June Newsletter- San Diego County Public Law Library

Lunch with a Famous Lawyer- Erwin Chemerinsky   Constitutional law guru and USC Professor Erwin Chemerinsky will be discussing significant decisions by the United States Supreme Court this term on June 17, 2003 during a lunchtime lecture at the U.S. Grant Hotel, 326 Broadway, San Diego . Registration starts at 11:45 a.m., lunch will be served at 12:15 p.m., and Professor Chemerinsky will begin speaking at approximately 12:45 p.m. One hour of MCLE credit will be available.* Read more about it!!

Coming in July- MCLE Class in On-line Legal Research!  Need some MCLE credit? On July 23rd the Law Library will be offering a class for attorneys to familiarize them with some of the online resources available at the Law Library that is good for 2 hours of participatory MCLE credit. The class is free for members of the Law Library and $10 for non-members. The focus of the class will be on learning how to use databases the Law Library is subscribed to, such as Loislaw.com and Shepard's Online. Additionally, the class will cover various free governmental and legal sources of information. Discussion of what is available on each of these resources will be discussed. There will be time for hands-on practice at the end of the class. For further information or to sign up, call (619) 531-3900.

Judicial Budget Cuts Loom for Civil and Family Courts  The tightening of many state budgets has forced cuts in the judicial system across the U.S. The National Law Journal gathered some information on what is being cut in each state and compiled this article. California is looking at cutting $138 million from the courts and $85 million from prisons. The amounts looking at being slashed from the courts would mainly affect family, domestic violence, self-help and civil calendars. The impact of these cutbacks will be most dramatic on families, children, and civil litigants. The San Diego County Bar Association is mobilizing an effort to fight the cuts. Read the article and see what you can do to help!

CLOSED for 4th of July Holiday  All locations of the San Diego County Public Law Library will be closed on July 4th to celebrate Independence Day. The Main Library will be open on Saturday July 5th with regular hours (10 a.m.- 5 p.m.).

Latham & Watkins Receives 2003 ABA Pro Bono Award  Latham & Watkins, a large international firm with an office here in San Diego, is one of the current recipients of the 2003 ABA Pro Bono Publico Award. The Standing Committee on Pro Bono and Public Service presents awards annually to individual lawyers and institutions in the legal profession that have demonstrated outstanding commitment to volunteer legal services for the poor and disadvantaged. The awards will be presented at the Pro Bono Publico Awards Assembly Luncheon in San Francisco, CA. The luncheon and presentation will be held at noon on Monday, August 11, at the Moscone Center. San Francisco Mayor Willie Brown will be the keynote speaker.

Gray Cary Ware & Freidenrich Attorney Honored  Lisa A. Haile of the law firm Gray Cary Ware & Freidenrich has been named by the January 2003 issue of the American Lawyer magazine as one of the country's top 45 private practice attorneys under the age of 45. "This is a tremendous feat for Lisa, especially when you consider the magazine's selection process and how many lawyers were considered," said Douglas J. Rein, managing partner of Gray Cary's San Diego Office. "That she is the only lawyer on the list from San Diego is even more impressive." Designated lawyers were chosen by a panel of six editors and senior reporters at The American Lawyer following a rigorous, two-month selection process. The panel reviewed more than 600 names, researching individual backgrounds and scoring candidates based on a variety of criteria, including deal and/or trial track records.

New Cases  Reference Librarian Michael Kaye reads the cases in the Los Angeles Daily Appellate Report (DAR) every day and makes notes on them. Many of our regulars stop in and ask to see our copy of the DAR just to see Mike's notes. He has selected some cases from the May DARs that may be particularly useful for different areas of law. The U.S. Supreme Court will be releasing many opinions in June so look for those in the next issue. U.S. Supreme Court Illinois Ex. Rel. Madigan v. Telemarketing Associates, 2003 DJDAR 4867 (U.s. Supreme Court). States may prosecute telemarketers for fraud when the telemarketers make false or misleading statements designed to deceive donors. Civil Procedure Ingle v. Circuit City, 2003 DJDAR 5097 (9th Cir). Unconscionable nature of employer's arbitration agreement makes it unenforceable under California contract law. Criminal USA v. Odom, 2003 DJDAR 5389 (9th Cir). Inadvertant display of firearm by defendant during commission of bank robery is insufficient to support armed robbery convictions. Commercial Law Florez v. Linens 'N Things Inc, 2003 DJDAR 4821 (CA Ct. of Appeal, 4th Dist). When a consumer uses a credit card in a store, the store can ask consumers for additional personal identification, such as telephone number or drivers license, in order to prevent credit card fraud. However, stores cannot write the info on credit card slips or use the personal info to compile mailing list for its own use and to sell to others. See CA Civil Code section 1747.8. Immigration Manimbao v. Ashcroft, 2003 DJDAR 5397 (9th Cir.). Petitioner who was attacked and had his family threatened due to his membership in a political group establishes a "well founded fear of persecution" and is entitled to asylum. Intellectual Property Horphag Research v. Pellegrini, 2003 DJDAR 5018 (9th Cir). Defendant who used metatags to divert people from the trademark owner's Internet web site was guilty of trademark dilution.

