a therapy dog on Monday or Tuesday. We hope that you enjoyed your study break and it helped ease the stress a little. We had about 110 people on Monday and 152 people on Tuesday participate in the event, so perhaps we can try it again during spring semester.

Good Luck on Finals!

U.S. Supreme Court Hears Copyright Case With DU Tie

For an update on the case, see this article from The Clarion, DU's student paper.

Oral arguments will be heard on Wednesday, October 5th in a copyright case with DU connections. To see more details about DU music professor Lawrence Golan's challenge to current U.S, copyright law, read the DU news story and a recent update from Law Week Colorado.

Judicial Humor

Although the law is generally a serious matter, there is a lighter side to the law that is all-too-often overlooked. Thanks to the team at Judicial Humor, however, you can easily keep informed on the entertaining, funny, and sometimes absurd side of the law. Divided into topics such as Humorous Plaintiffs, Parody & Verse, and Veiled References, Judicial Humor offers case names and citations, usually along with quotes from the decisions or brief recaps on why the case was included on the site.

Besides Judicial Humor, there are a few other websites dedicated to the lighter side of the judiciary as well. McClurg's Legal Humor Headquarters, for example, has a section devoted to Strange Judicial Opinions. Likewise, Say What?! hasn't been updated since March of 2010, but the archives are full of courtroom humor originally collected by U.S. District Judge Jerry Buchmeyer and published in a column for the Texas Bar Journal.

Of course, not everyone finds the idea of judicial humor amusing. According to Justice George Rose Smith, …Judicial humor is neither judicial nor humorous. A lawsuit is a serious matter to those concerned in it. For a judge to take advantage of his criticism-insulated, retaliation-proof position to display his wit is contemptible, like hitting a man when he's down. (21 Ark. L. Rev. 197, 210).

Likewise, in the note Judicial Humor: A Laughing Matter? (41 Hastings L.J. 175), Marshall Rudolph suggests that there are certain circumstances where judicial humor is out of place.

What's your take? Do you think a certain level of humor within the judiciary is acceptable? Is there some point where that acceptable humor becomes, in the words of George Rose Smith, contemptible?

Written by Marty Witt

DU Law Clinics: Practical Experience

Any well-rounded legal education must strive not merely to teach students theory and how to "think about" the law, but also must equip them with some practical skills that can be readily applied to work outside of academia. There are a number of ways that law schools can help students develop those skills, but one of the very best is through the availability of clinic programs. Clinic programs generally allow law students - under the supervision of faculty mentors - the chance to work on real-world cases from start to finish. Here at the University of Denver, Sturm College of Lawwe are fortunate to have one of the oldest and very best clinical programs in the nation.

Always at the forefront of clinical legal education, the University of Denver was responsible for starting the very first legal aid clinic in the United States. As recounted by Reginald Heber Smith in Justice and the Poor: a Study of the Present Denial of Justice to the Poor and of the Agencies Making More Equal Their Position Before the Law, With Particular Reference to Legal Aid Work in the United States,
"… in Denver a departure was made of much interest in the field of legal education, when the local law school started "The Legal Aid Dispensary of Denver." The instructor in practice was made the attorney and the senior students were used as his assistants. The plan was too successful and had to be abandoned. The character of the service given was so high that hundreds of persons applied. The rising cost entailed thereby exceeded the funds at the disposal of the law school, and as neither the lawyers nor the charities would help, the project was discontinued in 1910."

Before too long, the DU clinic program returned, and as it now stands the program represents interests of the pubic across a range of topics. There are today six specialized in-house clinics at DU:

- Civil Litigation Clinic
- Civil Rights Clinic
- Community Economic Development Clinic
- Criminal Defense Clinic
- Environmental Law Clinic
- Mediation and Arbitration Clinic

For more information on any of the clinics, including how to get involved as a student or apply for assistance as a member of the community, visit the appropriate link to the specialized clinic above. To keep abreast of developments in all of the clinics, be sure to check out the Denver Law Clinical Programs Clinical Review published every semester.

See the Sturm College of Law History Exhibit for historical photos and articles about the Clinic. We also have a video from the 1970's that shows students explore issues of law and social change through internships and “practice programs” sponsored by the College of Law. Various settings described include the Urban Center, area high schools, legislative and model cities committees.

Juror Behavior in the Information Age

Interested in research into what goes on in jury decision-making? Take a look at this article which discusses use of the Internet &social media by modern day juries. Some issues discussed involve mistrials where jurors do their own Internet research on aspects of the case; post status updates on Facebook or exchange emails discussing aspects of the defense or prosecution. For more details on the implications of social networking on jury behavior, see 48 A.L.R. 6, Prejudicial Effect of Juror Misconduct Arising from Internet Usage.

