San Diego County Public Law Library Newsletter

Library Closed July 4th & July 5th In celebration of the adoption of the Declaration of Independence, all locations of the Law Library will be closed on Friday, July 4th and Saturday, July 5th. Normal hours of operation will resume on Monday, July 7th at all locations. For more information on the history and signers of the Declaration of Independence go to: http://www.ushistory.org/declaration/

E-Mail a Reference Librarian San Diego County Public Law Librarians are just a click away! Use our e-mail reference service to have a reference librarian provide research guidance. We will strive to provide references to useful materials within 48 hours, excluding holidays. Keep in mind that we cannot do your legal research for you, provide answers to questions that call for a legal opinion, interpret the law for you, or suggest specific forms that you should use. What we can do is suggest resources that may help you decide how to handle your legal issue and help you find agencies that may be able to assist you. Click on the "e-reference" link on our website and follow the directions for asking a reference question by e-mail.

Public Domain Doctrine Strikes Out Right of Publicity On June 2, the United States Supreme Court declined to hear Major League Baseball's appeal of an 8th Circuit Court of Appeal's decision. The decision upheld the lower court's ruling that the names and statistics of famous athletes are in the public domain. Major League Baseball Advanced Media (MLBAM) v. C.B.C. Distribution and Marketing, Inc. (CBC), centered on whether websites running fantasy sports leagues needed to pay rights fees to use the names of real players. The general practice is for companies that want to run a fantasy sports league to pay a rights fee to the specific sports league, in this case Major League Baseball. In 2005, MLBAM, the licensing arm of Major League Baseball and its Players Association, terminated CBC's contract to use players' names and statistics for its online fantasy baseball. CBC continued their fantasy sports league despite the termination of the contract. When MLBAM tried to stop CBC's actions, CBC sued. CBC argued that, since the names and statistics can be found in any sports section of online outlets or newspapers, they are in the public domain. Therefore, charging for the use of this information would constitute a free-speech violation. The Major League Baseball Players Association and the associations of the other three major sports leagues argued that free use of the information infringed on their right of publicity. The trial court ultimately ruled that, "(T)he strong federal policy favoring the full and free use of ideas in the public domain as manifested in the laws of intellectual property prevails over ... contractual provisions." The Court of Appeals agreed, and the Supreme Court declined certiorari. The Supreme Court Order can be found at 2008 US Lexis 4574, and the 8th Circuit Opinion can be found at 505 F. 3d 818.

Website of the Month HG.org, established in 1995, provides an extensive list of various worldwide legal directories. It was one of the first sites to feature a compilation of law and government resources. The objective of HG.org, is to make law, government and related professional information easily accessible to everyone. The site provides a number of searchable legal directories, such as: law firms and attorneys worldwide by name, location or practice area; expert witnesses, including separate medical and forensic expert databases; court reporters; process servers; investigators; and more. HG.org provides information for numerous practice areas, with separate links to business and consumer law covering everything from local to international topics. There are informational databases to U.S. Courts and government, U.S. federal and state law, international law and government by country, links to resources about NAFTA, the European Union and the United Nations. It also features legal employment and student centers, access to a legal publications directory and an extensive listing of legal organizations and bar associations.

Peremptory Challenges in Misdemeanor Cases Did you know that California is one of the few jurisdictions that allows for more than six peremptory challenges in misdemeanor cases? California, along with New York and New Jersey, permits a total of 10 peremptory challenges in misdemeanor cases. All other states and the federal courts allow six or less for misdemeanor cases. The majority of states, 22 in all, and the federal courts permit only 3 challenges, while 10 states allow 6, 8 states allow 5, and 7 states allow 4. Source: California Courts Review, Spring 2008

SDCPLL's Victoria Williamson Receives Prestigious "Rohan Chapter Service Award" The Southern California Association of Law Libraries (SCALL) presented Victoria Williamson, SDCPLL's Assistant Director of Public Services, with the "Rohan Chapter Service Award." The SCALL Executive Board established the award in 1981 in honor of Bill Rohan, one of SCALL's most devoted and energetic members. The award recognizes a SCALL member for their outstanding service to the Chapter. SCALL President, Frank Houdek, wrote regarding Rohan, "We can only hope that the memory of his energy, his devotion to serve and his perpetual good humor will spur present and future members to seek the level of achievement he so consistently reached." Ms. Williamson received the award during the SCALL Business Meeting held at the U.S. Courts of Appeal building in Pasadena on June 25th. Mr. Rohan's widow, Peachy, and his son, William, attended the event as SCALL's special guests. Ms. Williamson stated that she was humbled to be in the presence of Bill Rohan's family as she accepted the award. Mr. Rohan had worked at SDCPLL before his passing in 1981.

