Tag Archives: Law

The guardians of precedent: A look into the history of law libraries

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If the law is a conversation stretching back centuries, then the law library is the collective memory holding every speaker’s words. It’s more than just a quiet room filled with books, it’s the physical, organized, embodiment of the rule of law. Without these dedicated repositories and the librarians who manage them, legal systems would collapse into chaos, losing the essential thread of precedent that provides stability and fairness. From ancient scrolls to digital databases, the story of the law library is the story of how society has endeavored to organize, preserve and apply justice.

Picture of books on shelf, courtesy of courtesy of Unsplash.com.

The need to organize legal thought is as old as the law itself. While we don’t think of early monasteries or royal archives as “law libraries,” they did serve as that crucial function. During the medieval period, the centers of learning were often religious institutions and it was here that texts like the Justinian Code (a collection of ancient Roman law) were preserved and studied.

Demand for organized legal collections grew with the rise of the “Common Law” system in England, beginning in the 12th Century. Common law is not based on legislative code but rather judicial decisions, the rulings of judges in previous cases. Common law judicial decisions create precedent that other judges and attorneys can look at to understand what a court ruling could and maybe should look like for particular situations, a practice called “stare decisis.” This system of relying on common law court precedent requires an organized and searchable repository of judicial decisions, a need met by law libraries.

As the legal profession matured, so did the libraries that supported it. When lawyers and judges came to early America, they brought with them the common law tradition and therefore, the immediate need for law libraries. Early American lawyers often had small private libraries that may have been the most complete collection for their areas. However, over time, as many new laws were enacted and more court decisions piled up, private collections were soon not enough. The law needed to be publicly accessible, not just for the lawyers but also for the legislators and judges creating it.

A pivotal moment came with the establishment of the Law Library of Congress in 1832. The Law Library of Congress was tasked with maintaining a collection of both American law and also the laws of foreign countries. This library was created in recognition that law was a serious, specialized field requiring dedicated, professional management. Today, it is considered the largest law library in the world with over 2.9 million items, a testament to the nation’s commitment to documentation and precedent.

A common mistake people make about law libraries is thinking of them as just storage facilities. In reality, they are complex organizational systems and the law librarian is the expert navigator. A single legal topic might involve one or more federal statutes, state statutes, government agency regulations and dozens of court cases from various jurisdictions. This material must all be linked, cross-referenced and continuously updated. The law librarian’s traditional role has been one of guidance, teaching students, lawyers and the public how to use complex indexes, digests and citators (tools that track whether a court case has been overturned or is still good law). The expertise of law librarians transforms a mountain of confusing material into an accessible, navigable resource.

The late 20th century brought the most radical change to law libraries since the invention of the printing press. The rise of digital legal research databases and other digital legal resources made legal research faster and more powerful than ever before. This did not make the need for law libraries obsolete but rather changed and enhanced the way legal resources were accessed in the library. The core mission is still the same, access to justice. Law libraries now provide citizens with on-site access to expensive, proprietary digital databases that most probably couldn’t afford at home. Law librarians still offer assistance in navigating legal resources including digital resources and complex government websites containing legal material. The physical law library is still important for historical research, specialized collections and for the simple reality that not all legal materials (especially older, rarer or less cited materials) have been digitized.

Law libraries remain quiet powerhouses of legal information. They are a space dedicated to the continuity of the law and where the past informs the present. Law libraries help ensure that justice, however imperfectly applied, can always be grounded in clear, accessible precedent.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library.

Understanding the role of librarians in legal information services

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Each day, patrons visit the library seeking guidance on a wide range of topics, including legal matters. Whether it’s locating a rental agreement form, understanding divorce proceedings or researching local ordinances, public libraries are often the first stop for individuals facing legal challenges.

Given that libraries have a longstanding reputation as a trusted source of information, it is only natural that members of the public turn to librarians for help in navigating the complex world of law. However, while librarians are well-equipped to assist with legal research and information access, there are strict ethical and legal boundaries that govern how far that assistance can go.

