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09/29/2017
profile-icon Eric Yap
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BLS Library held its 6th Annual Research Fair yesterday, September 28, 2017. Representatives from Bloomberg Law, EBSCO, Lexis Digital Library, Lexis, Westlaw, and Wolters Kluwer were on hand to showcase their databases. Library Director Janet Sinder and Associate Law Librarian Linda Holmes also provided students information about Fastcase and HeinOnline. The turnout was excellent. Students stopped by vendor tables, chatting with vendor and student representatives, They picked up free mugs, tote bags, and pens, while learning about the latest database services and features.

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The event also served as an occasion to showcase the library’s new collaboration/reading room on the 3rd Floor. Faculty and staff members came by to check out the space and the Research Fair. Many 1Ls were introduced to the space through the event. 2Ls and 3Ls who were visiting the collaboration room for the 1st time marvelled at how the 3rd Floor had been transformed over the summer.

 

 

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The Research Fair was a success. Students said that they enjoyed learning about new research resources and would start using them right away. The cookies, candy, and other light refreshments provided by the library helped perk them up after a long week of classes. At the end of the Fair, Janet and Linda conducted the raffle drawing for students who had visited at least five vendors. Congratulations to the six lucky students who won $50 gift cards courtesy of BLS Library and participating vendors!

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09/29/2017
profile-icon BLS Reference Desk
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ta

Brooklyn Law School Library’s New Books List for October contains 10 print titles and 20 eBook titles. Among the print items are two on taxation both authored by BLS Professors. The first is Federal Taxation of Corporations and Corporate Transactions (KF6464.D43 2017) by Steven Dean and Bradley T. Borden. This first edition of Federal Taxation of Corporations and Corporate Transactions provides a comprehensive examination of tax principles with a unique practice-oriented approach to help students become practice ready with skills that they have developed in a setting that reflects practice in the real world. The casebook introduces students not only to transactional tax practice and the federal tax penalty regime, but also to the rules of professional ethics and the specific rules that govern professionals who practice tax law. It features an array of Deal Downloads that breathe life into complex material, presenting high-profile transactions involving Amazon, Apple, Ford and others.

 

 

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The second title is Taxation and Business Planning for Partnerships and LLCs: 2017-2018: Client File: DD Pizza LLC (operating partnership) by Bradley T. Borden (Call Number KF6452.B673 2017). The materials in this Client File provide real-word problems, documents, and financials that direct the study of partnership taxation. They are an ideal accompaniment to partnership tax casebooks, especially the author’s own Taxation and Business Planning for Partnerships and LLCs. This first edition of the Client File includes memoranda and practice materials. It also includes recent developments that will not be in most casebooks. The Client File creates a practice setting that is ideal for studying issues that transactional tax attorneys’ clients face regularly.

The book is uniquely designed to help students become practice-ready with skills that they have developed in a setting that reflects actual practice. This new partnership tax casebook has several key features, including an accompanying client file created to help students learn the law in a practice-like setting. This comprehensive treatise-like casebook includes background information on non-tax topics, such as basic accounting and finance, concepts related to debt, and state-law entity transactions, as well as a general review of basic tax concepts that come up through the course of studying partnership taxation. The first edition of Taxation and Business Planning for Partnerships and LLCs also includes rules of conduct for attorneys and practice before the IRS.

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09/23/2017
profile-icon BLS Reference Desk
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The Brooklyn Law School Library has placed an order for The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives (Call No. KF9351.E37 2017) by Pulitzer Prize–winning journalist Jesse Eisinger. The book is a blistering account of corporate greed and impunity, and the reckless, often anemic response from the Department of Justice. The book asks why no bankers were put in prison after the financial crisis of 2008 and why CEOs seem to commit wrongdoing with impunity. The problem goes beyond banks deemed “Too Big to Fail” to almost every large corporation in America—to pharmaceutical companies and auto manufacturers and beyond. Eisinger starts his account with a story that gives the book its title. In the early 2000s, James Comey was the U.S. Attorney in charge of the most important local branch of the Department of Justice, the Southern District of New York, whose jurisdiction covers Wall Street. At Comey’s first meeting with the prosecutors on his team, he asked who among them had never lost a case. Many proudly raised their hands. “My friends and I have a name for you guys,” he said. “You are members of what we like to call the Chickenshit Club.” Comey was challenging them to be aggressive, to risk losing. A character-driven narrative, the book tells the story from inside the Department of Justice. The complex and richly reported story spans the last decade and a half of prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives.

The book begins in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. The book travels to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and F.B.I agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early aughts and into the Justice Department of today. Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice.

A more extensive book review by Thomas Fox can be found at JD Supra at this link. Fox also conducted an interview of Jesse Eisinger and Paul Pelletier, a key source for the book, at this link.