SDCPLL Board President Wins "Attorney of the Year" Award SDCPLL Board President, K. Martin White, Esq., was the recipient of this year's prestigious North County Bar Association's "Attorney of the Year" award at the Bar's meeting on June 19, 2008. This annual award is presented to the Association member, who during the previous calendar year, is best exemplified by any or all of the following criteria: The advancement of the art and science of jurisprudence; The standards of professional conduct; The highest level of professional competence; Outstanding community or pro bono contribution; and/or Obtained a truly exemplary result in a particular matter that elevates his/her performance to an exalted status in the eyes of his peers. Mr. White gave a very moving acceptance speech in which he acknowledged his grandmother for all her support, his "family" at the North County Bar Association, and one of his mentors, Ernie Hunt. Please join the Law Library and all his friends and colleagues in North County in saluting Mr. White on achieving this great honor.

SDCPLL Law Librarians Train Public Library Staff The San Diego County Public Law Library held two workshops to acquaint public library staff with the latest legal resources available for self represented litigants. On April 22, the Serra Adult Services Committee and SDCPLL co-sponsored a workshop for public library staff. Barbara Tarvin and Isabel Eustaquio, San Diego County Public Law Librarians, covered legal resources available to the public, including how to use free websites, legal self-help books, free services available at the courts, and when to send patrons to the county law library. The presentations also included a basic overview of the legal system. The SDCPLL librarians emphasized that public library staff should provide patrons with access to legal information and resources, and not provide legal advice. The attendees responsed positively to the presentations, suggesting that the class be required for all public library staff.

North County Paralegals "Celebrate Paralegal Day" First celebrated in 1988, California Paralegal Day provides an opportunity to acknowledge the contributions paralegals have made to the legal community and to recognize their efforts in helping our legal system perform more efficiently. In proclaiming June 20, 2008 California Paralegal Day, Governor Arnold Schwarzenegger thanked California's paralegals for their "service to our nation's justice system and the legal community." Vista Mayor, Morris B. Vance, and the Vista City Council proclaimed June 20, 2008 "Paralegal Day in the City of Vista." On June 11, 2008, the North County section of the San Diego Paralegal Association celebrated California Paralegal Day with a reception at the North County branch of the San Diego County Public Law Library. Organized by North County liaison LaVonne Kiser and several dedicated committee members, the reception was held on the Law Library patio. Thanks to the many sponsors, attendees were treated to a fabulous catered meal and door prizes. Guest speaker Garry G. Haehnle, North County Superior Court Commissioner, spoke on paralegals' value to the legal community and how their pro bono activities benefit the community. In praising paralegals for their attention to deadlines, details and perseverance, Commissioner Haehnle cited the Kristin Rossum trial. In this local San Diego trial, it was the hard work and dedication of a paralegal that provided the defining moment in the case, which led to a murder conviction. Chartered in 1977, the San Diego Paralegal Association (SDPA) is a non-profit organization established for the purpose of promoting the paralegal profession through awareness, education, and public service. For more information on SDPA, visit their website at www.sdparalegals.org.

Upcoming Classes for July & August 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. 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 August What Women Need to Know about Social Security* Wednesday, August 6th, 12-1 pm Using Lexis* Thursday, August 7th, 12-1 pm Intellectual Property: An Overview* Wednesday, August 20th, 12-1 pm Law Made Public Saturday, August 23rd, 2-3 pm * MCLE Credit is available for these classes. The San Diego County Public Law Library is a State Bar approved MCLE provider.

Featured New Book & New Materials Added to the Collection Our featured resource this month is: Handling a Real Property Foreclosure With foreclosures being such a hot issue lately, this book is a good resource to know about. This newly revised 2008 Action Guide by CEB covers real property foreclosures from the lender's perspective. However, it is also valuable to the borrowers' and trustees' counsel for its description of the foreclosure process. This Action Guide covers trustee sales and judicial foreclosures, as well as provisional remedies. Other topics include: evaluating a default, choosing an appropriate remedy, using provisional remedies, non-judicial foreclosure, judicial foreclosure and other judicial remedies, what to do after judicial foreclosure judgment, and possession of foreclosure property. 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 Tina Jagerson, Media Coordinator and Reference Librarian.