When I visited Wing Haven last Friday I discovered that throughout the garden Elizabeth, and later her Estate, had placed small plaques bearing the names of the many plants and flowers. I also discovered small plaques inscribed with inspirational quotes hidden among rose bushes and in front small water pools.  Visitors to Wing Haven will marvel not only at the gardens but at the frequent sightings of birds and the small wildlife scampering throughout the property. Wing Haven truly is a quiet sanctuary secluded behind stone walls, iron fences, and large oaks.

The garden’s creator, Elizabeth Clarkson, was diagnosed with undulant fever and was often bedridden because of this illness. To entertain herself while recovering Elizabeth focused her interests on ornithology. She began journaling about birds and their habits in 1933. Elizabeth Clarkson was also an early environmentalist. When the city of Charlotte sprayed DDT to reduce the mosquito population, Elizabeth protested the pesticides by blocking the fogging trucks. You can read Elizabeth’s journal entries here http://www.winghavengardens.com/ECBlog/index.asp

After Elizabeth’s death the Clarksons gave the gardens to the Wing Haven Foundation and its Board of Directors has been responsible for maintaining the gardens in keeping with the Clarksons’ spirit and intent.

I myself discovered Wing Haven Gardens last weekend when I visited the gardens to listen to a selection of personal favorites played by Ayoung Lee, a classically trained pianist. I arrived at the gardens at about 6:30 p.m. with several friends and we drank champagne and nibbled on finger foods while we toured the shady oasis. The rose garden was exceptional and a very fragrant spot in the dusky summer evening. I saw my first chipmunks at Wing Haven and delighted to see them darting to and fro amongst the underbrush beneath the mature oaks. Being from Florida, I had not previously seen chipmunks. The birds kept up a constant chatter and all the while lovely sounds from the talented Ayoung Lee floated out to us in the garden from Mrs. Clarkson’s old Steinway. Visiting Wing Haven was a wonderful treat for an early summer’s evening.

I encourage you to visit this local treasure and make a donation supporting the Wing Haven Foundation. Check this link for information on Wing Haven events. http://www.winghavengardens.com/SeasonalEvents.asp?month=6&year=2012

 ~Leanna Fitzgerald~

Have you heard the news?

Lexis Advance will be available all summer for students engaged in the following pursuits:

•          Summer course preparation and assignments

•          Research associated with Moot Court, Law Review, or Law Journal

•          Research associated with pursuing a grant or scholarship

•          Service as a paid or unpaid research assistant to a professor

•          An internship, externship or clinic position for school credit or graduation requirement

•          Study for the bar exam

•          Research skill improvement for educational purposes

Students do not have to do anything extra to “register” for summer access besides just registering their Lexis Advance ID like many have already done.  If you need any help in registering, stop by the Reference Desk in the Library or contact our Lexis Representative, Carmela Orsini at carmela.orsini@lexisnexis.com or 678-646-8721.  See the Policy on Use of LexisNexis Law School Educational IDs for more information.

Reminder:  Lexis Classic will be completely cut off for the summer for all students.

Need summer access to Westlaw?   Go to Westlaw Password Extension for more information.

Come see us in the Library if you have any questions or concerns!

~Mary Susan Lucas~

The U.S. Supreme Court has blocked the Montana Supreme Court’s decision: American Tradition Partnership, Inc., fka, Western Tradition Partnership, Inc., et al., Applicants v. Steve Bullock, Attorney General of Montana, et al.  by upholding the state’s century-old ban on corporate political spending. A Huffington Post blog entry said that the stay granted by the US Supreme Court on February 17, 2012 sets up a possible full-blown rematch over the 2010 Citizens United decision that allowed unlimited corporate campaign spending.

The application for a stay pending the filing and disposition of a petition for a writ of certiorari was granted and Justice Ginsburg and Justice Breyer together issued a joint statement regarding the stay indicating that they welcomed the opportunity to revisit, and potentially reverse, Citizens United. Both Justices agree that if a writ of certiorari were granted, it would give the Court an opportunity to consider whether, in light of the huge sums currently deployed to buy candidates’ allegiance, Citzens United should continue to hold sway.

Much of what was stated in the Stay Order written by Ginsburg and Breyer was paraphrased and seconded in a New York Times editorial entitled “The Court and Citzens United II” published on February 21, 2012.

Thus far amicus briefs have been filed by Free Speech for People, et al, Citizens United, Senator Mitch McConnell and the U.S Chamber of Commerce.

