Wondering how to determine what study aids are available in the library? Consult this amazing walk-through, created by our Circulation Assistant, Erica Tyler, to learn more about accessing the catalog from the Charlotte Law website, using availability and format to limit your results, determining the location and status of the materials you’re looking for, and even identifying older versions of study aids that allow you longer check-out times.
Category Archives: collection
Lee’s North Carolina Family Law (“Lee’s”) is a valuable secondary source for researching a family law issue. Lee’s is a treatise bound in a grayish-green cover, organized into a three-volume set. It can be found in the “Carolinas” section at the Charlotte School of Law Library with the Library of Congress call number KFN7494.L43 (using the search term “family law north carolina” in the Library’s catalog gets you here).
The library’s current copy of Lee’s is the Fifth Edition, published in 1993 by the Miche Company, in Charlottesville, Virginia. However, Lee’s is kept up-to-date by yearly pocket parts that are located in the back of each volume, to ensure that the researcher has access to the most current rule of law and annotations.
The three-volume set is organized in such a way that pre-marriage – marriage – post marriage situations occur in reality, making it an easy source to navigate even without an advanced knowledge of the law. Moreover, the volumes consistently flow from one to another, so that there is no confusion between Chapter or Section numbers within each volume. For example, in the First Volume, there are five main Chapters, while the Second Volume starts with “Chapter 6” to continue the flow of the organization between the volumes. Additionally, each volume contains a Summary Table of Contents that lists the topics covered throughout the volume by Chapter, as well as a detailed Table of Contents that separates information under each Chapter by Section that then further narrows to multiple Subsections. The comprehensive Table of Contents provides an excellent tool to help researchers navigate through specific and relevant legal issues.
The treatise also contains a variety of other finding tools to help a researcher efficiently retrieve information. Each volume contains an index that lists all the relevant terms within that volume and directs a researcher to the relevant sections within the book. Furthermore, Lee’s contains two other valuable finding tools located in the back of each volume, a “Table of Cases” and “Table of Authorities.” These contain lists of relevant cases, organized alphabetically, and a list of all the pertinent North Carolina statutes referenced within the treatise.
One of the most helpful finding tools within the treatise are the annotations at the bottom of almost every page, which direct the researcher to the legal authority (both primary and other secondary) for the rules of law discussed in the treatise.
The following illustration demonstrates how one can use Lee’s to help efficiently and effectively research an issue:
You have recently opened your own general law practice, and one of your first clients comes to you with questions regarding what options she has in her current marriage situation. She separated from her husband and moved into her own apartment in March 2012, and although the couple tried to reconcile the relationship a few times since then (as late as this past February), she has decided that she is done with the marriage and wants a divorce. After conducting the rest of the client interview, you assure her that you will be in touch shortly with answers, and immediately get to work.
Because you are only vaguely familiar with family law, you decide to start with Lee’s North Carolina Family Law because as a treatise it provides a general overview of the law, as well as a detailed Table of Contents to accurately guide you through the relevant information. You decide to start in the Second Volume under “Chapter 7 – Absolute Divorce” because your client wants to divorce her husband.
As you scroll through the very detailed Subsections listed below each Section in the Table of Contents, you come across “Divorce Based on Separation: Elements and Defenses” and decide to start there. Under that Section, the Table of Contents further subdivides to such subtopics as “Residence” or “Resuming the Marital Relationship”. These subtopics help a researcher narrow the legal issue. After reading through the relevant sections pertaining to your client’s divorce situation, you are confident that you have completed all the necessary research to satisfy your client’s concerns.
The demonstration above shows the value of Lee’s North Carolina Family Law as a secondary resource in which to effectively and efficiently research a legal issue. Because everyone does not have access to treatises, either in print or by subscription, free internet resources about family law, such as the Rosen Law Firm, are available for a general understanding of Family Law in North Carolina.
~ Brittany Tidd, Class of 2013 ~
You asked and we listened!
We have new upper level study aids available for check-out in the library. These are some of the new arrivals that can be borrowed for 3 days or 3 hours.
