Monday, March 30, 2009

West Topic & Key No. Changes

Changes to the Topic & Key Number System

West recently released significant changes to the Key Number System. Attorney editors have completed the reclassification of over 300,000 headnotes. The improvements include the following:

· Two new digest topics: The topic PRIVILEGED COMMUNICATIONS AND CONFIDENTIALITY encompasses privilege issues arising in discovery and at trial and contains expanded classifications covering attorney-client privilege, physician-patient privilege, and executive privilege. The topic PROTECTION OF ENDANGERED PERSONS covers such areas as restraining orders and other protection from domestic violence, harassment, and stalking; guardian ad litem appointments; agency investigations and liabilities; and criminal and civil liability.

· Complete revision of four topics: The topics CONVICTS AND PRISONS are completely revised, with many lines afforded to concepts increasingly important in modern cases, e.g., boot camps. The topic DISORDERLY CONDUCT is greatly expanded to include breach of the peace (a similar offense recognized in most state jurisdictions). In the PRODUCTS LIABILITY topic, many points of law are classified once under the product type and again under the legal concept or procedure.

· Other areas of the Key Number System have been given minor improvements particularly in the topics COUNTIES, INFANTS, NEGLIGENCE, and PROCESS.

Monday, March 23, 2009

Oxford Scholarship Online

Oxford Scholarship Online is now available through the Westminster Law Library’s database / indexes page. It is a searchable full-text database providing access to Oxford University Press' collection of law books. Topics range from foundations of legal history & philosophy to analytic & comparative works on legal doctrine & empirical research on law & society.

Oxford Scholarship Online will include new titles from these series: Oxford Studies in European Law, Oxford Monographs in International Law, Oxford Monographs in Criminal Law and Justice, Clarendon Studies in Criminology, Oxford Monographs in Labour Law, Oxford Studies in Modern Legal History, Oxford Studies in International Economic Law, and the International Courts and Tribunals. A complete list of current books in the law collection is available.


The database is available to the DU community on-campus and remotely using your name & banner ID number via the proxy server.
For more information on using the database, see the online tutorial.

CO Common Law Marriage

Now that you are a law student, friends, family and strangers will ask you all sorts of questions, to which you will reply “I can’t give legal advice” and they will respond “I don’t want legal advice I just want to know”…whatever. One of the most common questions that people ask about is common law marriage, especially if a couple is living together. Cohabitation alone, however long, does not mean the parties are married! It is only evidence of a common law marriage where the parties mutually agree to cohabitate as husband and wife, mutually and openly assume a marital relationship, and are understood by others to be married. Behavior such as maintaining joint banking and credit accounts; joint ownership of property; the use of the man’s surname by the woman; filing of joint tax returns; use of the man’s surname by children of the parties; or any other behavior that demonstrates the intention of the parties that they are husband and wife can be evidence of a common law marriage.

Common law marriage is not allowed in most states, but most states will recognize a marriage that is valid in the state in which it was entered into. The case of In re the Marriage of J.M.H. and Rouse 143 P.3d 1116 (Colo. App. 2006) held that under the common law age of consent a 15 year old female is competent to consent to a common law marriage. The Uniform Marriage Act’s age of consent does not govern a common law marriage. In response to this case, the legislature enacted a statute (C.R.S. § 14-2-109.5) that went into effect July 18, 2006. This statute closed the loophole that recognized common law marriages by parties under the age of eighteen without parental or judicial consent. The statute now requires that each party to a common law marriage be at least eighteen years old or gain parental or judicial permission according to applicable provisions already in the statutes regarding ceremonial marriages. It also provides that an underage common law marriage contracted within or outside Colorado shall not be recognized as valid in Colorado after September 1, 2006. The new statute did not disturb the case law outlining the elements which evidence a common law marriage. Parties to a common law marriage must obtain a legal dissolution of marriage prior to entering into another valid marriage.

