The Pocket Part Blog

Who Owns the Beach? New Exhibit at UConn Law Library!

Star fish and ocean

“If a man with a family wants a nice, quiet place to swim on Long Island Sound, he’d better buy a cottage on the shore.” 1

Our Connecticut Beaches Exhibit at UConn Law Library shines a light on the obstacles in-and out-of-towners face just to have access to the beaches that border the Long Island Sound. The exhibit notes the efforts by many to open access to the beaches.

Hartford activist Ned Coll began his struggle to open beaches to all residents in the 1970s bringing children from Hartford to see the beach and sound which, for many, was the first time.  Andrew Kahrl's book, Free the Beach, available at UConn Law Library, documents Coll's crusade to open access to Connecticut's coast.  In 1995, Brenden Leydon sued the Town of Greenwich challenging their coding laws regarding access to their town beach. The Connecticut Supreme Court ultimately presided over this case where  Leydon v. Town of Greenwich relied on the First Amendment to the United States Constitution as well as the free speech clauses of the Connecticut Constitution. The Court held that the Greenwich Point Park was a “public forum” which must be open to “expressive activity” of any kind — and that to limit the park to non-residents would prevent them from exercising those rights.

The issue of coastal access reverberates today. As recently as 2023, the Connecticut legislature introduced Raised Bill 6650, in part, “To ensure that the development, preservation or use of the land and water resources of the coastal area proceeds in a manner consistent with the rights of private property owners and the capability of the land and water resources to support development, preservation or use without significantly disrupting either the natural environment or sound economic growth.”

Fairfield Beach crowd view
Colorized postcard of Fairfield Beach, c. 1932 permalink: http://hdl.handle.net/11134/80002:262 Fairfield Museum and History Center, Postcard Collection

Zoning and excessive non-resident fees are also part of the challenge. Non-residents and out-of-state visitors are dissuaded from coming to the beaches due to extremely high seasonal pass rates. One town beach charges a daily fee of $45 for non-residents weekday, $70 weekend, or $545 for the season. Residents pay $60 for a season pass.

On top of this, all beachgoers have strict restrictions on what is allowed on the beach: no dogs, no drinks, no floaties, no sports, among other items. This is done to avoid, as one town termed, the “Jerseyfication” of their beaches, meaning they did not want the character of their beaches and towns disrupted with the threat of “honky-tonk style” venues opening in their towns.

The reality, however, is that while their beaches aren’t being turned into such places, they also aren’t being fully enjoyed by all of Connecticut. New Journal author Paola Santos summarizes that in her article reflecting on beaches in her home state of California, “[i]n essence, too many public beaches in Connecticut have become country clubs.” Despite many attempts to change the situation over the years, little has changed.

This leaves us with a vital question: who really owns the beach? Visit our exhibit and decide for yourself.

Connecticut beaches are gated in ways that should be offensive to every resident of those towns.  Quotes with beach backdrop.
https://thenewjournalatyale.com/2022/12/barred-waters/

Welcome Back to the Stacks!

Bird's eye image of inside of library with students studying at desks.

Welcome to the UConn Law Library! We are eager to get to know the ILs as you become begin your law school journey and are thrilled to welcome back the 2 and 3L students!  The library staff are here to aid in a successful transition to law school and excel in your academic year.  We offer a variety of services and resources to support you in your learning and research:

Study Rooms

Our study rooms are available for group study! Students can reserve a seat at  s.uconn.edu/lawlibstudyrooms, by scanning the QR code outside the room you want to use, or by clicking the quick link on the Law Library homepage. Each student can reserve a room for up to two hours per day.  We ask that you please cancel your reservation if you no longer need it so that other students can use the space. You can always reschedule for another time that day as long as the time block is available. View the entire study room policy here.

Library2Go

Library2Go is a free book and article retrieval service. Simply request a book from the library’s collection and it will be retrieved and checked out to you. Need a book chapter or an article from a print journal? We will scan and email material that falls within our copyright guidelines.  For more information on UConn’s Copyright Policy, click here. Please allow for 5 business days to fulfill your requests. Learn more about Library2Go here.

Interlibrary Loan (ILL)

Need a book, chapter, or article that the Law Library doesn’t own? Law students, faculty, and staff can request these items using our ILL system, tILLapia. Staff will do their best to obtain the item from libraries all around the world. Just like Library2Go, scans will be emailed, and physical items will be made available across from the Circulation Desk. To learn more about ILL or to submit a request, click here.