Press v. Privacy

In most respects, the American system of law and the English system of law are similar. It only makes sense, of course, as the American legal system was developed by those who were, in fact, by and large English. Over the past 200+ years, however, there has been some marked divergence between the two systems. One area that is treated somewhat differently today is related to the freedom of the press.

To Americans, freedom of the press is very nearly sacrosanct. Especially with respect to public persons, the idea that the press be kept from reporting newsworthy events is in many ways contrary to the fundamental principles of our nation, as articulated in the First Amendmentof the U.S. Constitution. In England, however, the existence of something commonly known as “super-injunctions” can restrict such reporting. “Super-injunctions” essentially keep the press from reporting not only on items that might be deemed newsworthy, but also from mentioning the existence of the restriction itself. Most commonly applied with respect to the would-be-private lives of public persons in England, super-injunctions have come to the forefront of news coverage recently because they have come into conflict with technological advances, particularly Twitter.

The poster-child for super-injunctions has quickly become Ryan Giggs, a soccer superstar who plays for Manchester United. His now much-publicized affair with Welsh model and Big Brother star Imogen Thomas initially went unreported by the English press, due to the presence of one of these super-injunctions. Nevertheless, the news of the affair (along with other pieces of information being kept quiet by super-injunctions) was broken on Twitter on May 8, 2011 by an anonymous Twitter user posting under the pseudonym Billy Jones – “Footballer Ryan Giggs had an extramarital affair with Big Brother star Imogen Thomas which lasted for 7 months. #superinjunction” Within a matter of hours, it had been re-tweeted thousands upon thousands of times, and was very much publicly known. And yet, the English press was nevertheless still bound by the super-injunction and was unable to report on the story. It was not until John Hemming, a British Member of Parliament, invoked Parliamentary privilege and publicly named Giggs as the soccer player [“footballer”] involved in the scandal that the English press reported on the Giggs-Thomas relationship.

In the meantime, Giggs – technically an anonymous plaintiff using the moniker CTB – has filed suit against Twitter based on its users breaking the injunction. Still pending, this case really may serve as a crossroads for English privacy law in the digital age. Some argue that this incident may portend the end of super-injunctions altogether, while others seem to believe their scope should be expanded to include newer news technologies. In either event, it bears following and serves as a striking reminder just how valued freedom of the press is in the U.S.

Further reading/watching:
Twitter Inc., Unknown Posters, Sued by ‘CTB’ at U.K. Court, Bloomberg Businessweek, May 20, 2011

Twitter faces legal action by footballer over privacy, The Guardian, May 20, 2011

Twitter sued for ‘breaking’ UK super injunction. Oh Yes., TechCrunch Europe, May 20, 2011

Twitter, The British Press, Super Injunctions And The Freedom Of Tweets, Mediabistro: All Twitter, the Unofficial Twitter Resource, May 23, 2011

Information wars: Twitter versus English privacy laws, Dangerous Minds, May 23, 2011

We will not be gagged, M'lud: As Ryan Giggs is named in Parliament as cheating star after weeks of legal farce, MPs launch a defiant message, The Daily Mail, May 24, 2011

Injunctions: was MP right to name Ryan Giggs, The First Post, May 24, 2011

Super Injunction Malfunction: Ryan Giggs and Britain’s Worst Kept Secret, The Faster Times, May 24, 2011

Death of the super-injunction, Aljazeera, May 25, 2011 (Video Report)

How Twitter is upending British privacy laws, The Christian Science Monitor, June 1, 2011

The Battle for Privacy, The Australian Broadcasting Corporation, June 15, 2011 (Video Report)



Written by Marty Witt, Law Librarian Fellow

Pro Se Cases Increase in U.S. Federal Courts

Federal Caseload Trend: More Civil Cases Being Filed Without Lawyer's Help

The number of civil cases filed in U.S. district courts without a lawyer’s help has increased over the last several years. In fiscal year 2010 – the 12-month period ending September 30, 2010 – a total of 72,900 “pro se” cases were filed.

That total compares to 71,543 in FY 2009; 70,948 in FY 2008; and 70,240 in FY 2007. As in previous years, most of the civil pro se cases filed in FY 2010 were filed by prison inmates challenging some condition of their incarceration. In FY 2010, 48,581 of the 72,900 pro se filings were prison petitions.

But the number of non-prisoner pro se cases has been climbing as well. In FY 2010, that total was 24,319. It was 22,821 in FY 2009; 20,192 in FY 2008; and 20,545 in FY 2007.

These statistics are compiled by the Administrative Office of the United States and are available on Table 23 of Judicial Business of the United States Courts (pdf).Comparable statistics are available back to 1997 on uscourts.gov.

Taken From U.S. Courts - Press Release, June 15, 2011

For a related article, see Pro Se Law Clerks: A Valuable Resource, published in the April 2011 issue of The Third Branch.