 

On Thursday, November 2, 2017, Cardozo School of Law will host a free event where the author will discuss his book. It will be held from 6:00 pm – 8:00 pm in the Third-Floor Lounge at 55 5th Avenue, New York, NY. Register at this link if you want to attend.

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09/18/2017
profile-icon BLS Reference Desk
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The US Constitution was adopted 230 years ago, on September 17, 1787. Its words are as vital today as when the founders agrees that the Constitution would be sent to the Confederation Congress to start the ratification process with the states. It words are invoked daily in controversies over free speech, gun rights, religious expression, the separation of powers, states’ rights, due process of law and the exercise of individual liberties.

Yet, as we mark Constitution Day in accordance with 36 U.S.C. § 106 (2012) (this year, the day is observed on Monday, September 18th), Americans have an uncertain understanding of what the document says, per a recent poll by the Annenberg Public Policy Center of the University of Pennsylvania. The annual Annenberg Constitution Day Civics Survey finds that:

  • More than half of Americans (53 percent) incorrectly think it is accurate to say that immigrants who are here illegally do not have any rights under the U.S. Constitution;
  • More than a third of those surveyed (37 percent) can’t name any of the rights guaranteed under the First Amendment;
  • Only a quarter of Americans (26 percent) can name all three branches of government.

Why should this matter? it is difficult to safeguard constitutional rights without understanding what they are. The continued vitality of our democracy is dependent upon an informed citizenry. Understanding the history of the Constitution and its amendments will assist all of us in more fully appreciating these rights and responsibilities as they have evolved over time. Moreover, such understanding will ensure that these rights will continue to be exercised, valued, and cherished by future generations.

The founders wanted to make certain that the federal government was limited in powers  to those specifically enumerated in the constitution. How have we moved from these very clear and quite limited roles of the government? We see Presidents “passing laws” in a de facto fashion and refusing to enforce laws duly passed by Congress although sworn to do so. The Supreme Court has ruled on healthcare, education, abortion, and marriage. These powers are not enumerated the Constitution and are arguably reserved for the states. Why are we not concerned? The Founders, on this day, 230 years ago, signed a document making certain that our freedoms would not be taken away, but they did not anticipate that they might be given away. Happy Constitution Day. Celebrate it and protect it.

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For more on the topic, see the Brooklyn Law School Library’s copy of The Blessings of Liberty: A Concise History of the Constitution of the United States by Michael Les Benedict (Call No. KF4541 .B443 2017). The text provides students with a history of American constitutional development in the context of political, economic, and social change. The author stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in US constitutional history, encompassing key Supreme Court and lower-court cases. The third edition is updated to include the election of 2000, the Tea Party and the rise of popular constitutionalism, and the rise of judicial supremacy as seen in cases such as Citizens United, the Affordable Care Act, and gay marriage.

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09/18/2017
profile-icon Jean Davis
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After a hellish mid-week commute that trapped me underground for nearly an hour, what could possibly lure me back to Brooklyn on a Sunday?  BROOKLYN BOOK FESTIVAL!

My literary life partner, Ken, accompanied me.  He is hard at work on his new novel, tentatively titled Love Like Rain, which foretells of an apocalyptic world where a handful of survivors fight for the last source of water.  (Intrigued?  Draft first chapter available here.)

Ken and I joined a large crowd in Brooklyn’s Borough Hall Plaza to hear Dr. Brittney Cooper, Daisy Hernández and Mychal Denzal Smith discuss “Intersectionality and Activism.”  Mr. Smith asked the audience: “After the Women’s March [on Washington], what will be the political program that we follow?”  Ms. Cooper explained how she is actively involved in the Black Lives Matter movement—she used humor and passion as tools to encourage the audience to act.  (Ms. Cooper’s newest book, Eloquent Rage: A Black Feminist Discovers Her Superpower, will be available in February 2018.)

As I scanned the Brooklyn Book Festival program, I was proud that my employer, Brooklyn Law School, was a host site for free panels on topics ranging from big data to immigration to young adult fiction.  These Sunday afternoon programs were packed!  BLS President and Dean Nicholas Allard moderated the panel discussion: “Culture, Politics and the Supreme Court.”  You can view the recording of this discussion (and many others) through C-SPAN’s 2017 Brooklyn Book Festival Book TV.

The Festival’s Literary Marketplace showcased friendly authors and their recent works.  At Brooklyn Law School’s booth, I greeted authors/professors William Araiza (standing on the far right in the photo below) and Heidi K. Brown (standing next to Professor Araiza in the photo below).