Reference Services

The Reference team is here to answer your research questions. While they can’t do your homework for you or give legal advice, they can show you the ropes and help you when you get stuck in your research.   You can schedule a research consultation or find them at the reference desk on the main floor of the library. You can also email them at refdesk.lawlib@uconn.edu, call (860) 570-5200, or chat with them online.

Course Reserves

The Law Library keeps one copy of each required textbook that can be checked out at the Circulation Desk on short-term loan.   Please be mindful that we only have one copy to share with you and all your fellow classmates!  The Law Library also has study aids that will cater to a variety of different learning styles. For more information, check out the Study Aids section in our Student Toolkit.

The law library is a welcoming space to research, study and relax.  More questions?  You can find us at the Circulation Desk on the main floor of the Law Library, by email at lawlibrary@uconn.edu, or by calling (860) 570-5012.  Stop by with any questions or just to say "hi"!  We can't wait to see you all!

 

Summer Reads at UConn Law Library!

Book next to beach

Looking for a summer read before returning for Fall semester? Did you know that the law library has popular reading materials available for check out to law students?   

The reading lounge collection located right by the access services desk features entertainment and leisure reading. Examples include literary fiction, pop culture, and popular legal titles.  

A recent perusal found such titles as The Partner Track, now a limited series on Netflix.  Read here how this book made the transition to a Netflix Series.

book cover The Partner Track
Netflix The Partner Track Image

A quick scan resulted in titles such Hillbilly Elegy, and Maid also adapted to film on Netflix! (can we pick them, or can we pick them?)  

Also available are the timeless  Harry Potter series and a variety of titles by John Grisham. No matter what your preference is, you are bound to something to read for pleasure before the semester begins.  

Current students can borrow circulating items for 90 days and items can be renewed once.  Plenty of time to read your summer book AND check it out on Netflix before the semester returns! Enjoy!

book on movie set

Weirdest Law in Connecticut: Fact or Fiction

Scour the internet for the weirdest, craziest, or most bizarre laws in the United States and chances are you will find Connecticut on that list.  What’s our claim to fame?  According to the internet, you can’t sell pickles in Connecticut unless they bounce.  What those listicle sites never tell you is the exact source of that law.  The myth of this pickle law is so enduring and, quite frankly, entertaining that our minor league baseball team in Hartford got in on the act, changing their name to the “Bouncing Pickles” for a game earlier this season.

Bouncing Pickle Logo

We here at the Pocket Part, and hopefully you too, our faithful readers, are all about getting to the bottom of legal questions.  And we’ve got a delicious one on our hands here, where would this bouncing pickle law live?   A quick scan of the index for the annotated version of the Connecticut General States turns up a surprise hit, Pickle Law.  Jackpot.  Could it be that simple?  Unfortunately, no.  C.G.S. § 21a-24a doesn’t say anything about bouncing.  Perhaps the bouncing was part of the old timey version of the law.  You can search across older versions of the statutes on HeinOnline.  A search for the word pickle returns 15 results.  Jackpot.  Could it be that simple?  Unfortunately, no.  The majority deal with Horse Railroads and what you can put on the tracks.   Yeah, old timey laws are strange.  Luckily, this question is a great example of not reinventing the wheel.  Research at its most efficient is building off the efforts of others.  And fortunately for us, the State Library (unfortunately for them) gets this question so often that they researched it thoroughly and have put together a research guide with their answer…  Take full advantage of their efforts and click on the hyperlink to learn the truth of Connecticut’s Pickle law!  And either way, go Hartford Bouncing Pickles!!

Pride Month 2023!

June is LGBTQI+ (Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex) Pride Month! Originally celebrated as Gay Pride Day on the last Sunday in June to commemorate the 1969 Stonewall Uprising in New York City, Pride Month gradually became a month-long event.

The Stonewall site was declared a National Monument by Presidential Proclamation. The Stonewall uprising is regarded by many as the most important catalyst for the dramatic expansion of the movement to outlaw discriminatory laws and practices against LGBTQI+ Americans.

