Wayne County Law Library Blog

Equitable Distribution of Property 3d

2012-01-20T12:39:00.000-05:00

New features and recent developments in the 2011-2012 supplement include:

Discussion and criticism of new New York statute adopting a mandatory perliminary injunction against dissipation. (§ 3:8)
Extensive new discussion of the effect of orders making an early division of marital property, and of procedural issues arising when early division is requested. (§ 3:9)
Treatment of virtual assets -- accounts and characters in online games -- as divisible property. (§ 5:10)
Classification of employment discrimination verdicts and settlements. (§ 6:54)
More on verbatim or nearly-verbatim adoption of proposed findings and orders. (§ 8:3)
Effect of changing market conditions on an order of sale which specifies a listing price (§ 9:14)

Ohio Domestic Violence Law 2011-2012

2011-12-06T11:47:00.000-05:00

A new Chapter 20 discussing the new authority of juvenile courts to hear petitions for protective orders against children, to determine whether a civil protection order should issue against a juvenile respondent, and to enforce a protection order issued, or consent agreement approved, against a juvenile respondent.

Ohio Sentencing HB 86 Questions & Review

2011-11-02T10:12:00.000-04:00

"At once being described as landmark legislation being the first substantive revision & updating of Ohio sentencing law in 15 years, recently enacted HB 86 has also generated its share of concern, apprehension, and confusion as well – So much so that the General Assembly and Ohio Criminal Sentencing Commission are being reported as being in the process of weighing those changes even as the corrections overhaul goes into effect." Hamiton County Law Library Blog.

A review of the issues and useful links are found on the Hamilton Couty Law Library Blog.

Local Government Law -- Municipal (Baldwin's Ohio Practice)

2011-10-03T10:14:00.002-04:00

The 2011-2012 pocket part includes a completely rewritten Chapter 30 on the critical topic of liability of local governments for violations of the Federal Civil Rights Act (42 U.S.C.A. Section 1983).

House Bill 86 - Summary and Analysis

2011-08-26T10:51:00.000-04:00

The Ohio Sentencing Commission has issued its summary & analysis of recently passed HB 86, going into effect on Sept. 1, 2011. Amended Substitute House Bill 86, sponsored by Reps. Lynn Slaby and Tracy Heard, contains the most significant amendments to criminal and prison law since S.B. 2 took effect in 1996. Proposed S.B. 22, sponsored by Sen. Bill Seitz last session, laid the foundation for many of the changes. H.B. 86 also makes noteworthy changes in juvenile law.

Lindey and Parley on Separation Agreements and Antenuptial Contracts, 2d, Chapter 41

2011-08-01T12:41:00.000-04:00

Chapter 41 of Lindey and Parley (Release 77, July 2011) has been completely revised to include discussion on nondischargeable debt, most notably in Section 41.41. Significant revisions made to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") are examined. Amendments to 11 U.S.C. Section 523 provide that a discharge in bankruptcy did not discharge an individual debtor from debt. These revisions are intended to simplify the process of determination as to whether a debt obligation in relation to matrimonial dissolution of child support is nondischargable.

Litigating Wrongful Discharge Claims (Revised Chapter 6) 2011

2011-07-05T09:19:00.000-04:00

Christopher Bello has reviewed and revised Chapter 6 on behalf of the author. Chapter 6, "Alternative Tort Remedies," treats the numerous tort remedies that should be considered as a means of making a wrongfully discharged plaintiff whole. Also included in this revision are revised appendices containing warious application statutes, and an updated state-by-state compendium of leading and representative decisions relating to implied contracts arising from handbooks and other representations.

Baldwin's OH Practice, Criminal Law 3d -- 2011 pocket parts

2011-06-10T08:33:00.000-04:00

New features and recent developments highlighted in 2011 pocket parts include:

New section discussing a court's conclusion that an outstanding warrant against an individual negates his expectation of privacy and liberty, making a stop reasonable regardless of whether the officer knew of the outstanding warrant (Section 19:10.50)
New section on presecution appeals from orders requiring pretrial disclosure of materials being withheld by prosection (Section 47:13); and
New section outlining preservation of testimony pursuant to Crim. R. 16 (Section 53:13)

Wireless Access Now Available

2011-04-19T11:17:00.000-04:00

Wireless access in now available to attorneys using the law library in the Wayne County Courthouse at 107 W. Liberty St. Ask for the access code at the service desk.

