Miranda v. Arizona: Fifty Years Later

ernestomiranda640On June 13, 1966 the United States Supreme Court handed down the decision in Ernesto Miranda v. the State of Arizona, 384 U.S. 436 (1966). This case was actually consolidated with three others: Westover v. United States, Vignera v. State of New York and California v. Stewart, however, this case has become known to be simply Miranda v. Arizona.

Ernesto Miranda was arrested in Phoenix, Arizona in March 1963 based on circumstantial evidence linking him to the kidnapping and rape of an eighteen year old woman named Mary Adams ten days prior to his actual arrest.  At the police station, after hours of interrogation, he signed a confession. During the interrogation Miranda was not told of his right to counsel.  During the trial the prosecutor entered his confession as evidence; Miranda’s attorney objected, stating that the confession was not truly voluntary and should be excluded. This objection was overruled and Miranda was convicted of rape and kidnapping at trial. The Arizona Supreme Court affirmed the trial court’s decision.

Miranda’s case and three other similar cases were appealed to the United States Supreme Court, with the Court handing down their decision fifty years ago this month.  The Miranda case has become famous because it establishes a defendant’s right to counsel and of the right against self-incrimination.  Judge Earl Warren wrote for the majority, in the 5-4 decision, that these rights were guaranteed by the Fifth and Sixth Amendments to the Constitution.

After the Supreme Court’s decision, the state of Arizona retried Miranda without the confession, but he was convicted on the strength of a witness and sentenced to 20 to 30 years in prison. He served eleven years and died in 1976, after being stabbed in a bar fight.

“Miranda Rights” have come to be known by the public through television shows and movies as the “right to remain silent” and “anything said can and will be used against in a court of law.” Hundreds of law review articles have been written about this case and a defendant’s “Miranda Rights.”  The library also has a number of books about the Miranda case, including the titles listed below:

Miranda: the Story of America’s Right to Remain Silent by Gary Stuart (2004).

The Miranda Debate:  Law, Justice, and Policing by Richard Leo (1998).

The Miranda Ruling: Its, Past, Present, and Future by Lawrence Wrightsman (2010).

Miranda Revisited by Frank Schmalleger (2001).

Episode 097 – Conversation with Prof. Heidi Brown

Episode 097 – Conversation with Prof. Heidi Brown.mp3

Heidi BrownIn this podcast, Brooklyn Law School Professor Heidi Brown talks about her article, The Emotionally Intelligent Law Professor: A Lesson from the Breakfast Club, 36 University of Arkansas at Little Rock Law Review 273 (2014). The article examines the importance of teaching Emotional Intelligence (EI) as part of the law school curriculum and as a component of “professionalism.” In April 2016, Professor Brown joined the faculty at Brooklyn Law School as Director of the Legal Writing Program after serving as Associate Professor of Law at New York Law School, where she helped launch that school’s Legal Practice program. Before that, she was an Associate Professor of Legal Research and Writing at the Chapman University Dale E. Fowler School of Law in Orange, California. A prolific scholar and author on the importance of legal writing, she has published four books on predictive and persuasive legal writing and federal litigation, and other scholarly articles for law journals. Prof. Brown is  working on a forthcoming book The Introverted Lawyer.

Oyez Project Gets New Home

supremecourtThe Oyez Project, a free repository of more than 10,000 hours of U.S. Supreme Court oral-argument audio and other court resources, will be getting a new home.

Developed by Prof. Jerry Goldman, Oyez has had its home at the IIT Chicago-Kent College of Law  for over 20 years.  It is a complete and authoritative source for all of the Supreme Court’s audio since the installation of a recording system in October 1955.  Oyez also provides detailed information on every justice throughout history and offers a panoramic tour of the Supreme Court building, including the chambers of several justices.

Prof. Goldman is retiring this month and a new arrangement for the Project has been formed with Cornell University’s Legal Information Institute and Justia.   All of the information of the Oyez Project will not be available at the Legal Information Institute website.