Lyle Denniston and Tom Goldstein , reporters for the SCOTUSblog, predict that there is still time for the US Supreme Court to act on this Montana case one way or another, before the current term ends in late June. The Court could either hear this case or simply overturn it. Goldstein in his blog indicated that if the Supreme Court were to grant a writ of certiorari to the Montana case rather than summarily reversing it, then the resolution of this case might have some impact on the presidential election.

~Jane Fraytet~

Its summer time and you know what that means…It’s time to watch all the blockbusters you missed seeing in the theaters last summer.  Who really has the time or money to see all the great and not so great films that premier throughout the summer?  Now all those summer releases are available on DVD, Streaming, or iTunes. Below is a list of last summer’s hits and flops. Only the best and the worst summer films – being mediocre is the one unforgivable sin of cinema.

Captain America: The First Avenger – Good hearted sickly little man is given the strength to match his courage. One of the better superhero films of the last few years. Oddly, Steve seems much more of a hero before he gets all supersoldiered up.

Green Lantern – What’s not to love?  He’s green.  He has a lantern. OK – there is a lot not to love.

Bridesmaids – Women can be crass too. It is funny. You will laugh.

Transformers: Dark of the Moon – Better than the second film but you start to wonder why they keep making them.  Transformers films feel episodic now. The Autobots fight to restore the status quo so the Decepticons can come up with a new plan for the next film.

Pirates of the Caribbean: On Stranger Tides – More of Jack……Maybe too much of Jack.  It’s worth watching though.

X-men First Class –This great film tossed canon out the window, but if you have ever tried to follow an X-men comic’s story line, you should be used to that.

Animated films sucked last summer so I will not even mention them. Oh – Harry Potter was good, and there was some movie about smart monkeys.  Also, JJ Abrams tried to make a Spielberg movie.

~Aaron Greene~

Background:

Senate Bill 33 went into effect on October 1, 2011 and significantly altered the procedural rules and substantive law as they relate to health care providers and patients under North Carolina’s medical malpractice law.  (See http://www.ncga.state.nc.us/Sessions/2011/Bills/Senate/PDF/S33v7.pdf.)  Specifically, the recently enacted law heightens the plaintiff’s filing and evidentiary requirements throughout the various stages of litigation, creates a presumption in favor of bifurcating the issues of liability and damages at trial, and places a cap on noneconomic damages a court may award a plaintiff.

Introduction:

The reform has been a hot topic in North Carolina tort law and the source of ongoing controversy.  As such, the Spring 2012 issue of The North Carolina State Bar Journal features two articles by authors with polarizing perspectives on the nature and impact of the new laws.  (See http://www.ncbar.com/journal/archive/journal_17,1.pdf.)  The feature, titled “Sweeping Changes to Medical Malpractice Law – Point/Counterpoint,” spotlights North Carolina’s tort reform through the eyes of two medical-malpractice defense attorneys and the legal affairs counsel for the North Carolina Advocates for Justice, a nonpartisan association that seeks to protect the rights of individuals.

(See http://www.ncaj.com/page/about/?submenuheader=0.)  The purpose of this post is to examine the authors’ clashing views on the provisions related to the cap on noneconomic damages.

The Law:

The reform legislation places a $500,000 cap or limit on the amount a court may award a plaintiff for noneconomic damages.  An award of noneconomic damages would compensate a plaintiff for “pain, suffering, emotional distress, loss of consortium, inconvenience, and any other non-pecuniary compensatory damages.”  (See N.C.G.S. § 90-21.19(c)(2) at http://www.ncga.state.nc.us/Sessions/2011/Bills/Senate/PDF/S33v7.pdf.)  The cap applies regardless of the number of plaintiffs or defendants and to all medical malpractice actions filed on or after October 1, 2011.  The sole exception to the law is that the cap does not apply if the trier of fact finds the defendant’s reckless, grossly negligent, fraudulent, intentional, or malicious conduct proximately caused the plaintiff “disfigurement, loss of use of part of the body, permanent injury or death.”  (See N.C.G.S. § 90-21.19(b)(1-2) at http://www.ncga.state.nc.us/Sessions/2011/Bills/Senate/PDF/S33v7.pdf.)

Disclosure:

The jury-verdict form must indicate the specific amount of the plaintiff’s noneconomic damages if the evidence presented at trial supports that amount.  The court, attorneys, and witnesses may not disclose to the jury the existence of the cap.  (See N.C.G.S. §§ 90-21.19(d) and 90-21.19B at http://www.ncga.state.nc.us/Sessions/2011/Bills/Senate/PDF/S33v7.pdf.)