BNA - Corporate Practice Series

2011-03-21T09:36:00.003-04:00

The library subscribes to the complete set of over 60 portfolios in the Corporate Practice Series. This series covers legal issues affecting business organizations. They provide in-depth analysis and practical guidance from expert legal practitioners. BNA provides an online list of these publications as well as table of contents and list of forms from each portfolio. The portfolio is found in Section A-21 in the law library.

Government Printing Office launches FDsys

2011-02-05T17:02:00.003-05:00

The U.S. Government Printing Office (GPO) provides publishing & dissemination services for the offical & authentic government publications to Congress, federal agencies, federal depository libraries & the public. The GPO recently launched it's latest version of government information services online with the Federal Digital System (FDsys). Through FDsys you are able to search for docments and publications, browse for documents by collection, congressional commitee and date. Frequently consulted collections include the Federal Register, Statutes at Large, Code of Federal Regulations and Public and Private Laws

Powell on Real Estate, Release 133, December 2010

2011-01-04T09:00:00.003-05:00

A new chapter 78C provides an introduction to Smart Growth, a subject related in goals to the previous chapter, Chapter 78B, Green Buildings ... Smart Growth challenges two long-standing goals of land use law: (1) reduction of population densities and (2) separation of land uses ... tenets include land conservation, environmental protection, regional planning, and public participation ... discusses possible inplications for private property rights.

Law of Distressed Real Estate / Baxter Dunaway

2010-12-20T11:10:00.004-05:00

Release 26 contains a new chapter: Bankruptcy --Section 363(b) Use, Sale or Lease of Bankruptcy Assets Other than in the Ordinary Course of Business (see Section 28B).

Ohio Landlord Tenant Law 2010-2011

2010-12-03T11:38:00.004-05:00

This updated Baldwin's Handbook includes these recent features and developments:

Can a husband or wife be held liable for the other spouse's unpaid rent if the other spouse was the only one to sign the lease, but the husband or wife still lived in the rented home? See Q&A in Section 6:2
Which is better, a standard security deposit or a security deposit bond? See Q&A in Section 6:12
Is a landlord off the hook for liability for injury to a tenant that occurs after he sells the property? See Q&A in Section 8:6

Family & Medical Leave Questions

2010-11-05T11:21:00.004-04:00

.... may be answered in the frequently revised Family & Medical Leave Handbook (Law Library Section A16). The Handbook provides employers and others who have to comply with or explain the law detailed information about the FMLA's requirements, giving best practices tips and sample policies and forms that can be adopted to fit an employer's specific circumstances.

Some examples of situations covered:

Administering intermittent leave for chronic illness.
Granting leave to family members of an injured military service member.
Knowing what is a serious health condition.

Criminal Defense Techniques Release 101

2010-10-26T11:15:00.002-04:00

The latest release of Criminal Defense Techniques includes complete revisions to Chapter 54 Defense of an Obsenity Case, Chapter 55 Defense of a Kidnapping Case and Chapter 55A Defense of Capital Crimes.

Lindey and Parley on Separation Agreements and Antenuptial Contracts, 2d, Chapter 130

2010-09-17T09:59:00.002-04:00

Chapter 130 -- Legally Recognized Same-Sex Relationships has been completely revised. The chapter discusses legally recognized same-sex marriages, civil unions and domestic partnerships and provides guidance for practitioners in drafting agreement recitals and provisions in the areas of general rights and responsibilities, children and property rights.

Investigating Employee Conduct (Revised Chapter 6)

2010-09-03T11:29:00.002-04:00

Revised Chapter 6 contains the latest developments concerning the mechanisms that employees use to watch their employees. Among the surveillance techniques treated are cameras, undercover employees, wiretaps, pen registers, and thermal imaging. Also discussed are the monitoring of computers, e-mails, the Internet, blogs, social media and networks, texts, and tweets

Law schools overly optimistic about jobs after graduation?