Court Ruling in Touro Synagogue Dispute

This week the NY Times published an intriguing article on the resolution of a four year legal battle over ownership of personal property, silver Torah ornaments called rimonim, used in worship services in the nation’s oldest existing synagogue, Touro Synagogue in Newport, RI.  Judge John J. McConnell, Jr of the US District Court for the District of Rhode Island issued a 106 page opinion in favor of Congregation Jeshuat Israel, worshippers at the 252-year-old Touro Synagogue in Newport who have been battling Shearith Israel in New York City for control of the temple and the right to sell a pair of historic ceremonial ornaments worth millions of dollars. The suite was originally filed in Rhode Island Superior Court, Newport County, in November 2012 and later removed to federal court. Judge McConnell’s opinion begins;

Bricks and mortar of a temple, and silver and gold of religious ornaments, may appear to be at the center of the dispute between the two parties in this case, but such a conclusion would be myopic. The central issue here is the legacy of some of the earliest Jewish settlers in North America, who desired to make Newport a permanent haven for public Jewish worship. Fidelity to their purpose guides the Court in resolving the matters now before it.

torah bellsTouro Synagogue was established in 1763. During and after the Revolutionary War, most of the Newport’s Jewish residents moved away, many of them to New York. By the 1820s, no Jews were left in Newport, and Congregation Shearith Israel became Touro’s trustee. The two congregations began to feud when the Touro congregation tried in 2012 to sell the bells made by a noted 18th-century silversmith, Myer Myers to the Museum of Fine Arts in Boston for $7.4 million to improve the synagogue’s fiscal health. The New York congregation protested and Congregation Jeshuat Israel filed the lawsuit. Since, the museum withdrew the offer leaving the dispute to be decided by the federal court.

Touro Synagogue has become a national historic site drawing visitors from all over the world every year. Its most famous visitor was the nation’s first president George Washington who in 1790, stopped at Touro. After his visit he sent the congregants a letter saying the government of the United States “gives to bigotry no sanction, to persecution no assistance.” It is considered an important pledge of the new nation’s commitment to religious liberty. A search of Brooklyn Law School Library’s ProQuest Congressional database, available to members of the BLS community, will lead to 107 H. Con. Res. 62 dated July 17, 2001. The title of the resolution is “Expressing the Sense of Congress That the George Washington Letter to Touro Synagogue in Newport, Rhode Island, Which Is on Display at the B’nai B’rith Klutznick National Jewish Museum in Washington, DC, Is One of the Most Significant Early Statements Buttressing the Nascent American Constitutional Guarantee of Religious Freedom”.

Summer Access (& Beyond) to Bloomberg, Lexis & Westlaw

The three legal research databases, Bloomberg Law, Lexis Advance and WestlawNext, are available to Brooklyn Law School students this summer.  May 2016 graduates will have access to these databases for six months after graduation.  See the details below:

bloomberglaw65Bloomberg Law:  Provides unlimited and unrestricted access over the summer.  Student accounts will remain active and available all summer.  Graduating students have continued access for six months after graduation.

For questions, contact Maxwell Sivin, Law School Relationship Manager, msivin@bna.com, 646-494-5244.

Lexis AdvanceLexis Advance:  Students will have continuing access all summer for academic, professional, and non-profit research.   All legal and news content will be available.  Your law school ID will remain active all summer.  Summer access begins on the date spring classes end through the beginning of fall classes.

Please check with your summer employer as to their ID guidelines. Some employers may request you use a work ID instead of your student access ID for employer work.

May 2016 graduate have access to Lexis for six months after graduation.

For questions, contact Mary Beth Drain, LexisNexis Account Executive, marybeth.drain@lexisnexis.com, 845-598-3203.

99b7a752.WestlawNext_logoWestlawNext:  Students must extend their passwords for the following academic uses:

  • Summer law school classes & study abroad programs
  • Law Review and Journal, including writing competitions
  • Research assistant
  • Moot Court
  • Unpaid internship/externship

Students with summer employment in law firms, corporations, government agencies and the like should not use their academic password for research and must use their firm issued password.

Students can complete the online summer extension form on the Westlaw homepage at www.lawschool.westlaw.com.  Students will see a banner if they are a 1L or 2L that says “Using Westlaw in the Summertime?”  Then, they should click on the banner and complete the online summer extension form to extend their Westlaw accounts.

