In honor of Bloomsday: United States v. One Book Entitled Ulysses by James Joyce

In recognition of Constitutional Law Resource Month at the Harris County Law Library and our first amendment right to free speech, we are honoring one of modern literature’s finest works, the controversial novel, Ulysses by James Joyce. First published in Paris in 1922 (after being serialized for three years in The Little Review), Ulysses takes place over the course of a single day. This day, June 16th, is recognized annually as Bloomsday, a celebration of Joyce’s life and an homage to his most famous work.

Although it is now universally touted as an innovative and pioneering work of literature, Ulysses was not always looked upon so favorably. The novel we now celebrate was subject to an implicit obscenity ban, which the American publisher, Random House, who had full rights to publish the book in the United States, sought to challenge. In 1933, Random House imported a French edition of the book, expecting it to be seized upon arrival by the U.S. Customs Service, an assumption which proved to be accurate. After seven months of weighing his options, an Assistant U.S. Attorney, who appreciated the work but questioned its decency under the law, decided to take action against it, leading ultimately to a 1934 obscenity trial in the United States Court of Appeals for the Second Circuit, 72 F.2d 705.  At question in the case was not the artistic merit of the book, but whether such a book should be regarded as "obscene" within section 305 (a) of the Tariff Act of 1930 (19 USCA § 1305a). This landmark case was extremely influential in paving a path for the import and publication of literature deemed inappropriate, coarse, or risqué, and, in effect, it reaffirmed our Constitutional right to free expression. Happy Bloomsday!

More Perfect, WNYC Podcast explores the rarEfied world of the Supreme Court

As recently reported by the New York Times, a new podcast is headed for the airwaves (or to a smartphone) near you. It’s called More Perfect, and it promises not to disappoint! This seven-week series will explore the history and lesser-known details of selected Supreme Court cases, giving special attention to their impact on everyday American lives. Jad Abumrad, a 2011 MacArthur Fellow whose curiosity and imagination know no limits, will host the show, and WNYC, the New York City public radio station that’s known for its innovative original programming, will produce it.

As a spin-off of the award-winning podcast, Radiolab, this new series is guaranteed to be a hit. Two episodes have already been posted, the first of which covers the history of the death penalty, and, in particular, the phrase, “cruel and unusual.” Embedded in the 8th Amendment to the United States Constitution, these words are a safeguard against the government’s imposition of excessive bail, fines, or punishment. The second episode, The Political Thicket, looks at Baker v. Carr, a 1962 redistricting case that Chief Justice Earl Warren called “the most important case of my tenure on the court.” (C-SPAN reported on this case in December 2015 as part of its Landmark Cases series.) A new episode of the More Perfect podcast will be posted each week until mid-July. Tune in now or subscribe to the program via your favorite app or feed.

Latest and Greatest – Ethics in the Practice of Elder Law

By Roberta K. Flowers and Rebecca C. Morgan

American Bar Association and the Aba Section of Real Property, Trust and Estate Law

KF 390 .A4 F56 2013

Designed for the attorney who is new to the field of elder law, Ethics in the Practice of Elder Law, provides an overview of the unique ethical issues that may arise when handling matters for elderly clients and for the people who are acting on their behalf. Focusing on the ABA Model Rules of Professional Conduct (rather than individual state rules), the authors examine such topics as identifying the client and the parties to whom the attorney can speak and represent, acting for the client with diminished capacity, recognizing and handling ethical issues in guardianship practice, ascertaining the true client in complex fiduciary representation cases, and dealing with ethical issues during litigation, in the provision of ancillary, non-legal services, and in marketing the elder law practice. In each chapter, you will find a practical question checklist as well as a detailed analysis of the applicable Model Rules. The book also includes the National Academy of Elder Law Attorneys Aspirational Standards, pertinent ABA Ethics Opinions, checklists, and sample letters and notices.

So, if you are new to the practice of elder law or simply need a refresher on your ethical obligations, come to the Harris County Law Library and have a look at Ethics in the Practice of Elder Law as well as some of our other elder law resources, including CLE materials, Texas Elder Law and Elderlaw: Advocacy for the Aging.