Close up of law books. It is helpful for patrons to understand what librarians can and cannot do in terms of legal reference assistance in the library in order to minimize frustration and maximize a positive outcome. While librarians are not attorneys and do not offer legal advice, they can provide a wide range of support within the scope of their professional role. Librarians can help patrons locate relevant laws, regulations, ordinances and court opinions. Whether its federal, state or local law, librarians can direct users to authoritative sources, both in print and online. Library staff can also demonstrate how to use legal research tools such as Westlaw and Lexus Nexus, as well as secondary sources like legal encyclopedias and self-help guides. Some of these resources require subscriptions so the resources available could be limited based on what databases or services the library pays for. Librarians can point patrons to trusted sources of free information including legal aid websites, government portals and non-commercial databases that provide reliable up to date content. This is particularly important in an era where misinformation is easily encountered online. Libraries sometimes even collaborate with legal aid organizations and community partners to host clinics, workshops and informational events. Librarians can inform patrons about upcoming programs, eligibility requirements and how to schedule appointments with qualified legal professionals.

While library staff play an important role in facilitating access to legal information, there are clear ethical and legal limits designed to protect both the patron and the librarian. These restrictions are in place to prevent the unauthorized practice of law. Librarians are not authorized to analyze how a particular law may apply to an individual specific situation. They can provide access to legal texts but they cannot offer interpretations or recommended courses of action. While librarians may assist patrons in locating the appropriate legal forms they patron may need, the librarian cannot help the patron complete the form or provide suggestions about what to include in any particular section. Doing so would constitute legal advice. If a patron asks if they should “plead guilty,” “file a motion” or “appeal a case,” these types of questions fall squarely within the realm of legal advocacy and must be directed to a licensed attorney.

Patrons need to understand that the limitations placed on librarians are not a reflection of unwillingness to help but are grounded in the professional and legal standards that protect all parties. Librarians are trained to provide neutral and objective assistance. By observing the boundary between legal information and legal advice, librarians ensure that patrons are not misled or inadvertently harmed by well-meaning but unauthorized guidance. Maintaining these boundaries also upholds the library’s reputation as a trustworthy and unbiased institution. When legal issues arise, patrons can rely on the library as a starting point for research and resource navigation and they can be confident that any further recommendations will be directed to qualified professionals. The law can be intimidating for individuals who are unfamiliar with legal systems, terminology and procedures. Libraries help lower the barrier to legal access by offering free resources, research support and community connections.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library.

Robert Dale Owen’s Law of Descents

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Robert Dale Owen was the son of New Harmony founder, Robert Owen. A well-known Hoosier, the younger Owen had a long career as a politician and social reformer. He served in the Indiana House of Representatives from 1835 to 1838 and 1851 to 1853, as a member of the 1851 Indiana Constitutional Convention and as member of the United States House of Representatives from 1843 to 1847. Additionally, Owen served as U.S. charge d’affaires and minister to Naples, Italy from 1853 to 1858.

He was a champion of women’s rights, particularly regarding property, divorce and suffrage. In working toward women’s suffrage, Owen fought for women’s right to property as part of the 1851 Indiana Constitution, but it was rejected by the convention. In his subsequent term in the Indiana House, he authored Indiana’s revised Law of Descents, giving widows the right to own property.

Pictured is a handwritten copy of Indiana’s Law of Descents by author Robert Dale Owen.

This legislation drastically changed the apportionment of estates in Indiana. The law of descents was meant to provide a will when the deceased has not created one themselves. In a speech published Dec. 20, 1851 by the Daily State Sentinel, he explains that the law’s original intention was to build up and maintain male wealth.[1] Before 1852 in Indiana, if a man died without children and his parents were also deceased, the majority rights to his property would go to any other blood relative before his wife. A widow was allowed to remain a tenant on her deceased husband’s property, but not to be the primary owner. Despite this lack of ownership, the widow would be compelled to pay her portion of taxes levied on that property and maintain its upkeep. If the marriage resulted in children, they would receive full rights to the property. Owen argued that most men in the state left humble estates and passing that income and/or real estate to other relatives doomed many widows to poverty. He also believed that proprietors were better for society as stewards of their land rather than tenants. Owen’s new law, passed on May 14, 1852, divides the property between widow and child. The revision excluded anyone other than the husband’s parents from inheritance and the widow would receive the majority. He saw this revised law as a resounding victory for justice.

He also outlines some of his views on women in a lengthy letter to the publisher of The Atlantic on Aug. 25, 1872 in which he also pitches himself, his writing and experience. He states, “I do not think moral and spiritual progress will keep pace with physical and material until women have a chance of influence in public affairs.”

This blog post was written by Rare Books and Manuscripts librarian Lauren Patton.

