Legal Research in a Nutshell: Lucky Thirteenth Edition

This semester saw the publication of the thirteenth edition of Legal Research in a Nutshell, by our own Kent Olson. (Despite the ominous edition number, Kent assures me that he didn’t experience any bad luck while preparing the text). The Nutshell, which dates back to Morris Cohen’s 1968 original edition, provides a comprehensive but concise guide to legal research. I sat down with Kent to learn more about the new edition and his experience working on this important text.

-Kate Boudouris

Kate: What’s new in the thirteenth edition of the Nutshell?

Kent: There are always small changes, like FDsys (which replaced GPO Access) being replaced by Govinfo, but the biggest change may be the inclusion of Practical Law, the Westlaw feature with checklists and practice notes in more than a dozen major practice areas. I believe it was around when I finished the 12th edition, but I completely missed its significance. It’s not that useful for academic research, but it can be an enormously valuable tool for new lawyers needing a refresher or step-by-step guidance.

A man holds a book and smiles at students.
Kent Olson teaches a legal research class.

In this edition I was also able to include our own library’s UN Human Rights Treaties: Travaux Préparatoires, a searchable collection of documents that Ben Doherty, Loren Moulds, and others worked on for more than two years.

What hasn’t changed is my opinion that strong Boolean search skills continue to give researchers an edge over database algorithms. Anyone can find a few relevant documents using an algorithm, but crafting intelligent searches and figuring out where to go from there is the art of legal research.

Did you consider skipping straight from the twelfth edition of the Nutshell to the fourteenth edition, in the way that elevators sometimes omit the thirteenth floor of a building?

No way. I’d always wondered what happened on that mysterious thirteenth floor that the elevator skipped. And it wouldn’t be fair to other Nutshells to skip a number. Legal Research has been in more editions than any other Nutshell, but it’s not that far ahead of two others in their eleventh editions, International Taxation and Securities Regulation.

Speaking of the fourteenth edition, what developments in legal research might inform the next revision of the Nutshell?

Even a Boolean-based dinosaur can see that artificial intelligence is improving, particularly in resources such as CARA, Casetext’s tool that analyzes a brief or memorandum and identifies relevant cases that it doesn’t cite. I doubt it will take precedence over Boolean search by the fourteenth edition, but we’ll see!

The Nutshell was originally written by Morris Cohen, and the two of you co-authored the text for many years. Are there ways in which Cohen continues to influence your work?

Morris was the librarian at Yale Law School for many years (and before that at Harvard and Penn). He was a very sweet man, but also one of the most inquisitive people I’ve ever known. I like to think that I carry on his interest in new resources and how they fit together to help us make sure we have the best possible information. He also read what we had written very closely, word for word, and I got from him the view that every sentence matters.

A man sits at an early computer. A woman smiles beside a statue.
Top: Joe Wynne ca. 1980, not long after joining the law library. Bottom: Taylor Fitchett upon her retirement in 2018.

This edition is dedicated to two of your colleagues, Taylor Fitchett and Joe Wynne. Can you tell us a little about them?

Taylor and Joe have both gone happily into retirement. As library director for almost twenty years, Taylor kept the place humming and allowed the rest of us to focus on things like teaching and reference services (and Nutshell revision). Joe wore a bunch of hats over thirty-seven years, ending up as our guru of budgets and other systems. They’re great librarians, and friends, who are missed by everyone in the library.

So what’s next?

I’d like to put my feet up, but I have a bigger book, Principles of Legal Research, that hasn’t been revised since 2015 and is sitting on my desk staring at me. So I’ll have another chance to ponder how the world of legal research is constantly changing.

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Kate Boudouris

Research, Instruction & Outreach Librarian, Arthur J. Morris Law Library

Kent Olson

Head of Research Services, Arthur J. Morris Law Library

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Alumnus Profile: Napoleon Breedlove Ainsworth, Lawyer and Choctaw Nation Official

In recognition of National Native American Heritage Month, this post highlights UVA Law alumnus Napoleon Breedlove Ainsworth, a member of the Choctaw Nation and a law student from 1881 to 1882.