Point/Counterpoint Perspectives:

• Point:  Katherine Flynn Henry and Phillip Jackson, North Carolina attorneys who focus their practice on the defense of health care providers in medical malpractice litigation, co-wrote the first of the feature articles, “North Carolina’s Tort Reform: An Overview.”  (See pages 12 – 16 of http://www.ncbar.com/journal/archive/journal_17,1.pdf.)  The authors presented the law and then, in a pro-reform discussion on the impact of the legislation on medical malpractice litigation, argue the following points on the $500,000 limitation on noneconomic damages.  First, the authors contend the cap could diminish the amount of cases filed for “certain types of medical malpractice cases.”  Second, the authors assert the cap “makes it more likely that a defendant with a strong defense case will take that case to trial as the limitation on noneconomic damages removes a significant uncertainty about what a damages verdict would be in the unlikely event that the case was tried and lost.”  Finally, the authors maintain that the legislation is constitutional, finding “[m]ost state appellate courts that have addressed similar reform legislation have upheld the constitutionality of the legislation.”  The authors supported this final contention by citing 37 No. 4 J. Health Care Fin. 46 (2011).

• Counterpoint:  Burton Craige, legal affairs counsel for the North Carolina Advocates for Justice, wrote the second feature article, “The Brave New World of Malpractice Litigation.”  (See pages 16 – 18 of http://www.ncbar.com/journal/archive/journal_17,1.pdf.)  The author attacks the $500,000 cap on two main fronts.  First, the author argues the exception is too narrow.  “[C]atastrophically injured patients” may seek to recover full compensation only if their health care provider either “knowingly and needlessly” placed them at risk of serious harm or was incapacitated by drugs or alcohol at the time of the incident in question.  Second, the author casts doubt on the constitutionality of the cap by quoting former Chief Justice I. Beverly Lake Jr. in a letter Chief Justice Lake released after Senate Bill 33 was introduced.  Citing the North Carolina Constitution and two decisions handed down by the Supreme Court of North Carolina, the letter asserts that noneconomic damages are actual, compensatory damages, thus “a form of ‘property’ protected by the constitutional right to trial by jury.”  In closing, the letter maintains the right to have a jury determine the amount of compensatory damages “cannot be eliminated or restricted by the General Assembly.” 

Conclusion

The authors’ points and counterpoints will either prove or disprove themselves over time, but the discourse and debates are sure to continue.

~Shannon Fitzpatrick~

According to a comScore Device Essentials study in 2011, iPads made up 90.4% of the tablet market. The majority of mobile phones are now smart phones. And of those smart phones, Android operating system has 47% of the market. Accessories such as Logitech’s keyboard and flash drive for the iPad and apps greatly increase the functionality of these mobile devices.

From the ABA’s Legal Technology Survey (2011), 15% of lawyers use a tablet when they are working away from the office and at larger firms, 26% use them. iPads are appearing more in law school classrooms because of the convenience and mobility. In fact, Monterrey School of Law has issued iPads to each of its students, staff and faculty.

The strengths of an iPad include not only its convenient size and light weight, but also that it boots up quickly and has a longer battery life (10/12 hours). iPads have a few weaknesses such as not having an external keyboard. In addition, the on-screen keyboard is small and more difficult to use for long content creation. It also has little internal storage (uses the cloud). Applications are the most compelling advantage. No one has to go buy software at a store or over the internet; instead one goes to the app store to get what is wanted. Lots of developers are creating loads of apps.

The different legal research vendors are taking varied approaches to providing support for mobile devices. WestlawNext and Lexis Advance have not changed their offering, just improved the ease of access and navigation. A user logs in directly to the site which is formatted to iPad dimensions. Users can highlight or annotate information and save it to their personal account in the cloud. This has the advantage that users can then access it from any computer; obviously, increasing the mobility of use.

Other vendors like CCH Mobile and Intelliconnect have taken a different approach. Through a subscription, users can access content created for ready reference use rather than connecting with full content. Other vendors are using a third model by offering free content but again it is more quick reference than extensive access. Bloomberg has not yet developed an app for Bloomberg Law division. And finally, BNA offers both freebies like a tax calculator and apps for current subscribers. The ultimate question for all of these legal reference providers will be how iPads are used by lawyers and law students.

