"Nota Bene" means "note this well" or "take particular notice." We at the O'Quinn Law Library will be posting tips on legal research techniques and resources, developments in the world of legal information, happenings at the Law Library, and legal news reports that deserve your particular attention. We look forward to sharing our thoughts and findings and to hearing from you.
N.B: Make a note to visit "Nota Bene" regularly.

-Spencer L. Simons, Director, O'Quinn Law Library and Associate Professor of Law


Thursday, October 23, 2014

Texas Subsequent History Table Ceases Publication

This week, Thomson Reuters notified subscribers that publication of the Texas Subsequent History Table will be discontinued and no further updates will be produced, due to “insufficient market interest.” Practitioners have been extracting writ (and since 1997, petition) history from the tables since their initial publication in 1917 as The Complete Texas Writs of Error Table. The tables, later published by West, have been used for nearly a century to determine how the Texas Supreme Court or Court of Criminal Appeals disposed of an appeal from an intermediate appellate court. The purpose of adding this notation to citations is to indicate the effect of the Texas Supreme Court’s action on the weight of authority of the Court of Appeals’ opinion.  For example, practitioners may prefer to use as authority a case that the Texas Supreme Court has determined is correct both in result and legal principles applied (petition refused), rather than one that simply presents no error that requires reversal (petition denied).

Though the publication of the Texas Subsequent History Table is ending, petition history is still accessible in some print sources. The Table is supplemented weekly by West’s Texas Cases Advance Sheets, and in the Texas Supreme Court Journal, though neither source provides the user a cumulative table of all Texas actions with a subsequent appellate history.

Subsequent history can also be located online using Westlaw and LexisNexis’ citators. In WestlawNext, petition history may be viewed by clicking on the case’s “History” tab near the top of the page. The direct history will show the petition’s disposition along with the date. In Lexis Advance and Lexis.com, subsequent appellate history may be found by viewing the case’s Shepard’s report. Currently, Bloomberg Law does not provide this information. In addition, the weekly orders from the Texas Supreme Court (1997-present) may be located on the Texas Judicial Branch's newly updated website, www.txcourts.gov. 

For more information about the history of petition and writ review in Texas, see James Hambleton’s Notations for Subsequent Histories in Civil Cases, 65 Tex. B.J. 694 (2002). 

Tuesday, October 21, 2014

Today in Legal History: October 21, 1876

One hundred and thirty-eight years ago today legal research and the way we understand law changed forever. On October 21, 1876 John B. West, founder of West Publishing Company, published his first law reporter, The Syllabi. The eight-page pamphlet was published weekly, delivering to its readers the decisions of the Minnesota Supreme Court. Within a year, the publication enlarged to include the decisions of Minnesota’s federal courts, and notes from Wisconsin cases and other nearby jurisdictions. 

Though other case reports had existed in some states, The Syllabi was the first serial publication issued on a regular basis exclusively devoted to the publication of court decisions. West focused on publishing all of the court’s decisions, unlike American Reports, a popular publication featuring only outstanding decisions. This made his product attractive to practitioners, who were able to buy his reports more quickly and cheaply than certified copies from the court. West made his mission clear in The Syllabi’s first issue:

"The syllabi of the decisions of the Supreme Court of Minnesota have heretofore appeared in the daily papers only as it happened to suit the convenience of a reporter, or when a scarcity of news made them useful in filling up space, sometimes being in one paper, and sometimes in another.

"It has been a matter of much annoyance to the attorneys of our State that these decisions have not been published regularly in some one paper ,immediately after being filed, and well knowing the importance of such a publication to the profession, we purpose issuing the "Syllabi." . . .

"We shall endeavor to make the Syllabi indispensible to Minnesota Attorneys, by making it prompt, interesting, full, and at all times thoroughly reliable, and the better to enable us to do so we respectfully request the cordial support of the members of the Bar."

By 1879, the publication had grown to include the decisions of the supreme courts of states surrounding Minnesota, the Northwestern Reporter. From there, West continued to expand, publishing reports across the nation. This was the beginnings of the National Reporter System, the primary publication route for opinions from the federal courts of appeals, the federal district courts, and state appellate courts. Now that opinions were available in such great number, they needed some system of organization. West created the American Digest System in response, which allowed for cases to be classified by topic and key number. Though most today do not know there was an actual “West” behind Westlaw, what John B. West began 138 years ago today still informs American legal research and has shaped the modern practice of law. 

Friday, October 17, 2014

Resources on the Ebola Outbreak


If you are looking for information about the Ebola outbreak, the Congressional Research Service has released a few helpful publications related to the topic, some of which highlight the legal issues involved.
Other information about the outbreak can be found on the National Library of Medicine website, the World Health Organization website, and the Centers for Disease Control website 

Wednesday, October 15, 2014

Law Library of Congress Offers Free Access to Historical U.S. Legal Materials from HeinOnline

The Law Library of Congress just announced that they will now provide free access to some historical U.S. legal materials through an agreement with William S. Hein & Co.  These materials can be accessed through their Guide to Law Online: U.S. Federal and are pulled directly from the HeinOnline database.  Users can download files up to 20 pages per download. 

The new collection includes four titles:
  • United States Code (1925-1993)
  • United States Reports (1754-2004)
  • Code of Federal Regulations (1938-1995) 
  • Federal Register (1936-1993) 
As a reminder, more recent federal legal materials can be accessed through the Government Printing Office’s FDsys website.  This website has the recent years of the United States Code (1994- ), Code of Federal Regulations (1996- ), and Federal Register (1994- ).  Recent volumes of the United States Reports are posted on the Supreme Court website.  

To access these historical materials, visit the Guide to Law Online: U.S. Federal.  For more information about this collection, see the Law Library of Congress' In Custodia Legis blog.