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WSLL @ Your Service January 2013

What's New – Connie Von Der Heide

Devin RogersIntroducing our new Cataloger

WSLL is very pleased and excited to announce that Devin Rogers has accepted the position of Cataloger. Devin's not new to our staff - she started here as a part time shelver & circulation assistant in June 2008 and was selected as a full time Library Assistant in August 2009. While in that position she enrolled in the Master's degree program at the UW-Madison School of Library & Information Studies, from which she graduated in August 2012. Devin and her husband, Jordan, both hail from New York State, but they've adopted Wisconsin as their second home. In fact, they recently put down more solid roots here and are enjoying being first-time homeowners. "Congratulations and welcome back," Devin!

DCLRC now distributes TRO forms

As of December 10, 2012, the process of filing a petition for a temporary restraining order (TRO) in Dane County now begins at the Dane County Legal Resource Center, located in Room L1007 on the lower level of the Dane County Courthouse. The DCLRC now distributes packets of TRO forms and information formerly available at the office of the Dane County Probate Court. The packets continue to be distributed at no charge. Self-represented litigants who want assistance with completing TRO forms or basic information about the restraining order process may visit the free, walk-in Dane County Restraining Order Clinic, located in the courthouse and staffed by students of the University of Wisconsin Law School. For the Restraining Order Clinic's days and hours of operation see the current schedule for all Dane County legal assistance clinics, or contact the DCLRC at 608-266-6316.

New Year's Resolutions – May we suggest a few?

If you're a maker of New Year's resolutions, we hope you'll include these on your 2013 list!

  1. Visit WSLL, MLRC or DCLRC, or our web site - whichever's most convenient – to learn about the materials and services we provide.
  2. If you're eligible for a State Law Library borrower card, get one! It's free, and it's good for more than just checking out library materials. (See 1. above)
  3. Renew your WSLL After Hours Service subscription or start a new one. After Hours users may access WSLL till 10pm Monday through Friday and 8am - 6pm on weekends – and that includes access to all the online research tools available on our public computers. After Hours subscriptions run on the calendar year, so you'll get the most value by acting now.
  4. Clean out your book and movie shelves, and donate any legal fiction titles you no longer want to the WSLL Prose & Cons collection.
  5. Sign up to receive our monthly newsletter. Chances are you're already on our e-mail list. If so, we hope you'll forward our newsletter to a friend or colleague so they can read it and sign up, too! If not, we'd be delighted to add you. Just contact us with your name and email address.
  6. Attend our CLE classes to become more familiar with legal research tools or learn some new tech tips. To find out what's being offered, visit our Classes web page.

Closed for Holiday

WSLL, MLRC and DCLRC will all be closed on Monday, January 21 in observance of the Martin Luther King, Jr. state holiday. Our website is available 24/7, and you may submit a reference question or document delivery request by going to our Ask a Librarian page.

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This Just In… – Pete Boll

New Edition! Opening Statements: Winning in the Beginning by Winning the Beginning, 2012-2013 edition, by Dominic Gianna and Lisa Marcy.
West Publishing, 2012.
WSLL Call Number KF 8923 .O74 2012-2013

Now in an easier to read format, the new edition of this text covers 21st century advocacy and persuasion with an emphasis on winning through powerful and persuasive opening statements. Covering the art of story creation and theme building, the authors teach trial lawyers to develop opening statements that persuade today's multigenerational juries. They explain the concepts of pre-decisional and evidentiary bias, provide critical do's and don'ts, and suggest how to deliver jury-oriented openings. An appendix of eleven Great Opening Statements illustrates the various principles espoused in this latest edition.

Updated! Gilson on Trademarks, by Anne Gilson Lalonde.
Matthew Bender LexisNexis, 2012.
WSLL Call Number KF 3180 .G54

Updated three times a year, this ten-volume, comprehensive treatise surveys U.S. trademark law and provides practical guidance for the trademark practioner. WSLL just recently repurchased the entire set, so it's not only up to date through the latest release in Sept. 2012 but also features brand new binders. The first three volumes contain extensive case analyses and practice tips on issues including trademark clearance, infringement, counterfeiting, nontraditional trademarks, trade dress, dilution, cybersquatting, jurisdiction, and remedies available in trademark law. Volumes 4 and 5 contain a wide variety of forms used in the day-to-day practice of trademark law, complete with detailed guides and checklists. Among the materials in volume 6 are the Lanham Act as amended, the U.S. Patent & Trademark Office's (USPTO) Trademark Rules of Practice, USPTO Exam Guides, and a wide-ranging appendix of both general and specialized dictionaries as well as other lexical sources. Extensive legislative history fills volumes 7 through 10, and rounding out the set are three accompanying USPTO reference guides: the Trademark Manual of Examining Procedure (TMEP), the Trademark Trial and Appeal Board Manual of Procedure (TBMP), and the Acceptable Identification of Goods and Services Manual (ID Manual).