White House Project: Encouraging Women to Run for Political Office

The White House Project is "a national, nonpartisan, not-for-profit organization, 501(c)(3), [that] aims to advance women’s leadership in all communities and sectors, up to the U.S. presidency." Working from the local level up, The White House Project offers training and networking opportunities to women interested in running for public office and making a difference in their communities.

On Thursday, June 23rd, 2011 from 5:30 to 7:30pm, the Rocky Mountains (CO) chapter of The White House Project will be hosting the 2011 Invite a Woman to Run - Colorado eventat the Cellar Wine Bar in Denver, CO. You can attend to support other candidates or The White House Project generally, or you (or a woman in your life) can also attend to learn more about running for office. If you've been looking for a way to make a difference as a lawyer, law student, or just community member, perhaps this is it!

Written by Marty Witt, Law Librarian Fellow

Freedom of Information Act

The Freedom of Information Act provides a right to access government records. The 1966 enactment of the FOIA created a right for the press and public to access government information, making that right judicially enforceable. Specifically, the FOIA provides access to federal agency records and "ensure[s] an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption; holding governors accountable to the governed."

However, the goal of an informed citizenry and open government is often at odds with other public interests. For example, there are the interests of maintaining an efficient and effective government; in responsible use of limited resources; and in the preservation of the confidentiality of sensitive information. Thus, the FOIA seeks to accomplish "disclosure as the predominant objective," while protecting the other important interests. The FOIA shifts the burden of proof from the public to the agency when records are withheld from public scrutiny. Moreover, the purpose of the FOIA is to establish "a general philosophy of full agency disclosure unless information is exempt under delineated language" and to provide a court procedure "by which citizens and the press may obtain information."

Written by Jennifer Hayden, Law Librarian Fellow

Methods for Dealing With Stress

Law school can be a stressful experience. To prevent stress from interfering with academic performance, it can be helpful to find ways to cope with the stress. Below are some ideas to help manage stress.

1. Exercise: Choose a regimen and stick to it! DU’s Coors Fitness Center is free for DU Law students.

2. Sleep: This can be challenging with a full study schedule, but sleep may help people function better when while awake.

3. Acupuncture: Try a little self-pampering. On a budget? Check out the Colorado School of Traditional Chinese medicine for a reduced rate. CSTCM Student Clinic

4. Find someone to talk to about stress, be it a friend or a counselor. The DU Health & Counseling Center offers Wellness Wednesdays. Additionally, the Health & Counseling Center is currently planning to come to the law school….

5. Take hourly breaks from studying for a quick walk or drink of water to give your brain a break.

6. Use a calendar or a planner to manage your time. Google and Yahoo both offer free online calendars associated with their email services.

7. Eat a balanced diet (yes, more than coffee!)

8. Take some time for things you love (maybe just not as much time during finals!)

9. Try relaxation techniques or meditation. Progressive Muscle Relaxation. Free Meditation Podcasts.

Written by Kathryn Michaels, Law Librarian Fellow

Diversifying the Solo Defense Practice

Setting up a solo defense practice can be a scary thing, but there are ways to diversify your client base. Did you know you can apply to list yourself as an appointed defense attorney in federal and state trial and appellate cases?

The Criminal Justice Act (CJA) provides for adequate representation of Defendants in Federal Court under 18 U.S.C. § 3006A(a). The United States District Court in Colorado has a panel of private attorneys called a CJA panel. Attorneys who are members of the Federal Bar Association can apply for a position with the CJA panel. To be eligible for service on the panel, lawyers must certify that they have a working knowledge of the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the United States Sentencing Commission Guidelines Manual, and are competent to try a federal criminal case. Such certification of competency shall be made under Disciplinary Rule 6-101 of the Code of Professional Responsibility. Once attorneys are approved by CJA and the U.S. District Court, they can be appointed to represent indigent Defendants in criminal cases and bill for their time to the federal court at CJA set rates. The United States District Court for Colorado also has a Habeas Corpus Panel and a Death Penalty panel that appoints CJA approved attorneys for representation in these two types of cases. Applications for membership on the panels are available in the office of the Clerk of the Court.

The Alternate Defense Counsel (ADC) in Colorado is part of the state of Colorado judicial system that appoints attorneys for indigent Defendants in trial and appellate matters. Defendants are appointed representation through ADC when the Public Defender’s office has determined there is a conflict of interest in their representation of a defendant. ADC approved attorneys are paid an hourly rate established by the state of Colorado. To apply to become an ADC attorney, one must first be a member of the Colorado State Bar Association. Then, attorneys must download the New Attorney Application Form from ADC’s website and then their final appointing authority will evaluate the application to determine if there are any openings in the geographic locale or areas of criminal law in which you specialize.

Written By Kimberley Dickey, Law Librarian Fellow