- Administrative Law: Examples & Explanations (2012)
- Business Associations: Questions & Answers (2011)
- Civil Procedure: Examples & Explanations (2013)
- The Glannon Guide to Civil Procedure (2013)
- Understanding: Conflict of Laws (2013)
- Secured Transactions: Examples & Explanations (2011)
- Payment Systems: Examples & Explanations (2013)
- Questions & Answers: Secured Transaction (2011)
- Contracts: Examples & Explanations (2013)
- Constitutional Law National Power and Federalism: Examples & Explanations (2013)
- Constitutional Law Individual Rights: Examples & Explanations (2013)
- Questions & Answers: The First Amendment (2010)
- Questions & Answers: Constitutional Law (2007)
- Corporations: Examples & Explanations (2012)
- Criminal Law: Examples & Explanations (2013)
- Criminal Procedure II From Bail to Jail: Examples & Explanations (2012)
- Criminal Procedure: Emmanuel (2012)
- Questions & Answers: Evidence (2013)
- Family Law: Examples & Explanations (2013)
- Questions & Answers: Family Law (2011)
- Professional Responsibility: Emmanuel (2013)
- Questions & Answers: Professional Responsibility (2012)
- Professional Responsibility: Examples & Explanations (2011)
Real Estate Finance & Land Use
- Real Estate Transaction: Examples & Explanations (2011)
- Real Estate: Emmanuel (2010)
- Remedies: Examples & Explanations (2013)
- Agency & Partnerships, and LLCs (2012)
Wills, Trusts, and Estates
- Wills, Trusts, and Estates: Examples & Explanations (2012)
- Questions & Answers: Wills, Trusts, and Estates (2008)
To view all of our study aids and their current check-out status, refer to our Academic Success LibGuide!
ALR Student’s Corner: Law Among Nations – An Introduction to Public International Law for New Researchers
This treatise is located in print in the CSL Library. It can be found in the Treatise section of the library. After finding the call number (KZ3185.v6 2007) by using the online catalog, you follow the call number cards to the International Law shelf and find the book in the middle of the left side of the aisle.
Law Among Nations is a single volume that was published in 2007 (the 10th edition, published in 2012, is currently available at online booksellers). There is a Table of Contents, Index of Cases, Arbitral Awards and Advisory Opinions, and Index. These resources allow researchers to efficiently locate their topic and narrow down their research. Law Among Nations provides an introduction and overview of major subject areas in international law. Although not visible in the Table of Contents, the chapters are divided by sub-topic to provide structure and help guide researchers as they read. Each chapter is followed by a list of “Suggested Readings” that list academic articles as well as relevant authority.
Using the Treatise as a Secondary Source
To better understand how to use this resource, we will walk through a brief research exercise. Imagine you are taking a course on international law. For one of your assignments, your professor asks you to examine a major current event in light of international law. You recall reading about the Arab Spring and Syria. You decide to research if the Syrian President Bashar al-Assad has committed any war crimes in the on-going conflict.
After deciding to start with a secondary source to get an overview of war crimes, you locate Law Among Nations and check the table of contents for “war crimes” and notice Chapter 21 is titled “International Humanitarian Law: War Crimes.” You turn to the first page of the chapter (p. 628) and begin flipping through the pages. There is a list of types of war crimes on page 633 that provides a broad research map for you to begin. You continue skimming the chapter and notice there is a list of acts constituting war crimes on page 642 and decide to follow up with the sources listed. The end of the chapter provides almost two pages of additional readings on war crimes that cite to academic articles, as well as United Nations Treaties and Protocols governing war crimes.
Law Among Nations is a helpful tool for researchers new to international law. It provides a general overview of major international law areas and sub-topics. The suggested reading lists are extremely helpful to guide the reader to more specific instruments of international law. While the table of contents would be more helpful if it guided readers to more specific topics, the book is generally well-organized and the language is easy to follow.
~ Nadia Aziz, Class of 2013 ~
The Library Team is here to serve your Library needs, as always. Contrary to current myth, CSL does have a vibrant library located in our temporary home on the 12th floor at Charlotte Plaza, complete with books, study aids, group study areas, ample quiet study areas, and study rooms that can be booked online. Circulation is open for business and ready to assist you with course reserves and study aids. And our reference librarians are also ready to assist with your research questions. There is also a copy/print room with four copiers/printers available for your use.
The Library is just a short elevator ride to the 12th floor where you can step back in time and visit our 70’s retro-looking space. Our current vantage point on the 12th floor offers beautiful views of all parts of Charlotte and local sites. It is a tranquil, calm, welcoming space for you to study. Check out the sunrise any morning – beautiful!
Several floors below, our construction company is working hard to complete our permanent home on the 4th and 5th floors. When completed, our new home will house our entire print collection and provide even more study rooms, print release stations and expanded services that will once again include our attorney members as well as public patrons.
Come see us! We are looking forward to seeing you soon and often!
~ Julie Morris ~
Now that we have moved into our temporary quarters in Charlotte Plaza, we are no longer open to the public or our attorney members. We hope to see everyone again when our library construction is completed. In the meantime, there are several libraries in the area that have legal resources. A list follows which includes the address, phone number and a link to each library’s website.