New Titles RSS Feed
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.

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Start Here: Selected Resources on Workplace Safety Law – Amy Crowder

This installment in our ongoing series of topic-based pathfinders focuses on a specific area of employment law.

Start Here Guides

Agricultural Animal Law
Credit / Debt
Employment Law
Estate Planning
Foreclosure Guide
Landlord / Tenant
Library Services
Product Liability
Workplace Safety
Tax Law

During 1970, an estimated 14,000 workers were killed on the job. On December 29th of that year the federal Occupational Safety and Health Act was signed into law, which created the Occupational Safety and Health Administration (OSHA) for the purpose of establishing and enforcing workplace safety standards. Since then, "workplace fatalities have been reduced by more than 65 percent" while at the same time U.S. employment has almost doubled.

When researching this area of the law, keep in mind the following OSHA compliance and workplace safety materials available here at the Wisconsin State Law Library and, in some cases, also on the web.

Primary Law

Code of Federal Regulations, 29 pts. 1900-1999, Occupational Safety and Health Administration, Department of Labor
KF70.A3 Title 29
Internet & Hein Online

U.S. Code Title 29 USC 651-678 "Occupational Safety and Health
Internet & HeinOnline

Occupational Safety & Health Review Commission Decisions
Final Administrative Law Judge Decisions 1993-
Final Commission Decisions 1972-

Wisconsin Statute Chapter 101 "Department of Safety and Professional Services -- Regulation of Industry, Buildings and Safety"
Wisconsin titleKFW2430 .A43

Start Here: Workplace SafetyBooks

Developing Labor Law
KF3369 .D48 2012
2 volumes, 6th ed.; published by Bloomberg BNA (2012)

Employer's Legal Handbook
KF3455.Z9 S76 2009
374 pages, 9th ed.; published by Nolo (2009)

Employment in Wisconsin: a Guide to Employment Laws, Regulations and Practices
Wisconsin titleKFW2734.S28 E43
1 volume, 3rd ed.; published by Lexis (updated semiannually)

Employment Law in a Nutshell
KF3455.Z9 C68 2009
567 pages, 3rd ed.; published by Thomson Reuters West Publishing (2009)

Employment Law Manual for Wisconsin Employers
Wisconsin titleKFW2734.W5 E46
2 volumes; published by Krukowski & Costello (updated annually)

Employment Coordinator
KF3315 .E46 (Vol. 14 & 15)
17 volumes; published by Thomson Reuters West Publishing (updated monthly)

Investigating Employee Conduct
William E. Hartsfield
2 volumes; published by Thomson Reuters West Publishing (updated semiannually)

Labor and Employment Arbitration
KF3424 .L32
2 volumes; published by Lexis (updated semiannually)

Legal Guide to Human Resources
KF3319 .P472
2 volumes; published by Thomson Reuters West Publishing (updated semiannually)

Occupational Safety and Health Act
Roscoe B. Hogan and R. Ben Hogan, III
5 volumes; published by Lexis (updated periodically)

Practice Under the Occupational Safety and Health Act
KF1384.B8 no. 9-4th
Darren J. Hunter
1 volume, 4th ed.; published by Bloomberg BNA (updated periodically)

Your Rights in the Workplace
KF3455.Z9 R47 2010
Barbara Repa
543 pages, 9th ed.; published by Nolo (2010)

Truck Accident Litigation
KF2265.A75 T77 2012
604 pages, 3rd ed.; published by American Bar Association (2012)

West's Federal Administrative Practice
KF8840 .V622 V. 3 (Part 6)
Steven W. Feldman
4th ed.; published by Thomson Reuters West Publishing (updated annually)

Wisconsin Employment Law
Wisconsin titleKFW2734 .W574
Bradden C. Backer
3 volumes, 4th ed.; published by State Bar of Wisconsin (updated annually)

Wisconsin Safe Place Law
Wisconsin titleKFW2596.3.B8 B6 1980
Howard H. Boyle, Jr.
427 pages, Revised ed.; published by Hammersmith-Breithaupt Print. Corp. (1980)


Professional Safety
American Society of Safety Engineers
BadgerLink: MasterFile Premier
Volume 40 (1995)-

Government Documents

KF3568 .O78 (Media Shelf)
Published by OSHA (updated 4 times a year)

Occupational Safety & Health Administration Publications
Brochures, booklets, fact sheets, posters, QuickFacts and QuickCards concerning safety in the workplace.