Napoleon B. Ainsworth, printed in Leaders and Leading Men of the Indian Territory (1911), 106.

Ainsworth, a citizen of the Choctaw Nation, was born on February 26, 1856 in Skullyville, Oklahoma, part of Indian Territory. At age fifteen, he enrolled in Roanoke College in Salem, VA. According to Ainsworth’s 1885 testimony before a Congressional committee on “The Condition of Certain Indian Tribes,” the Choctaw government sent a group of students each year to universities and supplied them with stipends. Ainsworth was such a student, and he attended Roanoke College on a scholarship funded through Choctaw coal mining. He graduated from Roanoke in June 1880 with the Orator’s Medal and then enrolled in the University of Virginia for the 1881–1882 term to study law.

UVA School of Law, Catalogue of Students, 1881-1882. Ainsworth was the first UVA Law student to provide a residence location in Indian Territory.

Since a JD was not required to pass the bar at that time, this single session at UVA was enough for Ainsworth to pursue the career he already had chosen as a practicing lawyer. Prior to returning home to the Choctaw Nation, Ainsworth married Emily Thompson in Roanoke, and they eventually had three children, Ben P., Helen, and Agnes. Upon his return, Ainsworth was appointed draftsman for the Council of the Choctaw Nation by Chief Jack McCurtain. He then served as National Weigher at McAlester, in Indian Territory, for three years, before resigning in order to focus on his law practice. Following the death of the National Auditor, Ainsworth was appointed to that position, and then in 1887, he was reelected to fill the same office for a second term.

In 1889, Congress established the United States Court in Indian Territory. Ainsworth became a noted member of the bar of this Court, which held jurisdiction over civil cases between persons residing in Indian Territory and citizens, states, or territories of the United States. He remained active in the affairs of the Choctaw government until he died on August 20, 1922.

The law establishing a United States Court in Indian Territory (links to the full text).
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Kelly Fleming

Kelly is a PhD Candidate in English at the University of Virginia and a Curatorial Assistant at Arthur J. Morris Law Library Special Collections. Her research focuses on the relationship between eighteenth-century British novels, women's property rights, politics, and material culture.

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Profiles in Service, Veterans Day 2018

As we observe Veterans Day today, we honor the military service of our alumni/ae with two profiles of UVA Law veterans: Alice R. Burke, a 1926 law graduate and U.S. Navy veteran who served as counsel in the Tokyo War Crimes Trials, and Farrell Dabney Minor, Jr., a member of the law class of 1911 who died from battle wounds one hundred years ago while serving in the U.S. Army during World War I.

Alice R. Burke

LLB, University of Virginia, 1926
Lieutenant Commander, USNR (W)

Alice Rebecca Burke was born on May 1, 1901, in Charlottesville, Virginia. She was a member of the first class of women at William & Mary and graduated with a BA in 1921. Burke’s senior yearbook noted her strong interest in the law, even as an undergraduate. Burke went on to earn a LLB from the University of Virginia in 1926 as the law school’s second female graduate.

Corks and Curls, 1926

After graduation, Burke served as a civil attorney in San Antonio, Texas before returning to Virginia to earn an MA from William & Mary. In 1936, she took a position as lecturer in Government and English for the Norfolk division of William & Mary (later Old Dominion University).

During World War II, Burke resigned her position at Norfolk and joined the U.S. Navy. She was commissioned Lieutenant Junior Grade in 1942, Lieutenant in 1944, and Lieutenant Commander in 1946—all in the Women’s Reserve of the U.S. Naval Reserve (commonly known as WAVES for Women Accepted for Volunteer Emergency Service). During the war, Burke assumed command of the WAVES Barracks in Balboa Park, San Francisco, California.

Lieutenant Alice R. Burke, USNR (W), assumes command of WAVES Barracks, Balboa Park, San Francisco, CA.

After the war, Burke served as defense counsel during the Tokyo War Crimes Trial. (Today, incidentally, the UVA Law Library is home to one of the largest collections of papers from these trial proceedings.) Burke stayed on in Japan as a legal and government officer in civil affairs. She retired from the Navy in 1955 and continued her legal career in New York. Burke died on May 1, 1973 and is buried in Charlottesville’s Riverview Cemetery. Her tombstone reads Alice Rebecca Burke, Lieut. Commander, USNR (W).

