Hearsay | Spring 2017 by University of Kansas School of Law

News from KU’s Wheat Law Library | Spring 2017

Legal research in the ‘fake news’ era

Mindfulness as a form of professional development

When the law school outgrew Green Hall

Green Hall | 1535 W. 15th St. Lawrence, KS 66045-7608 law.ku.edu/library lawref@ku.edu

DIRE

DIRECTOR’S CORNER Welcome to the Spring 2017 issue of Hearsay, the newsletter of the University of Kansas School of Law Wheat Law Library. Although it has only been a matter of months since the publication of our last issue, I am sure many of you share my perception that 2016 is but a distant memory. Since that time, KU Law students have enjoyed a remarkable number of moot court victories, the Jayhawk basketball team delivered another exhilarating Elite 8 season, and it is also my understanding that an election of some sort recently took place. Throughout all of these events and many more, the Wheat Law Library faculty and staff have continued to deliver the reliable resources and multi-faceted services that connect our varied constituencies to the information they need. Our success in fulfilling this mission can be measured in many different ways. The most visible, and perhaps my favorite, form of evidence is the considerable number of students who utilize the library on a daily basis. The quiet murmur of collaborative study groups, occasionally punctuated with a bit of raucous laughter or intense debate, is one of the surest signs that we continue to be a vital component of the law school community. In this issue, you will find contributions reflective of our staff’s eclectic collection of talent. Familiar offerings, such as the Bluebook Relays results and information about National Library Week, demonstrate our ongoing commitment to some of our favorite, longstanding traditions. On other pages, you will find pieces on topics ranging from the unique benefits of mindfulness to an insightful history of the law library dating back to “old” Green Hall. If those do not pique your interest, perhaps you have always been curious about the path that library materials follow from the vendor, to the bookshelf,

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to your desktop. If so, we have an article detailing the intricacies of backroom acquisitions processing that might entice your attention. Alternatively, perhaps a brief meditation on information literacy and “fake news” is what you need to keep pace with the non-stop news cycle of controversial political and legal happenings. Much like the Wheat Law Library itself, this issue of Hearsay has a little something for everybody.

As winter gives way to the warmth of spring, I invite you to rejuvenate your intellectual curiosity, reenergize your scholarly pursuits, and discover the legal information you need with us here at the library. Students can find a wide variety of study aids to prepare for exams, faculty can find untold numbers of hidden treasures buried within several recently added databases, practitioners can utilize our public access Westlaw terminals for affordable and efficient legal research, and public patrons can always count on a friendly and helpful law librarian to aid in their search. Whether you are seeking information about the latest Supreme Court nomination, an obscure bit of KU history, or anything in between, the Wheat Law Library remains a one-stop-shop for your information needs. Until next time, I look forward to seeing you in the library.

Christopher L. Steadham, JD, MLIM Wheat Law Library Director

Team Pro Bone-O reigns as 2016 Bluebook Relays Champions Jeff Montgomery Circulation/Serials Departments Manager Another raucous edition of the Barber Emerson Bluebook Relays enlivened Green Hall over the lunch hour on Oct. 28, 2016. Organized by the library’s own Jeff Montgomery and sponsored by the Lawrence law firm Barber Emerson LC, the 27th annual Bluebook Relays were a smashing success. The 2016 title was ultimately captured by Sarah McMillin-Beckman’s “Pro Bone-O” team, which joins a long line of proud Bluebook Relays champions. The Relays are a special and cherished tradition for KU Law that provides 1Ls with a brief respite from memo writing and tests their newly acquired legal citations skills. Each small section competes with a team of 10 members, including one Bluebook “expert.” Usually held around Halloween, the Relays also feature outrageous costumes and spirited but friendly competition. Ali Kryzer’s “Torts Illustrated” team won the 2016 Spirit Award.

Sarah McMillin-Beckman’s Team Pro-Bone-O (below) won KU Law’s annual legal citation competition, while Ali Kryzer’s Torts Illustrated (above) was deemed the most spirited team.