2010-09-01T16:40:00.002-04:00

"Law schools, once viewed as a guaranteed path to a high-paying career, are coming under fire as disillusioned graduates find a tighter job market than they say they were led to expect" ...
read more from USA Today.

2009 Court Filings were Down in Ohio

2010-08-25T19:17:00.003-04:00

The Ohio Courts Statistical Summary for 2009 from the Ohio Supreme Court shows that case filings are down eight percent (8%). The largest decrease appears to be in traffic fines. The numbers for breach of contract, non-tort civil cases and domestic violence cases are all up. Click here to review the actual statistics. Click here to read the Court's Press Release.

Criminal Defense Techinques Release 100

2010-07-30T12:49:00.002-04:00

This latest release of Criminal Defense Techniques includes complete revisions of Chapter 52 Defense of a Gambling Case, and Chapter 53A Defense of a Rape Case. New sections are:
14.04[5] Duration of Request for Counsel, and 14.08[2][e] Failure to Advise Client of Deportation Consequence of Guilty Plea.

Annual Survey of Am Law 200 Librarians Shows They Are Surviving Layoffs and Cost-Cutting

2010-07-25T19:39:00.000-04:00

The new survey of Am Law 200 Librarians from law.com shows that although they have been hit with layoffs and cost-cutting, they are surviving the storm with savvy business practices. These librarians are buying less print, playing tough with print and online vendors of all sizes, taking advantage of free in-house vendor-training sessions to perform otherwise costly research, and working leaner on smaller budgets. The good news is that their duties are expanding to include business development research, which will continue to make them indispensable to their law firms. Click here for a good summary of the survey results.

From Cleveland Law Library Blog

Ohio Criminal Justice Reforms Take Effect on July 6th

2010-07-05T16:46:00.004-04:00

A landmark number of sweeping criminal justice reforms contained in Ohio SB 77 take effect next week on July 6, 2010. According to the Governor's office, this bill "expands DNA testing for certain convicted felons, eliminates DNA testing for felons who pleaded guilty or no contest, preserves biological evidence in criminal proceeding and improves eyewitness identification procedures." Amogn other changes, the bill specifically requires anyone 18 or older who is arrested for a felony offense after 7/1/11 to submit to a DNA collection procedure. The bill also requires law enforcement agencies to adopt specific procedures regarding live and photo lineups. The new law also specifies what types of biological evidence (including blood, saliva and hair) must be preserved for up to 30 years in killings and sexual assaults. Click here to read a recent article from Cincinnati.com with pros and cons about the bill.

From: Cleveland Law Library Weblog

State Environmental Compliance Doesn't Have to Be Difficult

2010-06-22T20:10:00.008-04:00

Now available in the Wayne County Law Library (Section A-15)

Environmental Compliance in OH provides expert analysis of Ohio's environmental regulations, along with comparisons between federal and state environmental protection agency regulations. Every key 40 CFR topic is available.

Lawyer Judgement Often Wrong. Scholars Explain Why.

2010-06-04T17:12:00.001-04:00

If you're a lawyer, predicting the outcome of a case is an important part of your job. It helps you advise your client, decide what strategy to employ, know when to settle, etc. But—guess what?—lawyers aren't so good at evaluating those odds, according to a new paper published in Psychology, Public Policy, and Law. Read more at http://tinyurl.com/2dhz46s

Advising Small Businesses 2010 Updates

2010-05-21T15:39:00.003-04:00

These chapters have been revised for 2010 --

Chapter 17: Private Placements and Limited Offerings of Securities ... exemptions from registration that may be available for private placements or limited offerings of securities.
Chapter 24: Operating in Other States: ... new and revised sections on change in the state of the organization, qualified foreign entities, due process and the commerce clause as it pertains to state taxation of nonresident business.
Chapter 34: Patents ... new and revised sections on judicial exceptions to statutory classes, limitations on remedies - notice and marking, limitations of patent rights discussing patent exhaustion and ownership assignments and licensing.
Chapter 46: Structuring the Business Sale: Tax issues ... discusses the tax consequences of bootstrap sales, the manner in which the sales price for a business is paid, the tax treatment of business acquisition costs the taxation of earnings on any funds escrowed in connection with a business sale