Graduates will see an extension form that says “Grads, Want More Westlaw?”  on the Westlaw law school homepage.  Graduates can extend their student accounts by clicking on the banner form and then they will have their access extended through 11/30/16 (for six months after graduation).

For questions, contact Stefanie Efrati, West Academic Account Manager, stefanie.efrati@thomsonreuters.com, 212-548-7432.

Are You a 1L and Anxious About Finals? Check Out the BLS Library Study Aid Collection

Are you feeling nervous about exam preparation?  Come to the library and take a look at our 1L study aid collection.  Along with your own class outlines, these study aids can be very helpful with exam preparation.  Our collection includes Examples & Explanations, Nutshells, Understandings Series, and more.  Most of our study aids are on reserve behind the circulation desk.  See any member of our circulation staff to check out a study aid.

Want more information about the BLS study aid collection?  Visit our 1L Resources, Tips, and Tools legal research guide here: http://guides.brooklaw.edu/c.php?g=330909&p=2222538

Also, even though classes are over, keep in mind that reference librarians are still available at the reference desk to answer any of your research questions.

From all of us at the BLS library, best of luck on your exams!

 

Copyright and “We Shall Overcome”

Earlier this month, a class-action complaint was filed in the US District Court for the Southern District of New York in the case of We Shall Overcome Foundation v. The Richmond Organization, Inc. (TRO Inc.) et al. addressing ownership of “We Shall Overcome,” the unofficial anthem to the civil rights movement and a song the Library of Congress called “the most powerful song of the 20th Century”.  According to the late folk singer Pete Seeger, the song became associated with the Civil Rights Movement in 1959, when Guy Carawan sang it  at Highlander, which was then focused on nonviolent civil rights activism. Seeger and other famous folksingers in the early 1960s, such as Joan Baez, sang the song at rallies.

The copyright dispute against the two music-publishing companies, Ludlow Music and the Richmond Organization, seeks a judgment from the court declaring that the defendants’ copyright claim is invalid and ordering the defendants to disgorge previously collected licensing fees. According to the complaint, defendant TRO filed copyrights for “We Shall Overcome” in 1960 and 1963 and has collected millions of dollars in fees over the decades. The law firm for the plaintiff is Wolf Haldenstein, which was involved in the recent successful challenge to Warner/Chappell Music’s claims that it owned the copyright to “Happy Birthday to You.”

The filing argues that TRO-Ludlow’s copyright claims were invalid for several reasons: because it had not been renewed (as required by United States copyright law at the time), the copyright of the 1948 People’s Songs publication containing “We Will Overcome” had expired in 1976. Additionally, it was argued that the registered copyrights only covered specific arrangements of the tune and “obscure alternate verses”, that the registered works “did not contain original works of authorship, except to the extent of the arrangements themselves”, and that the registered copyrights stated that the works were derivatives of a work entitled “I’ll Overcome” which did not exist in the database of the United States Copyright Office.

music businessThe Brooklyn Law School Library has in its collection several items related to copyright and music. See for example All You Need to Know about the Music Business by Donald S. Passman (Call # ML3790 .P35 2015) which is on Course Reserve at the Circulation Desk. For more than twenty years, this book has been universally regarded as the definitive guide to the music industry. Now in its ninth edition, this latest edition leads novices and experts alike through the crucial, up-to-the-minute information on the industry’s major changes in response to today’s rapid technological advances and uncertain economy.

Prince’s Legacy of Music, Copyright Law and More

The artist Prince (born Prince Rogers Nelson) leaves behind, not only a legacy of music and pop culture, but also a legal legacy dealing with contract law, copyright litigation, and the law related to name changes. Prince’s famous name change in the 1990s during a contractual fight with Warner Brothers is legendary. He changed his name to a glyph that merged the symbols for man and woman and was also the title of his most recent album. Rolling Stone magazine ranked it as the fourth-boldest career move in rock history. Frustrated because Warner Bros. refused to accommodate his prolific ways, he took to appearing in public with the word slave written on his face. After the name change, he no longer considered himself a slave, and released the album Emancipation that he said was based on his studies “of the Egyptians, the building of the pyramids and how the pyramids were related to the constellations. They were a message from the Egyptians about how civilization really started.” The name change had Warner Brothers scrambling to send out font software so reporters could incorporate the symbol into stories. Many of those writing about the musician just found it easier to speak about him as “the artist formerly known as Prince.” Years later, Prince reclaimed his name and began a series of dealings with various record labels and in 2014 struck a landmark deal with Warner brothers regaining control over his back catalog. The effort was in large part aided by an aspect of copyright law that allows authors to grab back rights from publishers after 35 years.