Further Reading:
Alice Burke biographical sketch, Old Dominion University,  https://www.lib.odu.edu/exhibits/womenshistorymonth/2000/burke.htm

Farrell Dabney Minor, Jr.

LLB, University of Virginia, 1911
Lieutenant, U.S. Army

Farrell Dabney Minor, Jr. was born in Galveston, Texas on February 10, 1889. After graduating from the University of Virginia School of Law in 1911, Minor moved back to Beaumont, Texas to practice law with his father.

When the US entered World War I in 1917, Farrell quickly enlisted in the military and obtained a commission as a Second Lieutenant. He was assigned to the 42nd “Rainbow” Division of the Army, under the command of Douglas Macarthur (who was at that time a colonel), as part of the 167th Infantry regiment. He sailed for Europe in November 1917 and shortly thereafter led his platoon in the Croix Rouge Farm fight of the Second Battle of the Marne. Half of Minor’s company was killed in less than forty minutes in this extraordinarily bloody fight. Minor himself was wounded on July 26 while leading his men in a charge across an open wheat field at Croix Rouge Farm.

Farrell succumbed to his wounds on August 29, 1918. He is buried at the Aisne-Marne American Cemetery in Belleau, France. After the end of the war, his name was inscribed on the University of Virginia’s Memorial Tablet Dedicated to Those Who Perished in the World War. In the 1920’s, Minor’s parents honored his service and his law school alma mater with a special endowment to the UVA Law Library in the name of Lieutenant Farrell Dabney Minor, Jr.

Grave of Second Lieutenant Farrell Dabney Minor, Jr. at Aisne-Marne American Cemetery in Belleau, France. Photograph by Edwin L. Fountain, American Battle Monuments Commission, UVA Law 1990.

 

Further Reading:
Proceedings of the Thirty-Eighth Annual Session of the Texas Bar Association, Volume 38 (Texas Bar Association, 1919), 92.

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Tom Butcher

Tom is an Assistant with the Law Library's Special Collections team. He is also a lecturer for the UVa History department, where he earned his PhD in 2018. His research focuses on the history of sex, gender, and sexuality in Europe, as well as questions of political violence and human rights.

Randi Flaherty

Randi Flaherty is the Special Collections Librarian at the Arthur J. Morris Law Library. She is also an early American historian with a focus on foreign maritime commerce in the early American republic.

Kelly Fleming

Kelly is a PhD Candidate in English at the University of Virginia and a Curatorial Assistant at Arthur J. Morris Law Library Special Collections. Her research focuses on the relationship between eighteenth-century British novels, women's property rights, politics, and material culture.

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Special Collections Team Wins Cromwell Research Grant

Buried deep in the stacks of Edinburgh libraries lie court records that tell stories about early America. In the Faculty of Advocates Library and The Signet Library, both just a few doors down from Scotland’s Court of Session, and in the Centre for Research Collections at the University of Edinburgh, rests evidence of Glaswegian merchants who traded for Virginia tobacco, families divided by the American Revolution, enslaved men and women who toiled on Caribbean sugar plantations, and much more. These Session Papers, the printed material submitted to Scotland’s supreme civil court as part of the litigation process, contain hidden histories of early America and the British Atlantic world.

Through a generous grant from the William Nelson Cromwell Foundation, a team of historians from Special Collections at the University of Virginia School of Law’s Arthur J. Morris Law Library will soon visit Edinburgh to begin identifying court cases involving early American litigants. Drs. Jim Ambuske, Randi Flaherty, and Loren Moulds, the co-directors of the Law Library’s Scottish Court of Session Project, will travel to Scotland’s capital to investigate these court records. While some cases appear in published law reports, most remain hidden in the bound volumes of court documents held by these historic Edinburgh libraries.