[1] Owen, Robert Dale. “Law of Descent.” Daily State Sentinel (Indianapolis, IN), Dec. 20, 1851.

The No-Tobacco Journal

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One might have the impression that smoking was without objection in the 1920s and 1930s. Movies showed stars smoking constantly, advertisements in newspapers had “doctors” recommending brands of cigarettes. It seems you could smoke just about anywhere. However, the No-Tobacco League of America was active throughout this time, pushing back against the smoking habit through a lens of health and moral objection.

Indiana even had a short-lived era of cigarette prohibition. From 1905-1909 it was unlawful to sell, buy or possess cigarettes. Senate Bill 51 was approved on Feb. 28, 1905. The law reads in part, “It shall be unlawful for any person … to manufacture, sell, exchange, barter, dispose of or give away … cigarettes” or any papers intended to be used to roll tobacco.

The law was in place until 1909, when it was amended. The new law narrowed the prohibition of cigarette sales and use to just minors. Currently, Indiana and federal law have the age set at 21.

Luther H. Higley began publishing the No-Tobacco Journal in Butler, Indiana in January 1918 for the No-Tobacco League of America. Higley was the owner and operator of the Butler Record, a local newspaper. He had an established career as a printer and publisher. Higley also had an affiliation with the Methodist Church in Butler and published the Epworth League Quarterly which had national circulation.

Highlights from the No-Tobacco Journal include cartoons, snarky digs at smokers, religious and moral appeals and more than a few photos to Charles Lindberg. The No-Tobacco League appealed to churches, Sunday school groups and church gatherings; much like the Temperance Movement it was as much a moral appeal as for one’s health; if not more moral than health.

The No-Tobacco League of America also published the Prohibition Defender and No-Tobacco Journal in 1931. It was designed especially for Sunday schools. The first issue had Charles Lindbergh on the cover saying, “I do not drink.” In 1934 the No-Tobacco League began publishing the Clean Life Educator, opposing drink and smoke. Again, Charles Lindbergh graced the cover of the third issue, “A young American at his best” it says under his photo.

The publication eventually moved from Higley’s publishing house in Butler to the Free Methodist Publishing House at Winona Lake. Winona Lake was the resort home to many religious revivals and retreats.

World No Tobacco Day was created in 1987 by the Member States of the World Health Organization to draw attention to preventable disease and death caused by smoking. World No Tobacco Day is May 31.

More information on Indiana’s tobacco cessation programs can be found here.

This post was written by Monique Howell, Indiana Collection supervisor.

New state law changes provisions related to employing minors

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There are a number of benefits to having teenagers in the workforce, a couple of which are that it tends be cheaper for the employer than hiring adults, and it gives the teenagers some work experience and connections that could be valuable later in life. However, it is important to balance the needs of employers with the needs of the teenagers, who may still be in school. There are both federal and state laws in place that provide some basic guidelines for employers when it comes to teen employees.

Image Credit: Child Labor Laws by Nick Youngson CC BY-SA 3.0 Alpha Stock Images

Image Credit: Child Labor Laws by Nick Youngson CC BY-SA 3.0 Alpha Stock Images.

The federal Fair Labor Standards Act sets wage minimums, work hours and safety requirements for workers under the age of 18 who are working in jobs that are covered by the law. For information on the Fair Labor Standards Act as it applies to minors, click here.

IC 20-33-3 is the chapter of Indiana state law that traditionally covered employer limits on employing students. However, the part of the law where you will find these limitations has moved from Title 20 (Education) to Title 22 (Labor and Safety).

In the 2020 legislative session, the Indiana General Assembly made a number of changes to Indiana’s laws related to employing students, only one of which was moving the teen labor laws to a different part of the code. A few of the additional changes are as follows:

The Bureau of Child Labor is now called the Bureau of Youth Employment. Work permits are no longer required for students who are not Indiana residents, or for home schooled students, or students enrolled in a career and technical education program. However, working hour restrictions still apply. Break requirements have been eliminated. Working hour restrictions for 16 and 17-year-old students are the same now. Work permit termination notices are no longer required to be sent to the school upon worker termination. Minors less than 16 years old may not work during school hours. Employers who employ at least five minors age 14 to 17 must register with the Indiana Department of Labor and a minor may not work in an establishment that is open to the public after 10 p.m. or before 6 a.m., unless another employee who is at least 18 years of age also works with the minor.