The main cases outlining the requirements and elements considered evidence of a common law marriage include:
Taylor v Taylor 50 P. 1049 (Colo. App. 1897)
Graham v Graham 274 P.2d 605 (Colo. 1954)
People v Lucero 747 P.2d 660 (Colo. 1988)
Crandell v Resley 804 P.2d 272 (Colo. App. 1990)
In re the Marriage of Phelps and Robinson 74 P.3d 506 (Colo. App. 2003)

See also: Office of Legislative Legal Services publication (December 6, 2006) Common Law Marriage
.

Tuesday, March 17, 2009

Privacy Foundation Seminar

Interested in privacy issues? The Privacy Foundation at the DU Sturm College of Law is having a seminar on Friday, March 20th from 10am-1pm (lunch included) on Privacy Law from the Judicial Perspective. Panels will be in Room 165, Sturm College of Law.

Featured panelists are Judge Marsha Pechman, Federal District Court; Judge Timothy Tymkovich, 10th Judicial Circuit; Justice Nancy Rice, Colorado Supreme Court and Dean Dan Vigil, Sturm College of Law.


This seminar is FREE to DU Faculty, Staff, Alumni & Students! RSVP to dbales@law.du.edu
  • 10:00 - 10:10am Introduction
  • 10:10-10:40am Ethics & Privacy: The Federal Court Perspective
  • 10:45-11:45am Ethics & Privacy: The State Court Perspective
  • 11:50 - 12:50pm Round Table: Future Trends in Judicial Ethics / Privacy

Friday, March 13, 2009

New Titles

The Westminster Law Library added some new titles to our collection in February. You can see a list of all items or search by subject. These acquisitions also included a new video, journals and online resources in addition to books. If you are interested in suggesting an item for purchase, let us know!

Thursday, March 12, 2009

How Much Did That Cost?

How to… Locate Database Pricing Information on Westlaw


The Subscriber Information database (SUBSCRIBER) can be used to find pricing information for all Westlaw databases on either a transactional or hourly basis. SUBSCRIBER also supplies pricing info for printing or downloading documents on a per line or per document basis. There are no database charges for searching the SUBSCRIBER database (connect and communication charges may apply).


To search the SUBSCRIBER database:
1. From the Westlaw screen, type SUBSCRIBER into the Search these Databases text box and click GO.
2. In the Subscriber search template, type the database identifier (e.g.: ALLFEDS or IL-ST) into the Database Identifier text box or the database name (e.g.: Federal Case Law or Illinois Statutes) into the Database Name text box and click on Search. Review the list and select the document for the database you are interested in searching.

Monday, March 9, 2009

Whitehouse.gov

President Barack Obama and his administration connect with the nation and the rest of the world by expanding and deepening online engagement. The Obama-Biden Administration's online programs put citizens first and center around three priorities. Here are some highlights of the new www.Whitehouse.gov presidential website:

Communication -- This feature is timely and contains in-depth content to keep everyone up-to-date and educated. For information from the Obama-Biden Administration about major announcements and decisions, visit the briefing room , keep tabs on the blog, subscribe to an RSS feed at and sign up for e-mail updates.

Participation -- President Obama started his career as a community organizer on the South Side of Chicago and saw firsthand what people can do when they come together for a common cause. Citizen participation is a priority for his Administration and the Web plays an important role. One significant addition to www.Whitehouse.gov reflects a campaign promise from the President: we will publish all non-emergency legislation to the website for five days and allow the public to review and comment before the President signs it.

Transparency -- President Obama has committed to making his administration the most open and transparent in history and www.Whitehouse.gov plays a major role in delivering that promise. The President's executive orders and proclamations are published for public review. Learn about some of the senior leadership in the new administration and the President’s policy priorities.

This online community is a work in progress as the Obama-Biden Administration develops new features and content. See the video and the full text of President Obama’s
Inaugural Address and watch for links to slideshows of Inaugural events, the Obamas’ move into the White House, and President Obama’s first days in office.

Go the library’s
website and under “Research” on the left frame, click Web Research Links > Federal Resources > Federal Administrative Materials > Presidential Resources and Documents for more links to executive materials.