WSLL @ Your Service November 2016
What's New - Kristina Martinez
Renaming Event: Honoring Justice Prosser
The Wisconsin State Law Library's downtown location was named the David T. Prosser Jr. State Law Library in a ceremony on Wednesday, October 19th. The event honored Prosser's 40 years of public service on the Tax Appeals Commission, Legislature, and the Supreme Court prior to his retirement in July of 2016.
The library was also recognized for its 180 years of service to the State of Wisconsin. "Some have called law libraries 'the lawyer's laboratory.' It is a lawyer's laboratory because lawyers and judges and others do investigative work here - just as a chemist may do investigative work in her laboratory," Chief Justice Roggensack said in a press release issued by the Wisconsin Court System.
The library is proud to continue to provide our professional expertise and outstanding collection to legal researchers throughout Wisconsin. Our three library locations in Madison and Milwaukee serve users through email and phone, as well as in person. All of our libraries are open to the public. Stop on by, give us a call, or send us an email.
K9 Visit at WSLL
Corporal Chad Navarre & K9 Yachi (pictured above) visited WSLL on October 3rd. Staff of the library learned about Yachi's service to the city and the state. She was trained at Auburn University for vapor wake detection. You can learn more about Auburn University's Canine Performance Sciences Program from The New York Times article, “Puppies Go to Prison to Become Dogs That Save Lives.”
All three library locations will be closed on Thanksgiving, Thursday, November 24th. The Dane County Law Library will remain closed on Friday, November 25th. Milwaukee County Law Library and the David T. Prosser Jr. State Law Library will be open on Friday, November 25th. Call the Reference Desk at 608-267-9696 and leave a voicemail, or Ask a Librarian online while we are closed. We will respond to you the next business day.
This Just In - Pete Boll
A corner-stone of any successful trial is effective discovery using tools such as depositions. They can be used to frame trial issues, develop favorable evidence, and neutralize unfavorable evidence. Mastering the Art of Depositions provides practical advice for both beginning lawyers and seasoned trial attorneys on how to take and use depositions for maximum advantage. This book also explores differing techniques for lawyers on both sides of the bar, and will specifically consider techniques that can be used when deposing hostile or adverse witnesses, expert witnesses, and lay witnesses. Lastly, this book presents “best practices” for preparing and presenting client representatives and testifying experts for deposition, and the effective use of objections during depositions.
Just published is the latest update to this two volume concise version of the full 11-volume classic Securities Regulation. Highlights of new legislative, regulatory, and case law developments include:
- Commission's adoption of Item 402(u) of the Regulation S-K to require pay ratio disclosure for corporate chief executive officers as required by §953(b) of the Dodd-Frank Act
- SEC's adoption of new detailed crowdfunding rules in Regulation Crowdfunding
- The Department of Labor's adoption of a final fiduciary rule under ERISA
including new definitions of investment advice and fiduciary and related exemptions. Several lawsuits have been filed challenging the new rule
- History and discussion behind the Department of Justice's revised Chapter of the United States Attorneys' Manual, Principles of Federal Prosecution of Business Organizations (2015)
- Merrill Lynch, Pierce, Fenner & Smith , Inc. v. Manning, in which the Supreme Court clarified the relationship of §27 and its federal securities law counterparts to state law
See our latest New Titles list for a list of new books and other resources.
For assistance in accessing these or other resources, please contact our Reference Desk.
Tech Tip - Heidi Yelk
Hidden Gem on the Legislature's Website
Most legal researchers are already aware of the extensive data trove offered on the Wisconsin State Legislature's website. But there's more to the databases than meets the eye. A somewhat hidden gem on the Legislature's document site is the left mouse “context menu” (or pop-up) available when browsing statutes and administrative code in HTML format. This includes all statutes from 1995 forward.
You can force the context menu to appear by clicking the question mark icon, to the left of the statutes. Use the left mouse button.
As shown in the image to the right, the context menu provides many options to enhance the usability of the statutes.
- users can jump immediately to the proper page in the PDF view (saves time)
- get a permanent link to the section (useful if including the link in a legal memo)
- generate a display showing just the language of the section or subsection (great for presentations)
- link to the 1970 annotations book (necessary for research)
The question mark icon moves on the screen and can be hard to control with the mouse. For best results, float the cursor over the statute number or subsection number. Do not place your cursor in the white space to the left. The icon will move as you move the cursor from number to number.
WSLL Recommends: Information for consumers on reverse mortgage - Heidi Yelk
Get the facts (and law) on reverse mortgage loans. A reverse mortgage is a home loan that lets you convert a portion of the equity in your home into cash. "The only reverse mortgage insured by the U.S. Federal Government is called a Home Equity Conversion Mortgage or HECM, and is only available through an FHA approved lender." (see: Home Equity Conversion Mortgages for Seniors)
- Consumer information on reverse mortgages (Federal Trade Commission)
- Reverse mortgage questions & answers (Consumer Financial Protection Bureau)
- Considering a reverse mortgage? (Consumer Financial Protection Bureau)
- Types of reverse mortgages (Consumer Financial Protection Bureau)
- Frequently asked questions about HUD's reverse mortgages
- Reverse mortgages; 2012 report to Congress (Consumer Financial Protection Bureau)
Contains extensive information on the history, market and regulatory structure of reverse mortgage loans.
Library books and resources
- Elder Law - 18 Wisconsin Practice Series § 12:39 Reverse Mortgages (West Publishing)
- Advising Older Clients and Their Families - § 7.80 Reverse Mortgages (State Bar of Wisconsin)
- "Reversing Course: Strengthening Consumer Protections for Reverse Mortgages" 23 Elder Law Journal 417 (2016)
- Wisconsin Statute s.138.058 "Reverse mortgage loans"
- Reverse Mortgage Stabilization Act, Public Law. 113-29
- Insurance of home equity conversion mortgages for elderly homeowners 12 U.S.C § 1715z-20
- Consumer Credit Disclosure - Reverse Mortgage 15 U.S.C. § 1648
- Proposed Federal Regulations: FR-5353-P-01 Federal Housing Administration (FHA): Strengthening the Home Equity Conversion Mortgage Program
Odds 'n' Endings - Flu Shots and the Law - Carol Hassler
We are asked this time of year whether employees are required to get flu vaccines. This short list of links is intended to help you begin your research.
Wisconsin laws & legislation on human vaccination
Recent subject indexes to legislation show bills relating to vaccination that have not passed to become law.
Mandatory flu shots in the workplace
- OSHA letter from 2009 on mandatory flu shots
- EEOC letter form March 2012 on mandatory flu shots
- EEOC letter from December 2012 on mandatory flu shots
- Pandemic preparedness in the workplace and the Americans with Disabilities Act (EEOC)
Information about what an employer can require, presented in a question and answer format.
- Vaccinating the health-care workforce: state law vs. institutional requirements (2010 Public Health Reports 125(4) pp. 615-618)
Vaccination resources for businesses and employees
- Flu information for businesses and employers (CDC)
- Make it your business to fight the flu (CDC)
- Planning for seasonal and pandemic flu: guides for employers (Flu.gov)
- Flu information for health care workers (CDC)
- Flu information for health professionals (Flu.gov)
- Reducing healthcare workers' exposures to seasonal flu virus (OSHA)