Many developers create apps, launch them, and then see who uses them. Most of the legal apps have been developed to help trial lawyers improve their presentations in the courtroom. Three presentation apps include ROPC Evidence, Exhibit A, and Trial Pad. Transcript Pad is designed to organize transcripts. You add notes and make a highlight page at the end of the transcript. iJuror lets you populate data per juror and make custom questions for each one. JuryTracker (see image below) lets you monitor the body language and facial expressions of jurors during the trial, make notes about whether they are leaders or followers, and print out a report at the end of the day. PROVIEW is Westlaw’s eReader and will be needed to read their eBooks. In the future, it will act like a library where users check in/out books through an institutional account. fastcase is a free app for advanced case research. LawStack is a free, quick reference tool for accessing federal rules and the constitution. It can easily be updated by jurisdiction.

Law schools tend to get advanced technology first. Companies want students to learn on their products so that they will push law firms to purchase the technology. One law school found that students are more inclined to use the WestlawNext app (84%) over the Westlaw app (16%). Black’s Law Dictionary app ($55) is continually updated and costs considerably less than the print version ($80). It is also easier to carry around. Document apps are designed to make using documents easier like CamScanner which makes a pdf file. Audiotorium, a note taking app, enables the user to record the speaker. Two apps for Microsoft Office are called DataViz and Desktop. iAnnotate lets you make annotations on pdf files.

Law schools are using eBooks. Westlaw offers them on TWEN (course management system) or Law School Exchange so they cost less, can be marked up, or be rented for a semester. Lexis sells eBooks on their website and provides them in particular eReader format.

Cloud computing, another key topic in mobile reference, is where storage is on someone else’s server. Some of the more popular cloud computing apps are Dropbox, Mozy, LogMein, and JoinMe. Several of the big legal vendors are pushing apps and also providing storage on their own servers. For example, Bloomberg Law has inexpensive, good collaboration software that many law schools are using. In the real world, law firms are more concerned with cloud computing and the security issues of having client information on someone else’s system.

Finally, the presenters of the webinar recommended the following sites for keeping up to date:

• All Things Digital
• Pogue’s Posts
• digital inspiration
• boingboing
• lifehacker

 ~Betty Thomas~

Furniture & Clothing

My favorite place to shop for furniture is the Habitat for Humanity Restore.  Inventory comes in so quickly here that prices on existing items are constantly lowered to make room for more stuff.  A friend nabbed a beautiful, oil painting, originally priced at $500, for $35.  What shopping strategy won her a Monet for the price of a Thomas Kinkade?  An unsophisticated one –she merely dropped in every week.  Of course, I’ve done the same and watched the awesome, red couch I had had my eye on for weeks be carried out the door.  I think my heartbreaking story, versus her fortuitous one, is more common, so check in regularly because your patience and diligence may be rewarded.

(photograph by susi.bsu)

The Salvation Army Thrift Store on Central Avenue offers some great finds in furniture and clothing.  I’ve walked out of there with a bundle of new Calvin Klein slacks in my size for a grand total of $15.  Clothing is reduced 50% on Wednesdays, so were I smarter, I could’ve spent only $7.50 on those same Calvin Kleins.  More-often-than-not, however, hitting the store at just the right time, like after a large estate donation, is determinative of the quality of the clothing.

(photograph by Wachovia_138)

Tuesday Morning sells new home goods and small appliances at a steep discount.  The store reminds me of my artsy, kind-of-wacky aunt who sat for an entire Thanksgiving dinner in her raincoat.   The place is flighty, eclectic and disorganized, but what a fun way to spend an hour in the afternoon.

Books & Music

Next door to the Habitat for Humanity Restore is Julia’s Café & Books .  The wraps and sandwiches are delicious and the coffee is rich and socially conscious.  With the money saved at Restore, buy a coffee and pastry and, on the way out, pick up a very good, used copy of that book you’ll never read until you finish law school.

Book Buyers in Midtown doesn’t have coffee like Julia’s Café & Books, but it does boast a more diverse selection of used books.  Here, I discovered a signed first edition that I couldn’t find at shops in Los Angeles, New York and Connecticut.  Of course, I could have just purchased the book online since it is now the residence of all things produced and manufactured.  But, for me, there is no joy of discovery in online shopping, as there is in used book store hunting when your eyes finally fall upon that treasured title after having spent many, fruitless years searching through stacks and stacks of books.

(photograph by Amy R.)