BLS at Brooklyn Book Festival

Professor Araiza’s most recent book is: Animus: A Short Introduction to Bias in the Law (2017)He notes in the introduction: “Animus matters more than ever today. At a very practical level, animus has become one of the Supreme Court’s favorite tools when considering claims that a plaintiff’s equality rights have been violated.”  I encourage you to read this book to discover what the constitutional law concept of “animus” means today.  Professor Brown’s thoughtful new book is: The Introverted Lawyer: A Seven-Step Journey Toward Authentically Empowered Advocacy (2017).  Earlier in her career, Professor Brown had to address her own fear of public speaking while litigating.  Her work to conquer this fear inspired her book.  Come hear her book talk about The Introverted Lawyer on the evening of October 3, 2017.  Other notable featured titles by BLS faculty were: Dana Brakman Reiser & Steven A. Dean, Social Enterprise Law (2017); Christopher Beauchamp, Invented by Law: Alexander Graham Bell and the Patent That Changed America (2015); K. Sabeel Rahman, Democracy Against Domination (2016); and Nelson Tebbe, Religious Freedom in an Egalitarian Age (2017).

At “Refugee Reportage,” journalists Deborah Campbell and Lauren Wolfe explained the great value of a skilled “fixer” (= interpreter + guide + excellent source of contacts) to a foreign correspondent.  They noted that a good fixer, working with foreign journalists, places her or his life at risk.  When Ms. Campbell read from A Disappearance in Damascus, I, like, the audience, was spellbound.  What had happened to brave Ahlam, the Iraqi refugee in Damascus who provided so much help to Ms. Campbell in 2007?  I am eager to read this beautifully written book to find out.

Finally, I met volunteers from NYC Books Through Bars, which sends free, donated paperback books to people who are incarcerated in the U.S.  This group’s website describes how (and when) to donate books, as well as how to donate funds or packing supplies.

Conclusion: Well worth the trip, and I’ll be back next year!

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09/12/2017
profile-icon Kathleen Darvil
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This Thursday Prof. Fajans and Librarian Kathy Darvil are holding their semi-annual workshop on how to research and write a seminar paper in Room 502.  The workshop is from 4-5:30 PM. Topics covered include sources for selecting your topic, sources for researching your topic, and strategies for effectively organizing and writing your paper.  If you are unable to attend the workshop, you can access an online research guide which contains a recording of the workshop, links to and descriptions of all the research sources discussed, and the writing and research presentations.  The online guide is available at guides.brooklaw.edu/seminarpaper.  From the guide’s main page, you can access the recording of the presentation, Professor Fajans’ slideshow on how to write your seminar paper, and Kathy Darvil’s online presentation on how to research your seminar paper.  If you should need further help selecting or researching your topic, please stop by the reference desk for assistance.

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09/08/2017
profile-icon BLS Reference Desk
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Beyond Legal Reasoning

The Brooklyn Law School Library New Books List for September is out with 32 print titles and 9 eBook titles. One of the items is Beyond Legal Reasoning: A Critique of Pure Lawyering (Call No. K212 .L57 2017) by Professor Jeffrey Lipshaw of Suffolk University Law School. In the book, the author addresses the concept of learning to “think like a lawyer,” one of the corners of legal education in the US and beyond. In his book, Professor Lipshaw provides a critique of the traditional views of “thinking like a lawyer” or “pure lawyering,” aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing examples from the intersection of real world law and business issues, the book argues the “pure lawyering” of traditional legal education is agnostic to either truth or moral value of outcomes. It offers a critique of pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors.

This book offers a way of getting beyond merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book is of interest to scholars of legal education, legal language, and reasoning as well as professors who teach both doctrine and thinking and writing skills to 1Ls and for anyone interested in seeking a perspective on “thinking like a lawyer” beyond the litigation field. Law students considering a career in transactional law are well advised to read it right away. Law students should read the book after the 1L year. Lawyers and academics should read it at any time, and judges right away.

Free access to the book is available here.

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09/06/2017
profile-icon BLS Reference Desk
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The Sixth Annual Library Databases Research Fair will be held on Thursday, September 28th, 2017.  The Fair will be held in the Library’s new 3rd floor Collaboration/Reading Room from 3:00pm to 6:00pm.

Representatives from the following legal research companies will be here to demonstrate their databases:

  • Bloomberg Law
  • Ebsco
  • Fastcase
  • Lexis Digital
  • Lexis Nexis
    • Westlaw
      • Wolters Kluwer
      • Brochures/Pens/Post-Its provided by Hein Online

 

There will be handouts, light refreshments, and a raffle drawing for gift cards.

Come and learn how these databases will help you with your legal research.

Save the date:  Thursday, September 28, 2017, 3:00pm – 6:00pm,

3rd floor Library, New Collaboration/Reading Room.

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