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WSLL @ Your Service January 2025

Presidential records, presidential transition, and the law - Daphne Goldfinch

January 2025 brings the start of a new presidential term, and with it the presidential transition. This complex series of events began back in November of 2023 and will continue into the beginning of the president-elect’s term, involving almost all federal agencies and personnel. The moment the incumbent president steps down, NARA (The U.S. National Archives and Records Administration), becomes the keeper of thousands of presidential records created by the incumbent president and his staff. (Fn1) During the presidential transition, NARA and White House Counsel collaborate to ensure the preservation of these records in accordance with federal regulation. (Fn2)

Which government officials and agencies create presidential records (rather than federal records) is determined by the Presidential Records Act (PRA), 44 U.S.C. §§2201-2207, first enacted in 1978. This act applies to all records created after January 20, 1981 and states that "The United States shall reserve and retain complete ownership, possession, and control of Presidential records," and provides legal guidelines for the retention, preservation, disposal, and access of these valuable records. Prior to this act, ownership of presidential records were retained by the president himself, even after his term had finished. (Fn3) Records created during presidential transition by the president-elect and his team are not considered presidential records - not until he formally takes office. However, if documents created during the transition period and before inauguration are used after the president takes office, they may be considered presidential records. (Fn4)

CRS report graph

Graph excerpted from: Meghan M. Stuessy, Congressional Research service, IG10060, The Creation of Presidential Records (2024).

Presidential records present archivists, historians, and legal scholars with a unique challenge. Not only has the type of document prevalent in presidential records changed dramatically over the last few decades, but the change to digitally-born electronic documentation has inspired discussions about the preservation and public access to presidential records.  

If you’d like to join the discussion and learn more about how social media has affected how we understand presidential (and federal) records and the law, take a look at these articles:

Alex Hadjian, Social Media and the Government: Why It May Be Unconstitutional for Government Officials to Moderate Their Social Media, 51 LOY. L. A. L. REV. 361 (2018).

Emily Cohen, Communication with Public Officials in the Modern Age of Social Media: Does It Violate the First Amendment When Public Officials Block Private Individuals from Their Social Media Pages?, 19 DUKE J. CONST. L. & PUB. POL'y SIDEBAR 1 (2024).

Gabriel M.A. Elorreaga, Don't Delete That Tweet: Federal and Presidential Records in the Age of Social Media, 50 ST. MARY's L.J. 483 (2019),

Jessica de Perio Wittman, A Trend You Can't Ignore: Social Media as Government Records and Its Impact on the Interpretation of the Law, 31 ALB. L.J. SCI. & TECH. 53 (2021),

Jessica L. Roberts, #280 Characters of Legal Trouble: Trump, Twitter, and the Presidential Records Act, 2019 U. ILL. J.L. TECH. & POL'y 489 (Fall 2019).

Kimberly Breedon, Pandemics, Public Trust, and Presidential Records: Amending the Presidential Records Act to Minimize the Risk of Public Corruption during Times of National Crisis, 67 WAYNE L. REV. 1 (Spring 2021).

Lindsey Wilkerson, Out of 'Site: Can Government Officials Block Their Constituents on Social Media?, 85 MO. L. REV. 903 (Summer 2020).

Footnotes

Fn1 Meghan M. Steussy, Cong. Rsch. Serv., R46129, the Presidential Records Act: An Overview (2023).

Fn2 Sarah Lamdan & Janet Peros, Breaking down the Presidential Records Act: What It Is and Why Law Librarians Should Care, 23 AALL Spectrum 47 (July/August 2019). 

Fn3 Jen Kirk, Presidential Records & Materials, Utah State University Library Faculty & Staff Presentations (2021).

Fn4 Meghan M. Steussy, Cong. Rsch. Serv., R46129, the Presidential Records Act: An Overview (2023).

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After Hours Library Use

It's a great time to sign up for After Hours library access for 2025! The Wisconsin State Law Library offers After Hours subscription access to the Lavinia Goodell State Law Library to any attorney licensed to practice in this state. After Hours Service includes the hours of 7:00 to 8:30 a.m. and 4:30 to 10:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. Saturday and Sunday, including holidays.

