Law Library Newsletter

SAVE THE DATE! 10/10/08 Legal Roots: Celebrating 50 years of legal fundamentals, in a FUN-damental way, will be the theme of the NON-political evening event of the year, on October 10, 2008 at the Air and Space Museum in Balboa Park. SAVE THE DATE! The dinner and program is meant to celebrate those who have worked in the legal community (lawyers, judges, paralegals, secretaries) for 50 years or more, and to mark the 50th anniversaries of the main law library, the American Board of Trial Advocates and Law Day. The program emcee will be Fox News anchor Heather Myers. Featured will be the Bar News Alive team of Jim Pokorny, John Little and Ken Turek, with a film produced by John Morris. The special guest speaker will be announced soon! The event will benefit the courthouse museum in Old Town (the first courthouse in San Diego) and the Law Library Justice Foundation. There will be a silent auction, and the museum (with a new Star Trek special exhibit) will be open exclusively to guests of the event. For more details, including sponsorship opportunities, see www.legalroots.com, or call the event chair, George Brewster, at 619-531-4893.

Free Legal Clinic in Casa de Oro on Wills, Estate Planning, Trusts & Probate The San Diego Bar and the San Diego County Library partners with the San Diego County Public Law Library in offering "Lawyer @ Your Library" programs to public libraries. A free legal clinic will be held on: Wednesday June 18, 2008 10:00am - 2:00pm San Diego County Library Casa de Oro Branch 9805 Campo Rd. Spring Valley, CA 91977 619-463-3236 Lawyers will be available for free consultations on Wills, Estate Planning, Trusts, and Probate. The consultation is to provide general legal advice and referrals only. Volunteer lawyers will not provide on-going representation. Consultations are given on a first come, first served basis and will only be provided on the areas specified above.

Welcome to new Acquisitions Librarian Amanda Quist Amanda has been a part time Library Aide with SDCPLL since 2005, and now joins the staff full time as Acquisitions Librarian. Born and raised in Minnesota, she came to San Diego to complete her undergraduate degree at UCSD and never left. Her BA in History led her to take up writing historical fiction for a time, but she now finds she enjoys reading it more than writing it. Prior to joining the library, she was fully occupied caring for her two young daughters and attending graduate school. She holds a Master's degree in Library and Information Science from San Jose State University. When she manages to grab a moment to herself, she can be found curled up with a book. Please join us in welcoming Amanda to her new position at SDCPLL!

California Ballot Measures - Don't Forget to Vote On Tuesday, June 3, 2008, voters in California will have the opportunity to help choose the party nominees for many congressional and state legislative offices, as well as deciding on two ballot measures placed on the ballot by members of the public. Following are the summaries prepared by Attorney General Edmund G. Brown Jr. on the two eminent domain related ballot measures: Prop 98 Summary Eminent Domain. Limits on Government Authority. Initiative Constitutional Amendment. - Bars state and local governments from taking or damaging private property for private uses. - Prohibits rent control and similar measures. - Eliminates deference to government in takings cases. - Defines "just compensation." - Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government. - Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: - Increased costs to many governments due to the measure's restrictions. The net statewide fiscal effect, however, probably would not be significant. Prop 99 Summary Eminent Domain. Limits Government Acquisition of Owner-Occupied Residence. Initiative Constitutional Amendment. - Bars state and local governments from using eminent domain to acquire an owner-occupied residence, as defined, for conveyance to a private person or business entity. - Creates exceptions for public work or improvement, public health and safety protection, and crime prevention. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: - No significant fiscal impact on state or local governments. Full proposition summaries, including What Your Vote Means and arguments by both sides, can be found in the Voter Information Guide at: http://www.voterguide.sos.ca.gov/ballot_sum/ballot_measure.shtml

New Wireless Telephone Laws Effective July 1st Want to talk on your cell phone and drive at the same time? Get a hands free device now! Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. The first law prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. (Vehicle Code §23123). Motorists 18 and over may use a hands-free device. The second law prohibits drivers under the age of 18 from using a wireless telephone or a hands-free device while operating a motor vehicle (Vehicle Code §23124).

Gay Marriage Ban Struck Down On Thursday, May 15, the California Supreme Court ruled that the 2000 ban on same-sex marriages violates the California Constitution. The Court ruled in the In re Marriage Cases that "In view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution properly must be interpreted to guarantee this basic civil right to all Californians..." The Court found that statutes that provide for differential treatment based on sexual orientation must survive a standard of strict scrutiny. The Court said that the current domestic partnership denies gay couples equal protection of the laws. Justice Baxter's dissent argued that the majority was going against the will of the people and their opinion created a constitutional right where one didn't exist. Under California Rules of Procedure, the decision cannot go into effect for at least 30 days. Out-of-state groups have funded a proposition that they are trying to have placed on the November ballot to amend the California Constitution to explicitly prohibit gay or lesbian couples to marry. The Court's opinion can be found at www.courtinfo.ca.gov/opinions/documents/S147999.PDF. To read one of the 44 amicus briefs filed in the case, go to: http://www.courtinfo.ca.gov/courts/supreme/highprofile/amicicuriae.htm.