Proclamation on Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Pride Month, 2023 was issued by President Biden to launch Pride month, “calling upon the people of the United States to recognize the achievements of the LGBTQI+ community, and to celebrate the great diversity of the American people…”

Stonewall Inn Johannes Jordan/Wikimedia Commons

Today, LGBTQ Pride Month events attract millions of participants around the world and has grown to a month-long series of events such as parades, picnics, parties and concerts, including some great events to check out right here in Connecticut:  https://www.ctvisit.com/articles/pride-month-celebrations-2023

Many legal changes for the LGBTQI+ community have been made since the police raided the Stonewall Inn nearly fifty years ago. However, continuing LGBTQ+ civil and equality rights issues remain relevant today.  HeinOnline features a LGBTQ+ Rights database.  This collection charts the gay rights movement in America, showing the civil rights codified into law in the 20th and 21st centuries, as well as the inequalities that still exist today.  To learn more about the newest database check out HeinOnline’s blog here and for additional research, check out UConn Law’s Research Guide, Sexuality, Gender Identity and the Law.

Westlaw, Lexis & Bloomberg Summer & Post-Graduate Access

Summer is upon us!  Whether you are preparing for a summer internship or post-graduate plans, there are online resources available to you.  Here’s what you need to know about access to Bloomberg Law, Lexis, Westlaw and library databases. Need a dose of research help?  Research & Instruction librarians are available throughout the summer to assist with job or internship questions!

Westlaw

Returning Students

You may use your Westlaw account through the summer for noncommercial research, such as law school activities, research assistant assignments, work for a nonprofit, or in an unpaid internship.

Graduates

Graduates can register for Westlaw’s Graduate Elite Program, which provides for six months of access after graduation.  Graduates also have access to the Knowledge Center eLearnings and tutorials for 18 months after graduation.

In order to extend access you will need to opt into GRAD ELITE by logging into  www.lawschool.tr.com. Use the drop-down menu by your name to go to GRAD ELITE Status or go directly to https://lawschool.westlaw.com/authentication/gradelite.

Lexis

Returning Students

Lexis access continues through the summer with no restrictions on time or usage.

Graduates

You will have access to Lexis until December 31, 2023 with no registration required, or restrictions.  Use the same Lexis account log on credentials you used in law school.  If you are working for a nonprofit organization, you may be able to extend your access even longer through the ASPIRE Program.

Bloomberg Law

Returning Students

Bloomberg access continues through the summer, this access is automatic (no registration required) and is unlimited and unrestricted.

Graduates 

2023 graduates have continuous access for six months following graduation, through November 30, 2023. This access is automatic (no registration required) and is unlimited and unrestricted (if students register for Bloomberg Law access before graduation).  For any questions on using Bloomberg Law, students and graduates continue to have free access to our 24/7 Help Desk at (888) 560-2529 or help@bloomberglaw.com.

 Other Library Databases

Returning Students

Returning students have full access to all of our databases, such as Hein and Proquest throughout the summer.

Graduates

Alumni are always welcome to use the library and seek research help from the reference librarians.  If you stay in the area as you begin your legal careers, remember that the majority of our electronic resources can be accessed by any patron from within the library, including Westlaw. We look forward to see you back in the library!

 

Public Laws and Proclamations – Asian American, Native Hawaiian & Pacific Islander Heritage Month


Asian American, Native Hawaiian and Pacific Islander Heritage Month
, celebrated in the month of May, originated in 1978 when Congress passed a joint resolution that became Pub. L. 95-419.  This law directed the President to issue a proclamation designating the week beginning on May 4, 1979 as Asian/Pacific American Heritage Week. Pub. L. 95-419 was amended in 1990 by Pub. L. 101-283  which expanded the observance of Asian/Pacific American Heritage week to the month of May in 1990.  Finally, in 1992, Congress passed Pub. L. 102-450 which permanently designated May of each year as “Asian/Pacific American Heritage Month.”

Pursuant to Pub. L. 102-450, American Presidents have annually issued proclamations designating May as “Asian/Pacific American Heritage Month.  On April 28, 2023, President Biden issued A Proclamation for Asian American, Native Hawaiian, and Pacific Islander Heritage Month, 2023.  

Presidential Proclamations are policy statements issued by the president to the public. Although often ceremonial, they can have legal effect (examples are proclamations regarding national emergencies, foreign policy, and federal land management). An example of this would be President Biden’s Proclamation 10315 (revoked on December 28, 2021) which suspended entry of certain individuals in countries where the Omicron variant of COVID-19 had been detected.

This informative CRS Report Asian/Pacific American Heritage Month Speech Resources: Fact Sheet provides excellent summary of both Public Laws and Proclamations pertaining to Asian/Pacific American Heritage Month.  Also by CRS, the publication, Presidential Directives: An Introduction, discusses the differences between presidential directives.

