Ruth Lilly Law Library
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The Ruth Lilly Law Library serves as the information resource center for the Indiana University Robert H. McKinney School of Law and also provides legal information to the IUPUI campus, federal, state, and local government agencies, and the citizens of Indiana.
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Item We Take Judicial Notice: Non-English Terms in Modern U.S. Case Law(2024) Little, LeeIn light of growing linguistic pluralism in the United States, courts increasingly grapple with terms from languages other than English. This article investigates the usage of non- English terms in U.S. case opinions since the end of World War II.Item Litigation involving patients with slipped capital femoral epiphysis(2023-03-17) Loder, Randall T.; Little, Lee; Kathryn E., CordellBackground Slipped capital femoral epiphysis (SCFE) is a hip disorder of late childhood and adolescence. Litigation involving SCFE may occur, as it is frequently diagnosed late, and/or may be temporally related to an injury. The purpose of this study was to review litigation cases involving SCFE in the US, focusing on the type of litigation (professional, premise, or product liability), the outcome of the litigation and indemnity payouts. Methods Cases of litigation involving SCFE were identified using 5 legal databases and Google Scholar searching for the term “slipped capital femoral epiphysis”. These databases originated as early as 1973. The data collected was the alleged complaint, type of defendant, outcome, state where filed, and amount of indemnity payout. Payout amounts were converted to 2020 US$. Statistical analyses were performed with SYSTAT® 10 software. Results There were 135 unique cases identified which involved professional liability (103), premise liability (30), both premise and professional liability (1), and product liability (1). Complaints for professional liability cases were alleged failure in diagnosis (71), inappropriate treatment (14), both diagnosis and treatment (12), and others (7). The delay in those with an alleged late diagnosis (37 cases) was 5.8 months. The three most common specialties named as defendant(s) were primary care (31%), orthopaedic surgeons (29%), and radiologists (16%). The primary allegations against non-orthopaedic surgeons were failure in diagnosis (89%) as opposed to orthopaedic surgeons where the complaints of alleged failures in diagnosis and inappropriate treatment were equal (50%). The geographic region of the filed cases was the Northeast (44%), South (24%), Midwest (16%), and West (16%). There were no differences between premise and professional liability cases by geographic region. The overall outcome was favorable for the defendant(s) in 53% and the plaintiff in 47%; the defense prevailed in 60% of the professional liability but only 33% of the premise liability cases. The indemnity payout amount (for the 52 cases where known) averaged $1.28 million. Payout was higher in the complaints for professional compared to premise liability ($1.5 vs. $0.9 million). The average payout for those with and without avascular necrosis was $2.97 million vs. $1.02 million. For the professional liability claims, indemnity payout was most frequent in the Western US. It must be remembered that this study only represents law suits filed in the US court system. It does not include cases that might have been resolved prior to any legal action as those cases are not publicly available. Conclusions Reported litigation involving SCFE patients involved claims of professional liability in 77% and premise liability in 22% of located cases. Due to significant exposure, this study should serve as a reminder to all health care providers to include SCFE in the differential diagnosis of knee/thigh pain in adolescents.Item Review of The Oxford International Encyclopedia of Legal History(2010) McCloud, Jacquelyn N.Item Review of Hollywood's Copyright Wars: From Edison to the Internet(2013) McCloud, JacquelynItem Review of The U.S. Justice System: An Encyclopedia(2012) McCloud, Jacquelyn N.Item Forging a New DEI-Focused Track for Librarian Promotion and Tenure(2023-03-16) Stone, Sean; Little, Lee; Pieczko, Brandon T.A large, four-year institution recently approved an official promotion and tenure track for faculty focusing on diversity, equity, and inclusion. All schools and academic units were tasked with developing new promotion and tenure standards in accordance with campus mandates and requirements but tailored to address the needs of specific disciplines and academic units. There were two main goals for this new track: 1) to formally recognize professional diversity, equity, and inclusion activities as a path for promotion and tenure with a focus on the professional narrative and incorporating new measures of success and impact including greater emphasis on community engagement, and 2) to develop a more holistic approach to reporting professional activities and achievements by uncoupling them, as much as possible, from the standard system of “binned” categories such as research, service, and performance). This poster outlines the work of a group of faculty librarians in developing these standards for librarian promotion and tenure. An ad hoc group of faculty librarians was formed by the campus Librarian Faculty Council with representatives from all the libraries on campus. Committee members came from many different points in the promotion and tenure process; from early career, pre-tenure librarians to those that had completely been through the process and even served on promotion and tenure groups and committees. The group went through several cycles of development of DEI promotion and tenure standards based on campus level documents and feedback from representatives to other DEI-focused campus groups, and of course, other faculty librarians. While the work was done with extensive input from various stakeholders at various levels, there was no finished archetype on which to base the final document. Additionally, campus level standards and expectations continued to develop and change throughout the process meaning the group was aiming for a moving target. Another major challenge was producing standards that were less prescribed and holistic to allow for greater freedom in the construction of candidates’ professional narratives; the recognition of DEI-focused professional activities; and the inclusion of novel metrics for demonstrating impact while still providing ample guidance and examples so that candidates would have enough guidance without feeling constrained. It was also critical for the librarian standards to match standards mandated at the campus level (often grounded in more traditional metrics and categories) while at the same time being more inclusive of DEI activities without giving DEI-track candidates the feeling that they were actually doing more work than other candidates presenting more traditional cases for promotion and tenure. It was also important to the committee to create a document that would be as easy as possible for mentors, reviewers, and members of the various promotion and tenure committees to use for guiding and evaluating candidates. The new standards were approved by library faculty in spring of 2022 and the first candidates for third-year reviews and promotion and tenure will begin utilizing them to construct their dossiers and narratives.Item It's Time to Legislate for Library Access to E-books(2022-11-02) McCloud, JackieItem Should Supreme Court Justices Fear Access to Their Papers? An Empirical Study of the Use of Three Archival Collections(2022) deMaine, Susan David; Keele, Benjamin J.US. Supreme Court justices typically donate their working papers to archives upon their retirement, often with lengthy embargoes. Researchers have debated whether the justices should be required to retain and disclose their papers as government records, but there has been little study of how the papers are used in scholarly and journalistic discussions of the Court. This empirical study examines how the papers of Justices William Brennan, Thurgood Marshall, and Harry Blackmun are used via citations in books and academic law journal articles. We find that most citations to the papers support discussions of the justices' views on the law along with deliberations and negotiations when deciding cases, precisely the kinds of uses that show the value of transparency. To address constitutional objections to mandated disclosures, we propose an incentive grant program that benefits the archives receiving justices' collections. This program would encourage justices to donate their papers with relatively short embargoes, ideally fifteen years after retirement from the Court.Item Ending Law Review Link Rot: A Plea for Adopting DOI(2022-06) Craigle, Valeri; Keele, Benjamin J.; Retteen, AaronThough the vast majority of law reviews are now published online, very few law review publishers use persistent URLs, like DOI, to provide stable online access. The purpose of this article is to encourage law reviews to implement DOI, and demystifies the process for doing so.Item Approaches to Authenticating Legal Materials Pursuant to the Uniform Electronic Legal Material Act(2022-03) Keele, Benjamin J.