The Cromwell Foundation, which supports American legal history scholarship, has commissioned the Law Library team to survey Court of Session cases involving early America. Working closely with Edinburgh librarians, Ambuske, Flaherty, and Moulds will locate such cases and prepare a publicly available report on their findings. The report will enhance the discoverability of these cases for future scholars working on legal or early American history projects. It will also help identify groups of Session Papers for priority digitization as part of a collaboration to make these records more accessible for legal and historical research.

Finding evidence of early America in the Session Papers will illuminate the close ties between Scotland and America in the eighteenth and early nineteenth centuries. As the historian Timothy J. Shannon has recently shown in his new book, Indian Captive, Indian King: Peter Williamson in America and Britain, Session Papers can recover the lives of individuals like Williamson. In the mid-eighteenth century, the Aberdeen native claimed to have been kidnapped and sold into indentured servitude in the American colonies. While it seems clear that he was in the colonies as a young man, and perhaps later fought in the French and Indian War, his claim to have been held captive by Native Americans at one point is more suspect. Nevertheless, Williamson “played Indian” for Scottish audiences upon his return home and parlayed his alleged experiences into commercial opportunities. We know of his story in part because he sued the Magistrates of Aberdeen in the Court of Session, charging that they had been complicit in an illegal servant trade that had sent him to North America.

While in Scotland, the Law Library team will meet with collaborators at the University of Edinburgh, the Edinburgh Law School, and representatives from the Advocates and Signet libraries to advance a transatlantic partnership that is pursuing the creation of a digital archive to hold nearly 250,000 individual Session Papers. Using a combination of computer technology and human interpretation, the collaborators are exploring ways to more efficiently identify people and places within these printed documents, which will assist in the cataloging process, enable digital humanists to conduct large-scale analyses of the material, and make it easier for scholars and the public to search for historical figures and locations.

The project team is grateful to the Cromwell Foundation for its significant investment in the Scottish Court of Session Project. For more information on the Foundation and its efforts to support legal history scholarship, please visit www.cromwellfoundation.org. To learn more about Special Collections at the Arthur J. Morris Law Library, please visit archives.law.virginia.edu.     

 

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Jim Ambuske

Jim Ambuske is the Horatio and Florence Farmer Postdoctoral Fellow in Digital Humanities. He received his Ph.D. from UVA in 2016 and is a historian of the American Revolution and early Republic. At the UVA Law Library, Jim works in Special Collections to develop interpretive content for the library's major initiatives, curricula for future courses in the digital humanities, and research projects rooted in the library's archives and manuscript holdings. His primary responsibilities at the Law Library include oversight of the Scottish Court of Session Papers project and promoting scholarly access to the library's significant holdings in early American, Virginian, and transatlantic legal history.

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Registration Opens for the Second Digital Archives in the Commonwealth Summit

Registration is now open for the second annual Digital Archives in the Commonwealth Summit, which will take place at George Mason University on November 30, 2018. We’re excited to be co-sponsoring this event along with our colleagues at George Mason University Libraries, Roy Rosenzweig Center for History and New Media, and the Omohundro Institute of Early American History and Culture.

The Summit is an interdisciplinary conference focused on the creation, management, and use of digital archives. We welcome individuals from various fields to attend and join the conversation—archivists, scholars, librarians, museum specialists, and technologists are all encouraged to participate. Building on the success of the inaugural Summit in 2017, this year’s conference seeks to facilitate information-sharing and reflection on the practical and theoretical considerations that shape digital archives.

Panels this year include:

  • Institutional Opportunities and Challenges in Building or Re-Imaging Digital Archives
  • Finding the Hidden in Plain Sight: The Enslaved Children of George Mason and Mason’s Legacies Projects
  • A lunch workshop on The Library of Virginia Transcription Initiative
  • Revealing Hidden Histories and Rebuilding Lost Spaces with Digital Technology
  • A lightning round with the opportunity for audience members to present

You can register and read more about the Summit here—and if you’re unable to attend in person, follow along on Twitter using #DASummit2018.