Powell on Real Property, Release 130, March 2010

2010-05-10T10:33:00.003-04:00

Highlights of the lastest release (130) include:

Top Cases (Chapter Top 2009, vol. 1)
Powell in the Courts (Chapter pc2009, vol. 1)
Eminent Domain (Updates to Chapter 79F)
New HUD Booklet for Compliance with RESPA (vol. 1, practice guide 3)
Updated discussion of residency restrictions for sex offenders (Sec. 79D.07[2][h])
The second in the Wolf Family Lecture Series on the American Law of Real Property on THE RIGHT TO EXCLUDE by Professor Gregory S. Alexander.

Practical Guide to Equal Employment Opportunity: Release 44

2010-05-03T09:06:00.003-04:00

The Law Library has filed the latest release to this publication. Highlights include information on Title II of the Genetic Information Nondiscrimination Act (GINA), which has recently taken effect and makes it illegal to discriminate against employees or applicants because of their genetic information. Release 44 also covers recent case law developments on significant issues such as:

Denial of FMLA leave
Hiring standards
Discriminatory failure to promote
"Cat's paw" theory in discriminatory discharge cases
Gender Stereotyping claims
Retaliatory acts
Mandatory retirement for public safety officers
Same-sex harassment
Medical examinations under ADA
Affirmative action plans

Pro Se Litigants Guide for Preparing Appeals to Supreme Court of Ohio

2010-03-30T22:23:00.002-04:00

Filing an Appeal in the Supreme Court: a pro se Guide has been published (2010) as a guide for litigants preparing appeals from one of Ohio Court of Appeals.

Survey on Law Library Resouces Boards

2010-02-19T11:08:00.005-05:00

The Ohio Law Library Consortium has published the results of a survey conducted in January 2010 related to the state of Ohio's county law libraries and the transition to County Law Library Resources Boards.

Law Library Becomes County Agency

2010-01-04T19:51:00.001-05:00

Pursuant to House Bill 420 which was signed into law by the Governor on December 30, 2008 , the Wayne County Law Library became a Wayne County Agency on January 1, 2010 . The Revised Code governing the new county law library structure can be found at http://codes.ohio.gov/orc/307.51

Google Scholar Offers Free Case Law Searches

2009-11-20T18:06:00.004-05:00

Google Scholar now offers access to federal and state case law, searchable by topic or party, including the ability to view how other cases and commentators have cited the case retrieved.

Full details are available at the Google Scholar Blog. Legal scholars now have another alternative to Westlaw or Lexis services.

HeinOnline Available to Members

2009-10-21T15:22:00.003-04:00

HeinOnline is available to members of the Wayne County Law Library Association. Our Core subscription to HeinOnline includes such valuable collections as: Legal Classics, Law Journal Library, U.S. Supreme Court Library, U.S. Federal Legislative History Library, Treaties and Agreements Library and much more! Also available in HeinOnline, are several unique a-la-carte collections, including: U.S. Congressional Documents, Foreign & International Law Resources Database, World Trials, Session Laws and many more. Contact the law librarian for information on access from home or office.

Sheriff Thomas Maurer Launches Blog

2009-10-12T11:57:00.005-04:00

Wayne County Sheriff Thomas Maurer has posted his personal blog to inform the community of developments in the Sheriff's Department. The blog has had been viewed nearly 5,000 times since it first appeared in September.

Wayne County Law Library in the News

2009-09-24T20:19:00.006-04:00

In July the Daily-Record reported on the reorganization of the Wayne County Law Library. Since then Bill Weiss was hired as the Law Librarian and Corey Spitler was named as the representative from the Court of Common Pleas Court to the new library board. Check in at the Law Library Blog for continuing news on the mandated changes to the Law Library and its governing board.

New Library Board Meeting

2009-08-18T18:09:00.005-04:00

The new Wayne County Library Resources Board will meet at the law library on Friday, August 21.