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Game of Books Melissa Doebele Library Assistant I’d say a certain season is coming, but that phrase is trademarked and it’s also not chronologically accurate. Most people probably don’t think that library work, especially the process of acquiring and cataloging books, is as complex as a certain HBO show, but it’s a lot more complicated than one might realize. The Wheat Law Library gets automatic shipments of law-related materials from vendors like the American Bar Association and GOBI. Library staff also order books directly from vendors as varied as West Academic, LexisNexis, and Amazon. When books arrive, the cataloger searches for a record of each book in OCLC (Online Computer Library Center). OCLC can be best described as the electronic version of the traditional card catalog. OCLC records data including a book’s call number, table of contents, author and publisher. The cataloger exports the OCLC records into Voyager, the ILS (Integrated Library System) used by all KU Libraries. Voyager is the behind-the-scenes version of what patrons see in the public side of the catalog. The Wheat Law Library uses three different modules in Voyager: acquisitions, cataloging and circulation. Staff use the circulation module to check materials in and out, place holds, track lost items and take care of fines. Acquisitions is used to create PO (purchase order) numbers, track invoices and check in serials. After the OCLC record is imported into the cataloging module, staff can make changes like adding volume or copy numbers, if applicable. This is also the place where a book’s barcode is scanned into the record.

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Each book gets a PO number in acquisitions. This helps staff track the cost of the item and what vendor it came from. The PO number is written on the invoice that arrives with the book, and invoices are tracked in acquisitions by a unique number assigned by the vendor. Also written on the invoice is the funding code that helps the accountant determine what part of the budget will be used to pay for the materials on the invoice. There are different codes for books, journal subscriptions, databases and audio/visual items. While most library materials are paid out of the main budget, an endowment fund may also be used. The Wheat Law Library has access to several endowed funds, which tend to be named after those who contributed money to the fund. While some funds are unrestricted and can be used to purchase anything, some can only be used for specific items. For example, the James Barclay Smith fund can only be used to pay for constitutional law materials. Endowment funds are noted on the invoice for the accountant and also tracked in acquisitions. Book plates are placed in items paid for by endowment funds and are added at the same time the book is stamped and labeled. Then the book is shelved and ready to be checked out. Believe it or not, this is a simplified version of how books are processed. In addition to the work described in the previous paragraphs, librarians also keep a lot of statistics — but I won’t bore you with that. Hopefully this has given you some insight into how complex library work can be. With the thousands of books that the Wheat Law Library has in its collection, you’re bound to find something of interest. So stop by the library and grab a book because ... summer is coming.

Can meditation help your legal career? Blake Wilson Assistant Director, Instructional & Research Services I have been practicing Zen for roughly 10 years. In April, I will be ordained a Novice Lay Monk in the Kwan Um School of Zen. In the past few years, I have noticed meditation and mindfulness gaining traction in the legal community, and for good reason. Meditation is a great tool for training oneself in dealing with natural reactions as they arise. While you may naturally think, “What a great tool for managing stress,” it goes far beyond that. Meditation is a time when you get to put down the study and practice of law and instead study you. So what’s the difference between mindfulness and meditation? The Zen Monk in me wants to simply say, “Nothing.” To truly benefit from any type of mindfulness training, you should have some type of contemplative practice. The point here is taking the time to do a practice that allows mindfulness to happen. Mindfulness, on the other hand, is more of a mental state. It is an awareness of the present moment which allows one to calmly acknowledge and accept one’s feelings, thoughts and bodily sensations without judgment, then react in an appropriate manner.

In 1979, Jon Kabat-Zinn founded the Stress Reduction Clinic at the University of Massachusetts Medical School. As a member of the Kwan Um School of Zen, KabatZinn adapted Buddhist teachings on mindfulness and developed Mindfulness-Based 10 ways to be Stress Reduction (MBSR). He more mindful removed the 1. Be constantly present. Buddhist frame2. Use short mindful exercises. work and placed 3. Be a single-tasker. mindfulness in a 4. Use mindful reminders. scientific context. 5. Slow down to speed up. 6. Make stress your friend. Since its inception, 7. Feel gratitude. MBSR has proven 8. Cultivate humility. time and time 9. Accept what you can’t change. again to be highly 10. Adopt a growth mindset. effective. It not only reduces stress but also increases immune response and positive emotions. Recent studies in neuroscience and psychology suggest that mindfulness practice increases the ability to concentrate, enhances perceptual acuity and resolution, and increases one’s ability to be make empathic connections and be present with challenging situations.

Return to Green CLE April 21, 2017 Recent Developments in the Law CLE May 18-19, 2017 Reunion/Homecoming Weekend Oct. 6-7, 2017

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Old Green Hall, 1905-1979 Bruce Chandler, Technical Services Manager Before the construction of “old” Green Hall in 1904, law school classes were held in various buildings around campus. The law books students used came from James Woods Green’s personal library, which he had moved from his downtown Lawrence law office in 1887, and the personal library of Judge Solon O. Thatcher, a prominent Lawrence attorney who Green had practiced with when he first arrived in Kansas. The law school’s new building, ready in 1905, was named Green Hall by the law students to honor their beloved “Uncle Jimmy.” When the school moved from a couple of lecture halls in old Fraser Hall to Green Hall, the make-do collection had just over 3,000 volumes. Now with space for a library and reading room, the second floor of Green Hall could hold 20,000.