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Kate Boudouris

Research, Instruction & Outreach Librarian, Arthur J. Morris Law Library

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Mindfulness for Law School

Maybe you’ve taken yoga classes or seen mindfulness on the cover of Time magazine—but what does mindfulness have to do with law school? Learn how mindfulness tools like meditation, mindful eating and movement, and mindful communication can help you handle stress, improve focus, retain information, and enjoy the present moment. The Law Library has collaborated with the UVA Mindfulness Center’s Susanna Williams to offer introductions to mindfulness designed for law students since 2013. This Fall we are hosting drop-in sessions where Susanna will teach you how to integrate mindfulness tools into your everyday law school life. You do not need any prior experience with mindfulness, and you are welcome to drop in on one, a few, or all of the sessions. Stop in the Library’s 2nd floor Collaborative Classroom, 3:45-4:45, for snacks and to learn about:

  • Stress Less, Learn More (Tues., Sept. 18)
  • Mindfulness in Everyday Life (Tues., Sept. 25)
  • Mindful Communication (Tues., Dec. 4)

For a preview, check out the UVA Mindfulness Center’s free guided meditations online, and the Law Library’s collection of mindfulness books, CDs, and magazines in the low shelves in the first floor Reserve Room. For information about other mindfulness activities at UVA, like yoga and speakers, visit the UVA Contemplative Sciences Center’s site.

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Kristin Glover

Kristin Glover is a Research Librarian at the Arthur J. Morris Law Library.

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What’s New This Fall

Welcome back, returning students! While you were away, the Law Library added some new resources that we thought you’d like to know about. Here’s the rundown:

Art of Law Exhibition

We’ve installed a new exhibition showcasing printed decorations and illustrations from the pages of UVA’s original collection of law books, as it was cataloged in 1828. The new exhibition illuminates bookwork and printing practices of the early modern era, while also offering an important window into legal education in the early United States.

ProQuest Supreme Court Insight

The Law Library has acquired a great new resource for researching Supreme Court case history. ProQuest’s Supreme Court Insight, 1975-2016, provides curated case pages, along with links to PDFs of briefs, oral arguments, opinions, and hard-to-find docket sheets and joint appendices. It also includes advanced tools to assist with searching. If your research involves a SCOTUS case argued between 1975 and 2016, be sure to check out Supreme Court Insight!

Power Outlets and New Tables in the Reference Area

There’s a special energy in the Law Library this fall, and it’s not just the excitement that comes with a new school year. By popular demand, power outlets are now available at the study desks on the second floor. We’ve also spruced up the reference area with new tables and lamps. We hope these improvements will make your long hours in the library a little bit brighter.

New Faces in the Library

Two librarians stand in front of a card catalog.
Sarah New and Kate Boudouris.

Two new librarians will be available to assist you in the library this year. Kate Boudouris joins us as a Research, Instruction & Outreach Librarian. You’re likely to spot her at the reference desk, where she’ll be happy to help with all your thorniest legal research problems. Kate attended Yale Law School and previously practiced law in Washington, D.C., and at the Southern Environmental Law Center in Charlottesville. Sarah New is our new Web Services Librarian and all-around digital resources guru. A UVA alum, she joins us from the University of Maryland Baltimore County Library.

Renew Your Subscriptions!

This is a friendly reminder to renew your online subscriptions. Once each year, you will need to reactivate your NYTimes.com account and get a fresh registration key for the Bluebook Online. (In order to renew your NYTimes.com account, you must be on-grounds or using a VPN.) If you’re having trouble accessing WSJ.com, please visit the registration page (also while on-grounds) and click “Register or Renew.” First-time registrants can sign up for NYTimes.com, WSJ.com, the Bluebook Online, and more by logging into LawWeb and following the links provided on the “Student Services” tab.

As you embark on a new academic year, remember that the library is here to help you! Please don’t hesitate to contact us at refdesk@law.virginia.edu or to stop by and ask us a question.

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Kate Boudouris

Research, Instruction & Outreach Librarian, Arthur J. Morris Law Library

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Brett Kavanaugh Project Website Launched

Hearings on the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court began yesterday, and interest in the nominee’s judicial record is high. To assist researchers, we’re proud to announce the launch of the Brett Kavanaugh Project, a website that assembles all of Kavanaugh’s written opinions, as well as concurrences and dissents he either wrote or joined as a judge for the D.C. Circuit Court of Appeals. The site includes both full-text search and delimited search capabilities. For example, researchers can find the number of dissents Kavanaugh authored in “Freedom of Speech” cases and get easy access to those opinions. More about the project can be found on the website.