The Law Library display features an assortment of academic and leisure reading books selected in honor of Asian Pacific American Heritage Month for 2023.  Be sure to stop by and check one out for summer reading!  Have a great summer!

West Academic Study Aids – Now Online!

Long commute? Want to “study” while cooking or exercising? Audio and video content is just one of the many features of our newly acquired Online West Academic Study Aids.

UConn Law Library now offers online access to over 500 study aids, including Hornbooks, Nutshells, and Gilbert Law Summaries, as well as Sum and Substance and Law School Legends Audio Content. Also included are case briefs, practice exams, and other material designed to supplement coursework.

West Academic Study Aids may be accessed at through our catalog here:  https://uconn-law.primo.exlibrisgroup.com/permalink/01UCT_LAW/1694lnv/alma99394402802433.  Students can create a free account allows you to add and save notes and highlight text. Use your @uconn.edu email account when creating your account.

A good starting point are the dropdown menus immediately below the search with 1L subjects and 2L/3L subjects.

West Screen

There are numerous print study aids that can be checked out for four hours at a time on Course Reserve. For more information on study aid and a list of resource by topic – visit our research guide here: https://libguides.law.uconn.edu/c.php?g=345453&p=2327743#s-lg-box-7093685!

Wizard Law: The Magic of Legislative Process

For those that think understanding the legislative process is unimportant, let what was nearly the nation’s first wizard law on the books convince you otherwise.  The year was 1995 in the State of New Mexico.  Their 42nd Legislature was in its first session and a bill dealing with psychologists and health facilities was introduced in the Senate.  SB 459 was referred to the Senate Standing Committees of Public Affairs and Corporation & Transportation.  Hearings were held and the bill passed out of committee and made its way to the Senate floor for consideration.  So far, so normal and not at all magical.  While the bill was up for final passage on the floor of the Senate, there was opportunity to debate or amend the text.  Senator Duncan Scott saw his chance and cast his spell.  Frustrated with the number of psychologists and psychiatrists testifying in legal trials he offered the following amendment:

 

Text of Amendment from Senate Journal

Shockingly, the amendment passed 30-0 and made its way onto the House where ultimately it was thankfully, or disappointingly depending on your love of magic, excised from the bill.  While Senator Duncan meant for the stunt to be satirical, we can see how important process is for all legislation.  Learning how to navigate process and find process generated documents can deepen your legislative history skill set and set you apart.

While many sources quote the full text of the amendment and discuss it, finding the actual text proved to be a bit more involved.  The New Mexico Legislature website lists bills but digital access to these only goes back to 1996 (so close, yet so far away).  Searching in Lexis, we can find the bill with the amendment included; however this paragraph was ultimately taken out and it’s hard to understand how exactly it all happened.  The New Mexico University School of Law has a research guide, which provided more information on how to search for legislation, but in the end, contacting the reference librarians directly was a great way to go!  The helpful librarians provided the original text of the amendment from the Senate Journal, which records action on the Senate Floor, and also an index from the journal that highlighted legislative moments of interest in the bill’s passage.  An instance illustrating that not everything is online, especially for state documents and those of an older vintage!   Abracadabra research!!

Celebrating Black History Month 2023

black history month

February is Black History Month, and the theme this year is Black Resistance.  Maybe the first thing that comes to mind is resistance through protest, but there are so many ways that Black people have resisted – and continue to resist – oppression.  One story of resistance that I would like to share here is about Dr. Carla Hayden, currently serving as the first woman and first African American Librarian of Congress.  Before she was appointed to that position by President Barrack Obama, Dr. Hayden was the CEO of the Enoch Pratt Free Library in Baltimore, MD.  In 2015, when the death of 25-year-old Freddie Gray while in police custody sparked a massive protest against police brutality in the city, Dr. Hayden made the decision to keep the public libraries open as a refuge and safe place for the community.  I had the honor of meeting Dr. Hayden (and her mother!) when I was a library student about six months later.  I listened as she spoke about her experiences, how she kept all of the branches of the library open, how she set up and coordinated reading groups and other educational opportunities for children whose schools had been closed, and how proud and afraid she was when her mother came to the main branch of the library to help distribute water and food to protesters.

This month, I encourage everyone to learn more about people like Dr. Hayden, to support projects like The Baltimore Uprising Archive, and to do something to help resist the racism that still affects Black lawyers (and librarians) today.  Check out our library's Black History Month display for some suggested reading.