The 1969 document, “The Need for a New Building for the University of Kansas School of Law: Statement of the Faculty,” illustrated the desperate need for a new building and detailed the working and teaching conditions in Green Hall. The roof leaked, there was no air conditioning, and haphazard remodeling meant that things were always in a state of piecemeal renovation. Classrooms were not large enough to hold all the students. Mice and mold prevailed. Recruiting new law faculty and students became a challenge as prospective candidates would step into Green Hall and gasp. Martin Dickinson and Webb Hecker, both on faculty in the late 1960s and early 1970s, shared a few stories about those days. Professor Dickinson remembers how tough it was to hold class. Jayhawk Boulevard was a busy thoroughfare. Endless automobile traffic was congested and loud, and there were constant streams of students, as classes were concentrated on Mount Oread. With no air conditioning, windows were open for circulation, only to bring in the noise, dust, insects and pigeons.

As law school attendance grew, classrooms and offices became cramped. The law library’s collections had also grown quickly, thanks to the law school’s legendary first law librarian, Hazel Anderson. “Andy,” as she was known, came on board in 1936. Running the law library while also attending law school, Andy lobbied for increased funding and began to build a formidable law collection. By 1946, with a collection now pushing 50,000 volumes, the once-spacious second floor was crammed full. Urgent plans called for a three-story addition to Green Hall to house the library’s collection, spurred by state building engineers condemning the library and the second floor in 1951, ordering that no more books could be added. When construction finished in 1953, there were seven stories with space for 100,000 volumes. By the 1960s, Green Hall was deteriorating. Many original university buildings had been torn down and replaced. Others were undergoing renovation, but calls for a new law school building were ignored. The library addition, built hastily, was more like a bomb shelter than a library. The floors were cramped, ventilation was poor, and again the library quickly filled to capacity. 6

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Green Hall, 1972.

Professor Hecker said that the library stacks in the addition were dark and cramped. The study carrels were almost never used, as temperatures reached more than 100 degrees in warm weather. The spacious reading room of yore was now the only place for students to socialize, so the study area was noisy and crowded. Jeff Montgomery, the Wheat Law Library’s circulation and serials manager, recalled the miserable state of Green Hall when he began working as a student shelver in the

mid-1970s. Books were stacked on windowsills, on the floor and against the walls. Library staff were packed into a small work area with exposed wiring and dangling phone lines. One librarian was forced to have his office in the dreaded stacks because there was no other space available. The Statement of the Faculty described how the collections were deteriorating because of heat and humidity, and that library positions remained vacant because no one wanted to work there. It was tough on the books and tough on staff — 9,000 volumes had moved to off-site storage. In 1971, Professor Dickinson was asked by the chancellor to be dean of the law school. He agreed on one condition — a new law school building. The chancellor agreed, and the wheels started rolling. With a new building on the horizon, what would be the fate of “old” Green Hall? James Woods Green had been dean of the law school for 41 years, from 1878 to 1919. In 1924, four years after his death, his iconic statue was placed at the steps of the law school. Listed on the National Register of Historic Places in 1974, Green Hall escaped demolition.

Green Hall, October 1972 with a view of the seven-story 1953 library addition.

The last class at “old” Green Hall was taught Saturday morning, Oct. 15, 1977. Classes at new Green Hall started Monday, Oct. 17. Old Green Hall was renamed Lippincott, for Joshua Lippincott, KU’s fourth chancellor, on Oct. 23, 1979. It now houses the Office of Study Abroad, the Applied English Center and the Wilcox Classical Museum. Photos by law student Larry Yackle, L’73, from a term paper written for a seminar in Historic Preservation Law, taught by Professor Paul Wilson.

Libraries Transform Pam Crawford Assistant Director, Public & Technical Services In the 1950s, research had shown that Americans were spending less time reading books and more on radios, televisions and other entertainment. In 1954 the American Library Association (ALA) and the American Book Publishers formed the National Book Committee to respond to this issue, and in 1958 National Library Week (NLW) was born. The first theme was “Wake Up and Read!” After the second NLW in 1959, the ALA council voted to continue it as an annual celebration. This year’s theme is “Libraries Transform.” The Wheat Law Library’s week-long celebration will include: • Decorations throughout the library • “Cake in the Commons” for faculty, staff and students • “National Library Workers Day” with gold stars for library staff in recognition of the valuable contributions made by all library workers • Fun surprises for our students during the week

