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Featured Database: Index to Foreign Legal Periodicals

Looking for international or foreign law materials? The Index to Foreign Legal Periodicals (IFLP) is now available through Hein Online from the library’s database page. IFLP indexes articles and book reviews from more than 500 legal journals, covering international law, comparative and foreign law, and the law of many foreign jurisdictions. The fully searchable database (1985-present) also includes access to the full text of more than 100 journals. Earlier content (1960-1984), not yet part of the fully searchable database, is available in searchable PDF format via the “Print edition” selection button.

The user-friendly interface allows both searching and browsing (by country, subject, or publication title). And you can “search within” search results, as well as refine results by language, type of material, or date.


 

Today in Legal History: Former Vice President Spiro T. Agnew Disbarred

From WikipediaOn May 2, 1974, the Maryland Court of Appeals disbarred Former Vice President Spiro Agnew. A Baltimore grand jury had linked Agnew to political corruption—bribery, extortion, and tax evasion.  Agnew avoided indictments on bribery and extortion by pleading no contest to tax evasion. Agnew resigned from office in 1973, and while the government did not prosecute him on charges of bribery and extortion, he was nonetheless disbarred as a result of his no-contest plea.

More information is available at:

  • ABA Journal
  • U.S. Senate History

 

Today in Legal History: Bay of Pigs Invasion

On April 17, 1961, a CIA-backed group of Cuban refugees tried to invade Cuba at the Bay of Pigs. As soon as the party landed, they were met with resistance from Castro’s forces, and promised US air support never materialized. Of the 1,200 exiles trying to recapture their homeland, 100 died and the rest were captured.

Not only did the plan fail, it made the situation in Cuba even less desirable to the US government. Castro was able to put pressure on his Soviet allies for more support, and denounced the US to the world. Far from displacing Castro, the actions of the CIA cemented Castro’s control on Cuba, and made new president John F. Kennedy look weak and indecisive.

More information is available at:

 


 

April is Poetry Month!

The D. A. was ready His case was red-hot. 

Defendant was present His witness was not.

He prayed one day’s delay From His honor the judge. 

But his plea was not granted The Court would not budge.

So the jury was empanelled All twelve good and true

But without his main witness What could the twelve do?

Brown v State, 134 Ga.Ct.App. 771, 771-772, 216 S.E.2d 356 (1975) by Judge Evans. In the footnotes to the case, the judge explains that the decision was written in rhyme because a Senior Judge of the Superior Courts had demanded (at a party) that if the writer ever reversed another one of his decisions, the opinion be written in poetry. Judge Evans goes on to say “it was no easy task to write the opinion in rhyme”.

For legal poetry in the Seattle University Law Library, try:

For a law review article written as a poem, see Gary Dubin, The Ballad of Leroy Powell, 16 UCLA L. Rev. 139 (1968).


 

April is Poetry Month!

As April is poetry month, one would be remiss in failing to mention some excellent poems regarding a seminal state case.

In State v. Gunwall, the Washington State Supreme Court created a list of six factors which it uses to determine when the state constitution provides greater protections than the federal constitution. These factors include:

  1. Language of the state constitution
  2. Differences between parallel federal and state constitutional provisions
  3. History of the state constitution and common law
  4. Pre-existing state law
  5. Structural differences between the federal and state constitutions
  6. Whether the subject matter is of particular state interest or local concern.

Though no longer mandatory (after Woodinville v. Northshore United Church of Christ) it is a good idea to brief the factors whenever arguing that freedoms should be expanded under the state constitution!


 

April is Poetry Month!

National Poetry Month was started in 1996 by the American Academy of Poets, to be celebrated in April. For more information, check out the American Academy of Poets, home of the “Poem of the Day.” Poetry often makes its way into legal opinions.

Here is an example:

No evidence had I taken
Sua sponte appeared forsaken.
Now my motion caused me terror
A dismissal would be error.
Upon consideration of § 707(b), in anguish, loud I cried
The court’s sua sponte motion to dismiss under § 707(b) is denied.

In re Robin E. Love, 61 B.R. 558, 559 (S.D. Florida, 1968), written by Judge Jay Cristol. This is an excerpt from a 48-line homage to The Raven by Edgar Allen Poe.