Charlotte Mecklenburg Library is the place for free books and music.  Pretty much, everything is available because each branch can interlibrary loan from another branch.  Why spend even 99¢ for a song in iTunes when the library lends the entire album absolutely free?  Even lawyers, stereotyped for being bad at math, can see how using their library saves money.

 (photo by jblyberg)

Food

Aldi on Freedom Drive and Old Pineville Road has the best prices on produce: cauliflower for under $2, avocado for 88¢, bananas for 44¢/lb., an entire pineapple for 99¢ and mango for $1.  I apologize for swooning – and in the process sounding like a TV pitchman – but these prices truly are amazing.  The star attraction here, though, is the $2.69 bottle of Winking Owl red wine.  It tastes better and is cheaper than the infamous Two Buck Chuck (actually, $2.99 and soon be Three Buck Chuck) at Trader Joe’s.

(photograph by Portal Abras)

Hillbilly Produce Market boasts a huge selection of locally grown, organic fruits and vegetables at fair prices, as well as free-range chicken and grass-fed beef.  There are also locally made chocolates and candy…and don’t forget to ask for the hot, boiled peanuts.

Trader Joe’s on Metropolitan Avenue and Rea Road can be surprisingly affordable for a nationally recognized brand and chain.  For instance, its cauliflower and broccoli are competitively priced as to Aldi; Trade Joe’s soy milk, wheat cereals and granola are only a few cents more than the same at Walmart; and the prices on Trade Joe’s organic apples, blueberries and spinach are among the lowest.

  (photograph by bradywahl)

Brunch

Bistro la Bon on Central Avenue stages a large, tasty and affordable brunch on Sundays between 10 a.m-2:30 p.m.   For $18, it’s all you can eat for over four hours — this is important to a guy who struggles to find portion sizes large enough to fill his appetite.  Bistro serves up the typical brunch fare such as scrambled eggs, French toast, and fruit. But, the standouts are the lox, the chocolate waffles, the Swedish meatballs and the beet salad.  Coffee lovers take note, however: I had the two worst cups of coffee in my life here – those who dislike Starbucks coffee because it tastes burnt would most likely find the coffee at Bistro absolutely scorched.

Leave a comment and tell us about other places where the goods are cheap but still fun or tasty and a steal nonetheless.

~Cory Lenz~

Kim Allman is the Charlotte Law Library Access Services Manager and Anthony Aycock is Library Director of the North Carolina Justice Academy.

Check out the other installments of Murphy’s Law School Returns here.

What are study guides?  Which ones do we have?  Check out the Law Library’s Academic Success LibGuide for answers.  Browse through the tabs on the LibGuide to see what is available.  We have study aids for visual learners, audio learners and those who prefer a format like flash cards.  Visit the Circulation Desk and talk to our student workers for their recommendations.  We are here to help!

Don’t wait until reading period to check out our newly revamped collection of study aids for the first year law students!

Coming up next!  Improving the study aids available for upper level classes.  We welcome your input and feedback.  Come see us in the library and share your comments and suggestions.

~Mary Susan Lucas~

Consider May to be music to your ears as several musical acts take center stage this month.

Food Lion Speed Street and NC Brewers and Music Festival are two not-t0-be-missed events.

Billy Currington,  The Life Story of Rick James, Styx REO Speedwagon & Ted Nugent, Jane’s Addiction, Dave Matthews Band, Rise Against, Drake, New Edition, Esperanza Spalding, Eric Hutchinson, Ingrid Michaelson, Mayer Hawthorne, Collective Soul, Neon Trees, Blake Shelton

Performing Arts:  25th Annual Putnam County Spelling Bee  and Rhinoceros for the kids

Cultural Events: Dragon Boat Festival

Sports: Knights Baseball

Walkathons: Arthritis Walk , Walk for Lupus, Free to Breathe

For Mother’s Day this year, treat Mom with a visit to Daniel Stowe Botanical Garden for Mother’s Day in the Garden , or a Mother and Daughter Cooking Class, or a Mom’s Nite Out at South Park Mall, and even Purses with a Purpose (purchase $50 designer purses benefitting the American Cancer Society)

May is National Bike Month: Cycle Charlote, Plaza Midwood Bike Fest

Bring Fido to join other pet lovers at the Humane Society of Charlotte’s Pet Palooza (You may even spot a local celeb with their pooch) and Pet Expo

Other fun things to do: Clean and Green Festival, Microbrews Cruise at the US National Whitewater Center

~Jamie Sunnycalb~