Wheat Law Library, like all of today’s libraries, is not just about what we have for people, but what we do for and with people … a real cause to celebrate! Wheat Law Library | Hearsay

Research in the era of ‘fake news’ Nicholas Birdsong Faculty Services Senior Researcher A parent seeking information on how to care for a child with the flu might conduct a quick online search for natural remedies and find sources that suggest that their child should consume raw milk and avoid flu shots. Other sources, such as the CDC and Harvard Medical School, recommend giving children flu shots as a preventative measure. The FDA claims that raw milk lacks any therapeutic benefit and is dangerous to consume, especially for children. Choosing who to believe regarding flu treatments could cause a parent to either save or endanger their child’s life. Recently, the threat of misinformation has risen to the forefront of public consciousness with the popularization of the term “fake news.” Countless false news stories spread on social media throughout the 2016 U.S. presidential campaign, leading some to speculate on whether fake news could have influenced the outcome. The president has labeled the New York Times, CNN, ABC, NBC and CBS “fake news.” The research process exists to discover true and properly contextualized information to answer questions. Inaccurate research may lead to bad decisions, from how to care for sick children or whom to support politically. Reliable academic research requires understanding the trustworthiness of sources. Discerning the truth through research faces many obstacles. Truth may be unknowable, making the best research only capable of finding what is most likely true based on apparent indicators. Sources may lie, mischaracterize, confuse, disagree, make mistakes, be driven by bias or argue a perspective without context. New information may cast doubt on previous findings. Researchers may commit errors. The pursuit of the truth remains essential and productive despite the challenges. With practice, diligence and refined 8

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methodology, the likelihood of false conclusions declines. Parents who know where to look for reliable health information will be more able to appropriately care for their sick kids. A well-informed and skeptical public will be less likely to fall victim to “fake news.” Lawyers and academics will be more able to make sound recommendations. But how? Recognizing the uncertainty of existing beliefs and information sources provides a foundation for good research. Flawed preconceptions may exclude new, more accurate sources and overweigh poor sources that conform to expectations. Understanding the accountability and motivation of sources can offer insight into credibility. Peer-reviewed journals usually feature authors with exceptional qualifications. Journal articles are more likely to be challenged, thoroughly considered, unbiased and accurate. Blogs and websites may feature anonymous or unknown authors with no accountability for the accuracy of their work. Government sources and wellknown organizations face accountability for flawed information, making them comparably more reliable. Several other techniques can be utilized to evaluate sources. Recent information tends to be more reliable than old information, as some conclusions may be disproven through new discoveries or technological advancements. Several sources that agree make it more likely that the facts are true. Logical conclusions may be more convincing, although faulty premises and fallacies can manipulate readers into believing bad information. Unbiased sources almost always shy away from subjective or emotional language, but biased sources may not. Evaluating competing sources of information can be a challenge in everyday life, politics, the law and academics. Experience, skepticism and evaluative techniques lead to good research that can benefit decision-making processes. In some cases, at the risk of sounding hyperbolic, knowing what information to trust can be a matter of life or death.

Library staff directory Christopher L. Steadham, Director csteadham@ku.edu | 785-864-9242

Nicholas Birdsong Faculty Services Senior Researcher nicholas.birdsong@ku.edu 785-864-9272

Bruce Chandler Technical Services Manager bchandler@ku.edu 785-864-3168

Pam Crawford Assistant Director, Public & Technical Services pcraw4d@ku.edu 785-864-9264

Melissa Doebele Library Assistant mdoebele@ku.edu 785-864-3360

As the largest and oldest law library in Kansas, the Wheat Law Library is an integral part of the School of Law. It serves the law school and university community in legal and interdisciplinary scholarly pursuits and provides attorneys, judges, and the general public with access to legal information. Key components of this mission include collecting and preserving Kansas, national, and international legal documents, teaching legal information literacy, and serving as a legal information gateway by providing access to sources beyond the scope of the physical collection.

LIBRARY HOURS March 26 - April 18, 2017 Mon - Thur 7:30 am - 11 pm Friday 7:30 am - 5 pm Saturday 9 am - 5 pm Sunday 10 am - 11 pm

Jeff Montgomery Circulation & Serials Department Manager jmontgom@ku.edu 785-864-9252

W. Blake Wilson Assistant Director Instructional & Research Services wilsonwb@ku.edu 785-864-9253

EXAM HOURS April 19 - May 5, 2017 Mon - Thur 7:30 am - 1 am Friday 7:30 am - 10 pm Saturday 9 am - 10 pm Sunday 10 am - 1 am Friday, May 5 7:30 am - 5 pm Wheat Law Library | Hearsay