 

Today in Legal History: Beer & Wine Revenue Act Signed

The Beer & Wine Revenue Act was signed by Franklin Roosevelt on March 22, 1933.  No fan of prohibition, President Roosevelt signed the Act in order to levy a federal tax on alcoholic beverages to raise federal revenue to get our nation out of the Great Depression.  Later that year, in December 1933, the 21st Amendment ending Prohibition, was enacted.

More information is available at:


 

Today in Legal History: Constitution Goes into Effect

The Constitutional Convention was the result of intense negotiation and compromise, although it is said that George Washington, who was president of the assembly, spent much of that time fishing. One of the central controversies was the form of government for the new country. Some delegates favored the adoption of a monarchy, but Madison, an ardent advocate for a strong central government, strongly opposed. The battle over ratification was acrimonious. Many anti-Federalists believed the new Constitution favored wealthy landowners and there were misgivings that the majority of the people did not, in fact, support the new Constitution. As a result of these battles, the Bill of Rights was created, with Madison as its greatest advocate. Somehow, in spite of the bitter divisiveness and disagreement, the framers managed to create the world’s shortest constitution and one that stood the test of time. The U.S. Constitution is the oldest, single- source derived constitution still in effect.

More information can be found here:

  • The Constitution of the United States of America: Analysis and Interpretation: Analysis of Cases Decided by the Supreme Court of the United States to June 28, 2002, Prepared by the Congressional Research Service, Library of Congress (Law Library Reference Desk @ KF4527.U54 2004)
  • The Founders’ Constitution, edited by Philip B. Kurland and Ralph Lerner (Law Library Reserve @ KF4502.F68 1987)
  • The Charters of Freedom
  •  Desk-Top Guide to the Constitution: Chronology, Facts & Documents by Irving J. Sloan LAW-Reserve KF4502.D47 1987
  • A Child of Fortune: A Correspondent’s Report on the Ratification of the U.S. Constitution and Battle for a Bill of Rights by Jeffrey St. John (Jameson Books 1990) LAW-4th Floor KF4541.Z9S7 1990

 

Today in Legal History: Salem Witch Trials

On February 29, 1692, the first arrests were made in the Salem Witch Trials. The Salem court of Oyer and Terminer (hear and determine) accepted evidence that no modern court would: spectral evidence and witch marks. Spectral evidence involved reports of what would sound like hallucinations to modern jurors. The witnesses would describe their visions of the accused cavorting in their spectral forms. Witch marks were evidence that animal familiars had been suckling on their master. These marks often looked like moles, bruises, and birthmarks.

There were other ways in which the Salem trials would not meet constitutional muster. The accused were not allowed an advocate or witnesses on their own behalf. Though they were allowed to present evidence, speak on their own behalf, and question their accusers, without counsel, the accused were ill prepared to defend themselves effectively. No appeals were available.

Although witchcraft was not actually a crime at the time of the first trial, criminalizing witchcraft was made retroactive. Accused awaiting trial had to pay their own prison expenses, including the shackles; if they could not, prisoners were kept in small rooms the size of coffins.

The first trial was delayed because one judge felt the witch marks and spectral evidence were inadequate proof. Nathaniel Saltenstall resigned the bench in protest.

Six months later, the hysteria ended after the main accusers denounced the new governor’s wife as a witch. The governor shut down the proceedings as a result. Those who had lost their property did not regain it. Nineteen had been hanged.

More information is available at:


 

Today in Legal History: Dawes Severalty Act Signed, Tribes Further Dispossessed

On February 8, 1887, President Grover Cleveland signed the Dawes Act, dividing up tribal lands into plots for individuals to farm.  The effect of the Act was to weaken tribes, break up traditional families, and put Indian lands into non-Indian hands.  Under the Act, farmers did not get ownership of the land for 25 years; if the farm failed, lands would be transferred back to the government and sold at auction.  In the meantime, the farmer could not sell any of his allotted 160 acres.  The Dawes Act was abolished in 1934 under Franklin Roosevelt.

More information is available at:

  • The Assault on Indian Tribalism: the General Allotment Law (Dawes act) of 1887 Wilcomb E. Washburn (Law Library – 4th floor @ KF5660.W38)
  • PBS
  • History.com
  • The Dawes Act and the Allotment of Indian lands D.S. Otis (Law Library – 4th floor @ KF5660.O85)