June 2003- Sad but True...  This cartoon is one of Stu's Views. These are cartoons by a local lawyer, geared for lawyers. Stu is an entertainment lawyer here in San Diego who represents mostly visual arts creators. As he says in his bio on his home page, "Stu is the lawyer for cartoonists and the cartoonist for lawyers." See other cartoons by Stu at www.stus.com.

New Books- June 2003  Here is a list of some of our newest acquisitions. Please note that while some of these books are located only at Main, books that circulate can be sent to our branches upon a request from the branch. MARSH'S CALIFORNIA CORPORATION LAW by Harold Marsh, Aspen Law & Business, 2003. YES! We finally have the set that is considered by many to be the final word in corporate law! This four volume set covers the formation on corporations and the advantages and disadvantages of different formations, as well as the laws, legislative history, and major cases that make up the California's corporate world. This information, coupled with the authors' analysis and advice on corporate transactions, makes this an invaluable resources for the corporate law practictioner. Available at Main and North County at KFC345 .M3 2000. THE CALIFORNIA COURT OF APPEAL, STEP BY STEP : CIVIL APPELLATE PRACTICES AND PROCEDURES FOR THE SELF-REPRESENTED by the California Court of Appeal, Fourth Appellate District,Division One, 2003. This guide, put together by a reasearch attorney for the Appellate Court, is a wonderful guide not only for the self-represented, but also for the newer attorney who is assembling an appeal for the first time. Available at all locations at KFC964 C37 2003. A LAWYER'S JOURNEY : THE MORRIS DEES STORY by Morris Dees with Steve Fiffer, American Bar Association, 2001. The Law Library doesn't usually carry "popular" reading materials, but when we saw this book by one of the founders of the Southern Poverty Law Center, we knew we had to have it. This book discusses Dees' beginnings, taking pro bono cases focused on racism that few others had the willingness or resources to pursue, and the eventual path to several landmark decisions in the United States Supreme Court. Available at Main at KF373.D43 A3 2001. ESTATE PLANNING FOR THE BLENDED FAMILY Program Handbook, CEB, Feb/Mar 2003. Available at Main at KFC195.Z9 E881 2001. OPEN FOR BUSINESS: TECHNICAL ASSISTANCE FOR BUSINESS SUCCESS - This video recording and accompanying CD-ROM provides basic information for anyone wishing to start their own small business. Produced by the Office of Center Operations and Community Services, Division of External Affairs of the University of Texas-Pan American in Edinburg, Texas, this recording follows Norma through the many steps involved in starting her own business. It provides an excellent overview of what is involved in starting a business and an explanation of what each means and why it is important. The video discusses how to tell if your idea is good, developing a business plan, getting the financing, advertising, money management and customer service. The accompanying CD-ROM contains workforms, a sample business plan and sample financial statements to help see what these items actually look like. Because this project was geared to encourage the development of small businesses along the U.S./Mexico border, the information is available in both English and Spanish. This is an extremely useful tool in assisting those who have never owned their own business to see just what is involved and providing ideas on how to make their own dreams realizable. Available at Main. The English version of the video and the CD-ROM is KF1659.O64 1999v. The call number for the Spanish version of the video is KF1659.O646 1999v. The CD-ROM contains both the English and Spanish versions on one disc.