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Jon Ashley

Jon Ashley has been the Business Research Librarian at the University of Virginia Law Library since 2008. Prior to coming to UVA he was a general reference librarian at the University of North Carolina at Chapel Hill, where he received his M.L.S..

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Welcome, New Students!

To new students arriving for orientation: Welcome! The Law Library staff looks forward to working with you throughout your law school career. From personalized research consultations to exam-time grilled cheese breaks, the library offers services to make your time at UVA more enriching, efficient, and enjoyable. Here are some key resources that will help you hit the ground running this academic year:

Lexis, Westlaw, and Bloomberg Law Passwords

Lexis, Westlaw, and Bloomberg Law are core legal research databases, so be sure to sign up for access! On August 22, activation codes will be distributed in the lounge area of Withers-Brown Hall, which is to the right as you exit the Law Library. After August 22, the codes will be available at the Reference Desk on the second floor of the library.

NYT, WSJ, CALI, and More!

As a UVA law student, you’ll receive free access to resources like the New York Times, the Wall Street Journal, and CALI (a provider of interactive legal tutorials). You can sign up for these and other law-school-only resources via LawWeb. From the LawWeb homepage, just click on the “Student Services” tab (shown below), and then select the resource you’d like to access.

LR&W Help

Not sure how to tackle your Legal Research & Writing assignment? The Law Library is here to help! Each section of LR&W has a dedicated librarian—or “Library Liaison”—to help students get comfortable with legal research methods. (Once classes start, LR&W students will receive more details about meeting with a Library Liaison.) For liaison contact info and additional research tips, check out this guide to legal research for law students.

Bluebook Online

Well-formed citations are an important part of legal writing. To help you nail every detail, the Law Library offers online access to the Bluebook Uniform System of Citation. Law students and faculty can request an access code.

Guide to Student Services

As your studies progress, we hope that you’ll find the Law Library to be a valuable partner in your academic efforts. You can learn more about the library’s offerings in our A to Z guide for students. And remember, if you have any questions, don’t hesitate to contact a staff member!

Once again, a warm welcome to all incoming students!

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Kate Boudouris

Research, Instruction & Outreach Librarian, Arthur J. Morris Law Library

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A Weekend of Reflection

On the anniversary of last year’s neo-Nazi and white supremacist marches, we’re thinking about the ways in which the law school community has acted to promote justice in the past, the ways in which we can do more to promote justice in the present, and the library’s special role in preserving evidence of today’s struggles for future generations. We’ve selected several photographs from our archives that show some of the ways our students have engaged over the years with issues of justice, equity, and ethics. We hope that this weekend will provide an opportunity to reflect on the past year and recommit ourselves to working for a more just society.

1969

Representatives of the Law School’s Legal Assistance Society meet with government officials to oppose legislation giving governors a veto over legal services programs. (L-R): Office of Economic Opportunity Director Donald Rumsfeld, President’s Special Assistant on Urban Affairs Daniel P. Moynihan, Dean Paul E. Miller of Howard University Law School, Legal Assistance Society Projects Director Daniel D. Sullivan, and unidentified persons. See VLW December 11, 1969.

1970

Student protest
Students participate in a demonstration against the American invasion of Cambodia and the tragic slaying of students by National Guardsmen at Kent State University in 1970. During the protests, some law students wore armbands identifying themselves as “legal marshals” available to inform other students of their rights.

1985

Student speaks with migrant worker
First-year law student Karl Racine talks to migrant worker Sene Lanoix as part of the Legal Assistance Society Migrant Farm Workers Project, 1985. See VLW, November 1, 1985.
Student protest
Students protest the South African policy of apartheid, 1985.

2017

Candlelight vigil
Community members gather in response to neo-Nazi and white supremacist marches, 2017.

 

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Arthur J. Morris Law Library

The Arthur J. Morris Law Library is the home of research for students and faculty at the University of Virginia School of Law.

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