Reference Question of the Month: How is Social Security Financed? Ever wondered how Social Security is financed? Social Security is financed through a dedicated payroll tax. Employers and employees each pay 6.2 percent of wages up to the taxable maximum of $102,000 (in 2008), while the self-employed pay 12.4 percent. For more information go to: http://www.ssa.gov/pressoffice/factsheets/HowAreSocialSecurity.htm

Website of the Month: PreCYdent www.precydent.com Although PreCYdent is still in beta testing phase, it aims to give a growing body of public-domain law a sophisticated search engine comparable to those of commercial legal databases. Already, the developers of this experimental legal search engine claim their tests outperform Westlaw's natural language search, not to mention other commercial databases. Thomas Smith, a law professor at the University of San Diego, is the co-creator of the new legal search engine. Smith says that judicial opinions and statutes must be in the public domain, and that everyone -- lawyers, students and the public-- should have access to legal research technology. "The site is free and will stay that way," Smith says. The service will rely on ads to generate revenue. PreCYdent uses a sophisticated, yet simple-to-use Google-esque search engine developed specifically with legal resources in mind. It uses a proprietary algorithm to analyze connections within networks of data which helps retrieve legally relevant authorities even when they do not contain the search terms. Currently you can find federal and state cases on PreCYdent but the breadth of cases available varies widely by jurisdiction. On May 8th, 2008 PreCYdent released the first version of its citator. Now you can check subsequent actions on cases, such as whether it was overruled, reversed or affirmed.

Upcoming Classes for June & July Members of the general public may sign up for these classes by calling (619) 531-3900. The classes are free to Law Library members and are $5 for non-members. Participants may bring lunch. Pre-registration is required, as seating is limited. All classes are held at the Main Branch. For a complete description of the classes and the most up-to-date information, go to: www.sdcpll.org/calendar/calendar.html. June Using Lexis* Monday, June 2nd, 12-1pm Free Legal Websites* Tuesday, June 10th, 12-1pm Appellate Law 101* by Special Speaker Randall B. Christison, Esq. Friday, June 13th, 12-1pm Law Made Public Saturday, June 22nd, 2-3pm July Focus on Forms* Tuesday, July 8th, 12-1pm Top 10 Myths about Social Security* Monday, July 21st, 12-1 pm Special speaker Yolanda York will tell us what most people think they know about Social Security (but really don't!). Will social security be there for you when you need it? Where should you look for answers to social security questions? Find out what credits are needed to qualify for benefits and the best way to apply for them. Ms. York will also cover the programs administered by the social security agency, including Medicare. Practical Legal Research Saturday, July 26th, 2-4 pm * MCLE Credit is available for these classes. The San Diego County Public Law Library is a State Bar approved MCLE provider.

Featured New Resource & New Materials Added to the Collection Our featured resource this month is: International Legal Research in a Nutshell This Nutshell provides a basic introduction to international legal research. It guides the non-specialist through the unfamiliar paths of research using international legal materials and demystifies the world of treaties. Because it is intended for the non-specialist, it provides background information on the United Nations and the European Union and guidance on using the documents and legal materials of these institutions. There are extensive links to the rich world of Web resources, but it also describes paper research tools that remain important in this field. Finally, it sets out a road map for approaching an international legal research problem. New Materials Added to the Collection The Law Library adds numerous new materials to its collection on an ongoing basis. To see new books added to the collection in the last month, CLICK HERE Also, you can locate a list of new materials at any time on our website at www.sdcpll.org. Click on the "Online Catalog " link and then click on "Featured Item Lists," you can then select the most recent month. If you have suggestions as to resources you would like to see added to our collection, please send an email to: refdesk@sdcpll.org.

Cartoon by Stu Rees Stu's Views are "Cartoons About Law and Lawyers." Stu Rees is a local entertainment lawyer who represents mostly visual arts creators.

We hope you've enjoyed our newsletter! If you are a guest and would like to subscribe, please click here. We're hard at work on the next edition. In the meantime, please see us online at www.sdcpll.org or visit us at one of our four locations. For more information, or to send comments about this newsletter, contact Gina S. Catalano, Head of Reference Services.