OSHA Technical Manual
The purpose of the manual is to assist OSHA Compliance Safety and Health Officers in hazard recognition and to provide guidance in accident prevention.

Internet Resources

Visit the Wisconsin State Law Library's Legal Topics Page on OSHA & Workplace Safety to access primary law, agency and organization websites, and other resources.

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Tech Tip in Brief – Heidi Yelk

A New Time Management Helper

If better time management is among your New Year's resolutions, you might be interested in a free computer download called Free Alarm Clock by Comfort Software Group. Designed for Windows operating systems, this alarm clock adds functionality beyond that of your PC's built in clock. Even better, the intuitive, simple design makes it easy to use from the start.

You simply choose a time for the alarm; indicate whether this is a recurring event (the default is weekly); choose a name for the event; and choose an alarm sound (e.g., bells or bird calls). It's very easy to add multiple alarms and edit or delete alarms as needed. It also has a snooze feature. Beware that the default alarm volume level is 100% - so you might need to change the volume level for each alarm you set.

Free Alarm Clock has received positive reviews from CNET and can be downloaded either from there or from the developer's page.

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WSLL Recommends: The Law of Computer Technology

With a title like The Law of Computer Technology: Rights, Licenses, Liabilities, extensive coverage of software development, contracts, liabilities, and licensing is unsurprising. What may surprise some users of this set is the information throughout that can be applied to ordinary business or end-user technology concerns.
Law of Computer Technology
This four volume set is organized into three broad sections:

  • Intellectual property issues
  • Transactional issues
  • Contemporary information issues

The intellectual property issues section spans the first two volumes and covers typical issues of concern to a software business. Software copyright, patents, trade secrets, and ownership are discussed in depth. Domain name ownership and the related issues of cybersquatting, infringing content, and domain protection are of interest to the average business owner looking to set up or protect their online identity.

The transactional issues section is useful for businesses with both a deep history of software sales and those looking to start up a new enterprise. Learn about standards for contracts and end user license enforcement. Find guidance for service, programmer, or consultant contracts. This section covers popular issues in the news, like the rule of first sale, and ownership of free or open source software.

Further contemporary issues are covered in the third section, including online defamation, spam, spyware, and threats. Uploading, downloading, and content sharing are examined in the context of copyright law. An overview is provided of different types of computer crimes, as well as jurisdiction over websites and individuals.

Each chapter includes detailed case, article, and treatise references for further research.

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Odds 'n' Endings – Julie Tessmer

Wisconsin StatutesThe Wisconsin Statutes – "My, How You've Grown!"

The 2011-12 Wisconsin Statutes have just been published, and for the first time ever it numbers no less than six volumes. The very first compilation of Wisconsin statutes was published in a single, standard size volume, Revised Statutes of 1839 [Territorial]. From 1871 all the way to 1975-1976, publishing alternated irregularly between one very thick, cumbersome volume or two more manageable ones. 1977-1978 saw the first 3-volume set, and subsequent editions remained that size until 1993-1994 when it jumped from three to five volumes. Eighteen years and 9 editions later, a sixth volume is now required. Anyone want to make a prediction as to when we'll see a seventh?!

Notables for January

1 – Happy New Year!

21 - WSLL, MLRC and DCLRC will be closed that Monday, in observance of the Martin Luther King, Jr. state holiday.

Judge Learned Hand27 - Judge Billings Learned Hand (pictured right) was born in 1872 in Albany, New York (and died Aug. 18, 1961). Judge Hand served for over 50 years, first on the U.S. District Court for the Southern District of New York and later on the U.S. Court of Appeals for the Second District. Considered by many to be one of the great judicial philosophers of his time, Judge Hand has been called a pioneer of modern statutory interpretation and is also remembered for his love of the English language – so much that his opinions were often referred to as "legal literature." It's also said that he's been quoted by both legal scholars and the U.S. Supreme Court more than any other lower-court judge. A few favorites:

  • "Words are not pebbles in alien juxtaposition; they have only a communal existence…." NLRB v. Federbush Co., 121 F.2d 954, 957 (2d Cir. 1941)
  • "We may win when we lose, if we have done what we can; for by so doing we have made real at least some part of that finished product in whose fabrication we are most concerned: ourselves." A Fanfare for Prometheus: Civil Liberties and Human Rights (speech delivered at the 48th annual meeting dinner of the American Jewish Committee, New York City, January 29, 1955)

To learn more, check out Learned Hand: the man and the judge by Gerald Gunther.

Image source: Judge Learned Hand, circa 1910, Wikimedia Commons

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