Cato Law Library
Central Piedmont Community College
8120 Grier Road
Charlotte, NC 28213
University of North Carolina at Charlotte
9201 University City Boulevard
Charlotte, NC 28223
Charlotte Mecklenburg Library
310 North Tryon Street
Charlotte, NC 28202
Coleman Karesh Law Library
University of South Carolina School of Law
701 Main Street
Columbia, SC 29208
Before law school, I was fortunate to work for an estate planning attorney and to learn the benefits placing property in a trust could provide in managing assets. An irrevocable trust is one that cannot be terminated once it has been created. The treatise I have chosen to critique is Irrevocable Trusts, Analysis with Forms by Robert A. Esperti, Renno L. Peterson, and Robert S. Keebler. The purpose of this blog posting is to discuss the organization and content of the treatise and assess its usefulness to a user with little or basic knowledge of this subject. A basic subject search of “irrevocable trusts” in the Charlotte School of Law Library catalog will retrieve three results, the last two of which are the treatise in question (call number KF 730.E83). This treatise is not available electronically. The book is physically located in the Treatise Section (or “quiet zone”) of the Library, in the row of compact shelving labeled “KF645-KF889; Real Property; Trusts & Estates; Contracts; Commercial Code.”
The treatise is a single volume set consisting of two supplements that have been updated yearly since 2008. Each supplement consists of 16 chapters with a detailed Table of Contents. The subtopics of each chapter can go at least four levels in some instances (i.e., 2.03;; [d]; [ii]). The chapters are segregated by the type of trust. Each chapter consists of the following sections: a general overview, requirements, and special rules for the particular type of trust. The Highlights and Filing Instructions (“Highlights page”), located at the front of the treatise, contains information related to revised materials, the elimination of the previous year’s supplements, and date the newest supplements were received. The treatise currently consists of 2012 Cumulative Supplement No. 1 (received April 11, 2012) and No. 2 (received Fall 2012). Attached to the back cover of the treatise is an Irrevocable Trusts Forms on Disc CD. The CD includes examples of various trust documents and checklists covering various drafting and estate structuring scenarios.
HOW TO SEARCH
There are many ways this treatise can be helpful to an attorney. For example, say your client wants to know how to set up a charitable trust, and what their benefits are. A few search terms you may develop include “charitable trust,” “trustee,” and “tax deduction.” Searching the index for “charitable trust” returns no results. Amending the search to “charitable” takes the user to a list of charitable trusts and their characteristics. Using the index is helpful if you are searching for a specific trust. The topics listed tend to be specific, but may be too broad, in some cases, for the user unfamiliar with charitable trusts. The main index topic is in bold and subtopics are formatted by the number of dots placed before it.
From a search of the index, you discern that the most relevant topics for your client are in Chapters 9 and 10. Chapter 9 discusses Charitable Lead Trusts and Chapter 10, Charitable Remainder Trusts. The overview at the beginning of each chapter defines the main difference in the trusts. A Charitable Lead Trust distributes trust income to a charity, while principal is distributed to another beneficiary. The Charitable Remainder Trust distributes trust income to a beneficiary, while the principal is distributed to the charity(s). This should be a nice starting point before venturing into the particular details of your client’s needs. Also, at the end of each chapter, there are checklists covering the trust requirements and other considerations.
The treatise is very useful in that it is continually updated, and contains an organized and detailed table of contents that flows nicely, as well as helpful general overviews at the beginning of each chapter. Additionally, the checklists at the end of each chapter are excellent and make up for a rather confusing index that should be reserved for those well-versed in irrevocable trusts. If the treatise Irrevocable Trusts is not enough, there are many well-organized and helpful resources on-line, some of which include nolo.com, wealthcounsel.com, and planningforelders.com. These sites contain helpful information on the basics of estate planning and trust law and offer the latest news in this field of law.
~ Kevin Rinehart, Class of 2013 ~
Patent Licensing: Strategy, Negotiation, Forms by Mark S. Holmes (KF 3145 .Z9 2000) is an excellent guide for any kind of licensing agreement between parties, not just patent licensing. Patents involve additional complications, and Holmes covers them extensively. Along with a list of issues, there are sample clauses that can be readily modified for inclusion in any licensing agreement.
The first, and most obvious, issue to consider is the actual grant of a license. With patents, there is a significant difference between an assignment, a license and a sale. The nature of the terms in the agreement, not the specific words used (i.e. calling it a license agreement), will be determinative. The examples provided comply with the UCC and other statutory provisions that come into consideration when creating the agreement. The next most important issue will be the money involved. Both parties will want to ensure that this is done correctly because they are most likely setting up a long-term relationship. Legal fights and ambiguities do not make for a good long-term relationship.