Libel Suit on the Web have Mixed Results  Decisions about whether unflattering remarks posted on web sites constitutes libel is getting diverse treatment in state courts. For example, a Los Angeles superior court recently ruled that the on-line auction site Ebay.com is not responsible for the unflattering feedback comments posted by users because Ebay is protected by the federal Communications Decency Act of 1996, or CDA. Of course, the plaintiff, an attorney, plans to appeal. On the other hand, the North Dakota Supreme Court recently awarded $3 million to a university professor who was defamed on a student's web site (see article) . The major case being used in deciding whether the person responsible for the posting or Internet site can be sued in a particular state is Calder v. Jones, 465 U.S. 783 (1984). This case lays out an "effects test," but so far state courts have had differing opinions on how that is applied.

Focus on Forms  Every issue of our e-newsletter contains information about useful web sites that we run across in our daily reference activities. As professional researchers, law librarians are quickly able to evaluate the usefulness and authenticity of web sites and pass that information on to you. Websites that charge for their services are denoted with a $$ symbol. Here are some sites you may not know about: San Diego Superior Court Forms- While not all of the local forms are available for download currently, those that are appear on the web at this site. Not only do forms for civil, criminal, family, traffic, probate, small claims and other courts appear here, there is also a link to the current schedule of fees. California Judicial Council Forms- A wonderful site where you can download every Judicial Council form. Forms indicated as fillable may also be filled out electronically. Non-fillable versions of all forms are also available. Forms are organized by category or number and are provided as Adobe Acrobat documents (.pdf) that you can print on any computer that is running Adobe Acrobat Reader 5.0 or newer. U.S. District Court- Southern District of California- Three categories of forms are found on this web page in .pdf format-- attorney admissions, civil, and criminal. Some of the forms are interactive and can be filled out on-line. Many forms also are cross referenced with the corresponding Federal Rules of Civil Procedure (FRCvP) rule. Legal Writing Success - $$- Need to write an appellate brief in a hurry? Or have a pleading drafted in an unfamiliar area of law? This company consists of attorneys who offer writing services, assist in research, consulting, rewriting and editing of legal materials for about $100 an hour. We cannot vouch for the quality of the product, of course, but you can visit the site and judge for yourself. Bureau of Citizenship and Immigration Services - Effective May 29, 2003, the Bureau of Citizenship and Immigration Services (BCIS),formerly known as the INS, will accept electronic filing for two of its most popular immigration forms- Employment Authorization (Form I-765) and renew or replace a Permanent Resident Card (I-90). They have other forms available as well, but these two forms represent 30% of the applications that are processed by the agency. A photograph, signature, and fingerprint will still be required to finalize the application but e-filers will be able to schedule an appointment to complete these requirements. Read more about it here.

Reference Question of the Month- Keeping Abreast of Nudity Laws  With all the furor about some city councilmens' alleged involvement in strip clubs, there has been a marked increase in the interest of laws regarding nudity. So here is a "brief" recap on state and local laws. State Laws-- To read the complete text of these laws, go to the California Legislature's page, click on the code and type in the section. Business and Professions Code Section 25750 -- exception from nudist laws for "nude person at licensed premises located at a nudist resort or nudist campground which was in existence prior to January 1, 1977, and whose operation is in conformance with local land use regulations." Penal Code Section 311- distributing pornography to minors Section 314- flashing Section 315- prostitution Section 316- running a brothel Section 318.5 & 318.6 - regulations of exposure of genitals, buttocks or breasts in adult or sexually oriented businesses Local Laws San Diego County Regulations and Ordinances apply to all areas of San Diego County that are not incorporated. For instance, El Cajon is an incorporated city and has their own regulations, but Julian is not an incorporated city so they would be subject to the County regulations. Chapter 10 of the County of San Diego Code of Regulatory Ordinances says that public nudity is banned "except in an area expressly set aside for such purpose or in those portions of a comfort location, if expressly set aside for such purpose." Also, children under the age of 10 years old and those engaged in theaterical performances are exempt from the regulations. These San Diego Municipal Code regulations apply within the city limits of San Diego: 33.2801- Escort Services 33.3601- nude entertainment 33.3501- Massage Therapists 56.53- Nudity on Public Lands

We hope you've enjoyed our newsletter. We're hard at work on the next edition. In the meantime, please visit us online at: http://www.sdcpll.org/. And come see us in person at one of our locations. For locations and hours please click here: http://www.sdcpll.org/location.htm. For more information contact: Amy Hale-Janeke ahale@sdcll.org Media Coordinator / Reference Librarian (619) 531-3900