Subscribers have access to the library's print and microform materials, public access computer stations and Wi-Fi. Subscribers may make photocopies, use the public scanner to email documents, and check out library materials after hours.

After Hours Service is offered on a calendar year subscription basis. Each attorney must maintain their own individual subscription. Current subscribers may renew (with an existing key fob) for $100 or sign up for new access for $108.

Renew or subscribe online, or complete an After Hours Service first-time subscription or renewal application form and mail it with a check or money order payable to Wisconsin State Law Library, to:

After Hours Service
Wisconsin State Law Library
P.O. Box 7881
Madison, WI 53707-7881

For more information, contact Jaden Henneman at 608-261-7553 or at Jaden.Henneman@wicourts.gov.

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New Books - Chris Schroeder

book cover

New Edition: Nolo's essential guide to divorce, by Emily Doskow
Call number: KF 535 .Z9 D67 2024

Nolo's Essential Guide to Divorce is a practical resource for anyone navigating the difficult divorce process. With advice on minimizing conflict, managing legal costs, and avoiding lengthy court battles, this guide helps readers understand their rights and options in areas like child custody, alimony, and property division. It offers invaluable insights on how to stay calm, make informed decisions, and work effectively with lawyers or mediators. It's an essential tool for those seeking a smoother, more affordable path through divorce.

Topics include:

  • Understand your rights during separation
  • Work with mediators and divorce lawyers
  • Child support and custody
  • Alimony
  • Property division

book cover

New Edition: Wisconsin governmental claims and immunities handbook, by Finkelmeyer, Johnson, Sloan-Lattis, Regan, Ress, and Vandlik
Call number: KFW 2599 .G6 W57 2024

The Wisconsin Governmental Claims and Immunities Handbook is an essential guide for navigating governmental tort litigation, offering clear explanations of immunity statutes and the procedures for filing claims against state and federal entities. Written by experienced practitioners, it covers topics like sovereign immunity, recreational immunity, and the Federal Tort Claims Act, making it a helpful resource for both plaintiffs and government attorneys. This handbook ensures that legal professionals can confidently tackle complex governmental claims with a thorough understanding of the relevant laws and requirements.
Topics include:

  • Absolute and qualified immunity
  • Local government immunities
  • Recreational immunities
  • Notice procedures
  • Federal tort claims act

 

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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Tech Tip - Heidi Yelk

"About this Image" Ways to find more information about photos online

To help web users learn more about images they see online, Google Image search provides "about this image," a summary of how long an image has been on the web and the websites where it has been used.

For example, a search for "St. Raphaels Cathedral Wisconsin" shows various images of the structure, including photographs of the fire which destroyed the building in 2005. Clicking on an image will bring up a window to the right that displays the image and related images, as well as a three dot menu which includes the link to learn more "about this image."

image search example

To learn more from Google, see the Google Blog - 3 new ways to check images and sources online.

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Library News - Carol Hassler

State Holiday Closure

All three libraries will be closed on Monday, January 20, 2025 for the Martin Luther King Jr. state holiday. While we are closed, please send questions to wsll.ref@wicourts.gov or leave a voicemail at 608-267-9696. We will respond to requests the following day.

Wild Wisconsin Winter Web Conference

Join librarian Carol Hassler for a lightning roundup of online and print sources that can be used to answer common legal research questions, during the Wild Wisconsin Winter Web Conference. Her session, Legal Reference: Sources and Strategies, takes place on Wednesday, January 22 at 2:30 p.m. Registration is free! The conference is offered online with Zoom, and sessions will be recorded.

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January Snapshot

Titletown winter skating and sledding

Winter in Titletown

Skating and tubing in the shadow of Lambeau Field is a treat on Packer game day or any day - weather permitting. For information, hours and operation status, see Know Before you Snow.

We are accepting snapshots! Do you have a photo highlighting libraries, attractions or points of historical interest? Send your photo the editor at carol.hassler@wicourts.gov to be included in a future issue.

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