Internet searches for classic recordings like Purple Rain, Around the World in a Day and Sign o’ the Times yield few results whether on top streaming venues like Spotify and Rhapsody or other outlets like Tidal that boast an extensive catalog. This scarcity is a testament to the fierce and independent nature of this musician. When Napster appeared on the scene and more recently, Prince was so protective of his music copyrights that he wanted to change the law to stop other artists from covering his songs. When another artist who uploaded to YouTube a 29-second clip of her infant dancing to Prince’s “Let’s Go Crazy,” he directed Universal Music, pursuant to the Digital Millennium Copyright Act, to send a takedown notice to YouTube, which led to a lawsuit in 2007. In 2015, the 9th Circuit Court of Appeals ruled that copyright holders must consider fair use when sending takedowns. See Lenz v. Universal Music Corp., 801 F.3d 1126 (9th Cir. 2015). In 2014, his efforts to protect his music copyrights led to his suing 22 Facebook users for linking to bootlegs of his recordings. The lawsuit was withdrawn as he later explained to the BBC, “Nobody sues their fans … I have some bootlegs of Lianne [La Havas] but I wouldn’t sell them. But fans sharing music with each other, that’s cool.”

DigitalSee the Brooklyn Law Library item Digital Copyright: Protecting Intellectual Property on the Internet by Jessica Litman (Call # KF3030.1 .L58 2001) which tells how copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners’ control over individuals’ private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts. The author, a law professor at the University of Michigan Law School, argues that the 1998 copyright law as an incoherent patchwork and that there is a needfor reforms that reflect common sense and the way people actually behave in their daily digital interactions.

Library Hours & Study Room Reservations: April 27 – May 15

exam timeLibrary hours for the reading and exam period, April 27th – May 12th, are 8:00am – 2:00am.  The circulation desk will close at 12 Midnight every night during this period.

On Friday, May 13th the Library will be open  8:00am – 10:00pm.

During the reading and exam period study room reservations are mandatory.  All study rooms will be locked beginning at 8:00am on Wednesday, April 27th and students must go to the circulation desk at the time of their reservation to pick up the key to the room.  Please remember the following about the use of the study rooms during the reading/exam period:

  • Study rooms are for the use of groups of two or more students.
  • Study rooms may be reserved for the current day and three days ahead.
  • Study room reservations may be made in time slots of 60 minutes.
  • Students may book up to 4 time slots per day.
  • The link to the study room reservations is on the library homepage under “Related Links.”

Please note that the Library will be open 9:00am – 12Midnight on Saturday & Sunday, May 14th & 15th for the Writing Competition weekend.

Good Luck on Your Exams & Have a Great Summer!

 

The BLS Library Celebrates National Library Week

National Lib. Wk.National Library Week is a national observance sponsored every April by the American Library Association.  National Library Week was first begun in 1958 and its goal is to promote and support library use throughout the country.  Libraries, whether academic, public, school or special, celebrate this week each year.

Here at the Brooklyn Law School Library we are having a “National Library Week Quiz” from Monday through Thursday, April 11 -14. The quiz contains ten short questions about the library.  You can pick up a copy of the quiz at the first floor reference desk, fill in the answers on the quiz sheet, and then return the quiz to the “answer bowl” at the reference desk.  You have until 12:00 Midnight on Thursday, April 14th to return the answer sheet.  The winner will be drawn from those sheets with the correct answers. The winner will be announced and notified on Friday, April 15th.  The lucky person will receive a $25.00 gift card.

Since everyone can’t be a winner, Monday through Thursday afternoons of this week we’ll put a bowl of chocolates at the circulation desk.  Help yourself to some candy!