A couple of unique issues that come up with patents must be carefully considered. In most cases, an inventor will be looking for a licensing partner even before the patent is granted. Patent prosecution can take years before the patent is finally granted, so finding a partner before the patent is granted is quite common. This brings up the issue of what happens if the patent application is denied by the patent office. Holmes has an excellent chapter devoted entirely to this issue. A final rejection on a patent application is not the end of the story. There are still many steps that can be taken by the applicant that could lead to an eventual patent. Those steps are not cheap and can cost thousands or hundreds of thousands of dollars. This is an extremely important issue and needs to be carefully considered.
Another consideration that is unique to patents is infringement. What happens when another party infringes on the patent that is subject to the licensing agreement? This will almost always lead to extensive litigation between the accused infringer and either the patent holder or licensee. That can literally cost millions of dollars and take years to decide. Also, the original inventor will be in possession of information that the license holder will need to properly defend the patent. What kind of access to other information will the license holder have if an infringement lawsuit is filed? Holmes handles this complex issue extremely well with a great discussion of issues and possible contract clauses that will address it properly.
A third unique consideration to patents is what rights does the original inventor or assignee of the patent have in regards to using the patent. Can the original holder of the patent compete directly with the license holder? There is also a very good chance that the original inventor will be working on improving the invention. Who will have rights to that new invention? How would the new and improved invention compete with the original invention? Holmes discusses this very carefully and provides sample contract clauses that can lean in either direction depending on the desires of the parties.
Patent Licensing by Mark Holmes is an excellent resource for any kind of license agreements. It discusses the issues that every license agreement should consider, and expands into areas that will be unique to a patent license. Patents are a way to protect an invention and hopefully turn it into a valuable asset. Most inventors do not have the financial resources to monetize their invention properly, so they will need to license it. There are big advantages to licensing compared to selling, but it creates a more complicated, long-term relationship between the parties. Careful contract writing and a solid understanding are mandatory in making it a successful relationship. Holmes provides an excellent start in achieving these goals.
~ David VanVliet, Class of 2013 ~
Several weeks ago, a Charlotte School of Law student asked about free, online resources related to family law. The list below includes websites, blogs, and listservs.
Since the Charlotte School of Law will be closed to public patrons and attorney members until we are in our new location, we thought these resources might be of particular interest. Family law is always a popular topic.
- ABA Guide to Family Law
- ABA Section of Family Law
- FindLaw Family Law Center
- Family Law NB
- Justia.com Family Law Web Resources
- Rosen Law Firm
- Hieros Gamos
- Legal Information Institute (Cornell University Law School)
- American Academy of Matrimonial Lawyers
- The Center for Worklife Law at UC Hastings College of Law
- Washburn University School of Law
- North Carolina Child Support Enforcement:
- Family Law Prof Blog: from Law Professor Blogs Network
- Beyond (Straight and Gay) Marriage: from Prof. Nancy Polikoff, American University Washington College of Law
- ChildLaw Blog: from attorney James R. Marsh
- International Family Law: from attorney Jeremy Morley
- Reproductive Rights Prof Blog: from Law Professor Blogs Network
- The Top Family Law Blogs
- Legal Blog Network: Family Law Blogs
- North Carolina Family Law Blog: Krushch & Sellers, PA
- Nolo’s Divorce, Custody & Family Law Blog: written by Emily Doskow
- International Family News and Analysis
Listservs (Washburn University School of Law)
- FAMILYLAWPROF-L@lists.washlaw.edu Family Law Faculty/Professors list
- To subscribe to the discussion group, Click here
- JUVENILELAW@lists.washlaw.edu Juvenile Law list
- To subscribe to the discussion group, Click here
- AALS-FAMILYLAW@uidaho.edu Unmoderated list for law professors at member schools of the AALS
- CHILD-COURT@abanet.org Forum to discuss efforts to improve the court process for child abuse and neglect proceedings and related cases; includes discussion of the federally-funded Court National Improvement Initiative; subscription upon approval by moderator
- FAMILYLAW@uidaho.edu Moderated discussion group for individuals working in the field of family law, including law professors, lawyers, social workers, psychologists, counselors, and other professionals; “closed” list – subscriptions subject to approval by listowner
- For subscription, send the following message to email@example.com: subscribe familylaw [your e-mail address]
- LAW-FAMILY@mailbase.ac.uk UK-based Family Law List
- For subscription, send the following message to firstname.lastname@example.org: join law-family Your Name
- For subscription, send the following message to email@example.com: join law-family Your Name
Google books can be used to find topical books related to family law. Often entire volumes are available. An example of the relevant material available through Google Books include:
- William P., Family Law: The Essentials, Minneapolis/St. Paul : West Pub., 1996
We hope you found this guide helpful. Do you have a favorite free, online resource related to family law? Please let us know in the comments section.