The Indiana Department of Labor has a summary  document available that describes some of the additional changes. To read about all the changes, review SEA 409 in its entirety.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia.

Duty to report child abuse

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This blog article should be considered general information and should not be construed as legal advice. The article reflects Indiana law at the time the article was written, but may not include every detail or nuance and may not reflect the law in other jurisdictions. Additionally, laws frequently change. The reader should not act on the information contained in this article but rather should act on the advice of his/her own legal counsel or other appropriate professional.

Periodically, the Indiana State Library receives requests for information about whether library staff have an obligation to report suspected child abuse. This Q & A attempts to address the most common questions regarding this subject.

Image courtesy of Pixabay (https://pixabay.com).

Are library staff required to report suspected child abuse or neglect?
(See IC 31-33-5-1 through IC 31-33-5-4)
Yes, an individual who has reason to believe that a child is a victim of child abuse or neglect is required to make a report to the Department of Child Services (DCS) or local law enforcement. Furthermore, if an individual is required to make a report in the individual’s capacity as a member of the staff of a public institution/agency, the individual is required to immediately notify the person in charge of the institution/agency (in this case, the library director) or must notify the library director’s designated agent. The library director, or the director’s designated agent, must make a report (or cause a report to be made) to DCS or local law enforcement. The staff person who personally observed the child who is suspected to be abused or neglected is only excused from making his/her own report if the staff person knows the director or the director’s designee made the report.

How should such reports be made? (See IC 31-33-5-4)
Reports must be made orally and immediately to either DCS or local law enforcement. Currently, DCS operates a hotline that is staffed 24-hours a day for the purpose of receiving such reports of suspected child abuse or neglect. The phone number is 1-800-800-5556. You could also call directly the local DCS office for the county in which your library is located.

Our library has a patron privacy policy. Doesn’t reporting suspected child abuse or neglect violate our patrons’ privacy?
The law always trumps local policy. Suspected child abuse and neglect must be reported. The library could consider amending the privacy policy to address that patron privacy is automatically waived in cases of suspected child abuse or neglect.

What if I am not sure if the child is being abused or neglected? (IC 31-9-2-101)
You don’t have to be sure. Actual knowledge is not required by the law, nor do you have to have a high level of certainty. If you have reason to believe a child may be abused or neglected, make the report and let DCS determine if the report is substantiated. “Reason to believe”, for the purpose of the child abuse and neglect reporting laws, means “evidence that, if presented to individuals of similar background and training, would cause the individuals to believe that a child was abused or neglected.”

Is the library or library staff at any risk of legal liability for reporting suspected abuse or neglect if the report is later found to be unsubstantiated by the Department of Child Services? (See IC 31-33-6-1 through IC 31-33-6-3)
Unless a report is made in bad faith, individuals who report suspected child abuse or neglect are immune from civil or criminal liability relating to their making the report. The law presumes a person making such a report was acting in good faith.

Are there consequences for not reporting suspected abuse or neglect?
(See IC 31-33-22-1 & IC 35-50-3-3)
Failure to report suspected child abuse or neglect is a class B misdemeanor punishable by up to 180 days in jail and a fine of up to $1,000.

I am concerned about retaliation from the family I reported, should I be concerned?
(See IC 31-33-18-1; IC 31-33-18-2; IC 31-33-18-5)
The names of individuals who report suspected child abuse or neglect to DCS are not supposed to be divulged by DCS. Library employees are not required to inform the parents that a report was made to DCS about the parents’ child. The audio recordings of calls made to the child abuse hotline are confidential and may be released only upon court order. Additionally, according to the DCS website, people who make reports of suspected abuse or neglect to DCS may remain anonymous.

Update: As of July 1, 2017, the following changes have been made to the child abuse and neglect reporting laws:

  • Previously, reports of suspected child abuse or neglect were required to be made orally. Now, reports of suspected child abuse or neglect may be made in writing or verbally.
  • The law now prevents public institutions, agencies, schools and other entities from establishing a policy that restricts or delays the duty of an employee or individual to make a report of suspected child abuse or neglect.
  • The law slightly modifies the reporting process when someone makes an “on the job” report as an employee of a public institution. Previously, the employee was required to notify the individual in charge and the individual in charge had an obligation to make the report. Now, the report must be made by the employee first, and then the employee must notify the individual in charge of the public institution, agency, school, etc.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia at sywatson@library.IN.gov.